Request By:
Mr. Jess Crawford
Housing Director
City of Mayfield
211 E. Broadway
Mayfield, Kentucky 42066
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of February 16, in which you raise a question concerning the legality of spot zoning.
Spot zoning may be justified where it is germane to an object within the police power of the city and no hard and fast rule that such zoning is illegal can be announced, as pointed out in McQuillin, Municipal Corporations, Vol. 8, § 25.84. In other words, there are exceptional cases in which "island" or "spot" zoning is a valid exercise of police power. However, the decision in each case turns on its own facts and circumstances. See
Pierson Trapp Co. v. Peak, Ky., 340 S.W.2d 456.
As pointed out in the case of
Aylor v. Sun Oil Company, Ky., 453 S.W.2d 18 (1970), spot zoning is generally condemned for the following reason:
"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 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. "
See
Polk v. Axton, 306 Ky. 498, 208 S.W.2d 497 (1948),
Parker v. Rash, 314 Ky. 609, 236 S.W.2d 687 (1951),
Mathis v. Hannon, Ky., 306 S.W.2d 278 (1956), and
Fritts v. City of Ashland, Ky., 348 S.W.2d 712 (1961), wherein spot zoning has been condemned. In the Mathis case, the Court stated the following:
"In
Polk v. Axton, 306 Ky. 498, 208 S.W.2d 497, 500, which is cited as authority in the Shemwell case, it is said:
'What is known as 'spot zoning' is generally frowned upon by the courts. While the City Council has broad powers in respect to zoning, it is without authority to single out one lot in an amendatory ordinance and arbitrarily remove therefrom restrictions imposed upon the remaining portions of the same zoning district. There must be reasonable ground or basis for the discrimination. It is only where zoning ordinances are related in some way to the health, safety, morals and general welfare that they are valid.
Selligman v. Von Allmen Bros., 297 Ky. 121, 179 S.W.2d 207."
As indicated above, spot zoning is generally considered invalid; however, not in every instance, depending on whether there is a reasonable basis for its existence and this in turn is dependent upon the factual situation.
We trust the above will be of some assistance to you; however, we suggest you consult with the city attorney.