Request By:
Hon. David K. West,
Jessamine County Judge Executive
Opinion
Opinion By: ANDY BESHEAR,ATTORNEY GENERAL;Sam Flynn,Assistant Attorney General
OAGs cited: OAG 79-258.
Opinion of the Attorney General
Jessamine County Judge Executive David K. West requested an opinion of this office as to whether the Kentucky Manufactured Home, Mobile Home, and Recreational Vehicle Community Act of 2002, KRS 219.310-410, ("the Act") and the regulations adopted thereunder, 1 pre-empt local regulation of mobile and/or manufacture home parks under KRS Chapter 100. Although this Opinion does not speak directly to the Jessamine County's zoning ordinances, 2 we generally find that ordinances are consistent with the Act, to the extent they prescribe the same or more stringent standards, under to KRS 67.083(6).
Pursuant to KRS 67.083(3)(k) 3 a county fiscal court has the authority to enact ordinances and issue regulations in the area of "[p]lanning, zoning, and subdivision control according to the provisions of KRS Chapter 100." KRS 100.201, 100.203, and 100.207, enable city, county, urban-county and metro governments to consider and adopt zoning regulations. KRS 67.083(6) specifically governs the relationship between county and state regulation of the same area-including planning, zoning, and subdivision control under KRS Chapter 100. KRS 67.083(6) provides the following:
(6) If a county is authorized to regulate an area which the state also regulates, the county government may regulate the area only by enacting ordinances which are consistent with state law or administrative regulation:
4
(Emphasis added).
The fiscal court shall have the power to carry out governmental functions necessary for the operation of the county. Except as otherwise provided by statute or the Kentucky Constitution, the fiscal court of any county may enact ordinances, issue regulations, levy taxes, issue bonds, appropriate funds, and employ personnel in performance of the following public functions
902 KAR 15:010 provides state standards of conduct for mobile home parks. Specifically, Section 3 of the regulation provides "Location and General Layout Standards," including the minimum size of each recreational space, the minimum distance between vehicles, minimum distance between each vehicle and the public streets, highway right-of-ways, and community property lines, as well as minimum widths for community streets. See 902 KAR 15:010, Section 3(5)-(7) and (10). Because the 902 KAR 15:010, Section 3 provides minimal state standards of conduct in these areas, the county may establish ordinances which are more stringent that the state standards, pursuant to KRS 67.083(6). Notably, KRS 219.360(5) also expressly contemplates that local zoning regulations may place additional requirements on mobile home communities.
(5) A permit to construct, alter, or operate a community does not relieve the applicant from securing a local building permit if required, or from complying with any local zoning or other legal requirements .
(Emphasis added).
Accordingly, we find that county ordinances are not in conflict with the provisions of 902 KAR 15:010 setting minimal standards of conduct, to the extent the ordinances prescribe standards that are as stringent or more stringent than the state standard.
Footnotes
Footnotes
1 Judge Executive West specifically references 902 KAR 15.010.
2 This Office was not provided a copy of the local zoning ordinances for Jessamine County.
3 KRS 67.083(3) provides
4 See e.g., OAG 79-258 (pursuant to KRS 67.083(6) a county may enact an ordinance pertaining to junk yards which is more restrictive that the state statute).