100.201 Interim and permanent land use regulations authorized -- Designation and

512 words·~2 min read·/ky/100-201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

regulation of urban residential zones.

(1)Except as provided in subsection

(3)of KRS 100.137, when the planning

commission and legislative bodies have adopted the statement of goals and

objectives, and the planning commission has additionally adopted at least the land

use element for the planning unit, the various legislative bodies and fiscal courts of

the cities and counties, which are members of the unit, may enact interim zoning or

other kinds of growth management regulations which shall have force and effect

within their respective jurisdictions for a period not to exceed twelve

(12)months,

during which time the planning commission shall complete the remaining elements

of the comprehensive plan as prescribed by KRS 100.187. Interim regulations shall

become void upon the enactment of permanent regulations as provided in

subsection

(2)of this section, or after twelve

(12)consecutive months from the date

such interim regulations are enacted, whichever occurs first.

(2)When all required elements of the comprehensive plan have been adopted in

accordance with the provisions of this chapter, then the legislative bodies and fiscal

courts within the planning unit may enact permanent land use regulations, including

zoning and other kinds of growth management regulations to promote public health,

safety, morals, and general welfare of the planning unit, to facilitate orderly and

harmonious development and the visual or historical character of the unit, and to

regulate the density of population and intensity of land use in order to provide for

adequate light and air. In addition, land use and zoning regulations may be

employed to provide for vehicle parking and loading space, as well as to facilitate

fire and police protection, and to prevent the overcrowding of land, blight, danger,

and congestion in the circulation of people and commodities, and the loss of life,

health, or property from fire, flood, or other dangers. Land use and zoning

regulations may also be employed to protect airports, highways, and other

transportation facilities, public facilities, schools, public grounds, historical

districts, central business districts, prime agricultural land, and other natural

resources; to regulate the use of sludge from water and wastewater treatment

facilities in projects to improve soil quality; and to protect other specific areas of the

planning unit which need special protection by the planning unit.

(3)Land use and zoning regulations may include the designation of specifically defined

areas to be known as urban residential zones, in which:

(a)The majority of the structures were in use prior to November 22, 1926; and

(b)1. The entire area embodies the distinctive characteristics of a type, period,

or method of construction; or

2. The entire area represents a significant and distinguishable entity whose

components may lack individual distinction.

The usage of structures within an urban residential zone may be regulated on a

structure-by-structure basis, permitting a mixture of uses in the zone, including

single-family and multifamily residential, retail, and service establishments, which

stabilizes and protects the urban residential character of the area. The regulation of

the usage of any structure shall be guided by the architecture, size, or traditional use of the building.