Fayette commissioners adopt zoning ordinance
The Fayette County commissioners Thursday voted to adopt the long-awaited countywide zoning ordinance, as well as appoint a steering committee that will make recommendations for later inclusions in the ordinance dealing with historic sites. The motion to adopt the new zoning ordinance, effective Nov. 1, was made unanimously, with Chairwoman Angela M. Zimmerlink and Commissioners Vincent A. Vicites and Joseph A. Hardy III voting in favor of it.
Zimmerlink and Hardy then voted to create a nine-member steering committee that will include three people appointed by each commissioner, with Vicites voting against it. Although the committee will include nine appointed members, a larger “subcommittee” will include other individuals with vested interests in historic sites, such as municipal officials, historical society members and others.
Vicites said he would appoint three people, but was against only having nine members of the steering committee. He explained that he isn’t against the steering committee, but merely against only having nine core members.
“I think the others should be on the first team and not the second team,” Vicites said.
Tammy Stenson, director of the Fayette County Office of Planning, Zoning and Community Development, had recommended a list of more than 20 people to serve on the committee, representing various groups.
Ultimately any decision to include historic language in the zoning ordinance will be made by the commissioners at the recommendation of the steering committee.
The zoning ordinance will cover 32 of the county’s 42 municipalities and will include a “placeholder” clause when language will later be inserted dealing with historic assets. The ordinance also includes provisions for agricultural land.
Prior to adoption of the zoning ordinance and motion to create the steering committee, numerous individuals spoke out about the need to protect historic sites as well as future development in the county. The commissioners agreed to make their nine selections within a week.
Marilyn Cellurale spoke out saying she is concerned as to who would be on the board. She said as someone who lives near a national historical site, she wants to protect historic structures, but also wants to ensure her concerns are addressed as well. Cellurale also pointed out that the owner of the historic Isaac Meason House took out an advertisement to dismantle that historical site.
Evelyn Hovanec of the Coke and Coal Heritage Center said she wants a fair and balanced approach. She also said local people must be on the steering committee.
Jim Killinger, a member of the Fayette County Zoning Hearing Board, said the new zoning ordinance is needed to cut back on the number of special exception and setback requests the board deals with. The current ordinance was adopted in 1968. Killinger said historical sites have to be preserved in the county as well. “Once they are gone or not-used property, we will never get them back,” Killinger said.
Muriel Nuttall, executive director of the Fayette Area Chamber of Commerce, said while people may see the zoning code as a list of don’ts, “It is really a list of do’s.”
Colleen Watson, whose parents are having a problem with a neighbor not following the setback requirements, said the zoning ordinance must be enforced.
Stenson said the roles of everyone in her office are outlined but the details of how the zoning officer operates are not spelled out in the ordinance. Vicites said that is a policy-type decision that can be made internally.
Hovanec pointed out that the whole book is worth zero if you can’t enforce it.
Killinger said there have been numerous citations before the ZHB, but they have called themselves the “board of forgiveness” because people seek reversals for citations.
Stenson said more than 70 property owners in the last three years have gone to the magisterial district judge level, where citations are set. She said hundreds of people work with the planning office each year to resolve zoning violations.
Vicites said a lot of property owners have been taken to the magistrate in the past few years. “We have to have an ordinance that’s enforceable or it’s not worth the paper it’s printed on,” Vicites said.
In other split votes, Hardy and Vicites voted to appoint Harold Whyel to the Fayette County Health Center Authority Board. Zimmerlink voted against the appointment, saying she felt another applicant would have been a better selection. The commissioners unanimously voted to appoint Dee John to the Fayette County Redevelopment Authority
Zimmerlink thanked all seven people who applied to serve.
Vicites and Zimmerlink voted to deny a rezoning application by Crystal Springs Investors to rezone 229 acres from agricultural to residential in Springhill Township. Hardy voted against the denial. In voting against the rezoning, Vicites said he has been consistently against residential development in a Keystone Opportunity Zone.
Crystal Springs wanted the zoning change to allow for construction of multi-family homes at the site, where single-family homes are already allowed because the former board of commissioners changed the zoning from industrial to agricultural. Vicites voted against the prior zoning change as well, while former Commissioners Sean M. Cavanagh and Ron Nehls voted for it.
Crystal Springs plans to construct 300 single-family homes that will cost upwards of $300,000 in a gated community. The property owners will not have to pay property or wage and income taxes until the expiration of the KOZ in 2013.