100.197 Adoption of plan elements -- Periodic amendment or readoption. (1) All elements of the comprehensive plan shall be prepared with a view towards carrying out the statement of goals and objectives. The various elements may be <br>adopted as they are completed, or as a whole when all have been completed. The <br>planning commission shall hold a public hearing and adopt the elements. The <br>comprehensive plan elements, and their research basis, shall be reviewed from time <br>to time in light of social, economic, technical, and physical advancements or <br>changes. At least once every five (5) years, the commission shall amend or readopt <br>the plan elements. It shall not be necessary to conduct a comprehensive review of <br>the research done at the time of the original adoption pursuant to KRS 100.191, <br>when the commission finds that the original research is still valid. The amendment <br>or readoption shall occur only after a public hearing before the planning <br>commission. (2) The elements of the comprehensive plan shall be reviewed by the planning commission at least once every five (5) years and amended if necessary. If the goals <br>and objectives statement is proposed to be amended then the proposed amendments <br>shall be submitted to the legislative bodies and fiscal courts in the planning unit for <br>consideration, amendment, and adoption. The legislative bodies and fiscal courts <br>shall take action upon the proposed statement of goals and objectives within ninety <br>(90) days of the date upon which the legislative body or fiscal court receives the <br>planning commission's final action upon such proposal. If no action is taken within <br>the ninety (90) day period, the proposed amendments to the statement of goals and <br>objectives shall be deemed to have been approved by operation of law. If the goals <br>and objectives statement is not proposed to be amended, it shall not be necessary to <br>submit it to the legislative bodies and fiscal courts for action. If the review is not <br>performed, any property owner in the planning unit may file suit in the Circuit <br>Court. If the Circuit Court finds that the review has not been performed, it shall <br>order the planning commission, or the legislative body in the case of the statement <br>of goals and objectives element, to perform the review, and it may set a schedule or <br>deadline of not less than nine (9) months for the completion of the review. No <br>comprehensive plan shall be declared invalid by the Circuit Court unless the <br>planning commission fails to perform the review according to the court's schedule <br>or deadline. The procedure set forth in this section shall be the exclusive remedy for <br>failure to perform the review. (3) Within thirty (30) days after its adoption, amendment, or readoption by the planning commission, a copy of each element of the comprehensive plan shall be sent to <br>public officials in adjacent cities, counties, and planning units, following the <br>procedures provided in subsection (3) of KRS 100.193. Effective: July 15, 2008 <br>History: Amended 2008 Ky. Acts ch. 167, sec. 2, effective July 15, 2008. -- Amended 1990 Ky. Acts ch. 362, sec. 3, effective July 13, 1990. -- Amended 1986 Ky. Acts <br>ch. 141, sec. 14, effective July 15, 1986. -- Created 1966 Ky. Acts ch. 172, sec. 28.
100.197 Adoption of plan elements -- Periodic amendment or readoption. (1) All elements of the comprehensive plan shall be prepared with a view towards carrying out the statement of goals and objectives. The various elements may be <br>adopted as they are completed, or as a whole when all have been completed. The <br>planning commission shall hold a public hearing and adopt the elements. The <br>comprehensive plan elements, and their research basis, shall be reviewed from time <br>to time in light of social, economic, technical, and physical advancements or <br>changes. At least once every five (5) years, the commission shall amend or readopt <br>the plan elements. It shall not be necessary to conduct a comprehensive review of <br>the research done at the time of the original adoption pursuant to KRS 100.191, <br>when the commission finds that the original research is still valid. The amendment <br>or readoption shall occur only after a public hearing before the planning <br>commission. (2) The elements of the comprehensive plan shall be reviewed by the planning commission at least once every five (5) years and amended if necessary. If the goals <br>and objectives statement is proposed to be amended then the proposed amendments <br>shall be submitted to the legislative bodies and fiscal courts in the planning unit for <br>consideration, amendment, and adoption. The legislative bodies and fiscal courts <br>shall take action upon the proposed statement of goals and objectives within ninety <br>(90) days of the date upon which the legislative body or fiscal court receives the <br>planning commission's final action upon such proposal. If no action is taken within <br>the ninety (90) day period, the proposed amendments to the statement of goals and <br>objectives shall be deemed to have been approved by operation of law. If the goals <br>and objectives statement is not proposed to be amended, it shall not be necessary to <br>submit it to the legislative bodies and fiscal courts for action. If the review is not <br>performed, any property owner in the planning unit may file suit in the Circuit <br>Court. If the Circuit Court finds that the review has not been performed, it shall <br>order the planning commission, or the legislative body in the case of the statement <br>of goals and objectives element, to perform the review, and it may set a schedule or <br>deadline of not less than nine (9) months for the completion of the review. No <br>comprehensive plan shall be declared invalid by the Circuit Court unless the <br>planning commission fails to perform the review according to the court's schedule <br>or deadline. The procedure set forth in this section shall be the exclusive remedy for <br>failure to perform the review. (3) Within thirty (30) days after its adoption, amendment, or readoption by the planning commission, a copy of each element of the comprehensive plan shall be sent to <br>public officials in adjacent cities, counties, and planning units, following the <br>procedures provided in subsection (3) of KRS 100.193. Effective: July 15, 2008 <br>History: Amended 2008 Ky. Acts ch. 167, sec. 2, effective July 15, 2008. -- Amended 1990 Ky. Acts ch. 362, sec. 3, effective July 13, 1990. -- Amended 1986 Ky. Acts <br>ch. 141, sec. 14, effective July 15, 1986. -- Created 1966 Ky. Acts ch. 172, sec. 28.
100.197 Adoption of plan elements -- Periodic amendment or readoption. (1) All elements of the comprehensive plan shall be prepared with a view towards carrying out the statement of goals and objectives. The various elements may be <br>adopted as they are completed, or as a whole when all have been completed. The <br>planning commission shall hold a public hearing and adopt the elements. The <br>comprehensive plan elements, and their research basis, shall be reviewed from time <br>to time in light of social, economic, technical, and physical advancements or <br>changes. At least once every five (5) years, the commission shall amend or readopt <br>the plan elements. It shall not be necessary to conduct a comprehensive review of <br>the research done at the time of the original adoption pursuant to KRS 100.191, <br>when the commission finds that the original research is still valid. The amendment <br>or readoption shall occur only after a public hearing before the planning <br>commission. (2) The elements of the comprehensive plan shall be reviewed by the planning commission at least once every five (5) years and amended if necessary. If the goals <br>and objectives statement is proposed to be amended then the proposed amendments <br>shall be submitted to the legislative bodies and fiscal courts in the planning unit for <br>consideration, amendment, and adoption. The legislative bodies and fiscal courts <br>shall take action upon the proposed statement of goals and objectives within ninety <br>(90) days of the date upon which the legislative body or fiscal court receives the <br>planning commission's final action upon such proposal. If no action is taken within <br>the ninety (90) day period, the proposed amendments to the statement of goals and <br>objectives shall be deemed to have been approved by operation of law. If the goals <br>and objectives statement is not proposed to be amended, it shall not be necessary to <br>submit it to the legislative bodies and fiscal courts for action. If the review is not <br>performed, any property owner in the planning unit may file suit in the Circuit <br>Court. If the Circuit Court finds that the review has not been performed, it shall <br>order the planning commission, or the legislative body in the case of the statement <br>of goals and objectives element, to perform the review, and it may set a schedule or <br>deadline of not less than nine (9) months for the completion of the review. No <br>comprehensive plan shall be declared invalid by the Circuit Court unless the <br>planning commission fails to perform the review according to the court's schedule <br>or deadline. The procedure set forth in this section shall be the exclusive remedy for <br>failure to perform the review. (3) Within thirty (30) days after its adoption, amendment, or readoption by the planning commission, a copy of each element of the comprehensive plan shall be sent to <br>public officials in adjacent cities, counties, and planning units, following the <br>procedures provided in subsection (3) of KRS 100.193. Effective: July 15, 2008 <br>History: Amended 2008 Ky. Acts ch. 167, sec. 2, effective July 15, 2008. -- Amended 1990 Ky. Acts ch. 362, sec. 3, effective July 13, 1990. -- Amended 1986 Ky. Acts <br>ch. 141, sec. 14, effective July 15, 1986. -- Created 1966 Ky. Acts ch. 172, sec. 28.
