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County attorney outlines 'alternate procedure' that would make Planning Commission recommendations final unless court opts in within 21 days
Summary
County Attorney Jordan Dallas described a Kentucky statute allowing the fiscal court to adopt an 'alternate procedure' so Planning Commission recommendations become final after a 21‑day window unless an aggrieved person files a written request; staff will return with sample materials and timelines
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County Attorney Jordan Dallas briefed the Boone County Fiscal Court on a state statute that permits an 'alternate procedure' for zoning map amendments: the Planning Commission's recommendation becomes final unless, within 21 days, the fiscal court or any aggrieved person files a written request that the court decide the matter.
Jordan said the approach compresses the usual review timeline (up to 90 days) and has been used by other Kentucky jurisdictions, including Kenton County and city governments that have implemented a similar process. "This would be an update to the zoning regulation," Jordan said, explaining the fiscal court would need to amend the zoning code to opt into the procedure.
Staff and commissioners discussed tradeoffs: the alternate process can speed routine, noncontroversial requests and reduce time and cost for private landowners, but it requires the court to review Planning Commission packets promptly and risks shortening the public's window to seek court review unless the court actively notifies the public and posts user-friendly guidance (Jordan offered to provide sample documents and a citizen 'how-to' form).
Why it matters: The process would shift some scheduling and monitoring burdens to the fiscal court and staff but could expedite approvals for low‑controversy, private subdivision requests and similar matters. Commissioners asked staff to return with draft language, sample timelines and a flow chart showing how the process would work in practice.
What’s next: County Attorney's office will perform additional research, provide sample materials, and work with planning staff to draft proposed language and a timeline for the court to consider.
