May 4, 2004 By Paul Sunyak 4 min read

A big land-use change is in the works for most of Fayette County’s former coal mining communities, which will carry the new “village” designation under a proposed ordinance the commissioners may adopt by August. The Unified Land Development Ordinance – covering zoning, subdivision and land development – is currently in draft form as the county Office of Planning, Zoning and Community Development makes adjustments based on local feedback.

But when the final document is approved, property owners like those in around Smock and other coal mining towns may find that their previous zoning has changed. And because of that change, they may find that they – or their neighbors – are free to use their property in a new myriad of permitted uses.

Tammy Shell, director of the OPCD, said the change is in store for “just about every one” of the former coal mine towns, known as “patches,” and for boroughs like Brownsville, Smithfield and Fairchance.

“It’s designed to have rebirth and revitalization in areas where there (once) were little shops, mom and pop stores, a small commercial district,” said Shell, who added that the village designation will mostly occur in places that already have water and sewerage lines.

But people living in those towns may also wake up some day to find that their neighbor has opened an assisted living facility, a bed-and-breakfast, a nursing or convalescent facility, or a commercial school.

Some other proposed permitted uses for a “village” area: bank, communications antenna, food service facility, hotel, marina, massage therapy establishment, motel, business office of up to 40,000 square feet, pharmacy, high turnover restaurant with or without drive-through, low turnover restaurant, retail business store less than 10,000 square feet, public or private school, senior center, social service agency, and bus or train terminal.

Shell said the proposed change would affect the 32 municipalities covered by the county zoning office. The 10 others conduct their own planning and zoning.

Under the current county zoning ordinance, adopted in 1968, most of the former coal mining towns are designated “R-2,” a medium density residential classification that permits mobile homes.

Shell said the new land use ordinance is designed to be more liberal across the board, in all the zoning categories, including other popular categories such as light industrial and residential. “We’re allowing more uses in all the zoning districts, to cut down on the number of (zoning) hearings,” said Shell.

But while her office has conducted a series of public meetings across the county to solicit input, the matter has flown under the radar of most people. However, the changes can be profound.

In addition to a broad widening of permitted uses, the village designation as currently constituted allows for 21 other uses under what’s known as a “special exception.” Those special exception uses would require approval by the three-member county Zoning Hearing Board after a public hearing on each case.

But the special exception category includes some of the designations that have caused much controversy in the past, including: boarding house, group residence, adult and juvenile halfway house, juvenile detention facility, private club, and automotive repair and service station.

Other possible land uses in a village designation with a special exception would be automotive sales, car wash, funeral home, animal kennel, heliport, retail business store over 40,000 square feet, warehouse, water storage tower and woodshop.

However, Shell adds that under the proposed ordinance, the definitions and requirements on each of those uses are much more specific and rigorous than in the current zoning guide.

Since her office isn’t notifying property owners about proposed changes that could affect their zoning, Shell said they are invited to contact her fourth-floor courthouse office for that information.

They can visit any time in person – or can phone (724) 430-1210, extension 205 on Thursdays between 8 a.m. and 4:30 p.m. when someone will be available to assist them. However, in either case you must be able to provide the tax parcel number of the property.

That number is printed on your real estate tax bill, or can be found on the county’s Tax Assessment Office Web site at www.fayetteproperty.org

“Now that we have our digital mapping, on Thursdays they can call into our office, and as long as they have their tax parcel number, we can tell them what their proposed zoning under the new plan is,” said Shell.

“If they don’t like what the proposed zoning is, we’re requesting that they send written comments in to us.” The mailing address for her office is: Planning, Zoning and Community Development Office, Fayette County Courthouse, Uniontown, PA 15401

Shell said the commissioners’ scheduled approval of the new ordinance has already been pushed back from June to August, due to feedback that has necessitated making some alternations to the proposal.