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 th e 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 r etail filling stations to restrictions similar to those applicable to other businesses that: (a) Provide siting requirements, including siting requirements involving certain section from subjecting r etail 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 fillin g station; and (c) Are not preempted by state or federal law. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 186, sec. 1, effective July 15, 2024.
Kentucky Legal Code