100.326 Definitions for section -- Retail filling stations -- Limitations on regulation

190 words·~1 min read·/ky/100-326

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

by local government.

(1)As used in this section:

(a)"Electric vehicle charging station" has the same meaning as in KRS 138.477;

and

(b)"Retail filling station" has the same meaning as in KRS 138.210.

(2)A city, county, urban-county government, charter county, or consolidated local

government shall not utilize a zoning process, or adopt or enforce an ordinance,

order, regulation, or similar measure that:

(a)Prohibits or limits a retail filling station from locating at any place within its

jurisdiction at which other businesses of similar uses or character which serve

the public may locate;

(b)Could be reasonably construed to apply discriminatory treatment to the use or

location of retail filling stations; or

(c)Treats retail filling stations differently than electric vehicle charging stations.

(3)This section shall not prohibit a local jurisdiction identified in subsection

(2)of this

section from subjecting retail filling stations to restrictions similar to those

applicable to other businesses that:

(a)Provide siting requirements, including siting requirements involving certain

geographic areas;

(b)Do not effectively prohibit the operation of a retail filling station; and

(c)Are not preempted by state or federal law.