(A) Planning Unit created.
(1) Creation. The City of Frankfort and the county do hereby form a joint planning unit by combining their planning operations into a joint city-county planning program.
(2) Area of jurisdiction. The area of jurisdiction of the joint city-county planning operation shall include all of the City of Frankfort and the county.
(B) Planning Commission created.
(1) Creation. A joint planning commission is hereby created, which shall be known as the “Frankfort-Franklin County Planning Commission”. The city and county shall have equal representation on the Commission, and at least two-thirds of the members shall be citizens who are not elected officials, appointed officials or public employees of the city or county. The Mayor and County Judge shall appoint the members with the approval of their respective legislative bodies.
(a) Number of members. The Planning Commission shall consist of a total of nine members.
(b) City members. The city’s representatives shall total four citizen members.
(c) County members. The county’s representatives shall total four citizen members.
(d) Governor’s appointment. The Governor of the commonwealth under authority of KRS 100.133(2) shall appoint one person to the Commission who shall serve until replaced.
(e) Term of office.
1. The term of office shall be four years ending on July 1 of the designated year, and terms of those first appointed shall be staggered so that a proportionate number serve one, two, three and four years respectively, with later appointments or reappointments continuing the staggered pattern and July 1 date.
2. The term of office for any person appointed to the Commission and designated as an ex-officio or non-citizen member by the responsible legislative body shall serve until the conclusion of their term in office or until replaced by the legislative body.
(f) KRS 100.147. Vacancies on the Planning Commission shall be filled within 60 days by the appropriate appointing authority. If the authority fails to act within that time, the Planning Commission shall fill the vacancy. When a vacancy occurs other than through expiration of the terms of office, it shall be filled for the remainder of that term.
(2) Reimbursement and compensation of members. All members shall be reimbursed for any necessary expenses authorized by the Planning Commission, but only citizen members may be compensated for their meeting time. For each official Commission meeting attended, each citizen member shall be compensated a sum of $25, with the total compensation for each member in any one year not to exceed $300.
(3) Method of proration of financial support. The Commission shall have the right to receive, hold and spend funds which it may legally receive from any and every source, including applicant fees. As for the proration of city and county contributions, it is agreed that the County Fiscal Court will appropriate one-half and that the Board of Commissioners of the City of Frankfort shall appropriate the remaining one-half. Request for contributions must be submitted no later than February 1, and approval by the respective legislative bodies each fiscal year.
(C) Other details of Commission operation. All other details for the joint City-County Planning Commission operation which are necessary for the establishment and administration of the Commission, for the preparation of plans and for the assistance to help implement the plan shall be as described in KRS Ch. 100 as passed in 1966, and as may be amended from time to time. The Planning Commission shall adopt by-laws not inconsistent with KRS Ch. 100, this agreement and ordinances and regulations approved by the City Commission and the Fiscal Court.
(D) Legal counsel. The Planning Commission shall have legal advise and guidance through services of an attorney. Employment of legal counsel shall be detailed in a contract subject to the approval of the city and county legislative bodies. Should the Commission’s attorney disqualify himself or herself on any subject matter pending before the Commission, the Commission shall request counsel from either the City or County Attorney. The City or County Attorney may act consistent with the request of the Planning Commission or recommend outside counsel.
(E) Board of Zoning Adjustments.
(1) Board of Zoning Adjustments created. A joint Board of Zoning Adjustments is hereby created, which shall be known as the “City-County Board of Adjustment of Frankfort and Franklin County, Kentucky”. The Mayor and the County Judge shall appoint the members with the approval of their respective legislative bodies.
(a) Number of members. The Board of Zoning Adjustments shall consist of a total of seven members.
(b) City members. The city’s representation shall total three members who shall be citizens, freeholders/taxpayers and legal voters of the city.
(c) County members. The county’s representation shall total three members, who shall be citizens, freeholders, taxpayers and legal voters of the county.
(d) Citizen member. The Mayor of the City of Frankfort shall appoint one member, who shall be a citizen, freeholder, taxpayer and legal voter of the City of Frankfort. This member shall be chosen from a list of not less than three candidates provided by the Planning Commission and shall not be a member of the Planning Commission. This provision shall become effective 7-1-1989.
(e) Term of office. The term of office of all members shall be four years, ending on July 1 of the designated year, and terms of those first appointed shall be staggered so that a proportionate number serve one, two, three and four years respectively, with later appointments or reappointments continuing the staggered pattern and July 1 date.
(2) Reimbursement and compensation of members. All members shall be compensated for any authorized expenses and compensated for their meeting time. For each official meeting attended, each member shall be paid a sum of $50, with the total compensation in any one year not to exceed $600.
(3) Other details of the Board’s operation. All other details for the joint City-County Board of Zoning Adjustments operation which are necessary for the establishment and administration of the Board shall be as described in KRS Ch. 200 as passed in 1966, amended, and as may be amended in the future of the state statutes and the planning and zoning ordinances and regulations not inconsistent herewith.
(F) Amendment of agreement. This agreement may be amended from time to time by the mutual consent of the City Commission and the Fiscal Court, with such amended agreement filed in the County Clerk’s office.
(Ord. 39, passed 39, passed 3-24-1989; Ord. 9 (2008), passed 12-29-2008; Ord. 9-2023, passed 8-24-2023)