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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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PAGE FIVE
(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.
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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PAGE SIX
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.
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
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.