County counselor to draft planning commission resolution as next step toward zoning; commissioners set timeline

Bourbon County's county counselor advised commissioners on July 21 that establishing a planning commission is the statutory step required before adopting county zoning regulations.

County Counselor Robert Johnson ("Bob" in the transcript) reviewed the statute that governs fence viewers and zoning procedures and said a planning commission (often called a zoning board) should be created as a formal body to hold public hearings, consider public input and report recommendations to the commission. "If you take that formal action, we could draw up a a resolution to establish the planning commission to start that," Johnson told the commission.

Johnson said the planning commission would hold at least one public hearing after notice and provide a recommendation back to the board of county commissioners; the commissioners retain the ultimate authority to adopt zoning. Counsel also said the commission must follow statutory notice requirements for hearings and that creating the planning commission is not the same as adopting zoning — it only creates the body that would eventually consider zoning proposals.

Next steps: Johnson said he would draft a proposed resolution forming the planning commission and email it to the commissioners for review. Commissioners agreed to place the draft resolution on the August meeting agenda for formal consideration.

Why it matters: Formally establishing a planning commission is often the first legally required step before adopting county zoning. Commissioners and staff noted the action would trigger public hearings and outreach, and that it could be contentious depending on the commission's eventual recommendations.

No vote or ordinance was adopted July 21; counsel will return a draft resolution for the commission to consider in August.