# KRS § 99.050: 99.050 Conditions of approval of plan by planning commission > Kentucky · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_TIX_C99_S99.050 ## Section - **Citation:** KRS § 99.050 - **Heading:** 99.050 Conditions of approval of plan by planning commission - **Jurisdiction:** Kentucky - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** KY Code / Title IX / Chapter 99 / Section 99.050 ## Text 99.050 Conditions of approval of plan by planning commission. (1) A planning commission may approve a development plan, but no certificate of approval thereof shall be issued by it unless and until an application for approval has been filed with it, together with the development plan, and unless and until, after a public hearing before it, notice of which hearing giving the time, place and purpose of the hearing shall be given by publication pursuant to KRS Chapter 424, and by one or more handbills posted up in the area sought to be redeveloped giving the time, place and purpose of the hearing, the planning commission finds: (a) That the area within which the development area is included is substandard or insanitary and that the redevelopment of the development area in accordance with the development plan is necessary or advisable to effectuate the public purposes declared in KRS 99.020; (b) That the development plan is in accord with the master plan, or city map, if any, of the city; (c) That the development area is of sufficient size to allow its redevelopment in an efficient and economically satisfactory manner; (d) That the various stages, if any, by which the development is proposed to be constructed or undertaken, as stated in the development plan, are practicable and in the public interest; (e) That public facilities, including, but not limited to school, fire, police, transportation, park, playground and recreation, are presently adequate, or will be adequate, at the time that the development is ready for use, to service the development area; (f) That the proposed changes, if any, in zoning ordinances or maps and in streets and street levels, or any proposed street closing, are necessary or desirable for the development and its protection against blighting influences and for the city as a whole; and (g) Upon the data submitted by or on behalf of the redevelopment corporation, or upon data otherwise available to the planning commission, that the carrying into effect of the development plan will not cause undue hardship to the families, if any, occupying dwelling accommodations in the development area to such a degree as to outweigh the public purpose defined in KRS 99.020. (2) Any such findings shall be conclusive evidence of the facts so determined except upon proof of fraud or willful misfeasance. In arriving at such determination, the planning commission shall consider only those elements of the development plan relevant to such determination under paragraphs (a) through (g) of subsection (1) of this section and to the type of development which is physically desirable for the development area concerned from a city planning viewpoint, and from a neighborhood unit viewpoint if the development plan provides that the development area is to be primarily residential. Upon approval of a development plan by the planning commission, it shall forthwith issue a certificate of approval thereof. (3) Such planning commission may state general standards of city and neighborhood unit planning to which a development plan should conform to be approved by it. Such standards, however, shall be as flexible as possible and only for the guidance of prospective proponents of development plans. Variations therefrom shall be freely allowed upon a showing of their advisability, to the end that individual initiative be encouraged. ## Nearby sections - [KRS § 99.010 99.010 Definitions for KRS 99.010 to 99.310](https://www.frixlaw.com/law-library/statutes/STATE_KY_TIX_C99_S99.010.md) - [KRS § 99.020 99.020 Declaration of necessity for and purpose of KRS 99.010 to 99.310](https://www.frixlaw.com/law-library/statutes/STATE_KY_TIX_C99_S99.020.md) - [KRS § 99.030 99.030 Development plan -- What to include](https://www.frixlaw.com/law-library/statutes/STATE_KY_TIX_C99_S99.030.md) - [KRS § 99.040 99.040 Approval of development plan required](https://www.frixlaw.com/law-library/statutes/STATE_KY_TIX_C99_S99.040.md) - [KRS § 99.050 99.050 Conditions of approval of plan by planning commission](https://www.frixlaw.com/law-library/statutes/STATE_KY_TIX_C99_S99.050.md) - [KRS § 99.060 99.060 Conditions of approval of plan by supervising agency](https://www.frixlaw.com/law-library/statutes/STATE_KY_TIX_C99_S99.060.md) - [KRS § 99.070 99.070 Approval of amendments to plan](https://www.frixlaw.com/law-library/statutes/STATE_KY_TIX_C99_S99.070.md) - [KRS § 99.080 99.080 Fees for supervisory services -- Development by more than one corporation](https://www.frixlaw.com/law-library/statutes/STATE_KY_TIX_C99_S99.080.md) - [KRS § 99.090 99.090 Designation of supervising agency -- Grant of powers by ordinance](https://www.frixlaw.com/law-library/statutes/STATE_KY_TIX_C99_S99.090.md) - [KRS § 99.100 99.100 Organization of redevelopment corporation -- Articles](https://www.frixlaw.com/law-library/statutes/STATE_KY_TIX_C99_S99.100.md) - [KRS § 99.110 99.110 Existing corporation may become redevelopment corporation by amending articles](https://www.frixlaw.com/law-library/statutes/STATE_KY_TIX_C99_S99.110.md) - [KRS § 99.120 99.120 Forfeiture of rights of redevelopment corporation](https://www.frixlaw.com/law-library/statutes/STATE_KY_TIX_C99_S99.120.md) - [KRS § 99.130 99.130 Other corporations not to use "redevelopment" in name](https://www.frixlaw.com/law-library/statutes/STATE_KY_TIX_C99_S99.130.md) - [KRS § 99.140 99.140 Restrictions on redevelopment corporations](https://www.frixlaw.com/law-library/statutes/STATE_KY_TIX_C99_S99.140.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_TIX_C99_S99.050. Check the current official text before relying on it. Not legal advice.