Lexington staff outlines ordinance rewrite to comply with House Bill 443, limits on commission discretion

Lexington planning staff briefed the Planning Commission on January 23 about changes they will propose to the city's zoning and subdivision regulations to comply with House Bill 443, and the timetable to have the changes in effect by July 1, 2025.

The discussion centered on the law's requirement that local rules for subdivision plats and development plans be "objective standards" and administered ministerially under KRS 100. "House Bill 443 was adopted April 4, 2024, in order to create a new section of KRS 100 that ... mandates that local governments update their processes," Tracy Wade, planning staff presenter, told the commission. Wade said the staff has drafted text amendments to update definitions and many articles of the zoning ordinance, revise development-plan procedures, and clarify when the commission can exercise discretion.

Why it matters: The staff said the changes will constrain the commission's current practice of using judgment on some development-plan details. Wade said many aspects of the current zoning ordinance already use objective, measurable standards (setbacks, height limits) but that some provisions and procedures will have to be rewritten so approvals that meet adopted standards can…