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Commissioners send zoning-language change to area planning after Fisher family seeks rebuild on preexisting lot
Summary
After residents said a 2-acre family lot was rendered ineligible for a BZA hearing under current wording, commissioners voted to ask area planning to draft language allowing variances for preexisting nonconforming lots in ag zones; the change would let heirs seek a BZA hearing if adopted later.
Randolph County commissioners voted to ask area planning to draft revised wording for the Unified Zoning Ordinance after David and Angie Fisher told the board they cannot obtain a Board of Zoning Appeals hearing to rebuild on a long-held, preexisting 2-acre family lot.
The Fishers said the original homestead on their property is more than 125 years old and no longer habitable. "We were told we couldn't do it because of the wording," David Fisher said, asking the commission for help to allow the family to rebuild legally on the site they own.
Area planning representative Christy Halloran described the problem as a wording restriction in the unified ordinance that treats a lot as permanently ineligible for certain variances after a structure is removed. Commissioners noted the ordinance currently can prevent rebuilding even after damage: as one commissioner put it, "If there were 60% damage from the lightning strike, you wouldn't be able to build your house in Randolph County right back where it was at." The transcript attributes that remark to an unnamed commissioner on the dais.
Commissioner Tom moved that area planning prepare recommended language to allow a variance to a nonconforming lot size in ag-limited and ag-incensed zones when building a residence; the motion was seconded and passed by voice vote. Area planning is scheduled to consider the recommendation in January and will then return a formal recommendation to the commissioners, who could adopt an ordinance amendment before a BZA hearing would be available to the Fishers.
The change under consideration does not create a blanket entitlement to new land splits, commissioners said, but would restore a path for owners of preexisting nonconforming lots to seek variances under the BZA. Christy Halloran and other staff said they will prepare language and follow the normal area-planning and ordinance-adoption process before any change goes into effect.
Next procedural steps: area planning will draft the recommended language, meet in January, and send a recommendation back to the commissioners; if the commissioners adopt an ordinance amendment, the Fishers and similarly situated property owners may then request a BZA hearing.
