Request By:
Bullock Funeral Homes
461 Elm Street
Ludlow, Kentucky 41016
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of March 22 in which you raise the question as to whether or not you would be entitled to continue as a member of the Board of Adjustments of the city of Ludlow under the following conditions:
"1. My residence was on the 2nd floor of our funeral home at 461 Elm Street from July 10, 1949 until I moved to 3 Beechwood Rd., Ft. Mitchell, Ky., on Dec. 12, 1976.
"2. My wife and I own 461 Elm Street, 455 Elm Street, 463 and 465 Elm Street, all adjoining property to the funeral home. My son, Dan, now occupies the apt. we vacated and is connected with our business.
"3. I am currently employed at the Bullock Funeral Home and spend most of my working hours in this business."
Your question involves the residential requirements for membership on the Board of Adjustments pursuant to KRS 100.217. This statute provides for the appointment of members of the board but does not require that members selected to represent the city be residents of the city. As a matter of fact, no residential requirements are found under this statute.
A similar question was raised with respect to membership on the planning and zoning commission in OAG 76-560 [copy attached]. This opinion points out that KRS 100.133 [which controls the membership of the joint planning commission] contains nothing that would require members representing the various cities to legally reside within the city and concluded that a nonresident of the city could be selected to represent the city.
The facts you have related concerning your residence would indicate that you legally reside in Ft. Mitchell, Kentucky, though you retain property in the city of Ludlow under the principles governing legal residence. We will not go into these principles since we believe that legal residence in the city is not required under KRS 100.217.
Since there are no residential requirements for membership on the Board of Adjustments, the appointing authority could select a member who is a nonresident of the city.