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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 KRS 147A.027 is repealed, reenacted as a new section of KRS 3
Chapter 100, and amended to read as follows: 4
(1) (a) Each planning commissioner and board of adjustment member of a planning 5
unit shall, within one (1) year prior to his or her appointment and one (1) 6
year following[, or within one hundred twenty (120) days of] appointment, 7
attend a minimum of three (3)[four (4)] hours of orientation training in one 8
(1) or more of the subjects listed in subsection (4) of this section and at least 9
one (1) additional hour of training on the impact of planning and zoning 10
policies and procedures on housing supply and accessibility. 11
(b) Each planning professional, zoning administrator, and administrative official, 12
and each planning professional's deputies and assistants, shall, within one (1) 13
year prior to being employed, or within one hundred twenty (120) days of 14
employment, attend a minimum of seven (7)[eight (8)] hours of orientation 15
training in one (1) or more of the subjects listed in subsection (4) of this 16
section and at least one (1) additional hour of training on the impact of 17
planning and zoning policies and procedures on housing supply and 18
accessibility. 19
(c) Each of the individuals listed in paragraphs (a) and (b) of this subsection shall 20
certify his or her attendance by a written statement filed with the secretary of 21
his or her respective planning commission within thirty (30) days of 22
completing the orientation training required in paragraphs (a) and (b) of 23
this subsection[one hundred forty (140) days of appointment or employment]. 24
Each statement shall identify the date of each program attended, its subject 25
matter, location, sponsors, and the time spent in each program. 26
(2) (a) Each planning commissioner and board of adjustment member of a planning 27 UNOFFICIAL COPY 25 RS HB 321/EN
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unit shall, within each period of four (4)[two (2)] consecutive calendar years, 1
starting at the date of the individual's appointment, attend no less than seven 2
(7)[eight (8)] hours of continuing education in any of the subjects listed in 3
subsection (4) of this section and at least one (1) additional hour of training 4
on the impact of planning and zoning policies and procedures on housing 5
supply and accessibility. 6
(b) Each planning professional, zoning administrator, and administrative official, 7
and each planning professional's deputies and assistants, shall, within each 8
period of two (2) consecutive calendar years, starting at the date of the 9
individual's appointment, attend no less than fifteen (15)[sixteen (16)] hours 10
of continuing education in any of the subjects listed in subsection (4) of this 11
section and at least one (1) additional hour of training on the impact of 12
planning and zoning policies and procedures on housing supply and 13
accessibility. 14
(c) Each of the individuals listed in paragraphs (a) and (b) of this subsection shall 15
certify his or her attendance by a written statement filed with the secretary of 16
his or her respective planning commission within thirty (30) days of 17
completing the continuing education required in paragraphs (a) and (b) of 18
this subsection[by December 31 of each calendar year]. Each statement shall 19
identify the date of each program attended, its subject matter, location, 20
sponsors, and the time spent in each program. 21
(3) The planning commission or the legislative body of the city, county, urban-county 22
government, charter county government, or consolidated local government in 23
which the planning commission has jurisdiction or, in the case of a joint planning 24
unit, has representation in, shall be responsible for providing training as required by 25
subsections (1) and (2) of this section or for providing funding to each planning 26
commissioner, board of adjustment member, full-time planning professional, 27 UNOFFICIAL COPY 25 RS HB 321/EN
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zoning administrator, administrative official, and planning professional's deputies 1
or assistants so that each individual may obtain training as required by subsections 2
(1) and (2) of this section from other sources. 3
(4) The subjects for the education required by subsections (1) and (2) of this section 4
shall include[,] but not be limited to[,] any of the following: land use planning; 5
zoning; floodplains; transportation; community facilities; ethics; public utilities; 6
wireless telecommunications facilities; parliamentary procedure; public hearing 7
procedure; administrative law; economic development; housing; public buildings; 8
building construction; land subdivision; and powers and duties of the board of 9
adjustment. Other topics reasonably related to the duties of planning officials or 10
planning professionals may be approved by majority vote of the planning 11
commission prior to December 31 of the year for which credit is sought. 12
(5) Each local planning commission shall keep in its official public records originals of 13
all statements and the written documentation of attendance required in subsection 14
(6) of this section filed with the secretary of the planning commission pursuant to 15
subsections (1)(c) and (2)(c) of this section for three (3) years after the calendar 16
year in which each statement and appurtenant written documentation is filed. 17
(6) Each planning commissioner, board of adjustment member, full-time planning 18
professional, zoning administrator, administrative official, and planning 19
professional's deputies or assistants shall be responsible for obtaining written 20
documentation signed by a representative of the sponsor of any continuing 21
education course for which credit is claimed, acknowledging the fact that the 22
individual attended the program for which credit is claimed. That documentation 23
shall be filed with the secretary of the planning commission as attachments to the 24
statements required by subsections (1)(c) and (2)(c) of this section. 25
(7) If a planning commissioner or board of adjustment member fails to: 26
(a) Complete the requisite number of hours of orientation training and continuing 27 UNOFFICIAL COPY 25 RS HB 321/EN
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education within the time allotted under subsections (1) and (2) of this 1
section; 2
(b) File the statement required by subsections (1)(c) and (2)(c) of this section; or 3
(c) File the documentation required by subsection (6) of this section; 4
the planning commissioner shall be subject to removal from office according to the 5
provisions of KRS 100.157, and the board of adjustment member shall be subject to 6
removal according to the provisions of KRS 100.217. 7
(8) No city, county, urban-county government, charter county government, 8
consolidated local government, planning commission, board of adjustment, or any 9
entity performing local planning under KRS Chapter 100, shall employ a planning 10
professional, zoning administrator, administrative official, or a planning 11
professional's deputy or assistant, who fails to complete the requisite number of 12
hours of orientation and continuing education required by subsections (1) and (2) of 13
this section in the capacity of a planning professional, zoning administrator, 14
administrative official, or planning professional's deputy or assistant. 15
Section 2. KRS 100.347 is amended to read as follows: 16
(1) Any person or entity claiming to be injured or aggrieved by any final action of the 17
board of adjustment and that owns real property within the same zone where the 18
property that is the subject of the final action is located shall appeal from the 19
action to the Circuit Court of the county in which the property that[, which] is the 20
subject of the action of the board of adjustment[,] lies. The[Such] appeal shall be 21
taken within thirty (30) days after the final action of the board. All final actions 22
which have not been appealed within thirty (30) days shall not be subject to judicial 23
review. The board of adjustment shall be a party in any[ such] appeal filed in the 24
Circuit Court under this subsection. 25
(2) Any person or entity claiming to be injured or aggrieved by any final action of the 26
planning commission and that owns real property within the same zone where the 27 UNOFFICIAL COPY 25 RS HB 321/EN
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property that is the subject of the final action is located shall appeal from the final 1
action to the Circuit Court of the county in which the property that[, which] is the 2
subject of the commission's action[,] lies. The[Such] appeal shall be taken within 3
thirty (30) days after the[such] action of the commission. Such action shall not 4
include the commission's recommendations made to other governmental bodies. All 5
final actions which have not been appealed within thirty (30) days shall not be 6
subject to judicial review. Provided, however, any appeal of a planning commission 7
action granting or denying a variance or conditional use permit authorized by KRS 8
100.203(5) shall be taken pursuant to this subsection. In such case, the thirty (30) 9
day period for taking an appeal begins to run at the time the legislative body grants 10
or denies the map amendment for the same development. The planning commission 11
shall be a party in any[ such] appeal filed in the Circuit Court under this 12
subsection. 13
(3) Any person or entity claiming to be injured or aggrieved by any final action of the 14
legislative body of any city, county, consolidated local government, or urban-15
county government, relating to a map amendment and that owns real property 16
within the same zone where the property that is the subject of the final action is 17
located shall appeal from the action to the Circuit Court of the county in which the 18
property that[, which] is the subject of the map amendment[,] lies. The[ Such] 19
appeal shall be taken within thirty (30) days after the final action of the legislative 20
body. All final actions which have not been appealed within thirty (30) days shall 21
not be subject to judicial review. The legislative body shall be a party in any[ such] 22
appeal filed in the Circuit Court under this subsection. 23
(4) The owner of the subject property and applicants who initiated the proceeding shall 24
be made parties to the appeal. Other persons speaking at the public hearing are not 25
required to be made parties to such appeal. 26
(5) For purposes of this chapter, final action shall be deemed to have occurred on the 27 UNOFFICIAL COPY 25 RS HB 321/EN
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calendar date when the vote is taken to approve or disapprove the matter pending 1
before the body. 2