AN ACT relating to planning and zoning.

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AN ACT relating to planning and zoning. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 100.217 is amended to read as follows: 3
(1) (a) Before any zoning regulation may have legal effect within the planning unit, a 4
board or boards of adjustment shall be appointed for the planning unit as 5
stated in the agreement under which the unit ope rates. The agreement may 6
provide for a joint board of adjustment. The agreement may provide for 7
additional boards of adjustment with jurisdiction of a particular city or area 8
within the planning unit. Provided, that the jurisdiction of the boards of 9
adjustment so established shall be clearly defined as to territorial limits, that 10
all territory within the planning unit is within the jurisdiction of some board of 11
adjustment so established and, that no territory is subject to the jurisdiction of 12
more than one (1) board of adjustment, except as provided in KRS 13
100.203(5). 14
(b) Except as provided by paragraph (c) of this subsection, in a county containing 15
a consolidated local government where a planning agreement is not required, 16
there shall be one (1) board of ad justment which shall be established by 17
ordinance of the consolidated local government. Until such time as the 18
consolidated local government establishes and appoints a board of adjustment 19
pursuant to this subsection, the existing board of adjustment for the county 20
shall serve as the board of adjustment for the entire planning unit. 21
(c) A city with a population equal to or greater than twenty thousand (20,000) 22
based upon the most recent federal decennial census within a county 23
containing a consolidated local government where a planning agreement is not 24
required may establish, by ordinance, a board of zoning adjustment under the 25
provisions of this section. If such a city creates a board of zoning adjustment, 26
then that board of zoning adjustment shall have exclu sive jurisdiction within 27
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that city's territorial boundaries. 1
(2) (a) A board of adjustment shall consist of either three (3), five (5), or seven (7) 2
members, all of whom must be citizen members, and not more than two (2) of 3
whom may be citizen members of the planning commission. 4
(b) A joint board of adjustment shall consis t of no fewer than three (3) members, 5
all of whom must be citizen members, and no more than two (2) of whom 6
may be citizen members of the planning commission. Each appointing 7
authority whose jurisdiction is represented by the joint board shall be entitled 8
to appoint one (1) member to represent that jurisdiction. 9
(3) The mayor shall be the appointing authority for cities, and the county 10
judge/executive shall be the appointing authority for counties, subject to the 11
approval of their respective legislative bod ies. The mayor shall be the appointing 12
authority for a consolidated local government pursuant to the provisions of KRS 13
67C.139. 14
(4) The term of office for the board of adjustment shall be four (4) years, but the term 15
of office of members first appointed sh all be staggered so that a proportionate 16
number serve one (1), two (2), three (3), and four (4) years respectively. 17
(5) Vacancies on the board of adjustment shall be filled within sixty (60) days by the 18
appropriate appointing authority. If the authority fa ils to act within that time, the 19
planning commission shall fill the vacancy. When a vacancy occurs other than 20
through expiration of the term of office, it shall be filled for the remainder of that 21
term. 22
(6) All members of boards of adjustment shall, before entering upon their duties, 23
qualify by taking the oath of office prescribed by Section 228 of the Constitution of 24
the Commonwealth of Kentucky before any judge, county judge/executive, notary 25
public, clerk of a court, or justice of the peace within the di strict or county in which 26
he resides. 27
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(7) Reimbursement for expenses or compensation or both may be authorized for 1
members on a board of adjustment. 2
(8) Any member of a board of adjustment may be removed by the appropriate 3
appointing authority for ineffici ency, neglect of duty, malfeasance, or conflict of 4
interest. Any appointing authority who exercises the power to remove a member of 5
the board of adjustment shall submit a written statement to the commission setting 6
forth the reasons for removal, and the st atement shall be read at the next meeting of 7
the board of adjustment, which shall be open to the general public. The member so 8
removed shall have the right of appeal from the removal to the Circuit Court of the 9
county in which he resides. 10
(9) Notwithstanding subsection (4) of this section, when a city of the first class and a 11
county containing such city have in effect a compact pursuant to KRS 79.310 to 12
79.330, the terms of the members on the board shall be for three (3) years and until 13
their successors are appointed and qualified. Upon the effective date of the 14
compact, if the board is not reorganized pursuant to subsection (1) of this section, 15
the mayor, and county judge/executive with approval of the fiscal court, shall adjust 16
the terms of the sitting mem bers to provide that the terms of one -third (1/3) plus 17
one (1) of the members expire in one (1) year, the terms of one -third (1/3) of the 18
members in two (2) years, and the terms of one-third (1/3) of the members expire in 19
three (3) years. Upon expiration o f these staggered terms, successors shall be 20
appointed for a term of three (3) years. Notwithstanding subsection (4) of this 21
section, upon the establishment of a consolidated local government in a county 22
where a city of the first class and a county contain ing such city have had in effect a 23
cooperative compact pursuant to KRS 79.310 to 79.330, the terms of the members 24
on the board shall be for three (3) years and until their successors are appointed and 25
qualified. Upon expiration of the terms of incumbent me mbers, their successors 26
shall be appointed to three (3) year terms which are staggered. 27
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(10) Each board of adjustment annually shall elect a chairman, vice chairman, and 1
secretary and any other officers it deems necessary, and any officer shall be eligible 2
for reelection at the expiration of his or her term. 3