County to remove out‑of‑date zoning language and align notice rules with state law, staff says

County planning staff told the court they will present four text amendments to the zoning ordinance intended to remove language a judge previously ruled invalid and to align meeting‑notice practices with state law.

Adam, a planning staff member, said the ordinance still contains provisions dating to 1995 that directed the planning commission to place non‑listed uses into zones, and that "Judge Easton ruled that that was illegal" and the language should be removed. "So I need to take that out so some attorney doesn't try to say, wait a minute," Adam said.

Two of the remaining amendments would change how the county notifies residents about zone changes and conditional‑use permits. For decades the county mailed notices to owners within a 1,200‑foot radius and posted additional public notices; Adam said 18 of 25 comparable Kentucky jurisdictions notify only the adjacent property owners following state statute. He said the county will continue to post newspaper ads and post notices on the county website three weeks before hearings to keep the public informed.

Adam told the court the planning commission will consider the text amendments next Tuesday; staff will coordinate with county clerks to prepare any resolution and, if schedules permit, seek a first court reading on July 28 (or August 11 if July 28 is not feasible).

Officials asked whether the changes were controversial; Adam said the removal of the invalid language should be noncontroversial and that the notification amendments reflect legal counsel's advice to reduce exposure to additional lawsuits.

The court did not vote on the amendments at the meeting; Adam said he will bring a resolution to the planning commission and coordinate scheduling with county staff.