{"data":{"id":"us-ky/krs-99.050","jurisdiction":"us-ky","citation":"KRS 99.050","heading":"Conditions of approval of plan by planning commission.","body":"(1) A planning commission may approve a development plan, but no certificate of\napproval thereof shall be issued by it unless and until an application for approval\nhas been filed with it, together with the development plan, and unless and until,\nafter a public  hearing before it, notice of which hearing giving the time, place and\npurpose of the hearing shall be given by publication pursuant to KRS Chapter 424,\nand by one or more handbills posted up in the area sought to be redeveloped giving\nthe time, place and purpose of the hearing, the planning commission finds:\n(a) That the area within which the development area is included is substandard or\ninsanitary and that the redevelopment of the development area in accordance\nwith the development plan is necessary or a dvisable to effectuate the public\npurposes declared in KRS 99.020;\n(b) That the development plan is in accord with the master plan, or city map, if\nany, of the city;\n(c) That the development area is of sufficient size to allow its redevelopment in\nan efficient and economically satisfactory manner;\n(d) That the various stages, if any, by which the development is proposed to be\nconstructed or undertaken, as stated in the development plan, are practicable\nand in the public interest;\n(e) That public facilities,  including, but not limited to school, fire, police,\ntransportation, park, playground and recreation, are presently adequate, or will\nbe adequate, at the time that the development is ready for use, to service the\ndevelopment area;\n(f) That the proposed changes, if any, in zoning ordinances or maps and in streets\nand street levels, or any proposed street closing, are necessary or desirable for\nthe development and its protection against blighting influences and for the city\nas a whole; and\n(g) Upon the data submitted by or on behalf of the redevelopment corporation, or\nupon data otherwise available to the planning commission, that the carrying\ninto effect of the development plan will not cause undue hardship to the\nfamilies, if any, occupying dwelling accommodations in the development area\nto such a degree as to outweigh the public purpose defined in KRS 99.020.\n(2) Any such findings shall be conclusive evidence of the facts so determined except\nupon proof of fraud or willful misfeasance. In arriving at such de termination, the\nplanning commission shall consider only those elements of the development plan\nrelevant to such determination under paragraphs (a) through (g) of subsection (1) of\nthis section and to the type of development which is physically desirable f or the\ndevelopment area concerned from a city planning viewpoint, and from a\nneighborhood unit viewpoint if the development plan provides that the development\narea is to be primarily residential. Upon approval of a development plan by the\nplanning commission, it shall forthwith issue a certificate of approval thereof.\n(3) Such planning commission may state general standards of city and neighborhood\nunit planning to which a development plan should conform to be approved by it.\nSuch standards, however, shall be as flexible as possible and only for the guidance\nof prospective proponents of development plans. Variations therefrom shall be\nfreely allowed upon a showing of their advisability, to the end that individual\ninitiative be encouraged.","path":["KRS Chapter 99"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=26505","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:01Z","sha256":"af9d8c30afe489c549188c9648fb1c7e1e09c65b53d6545e3b82c596cabbd58b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-99.040","next":"us-ky/krs-99.060"},"notice":"GroundRules: Original legal text. Not legal advice."}