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100.209 Amendment of comprehensive plan prior to annexation permitted -- Land use management regulation in newly annexed or reclassified territory.

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100.209 Amendment of comprehensive plan prior to annexation permitted -- Land use management regulation in newly annexed or reclassified territory. (1) When a city which has adopted zoning or other land use regulations pursuant to this chapter proposes to annex unincorporated or accept the transfer of incorporated <br>territory, it may amend its comprehensive plan and official zoning map to <br>incorporate and establish zoning or other land use regulations for the property <br>proposed for annexation or transfer prior to adoption of the ordinance of annexation <br>or transfer. If the city elects to follow this procedure, the planning commission shall <br>hold a public hearing, after the adoption of the ordinance stating the city's intention <br>to annex or transfer property and prior to final action upon the ordinance of <br>annexation or transfer, for the purpose of adopting the comprehensive plan <br>amendment and making its recommendations as to the zoning or other land use <br>regulations which will be effective for the property upon its annexation or transfer. <br>Notice setting forth the time, date, location, and purpose of the public hearing shall <br>be published as required by KRS Chapter 424 and shall be given to the owners of <br>all properties within the area proposed for annexation or transfer and to adjoining <br>property owners in accordance with KRS 100.212(2). The city legislative body shall <br>take final action upon the planning commission's recommendations prior to <br>adoption of the ordinance of annexation or transfer and shall include in the <br>ordinance of annexation or transfer a map showing the zoning or other land use <br>regulations which will be effective for the annexed or transferred property. If the <br>city elects not to follow the procedure provided for in this section prior to the <br>adoption of the ordinance of annexation or transfer, the newly annexed or <br>transferred territory shall remain subject to the same land use restrictions, if any, as <br>applied to it prior to annexation or transfer until those restrictions are changed by <br>zoning map amendments or other regulations in accordance with this chapter. (2) When a city is created or when a city of the fifth or sixth class is reclassified to a city of the fourth class or higher in a county containing a city of the first class or a <br>consolidated local government, and the intent is to regulate land use within the <br>confines of the city, the process for adopting or amending the comprehensive plan <br>and adopting zoning or other land use regulations shall be as provided for in this <br>chapter. Until such actions have been taken, the properties within the city shall <br>remain subject to the land use restrictions, if any, as applied prior to the creation or <br>reclassification of the city. Effective: July 15, 2002 <br>History: Amended 2002 Ky. Acts ch. 346, sec. 143, effective July 15, 2002. -- Amended 1992 Ky. Acts ch. 17, sec. 6, effective February 28, 1992.-- Amended <br>1990 Ky. Acts ch. 362, sec. 4, effective July 13, 1990. -- Created 1986 Ky. Acts <br>ch. 141, sec. 18, effective July 15, 1986.