Request By:
Mr. Lynn H. Martin
Administrative Official
Bullitt County Planning Commission
P.O. Box 55
Shepherdsville, Kentucky 401650055
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of July 16, in which you as the duly appointed administrative officer of zoning regulations request an opinion concerning the following:
"(1) Under KRS 100.271 and Article 7 Sections 101 and 400 of the Bullitt County Joint Zoning Ordinance, as enclosed, does anyone individually or corporately, with the exception of the Bullitt County Board of Adjustment or a proper court of law, have the inherent authority to overrule a decision made by the Administrative Official in the course of his or her duties? This question is specifically directed to the official relationship between the Administrative Official and the Judge Executive and or any other city or county elected official.
(2) Would it be legal and or proper for a Judge Executive to order an Administrative Official to sign written approval for subdivision development while the same Administrative Official has been instructed not to approve subdivision development plats by the Planning Commission?
(3) Does a joint planning commission have the authority to delay its approval for subdivision development plats for 90 days for the intended purpose of drafting subdivision regulations and declare a moratorium for that specific period of time?"
Our response to your initial question would be in the negative. KRS 100.271 authorizes the appointment of a person as administrator of the zoning regulations. The portion of the zoning regulations enclosed relating to the administration and enforcement thereof, and designated as Article 7, gives the board of adjustment the sole authority to overrule a decision of the administrator with respect to the issuance of building permits or certificates of occupancy. This is presumably based on the provisions of KRS 100.257 which reads as follows:
"The board of adjustments shall have the power to hear and decide cases where it is alleged by an applicant that there is error in any order, requirement, decision, grant, or refusal made by an administrative official in the enforcement of the zoning regulation. Such appeal shall be taken within sixty (60) days."
Under the circumstances, no duly elected official, county or city, would have any authority to overrule a decision made by the administrator of zoning regulations.
Our response to your second question would also be in the negative since KRS 100.277 specifically requires that all subdivisions land shall be approved by the planning commission. Thus, the matter of subdivision approval is strictly under the jurisdiction of the planning commission and no other city or county official.
In response to your third question concerning a declaration of a moratorium on building construction, we are enclosing a copy of OAG 77-540 covering this subject which declares that a reasonable moratorium can be adopted, depending on the factual circumstances involved. Incidentally, we have just forwarded a copy of OAG 77-540 to Michael B. Daniels of the Pioneer News in Shepherdsville.