Request By:
Mr. Dennis A. Gordon
Director
Hardin County Planning Commission
Court House/Public Square
Elizabethtown, Kentucky 42701
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of October 29 in which you state that the Planning Commission is in the process of formulating their zoning regulations for the unincorporated portion of Hardin County. In the meantime, however, and prior to the activation of the Commission in 1979 certain local developers and land owners proceeded to file subdivision plats, most of which have never been developed. Under the circumstances, you initially raise the following question:
"1. Following adoption of our land use regulations, must these platted lands be considered pre-existing residential uses thus exempting them from provisions of our ordinance?"
Our response to the above question would be in the affirmative and we are enclosing a copy of OAG 82-389 in which we point out that the provisions of Chapter 100 KRS and regulations adopted pursuant thereto, particularly with respect to zoning and subdivision regulations, have prospective effect only and are therefore not retroactive. This opinion cites among others the case of
Lampton v. Pinaire, Ky. App., 610 S.W.2d 915 (1981) from which we quoted the following:
"We have no quarrel with the general proposition that zoning changes as to lot size which occur after a subdivision plat is recorded and approved and development begun should not be allowed to interfere with the development of the property according to the original plat. "
In view of the answer to your first question, your second question becomes moot. Your third question is as follows:
"3. If these subdivisions must be considered pre-existing uses, does this organization have any authority to establish certain development standards in the event the subdivisions are ever developed?"
As we indicated above, zoning or subdivision regulations have no retroactive effect and as a consequence the owner of a pre-filed plat may sell lots in accordance with the recorded plat irrespective of subsequent regulations to the contrary. However, the subsequent adoption of zoning regulations under KRS 100.203 and subdivision under KRS 100.281 that are not in contradiction to the pre-recorded plat, as would normally be the case with respect to development standards, would be enforceable we believe in a subdivision as it is developed.