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100.3681 Filing of certificate of land use restrictions required -- Contents -- Amendments -- Effect of failure to file or file properly.

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100.3681 Filing of certificate of land use restrictions required -- Contents -- Amendments -- Effect of failure to file or file properly. (1) Effective October 1, 1988, the county clerk of every county containing a planning unit which has enacted land use regulations pursuant to this chapter shall, upon <br>receipt of a recording fee pursuant to KRS 64.012, file and maintain among the <br>official records of his office certificates of land use restriction completed according <br>to this section and KRS 100.3682 to 100.3684. The certificates shall be in the form <br>designated in KRS 100.3683; shall be completed and filed by the secretary of the <br>planning commission, board of adjustment, legislative body, or fiscal court which <br>finally adopts or imposes the land use restriction described in the certificate; and <br>shall be filed within thirty (30) days of the date upon which the body takes final <br>action to impose or adopt the restriction. The certificate shall set forth the name and <br>address of the property owner; the address of the property; the name of the <br>subdivision or development, if there is one; the name and address of the body which <br>maintains the original records containing the restriction; and shall indicate the type <br>of land use restriction adopted or imposed upon the subject property on or after <br>October 1, 1988, including variances, conditional use permits, conditional zoning <br>conditions, unrecorded preliminary subdivision plats, and development plans; but <br>not including zoning map amendments which impose no limitations or restrictions <br>upon the use of the subject property other than those generally applicable to <br>properties within the same zone and not including any recorded subdivision plat. <br>The county clerk shall index the certificates by property owner and, if applicable, <br>name of subdivision or development. The county clerk shall maintain in his office a <br>record of the name and address of the agency having custody of the official zoning <br>map for each planning unit within the county. All zoning map amendments shall be <br>reflected on the official zoning map within thirty (30) days of the date upon which <br>final action approving the amendments is taken by the planning unit. (2) The planning unit shall collect the county clerk's filing fee for the certificate from the applicant at the time any proceeding is initiated which may result in the <br>imposition, adoption, amendment, or release of any land use restriction provided for <br>in this chapter; and the planning unit may also charge the applicant a fee for the <br>reasonable cost of completing and filing the certificate, not to exceed ten dollars and <br>fifty cents (&#36;10.50), in addition to any other applicable filing or administrative fee, <br>to compensate the planning unit for completing and filing the certificate. The fees <br>permitted by this subsection shall be refunded to the applicant in the event no land <br>use restriction is imposed or adopted as a result of the proceeding. (3) When a restriction reflected on the certificate is amended, a new certificate shall be filed. In the case of such amendment or in the event the original restriction is <br>released, the previous certificate shall be released by the secretary of the body which <br>amended or released the restriction in the same manner as releases of encumbrances <br>upon real estate. (4) The failure to file, to file on time, or to complete the certificate properly or accurately shall not affect the validity or enforceability of any land use restriction or <br>regulation. Any improper filing may be cured by a subsequent proper filing. Nothing herein shall affect the running of time for any appeal or other act for which <br>a time limit is prescribed by this chapter. Effective: January 1, 2007 <br>History: Amended 2006 Ky. Acts ch. 255, sec. 15, effective January 1, 2007. -- Amended 1990 Ky. Acts ch. 362, sec. 6, effective July 13, 1990. -- Created 1988 Ky. <br>Acts ch. 30, sec. 1, effective July 15, 1988.