The Henderson County Fiscal Court OK’d starting the process that could potentially add a text amendment to the county’s zoning ordinance that could provide a path for the Farmer and Frenchman to build a six-unit bed and breakfast on its campus.
In a relatively brief discussion at its Tuesday morning meeting, the fiscal court approved by voice vote to originate a text amendment to the county’s zoning ordinance and send it to the Henderson City-County Planning Commission.
After the meeting, County Judge-Executive Brad Schneider said it was unclear what the text amendment would contain but it would be focused on agritourism in the county.
In a previous interview with the Hendersonian, Henderson Economic Development Executive Director Missy Vanderpool said she’d like the fiscal court to consider adding new language in the county’s zoning ordinance that would establish the definition of a “farmstay.” Vanderpool said farmstay is defined in state statute.
All farmstays are bed and breakfasts, and according to KRS, two different types of bed and breakfasts are defined. A bed and breakfast home has five or fewer rooms or suites for occupancy, while a bed and breakfast inn has six of more rooms or suites for occupancy, according to KRS 219.011.
Getting the definition of farmstay amended into the county zoning ordinance could potentially allow Farmer and Frenchman—and perhaps other future agriculture businesses—the ability to build a bed and breakfast on land zoned agriculture and not need a rezoning to do so.
Schneider said a conditional use permit, which would allow construction of a bed and breakfast with a specified number of guest rooms on land zoned agricultural, could be what the text amendment entails.
Currently, a vote on an appeal that F&F made to the county Board of Zoning Adjustments is tabled to 6 p.m. Dec. 1. F&F’s application for a building permit to construct a six-unit bed and breakfast was denied in October by County Codes Administrator Randy Tasa in October because he believes that F&F needs to go through the planning and zoning process.
F&F representatives in a BOZA public hearing on Nov. 10 said they believe the small farm winery is ag exempt from needing to go through the planning and zoning process.
Members of the county BOZA are scheduled to receive transcribed information of the Nov. 10 meeting ahead of the Dec. 1 vote.
During the Nov. 10 meeting, County Attorney Steve Gold agreed with Tasa but said there are paths that F&F’s request could be attained, one being if the county’s zoning ordinance was amended.
Gold said Tuesday’s action in fiscal court has no bearing on BOZA’s Dec.1 vote.
“The fiscal court is originating a text amendment to what the ordinance will say in the future,” Gold wrote in a message to the Hendersonian.
Meanwhile, “The issue before BOZA is (Tasa’s) interpretation of the current ordinance,” he wrote.
Abby Dixon, the executive director of the Henderson Tourist Commission, spoke in favor of making changes to the ordinance.
She told the fiscal court Tuesday that updating the ordinance will provide “clarity, fairness and a predictable path forward” both for the Farmer and Frenchman and other agricultural businesses that may want to build a bed and breakfast.
She said farmstays are becoming a big part of tourism across Kentucky and the country.
