67C.111 Status of cities other than those of the first class located within the territory of the consolidated local government -- Establishment of new city within consolidated local government -- Procedure -- Annexation

67C.111 Status of cities other than those of the first class located within the

territory of the consolidated local government -- Establishment of new city

within consolidated local government -- Procedure -- Annexation.

(1) All cities other than those of the first class located within the territory of the

consolidated local government, upon the successful passage of the question to

consolidate a city of the first class and its county, shall remain incorporated unless

dissolved in accordance with KRS 81.094 and shall continue to exercise all powers

and perform the functions permitted by the Constitution and general laws of the

Commonwealth of Kentucky applicable to the cities of the class to which they have

been assigned.

(2) (a) After July 15, 2024, with the approval of the consolidated local government's

legislative council, qualified voters within the consolidated local government

may establish new cities within the consolidated local government pursuant to

KRS 81.050 and 81.060. The proposed city must have a population of six

thousand (6,000) or greater. This territory shall not be within any urban

services boundary of the consolidated local government nor shall it include

any territory currently incorporated within any existing city. The approval of

the desire to establish a new city shall be in the form of a resolution by the

consolidated local government's legislative council. If the legislative council

does not act upon the request within sixty (60) days of the receipt of the desire

to incorporate a new city, that shall serve as notice of approval by the

legislative council of the incorporation of the new city.

(b) If the petition to form a city is signed by a number of registered and qualified

voters residing in the area proposed to be incorporated which is equal to at

least seventy-five percent (75%) of the total number of votes cast in the area

in the last preceding presidential election, the consolidated local government's

legislative council shall approve the proposed incorporation.

(c) If the petition to form a city is signed by a number of registered and qualified

voters residing in the area proposed to be incorporated which is less than

seventy-five percent (75%) of the total number of votes cast in the area in the

last preceding presidential election, the consolidated local government's

legislative council may approve the proposed incorporation.

(d) An action of the consolidated local government's legislative council approving

an incorporation passed by the consolidated local government legislative

council shall not be subject to veto by the mayor of the consolidated local

government.

(3) (a) Any proposed annexation by a city in that county shall first receive the

approval of the legislative council of the consolidated local government prior

to the city proceeding under the provisions of KRS Chapter 81A. The city

shall request the approval of the consolidated legislative council by ordinance.

For requests filed after July 15, 2024:

1. If the ordinance is accompanied by a petition in favor of the proposed

annexation signed by a number of registered and qualified voters

residing in the area proposed to be annexed which is equal to at least

seventy-five percent (75%) of the total number of votes cast in the area

in the last preceding presidential election, the consolidated local

government shall approve the proposed annexation; or

2. If the ordinance is accompanied by written consent of the owners of

record of the area to be annexed when that area is vacant or is otherwise

unimproved land and where no persons reside, the consolidated

government legislative council shall approve the proposed annexation.

A city shall not annex vacant or otherwise unimproved land where no

persons reside as set out by this subparagraph more than once every four

(4) calendar years.

en consent of the owners of

record of the area to be annexed when that area is vacant or is otherwise

unimproved land and where no persons reside, the consolidated

government legislative council shall approve the proposed annexation.

A city shall not annex vacant or otherwise unimproved land where no

persons reside as set out by this subparagraph more than once every four

(4) calendar years.

(b) The consolidated legislative council's decision shall be made by ordinance

and within sixty (60) days of the receipt of the request by the affected city. If

an ordinance has not been enacted by the consolidated legislative council

within sixty (60) days, the request for a city to proceed with an annexation

proposal shall be deemed to be approved by the consolidated legislative

council. An ordinance approving annexation passed by the consolidated local

government legislative council shall not be subject to veto by the mayor of the

consolidated local government.

(c) 1. A city in a county containing a consolidated local government shall not

annex commercial real estate primarily for the purpose of obtaining

occupational license taxes, net profits, or gross receipts taxes unless

each owner of record of property within the area to be annexed gives

prior consent in writing to the annexation.

2. a. As used in this paragraph, "commercial real estate" means any

parcel of real estate that is:

i. Lawfully used primarily for sales, retail, wholesale, office,

research, institutional, warehouse, manufacturing, or

industrial purposes;

ii. Lawfully used primarily for multifamily residential purposes

involving five (5) or more dwelling units; or

iii. Zoned as a business or commercial use by a planning unit

under the provisions of KRS Chapter 100.

b. "Commercial real estate" does not include single-family residential

units such as condominiums, townhouses, manufactured homes, or

homes or lots in a subdivision when sold, or residential units

otherwise conveyed on a unit-by-unit basis, even if those units are

part of a larger building or parcel of real estate containing more

than four (4) residential units.

(4) The adoption of a consolidated local government in a county containing a city

of the first class shall not prevent the merger or dissolution of any existing

cities as provided by law or the merger of any remaining cities with the newly

consolidated local government.