Request By:
Honorable Dale T. Wilson
Attorney at Law
West Building
204 Main Street
Florence, Kentucky 41042
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of January 20 in which you, as legal counsel for the Boone County Planning Commission, relate that said commission is reviewing two situations involving massive map amendments and need a clarification on the type of notice that must be given. The facts relating to the two proposed changes are as follows:
"More specifically, one of the situations involves an incorporated city which was an unincorporated area of the county when the initial zoning regulations and map were adopted. The incorporated city is now in the process of preparing zoning regulations and map which substantially change the regulations and map pertaining to that portion of what was previously unincorporated area of the county.
"The second situation involving massive map amendments relates to a part of a city which is a member of the joint planning unit. This particular city is not so entirely affected as the first situation set forth above, but it does involve at least fifty pieces of property. The possibility of this massive map amendment is primarily brought about by an extensive state improvement in the widening of Kentucky Route 18. . . ."
With respect to the notice requirements in connection with the above referred to extensive zoning changes and map amendments, your question involves whether or not individual notices must be given to all property owners as required by KRS 100.212 or simply the publication requirements of KRS Ch. 424 be followed prior to the hearing as required under KRS 100. 207 and KRS 100.211.
This office has taken the position in a number of opinions, namely OAG 72-446 and OAG 74-513 [copies attached], that the notice requirements under KRS 100.212 apply only to individual proposed zoning changes of a particular piece of property and not massive revisions. The reasons for the conclusion reached in the referred to opinions are self-explanatory and will not be restated here.
Thus, we believe that where you have a major change in zoning regulations and map amendments, such as indicated by your factual situation, the notice requirements found under either KRS 100.207 or KRS 100.211 would be sufficient. This means that notice must be given pursuant to KRS Chapter 424.
Under the circumstances, therefore, we are in agreement with your conclusion.