KRS § 100.347 — KY Code / Title IX / Chapter 100 / Section 100.347
100.347 Appeal from board of adjustment, planning commission, or legislative body action -- Final action defined
Status: in_force

100.347 Appeal from board of adjustment, planning commission, or legislative

body action -- Final action defined.

(1) Any person or entity claiming to be injured or aggrieved by any final action of the

board of adjustment and that owns real property within the same zone where the

property that is the subject of the final action is located shall appeal from the action

to the Circuit Court of the county in which the property that is the subject of the

action of the board of adjustment lies. The appeal shall be taken within thirty (30)

days after the final action of the board. All final actions which have not been

appealed within thirty (30) days shall not be subject to judicial review. The board of

adjustment shall be a party in any appeal filed in the Circuit Court under this

subsection.

(2) Any person or entity claiming to be injured or aggrieved by any final action of the

planning commission and that owns real property within the same zone where the

property that is the subject of the final action is located shall appeal from the final

action to the Circuit Court of the county in which the property that is the subject of

the commission's action lies. The appeal shall be taken within thirty (30) days after

the action of the commission. Such action shall not include the commission's

recommendations made to other governmental bodies. All final actions which have

not been appealed within thirty (30) days shall not be subject to judicial review.

Provided, however, any appeal of a planning commission action granting or

denying a variance or conditional use permit authorized by KRS 100.203(5) shall

be taken pursuant to this subsection. In such case, the thirty (30) day period for

taking an appeal begins to run at the time the legislative body grants or denies the

map amendment for the same development. The planning commission shall be a

party in any appeal filed in the Circuit Court under this subsection.

(3) Any person or entity claiming to be injured or aggrieved by any final action of the

legislative body of any city, county, consolidated local government, or urban-

county government, relating to a map amendment and that owns real property

within the same zone where the property that is the subject of the final action is

located shall appeal from the action to the Circuit Court of the county in which the

property that is the subject of the map amendment lies. The appeal shall be taken

within thirty (30) days after the final action of the legislative body. All final actions

which have not been appealed within thirty (30) days shall not be subject to judicial

review. The legislative body shall be a party in any appeal filed in the Circuit Court

under this subsection.

(4) The owner of the subject property and applicants who initiated the proceeding shall

be made parties to the appeal. Other persons speaking at the public hearing are not

required to be made parties to such appeal.

(5) For purposes of this chapter, final action shall be deemed to have occurred on the

calendar date when the vote is taken to approve or disapprove the matter pending

before the body.