Kentucky Land Use Planning (1-KY-a)
Land Use Planning Process
1-KY-a.1 to 1-KY-a.3 — Is the Utility Under the Jurisdiction of the Public Service Commission?
The developer must follow the local zoning regulations if the facility does not operate under the jurisdiction of the PSC. KY. Rev. Stat. Ann. §100.324(2) (2002). The developer should contact the local city or county planning commission to obtain a zoning variance if necessary. KY. Rev. Stat. Ann. §100.241 (1986) . Public utilities that operate under the jurisdiction of the Kentucky Public Service Commission (PSC) do not need approval from the planning commission before locating or relocating any service facilities. KY. Rev. Stat. Ann. §100.324(1) (2002) . Instead, public utilities need approval from the PSC. A public utility is defined, in part, as any “person who owns, controls, operates, or manages a facility used or to be used for in the connection with the generation, production, transmission or distribution of electricity to or for the public, for compensation, for lights, heat, power or other uses…” KY. Rev. Stat. Ann. §278.010(3) (2016). For a full definition of a public utility see: KY. Rev. Stat. Ann. §278.010(3) (2016). The developer should contact the PSC before beginning construction.
1-KY-a.4 to 1-KY-a.5 — Provide Notice to the Local Planning Commission
The PSC must give notice to the local planning commission of any hearing involving the location or relocation of facilities within that planning commission’s jurisdiction. KY. Rev. Stat. Ann. §100.324(1) (2002). The local planning commission may request additional information about the project from the developer. KY. Rev. Stat. Ann. §100.324(3) (2002).
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