Request By:
Mr. Christopher A. Clifton
Planning Director
Hopkinsville-Christian County Planning Commission
P.O. Box 1125 City Hall
Hopkinsville, Kentucky 42240
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of June 3, in which you request an opinion concerning the following:
"This is a request for information concerning the proper process by which zone change applications are processed in the City of Hopkinsville, Kentucky. My question is, pursuant to KRS 100.321, is it required that all zone change application's originate in the legislative body (City Council) and then be referred to the administrative body (Commission) for a trial-type hearing and subsequent recommendation back to the legislative body for final action, regardless of the recommendation by the Commission?"
KRS 100.211 concerning an amendment to zoning regulations reads in part as follows:
"(1) A proposal for amendment to any zoning regulation may originate with the planning commission of the unit, with any fiscal court or legislative body which is a member of the unit, or with the owner of the property in question. Regardless of the origin of the proposed amendment, it shall be referred to the planning commission before adoption. . ."
KRS 100.321 to which you refer reads in part as follows:
"Any legislative body in the planning unit must refer any change to the zoning regulation or official map regulation to the commission for its review before adoption."
KRS 100.211 clearly provides that a proposed zoning change may originate from any one of three sources; the property owner, the legislative body or the planning commission. Further, that regardless of the origin, it goes to the commission which indicates to us that it goes directly to the commission regardless of the originator. There is no direct or implied directive that all zoning proposals go initially to the legislative body for any purpose. See City of Louisville v. McDonald, Ky. 470, S.W.2d 173 (1981).
The planning commission is charged with the duty to hold a trial-type hearing regarding all proposals before they are referred to the legislative body with its recommendation for a final decision by that body. Thus, for example, if the proposed zoning change originates with the commission it proceeds directly to hold a hearing. KRS 100.211. Of course, any proposed change that originates from the private sector or the legislative body would likewise be referred directly to the commission as we previously indicated.
KRS 100.321 on the other hand must be read in conjunction with KRS 100.211 and simply amplify the fact that before any legislative body can make a zoning change such proposals must first be referred to the commission for review. must first be referred to the commission for revies. This statute does not in our opinion require all proposed changes be initially referred to the legislative body and we find no case law so indicating. In fact, aside from the McDonald case, the case of Montfort v. Archer, Ky. 477 S.W.2d 144 (1971) deals even more directly with the question where the court in referring to the factual situation related that: "An application (property owner) to rezone the entire tract to M3 was made initially to the Louisville Planning & Zoning Commission". (Emphasis added.)
We trust the above sufficiently answers your question.