Kentucky Statutes 100.401 – Legislative intent
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It is the intent of KRS § 100.401 to KRS § 100.419 to strengthen the enforcement of binding elements which have been approved as part of a land use development plan in a county containing a consolidated local government. This is intended to be done by extending to a planning commission in counties containing a consolidated local government the authority to issue remedial orders and impose civil fines in order to provide an equitable, expeditious, effective, and inexpensive method of ensuring compliance with approved land use plans as they apply to binding element agreements. KRS § 100.401 to KRS § 100.419 is intended and shall be construed to provide an additional or supplemental means of obtaining compliance with local zoning ordinances and nothing contained in KRS
100.401 to 100.419 shall prohibit the enforcement of local zoning ordinances by any other means authorized by law.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 197, effective January 1, 2015. — Amended 2002 Ky. Acts ch. 346, sec. 154, effective July 15, 2002. — Created 1998
Ky. Acts ch. 10, sec. 1, effective July 15, 1998.
100.401 to 100.419 shall prohibit the enforcement of local zoning ordinances by any other means authorized by law.
Terms Used In Kentucky Statutes 100.401
- Commission: means planning commission. See Kentucky Statutes 100.111
- Development plan: means written and graphic material for the provision of a development, including any or all of the following: location and bulk of buildings and other structures, intensity of use, density of development, streets, ways, parking facilities, signs, drainage of surface water, access points, a plan for screening or buffering, utilities, existing manmade and natural conditions, and all other conditions agreed to by the applicant. See Kentucky Statutes 100.111
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 197, effective January 1, 2015. — Amended 2002 Ky. Acts ch. 346, sec. 154, effective July 15, 2002. — Created 1998
Ky. Acts ch. 10, sec. 1, effective July 15, 1998.