Request By:
Mr. Brad G. Loar
Community Planner
FIVCO Area Development District
P.O. Box 636
Catlettsburg, Kentucky 41129
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of May 23 in which you request an opinion concerning the following:
"The City of Worthington, Kentucky, a city of the 4th class, located in Greenup County, had a legally constituted planning commission, comprehensive plan and zoning ordinance, all created in 1968. Since that time only a few meetings of the planning commission have been held. Neither the comprehensive plan nor the zoning ordinance have ever been updated. To the city's knowledge no re-zoning has ever occurred. The city has not made any effort to legally disband the planning commission.
* * *
"First question, from the information given, does the city of Worthington currently have a legally constituted planning commission, thus able to enforce its 1968 zoning ordinance? Second, if it is determined that the City of Worthington does not have a planning commission would they be required to join the Greenup County Joint Planning Commission in order to conduct planning activities, or could they 'reactivate' their own commission?"
Based on the facts presented above, we would be of the opinion that the city of Worthington has presently in effect a legally constituted planning commission authorized to enforce the 1968 zoning ordinance.
Pursuant to Ch. 100, particularly KRS 100.133, a planning commission must be established and members appointed by the city in order for the city to engage in planning operations. Also, of course, zoning regulations must be adopted pursuant to KRS 100.207 in compliance with the comprehensive plan which can be enforced following the creation of the board of adjustment under KRS 100.217. The fact that the city has apparently complied with this requirement would clearly indicate that the city continues to have the legal authority to plan and zone in spite of the fact that the commission has been dormant for a period of time and no updating of the comprehensive plan or zoning ordinance has taken place for sometime.
In view of our response to your initial question, your second question becomes moot.