Title IX, Counties, Cities, and Other Local Units

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…

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…

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…

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) ................................................. ......................................................…

Nothing in KRS 100.3681 to 100.3683 shall affect other recording requirements imposed by this chapter.

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.