Zoning Overview
Learn more about the Zoning Department and what we do with the links below:
- What is zoning ?
- What is the difference between planning and zoning ?
- History of zoning
- Purpose and intent of zoning
- Regulation development through adopted ordinances
- Boards served
- Property Parcel Identification
- Zoning Districts and Development Regulations
- Basic zoning applications
- Fayette County Zoning Department
- Administrative Zoning - no hearing required
- Public Hearings
History of Zoning
Zoning began in 1957 with the adoption of the General Planning and Zoning Enabling Act, for the purpose of promoting the health, safety, morals, convenience, order, prosperity, and general welfare of citizens. This state enabling legislation gives Fayette County the authority to plan and control the use of private property through zoning.
Purpose and Intent of Zoning
The Zoning Department regulates development in the County by implementing both the Land Use Plan and the Comprehensive Growth Management Plan prepared by the Planning Department. The Zoning Department's goal is promote the physical and economic development of Fayette County and foster the use and enjoyment of property within the unincorporated areas of the County in a manner consistent with adopted plans, regulations and policies, and effective management practices.
The Land Use Plan and Comprehensive Growth Management Plan are implemented through the establishment and enforcement of Ordinances and regulations pertaining to development. The intent of these regulations is to promote public health, safety, and welfare; to provide for efficient circulation; to improve the appearance of the community; to assure compatible land uses; and to preserve the resources and character of an area. Development regulation includes, but is not limited to, what land uses are permitted on property, the placement of buildings and other site improvements (setbacks), landscaping, signage, parking and loading, vehicular site circulation, and open space requirements.
Regulation of Development through Adopted Ordinances
The Zoning Department enforces several ordinances pertaining to development including: the Zoning Ordinance (includes Communication Tower regulations and Conditional Uses), Subdivision Ordinance, Development Regulations (includes Watershed Protection, Landscaping and Buffering, and Parking), Sign Ordinance, and the Alcoholic Beverages Ordinance of the County Code. All of the above ordinances have been adopted by the Board of County Commissioners as a means of managing growth and maintaining the quality life style of Fayette County. The current Zoning Ordinance was adopted on November 13, 1980, had a major revision in January, 1998, and to date includes amendments through current date.
Boards Served
In addition, the Zoning Department provides technical support services to all of the following Boards:
- Board of Commissioners (consisting of 5 elected officials);
- Planning Commission (consisting of 5 appointed Board members); and,
- Zoning Board of Appeals (consisting of 5 appointed Board members).
Support services include the preparation of ordinances and amendments; public hearing notifications including legal advertisements, agendas, permanent minutes and resolutions, certified letters, and posting of signs; the provision of accurate professional staff report analyses and recommendations, and clarification of zoning related technical inquiries.
The principal work program of the Zoning Department is continual application processing and review of applications. All applications must be reviewed for conformance with applicable policies, codes and regulations within a prescribed processing period. Also, the Zoning Department staff coordinates and monitors the timely review and comment of applications by several other departments.
Property Parcel Identification
Fayette County is divided into several large areas called land districts. Within each land district are many land lots, each land lot being approximately 200 acres in size. Within each land lot are owned subdivided parcels, tracts, or lots. Each parcel of land in Fayette County is mapped by the Tax Assessor's office based on deeds with legal descriptions which are recorded into the public record at the Clerk of Superior Court office. The Tax Assessor's office assigns each lot a property identification number consisting of the Land District, Map Page, and Parcel Number (i.e. 05 - 010 - 030 is parcel 30 found on map page 10 located in the 5th land district). This property identification number can be found on each individual property tax bill.
Since property ownership and addresses can change over time, the Zoning Department's official zoning maps are based on the Tax Assessor's maps. To expedite a zoning inquiry it is helpful to refer to the lot's property identification number. If the lot is within a final platted subdivision, reference need only be made to the lot number and the name of the platted subdivision. If assistance is required to find a property identification number, the Fayette County Tax Assessor's office (at 770-460-5730, ext. 5402) can locate the needed information by owner name, street name, et cetera.
Zoning Districts and Development Regulations
To implement the general categories of the County's Land Use Plan (i.e. commercial, industrial, agricultural, conservation/open space and residential), several specific zoning districts have been established by the Board of Commissioners, found in Article IV of the Zoning Ordinance. Each lot in the County has two classifications: (1) a Land Use Plan category, and (2) a Zoning District. The Land Use Plan category is a guide to what is planned for a broad area based on studies of the area. The zoning district is more site specific, controlling how a lot can be used and developed. The current zoning district is generally consistent with the future land use category. In some instances, usually along main thoroughfares, the property may have residential zoning and the potential of future commercial (once rezoned) based on the property's commercial land use.
The residential categories of the Land Use Plan are divided into subcategories of allowable density (number of dwelling units per acre) based on the location of drainage basins and infrastructure available to support the proposed density. There are currently 13 different single family residential zoning districts established with varying minimum lot sizes (from 1 acre if connected to county water up to 5 acres), lot widths (from 125 feet to 250 feet), house sizes (from 1,200 to 4,000 square feet), and distances that buildings must be from the property lines or "setbacks" (from 15 feet to 100 feet) depending on the zoning district of the subject property.
There are currently 3 other residential districts: a 1to 2 family dwelling on a lot size of one acre if connected to county water (DR-15); a multi-family residential (apartments and townhouses) on at least 5 acres with a maximum density of 5 dwelling units per acre with a maximum of 160 units total (RMF); and a district which allows mobile homes within a mobile home park located on a minimum lot size of 10 acres (MHP).
There are currently 5 PUD (Planned Unit Development) zoning districts which require a minimum of 100 contiguous acres. These PUD's include the following: Planned Residential Development (PRD); Planned Industrial Park (PID); Planned Retreat or Lodge (PRL); Planned Entertainment Farming (PEF); and Planned Outdoor Recreation (POR).
There are currently 3 commercial zoning districts: C-C (Community Commercial), C-H (Commercial Highway), and L-C (Limited Commercial), an office district O-I (Office-Institutional), and 2 industrial districts (M-1) Light Industrial and M-2 (Manufacturing and Heavy Industrial). All require a minimum lot size of 1 acre if connected to county water and 1.5 acres if on well and septic, with the exception of M-2 which requires a minimum lot size of 2 acres.
There are three (3) Transportation Corridor Overlay Zones: S.R. 54 West and S.R. 74 South; S.R. 85 North; and the General State Route Overlay Zone (See Zoning Ordinance, Article VII., Section 7-6.). The overlay zone includes such items as architectural standards, signage, landscape requirements, lighting, access, and setbacks for impervious surfaces and structures.