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

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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
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. Effective: January 1, 2007
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.
Acts ch. 30, sec. 1, effective July 15, 1988.