Title IX, Counties, Cities, and Other Local Units

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…

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…

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…

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…

legislative body required. Notwithstanding any provision of KRS 100.401 to 100.419 to the contrary, a planning commission shall not waive or amend an agreed-upon binding element added by the legislative body without the approval of the legislative body of the local government exe…

Response of alleged violation -- Hearing -- Final order. (1) When a land use enforcement officer, based upon personal observation or investigation, has reasonable cause to believe that a violation of a binding element has occurred, the officer may issue a warning notice and citat…

Determination of existence of violation -- Criminal order. (1) When a hearing before a planning commission has been requested, the planning commission, through its clerical and administrative staff, shall schedule a hearing. The hearing shall be conducted within thirty (30) days …

Court. (1) An appeal from any final order issued by a planning commission may be made to the District Court of the county in which the planning commission is located. The appeal shall be taken within thirty (30) days of the date the order is issued. The appeal shall be initiated …

The person or entity found to have committed a violation of a binding element shall be responsible for the amount of all fines assessed for the violation. A planning commission may bring a civil action against the person or entity and shall have the same remedies as provided for …

Nothing contained in KRS 100.401 to 100.419 shall prohibit a local government from taking immediate action to remedy a violation of a binding element when there is reason to believe that the existence of the binding element violation presents a serious threat to the public health…

The provisions of KRS 100.401 to 100.419 may be cited as the "Binding Element Enforcement Act."

As used in KRS 100.982 to 100.984, unless the context otherwise requires: (1) "Person with a disability" means a person with a physical, emotional, or mental disability, including, but not limited to, an intellectual disability, cerebral palsy, epilepsy, autism, deafness or hard …

Any sponsoring private or governmental agency shall be permitted to operate a residential care facility in any residential district, zone, or subdivision subject only to compliance with the same limitations upon area, height, yard, screening, parking, number of dwelling units, an…

In addition to the definitions set forth in KRS 100.111, the following definitions shall apply to KRS 100.985 to 100.987: (1) "Cellular antenna tower" means a tower constructed for, or an existing facility that has been adapted for, the location of transmission or related equipme…

cellular antenna towers. In regulating the placement of cellular antenna towers, a planning commission shall not: (1) Regulate the placement of a cellular antenna tower on the basis of the environmental effects of radio frequency emissions to the extent that these facilities comp…

In addition to the requirements of KRS 100.987, a uniform application shall include: (1) The full name and address of the applicant; (2) The applicant's articles of incorporation, if applicable; (3) A geotechnical investigation report, signed and sealed by a professional engineer…

towers -- Duties of utility or company proposing to construct antenna tower -- Confidentiality of information contained in application -- Duties and powers of planning commission -- Co-location -- Public Service Commission approval of cellular antenna towers on certain properties…

(1) Any person or entity who violates any of the provisions of KRS 100.201 to 100.347 or any of the regulations adopted pursuant thereto for which no other penalty is provided, shall upon conviction, be fined not less than ten dollars ($10) but not more than five hundred dollars …

For the purpose of advertising and developing their natural resources, and promoting the general welfare, better business methods and civic conditions, a corporate body, to be known as the chamber of commerce, is authorized in cities of the home rule class.

(1) The articles of incorporation shall be as follows: "We, the undersigned business and professional persons resident, or conducting a business, or having a branch office, in the city of _________, county of _________, Kentucky, adopt the following articles of incorporation: "Ar…

The chamber of commerce may sue and be sued. The private property of members shall be exempt from corporate debts. It may have a seal, which it may alter at pleasure. It shall have power to take property by gift, purchase, devise or bequest, and to sell and convey it. It shall ha…

No salary shall be paid to any officer. No dividend shall be declared by the chamber of commerce.

The board of directors may employ a general secretary, whose salary shall be fixed before his employment.

The treasurer shall receive all funds belonging to the chamber of commerce, including all appropriations of the city governing body. He shall pay out the same on bills allowed by the board of directors, upon warrants certified by the president and secretary.

(1) The treasurer and the secretary shall give bond, the amount to be fixed by the directors at not less than the sum likely to come into their hands. (2) The secretary and treasurer shall, at the close of each semiannual period, file with the board of directors an accurate detai…

boundaries. After July 12, 2006, no city, county, charter county, urban-county, consolidated local government, or special district shall issue revenue bonds as provided in this chapter for any housing project which is located outside the jurisdictional boundaries of the issuing e…

As used in KRS 103.200 to 103.285: (1) "Building" or "industrial building" means any land and building or buildings, including office space related and subordinate to any of the facilities enumerated in this subsection, any facility or other improvement thereon, and all real and …

(1) In order to promote the economic development of the Commonwealth, to relieve conditions of unemployment, to encourage the increase of industry in this state, and to aid in the retention of existing industry through improved energy efficiency in manufacturing facilities, or th…

Committee -- Review and approval or disapproval of projects -- Statement of assurance -- Maximum length of bond authorization. (1) It shall be the duty of the state local debt officer to review only those projects authorized by KRS 103.200(1) (k), (l), (m), and (n), and only off-…

(1) As an alternative to the procedures set forth in KRS 103.200 to 103.285, inclusive, any city or county, for the purpose of financing the acquisition of an industrial building, may issue negotiable bonds pursuant to KRS 103.200 to 103.285 under one (1) of the following methods…

(1) The bonds may be issued to bear interest at any rate or rates, either fixed or variable, in accordance with such method as shall be set by the governing body of the issuer, payable either annually or at shorter intervals, may be of such terms and maturities, may bear such con…

revenue. (1) Notwithstanding the form or tenor, and in the absence of an express recital on the face thereof that the bond is nonnegotiable, all bonds issued pursuant to KRS 103.200 to 103.285 shall at all times be and shall be treated as, and have all the qualities and incidents…

All money received from the sale of the bonds shall be applied solely for: (1) The acquisition of the industrial building and: (a) Any utilities; (b) Pollution control structures or equipment; (c) Equipment or technologies employed to increase the energy efficiency of manufacturi…

procedure. (1) For purposes of the exercise of the power of eminent domain, "building" or "industrial building" shall be deemed to include only the following: coal conversion facilities, hospitals, primary medical centers, health care clinics, convention centers, or any industria…

Nothing in KRS 103.200 or 103.210 confers nor shall be deemed to confer the power of eminent domain except as provided by KRS 103.245.

companies by cities and counties. (1) (a) The term "pollution control facilities" means any land, building, structure, machinery, equipment, device, system or facility functionally related thereto designed for the control, containment, reduction, prevention or abatement of atmosp…

(1) A statutory mortgage lien shall exist upon the industrial building so acquired in favor of the holders of the bonds and coupons. The industrial building so acquired shall remain subject to the statutory mortgage lien until the payment in full of the principal of the bonds, an…

Notwithstanding the provisions of KRS 103.250, it may be provided in the proceedings authorizing bonds issued under the terms of KRS 103.200 to 103.285, inclusive, that the issuer, in connection with the issuance of its bonds, execute a mortgage deed of trust in favor of the trus…

(1) At or before the issuance of bonds the city legislative body or the fiscal court of the county, as the case may be, shall, by ordinance or resolution, set aside and pledge the income and revenue of the industrial building into a separate and special fund to be used and applie…

(1) If a surplus is accumulated in the operating and maintenance funds equal to the cost of maintaining and operating the industrial building during the remainder of the calendar, operating or fiscal year, and during the succeeding like year, any excess over such amount may be tr…

outstanding bonds, whether or not city or county was original issuer of bonds. (1) If the city legislative body, or the fiscal court of the county, as the case may be, finds that the bonds authorized will be insufficient to accomplish the purpose desired, additional bonds may be …

energy efficiency projects through guaranteed energy savings contracts. (1) As used in this section: (a) "Energy service company" means an entity in the business of providing evaluation, design, implementation, installation, measurement and verification, and other related service…

All properties, both real and personal, which a city or county may acquire to be rented or leased to an industrial concern according to KRS 103.200 to 103.280, shall be exempt from taxation to the same extent as other public property used for public purposes, as long as the prope…

(1) The Kentucky Private Activity Bond Allocation Committee is established. The purpose of the committee shall be to ensure compliance by the Commonwealth, its political subdivisions, and other authorized issuers within the Commonwealth of Kentucky, of private activity bonds, as …

Acquisition of property. (1) For the purpose of protecting property within and beyond their limits from floods or high water, cities of all classes are authorized to extend a flood control system outside the city boundaries by constructing, enlarging, extending, equipping, mainta…

The Finance and Administration Cabinet is authorized to receive and distribute sums paid to this state, for the benefit of particular counties of this state, under the Federal Flood Control Act of June 28, 1938, as amended. The Finance and Administration Cabinet shall keep a sepa…