KRS 100.326: Definitions for section -- Retail filling stations -- Limitations on regulation

by local government.

(1) As used in this section:

(a) "Electric vehicle charging station" has the same meaning as in KRS 138.477;

and

(b) "Retail filling station" has the same meaning as in KRS 138.210.

(2) A city, county, urban -county government, charter county, or consolidated local

government shall not utilize a zoning process, or adopt or enforce an ordinance,

order, regulation, or similar measure that:

(a) Prohibits or limits a retail filling station from locating at any place within its

jurisdiction at which other businesses of similar uses or character which serve

the public may locate;

(b) Could be reasonably construed to apply discriminatory treatment to th e use or

location of retail filling stations; or

(c) Treats retail filling stations differently than electric vehicle charging stations.

(3) This section shall not prohibit a local jurisdiction identified in subsection (2) of this

section from subjecting r etail filling stations to restrictions similar to those

applicable to other businesses that:

(a) Provide siting requirements, including siting requirements involving certain

geographic areas;

(b) Do not effectively prohibit the operation of a retail filling station; and

(c) Are not preempted by state or federal law.