2019 Kentucky Revised Statutes Chapter 100 - Planning and zoning 100.347 Appeal from board of adjustment, planning commission, or legislative body action -- Final action defined.
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100.347 Appeal from board of adjustment, planning commission, or legislative
body action -- Final action defined.
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Any person or entity claiming to be injured or aggrieved by any final action of the
board of adjustment shall appeal from the action to the Circuit Court of the county
in which the property, which is the subject of the action of the board of adjustment,
lies. Such appeal shall be taken within thirty (30) days after the final action of the
board. All final actions which have not been appealed within thirty (30) days shall
not be subject to judicial review. The board of adjustment shall be a party in any
such appeal filed in the Circuit Court.
Any person or entity claiming to be injured or aggrieved by any final action of the
planning commission shall appeal from the final action to the Circuit Court of the
county in which the property, which is the subject of the commission's action, lies.
Such appeal shall be taken within thirty (30) days after such action. Such action
shall not include the commission's recommendations made to other governmental
bodies. All final actions which have not been appealed within thirty (30) days shall
not be subject to judicial review. 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. In such
case, the thirty (30) day period for taking an appeal begins to run at the time the
legislative body grants or denies the map amendment for the same development.
The planning commission shall be a party in any such appeal filed in the Circuit
Court.
Any person or entity claiming to be injured or aggrieved by any final action of the
legislative body of any city, county, consolidated local government, or urban-county
government, relating to a map amendment shall appeal from the action to the
Circuit Court of the county in which the property, which is the subject of the map
amendment, lies. Such appeal shall be taken within thirty (30) days after the final
action of the legislative body. All final actions which have not been appealed within
thirty (30) days shall not be subject to judicial review. The legislative body shall be
a party in any such appeal filed in the Circuit Court.
The owner of the subject property and applicants who initiated the proceeding shall
be made parties to the appeal. Other persons speaking at the public hearing are not
required to be made parties to such appeal.
For purposes of this chapter, final action shall be deemed to have occurred on the
calendar date when the vote is taken to approve or disapprove the matter pending
before the body.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 153, effective July 15, 2002. -Amended 1988 Ky. Acts ch. 144, sec. 8, effective July 15, 1988. -- Amended 1986
Ky. Acts ch. 141, sec. 39, effective July 15, 1986. -- Created 1966 Ky. Acts ch. 172,
sec. 82.
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