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99.050 Conditions of approval of plan by planning commission.
(1)
(2)
(3)
A planning commission may approve a development plan, but no certificate of
approval thereof shall be issued by it unless and until an application for
approval has been filed with it, together with the development plan, and unless
and until, after a public hearing before it, notice of which hearing giving the
time, place and purpose of the hearing shall be given by publication pursuant
to KRS Chapter 424, and by one or more handbills posted up in the area
sought to be redeveloped giving the time, place and purpose of the hearing,
the planning commission finds:
(a) That the area within which the development area is included is
substandard or insanitary and that the redevelopment of the development
area in accordance with the development plan is necessary or advisable
to effectuate the public purposes declared in KRS 99.020;
(b) That the development plan is in accord with the master plan, or city map,
if any, of the city;
(c) That the development area is of sufficient size to allow its redevelopment
in an efficient and economically satisfactory manner;
(d) That the various stages, if any, by which the development is proposed to
be constructed or undertaken, as stated in the development plan, are
practicable and in the public interest;
(e) That public facilities, including, but not limited to school, fire, police,
transportation, park, playground and recreation, are presently adequate,
or will be adequate, at the time that the development is ready for use, to
service the development area;
(f) That the proposed changes, if any, in zoning ordinances or maps and in
streets and street levels, or any proposed street closing, are necessary or
desirable for the development and its protection against blighting
influences and for the city as a whole; and
(g) Upon the data submitted by or on behalf of the redevelopment
corporation, or upon data otherwise available to the planning commission,
that the carrying into effect of the development plan will not cause undue
hardship to the families, if any, occupying dwelling accommodations in the
development area to such a degree as to outweigh the public purpose
defined in KRS 99.020.
Any such findings shall be conclusive evidence of the facts so determined
except upon proof of fraud or willful misfeasance. In arriving at such
determination, the planning commission shall consider only those elements of
the development plan relevant to such determination under paragraphs (a)
through (g) of subsection (1) of this section and to the type of development
which is physically desirable for the development area concerned from a city
planning viewpoint, and from a neighborhood unit viewpoint if the development
plan provides that the development area is to be primarily residential. Upon
approval of a development plan by the planning commission, it shall forthwith
issue a certificate of approval thereof.
Such planning commission may state general standards of city and
neighborhood unit planning to which a development plan should conform to be
approved by it. Such standards, however, shall be as flexible as possible and
only for the guidance of prospective proponents of development plans.
Variations therefrom shall be freely allowed upon a showing of their
advisability, to the end that individual initiative be encouraged.
Effective:June 17, 1966
History: Amended 1966 Ky. Acts ch. 239, sec. 98. -- Created 1942 Ky. Acts ch. 36,
sec. 3.
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