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Jan. 16, 2004) (unpublished), it is the opinion of this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(unpublished), we find...