Title IX, Counties, Cities, and Other Local Units

As used in this chapter, unless the context otherwise requires: (1) "Administrative official" means any department, employee, or advisory, elected, or appointed body which is authorized to administer any provision of the zoning regulation, subdivision regulations, and, if delegat…

Before any planning operations may begin, a planning unit must be formed and designated. Planning units may consist of a city or county, acting independently in accordance with KRS 100.117; cities and their county, jointly, in accordance with KRS 100.121; or groups of counties an…

Any city or county may establish a planning program as an independent operation if the following required procedure is unsuccessful in establishing a joint planning unit encompassing the county and cities therein. (1) A city shall interrogate the county and every other city there…

(1) At any time, the legislative bodies of cities and the fiscal court of the county containing the cities may enter into an agreement to form a joint planning unit by combining planning operations in order that they may carry out a joint city-county planning program. Combination…

At any time, the legislative bodies of the cities and counties comprising two (2) or more adjacent planning units whose combined territory form a logical functional area, or portion thereof, by reasons of physical, economic, or social features may enter into an agreement to form …

Exception when planning unit includes county with consolidated local government. (1) All agreements for joint or regional planning units shall be in writing, and shall describe the boundaries of the area involved, and shall contain all details which are necessary for the establis…

An independent city planning unit or members of a joint planning unit composed only of two (2) or more cities may exercise extraterritorial jurisdiction for the purposes of subdivision regulations and other regulations up to five (5) miles from all points upon the city's boundary…

(1) Before a planning unit may engage in planning operations, a planning commission shall be appointed for the unit in conformance with an adopted agreement. (2) A planning commission shall consist of at least five (5), but not more than twenty (20) members. (3) The Governor shal…

local government -- Qualifications -- Appointment -- Conflicts of interest -- Legislation regarding plan. (1) Except in a consolidated local government, counties with a population of 300,000 or more inhabitants shall be a planning unit and shall have a planning commission which c…

Except in counties containing a consolidated local government, the mayor of each city entitled to one (1) or more members and the county judge/executive of each county shall appoint the members of the planning commission with the approval of their respective legislative bodies.

The term of office of all elected public officials appointed to a planning commission shall be the same as their official tenure in office. The term of office for other members of the planning commission shall be four (4) years, but the term of office of members first appointed s…

Vacancies on the planning commission, shall be filled within sixty (60) days by the appropriate appointing authority. If the authority fails to act within that time, the planning commission shall fill the vacancy. When a vacancy occurs other than through expiration of the term of…

All members of a planning commission shall, before entering upon their duties, qualify by taking the oath of office prescribed by Section 228 of the Constitution of the Commonwealth of Kentucky before any judge, county judge/executive, notary public, clerk of a court, or justice …

In the agreement under which the planning unit operates, reimbursement for expenses or compensation, or both, may be authorized for citizen members of a planning commission. Reimbursement for expenses may be authorized for public officials and employees of participating cities an…

consolidated local government. (1) Any member of a planning commission may be removed by the appropriate appointing authority for inefficiency, neglect of duty, malfeasance, or conflict of interest. Any appointing authority who exercises the power to remove a member of the planni…

Each planning commission annually shall elect a chairman, and any other officers which it deems necessary. All officers shall be citizen members, and shall be eligible for reelection at the expiration of his term.

The planning commission shall conduct regular meetings as it deems necessary for the transaction of its business; but there shall be at least six (6) regular meetings annually. The schedule for regular meetings shall be expressed in the rules and regulations of the commission. Sp…

The planning commission shall adopt bylaws for the transaction of business, and shall keep minutes and records of all proceedings, including regulations, transactions, findings, and determinations, and the number of votes for and against each question, and if any member is absent…

(1) A simple majority of the total membership of a planning commission as established by agreement shall constitute a quorum, except that a planning unit created pursuant to KRS 100.137 may specify in its planning agreement that five (5) members of the planning commission shall c…

The planning commission may employ a staff or contract with planners or other persons as it deems necessary to accomplish its assigned duties under this chapter. History through 1968: Created 1966 Ky. Acts ch. 172, sec. 21.

The legislative bodies in the planning unit may appropriate out of general revenues for the expenses and accommodations necessary for the work of the commission. Any planning commission shall have the right to receive, hold, and spend funds which it may legally receive from any a…

The legislative body or mayor of the city and the fiscal court or county judge/executive of the county may assign to the planning commission of the planning unit of which it is a member, or to an area planning commission if in existence, any powers, duties and functions relating …

publication requirements -- Limitation. All other provisions of this chapter to the contrary notwithstanding, no comprehensive plan, land use or zoning regulation, subdivision regulation, public improvements program, or official map regulation shall be invalidated in its entirety…

The planning commission of each unit shall prepare a comprehensive plan, which shall serve as a guide for public and private actions and decisions to assure the development of public and private property in the most appropriate relationships. The elements of the plan may be expre…

The comprehensive plan shall contain, as a minimum, the following elements: (1) A statement of goals and objectives, which shall serve as a guide for the physical development and economic and social well-being of the planning unit; (2) A land use plan element, which shall show pr…

All elements of the comprehensive plan shall be based upon but not limited to, the following research, analysis, and projections: (1) An analysis of the general distribution and characteristics of past and present population and a forecast of the extent and character of future po…

bodies and fiscal courts -- Notice -- Hearing. (1) The planning commission of each planning unit shall prepare and adopt the statement of goals and objectives to act as a guide for the preparation of the remaining elements and the aids to implementing the plans. The statement sha…

(1) All elements of the comprehensive plan shall be prepared with a view towards carrying out the statement of goals and objectives. The various elements may be adopted as they are completed, or as a whole when all have been completed. The planning commission shall hold a public …

regulation of urban residential zones. (1) Except as provided in subsection (3) of KRS 100.137, when the planning commission and legislative bodies have adopted the statement of goals and objectives, and the planning commission has additionally adopted at least the land use eleme…

unit within a single zone -- Addressing land use proposals as conditional use. (1) Subject to KRS 100.137(3), nothing in this chapter shall preclude the legislative bodies and fiscal courts of cities and counties comprising a planning unit from enacting a land use regulation whic…

county governments. Cities and counties may enact zoning regulations which shall contain: (1) A text, which shall list the types of zones which may be used, and the regulations which may be imposed in each zone, which must be uniform throughout the zone. In addition, the text sha…

Nothing in KRS 100.203 shall be deemed to abrogate laws, regulations and ordinances of cities and counties which relate to health, safety and sewage requirements.

planning unit not required. Except as provided in KRS 100.137(3), nothing contained in this chapter shall be construed or implied as requiring the legislative bodies of cities and counties comprising the same joint planning unit to adopt identical zoning regulations. Nor shall th…

(1) Before a city or county enacts zoning regulations, as authorized by KRS 100.201, the planning commission shall prepare the text and map of all zoning regulations and shall hold at least one (1) public hearing. Notice of the public hearing shall be given in accordance with the…

(1) Any city, county, consolidated local government, or urban-county government which is part of a planning unit may provide, by ordinance, for: (a) The voluntary transfer of the development rights permitted on one (1) parcel of land to another parcel of land; (b) Restricting or …

use management regulation in newly annexed or reclassified territory. (1) When a city which has adopted zoning or other land use regulations pursuant to this chapter proposes to annex unincorporated or accept the transfer of incorporated territory, it may amend its comprehensive …

government -- Restrictions -- Definitions. (1) As used in this section, unless the context otherwise requires: (a) "Accessory dwelling unit" means a smaller, secondary dwelling unit located on the same lot as a principal dwelling, which provides complete, independent living facil…

Hearing -- Time limit for final action. (1) For the purposes of this section, "administratively complete" means that a proposal for a zoning map amendment is accurate and complete by meeting all the applicable requirements of this chapter and any other applicable administrative r…

A legislative body or fiscal court may adopt, in lieu of the provisions of KRS 100.211, a regulation to provide as follows: (1) A proposal for a map amendment may originate with the planning commission of the unit, with any fiscal court or legislative body which is a member of th…

When in any planning unit except for a planning unit containing a city of the first class or a consolidated local government, a hearing is scheduled on a proposal by a property owner to amend any zoning map, the following notice shall be given in addition to any other notice requ…

(1) Before any map amendment is granted, the planning commission or the legislative body or fiscal court must find that the map amendment is in agreement with the adopted comprehensive plan, or, in the absence of such a finding, that one (1) or more of the following apply and suc…

class or consolidated local government. When in any planning unit containing any portion of a county containing a city of the first class or a consolidated local government a hearing is scheduled on a proposal by a property owner to amend any zoning map, the following notice shal…

-- Oath -- Compensation -- Removal -- Officers -- Effect of compact -- Membership upon establishment of consolidated local government. (1) (a) Before any zoning regulation may have legal effect within the planning unit, a board or boards of adjustment shall be appointed for the p…

(1) Each board of adjustment shall conduct meetings at the call of the chairman who shall give written or oral notice to all members of the board at least seven (7) days prior to the meeting, which notice shall contain the date, time and place for the meeting, and the subject or …

Any board of adjustments may employ or contract with planners or other persons as it deems necessary to accomplish its assigned duties under this chapter.

Any board of adjustments shall have the right to receive, hold, and spend funds which it may legally receive from any and every source both in and out of the Commonwealth of Kentucky, including the United States government, for the purpose of carrying out the provisions of this c…

Any board of adjustments shall have the power to issue subpoenas to compel witnesses to attend its meetings and give evidence bearing upon the questions before it. The sheriff shall serve such subpoenas. The Circuit Court may, upon application by the board compel obedience to suc…

The chairman of any board of adjustments shall have the power to administer an oath to witnesses prior to their testifying before the board on any issue.

The board shall have the power to hear and decide applications for conditional use permits to allow the proper integration into the community of uses which are specifically named in the zoning regulations which may be suitable only in specific locations in the zone only if certai…

The board shall have the power to hear and decide on applications for variances. The board may impose any reasonable conditions or restrictions on any variance it decides to grant.