ZONING PLAN B = MORE BUSINESS THAN HOUSING

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ZONING PLAN B = MORE BUSINESS THAN HOUSING

Illustrative Sketches Comments? More readable copy if needed. Revised 3/3/05 from earlier version.

Comparison to Comprehensive Plan

WHAT IS PLAN B?

Plan B is a meaningful re-write of the Jefferson County Zoning Ordinance, to give us:

Lower Taxes

Less Houses

Less Traffic

More Business

Lower taxes can come if the County Commissioners change zoning to allow quiet, clean business more easily.

New businesses pay steady taxes and don=t need many services, so they keep everyone=s taxes down.

New houses cost government over $30,000 per house to build government services, and developers pay less than $7,500 toward this impact, so the rest of us pay the cost. That=s why our taxes skyrocket when a lot of new homes are built.

Current zoning is backwards. It lets thousands of new homes erupt in every field and bankrupt us. Current zoning tightly restricts business. We get higher taxes and crowded roads, while only home builders benefit, and they can easily build in other counties around us instead.

This Plan B would allow more quiet, clean business than housing. It also protects farming, scenery, historic sites, and the environment.

Illustrative Sketches are at http://listeners.homestead.com/files/jefnewb.jpg They show how Plan B keeps farms and open space, with clusters of housing and business.

For example, 300 acres could have up to 900,000 square feet of businesses for up to 1,200 employees, or up to 60 townhomes or 60 small houses, or 30 large houses of unlimited size. It could also have a farm with on-farm sales twice as large as current zoning and on-farm processing. Farm worker housing would definitely be allowed.

Call County Commissioners and ask them to act quickly. Every week=s delay means hundreds more homes under the current rules. Delay brings more traffic, higher taxes, and less business. County Commissioners are President A. M. S. (Rusty) Morgan, Greg Corliss, Jim Surkamp, Dale Manuel, and Jane Tabb.

You can call them any time. And write a short letter to the editor (include your address & phone).

DETAILED INFORMATION ON PLAN B

ZONING ORDINANCE: Replace the entire zoning ordinance with the following:

1. The goals of this ordinance include the following as required by 8A-7-2(a):

(1) Promoting general public welfare, health, safety, comfort and morals;

(2) A plan so that adequate light, air, convenience of access, and safety from fire, flood and other danger is secured;

(3) Ensuring attractiveness and convenience is promoted;

(4) Lessening congestion;

(5) Preserving historic landmarks, sites, districts and buildings;

(6) Preserving agricultural land; and

(7) Promoting the orderly development of land.

2. Basic Zoning Rules (Table 1)

a.	b. Permitted Uses	c. Height, area of buildings, bulk	d. Vegetated setback^A from roads / sensitive areas / historic site / other property lines	e. Evergreen buffer^B from roads, property lines, streams	f. Other
1. Authority in State Law, Chapter 8A-7-2(b)	2(b)(1) Regulating the use of land and designating or prohibiting specific land uses;	2(b)(8) Regulating the height, area, bulk, use and architectural features of buildings	2(b)(10) Preserving green spaces and requiring new green spaces, landscaping, screening and the preservation of adequate natural light;		2(b)(5) Establishing design standards and site plan approval procedures;
Rural Development District (R) - All areas previously zoned Rural Higher Density Development District (H) - All areas previously zoned Residential Growth. Higher Traffic District (T) -All areas previously zoned Residential/Commercial/ Light Industrial, and Village Industrial District (I) - All areas previously zoned Industrial
2. R	Housing. Land which scores under 60 in LESA system may double its density to the level allowed in the H district (below). If cluster index^G < 1.5, allowable housing is number shown at right times (1.5/cluster index), up to double the housing shown	10 houses of any size per 100ac, or a larger number of housing units totaling up to 30,000sf per 100ac.^E <40' high	50'^F/ 100' /300' / 10'		Wells 50' from any farm & foundation, 100' from termite treatment
3. H,T	Housing	20 houses of any size per 100ac, or a larger number of housing units totaling up to 60,000sf per 100ac.^E <40' high	50'^F/ 100' /300' / 10'		Only half as much allowed if traffic would worsen below level of service C^D
4. R, H,T	Businesses inside houses, which cannot be seen, heard or smelled outside the house, and do not generate more than 16 extra arrivals in any one day	no limits, except on the housing itself, as shown above
5. R, H,T	Group Residential Facility, 8A-11-2	same limits as housing in respective zones
6. R, H, T, I	Farms & Horse facilities & closely related tourism	(no limit)	setback for each structure = height of that structure		Farmers have a right to farm, using traditional and innovative methods. People living nearby must accept that side effects of farming will disturb residential development.
7. R, H, T, I	On-farm slaughtering	<30,000 lbs per year	50' / 100' / 300' / 40'	10' where within 200' of another property	Waste disposal methods (e.g. compost, septic, hauling) need approval by county health department
8. R, H, T, I	On-farm processing of that farm=s products & related products	1,000sf/ac.	50' / 100' / 300' / 40'	10' where within 200' of another property	Waste disposal methods (e.g. compost, septic, hauling) need approval by county health department
9. R, H, T, I	On-farm sales, with over 10% of the value raised on the farm. Other 90% can be anything.	3,000sf	50' / 100' / 300' / 40'	10' where within 200' of another property
10. R	All businesses, except those listed separately, with <30 arrivals/week/acre^C On property lines: sound <60dB; light <10 footcandles; no distinctive vibration, heat or smoke; no distinctive objectionable odors, traffic not drop below level of service C^D	2,000sf/ac. <40' high	50'^F/ 100' / 300' / 40'	quarter of a foot per arrival per week min 15' max requirement 100'	Retain 10-yr storm (4.95inches of rain), to drain into ground within 10 days
10. R		3,000sf/ac. <40' high	50'^F/ 100' / 300' / 40'		Also retain 100-yr storm (7inches), no time limit on draining into ground
11. H	All businesses, except those listed separately, with <60 arrivals/week/acre^C On property lines: sound <60dB; light <10 footcandles; no distinctive vibration, heat or smoke; no distinctive objectionable odors	3,000sf/ac. <40' high	50'^F/ 100' / 300' / 40'	tenth of a foot per arrival per week min 15' max requirement 100'	Retain 10-yr storm, to drain into ground within 10 days
11. H		4,000sf/ac. <40' high	50'^F/ 100' / 300' / 40'		Also retain 100-yr storm, no time limit on draining into ground
12. T	All businesses, except those listed separately. On property lines: sound <60dB; light <10 footcandles; no distinctive vibration, heat or smoke; no distinctive objectionable odors	3,000sf/ac. <40' high	50'^F/ 100' / 300' / 40'		Retain 10-yr storm, to drain into ground within 10 days
12. T		4,000sf/ac. <40' high	50'^F/ 100' / 300' / 40'		Also retain 100-yr storm, no time limit on draining into ground
13. I	All businesses, except housing, adult, & essential utility equipment. On district boundary: sound <60dB; light <10 footcandles; no distinctive vibration, heat or smoke; no distinctive objectionable odors	<50% impermeable surface. <75' high	50'^F/ 100' / 300' / 40'		Retain 10-yr storm, to drain into ground within 10 days
13. I		<75' high	50'^F/ 100' / 300' / 40'		Also retain 100-yr storm
14. I	Adult businesses	<40' high	50'^F/ 100' / 300' / 40'		1500' from District boundary, 1500' from lot with house, church, school, human care, 2500' from other adult business or its sign. Not visible from any historic site or from Potomac R., Shenandoah R., or Opequon Cr.
15. R, H,T, I	Schools & their outdoor facilities		50'/ 100' / 300' / half foot times high occupancy
16. R, H,T, I	Fire, Ambulance, Police stations		50' / 100' / 300' / 100'
17. R, H,T, I	Fences, mailboxes, newspaper tubes, sheds, historic markers	<6' high
18. R, H,T, I	Fences 6' to 10' high, school bus & mailbox shelters	<10' high	2' (need not be vegetated)
19. R, H,T, I	Freestanding signs	<40' high	10' / 100' / 300' /sign ht		Lighting aimed down & not in drivers= eyes. Not visible from any historic site or from Potomac R., Shenandoah R., or Opequon Cr.
20. R, H,T, I	Flag poles	<40' high	10'		No upward lighting
21. R, H,T, I	Easements	No restrictions on easements which prohibit uses. Easements which permit uses are allowed, but the uses must also meet zoning restrictions (e.g. utility easements)
22. R	Clearing any amount of timber on a parcel				Note article 5
23. H, T, I	Clearing less than 50% of timber on a parcel				Note article 5
24. R, H,T	Businesses which do not meet the limits above may be allowed by Conditional Use Permit if they meet the criteria given in the section on Conditional Uses.
	The following essential utilities & equipment are permitted in all zones, as required by 8A-1-2(f) 8A-7-3(e)
25. R, H,T	Water & sewer plants	3,000sf/10ac <40' high	50'^F/ 100' / 300' / 40'	300'	Not visible from any historic site or from Potomac R., Shenandoah R., or Opequon Cr.
26. I	Water & sewer plants	<75' high	50'^F/ 100' / 300' / 40'	300' from District boundary only	Not visible from any historic site or from Potomac R., Shenandoah R., or Opequon Cr.
27. R, H,T, I	New overhead utilities	<200' high. Below tree line of Blue Ridge	2X pole ht / 40' / 300' / 0' These setbacks are for poles, not cables.		Transmission towers over 40' and cleared pathways between them shall not be visible from any historic site or from Potomac R., Shenandoah R., or Opequon Cr.
28. R, H,T, I	Other towers (cell & water) (Note windmills with moving blades are not just a tower and are regulated with All businesses, except those listed separately)	<200' high. Below tree line of Blue Ridge	2X tower ht / 100' / 300' / 2X tower ht	20'	Not visible from any historic site or from Potomac R., Shenandoah R., or Opequon Cr. Cell tower & antenna must be >1000' from lot with house, church, school, human care. Private cell tower >40' must provide bond for removal.
29. R, H,T, I	Underground utilities, phones, call boxes, hydrants, traffic signals		2' (need not be vegetated) Water, sewer, & gas lines must be 100' from sinkholes		Trenches need waterstop every 100'. Sewer lines need leak detection system.
30. R, H,T, I	Regulating & measuring devices & structures in which they are housed	<20' high	twice structure height

^A Sensitive areas are: streams; ponds; sinkholes; rock fissures over 5' deep, wetlands; habitat supporting rare, threatened or endangered species. Note the Floodplain Ordinance also regulates uses along floodplains. Historic sites are property listed on the West Virginia or National Register of Historic Places, or battlefields identified by Millard Bushong=s History of Jefferson County or Jefferson County Confederate Veterans= Historic Markers.

^B At least half the trees included in the evergreen buffer initially must be fast growing, sized to become nearly opaque from grade of road/stream/property line to 6' above said grade within 2 years, and to grow at least 30' above said grade at maturity. Heights may be partly or entirely achieved by berms. Mix must include at least 4 species, no one species starting at over 30% of plants. Thinning for growth may alter mix, but once the buffer has become nearly opaque at a particular height, that height must be maintained or the business closed until it is restored. Width during the first 10 years is measured to the size the tree crowns are expected to reach in the 10th year, and at actual width after 10 years. This is not in addition to vegetated setback; the same land can count for both. Parking must be behind the evergreen buffer, not outside it. No buffer is needed for buildings which exist 1/1/05 unless their volume is expanded more than 30%.

^C Arrivals count motorized vehicles, but not pedestrians or bicycles (8A-7-2(b)(11)). Limits are applied each week, not averaged over a longer period.

^D Level of service will be determined along most direct main road to closest of: Martinsburg, Winchester, Hagerstown, Frederick, Leesburg. Traffic will be evaluated at time of final plat approval, based on state definitions of levels of service and on the traffic expected if 80% of unbuilt lots with final plat approval up to that time are built.

^E When limits are shown per 100 acres or per acre, they are proportional for other sizes. For example a 50-acre site is entitled to half as much as a 100-acre site. Every parcel existing at time of adoption of this amended ordinance is allowed at least one house of any size.

^F Road setbacks marked with note F must be the greater of the height shown or twice the height of the structure. For example a house up to 25' high needs a 50' setback, but a house 40' high needs an 80' setback.

^G Cluster index is area of a circle enclosing all homes & driveways except one, measured in acres per house. Thus a cluster of worker apartments or sales or rental homes may be built at a distance from the main house, which would be the one excluded from the circle. Note that if cluster circle has ¾ acre per house, construction limits double. Lots & septic systems if used may extend outside the circle; this is to encourage clustering of homes & driveways, to preserve open space.

3. Parent-Child Transfers