2013 Kentucky Revised Statutes CHAPTER 100 - PLANNING AND ZONING 100.3681 Filing of certificate of land use restrictions required -- Contents -- Amendments -- Effect of failure to file or file properly.
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100.3681 Filing of certificate of land use restrictions required -- Contents -Amendments -- Effect of failure to file or file properly.
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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 and maintain
among the official records of his office certificates of land use restriction
completed according to this section and KRS 100.3682 to 100.3684. The
certificates shall be in the form designated in KRS 100.3683; shall be
completed and filed by the secretary of the planning commission, board of
adjustment, legislative body, or fiscal court which finally adopts or imposes the
land use restriction described in the certificate; and shall be filed within thirty
(30) days of the date upon which the body takes final action to impose or adopt
the restriction. The certificate shall set forth the name and address of the
property owner; the address of the property; the name of the subdivision or
development, if there is one; the name and address of the body which
maintains the original records containing the restriction; and shall indicate the
type of land use restriction adopted or imposed upon the subject property on or
after October 1, 1988, including variances, conditional use permits, conditional
zoning conditions, unrecorded preliminary subdivision plats, and development
plans; but not including zoning map amendments which impose no limitations
or restrictions upon the use of the subject property other than those generally
applicable to properties within the same zone and not including any recorded
subdivision plat. The county clerk shall index the certificates by property owner
and, if applicable, name of subdivision or development. The county clerk shall
maintain in his office a record of the name and address of the agency having
custody of the official zoning map for each planning unit within the county. All
zoning map amendments shall be reflected on the official zoning map within
thirty (30) days of the date upon which final action approving the amendments
is taken by the planning unit.
The planning unit shall collect the county clerk's filing fee for the certificate from
the applicant at the time any proceeding is initiated which may result in the
imposition, adoption, amendment, or release of any land use restriction
provided for in this chapter; and the planning unit may also charge the
applicant a fee for the reasonable cost of completing and filing the certificate,
not to exceed ten dollars and fifty cents ($10.50), in addition to any other
applicable filing or administrative fee, to compensate the planning unit for
completing and filing the certificate. The fees permitted by this subsection shall
be refunded to the applicant in the event no land use restriction is imposed or
adopted as a result of the proceeding.
When a restriction reflected on the certificate is amended, a new certificate
shall be filed. In the case of such amendment or in the event the original
restriction is released, the previous certificate shall be released by the
secretary of the body which amended or released the restriction in the same
manner as releases of encumbrances upon real estate.
The failure to file, to file on time, or to complete the certificate properly or
accurately shall not affect the validity or enforceability of any land use
restriction or regulation. Any improper filing may be cured by a subsequent
proper filing. Nothing herein shall affect the running of time for any appeal or
other act for which a time limit is prescribed by this chapter.
Effective:January 1, 2007
History: Amended 2006 Ky. Acts ch. 255, sec. 15, effective January 1, 2007. -Amended 1990 Ky. Acts ch. 362, sec. 6, effective July 13, 1990. -- Created 1988
Ky. Acts ch. 30, sec. 1, effective July 15, 1988.
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