Jones, 082319 KYAGO, AGO OAG 19-14

Case DateAugust 23, 2019
CourtKentucky
Lynn Jones, Mayor of Calvert City
AGO OAG 19-14
No. OAG 19-014
Kentucky Attorney General Opinion
Commonwealth of Kentucky Office of the Attorney General
August 23, 2019
         Subject: Whether the "agricultural supremacy clause" of KRS Chapter 100 allows a property owner to automatically, upon his or her declaration, change to "agricultural use" five (5) contiguous acres, and whether the "agricultural use" classification then takes priority over previously imposed zoning regulations.          Requested by: Lynn Jones, Mayor of Calvert City          Written by: Laura C. Tipton          Syllabus: Based on the guidance of Zeigler v. City of Ft. Mitchell, No. 2002-CA-002548-MR, 2004 WL 67686 (Ky. App. Jan. 16, 2004) (unpublished), it is the opinion of this office that a property owner may not convert his or her five (5) contiguous acres to "agricultural use" within the meaning of KRS 100.111(2) where preexisting zoning regulations prohibit such use. Thus, if the agricultural use of the property pre-dates the relevant zoning ordinance, the property is exempt from the zoning regulations. If, on the other hand, the zoning ordinance is in place before the property's agricultural use commences, the zoning regulations prevail.          Statutes construed: KRS 100.203(4), KRS 100.111(22), KRS 413.072, KRS 100.111(2)          OAGs cited: None.           OPINION OF THE ATTORNEY GENERAL          Lynn Jones, Mayor of Calvert City, Kentucky, requests an opinion of this office regarding the "agricultural supremacy clause" of KRS Chapter 100. Mayor Jones advises that Calvert City has property in residential zones that exceeds five (5) contiguous acres. Accordingly, Mayor Jones asks whether the agricultural supremacy clause allows a property owner automatically, upon his or her declaration, to convert five (5) contiguous acres to "agricultural use," and whether the "agricultural use" classification takes priority over earlier imposed zoning regulations.          Based on the guidance of Zeigler v. City of Ft. Mitchell, No. 2002-CA-002548-MR, 2004 WL 67686 (Ky. App. Jan. 16, 2004) (unpublished), we find...

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