Shockley v. Fayette County

Clarke, Chief Justice.

In 1988 appellee Fayette County amended its zoning ordinance by enacting Section 5-47 which identifies and regulates watershed *490protection areas. Under zoning restrictions existing prior to this amendment, appellant’s property could be subdivided into one-acre lots; the amendment required that the affected portions of her property be subdivided into lots no smaller than two acres.

Appellant filed a request for a variance from the application of Section 5-47 with the Board of Zoning Appeals (Board) in which she maintained, inter alia, that Section 5-47 resulted in an…