Go to: OVERVIEW (SaveOurCounty) DETAILS (listener) PLANNING SCHOOLS ENVIRONMENT EROSION     Report corrections+broken links to Webmaster Get updates on local issues

Illustrative Sketches Printer-friendly copy

This draft Zoning Ordinance has a companion Subdivision Ordinance

WHAT IS PLAN B? Plan B is a meaningful Zoning Ordinance, consistent with state law, to give us: Lower Taxes, Less Houses, Less Traffic, More Business. This Plan B would allow more quiet, clean business and less housing. It also protects farming, scenery, historic sites, and the environment.

Lower taxes will result from more quiet, clean business. 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 for less than half 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, but zoning tightly restricts business. We get higher taxes, crowded roads, and water shortages, while only home builders benefit, and they can build in other counties instead.

Call County Commissioners and ask them to adopt Plan B. Commissioners are A. M. S. (Rusty) Morgan, Greg Corliss, Jim Surkamp, Dale Manuel, and Frances Morgan. You can call them any time. And write a short letter to the editor (include your address & phone).

Summary

I. The "Industrial District" would allow all businesses except houses. At the outer edge of the District, there would be limits on noise, light, and smells, to protect neighbors, so the noisiest businesses should be in the middle of an Industrial District.

(The other 3 Districts all allow different amounts of housing and business)

II. Businesses are allowed everywhere if you can't see, hear, or smell them, and if traffic is limited:

Evergreen buffers let you have business without intruding on the view.

Size is limited to 2,000-8,000 square feet per acre, depending which District & how well they handle storm water. 50 acres would allow 150,000sq.ft.

Traffic is limited to 30 vehicles arriving per week per acre, so 50 acres would allow 1500 arrivals, or 300 per weekday, which allows a very large office building or service business. This is the limit in the "Rural Development District." The limit is doubled in the "Higher Density Development District" and there is no traffic limit in the "Higher Traffic District" (areas where commercial use is now allowed: the mixed use & Village districts).

Major retail would not meet the traffic limits; it has too much traffic for residential areas, and can be in the "Higher Traffic District," and at the edges of the Industrial District, and in towns.

III. Houses of unlimited size are allowed, at the density below. To encourage affordable housing, each large house can be replaced by any 3,000 square feet of smaller houses. For example one large house can be replaced by: a 2,000sq.ft. main home, plus a 1,000sq.ft. starter home, or three 1,000sq.ft. starter homes, or five 600sq.ft. apartments. The mix of homes is entirely flexible, to meet the market.

The "Rural Development District" allows one house of unlimited size per 10ac, or you can have more homes, smaller, as above.

The limits are doubled if the homes are clustered, and doubled anyway in the "Higher Density Development District" and the "Higher Traffic District."

As drafted, all landowners can build the same number of homes per acre. Rural owners would have the option of building fewer if they are more spread out.

IV. Farms are allowed everywhere, along with some farm processing and farm stores.

V. There are also rules for signs, antennas, sewers & other utilities, parent-child transfers, setbacks from historic sites, streams & sinkholes, moderate limits on clearing forests, grandfathering existing businesses, etc.

Each of these rules of course is open for discussion and amendment: Should more houses be allowed or less? Should there be more or less difference among the Districts? What kind of businesses don't need buffers? What do you think? Answer here

Examples: Under the draft, 50 acres could have 5 large homes, or 15 small homes at 1,000sq.ft., or 25 apartments averaging 600sq.ft.. Or 50 acres could have 150,000sq.ft. of office buildings for about 200 employees. 300 acres could have 900,000sq.ft. of office buildings for 1,200 employees, or 60 townhouses averaging 1,500sq.ft., or 90 small (but nice) homes averaging 1,000sq.ft. (Click for illustrative Sketches )

Different uses can always be mixed, proportionately, for example some houses with an office building, or farm workers' housing on a farm, or large & small houses.

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 state law 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. Up to twice as many houses allowed if clustered^G	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. Every lot existing on the effective date of this amended ordinance is allowed at least one house with no size restriction.
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 Every lot existing on the effective date of this amended ordinance is allowed at least one house with no size restriction.
4. R, H,T	Businesses inside houses, which cannot be seen, heard or smelled off the property, 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 or evaporate within 10 days
		3,000sf/ac. <40' high			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 or evaporate within 10 days
		4,000sf/ac. <40' high			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	6,000sf/ac. <40' high	50'^F/ 100' / 300' / 40'		Retain 10-yr storm, to drain into ground or evaporate within 10 days
		8,000sf/ac. <40' high			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 or evaporate within 10 days
		<75' high			Also retain 100-yr storm, no time limit on draining into ground
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. light<10 footcandles at property lines.		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. Any use which disturbs ground more than 1' deep must be 50' from all known graves, or be dug by hand, to allow for the possibility of unknown unmarked graves (below 8' digging may begin mechanically)

^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 with no size restriction.

^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 If houses are clustered on less than 2 acres per house, more homes are allowed on a sliding scale, depending on how tightly the homes are clustered. The adjusted allowance is the basic allowance shown in row 2c times (2/cluster size), up to double the number shown. Cluster size is area of a circle or square enclosing all impervious surfaces, homes & driveways except one, measured in acres per house enclosed. 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. Extra houses range from none when the circle or square has 2 acres per house, to double if circle or square has 1 acre per house. Lots, wells & 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

An individual or a married couple who have in their own name(s) or through a corporation, at least 30% ownership of a parcel of land, may set aside a housing unit for each of their children or parents, even if this limit exceeds the limits in Table 1. The recipient may not sell the property for five years. The original landowner may take advantage of this exception only once for each child or once for each parent, only on land they have owned over ten years, and only if they lack enough land to make similar provision without the exception.

4. Rules Applicable Everywhere:

a. Uses may be combined proportionately on the same or different lots. Subdividing is optional.

b. When square feet are limited per acre, the acres needed to support a certain number of square feet shall be identified by easement, shall be in the same zoning district, and may not be double-counted to support additional square feet at the same time. If a residue lot has used some of its development rights under previous versions of this ordinance, rights under this amendment may also be used, in proportion to the rights which remain under the previous ordinance at the time this amendment is adopted.

c. Business customers may not park on public roads or subdivision roads, except up to 2 special occasions per year; business must provide enough parking off street.

d. No flashing lights (except holiday lights for up to 2 consecutive weeks/yr)

e. Signs on a parcel may not in total exceed 1sf per 1000sf of floor area

f. No light across property lines brighter than 10 footcandles (10 candles 1 foot away, typical of a hallway)

g. Roof may overhang up to 3' into setback

h. Decks, porches and windows may project into setback up to 3' and no more than 30sf per structure

i. Antennas, chimneys and other projecting equipment, totaling up to 0.1% of structure volume, may extend above 40', but not above 75', except when eligible as essential utilities and equipment which has its own limits.

5. Development around Existing Vegetation

a. The H, T, and I districts are considered urban as the term is used in 8A-7-10(c), and an owner may not reduce tree cover below 50% of tree cover on the effective date of this amended ordinance, nor below 25% of the site, whichever rule preserves more tree cover. If an owner in the R district does so, he or she may not change the use of the site for 10 years thereafter.

b. The following limits apply to all lands east of the Shenandoah River and all lands within 1,000 feet of the Potomac and Shenandoah Rivers and Opequon Creek.

Weighted Average

Slope of Land Percentage of Land To Be

Percent Maintained in Natural, Undisturbed Condition

10 ‑ 14.9 25

15 ‑ 19.9 40

20 ‑ 24.9 55

25 ‑ 29.9 70

30 ‑ 34.9 85

35+ 100

6. Elements Required by State Law

This ordinance does, as required by 8A-7-2(c)

(1) Create a board of zoning appeals;

(2) Specify certification requirements for zoning district maps that are consistent with the governing body's comprehensive plan;

(3) Adopt procedures and requirements for nonconforming land uses;

(4) Adopt procedures and requirements for variances; and

(5) Adopt procedures and requirements for conditional use permits.

a. Board of Zoning Appeals;

There is hereby created a Board of Zoning Appeals with authority and duties as provided in 8A-8.