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DRAFT AMENDMENTS

TO THE JEFFERSON COUNTY ZONING AND DEVELOPMENT REVIEW ORDINANCE

Proposed by County Commission June 2004

draft critique & comments by Planning Commission

 

The format for these amendments is as follows:

1.  Deletions are shown in [brackets].

2.  Additions are underlined.

3.  Explanations are provided as needed.

 

Add new or rewrite existing definitions Article 2, Section 2.2 Terms Defined:

 

 Abandonment or Abandoned:           The relinquishment of property or cessation of the use of the property by the owner or lessee without any intention of transferring rights to the property to another owner or resuming the nonconforming use of the property for a period of one year.

 

Aggrieved or Aggrieved Person         A person who is denied by the planning commission or the board of zoning appeals, in whole or in part, the relief sought in any application or appeals, or has demonstrated that he or she will suffer a peculiar injury, prejudice or inconvenience beyond that which other residents of the county or municipality may suffer.

 

Rewrite Essential Utility Equipment as follows:

 

Essential Utilities or Equipment         Underground or overheard electrical, gas, communications not regulated by the federal communications commission, water and sewage systems, including pole structures, police call boxes, traffic signals, hydrants, regulating and measuring devices and the structures in which they are housed, and other similar equipment accessories in connection therewith.  Essential utility equipment is recognized in three categories:

(1) Local serving;                 

(2) Nonlocal or transmission through county or municipality; and


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(3) Water and sewer systems, the activities of which are regulated, in whole or in part, by one or more of the following state agencies:

(A) Public service commission

(B) Department of environmental protection; or

(C) The department of health and human resources.

 

Rewrite Variance as follows:

 

Variance                                         A variance is a deviation from the minimum standards of the zoning ordinance and shall not involve permitting land uses that are otherwise prohibited in the zoning district nor shall it involve changing the zoning classifications of a parcel of land.

 

Article 3, Section 3.1 Administration  (a) The provisions of this Ordinance will be [administered] governed by the Jefferson County Planning and Zoning Commission, the County Commission or the Zoning Administrator in accordance Chapter 8A of the West Virginia State Code, as amended.  With enactment of the Ordinance, the County  Commission shall designate a Zoning Administrator [be under the direct supervision of the Planning and Zoning Commission] for the day to day administration of the ordinance.

 

           (b) An appeal to this Ordinance, however, may be made to the Jefferson County Zoning Board of Appeals subject to the provisions of [Article 8, Chapter 24, Subsection 59] Chapter 8A of the West Virginia State Code, as amended.

 

Article 3, Section 3.3 Enforcement               (a) The Zoning Administrator or their designee shall promptly investigate any written complaint alleging a violation has occurred.

 

(b) As provided in [Article 8, Chapter 24, Subsection 68] Chapter 8A of the West Virginia State Code, as amended, any person who violates any provision of this Ordinance shall be guilty of a

 


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misdemeanor, and upon conviction, shall be fined

not less than [one hundred ($100.00)] fifty ($50.00) per day.

 

(c) When it appears to the Planning and Zoning Commission, the County Commission or the Zoning Administrator or their designee that a violation of this Ordinance has occurred, the [Commission] county shall notify the responsible person by means of a written Violation Notice. 

 

Article 4, Section 4.3 Nonconforming Uses   (b) Whenever a nonconforming use has been abandoned for a period of [eighteen (18) months] twelve (12) months, such use shall not be reestablished and any future use shall be in conformance with the provisions of this Ordinance. [However, a one time extension of up to eighteen (18) months may be granted by the Board of Appeals].

 

(f) Section 4.3 is subject to [Article 8, Chapter 24, Subsection 50] Chapter 8A of the West Virginia State Code, as amended.

 

Article 6, Section 6.2  Issuance of a Conditional Use Permit

 

... A score of [55] 60 points or less advances the application to the Compatibility Assessment as provided in Section 7.6.  A score of more than [55] 60 points may be evaluated by the board of Appeals before it can be advanced to the Compatibility Assessment Meeting Stage.

 

Article 6, Section 6.3 Soils Assessment

 

The soil groups and their corresponding values will be incorporated into a work sheet to be used to evaluate each sites potential agricultural value.

 

If  50% to 65% of the total soils are rated severe for home construction or street construction, by the Jefferson County Soil Survey add 5 points.

 

If Over 65 % add 10 points.

 

No soils= point totals shall exceed 25 points even with the added points.

 


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Repeal Article 6, Section 6.4 Amenities Assessment, et seq., and replace with:

 

The amenities assessment of the Development Review System provided indicators of a site=s agricultural viability or its development potential.  The following criterion are weighted with a high numerical value assigned if the site is more agriculturally viable and a low numerical value assigned if development would be more appropriate for the parcel.  The compatibility assessment meeting is procedurally described in Section 7.6

 

(a)       Size of site:

 

This criterion reflects the importance of preserving large blocks of land as a primary goal of agriculture preservation, therefore, acreage shall be contiguous.  For nonresidential projects, the points are shown:

 

0 to 40 acres ---------- 0 points          Nonresidential----------------- 0

40 to 80 acres ---------3 points                                                      5

over 80 acres --------- 6 points                                                     10

 

(b)       Adjacent Development:

 

This criterion assesses percentage of adjacent land that does not indicate that there is development pressure.  Development pressure includes: more than a 5 lot subdivision, lots under 5 acres in size and commercial or industrial uses.  Measurement shall be by a computation of linear feet around the perimeter of the property.  Agricultural related Industry or uses shall be considered as ANo development pressure.@

 

0 to 40 percent ------- 0 points

40 to 65 percent ----- 5 points

65 to 100 percent ---- 10 points

 

(c)       Distance to Growth Corridor

 

The distance to the growth corridor relates to the distance of the subject parcel to the boundaries of the Residential-Growth District or the Residential-Light Industrial-Commercial District adopted within this ordinance.  Measuring shall be by the closest linear distance from the property to the closest point of either of the aforementioned growth districts.

 

Less than .25 mile -------- 0 points

.25 mile to .75 mile ------ 6 points

Over .75 mile ------------- 12 points

 


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(d)       Comprehensive Plan Compatibility

 

This criterion shall determine whether site development is supportive or has a negative impact on the following elements of the Comprehensive Plan: Highway Problems Areas, Compatibility of site development with designated or proposed parks and recreational areas and compatibility of site development with sinkhole protection.

 

Highway Problem Areas

0 problem areas ----------- 0 points           Nonresidential -------------0

1 problem area ------------ 3 points                                                6        

2 problem areas ----------- 6 points                                                12

 

Highway Problem Area Points will be assessed as follows:

 

If one could get to the closest >in county= incorporated area (using the most direct           vehicular route) and to the closest >out of county= market area (Frederick, MD; Winchester, VA; Inwood, WV; Martinsburg, WV) without traveling through a Highway Problem Area as shown on the Comprehensive Plan Highway Problem Area Map the project would score a 0.

 

If one could get to one or the other without traveling through a Highway Problem

Area the project would score a 3.

 

If one would travel through a Highway Problem Area to the closest in county incorporated area and to the closest out of county market area, the project would score a 6.

 

Sinkholes (Comprehensive Plan Sinkhole Map)

Nonresidential

None on site or within 1 mile of site measured in any direction--- 0 points                      0

One or more within 1 mile of site measured in any direction-------3 points                      5

One or more on site -------------------------------------------------------6 points                     10

 

Distances for Sinkholes will be measured by the closest point on site to the closest sinkhole as shown on the Comprehensive Plan Sinkhole map.

 

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Park/Recreational

 

Proposing a 5 acre park or 10% of gross acreage (whichever is greater) with amenities and land

dedicated to and accepted by Jefferson County Parks and Recreation Commission --- 0 points

 

Located within 2 miles from an area marked on the Comprehensive Plan Parks and

Recreation map ------------------------------------------------------------------------- 3 points

 

Located farther than 2 miles from an area marked on the Comprehensive Plan Parks

and Recreation map -------------------------------------------------------------------- 6 points

 

Distances for Parks and Recreation will be measured by vehicular miles from a subdivision entrance by the most direct route to the closest park or recreation area as shown on the Comprehensive Plan map of Parks and Recreation Areas.

 

For nonresidential projects, parks and recreation points will be reassigned to Highway Problem Areas:  0, 6 and 12.

 

(e)       Proximity to Schools

Less than 2 miles ------------------- 0 points              Nonresidential  N/A

2 to 4 miles -------------------------- 4 points

over 4 miles -------------------------  8 points

 

The purpose of assessing the proximity of schools to new development is to avoid excessive busing of students.  Distances for schools will be measured by vehicular miles from a subdivision entrance by the most direct route to the entrance of the appropriate school.

 

For nonresidential projects the Proximity to Schools points will be reassigned to Sinkhole: 0, 5 and 10, and Size of Site: 0, 5 and 10.

 

(f)       Roadway Adequacy

 

Primary ------------------- 0 points

Secondary ---------------- 6 points

Local Service ------------ 12  points

 

Point values for this criterion are assigned based on the designation of the Comprehensive Plan Highway Classification map.  Sections 6.5(d) evaluates the operational proximity of the site to designated highway problem areas.

 


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(g)       Emergency Service Availability

 

The purpose of this criterion is to assess the distance of potential site development to emergency services: fire department (4.5 points) and ambulance service (4.5 points).

 

Distance to Emergency Services

Fire                                                               Ambulance

                                                                   

Less than 2 miles ------------ 0 points           Less than 2 miles -------------0 points

2 to 5 miles ------------------- 2.5 points        2 to 5 miles ------------------- 2.5 points

Over 5 miles ------------------ 4.5 points       Over 5 miles ------------------ 4.5 points

 

Distances for Fire and Ambulance will be measured by vehicular miles from a subdivision entrance by the most direct route to the closest entrance of the of the appropriate fire or ambulance station.

 

Article 6, Section 6.5 Computation of Soils/Amenities Assessment

 

(c) The combined maximum total for both Assessments is 100 points.  The most agriculturally significant parcel would rate 100; the most develop able parcel would rate 0.  A total of [55] 60  points or less advances the application to the Compatibility Assessment Meeting.

 

Add Article 6, Section 6.5(e)  Any land in the Rural District that is located on a primary or secondary road, as defined in the Comprehensive Plan shall not have to process through the LESA points process for a commercial or industrial project and shall be advanced directly to the Neighborhood Compatibility Meeting.

 

Article 7, Section 7.8 Board of Appeals Approval of Conditional Use Permit

 

7.8(b)(3)         Authorize [upon appeal in specific cases] such variances from the terms of the Ordinance [as will not be contrary to the public interest, where owing to special conditions, the enforcement of the provisions of this Ordinance will result in unwarranted hardship and injustice and which will most nearly accomplish the purpose and intent of the regulations of the Zoning Ordinance] if the Board finds that the variance

(1) Will not adversely affect the public health, safety or welfare, or the rights of adjacent property owners or residents;

(2) Arises from special conditions or attributes which pertain to the property for which a variance is sought and which were not created by the person seeking the variance;

 


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(3) Would eliminate an unnecessary hardship and permit a reasonable use of the land; and

(4) Will allow the intent of the zoning ordinance to be observed and substantial justice done.

 

Article 8, Section 8.2 Processing Procedures            (b) The Board shall hold a hearing within [seventy-five (75)] forty-five (45) days from the date the appeal is received in the Planning Commission Office.

 

(c) Notice of the hearing shall be advertised in two issues of a newspaper having general circulation in the County at least [30] 15 days before the hearing.

 

Delete/Repeal Article 8, Section 8.4 Postponement of the Hearing (a) (b) (c) (d).

 

Article 8, Section [8.5] 8.4 Continuance of Hearing

 

Repeal Article 12, Section 12.2 and replace with:

 

Procedure for Amendment by the Governing Body

 

(a) After the enactment of the zoning ordinance, the governing body of the county may amend the zoning ordinance without holding an election.

 

(b) Before amending the zoning ordinance, the governing body with the advice of the planning commission, must find that the amendment is consistent with the adopted comprehensive plan.

 

Add new Article 12, Section 12.3 Procedure for Amendment by Petition

 

(a) After the enactment of the zoning ordinance, the planning commission or the owners of fifty percent or more of the real property in the area to which the petition relates may petition to amend the zoning ordinance.  The petition must be signed and be presented to the planning commission or the clerk of the governing body.

 

(b) Within sixty days after a petition to amend the zoning ordinance is received by the planning commission or the governing body, then the planning commission or the governing body must hold a public herein after giving public notice.  The public notice of the date, time and place of the public hearing must be published in a local newspaper of general circulation in the area affected by the proposed zoning ordinance, as a Class I legal advertisement, in accordance with

 


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the provisions of article three, chapter fifty-nine of this code, at least fifteen days prior to the public hearing.

 

(c) If the petition to amend the zoning ordinance is from the owners of fifty percent or more of the real property in the areas, then before amending the zoning ordinance, the governing body with the advice of the planning commission, must find that the amendment is consistent with the adopted comprehensive plan.  If the amendment is inconsistent, then the governing body with the physical or social nature within the area involved which were not anticipated when the comprehensive plan was adopted and those changes have substantially altered the basic characteristics of the area.

 

(d) Petitions to the County Commission or Planning Commission for an amendment must contain the following information:

 

1.        Substantiation for the request

 

2.        Tax District, Map and Parcel Number

 

3.        Deed Book reference

 

4.        Plat or sketch pursuant to Section 7.4(b)

 

5.        Tract size

 

6.        Discussion on:

a.        Comprehensive Plan compatibility of the proposed change.

 

b.        Any change of transportation characteristics and neighborhood from when the original ordinance was adopted.