KRS 100.209: Amendment of comprehensive plan prior to annexation permitted -- Land

use management regulation in newly annexed or reclassified territory.

(1) When a city which has adopted zoning or other land use regulations pursuant to this

chapter proposes to a nnex 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 prio r 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 ann exation 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 a nd 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 o rdinance 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 sha ll 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.