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County attorney: Moratoriums aren’t enforceable without countywide zoning; court schedules zoning town halls
Summary
Barren County Fiscal Court set two July town halls to gather public input on zoning and was briefed by the county attorney, who said moratoriums in counties without countywide zoning function as delays rather than enforceable bans and explained the legal process under KRS 100.
Judge Byrd announced two public town halls on zoning — July 14 at Temple Hill Elementary and July 21 at Austin Tracy Elementary, both from 5 to 7 p.m. — and said residents who cannot attend may drop written comments in a box at the judge executive's office.
The court’s county attorney gave a detailed legal briefing on moratoriums and zoning, telling the court and members of the public that moratoriums in counties without countywide zoning “are just not enforceable.” The attorney said moratoriums delay activity but do not create the statutory enforcement powers that zoning procedures grant, and urged residents to use the town halls to learn how the zoning process would work.
“Through the zoning process … you do have, like, for example, a board of adjustments … they have subpoena powers,” the county attorney said, describing conditional uses, board-of-adjustment authority and the procedural steps under Kentucky law. The attorney emphasized that counties that adopt zoning must follow KRS 100 and related procedural requirements, and that model ordinances circulating on the internet sometimes mask underlying land-use regulation that, in practice, amounts to zoning.
Judge Byrd said the town halls will follow a sign-in procedure, allot two minutes per speaker and focus on zoning-related questions and concerns. He named Kevin Knight from the planning and zoning department and “Mr. Richardson” as staff who will attend to answer technical questions.
The judge also described additional outreach measures: magistrates were asked to attend, and a secure drop box will be placed in the judge executive’s office to collect written comments for those who prefer not to speak publicly. The town halls are intended to inform residents about how zoning would work locally and to collect community input ahead of any formal zoning steps.
The fiscal court did not take any binding zoning action at the meeting; the session focused on outreach and explanation of legal options and limitations. The next fiscal court meeting is scheduled for July 21 at 9 a.m., with the second town hall that evening at Austin Tracy Elementary.
