Jan 18, 2008 By Amy Zalar 3 min read

The Fayette County commissioners will hold a public hearing next week to discuss a proposed amendment to the county zoning ordinance that has the potential to save some property owners seeking subdivisions hundreds of dollars. The proposed amendment to the county zoning ordinance deals with provisions for minimum lot size, width and setback requirements for non-conforming duplexes and their lots. Specifically, lots with duplexes that were constructed prior to 1968, when zoning was implemented in the county, would be affected by the proposed change.

Dave Bukovan, zoning chief of the Fayette County Office of Planning, Zoning and Community Development, said Thursday that the proposed amendment, which would be added to the county’s subdivision/land development and zoning ordinances adopted in 2006, would affect subdivisions for duplexes in old mining communities throughout the county.

Bukovan said in the past subdivisions for duplexes in old mining communities required an appearance before the county zoning hearing board for a variance because the property line went directly through the home and the setback requirements couldn’t be met. Taking such a request before the zoning hearing board has a cost of $450, Bukovan said.

Bukovan said the idea to the proposed change is to try to streamline ways for owners of duplex housing to obtain subdivisions for duplexes. He cited villages such as Phillips, Leisenring and Smock in which the issue is common.

The proposed change, which is being recommended to the commissioners for approval by the county planning commission, would apply to owners of duplexes who would like to sell off part of their property.

“It comes into play quite often,” Bukovan said.

Essentially, if the change were approved, it would allow duplexes constructed prior to 1968 to be “grandfathered,” Bukovan said.

In addition to saving those seeking the approval money, it also would cut down on time, Bukovan said, adding that it can take as long as six weeks to get a hearing scheduled before the zoning hearing board.

The county’s subdivision/land development ordinances were adopted in 2006 after years of work. They replaced ordinances that went into effect in 1968.

The public hearing on the issue will be held at 1:30 p.m. Thursday at the public safety building. The commissioners must vote on the change at a public meeting.

The proposed change states that the provision is only valid for lots and residential duplexes that were laid out and constructed prior to 1968 for which documentation – (other than a photograph) indicating the lot was laid out and constructed prior to 1968 – can be submitted to the county planning office. If the county planning office doesn’t accept the documents, the property owner may file for a variance before the county zoning hearing board, the proposed changes state.

“Any change in the type of dwelling, use, etc. will need to conform to the ordinances adopted in July 2006 (county subdivision and land development ordinance) and November 2006 (county zoning ordinance.) This regulation does not apply to a duplex and lot (laid out and constructed prior to 1968), that can subdivide and meet the minimum requirements contained within the zoning ordinance adopted in November 2006,” the proposed text states.