{"data":{"id":"us-ky/krs-67c.111","jurisdiction":"us-ky","citation":"KRS 67C.111","heading":"Status of cities other than those of the first class located within the","body":"territory of the consolidated local government -- Establishment of new city\nwithin consolidated local government -- Procedure -- Annexation -- Procedure\nfor petition.\n(1) All cities other than those of the first class located within the territory of the\nconsolidated local government, upon the successful passage of the question to\nconsolidate a city of the first class and its county, shall remain incorporated unless\ndissolved in accordance with KRS 81.094 and shall continue to exercise all powers\nand perform the functions permitted by the Constitution and general laws of the\nCommonwealth of Kentucky applicable to the cities of the class to which they have\nbeen assigned.\n(2) (a) After July 15, 2024, with the approval of the consolidated local government's\nlegislative council, qualified voters within the consolidated local government\nmay establish new cities within the consolidated local government pursuant to\nKRS 81.05 0 and 81.060. The proposed city must have a population of six\nthousand (6,000) or greater. This territory shall not be within any urban\nservices boundary of the consolidated local government nor shall it include\nany territory currently incorporated within any existing city. The approval of\nthe desire to establish a new city shall be in the form of a resolution by the\nconsolidated local government's legislative council. If the legislative council\ndoes not act upon the request within sixty (60) days of the receipt of the desire\nto incorporate a new city, that shall serve as notice of approval by the\nlegislative council of the incorporation of the new city.\n(b) If the petition to form a city is signed by a number of registered and qualified\nvoters residing in t he area proposed to be incorporated which is equal to at\nleast seventy-five percent (75%) of the total number of votes cast in the area\nin the last preceding presidential election, the consolidated local government's\nlegislative council shall approve the proposed incorporation.\n(c) If the petition to form a city is signed by a number of registered and qualified\nvoters residing in the area proposed to be incorporated which is less than\nseventy-five percent (75%) of the total number of votes cast in the area in the\nlast preceding presidential election, the consolidated local government's\nlegislative council may approve the proposed incorporation.\n(d) An action of the consolidated local government's legislative council approving\nan incorporation passed by the c onsolidated local government legislative\ncouncil shall not be subject to veto by the mayor of the consolidated local\ngovernment.\n(3) (a) Any proposed annexation by a city in that county shall first receive the\napproval of the legislative council of the con solidated local government prior\nto the city proceeding under the provisions of KRS Chapter 81A. The city\nshall request the approval of the consolidated legislative council by ordinance.\nFor requests filed after July 15, 2024:\n1. If the ordinance is accomp anied by a petition in favor of the proposed\nannexation signed by a number of registered and qualified voters\nresiding in the area proposed to be annexed which is equal to at least\nseventy-five percent (75%) of the total number of votes cast in the area\nin the last preceding presidential election, the consolidated local\ngovernment shall approve the proposed annexation; or\n2. If the ordinance is accompanied by written consent of the owners of\nrecord of the area to be annexed when that area is vacant or is otherwise\nunimproved land and where no persons reside, the consolidated\ngovernment legislative council shall approve the pro posed annexation.\nA city shall not annex vacant or otherwise unimproved land where no\npersons reside as set out by this subparagraph more than once every four\n(4) calendar years.\n(b) The consolidated legislative council's decision shall be made by ordinanc e\nand within sixty (60) days of the receipt of the request by the affected city. If\nan ordinance has not been enacted by the consolidated legislative council\nwithin sixty (60) days, the request for a city to proceed with an annexation\nproposal shall be dee med to be approved by the consolidated legislative\ncouncil. An ordinance approving annexation passed by the consolidated local\ngovernment legislative council shall not be subject to veto by the mayor of the\nconsolidated local government.\n(c) 1. A city in a  county containing a consolidated local government shall not\nannex commercial real estate primarily for the purpose of obtaining\noccupational license taxes, net profits, or gross receipts taxes unless\neach owner of record of property within the area to be annexed gives\nprior consent in writing to the annexation.\n2. a. As used in this paragraph, \"commercial real estate\" means any\nparcel of real estate that is:\ni. Lawfully used primarily for sales, retail, wholesale, office,\nresearch, institutional, warehouse , manufacturing, or\nindustrial purposes;\nii. Lawfully used primarily for multifamily residential purposes\ninvolving five (5) or more dwelling units; or\niii. Zoned as a business or commercial use by a planning unit\nunder the provisions of KRS Chapter 100.\nb. \"Commercial real estate\" does not include single-family residential\nunits such as condominiums, townhouses, manufactured homes, or\nhomes or lots in a subdivision when sold, or residential units\notherwise conveyed on a unit -by-unit basis, even if those un its are\npart of a larger building or parcel of real estate containing more\nthan four (4) residential units.\n(4) The adoption of a consolidated local government in a county containing a city of\nthe first class shall not prevent the merger or dissolution of any existing cities as\nprovided by law or the merger of any remaining cities with the newly consolidated\nlocal government.\n(5) A petition circulated for the incorporation of a city or for the annexation of territory\nshall conform to KRS 65.012(1). Petitioners shall have one (1) year from the date of\nthe first signature to circulate the petition. Any completed petition shall be\nsubmitted first to the county clerk, who then, upon finding the signatures in order,\nshall transmit the petition to the consolidated  local government's council for the\npurposes set out in this section.","path":["KRS Chapter 67C"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57995","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:29Z","sha256":"12a7e8a608ac920d1282a2d8e72b4dfb978e2139aab16f3a0ee2f58258cd9ea2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-67c.109","next":"us-ky/krs-67c.113"},"notice":"GroundRules: Original legal text. Not legal advice."}
