Approvals
The County does not post meeting minutes, agendas, or recordings on their website. No written roster or details for the Planning and Zoning Commission or the Board of Adjustments was in evidence after extensive County website and internet searches. Some videos of Fiscal Court, Planning Commission, and Board of Adjustment meetings were posted by the outgoing Judge, Todd Pollock
Trimble County is primarily an agriculturally zoned region with an emphasis on maintaining the integrity of the area’s agricultural character while permitting new industry and development. To move forward with development, Vesper must present a proposal that is consistent with the county Comprehensive Plan and receive the following approvals:
- Potential zoning map change (seeking affirmative recommendation from Planning and Zoning Commission and final approval by Fiscal Court)
- Conditional Use Permit (can happen simultaneously with zoning changes, seeking approval by Board of Adjustments)
In addition to county requirements, the developer must seek approval from the Kentucky State Electric Generation and Transmission Siting Board.
- Construction Certificate (approval by State Siting Board)
More Details on the Processes:
The commission was formed in 2016, and terms are for four years. The Planning Commission has the authority to evaluate applications and requests for use permits and rezoning, and to provide written findings and recommendations to the Fiscal Court for a final decision. It is unclear how many members are on the Commission, and no official documents stating membership, purpose, and duties were found.
A majority of the Court can override a recommendation of the Planning Commission.
Application Process
Rezoning/zoning map amendment
Any land not otherwise designated into a zoning district is deemed to be zoned A-1 or A-2, Farm-Oriented Agriculture District. Conditional use as a solar utility is not specifically banned and has good potential for approval since other uses like sewage disposal plants and oil and gas extraction are named as potential uses with a Conditional Use Permit.
(Zoning Ordinance: 650 Agricultural Districts–Farm-Oriented Agriculture District A-1, p.14-17 and Rural Residential Agricultural district A-2, p.18)
Anyone seeking to subdivide agricultural land for non-agricultural use must:
A. Obtain a zoning change to the appropriate zoning district.
B. Conform with the Trimble County Subdivision Regulations.
C. Conform with the dimension and area requirements for that zone.
(Zoning Ordinance: 720 Subdivision of Agricultural Land, p. 49)
Process and Timeline
Applications to amend the zoning map are reviewed by the Planning Commission. The Commission then schedules, notices, and holds a public hearing. It then votes on a recommendation and forwards it to the Fiscal Court.
- Commission reviews application
- Schedules and holds a public hearing
- Votes on a recommendation
- Submits written findings and recommendation to the Fiscal Court
- The Court examines the findings and votes on the Commission’s recommendation.
The Planning Commission or the Fiscal Court must find that the map amendment application is in agreement with the Comprehensive Plan.
The Commission is required to act within 65 days unless the applicant signs a waiver of that time period.
The Fiscal Court takes final action on a proposed zoning map amendment within 90 days of the date upon which the Planning Commission has taken its final action on the application.
The Board of Adjustments
The Board usually consists of five members, but one member passed away and the outgoing fiscal court decided to let the new court appoint a replacement in 2023. Membership as stated in the December 2022 meeting was: Mike Dunaway, Jeff Dziedic, Cindy Liter, Dana Arnold.
[Trimble County Board of Adjustments Meeting | Conditional Use Permit | December 2022]
Conditional Use Permit (CUP): [Conditional Use Permit Application]
Where a map amendment is combined with one or more conditional use permits or variances the applicant may elect to have the use permits and variances heard and decided by the Planning Commission at the same public hearing set for the map amendment, or by the Board of Adjustment (KRS Chapter 100)
A Conditional Use Permit is defined by the Zoning Ordinance as:
Legal authorization to undertake a conditional use, issued by the Administrative Official pursuant to authorization by the Board of Adjustments, consisting of two parts:
a. A statement of the factual determination by the Board of Zoning Adjustment which justifies the issuances of the permit; and
b. A statement of the special conditions which must be met in order for the use to be permitted.
When applying for a CUP, it may be useful to refer to Section 650 (I)(C)(12) of the Zoning Ordinance, which allows for broader uses, which states in part:
Because of the many changes now occurring in the agricultural economy of this county and the need to encourage farmers and farm owners to find alternative means of producing income while maintaining the agricultural integrity of the surrounding area, it is recognized that conditional uses may be appropriate in the A-1 district for non-agricultural uses, quasi-agricultural uses and for uses which are not directly agricultural but which may tend to support the agricultural community.
State Siting Board [Electric generation and transmission]
A Construction Certificate for the facility from the Kentucky State Board on Electric Generation and Transmission Siting (“Siting Board”) is required for merchant solar projects 10 MW or greater. The Siting Board may not override city or county planning and zoning requirements so long as the local codes are established.
Decision-Makers
Zoning Map Changes
- Planning and Zoning Commission
- Fiscal Court
Conditional Use Permit
- Board of Adjustments
