By DAVE HAMRICK

Staff Writer

Fayette County commissioners are still trying to decide what to do about Paul Rivers' pole barn.

Rivers built the barn recently on his 175-acre tract that has been part of his family farm for generations, but since the last time he checked to make sure such a structure was allowed, the county has rewritten its ordinances, and now Rivers will have to get the property rezoned if he wants to keep the barn.

He never asked to have the land rezoned to R-70, a classification that allows subdivisions, from its previous A-R classification, the one used for farms, Rivers told commissioners last week. But the county in 1973 conducted a mass rezoning of thousands of acres, including the Rivers farm.

Until recently, the R-70 classification allowed for building of farm outbuildings, and that's what Rivers was told two years ago when he inquired. But he didn't get around to building the pole barn until recently, and commissioners have since changed the rules.

Commissioners in recent weeks have twice discussed the possibility of waiving Rivers' $350 rezoning application fee without making a decision.

“This is farm land... it should be zoned accordingly,” said commission Chairman Harold Bost before making a motion that the county initiate action to change the land's zoning back to A-R. The motion died for lack of a second.

“I think we're setting an extremely dangerous precedent,” said Commissioner Linda Wells. “The rezoning [in 1973] was legally advertised, and they had two public hearings.” If Rivers' family didn't want the land rezoned, they should have spoken up, she said.

“I just want it to be zoned correctly for what it's used for now,” Rivers told the commissioners. “Under R-70 our whole farming operation is illegal. I feel like we were wrongly done.”

Commissioner Greg Dunn said he wants to approve the fee waiver, but also wants to make sure it's legal to do so and won't set a precedent that will force more fee waivers. He asked that the matter be tabled until the commissioners' next meeting, June 24.