Meeting of February 17, 2026
Breckinridge County Fiscal Court Special Called Meeting P&Z 021626 · Watch on YouTube ↗
Summary
Breckinridge County Fiscal Court Special Called Meeting: Planning & Zoning
This special meeting was held solely to gather public input on whether Breckinridge County should adopt planning and zoning. No decision was made — the Fiscal Court emphasized this was purely an informational and listening session.
Jennifer Smart, Director of Meade County Planning & Zoning, gave an extensive presentation explaining how planning and zoning works under KRS 100: the roles of the planning commission (advisory), the fiscal court (final legislative authority), the board of adjustments (variances/appeals), and the administrator (enforcement). She explained fee structures, staffing costs, permit processes, agricultural exemptions, and the pros and cons counties experience, using Meade County's history — including a failed attempt to regulate solar before it arrived and a moratorium later placed on data centers — as a case study.
Many residents spoke, with a wide range of views. Several people expressed strong opposition to any zoning that would regulate driveways, small buildings, or farm structures, worried about cost, government overreach, and burdens on lower-income residents. Others, including the county's economic development director and several residents concerned about solar farms and AI data centers, argued that a targeted, proactive land-use policy could protect the county's water, agriculture, and character while still providing predictability for legitimate businesses. Several speakers suggested forming a committee to research and draft a tailored policy rather than adopting a generic zoning code, and one asked that any decision be delayed until after the November election since most sitting magistrates are not running again.
No formal action was taken on planning and zoning itself; the only formal motion of the evening was to adjourn the meeting.
Agenda (13)
- 0:06
Roll call
All magistrates and the judge executive were present and answered roll call.
- 0:20
Purpose of meeting explained
Judge Lucas explained that the sole purpose of the meeting was to gather public input on planning and zoning, not to make any decision, and introduced Jennifer Smart from Meade County Planning and Zoning.
- 2:15
Presentation: What planning and zoning is and isn't
Jennifer Smart explained that planning and zoning is a local land use framework that regulates use, location, and development standards but does not take property or force development.
- 3:19
How planning and zoning works in Kentucky (KRS 100)
Smart detailed the roles of the planning commission, fiscal court, board of adjustments, and administrator under Kentucky statute.
- 6:14
Who holds the power
Explanation of which body holds authority over ordinance adoption, rezonings, variances, and enforcement.
- 8:13
Costs, fees, and staffing in Meade County
Discussion of permit fees (30 cents per square foot), staffing (3 employees), and inspection costs in Meade County.
- 9:46
Comprehensive plan requirement
Smart explained that a comprehensive plan is required by the state, must be updated every five years, and requires fiscal court to set land use goals and objectives.
- 11:24
Powers and limitations of planning and zoning
Smart outlined what planning and zoning can and cannot do, including that it cannot override state/federal law or decide private property disputes, using the Hancock County data center example as illustration.
- 15:18
Benefits and drawbacks of planning and zoning
Discussion of potential benefits (predictability, protecting agriculture, reducing legal risk) and drawbacks (added cost, longer approval timelines, public scrutiny) of adopting planning and zoning.
- 21:49
Meade County's experience with solar and data centers
Smart discussed how Meade County lacked solar regulations when a large solar farm was approved, and later imposed a moratorium on data centers after a rezoning for one failed.
- 40:34
Public comment period
Numerous residents spoke, including Chance Peterson, John Whipple, Haley Rhodes, Meredith Dubris, Frankie Anthony, Misty Mitchum, Christy Compton, Charlie Corbett, Carl H, Jill, JJ Sanders, Chris Moore, and Sarah Durn, offering a range of views on planning and zoning, farm exemptions, data centers, and solar farms.
- 1:30:32
Clarifications from Jennifer Smart
Smart returned to clarify that counties can choose whether to charge fees, require driveway/building permits, and can do zoning without full planning, addressing concerns raised by the public.
- 1:38:16
Closing remarks and adjournment
Judge Lucas thanked attendees and Jennifer Smart for their time, and the court moved to adjourn.
Motions & votes (1)
- 1:38:57
passedMotion to adjourn the meeting
all say i
Transcript (81 segments)
- 0:00
Okay, we're going to go ahead and call the meeting to order and have roll call first. — Squire Armstrong — here. — Squire Be — here. — Squire Greenwell here. — Judge Lucas here. — Squire Albright — here. — Squire Moore — here. — Square Henning — here. — Okay. The only business we have tonight is to get input really from the public about planning and zoning for Rage County. Now, we're not going to make a decision yes, no or anything. We just want input from you all as much as anything, anformational meeting. Uh we are pleased to have with us too, Miss Jennifer Smart from the She's the director of the me county planning and zoning uh commission and you all had planning and zoning I think since 98. So Jennifer, we thank you for taking time and hopefully you can educate all of us. — I did provide you with information and I hear her. — Okay. Can you hear me now? — Yes. — Okay. So, I did provide you all with a packet of information. Um, it's just kind of some brief uh points to touch on
- 1:12
and I'm going to talk those with everyone and I'd like to take your questions too. But, so we'll just get started then. So, planning and zoning simply tools that allow the to decide how it wants to grow. Um, a county creates a planning unit, adopts a comprehensive plan, and ultimately establishes zoning regulations. The purpose of the planning is not to limit opportunities. But um it is to create predictable predictability, clearness and consistency so that the residents, businesses and elected officials are all operating under the same clear framework. So I have these broken down into sections and um I'd like to take questions after each section so that they're fresh in your mind, but feel free to pop in and ask a question if you want to during going over it. So the first and it says uh what is planning and zoning and what it isn't? Um planning and zoning is a local land use framework adopted by a city or county to regulate how land is used but
- 2:26
not who owns it. So planning and zoning regulates the use, the location and the development standards. It's guided by adopted ordinances and plans that are established by fiscal court. It is intended to promote borderly growth, compatibility, and public welfare. Commissioners and board members are countyapp appointed. So, um you all get to choose who who is on those boards. Planning and zoning does not take property, does not force development, does not decide private property disputes, and does not approve projects automatically. Any questions about that section? — No. — Any questions? — No. — Okay. — All right. So, how planning and zoning works in Kentucky? Um, KRS 100 lines that out pretty well. Uh, quick breakdown of that would be that the county adopts a planning and zoning. Uh, the system includes the planning commission. So that is a advisory board
- 3:39
that is chosen by the fiscal court members. Usually the judge executive is the one who decides who it will be and then the fiscal court um votes them in. Um the commission reviews the reasonzonings, the map amendments, text amendments. They hold public hearings um just like your alls, but uh they wouldn't require as many public hearings like you all would need to do two readings to adopt something. They just have one hearing to go over. They make the planning commission makes recommendations to fiscal court. They don't make final decisions on their own. and the planning commission writes the comprehensive plan using the goals and objectives that are determined by fiscal court. So the second part of of this is the legislative body which is you all. So you hold the final authority by vote. You adopt the zoning ordinances and resonings after two public hearing readings. And the actions that you are able to take on those are you can accept the recommended action, you can reject it, you can amend it, you can table it,
- 4:53
or you can remand it back to the planning commission. And you can do any of those actions at either the first or the second reading. The third portion is the board of adjustments. The board of adjustments is a quas judicial body. They hear variances and appeals of the administrative decision. Their decisions are final just like yours are. Um so that's a little bit different than the planning commission in that regard. They don't have to come to fiscal court. Um the board of adjustments applies strictly statutory standards. So, um, where they could vary how far a house is away from the road, they can't make ordinance adjustments, things like that. And then the fourth portion is the planning and zoning administrator or director. They are hired by the commission. They enforce the adopted ordinances. They administer permits and reviews. Um, they also review plats. They do not legislate or vote. They're
- 6:06
not a voting member of any board. So that's section three of that. Who holds the power? So the function of the zoning ordinance adoption, the power is held with fiscal court on that. They fiscal court would decide what the zoning ordinance says and approve that. Fiscal court would also have the final say on reszoning approvals. The planning commission would their part is recommendations. The board of adjustments the variances and appeals and the planning administrator or director enforces and admin does administration. Any questions about any of those? Jennifer, how many employees do you all have in your planning and zoning division at Me County? — So, I am the administrator and I have one um administrative assistant. She's like my permit technician. Under me is also our code compliance officer. So, there are three of us. — Okay. — Yeah. — Is that pretty typical of of a county you're all size or our size? We're a
- 7:20
little bigger, of course, but is that pretty typical? Yes, it is. Um I went to a planners association meeting um over the summer and that was about standards. There are some like Jefferson County has somewhere around 15 and then there are counties that only have one. Just depends on the population and the area that you've determined needs the planning and zoning. — Anybody else? — Is this this a fulltime job? — My position is Yeah. The three people that are in our office are all full-time. — Are you all paid through fiscal court budget? — We are. Yes. — Any other questions on this section? — You may cover this later. — Okay. — But what is the cost of if I'm going to build a 2,000 foot house? What is the initial cost for the permit to get me started? — So that is completely up to you. So um in your ordinance part of that our ordinance is the me county zoning ordinance. It's available online but we
- 8:34
within that we have a fee schedule. That fee schedule is talked over by the planning commission and the administrator but then presented to fiscal court for approval. So then you would all decide what that what that fee schedule would be. — Rough idea, what is it that like in Bean County? What do you all charge? — So our fees just went up actually, but um we're lower than Harden County slightly. Uh it's done by square footage. So we do 30 cents per square foot. — Okay. Okay. 30 cents. — Yeah. — I have a question. Can you hear me? — Yep. — Is there a way to do planning and zoning and not charge fees for people to build a house? or is that just part of it? — No, you can do it that way if you want to do it that way. Um, you won't be able to financially like your your planning and zoning office won't be financially stable. So, if you if you have the funds within your county budget to do it without charging any fees at all, then that's up to you all. But, um, you're not required to charge a fee. — Thank you. I pulled off a copy of Eur's comprehensive plan and there's like 82