KRS § 100.3681 — KY Code / Title IX / Chapter 100 / Section 100.3681
100.3681 Filing of certificate of land use restrictions required -- Contents -- Amendments -- Effect of failure to file or file properly
Status: in_force

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

receipt of a recording fee pursuant to KRS 64.012, file and maintain among the

official records of his office certificates of land use restriction completed according

to this section and KRS 100.3682 to 100.3684. The certificates shall be in the form

designated in KRS 100.3683; shall be completed and filed by the secretary of the

planning commission, board of adjustment, legislative body, or fiscal court which

finally adopts or imposes the land use restriction described in the certificate; and

shall be filed within thirty (30) days of the date upon which the body takes final

action to impose or adopt the restriction. The certificate shall set forth the name and

address of the property owner; the address of the property; the name of the

subdivision or development, if there is one; the name and address of the body which

maintains the original records containing the restriction; and shall indicate the type

of land use restriction adopted or imposed upon the subject property on or after

October 1, 1988, including variances, conditional use permits, conditional zoning

conditions, unrecorded preliminary subdivision plats, and development plans; but

not including zoning map amendments which impose no limitations or restrictions

upon the use of the subject property other than those generally applicable to

properties within the same zone and not including any recorded subdivision plat.

The county clerk shall index the certificates by property owner and, if applicable,

name of subdivision or development. The county clerk shall maintain in his office a

record of the name and address of the agency having custody of the official zoning

map for each planning unit within the county. All zoning map amendments shall be

reflected on the official zoning map within thirty (30) days of the date upon which

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

imposition, adoption, amendment, or release of any land use restriction provided for

in this chapter; and the planning unit may also charge the applicant a fee for the

reasonable cost of completing and filing the certificate, not to exceed ten dollars and

fifty cents ($10.50), in addition to any other applicable filing or administrative fee,

to compensate the planning unit for completing and filing the certificate. The fees

permitted by this subsection shall be refunded to the applicant in the event no land

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

released, the previous certificate shall be released by the secretary of the body which

amended or released the restriction in the same manner as releases of encumbrances

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

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

a time limit is prescribed by this chapter.