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 shall make provisions for the granting of variances, conditional
use permits, and for nonconforming use of land and structures, and any other
provisions which are necessary to implement the zoning regulation. The city or
county may regulate:
(a) The activity on the land, including filling or excavation of land, and the
removal of natural resources, and the use of watercourses, and other bodies of
water, as well as land subject to flooding;
(b) The size, width, height, bulk, location of structures, buildings and signs;
(c) Minimum or maximum areas or percentages of areas, courts, yards, or other
open spaces or bodies of water which are to be left unoccupied, and minimum
distance requirements between buildings or other structures;
(d) Intensity of use and density of population floor area to ground area ratios, or
other means;
(e) Districts of special interest to the proper development of the community,
including, but not limited to, exclusive use districts, historical districts,
planned business districts, planned industrial districts, renewal, rehabilitation,
and conservation districts; planned neighborhood and group housing districts;
(f) Fringe areas of each district, by imposing requirements which will make it
compatible with neighboring districts; and
(g) The activities and structures on the land at or near major thoroughfares, their
intersections, and interchanges, and transportation arteries, natural or artificial
bodies of water, public buildings and public grounds, aircraft, helicopter,
rocket and spacecraft facilities, places having unique interest or value, flood
plain areas, and other places having a special character or use affecting or
affected by their surroundings;
(2) The text may provide that the planning commission, as a condition to the granting
of any zoning change, may require the submission of a development plan, which
shall be limited to the provisions of the definition contained in KRS 100.111(8).
Where agreed upon, this development plan shall be followed. As a further condition
to the granting of a zoning change, the planning commission may require that
substantial construction be initiated within a certain period of time of not less than
one (1) year; provided that such zoning change shall not revert to its original
designation unless there has been a public hearing;
(3) A map, which shall show the boundaries of the area which is to be zoned, and the
boundaries of each zone;
(4) Text provisions to the effect that land which is used for agricultural purposes shall
have no regulations except that:
(a) Setback lines may be required for the protection of existing and proposed
streets and highways;
(b) All buildings or structures in a designated floodway or flood plain or which
tend to increase flood heights or obstruct the flow of flood waters may be fully
regulated;
(c) Mobile homes and other dwellings may be permitted but shall have
regulations imposed which are applicable, such as zoning, building, and
certificates of occupancy; and
(d) The uses set out in KRS 100.111(2)(c) may be subject to regulation as a
conditional use;
(5) The text may empower the planning commission to hear and finally decide
applications for variances or conditional use permits when a proposed development
requires a map amendment and one (1) or more variances or conditional use
permits;
(6) In any regulation adopted pursuant to subsection (5) of this section:
(a) The text shall provide that the planning commission shall assume all powers
and duties otherwise exercised by the board of adjustments pursuant to KRS
100.231, 100.233, 100.237, 100.241, 100.243, 100.247, and 100.251, in a
circumstance provided for by subsection (5) of this section; and
(b) The text shall provide that the applicant for the map amendment, at the time of
the filing of the application for the map amendment, may elect to have any
variances or conditional use permits for the same development to be heard and
finally decided by the planning commission at the same public hearing set for
the map amendment, or by the board of adjustments as otherwise provided for
in this chapter;
(7) Any judicial proceeding to appeal the planning commission action authorized by
subsection (5) of this section in granting or denying any variance or conditional use
permit shall be taken pursuant to KRS 100.347(2);
(8) In urban-county governments, in addition to any other powers permitted or required
to be exercised by this chapter, the text of the zoning regulations may provide, as a
condition to granting a map amendment, that the planning unit may:
(a) Restrict the use of the property affected to a particular use, or a particular class
of use, or a specified density within those permitted in a given zoning
category;
(b) Impose architectural or other visual requirements or restrictions upon
development in areas zoned historic; and
(c) Impose screening and buffering restrictions upon the subject property;
The text shall provide the method whereby such restrictions or conditions may be
imposed, modified, removed, amended and enforced.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 150, sec. 2, effective July 13, 2004. -- Amended
1986 Ky. Acts ch. 141, sec. 16, effective July 15, 1986; and ch. 190, sec. 1, effective
July 15, 1986. -- Amended 1974 Ky. Acts ch. 360, sec. 1. -- Created 1966 Ky. Acts
ch. 172, sec. 30.
Notes of Decisions
Nash v. Campbell Cnty. Fiscal Court, 345 S.W.3d 811 (Ky. 2011).
· cites it 26× “111(2), and KRS 100.203(4)? IV. ANALYSIS A. THE PROCEDURAL ISSUE Any authorized political subdivision that wants to adopt zoning regulations (land use) and subdivision regulations (divisions of land) must comply with Chapter 100 of the Kentucky Revised Statutes (Planning and…”
Bd. of Com'rs City of Danville v. Davis, 238 S.W.3d 132 (Ky. Ct. App. 2007).
· cites it 6× “A further reading of KRS 100.203 reveals the following: In urban-county governments, in addition to any other powers permitted or required to be exercised by this chapter, the text of the zoning regulations may provide, as a condition to granting a map amendment, that the…”
Louisville & Jefferson Cnty. Plan. Comm'n v. Schmidt, 83 S.W.3d 449 (Ky. 2001).
· cites it 6× “Dan Tarlock predicted that this provision of the new legislation, read together with KRS 100.203(l)(c) and (d), would support innovative planning methods that would either supersede traditional uniformity requirements or be held to satisfy those requirements because the statutes…”
Grannis v. Schroder, 978 S.W.2d 328 (Ky. Ct. App. 1997).
· cites it 6× “Under KRS 100.203, cities and counties may enact zoning regulations.”
Bellemeade Co. v. Priddle, 503 S.W.2d 734 (Ky. Ct. App. 1974).
· cites it 2× “” Appellees continue, “ * * * if Section 13 purports to give to the Planning Commission the power to authorize an otherwise prohibited use within a zone, then it flagrantly violates the requirement of KRS 100.203(1) that regula *740 tions be uniform within a zone.”
Hardin Cnty. v. Jost, 897 S.W.2d 592 (Ky. Ct. App. 1995).
“Nor can this ordinance be saved by application of KRS 100.203(1)(3), which authorizes districts of special interest.”
Harrison v. Park Hills Bd. of Adjustment, 330 S.W.3d 89 (Ky. Ct. App. 2011).
“Provided, however, any appeal of a planning commission action granting or denying a variance or conditional use permit authorized by KRS 100.203(5) shall be taken pursuant to this subsection.”
Greenway Enter., Inc. v. City of Frankfort, 148 S.W.3d 298 (Ky. Ct. App. 2004).
“KRS 100.203(2) allows a zoning ordinance to require submission to and approval by the planning commission of a development plan which is defined by KRS 100.”
21st Century Dev. Co., LLC v. Watts, 958 S.W.2d 25 (Ky. Ct. App. 1997).
“213, or if the plan is out of touch with reality, KRS 100.213(1)(a) & (b), and there is a compelling need for the proposed change.”
McCollum v. City of Berea, 53 S.W.3d 106 (Ky. Ct. App. 2000).
“According to KRS 100.203(4)(c), restrictions on land which is to be used for agricultural purposes are limited and mobile homes may be permitted, but "shall have regulations imposed which are applicable, such as zoning.”
City of Louisville Bd. of Zoning Adjustment v. Gailor, 920 S.W.2d 887 (Ky. Ct. App. 1996).
“Land use regulations in Chapter 100 of the Kentucky Revised Statutes distinguish between zoning regulations (KRS 100.203), which regulates the uses of land, and subdivision regulations (KRS *889 100.”
— Ky. Rev. Stat. § 100.203(1) — 4 cases
Bellemeade Co. v. Priddle, 503 S.W.2d 734 (Ky. Ct. App. 1974).
“” Appellees continue, “ * * * if Section 13 purports to give to the Planning Commission the power to authorize an otherwise prohibited use within a zone, then it flagrantly violates the requirement of KRS 100.203(1) that regula *740 tions be uniform within a zone.”
— Ky. Rev. Stat. § 100.203(1)(3) — 1 case
Hardin Cnty. v. Jost, 897 S.W.2d 592 (Ky. Ct. App. 1995).
“Nor can this ordinance be saved by application of KRS 100.203(1)(3), which authorizes districts of special interest.”
— Ky. Rev. Stat. § 100.203(1)(e) — 4 cases
Bellemeade Co. v. Priddle, 503 S.W.2d 734 (Ky. Ct. App. 1974).
“” Appellees continue, “ * * * if Section 13 purports to give to the Planning Commission the power to authorize an otherwise prohibited use within a zone, then it flagrantly violates the requirement of KRS 100.203(1) that regula *740 tions be uniform within a zone.”
— Ky. Rev. Stat. § 100.203(2) — 5 cases
Bd. of Com'rs City of Danville v. Davis, 238 S.W.3d 132 (Ky. Ct. App. 2007).
“A further reading of KRS 100.203 reveals the following: In urban-county governments, in addition to any other powers permitted or required to be exercised by this chapter, the text of the zoning regulations may provide, as a condition to granting a map amendment, that the…”
Greenway Enter., Inc. v. City of Frankfort, 148 S.W.3d 298 (Ky. Ct. App. 2004).
“KRS 100.203(2) allows a zoning ordinance to require submission to and approval by the planning commission of a development plan which is defined by KRS 100.”
— Ky. Rev. Stat. § 100.203(3) — 1 case
— Ky. Rev. Stat. § 100.203(4) — 6 cases
Nash v. Campbell Cnty. Fiscal Court, 345 S.W.3d 811 (Ky. 2011).
“111(2), and KRS 100.203(4)? IV. ANALYSIS A. THE PROCEDURAL ISSUE Any authorized political subdivision that wants to adopt zoning regulations (land use) and subdivision regulations (divisions of land) must comply with Chapter 100 of the Kentucky Revised Statutes (Planning and…”
Grannis v. Schroder, 978 S.W.2d 328 (Ky. Ct. App. 1997).
“Under KRS 100.203, cities and counties may enact zoning regulations.”
21st Century Dev. Co., LLC v. Watts, 958 S.W.2d 25 (Ky. Ct. App. 1997).
“213, or if the plan is out of touch with reality, KRS 100.213(1)(a) & (b), and there is a compelling need for the proposed change.”
— Ky. Rev. Stat. § 100.203(4)(c) — 1 case
McCollum v. City of Berea, 53 S.W.3d 106 (Ky. Ct. App. 2000).
“According to KRS 100.203(4)(c), restrictions on land which is to be used for agricultural purposes are limited and mobile homes may be permitted, but "shall have regulations imposed which are applicable, such as zoning.”
— Ky. Rev. Stat. § 100.203(5) — 6 cases
Harrison v. Park Hills Bd. of Adjustment, 330 S.W.3d 89 (Ky. Ct. App. 2011).
“Provided, however, any appeal of a planning commission action granting or denying a variance or conditional use permit authorized by KRS 100.203(5) shall be taken pursuant to this subsection.”
— Ky. Rev. Stat. § 100.203(8) — 1 case
Bd. of Com'rs City of Danville v. Davis, 238 S.W.3d 132 (Ky. Ct. App. 2007).
“A further reading of KRS 100.203 reveals the following: In urban-county governments, in addition to any other powers permitted or required to be exercised by this chapter, the text of the zoning regulations may provide, as a condition to granting a map amendment, that the…”
— Ky. Rev. Stat. § 100.203(A) — 1 case
Bd. of Com'rs City of Danville v. Davis, 238 S.W.3d 132 (Ky. Ct. App. 2007).
“A further reading of KRS 100.203 reveals the following: In urban-county governments, in addition to any other powers permitted or required to be exercised by this chapter, the text of the zoning regulations may provide, as a condition to granting a map amendment, that the…”
— Ky. Rev. Stat. § 100.203(l)(c) — 1 case
Louisville & Jefferson Cnty. Plan. Comm'n v. Schmidt, 83 S.W.3d 449 (Ky. 2001).
“Dan Tarlock predicted that this provision of the new legislation, read together with KRS 100.203(l)(c) and (d), would support innovative planning methods that would either supersede traditional uniformity requirements or be held to satisfy those requirements because the statutes…”
— Ky. Rev. Stat. § 100.203(l)(e) — 1 case
Louisville & Jefferson Cnty. Plan. Comm'n v. Schmidt, 83 S.W.3d 449 (Ky. 2001).
“Dan Tarlock predicted that this provision of the new legislation, read together with KRS 100.203(l)(c) and (d), would support innovative planning methods that would either supersede traditional uniformity requirements or be held to satisfy those requirements because the statutes…”
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