Request By:
Honorable Fred Greene
Logan County Attorney
P.O. Box 306
Russellville, Kentucky 42276
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of April 9 in which you desire an opinion as to what constitutes "spot zoning. "
The term "spot zoning" is difficult to define and each case turns on its own facts and circumstances. Pierson Trapp Co. v. Peak, Ky., 340 S.W.2d 456 (1960). In the case of Aylor v. Sun Oil Co., Ky., 453 S.W.2d 18 (1970), the court cited many cases in which "spot zoning" has been condemned which we will not refer to here. At the same time it expressed the following general principle involving "spot zoning, " to wit:
". . . In the absence of special circumstances, the selection of a small tract for special use, after a comprehensive plan has been adopted, simply does not reasonably fit with the plan. It constitutes an exception favoring a particular property owner or owners. It is in the nature of special legislation, having no relationship to the general welfare."
Also, in Parker v. Rash, 314 Ky. 609, 236 S.W.2d 685 (1951), we find the following statement on the subject of what constitutes "spot zoning" :
". . . The ordinance simply selected one lot, owned by one person, and created for it a particular zoning classification different from that of the surrounding property. This type of legislation has generally been condemned. See note in 149 A.L.R. 292, wherein it is stated, page 293: 'So, generally speaking, it has been held that where an ordinance establishes a small area within the limits of a zone in which are permitted uses different from or inconsistent with those permitted within the larger, such "spot zoning" is invalid where the ordinance does not form a part of a comprehensive plan of zoning or is for mere private gain as distinguished from the good of the common welfare.'"
In McQuillin, Mun. Corps., Vol. 8, Sections 25.83 and 25.84, you will find a general text discussion of the subject of "spot zoning" which in some cases you will find is perfectly valid. We are therefore enclosing a copy of the text of these two sections together with the case citations of the various states, including of course Kentucky, which should assist you with respect to this complex issue.