Request By:
Mr. Bill Cunningham
Attorney at Law
P.O. Box 581
Eddyville, Kentucky 42038
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of May 20, in which you relate that Lyon County has adopted planning and zoning pursuant to Chapter 100, KRS, and at the same time has enacted subdivision regulations, presumably pursuant to KRS 100.273, which requires all developers of subdivisions to have their proposed subdivision plats approved by the commission pursuant to KRS 100.277. These subdivision regulations impose certain restrictions on the size of lots. A campground in the county is leasing on a long-term basis small lots for the encampment of camping trailers. However, no proposed subdivision plat of this development has been presented, and under the circumstances you raise the following question:
"Is the owner and administrator of the campground in violation of KRS 100.277 by his failure to submit for the approval of the Lyon County Planning Commission a plat outlining those lots being utilized?"
The term "subdivision" is defined under KRS 100.111 (22), which reads in part as follows:
"'Subdivision' means the division of a parcel of land into three (3) or more lots or parcels except in a county containing a city of the first, second or third class or in an urban county government where a subdivision means the division of a parcel of land into two (2) or more lots or parcels for the purpose, whether immediate or future, of sale, lease, or building development, or if a new street is involved, any division of a parcel of land. . . ." (Emphasis added.)
The above definition of the term "subdivision" clearly indicates that the division of a parcel of land into two or three or more parcels in certain instances, depending on the size, and classification of cities within the county, for the purpose of immediate or future sale or lease or building development, constitutes a subdivision under the planning and zoning act which would require, pursuant to KRS 100.277, plat approval by the planning commission before any sale or lease of such parcels of land could legally be consummated.
From the bare facts presented, it would appear that the campground in question, the owners of which plan to lease small lots for the encampment of trailers, would constitute a subdivision within the meaning of the term as defined in KRS 100.111(22) and would thus require the owner of the campground to first present a plat to the commission for approval before any leasing of lots can be made. As a consequence, the owner of the campground in question would appear to be in violation of the terms of KRS 100.277.