Kentucky Revised Statutes

Ky. Rev. Stat. § 100.201 (2026)

Interim and permanent land use regulations authorized -- Designation and

✓ current as of May 2026

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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 element for the planning unit, the various legislative bodies and fiscal courts of the cities and counties, which are members of the unit, may enact interim zoning or other kinds of growth management regulations which shall have force and effect within their respective jurisdictions for a period not to exceed twelve (12) months, during which time the planning commission shall complete the remaining elements of the comprehensive plan as prescribed by KRS 100.187. Interim regulations shall become void upon the enactment of permanent regulations as provided in subsection (2) of this section, or after twelve (12) consecutive months from the date such interim regulations are enacted, whichever occurs first. (2) When all required elements of the comprehensive plan have been adopted in accordance with the provisions of this chapter, then the legislative bodies and fiscal courts within the planning unit may enact permanent land use regulations, including zoning and other kinds of growth management regulations to promote public health, safety, morals, and general welfare of the planning unit, to facilitate orderly and harmonious development and the visual or historical character of the unit, and to regulate the density of population and intensity of land use in order to provide for adequate light and air. In addition, land use and zoning regulations may be employed to provide for vehicle parking and loading space, as well as to facilitate fire and police protection, and to prevent the overcrowding of land, blight, danger, and congestion in the circulation of people and commodities, and the loss of life, health, or property from fire, flood, or other dangers. Land use and zoning regulations may also be employed to protect airports, highways, and other transportation facilities, public facilities, schools, public grounds, historical districts, central business districts, prime agricultural land, and other natural resources; to regulate the use of sludge from water and wastewater treatment facilities in projects to improve soil quality; and to protect other specific areas of the planning unit which need special protection by the planning unit. (3) Land use and zoning regulations may include the designation of specifically defined areas to be known as urban residential zones, in which: (a) The majority of the structures were in use prior to November 22, 1926; and (b) 1. The entire area embodies the distinctive characteristics of a type, period, or method of construction; or 2. The entire area represents a significant and distinguishable entity whose components may lack individual distinction. The usage of structures within an urban residential zone may be regulated on a structure-by-structure basis, permitting a mixture of uses in the zone, including single-family and multifamily residential, retail, and service establishments, which stabilizes and protects the urban residential character of the area. The regulation of the usage of any structure shall be guided by the architecture, size, or traditional use of the building. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 139, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 370, sec. 1, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 353, sec. 2, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 28, sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 141, sec. 15, effective July 15, 1986. -- Amended 1980 Ky. Acts ch. 188, sec. 96, effective July 15, 1980. -- Created 1966 Ky. Acts ch. 172, sec. 29.

Notes of Decisions

Cited in 19 cases (2 in the last 5 years), 1977–2026 · leading case: Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Plan. Agency, 535 U.S. 302 (2002).

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Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Plan. Agency, 535 U.S. 302 (2002). · cites it 2× “§ 30-28-121 (2001) (six months); Ky. Rev. Stat. Ann. § 100.201 (2001) (one year); Mich.”

Nash v. Campbell Cnty. Fiscal Court, 345 S.W.3d 811 (Ky. 2011). · cites it 4× “[22] KRS 100.201, 100.203, and 100.207, which are enabling statutes for cities, counties, and urban-county and metro governments to consider and adopt land use regulations (zoning regulations), specifically exempt parcels used for agricultural purposes.”

Daviess Cnty. v. Snyder, 556 S.W.2d 688 (Ky. 1977). · cites it 5× “197), whereas the function of zoning remains with the governing bodies of the respective cities and counties that are members of the planning unit (KRS 100.201). It is the duty of the planning commission to prepare and adopt a comprehensive plan for the orderly development of…”

Bellefonte Land, Inc. v. Bellefonte, 864 S.W.2d 315 (Ky. Ct. App. 1993). · cites it 4× “187(3), and KRS 100.201). Turning to the motion to dismiss, we must ask whether the complaint fails to state a claim for relief.”

Fritz v. Lexington-Fayette Urban Cnty. Gov't, 986 S.W.2d 456 (Ky. Ct. App. 1998). · cites it 4× “213 provides that before a zone change request is granted, (map amendment), the planning commission or respective legislative body must find either that the request is in agreement with the comprehensive plan or that the existing zoning classification is inappropriate and that…”

City of Lakeside Park v. Quinn, 672 S.W.2d 666 (Ky. 1984). · cites it 3× “KRS 100.201, the next statute, authorizes cities to zone if the planning unit of which the city is a member has adopted the “objectives and the land use plan elements.”

Louisville & Jefferson Cnty. Plan. Comm'n v. Schmidt, 83 S.W.3d 449 (Ky. 2001). · cites it 2× “*450 The Legislature has granted Jefferson County Fiscal Court the power to enact zoning regulations, KRS 100.201 et seq.. However, this legislative grant of power comes with certain limits and restrictions, both as to what may be done and as to how it may be done.”

Warren Cnty. Citizens v. Bd. of Commissioners, 207 S.W.3d 7 (Ky. Ct. App. 2006). “By nature, a comprehensive plan speaks to future development even though it takes into consideration the current land uses.”

Peter Garrett Gunsmith, Inc. v. City of Dayton, 98 S.W.3d 517 (Ky. Ct. App. 2002). “Rather, the legislature made a specific grant of that power in KRS 100.201. Therefore, a city’s power to enact zoning regulations is only limited to the extent legislation specifically prohibits it, to the extent it will conflict with a statute or constitutional provision, to…”

Hardin Cnty. v. Jost, 897 S.W.2d 592 (Ky. Ct. App. 1995). “On January 9, 1984 and pursuant to KRS 100.201, et seq., the Hardin Fiscal Court adopted a zoning ordinance for land use regulation in the unincorporated areas of Hardin County.”

Greenway Enter., Inc. v. City of Frankfort, 148 S.W.3d 298 (Ky. Ct. App. 2004). “*301 The City of Frankfort is authorized by KRS 100.201 to adopt zoning and land use regulations, provided it creates a planning commission and adopts a comprehensive plan.”

Hume v. Franklin Cnty. Fiscal Court, 276 S.W.3d 748 (Ky. 2009). · cites it 3× “” KRS 100.201, 100.203, and 100.207 authorize cities, counties, and urban-county governments, to consider and adopt land use regulations (zoning).”

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— Ky. Rev. Stat. § 100.201(2) — 2 cases

Hume v. Franklin Cnty. Fiscal Court, 276 S.W.3d 748 (Ky. 2009). “” KRS 100.201, 100.203, and 100.207 authorize cities, counties, and urban-county governments, to consider and adopt land use regulations (zoning).”

Clover Creek Solar Proj., LLC D/B/A New Frontiers Solar Park v. Breckinridge Cnty. Fiscal Court (Ky. Ct. App. 2026).

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