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Kentucky Revised Status (KRS)
Kentucky Revised Statutes (KRS) Chapter 100 is the state law that governs planning and zoning in the Commonwealth of Kentucky. It is the foundation of all planning and zoning activities that local communities pursue, including preparing and adopting comprehensive plans. Read on to learn more about KRS Chapter 100.
Chapter 100- Planning and Zoning
Planning and zoning activities in the Commonwealth of Kentucky operate under legal guidelines established by Chapter 100 of the Kentucky Revised Statutes.
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 expressed in words, graphics, or other appropriate forms. They shall be interrelated, and each element shall describe how it relates to each of the other 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 proposals for the most appropriate, economic, desirable and feasible patterns for the general location, character, extent, and interrelationship of the manner in which the community should use its public and private land at specified times as far into the future as is reasonable to foresee. Such land uses may cover, without being limited to, public and private, residential, commercial, industrial, agricultural and recreational land uses;
(3) A transportation plan element, which shall show proposals for the most desirable, appropriate, economic and feasible pattern for the general location, character, and extent of the channels, routes, and terminals for transportation facilities for the circulation of persons and goods for specified times as far into the future as is reasonable to foresee. The channels, routes, and terminals may include, without being limited to all classes of highways or streets, railways, airways, waterways; routings for mass transit trucks, etc.; and terminals for people, goods, or vehicles related to highways, airways, waterways, and railways;
(4) A community facilities plan element which shall show proposals for the most desirable, appropriate, economic and feasible pattern for the general location, character, and the extent of public and semipublic buildings, and facilities for specified times as far into the future as is reasonable to foresee. The facilities may include, without being limited to, parks and recreation, schools and other educational or cultural facilities, libraries, churches, hospitals, social welfare and medical facilities, utilities, fire stations, police stations, jails, or other public office or administrative facilities;
(5) (a) Provisions for the accommodation of all military installations greater than or equal in area to three hundred (300) acres that are:
- Contained wholly or partially within the planning unit’s boundaries;
- Abutting the planning unit’s boundaries; or
- Contained within or abutting any county that contains a planning unit.
(b) The goal of providing for the accommodation of these military installations shall be to minimize conflicts between the relevant military installations and the planning unit’s residential population. These provisions shall be made after consultation with the relevant installation’s command authorities to determine the needs of the relevant military installation. These consultations shall include but not be limited to questions of installation expansion, environmental impacts, issues of installation safety, and issues relating to air space usage, to include noise pollution, air pollution, and air safety concerns; and
(6) The comprehensive plan may include any additional elements such as, without being limited to, community renewal, housing, flood control, pollution, conservation, natural resources, regional impact, historic preservation, and other programs which in the judgment of the planning commission will further serve the purposes of the comprehensive plans.
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 population as far into the future as is reasonable to foresee;
(2) An economic survey and analysis of the major existing public and private business activities, and a forecast of future economic levels, including a forecast of anticipated necessary actions by the community to increase the quality of life of its current and future population through the encouragement of economic development as far into the future as is reasonable to foresee;
(3) Research and analysis as to the nature, extent, adequacy, and the needs of the community for the existing land and building use, transportation, and community facilities in terms of their general location, character and extent, including the identification and mapping of agricultural lands of statewide importance and analysis of the impacts of community land use needs on these lands; and
(4) Additional background information for the elements of the comprehensive plan may include any other research analysis, and projections which, in the judgment of the planning commission, will further serve the purpose of the comprehensive plan.
(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 shall be presented for consideration, amendment and adoption by each legislative body and fiscal court in the planning unit. The legislative bodies and fiscal courts shall take action upon the proposed statement of goals and objectives within ninety (90) days of the date upon which the legislative body or fiscal court receives the planning commission’s final action upon such proposal. If no action is taken within the ninety (90) day period, the statement of goals and objectives shall be deemed to have been approved by operation of law.
(2) Each legislative body and fiscal court in the planning unit may develop goals and objectives for the area within its jurisdiction which the planning commission shall consider when preparing or amending the comprehensive plan. During its preparation and that of the other plan elements, it shall be the duty of the planning commission to consult with public officials and educational, professional and other organizations, and with citizens.
(3) During the preparation of the statement of goals and objectives, and at least fourteen (14) days prior to any public hearing on the adoption, amendment, or readoption of any element of the comprehensive plan, the planning commission shall give notice of the preparation of the statement of the hearing to the following public officials in each city and county adjacent to the planning unit:
(a) If the adjacent city or county is part of a planning unit, the notice shall be sent to the planning commission of that unit; or
(b) If the adjacent city or county is not part of a planning unit, the notice shall be sent to the chief executive officer of that city or county government.
(4) The notice required in subsection (3) of this section, and a copy of the proposed comprehensive plan element, shall also be given to the regional planning council for the area in which the planning unit is located. The council shall coordinate the review and comments of local governments and planning commissions serving planning units affected by the proposal and make recommendations designed to promote coordinated land use in the regional planning council’s area of jurisdiction.
(5) Any planning commission which is adopting, amending, or readopting any element of the comprehensive plan may conduct a hearing to receive testimony from adjacent planning units, city or county government, or the regional planning council of the affected area.
Periodic amendment or readoption. – (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 hearing and adopt the elements. The comprehensive plan elements, and their research basis, shall be reviewed from time to time in light of social, economic, technical and physical advancements or changes. At least once every five (5) years, the commission shall amend or readopt the plan elements. It shall not be necessary to conduct a comprehensive review of the research done at the time of the original adoption pursuant to KRS 100.191, when the commission finds that the original research is still valid. The amendment or readoption shall occur only after a public hearing before the planning commission.
(2) The elements of the comprehensive plan shall be reviewed by the planning commission at least once every five (5) years and amended if necessary. If the goals and objectives statement is proposed to be amended, then the proposed amendments shall be submitted to the legislative bodies and fiscal courts in the planning unit for consideration, amendment, and adoptions. The legislative bodies and fiscal courts shall take action upon the proposed statement of goals and objectives within ninety (90) days of the date upon which the legislative body or fiscal court received the planning commission’s final action upon such proposal, If no action is taken within the ninety (90) day period, the proposed amendments to the statement of goals and objectives shall be deemed to have been approved by operation of law. If the goals and objective statement is not proposed to be amended, it shall not be necessary to submit it to the legislative bodies and fiscal courts for action. If the review is not performed, any property owner in the planning unit may file suit in the circuit court. If the circuit court finds that the review has not been performed, is shall order the planning commission, or the legislative body in the case of the statement of goals and objectives element, to perform the review, and it may set a schedule or deadline of not less than nine (9) months for the completion of the review. No comprehensive plan shall be declared invalid by the circuit court unless the planning commission fails to perform the review according to the court’s schedule or deadline. The procedure set forth in this section shall be the exclusive remedy for failure to perform the review.
(3) Within thirty (30) days after its adoption, amendment, or readoption by the planning commission, a copy of each element of the comprehensive plan shall be sent to public official in adjacent cities, counties and planning units, following the procedures provided in subsection (3) of KRS 100.193.
