Current through 2024 Ky. Acts ch.225
Section 100.326 - Definitions for section - Retail filling stations - Limitations on regulation by local government(1) As used in this section:(a) "Electric vehicle charging station" has the same meaning as in KRS 138.477; and(b) "Retail filling station" has the same meaning as in KRS 138.210.(2) A city, county, urban-county government, charter county, or consolidated local government shall not utilize a zoning process, or adopt or enforce an ordinance, order, regulation, or similar measure that:(a) Prohibits or limits a retail filling station from locating at any place within its jurisdiction at which other businesses of similar uses or character which serve the public may locate;(b) Could be reasonably construed to apply discriminatory treatment to the use or location of retail filling stations; or(c) Treats retail filling stations differently than electric vehicle charging stations.(3) This section shall not prohibit a local jurisdiction identified in subsection (2) of this section from subjecting retail filling stations to restrictions similar to those applicable to other businesses that:(a) Provide siting requirements, including siting requirements involving certain geographic areas;(b) Do not effectively prohibit the operation of a retail filling station; and(c) Are not preempted by state or federal law.Added by 2024 Ky. Acts ch. 186,§ 1, eff. 7/15/2024.