Committee Member 2, advisory committee member, moved that the advisory group recommend the Bourbon County Commission adopt a zoning resolution; the motion was seconded and approved by voice vote.
The recommendation, framed as limited zoning outside the county’s cities, directs the commission to develop rules that would require certain industrial or commercial uses either to seek conditional-use permits or to be rezoned, and asks staff and the planning board to refine definitions and standards for setbacks, screening and temporary events.
The committee said the measure is intended to set “guardrails” rather than to block development. Committee Member 3, advisory committee member, said zoning “isn’t shutting the door” but would require applicants to meet established criteria. Committee Member 1, advisory committee member, argued the ordinance should be “forward thinking” so it can address future uses such as data centers or energy storage systems.
Why it matters: The committee’s recommendation would change how land beyond city limits is regulated, affecting solar projects, manufacturing and other commercial activity. Members repeatedly cited residents’ concerns about personal-property rights, litigation costs and the need for clear, durable standards for setbacks, screening and permitted uses.
Key discussion points
- Scope and timing: Several members urged moving forward rather than waiting for an election; others emphasized the need to do the work properly and to avoid creating rules that would unduly burden small, local businesses. The committee voted to delay presentation of its final proposal to the County Commission until June 9 to allow one more meeting to compile and polish recommendations and agreed to meet next Wednesday at 6 p.m. for that work session.
- Definitions and process: Committee members asked the planning board and county staff to produce clearer definitions distinguishing commercial from industrial uses. Suggested criteria included building footprint, employee counts, traffic generation, outdoor storage, noise, odor and use of hazardous materials. Members discussed two regulatory paths for larger industrial uses: conditional-use permits or rezoning.
- Solar-specific concerns: Members proposed setbacks and screening standards to reduce visual and perceived safety impacts. Suggested setbacks included a minimum of 1,000 feet from lightly used roads and 1,320 feet (a quarter-mile) from populated roads or homes; members also recommended perimeter vegetation and fencing as required mitigation. Some members urged avoiding overly prescriptive numbers in this advisory recommendation and instead asked staff to compare other counties’ setbacks and incorporate legally tested language tied to the county’s comprehensive plan.
- Small businesses and agriculture: The committee repeatedly emphasized protecting small, farm-based and home-based businesses. Several members asked that recommendations avoid creating a process that would force every small enterprise to seek a conditional-use permit for routine activities. Members suggested the planning board draft thresholds that distinguish small commercial/agricultural enterprises from larger industrial operations.
- Temporary events and recreation: Committee members recommended that short-term or temporary events that provide local economic benefit not be unduly restricted; several suggested permitting only when events exceed a defined number of days.
Public input and polling: Committee Member 7, advisory committee member, reported the observational tallies the panel collected at three public meetings: Uniontown — 13 opposed, 4 undecided, 9 in favor (32 present at the start); Fulton — 9 opposed, 9 undecided, 24 in favor (64 present at the start); Fort Scott — 9 opposed, 3 undecided, 18 in favor (53 present at the start; 38 present at the vote). The committee said many attendees left before the end of meetings and noted its own polls showed more attendees in favor than opposed among those who participated.
Procedure and next steps: The committee approved the formal recommendation to the County Commission by voice vote; the transcript records the motion, a second and the chair’s call for “all in favor,” and committee members then set a schedule to finalize language and to meet again for a short meeting before the Commission presentation. The committee asked that its final submission include a section summarizing community feedback, the suggested definitions and the items it considers highest priority (property-rights protections, protection for small businesses, clear definitions of industrial/commercial use, solar setbacks and screening, and procedures for conditional use and rezoning).
What the committee did not decide: The committee did not adopt final numeric thresholds for setbacks, employee counts or footprint sizes; members left those specifics to the planning board and county staff to research and draft. Several members said they wanted legal review of setback enforceability and to compare other counties’ language that had been upheld in court.
Quotes
"I think vote that the that we recommend the county commission adopts a zoning resolution," Committee Member 2, advisory committee member, said when moving the recommendation.
"Pay me now or pay me later," Committee Member 1, advisory committee member, said while summarizing the potential litigation costs of not regulating large-scale projects.
Ending
The committee’s recommendation will go to the Bourbon County Commission with a request for staff and the planning board to draft implementing language that protects small local businesses and agricultural uses while requiring conditional-use review or rezoning for larger industrial or commercial projects. The committee scheduled another work session to finalize its list of priorities and asked that the final recommendation include the community feedback it gathered during the three forums.