Fayette County Office of Planning, Zoning & Community Development v. Cellurale

LESKINEN, J.,

This matter comes before the court on defendant’s preliminary objections. Because there appears to be justifiable confusion about how zoning enforcement should be conducted, the court writes at length to clarify what can and cannot be done.

This case started out with a zoning “enforcement notice” issued by the plaintiff zoning authority, Fayette County. The original claims in the “enforcement notice” were essentially that defendant, Cellurale, (1) maintained “junk” items on his property that were not permitted in a “business” zone, (2) maintained signs that were not permitted, and…