October 20, 2021

Dear Council Members:

On behalf of the Fayette County Neighborhood Council (FCNC), I am

writing to ask questions that the FCNC believes should be addressed

prior to passage of the proposed ADU Zoning Ordinance Text Amendment

(ZOTA):

1. In the definition of DWELLING UNIT, ACCESSORY (ADU) on page 1 of

ZOTA 2019-5(a), Converted Detached Structures may include

“garages or other accessory structures.”  Will a property owner have

the authority to expand the height or square footage of a “Converted

Detached Structure” to create an ADU? Will all permitted detached

structures be eligible for conversion to an ADU? Section 3-12(b)
Construction, states, “An ADU may be created through an alteration of

an existing structure, or conversion of an existing structure to an ADU

while simultaneously constructing a new primary dwelling unit on the

site. . . .” For example, will a homeowner be able to convert a shed

with a building permit to an ADU?

2. Council has indicated it will be reviewing the ZOTA a year after passage.

What will it be reviewing, and will Council require that staff collect and retain

information to provide for the review? Additional information might include

the ADU’s purpose, rent per month per each use, demographics of owners and

renters, a map showing all ADUs and ADU applications per Council District, and

whatever other information might be appropriate. Council review should be

annual rather than one-time because ADU development typically starts slowly

and then accelerates.  Will staff have to report on currently existing ADUs

that may/may not have a building permit file? How will staff identify them?

3. 3-12)(j) requires short-term rentals to obtain a conditional use permit.

The FCNC supports this provision. However, how will the LFUCG find and

regulate short-term rentals to assure compliance?

4. 3-12(l) Alterations of Existing Structures states, “If a detached ADU is

created from an existing detached accessory structure that does not meet

one or more of the standards within Article 3-12, the structure is exempt

from the standard(s) it does not meet as per Article 3-2.” Would this exemption

allow a small structure without a building permit to become an ADU through a

significant expansion? Section 3-12(p) says that any “detached structure”

constructed before October 31 can become an ADU. For the purposes of the

ZOTA, what is a “detached structure”? A definition is necessary in the ZOTA.

Shouldn’t nearby residents receive equal consideration and only allow this

as a conditional use?

5. 3-12(m) Maximum Occupancy permits “a maximum of two (2) persons and any
children related to them or under their care . . .” to reside in an ADU. How will the
LFUCG enforce this provision? LFUCG Zoning Enforcement lacks the authority to
even enter a property and is short on staff. Current processes are inefficient and
ineffective, and the ZOTA adds more enforcement responsibility.

6. 3-12(n) Owner Occupancy, has similar enforcement issues. How will the LFUCG
successfully enforce this provision? This is a critical element in the ZOTA for
neighborhoods.  What is the definition of “owner occupied” for the purposes

of the ZOTA? Will the “owner” have to live on the lot for at least 50 percent

of the year? Will the majority owner have to live on the property or will giving

5 percent of ownership to a son or daughter or friend suffice? The ZOTA

requires this definition.

FCNC appreciates that changes to the ZOTA have addressed some neighborhood
concerns. However, as currently written the ZOTA has numerous problems, and

a number of questions remain unanswered. FCNC requests that Council assist

in providing answers for these neighborhood concerns and consider necessary

changes before the ZOTA’s passage.

Sincerely,

Walt Gaffield, President
Fayette County Neighborhood Council, Inc.

cc: FCNC Board of Directors
FCNC Electronic Mailing List