Title IX, Counties, Cities, and Other Local Units

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.

(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 …

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.

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.

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…

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…

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…

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…

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…

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…

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…

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…

(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…

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…

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 (…

(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…

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…

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 …

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.

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…

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…

(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 …

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 …

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…

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 …

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…

No proposed public facility improvements shall be placed upon the official map other than those included in the short-term capital improvements budget.

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 …

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…

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…

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 …

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.

(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…

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…

Whenever any other restrictions or covenants impose a higher standard than permitted by this chapter, then such other restriction or covenant shall govern.

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.

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.

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…

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…

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…

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…

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 …

(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…