{"data":{"id":"us-ky/krs-100.211","jurisdiction":"us-ky","citation":"KRS 100.211","heading":"Procedure for amending zoning map and text of regulation -- Notice --","body":"Hearing -- Time limit for final action.\n(1) For the purposes of this section, \"administratively complete\" means that a proposal\nfor a zoning map amendment is accurate and complete by meeting all the applicable\nrequirements of this chapter and any other applicable administrative regulatory\nrequirements or approvals formally required by the local legislative body or\napplicable state law.\n(2) (a) A proposal for a zoning map amendment ma y originate with the planning\ncommission of the unit, with any fiscal court or legislative body which is a\nmember of the unit, or with an owner of the property in question.\n(b) The proposed amendment shall be referred to the planning commission before\nadoption. The planning commission shall:\n1. Hold at least one (1) public hearing after notice as required by this\nchapter; and\n2. Make findings of fact and a recommendation of approval or disapproval\nof the proposed map amendment to the various legislative bo dies or\nfiscal courts involved.\n(c) 1. The planning commission shall make its recommendation within sixty\n(60) days of the date of the receipt of the administratively complete\nproposed amendment.\n2. The originator of the proposed map amendment may waive the sixty\n(60) day requirement for the recommendation.\n3. If the planning commission fails to make a recommendation upon the\nproposal within sixty (60) days of its receipt of the administratively\ncomplete proposed amendment and the time has not been waived  by the\noriginator, the application shall be forwarded to the fiscal court or\nlegislative body without a recommendation of approval or disapproval.\n(d) Notwithstanding the provisions of paragraph (c) of this subsection:\n1. The planning commission of a cons olidated local government shall\nmake its recommendation within one hundred twenty (120) days of the\ndate of the receipt of the administratively complete proposed\namendment;\n2. The originator of the proposed map amendment may waive the one\nhundred twenty (120) day requirement for the recommendation; and\n3. If the planning commission of a consolidated local government fails to\nmake a recommendation upon the proposal within one hundred twenty\n(120) days of its receipt of the administratively com plete proposed\namendment, and the time has not been waived by the originator, the\napplication shall be forwarded to the legislative body of the consolidated\nlocal government without a recommendation of approval or disapproval.\n(e) Notwithstanding the provisions of paragraph (c) of this subsection:\n1. The legislative body of the jurisdiction that created the planning\ncommission may, via ordinance, extend the provisions of paragraph (c)\nof this subsection to either ninety (90) or one hundred twenty (120) days;\nor\n2. The legislative bodies which are members of a joint planning\ncommission may, via ordinances passed separately, extend the\nprovisions of paragraph (c) of this subsection to either ninety (90) or one\nhundred twenty (120) days.\n(f) The findings of fac t and recommendation shall include a summary of the\nevidence and testimony presented by the proponents and opponents of the\nproposed amendment.\n(g) A tie vote shall be subject to further consideration by the planning\ncommission for a period not to exceed thirty (30) days, at the end of which, if\nthe tie has not been broken, the application shall be forwarded to the fiscal\ncourt or legislative body without a recommendation of approval or\ndisapproval.\n(h) It shall take a majority of the entire legislative b ody or fiscal court to override\nthe recommendation of the planning commission and it shall take a majority\nof the entire legislative body or fiscal court to adopt a zoning map amendment\nwhenever the planning commission forwards the application to the fiscal court\nor legislative body without a recommendation of approval or disapproval due\nto a tie vote.\n(i) Unless a majority of the entire legislative body or fiscal court votes to override\nthe planning commission's recommendation, such recommendation shall\nbecome final and effective and if a recommendation of approval was made by\nthe planning commission, the ordinance of the fiscal court or legislative body\nadopting the zoning map amendment shall be deemed to have passed by\noperation of law.\n(3) A proposal to amend the text of any zoning regulation which must be voted upon by\nthe legislative body or fiscal court may originate with the planning commission of\nthe unit or with any fiscal court or legislative body which is a member of the unit.\nRegardless of the o rigin of the proposed amendment, it shall be referred to the\nplanning commission before adoption. The planning commission shall hold at least\none (1) public hearing after notice as required by KRS Chapter 424 and make a\nrecommendation as to the text of the  amendment and whether the amendment shall\nbe approved or disapproved and shall state the reasons for its recommendation. In\nthe case of a proposed amendment originating with a legislative body or fiscal court,\nthe planning commission shall make its recomm endation within sixty (60) days of\nthe date of its receipt of the proposed amendment. It shall take an affirmative vote\nof a majority of the fiscal court or legislative body to adopt the proposed\namendment.\n(4) Procedures prescribed in KRS 100.207 applicab le to the publication of notice also\nshall apply to any proposed amendment to a zoning regulation text or map; provided\nthat:\n(a) Any published notice shall include the street address of the property in\nquestion, or if one is not available or practicable d ue to the number of\naddresses involved, a geographic description sufficient to locate and identify\nthe property, and the names of two (2) streets on either side of the property\nwhich intersect the street on which the property is located; and\n(b) When the property in question is located at the intersection of two (2) streets,\nthe notice shall designate the intersection by name of both streets rather than\nname the two (2) streets on either side of the property.\n(5) When a property owner proposes to amend the zoning map of any planning unit\nother than a planning unit containing a city of the first class or a consolidated local\ngovernment, the provisions of KRS 100.212 shall apply in addition to the\nrequirements and procedures prescribed in subsection (4) of this section.\n(6) When a property owner proposes to amend the zoning map of any planning unit\ncomprising any portion of a county containing a city of the first class or a\nconsolidated local government, the provisions of KRS 100.214 shall apply in\naddition to the requirements and procedures prescribed in subsection (4) of this\nsection.\n(7) In addition to the public notice requirements prescribed in subsection (4) of this\nsection, when the planning commission, fiscal court, or legislative body of any\nplanning unit originates a proposal to amend the zoning map of that unit, notice of\nthe public hearing before the planning commission, fiscal court, or legislative body\nshall be given at least thirty (30) days in advance of the hearing by first-class mail to\nan owner of every parcel of property the classification of which is proposed to be\nchanged. Records by the property valuation administrator may be relied upon to\ndetermine the identity and address of said owner.\n(8) The fiscal court or legislative body shall take final action upon a proposed zoning\nmap amendment within ninety (90) days of the date upon which the planning\ncommission takes its final action upon such proposal.","path":["KRS Chapter 100"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=42977","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:04Z","sha256":"470a9a4bf05d8dc676846ff1cb630348607570ac5e458e084580317d61ccc0a1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-100.2101","next":"us-ky/krs-100.2111"},"notice":"GroundRules: Original legal text. Not legal advice."}