Franklin County adopts alternate zoning process, adds 5‑day notice for commission summaries

Franklin County Fiscal Court on Feb. 12 adopted an amendment to county zoning code sections 155.071 and 155.072 that permits the alternate zone‑change process provided under KRS 100.2111 and adds a five‑day deadline for the planning department to forward a summary of the planning commission's action to the fiscal court.

The change, presented at second reading by Autumn, planning department staff, is intended to speed routine, noncontroversial zone changes while preserving statutory safeguards. Under the state statute cited in the discussion, a planning commission's final action triggers a 21‑day window during which members of the public may file a written request asking the fiscal court to assume jurisdiction under the standard review process; if no such request is filed, the commission's action becomes effective after 21 days.

Autumn told the court the department will send a concise summary of the planning commission's vote and a link to meeting materials the day after the commission acts, rather than waiting for posted minutes. "We can include a link to the video and a summary of what that action was," she said, explaining that the packet would enable the fiscal court to either take the item for the traditional review or allow it to proceed under the alternate procedure.

Several justices sought clarification on timing and safeguards. One commissioner asked whether the summary should be tied to the commission's final vote rather than a public hearing; Autumn said the 21‑day clock starts with the commission's final action and that a public hearing without a final vote would not start the clock. The county attorney (unnamed in the record) confirmed the statutory language and cautioned against altering the underlying statute's required steps.

Another concern focused on the statutory phrase "entire legislative body," which requires a majority of the full fiscal court to override a planning commission recommendation. Commissioners noted that recusals for conflicts of interest could reduce the number of available votes and therefore make overrides less likely; the county attorney said the phrase is taken directly from state law and should remain as written.

After discussion the court approved the ordinance as amended to add a requirement that the planning department forward a summary of the planning commission's action to the Franklin County fiscal court within five days. The ordinance was adopted by voice vote.

The amendment does not remove the ability of an "aggrieved person" to request the alternate process be sent to the fiscal court for traditional review; commissioners emphasized that any resident who wishes to challenge a map amendment must file the written request within the statutorily prescribed period. The court's action modifies only the county's internal timing for transmitting the commission's summary and does not change the statutory deadlines that govern when a map amendment becomes law.

The fiscal court recorded the second‑reading approval in the voting session and confirmed the five‑day summary requirement would be added to item C of the ordinance language.