{"data":{"id":"us-ky/krs-100.3681","jurisdiction":"us-ky","citation":"KRS 100.3681","heading":"Filing of certificate of land use restrictions required -- Contents --","body":"Amendments -- Effect of failure to file or file properly.\n(1) Effective October 1, 1988, the county clerk of every county containing a planning\nunit which has enacted land use reg ulations pursuant to this chapter shall, upon\nreceipt of a recording fee pursuant to KRS 64.012, file and maintain among the\nofficial records of his office certificates of land use restriction completed according\nto this section and KRS 100.3682 to 100.368 4. The certificates shall be in the form\ndesignated in KRS 100.3683; shall be completed and filed by the secretary of the\nplanning commission, board of adjustment, legislative body, or fiscal court which\nfinally adopts or imposes the land use restriction d escribed in the certificate; and\nshall be filed within thirty (30) days of the date upon which the body takes final\naction to impose or adopt the restriction. The certificate shall set forth the name and\naddress of the property owner; the address of the pr operty; the name of the\nsubdivision or development, if there is one; the name and address of the body which\nmaintains the original records containing the restriction; and shall indicate the type\nof land use restriction adopted or imposed upon the subject p roperty on or after\nOctober 1, 1988, including variances, conditional use permits, conditional zoning\nconditions, unrecorded preliminary subdivision plats, and development plans; but\nnot including zoning map amendments which impose no limitations or restri ctions\nupon the use of the subject property other than those generally applicable to\nproperties within the same zone and not including any recorded subdivision plat.\nThe county clerk shall index the certificates by property owner and, if applicable,\nname of subdivision or development. The county clerk shall maintain in his office a\nrecord of the name and address of the agency having custody of the official zoning\nmap for each planning unit within the county. All zoning map amendments shall be\nreflected on the official zoning map within thirty (30) days of the date upon which\nfinal action approving the amendments is taken by the planning unit.\n(2) The planning unit shall collect the county clerk's filing fee for the certificate from\nthe applicant at the time any proceeding is initiated which may result in the\nimposition, adoption, amendment, or release of any land use restriction provided for\nin this chapter; and the planning unit may also charge the applicant a fee for the\nreasonable cost of completing and filing the certificate, not to exceed ten dollars and\nfifty cents ($10.50), in addition to any other applicable filing or administrative fee,\nto compensate the planning unit for completing and filing the certificate. The fees\npermitted by this subsection sha ll be refunded to the applicant in the event no land\nuse restriction is imposed or adopted as a result of the proceeding.\n(3) When a restriction reflected on the certificate is amended, a new certificate shall be\nfiled. In the case of such amendment or in the event the original restriction is\nreleased, the previous certificate shall be released by the secretary of the body which\namended or released the restriction in the same manner as releases of encumbrances\nupon real estate.\n(4) The failure to file, to f ile on time, or to complete the certificate properly or\naccurately shall not affect the validity or enforceability of any land use restriction or\nregulation. Any improper filing may be cured by a subsequent proper filing.\nNothing herein shall affect the running of time for any appeal or other act for which\na time limit is prescribed by this chapter.","path":["KRS Chapter 100"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=26808","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:05Z","sha256":"e468d54980774b1c8f8d04785b931d30036bc48280f7968f1daa853baad8c322","source_id":"us-ky","stale":false,"prev":"us-ky/krs-100.367","next":"us-ky/krs-100.3682"},"notice":"GroundRules: Original legal text. Not legal advice."}