(1) 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.
(2) When a city is created or when a city that does not regulate land use within the confines of the city equals or exceeds a population of three thousand (3,000) based upon the most recent federal decennial census in a county containing a consolidated local government, and that city intends 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 city’s creation or the city’s exceeding of the population threshold set out in this subsection.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 192, effective January 1, 2015. — 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.