2013 Kentucky Revised Statutes CHAPTER 100 - PLANNING AND ZONING 100.209 Amendment of comprehensive plan prior to annexation permitted -- Land use management regulation in newly annexed or reclassified territory.
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100.209 Amendment of comprehensive plan prior to annexation permitted -Land use management regulation in newly annexed or reclassified
territory.
(1)
(2)
When a city which has adopted zoning or other land use regulations pursuant
to this chapter proposes to annex unincorporated or accept the transfer of
incorporated territory, it may amend its comprehensive plan and official zoning
map to incorporate and establish zoning or other land use regulations for the
property proposed for annexation or transfer prior to adoption of the ordinance
of annexation or transfer. If the city elects to follow this procedure, the planning
commission shall hold a public hearing, after the adoption of the ordinance
stating the city's intention to annex or transfer property and prior to final action
upon the ordinance of annexation or transfer, for the purpose of adopting the
comprehensive plan amendment and making its recommendations as to the
zoning or other land use regulations which will be effective for the property
upon its annexation or transfer. Notice setting forth the time, date, location, and
purpose of the public hearing shall be published as required by KRS Chapter
424 and shall be given to the owners of all properties within the area proposed
for annexation or transfer and to adjoining property owners in accordance with
KRS 100.212(2). The city legislative body shall take final action upon the
planning commission's recommendations prior to adoption of the ordinance of
annexation or transfer and shall include in the ordinance of annexation or
transfer a map showing the zoning or other land use regulations which will be
effective for the annexed or transferred property. If the city elects not to follow
the procedure provided for in this section prior to the adoption of the ordinance
of annexation or transfer, the newly annexed or transferred territory shall
remain subject to the same land use restrictions, if any, as applied to it prior to
annexation or transfer until those restrictions are changed by zoning map
amendments or other regulations in accordance with this chapter.
When a city is created or when a city of the fifth or sixth class is reclassified to
a city of the fourth class or higher in a county containing a city of the first class
or a consolidated local government, and the intent is to regulate land use within
the confines of the city, the process for adopting or amending the
comprehensive plan and adopting zoning or other land use regulations shall be
as provided for in this chapter. Until such actions have been taken, the
properties within the city shall remain subject to the land use restrictions, if any,
as applied prior to the creation or reclassification of the city.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 143, effective July 15, 2002. -Amended 1992 Ky. Acts ch. 17, sec. 6, effective February 28, 1992.-- Amended
1990 Ky. Acts ch. 362, sec. 4, effective July 13, 1990. -- Created 1986 Ky. Acts
ch. 141, sec. 18, effective July 15, 1986.
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