Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning Policy topic
No spam. Unsubscribe anytime.
Fayette County commissioners deny ordinance change that would let an original home remain during construction
Summary
The board voted 4-1 to deny Ordinance 2024-05, which would have allowed an existing primary dwelling to remain temporarily while a new primary dwelling was built; county legal and planning staff warned the change would conflict with code provisions limiting principal structures and could have countywide ramifications.
The Fayette County Board of Commissioners on Aug. 22 denied Ordinance 2024-05, a proposed amendment to Sec. 110-125 (A-R zoning) that would have allowed an original primary dwelling to remain on a parcel temporarily while a new primary dwelling was constructed.
Applicant Andrea Erwin described the request as a military-family accommodation to allow her daughter to start school and to provide onsite caregiving while construction was underway. Erwin said construction was expected to take "between 6-12 months" and that neighbors had circulated a petition in support.
County Attorney Dennis Davenport told the board legal and staff reviews did not support the amendment because it would conflict with multiple code provisions that permit no more than one principal structure on a residential lot. Davenport warned approval would create a countywide change, not an exception limited to a single property. Planning Director Deborah Bell echoed enforcement and code-consistency concerns. County Administrator Steve Rapson said allowing the change broadly could create subsequent requests across multiple zoning categories.
Commissioners debated whether relief could be provided narrowly for individual hardship cases or whether the ordinance language would create unintended, countywide consequences. Commissioner Charles D. Rousseau moved to deny the amendment; Vice Chairman Edward Gibbons seconded. The motion passed 4-1, with Chairman Lee Hearn voting in opposition.
Why it matters: The denial preserves the current single-principal-structure standard in Fayette County's zoning code and reflects commissioners' concern about setting a precedent that would alter enforcement and other code provisions.
What's next: The applicant and the board discussed alternatives; staff noted that travel trailers are treated differently because they are moveable personal property and not principal structures. Any broader code change would require a comprehensive text amendment process and consideration of cross-cutting code provisions.
