Title IX, Counties, Cities, and Other Local Units
58 chapters · 2,528 sections in this title.
KRS § 100.161 Officers
0.2K chars
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.
KRS § 100.163 Meetings
0.6K chars
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…
KRS § 100.167 Minutes and bylaws
0.7K chars
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…
KRS § 100.171 Quorum -- Member may conduct hearing or preside
1.1K chars
(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…
KRS § 100.173 Employing planners or other persons
0.2K chars
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.
KRS § 100.177 Finances
1.0K chars
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…
KRS § 100.181 Assigning other agency functions to commission
0.3K chars
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 …
KRS § 100.182 Effect of failure to comply strictly with procedural provisions or publication requirements -- Limitation
0.9K chars
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…
KRS § 100.183 Comprehensive plan required
0.4K chars
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…
KRS § 100.187 Contents of comprehensive plan
3.3K chars
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…
KRS § 100.191 Research requirements for comprehensive plan
1.4K chars
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…
KRS § 100.193 Statement of goals and objectives -- Action on statement by legislative bodies and fiscal courts -- Notice -- Hearing
2.8K chars
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…
KRS § 100.197 Adoption of plan elements -- Periodic amendment or readoption
2.9K chars
(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 …
KRS § 100.201 Interim and permanent land use regulations authorized -- Designation and regulation of urban residential zones
3.4K chars
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…
KRS § 100.202 Land use regulation permitting placement of all property within planning unit within a single zone -- Addressing land use proposals as conditional use
0.9K chars
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…
KRS § 100.203 Content of zoning regulations -- Appeal -- Special provisions for urban-county governments
5.4K chars
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…
KRS § 100.204 Effect of KRS 100.203
0.2K chars
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.
KRS § 100.205 Identical zoning regulations among cities and counties comprising joint planning unit not required
0.6K chars
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…
KRS § 100.207 Text and map of zoning regulations -- Notice and publication
1.1K chars
(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…
KRS § 100.208 Transferable development rights
1.9K chars
(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 …
KRS § 100.209 Amendment of comprehensive plan prior to annexation permitted -- Land use management regulation in newly annexed or reclassified territory
2.8K chars
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 …
KRS § 100.2101 Density development projects in county containing consolidated local government -- Restrictions -- Definitions
1.8K chars
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…
KRS § 100.211 Procedure for amending zoning map and text of regulation -- Notice -- Hearing -- Time limit for final action
7.6K chars
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…
KRS § 100.2111 Alternative regulation for zoning map amendment
2.3K chars
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…
KRS § 100.212 Notice of hearing on proposed map amendment
2.7K chars
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…
KRS § 100.213 Findings necessary for proposed map amendment -- Reconsideration
1.1K chars
(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…
KRS § 100.214 Hearing on proposed map amendment in county containing city of the first class or consolidated local government
4.2K chars
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…
KRS § 100.217 Board of adjustment -- Membership -- Appointment -- Terms -- Vacancies -- Oath -- Compensation -- Removal -- Officers -- Effect of compact -- Membership upon establishment of consolidated local government
6.2K chars
-- 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…
KRS § 100.221 Meetings of board -- Quorum -- Minutes -- Bylaws -- Hearing examiner
1.7K chars
(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 …
KRS § 100.223 Employing planners or other persons
0.2K chars
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.
KRS § 100.227 Finances
0.3K chars
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…
KRS § 100.231 Subpoena power
0.3K chars
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…
KRS § 100.233 Administration of oaths
0.2K chars
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.
KRS § 100.237 Conditional use permits
7.6K chars
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…
KRS § 100.241 Variances
0.2K chars
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.
KRS § 100.243 Findings necessary for granting variances
1.2K chars
(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
0.2K chars
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
0.3K chars
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
2.3K chars
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
0.3K chars
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
0.9K chars
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
0.4K chars
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
0.3K chars
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
0.5K chars
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
1.2K chars
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
0.8K chars
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
3.0K chars
(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
2.9K chars
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
0.5K chars
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
1.2K chars
(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…