2025 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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KY Rev Stat § 100.347 (2025)
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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 and that owns real property within the same zone where the
property that is the subject of the final action is located shall appeal from the action
to the Circuit Court of the county in which the property that is the subject of the
action of the board of adjustment lies. The 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 appeal filed in the Circuit Court under this
subsection.
Any person or entity claiming to be injured or aggrieved by any final action of the
planning commission and that owns real property within the same zone where the
property that is the subject of the final action is located shall appeal from the final
action to the Circuit Court of the county in which the property that is the subject of
the commission's action lies. The appeal shall be taken within thirty (30) days after
the action of the commission. 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 appeal filed in the Circuit Court under this subsection.
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 urbancounty government, relating to a map amendment and that owns real property
within the same zone where the property that is the subject of the final action is
located shall appeal from the action to the Circuit Court of the county in which the
property that is the subject of the map amendment lies. The 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 appeal filed in the Circuit Court
under this subsection.
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: June 27, 2025
History: Amended 2025 Ky. Acts ch. 83, sec. 2, effective June 27, 2025. -- 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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