Title IX, Counties, Cities, and Other Local Units
58 chapters · 2,528 sections in this title.
KRS § 100.243 Findings necessary for granting variances
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(1) Before any variance is granted, the board must find that the granting of the variance will not adversely affect the public health, safety or welfare, will not alter the essential character of the general vicinity, will not cause a hazard or a nuisance to the public, and will …
KRS § 100.247 Variance cannot contradict zoning regulation
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The board shall not possess the power to grant a variance to permit a use of any land, building, or structure which is not permitted by the zoning regulation in the zone in question, or to alter density requirements in the zone in question.
KRS § 100.251 Variance runs with the land
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A variance applies to the property for which it is granted, and not to the individual who applied for it. A variance runs with the land and is transferable to any future owner of the land, but it cannot be transferred by the applicant to a different site.
KRS § 100.253 Existing nonconforming use, continuance -- Change -- Effect of nonconforming use of ten years' duration -- Application
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nonconforming use of ten years' duration -- Application. (1) The lawful use of a building or premises, existing at the time of the adoption of any zoning regulations affecting it, may be continued, although such use does not conform to the provisions of such regulations, except a…
KRS § 100.257 Administrative review
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The board of adjustment shall have the power to hear and decide cases where it is alleged by an applicant that there is error in any order, requirement, decision, grant, or refusal made by an administrative official in the enforcement of the zoning regulation. Such appeal shall b…
KRS § 100.261 Procedure for all appeals to board
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Appeals to the board may be taken by any person, or entity claiming to be injuriously affected or aggrieved by an official action, order, requirement, interpretation, grant, refusal, or decision of any zoning enforcement officer. Such appeal shall be taken within thirty (30) days…
KRS § 100.263 Public notice of appeal hearing
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The board shall fix a reasonable time for hearing the appeal and give public notice in accordance with KRS Chapter 424, as well as written notice to the appellant and the administrative official at least one (1) week prior to the hearing, and shall decide it within sixty (60) day…
KRS § 100.267 Restraint of construction without permit
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If no building permit has been issued and a builder begins or continues to build, a restraining order may be obtained upon application to the proper court of record and evidence of the lack of a building permit shall establish a prima facie case for the issuance of the restrainin…
KRS § 100.271 Administrator of zoning regulations, powers
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An administrative official shall be designated by the city or county to administer the zoning regulation, and, if delegated, housing or building regulations. The administrative official may be designated to issue building permits or certificates of occupancy, or both, in accordan…
KRS § 100.273 Land subdivision regulations by planning commission or fiscal court -- Procedures for urban-county government
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Procedures for urban-county government. (1) Any planning commission which has completed the objectives, land use plan, transportation plan, and community facilities elements of a comprehensive plan may adopt regulations for the subdivision of land within its boundaries, except th…
KRS § 100.275 Subdivision plats and development plans -- Local ordinances, rules, and regulations -- Requirements
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regulations -- Requirements. (1) Except as provided in subsection (2) of this section, the ordinances, rules, and regulations adopted pursuant to this chapter governing subdivision plats and development plans shall be in the form of objective standards that shall be applied minis…
KRS § 100.277 Commission approval required for subdivisions
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(1) All subdivision of land shall receive commission approval. (2) No person or his agent shall subdivide any land before securing the approval of the planning commission of a plat designating the areas to be subdivided, and no plat of a subdivision of land within the planning un…
KRS § 100.281 Contents of subdivision regulations
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Subdivision regulations shall be based on the comprehensive plan, in those counties which have adopted a comprehensive plan, and all subdivision regulations shall contain: (1) The procedure for the submission and approval of preliminary and final plat and the recordation of final…
KRS § 100.283 Recording final plats
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After the approval of a subdivision plat by the planning commission, it shall be recorded at the expense of the subdivider in the office of the county clerk. The plat shall be in the form of a rectangle and the clerk shall not be required to record a plat exceeding twenty- four (…
KRS § 100.285 Revocation of subdivision plat
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(1) Upon application of all persons owning land comprising a subdivision, the planning commission may revoke the approval of a subdivision plat, including all dedications of public facilities, easements and rights-of-way. (2) Before any plat shall be revoked, all owners shall, as…
KRS § 100.287 Department of Highways may review plats
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The State Department of Highways may file with the planning commission of any planning unit exercising subdivision jurisdiction, a map of the territory within one (1) mile on either or both sides of any existing or proposed highway. After receipt of the map by the planning commis…
KRS § 100.289 Notification of pipeline operator about planned development -- Location information provided to developer -- Planning commission to gather geospatial data -- Contact information to be filed with planning commission -- Final approval -- Interpretation of statute
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information provided to developer -- Planning commission to gather geospatial data -- Contact information to be filed with planning commission -- Final approval -- Interpretation of statute. (1) As used in this section: (a) "Interstate hazardous liquid pipeline facility" has the …
KRS § 100.291 Restraint of subdivision construction
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The planning commission shall have the power to apply for an injunction against any type of subdivision construction by the subdivider or the landowner where a subdivision's regulations have been violated.
KRS § 100.292 Land sold in violation of chapter -- Plats filed -- Effect
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When it has been discovered that land has been sold or transferred, or that a contract has been entered into for the sale or transfer of land in violation of the provisions of this chapter pertaining to the regulation of subdivisions, the owner or owners of record shall file plat…
KRS § 100.293 Official map authorized
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When all components of the comprehensive plan which are prescribed under this chapter as a minimum for a planning unit and a public facilities improvement program have been prepared and adopted, the commission and legislative bodies and fiscal courts of the cities and counties sh…
KRS § 100.297 Official map, contents -- Hearing, posting
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(1) The official map may show, without being limited to, the location and extent of existing and proposed public streets, including rights-of-way, watercourses, parks and playgrounds, public schools and building sites, and other public facilities needs. (2) Prior to the adoption …
KRS § 100.301 Adoption of map, how construed
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The passage of the official map regulation shall not be deemed as opening or establishing of any street, or as a taking or as an acceptance of any land for a street, watercourse, or public ground; nor shall it obligate the city or county to improve or maintain any such street or …
KRS § 100.303 Construction permits required
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For the purpose of preserving the integrity of the official map of the city or county, no permit shall be issued for the construction or material alteration of any building within the lines of any streets, including right-of-way, watercourse, parks and playgrounds, public schools…
KRS § 100.307 Permits for unprofitable land
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If the land shown on the official map is not yielding a fair return, the board of adjustment shall have the power to grant a permit for the building which will, as little as practicable, increase the cost of future acquisition, and the board may impose reasonable requirements as …
KRS § 100.311 Public improvement program
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Any city or county may prepare and adopt a program and budget for capital improvements which the planning commission may recommend. The long-term capital improvements program shall list, in priority order of need, all of the public facility improvements proposed on the comprehens…
KRS § 100.317 Relationship to official map
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No proposed public facility improvements shall be placed upon the official map other than those included in the short-term capital improvements budget.
KRS § 100.322 Definitions for section -- Affordable housing developed by religious institutions -- Applicability of chapter -- Requirements
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institutions -- Applicability of chapter -- Requirements. (1) As used in this section: (a) "Affordable housing" means a residential dwelling unit reserved for a household whose income does not exceed eighty percent (80%) of the median income for the area as set out by the United …
KRS § 100.324 Public utility facilities excepted -- Review of proposed acquisition, disposition, or change by commission
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disposition, or change by commission. (1) All other provisions of this chapter to the contrary notwithstanding, public utilities operating under the jurisdiction of the Public Service Commission, except as specified in KRS 100.987, or the Department of Vehicle Regulation or Feder…
KRS § 100.325 Unlawful restrictions on federally licensed firearms manufacturer, importer, or dealer
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importer, or dealer. No city, county, urban-county government, charter county, or consolidated local government shall utilize the zoning process to prohibit a federally licensed firearms manufacturer, importer, or dealer from locating at any place within the jurisdiction at which…
KRS § 100.326 Definitions for section -- Retail filling stations -- Limitations on regulation by local government
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by local government. (1) As used in this section: (a) "Electric vehicle charging station" has the same meaning as in KRS 138.477; and (b) "Retail filling station" has the same meaning as in KRS 138.210. (2) A city, county, urban-county government, charter county, or consolidated …
KRS § 100.327 KRS 100.215 and 100.324 apply, when
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Only after the statement of goals and objectives and land use plan elements of the comprehensive plan, at least, have been adopted for the unit, KRS 100.215 and 100.324 shall govern.
KRS § 100.328 Bylaws and procedures
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(1) The planning commission shall have the authority to adopt all bylaws and procedures necessary to carry out the functions of this chapter. (2) The contents of and procedure for adoption and amendment of interim regulations, as provided in KRS 100.201 shall be the same as for p…
KRS § 100.329 Recording of plats
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All final plats approved by the planning commission shall be recorded at the expense of the applicant in the office of the county clerk. A copy of all regulations and the official maps of each planning unit shall be filed with the appropriate agency as provided in this chapter, o…
KRS § 100.3291 Restrictions imposing highest standards apply
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Whenever any other restrictions or covenants impose a higher standard than permitted by this chapter, then such other restriction or covenant shall govern.
KRS § 100.331 Grant of legislative powers to fiscal courts -- Exception
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Except in counties containing a consolidated local government, fiscal courts are granted all the legislative powers granted to all cities for purposes of adopting regulations and legislation proposed under this chapter.
KRS § 100.337 Enforcement by commission
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Commission shall have a cause of action for all appropriate relief including injunctions against any governmental bodies or any aggrieved person who violates this chapter or regulations adopted hereunder.
KRS § 100.345 Presiding body to adopt rules of procedure for public hearing
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Whenever a public hearing is required by this chapter, the presiding body may prescribe the procedures to be followed. No information offered at the hearing shall be excluded for failure to follow judicial rules of evidence. The presiding body may adopt its own rules to determine…
KRS § 100.346 Orientation and continuing education training for planning and zoning officials and staff
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officials and staff. (1) (a) Each planning commissioner and board of adjustment member of a planning unit shall, within one (1) year prior to his or her appointment and one (1) year following appointment, attend a minimum of three (3) hours of orientation training in one (1) or m…
KRS § 100.347 Appeal from board of adjustment, planning commission, or legislative body action -- Final action defined
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body action -- Final action defined. (1) Any person or entity claiming to be injured or aggrieved by any final action of the board of adjustment and that owns real property within the same zone where the property that is the subject of the final action is located shall appeal fro…
KRS § 100.3471 Bond for appeal of Circuit Court's final decision in KRS Chapter 100 matter. (See LRC Note below)
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matter. (See LRC Note below) (1) Any party that appeals the Circuit Court's final decision made in accordance with any legal challenge under this chapter shall, upon motion of an appellee as set forth in subsection (2) of this section, be required to file an appeal bond as set fo…
KRS § 100.348 Compatibility standards for manufactured homes -- Definitions -- Adoption of standards by local governments
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Adoption of standards by local governments. (1) The Kentucky General Assembly hereby recognizes and affirms that the protection of property values is a legitimate issue to local governments and the enactment of regulations designed to protect property values is a proper exercise …
KRS § 100.361 Construction of chapter
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(1) Nothing in this chapter shall apply or affect zoning regulations adopted pursuant to KRS Chapter 183. (2) Nothing in this chapter shall impair the sovereignty of the Commonwealth of Kentucky over its political subdivisions. Any proposal affecting land use by any department, c…
KRS § 100.3681 Filing of certificate of land use restrictions required -- Contents -- Amendments -- Effect of failure to file or file properly
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Amendments -- Effect of failure to file or file properly. (1) Effective October 1, 1988, the county clerk of every county containing a planning unit which has enacted land use regulations pursuant to this chapter shall, upon receipt of a recording fee pursuant to KRS 64.012, file…
KRS § 100.3682 Certificate for contiguous properties and properties part of same proceeding
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proceeding. If a planning commission, fiscal court, or legislative body originates a zoning map amendment for more than five (5) contiguous properties, upon approval of the map amendment, there shall be filed a single certificate setting forth the required information for all the…
KRS § 100.3683 Form of certificate
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The form for the certificate of land use restriction required by KRS 100.3681 shall be as follows: CERTIFICATE OF LAND USE RESTRICTION 1. NAME AND ADDRESS OF PROPERTY OWNER(s) ................................................. ......................................................…
KRS § 100.3684 Effect of KRS 100.3681 to 100.3683
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Nothing in KRS 100.3681 to 100.3683 shall affect other recording requirements imposed by this chapter.
KRS § 100.401 Legislative intent
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It is the intent of KRS 100.401 to 100.419 to strengthen the enforcement of binding elements which have been approved as part of a land use development plan in a county containing a consolidated local government. This is intended to be done by extending to a planning commission i…
KRS § 100.403 Definitions for KRS 100.401 to 100.419
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As used in KRS 100.401 to 100.419, unless the context otherwise requires: (1) "Land use enforcement officer" in a county containing a consolidated local government means an officer authorized by a planning commission to enforce binding elements. (2) "Land use ordinance" in a coun…
KRS § 100.405 Enforcement of binding elements classified as civil offenses -- Exception to powers of classification
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powers of classification. (1) The planning commission in counties containing a consolidated local government may issue remedial orders and impose civil fines as a method of enforcing a binding element when a violation of that binding element has been classified as a civil offense…
KRS § 100.407 Specific powers of planning commissions to enforce binding elements
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Each planning commission which is given the authority by the local government to enforce binding elements shall have the power to: (1) Adopt rules and regulations to govern its operation and the conduct of its hearings that are consistent with the requirements of KRS 100.401 to 1…