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JEFFERSON COUNTY ZONING & DEVELOPMENT REVIEW ORDINANCE

Includes changes through 1/10/02 (which revised the rules for Summit Point Raceway). Click here to return to: www.listeners.homestead.com which has the separate ordinances on Subdivisions, Flood Plains, Building Permits, Salvage Yards, and Zoning map

Readers may be interested in the following Zoning Ordinance HIGHLIGHTS:
Section 1.2 exempts TOWNS, which pass their own rules
Section 4.3 allows EXISTING BUSINESSES to expand, even if they’re in the wrong zone
Section 4.5 exempts FARMING from most zoning rules
Section 5.4 to 5.10 list what can be done in each DISTRICT
Section 6.2 to 6.5 show how land is rated (DRS/LESA)
Section 7.8 describes appeals & VARIANCES

Symbols in the margins show when each paragraph was amended, as explained at the end of the table of contents. The latest changes are underlined.

Most of Jefferson County is in the "Rural District" (section 5.7) where this zoning ordinance limits new subdivisions to 1 lot for every 10 acres in a farm. There is a 1-sentence exception that permits up to 12 lots per acre on land that is 0-60% as good as the ideal farmland: "Development Review System does allow for higher density." That scoring system is explained in sections 6.2 to 6.5. The resulting number of lots is explained in the Subdivision ordinance and in Section 5.4 below.

That scoring system, LESA (Land Evaluation & Site Assessment), was developed by USDA in the 1980s. Dozens of counties use it in different ways. For example Clarke County VA strictly limits the number of lots that can be split from each farm. Then they use LESA to identify good land, where they force the new lots to be smaller, saving farm land. (Their subdivision limit is a sliding scale: 4 small lots from a 100-acre farm, 6 from 200 acres, etc.)

The only official copy of the ordinance is in the files of the County Clerk. Neither Jefferson County nor P Burke assumes responsibility for errors. All colors have been added for clarity on the web, are not in the original, and have no legal significance. Defined words are colored violet, so the reader will be reminded to check the definitions in section 2.2. Please report all problems to listener-owner@yahoogroups.com so improvements can be made.]]

JEFFERSON COUNTY ZONING & DEVELOPMENT REVIEW ORDINANCE

Jefferson County, WV

TABLE OF CONTENTS

ARTICLE 1. PURPOSE, JURISDICTION, APPLICATION, INTERPRETATION AND SEVERABILITY
Section 1.0 Effective Date
Section 1.1 Purpose
Section 1.2 Jurisdiction
Section 1.3 Application and Interpretation
Section 1.4 Severability
Section 1.5 Use of Technical Information
Section 1.6 Wireless Telecommunication Moratorium [[expired 6/25/98. Replaced by Article 4B]]

ARTICLE 2. DEFINITIONS
Section 2.1 Definitions
Section 2.2 Terms Defined

ARTICLE 3. ADMINISTRATION AND ENFORCEMENT
Section 3.1 Administration
Section 3.2 Zoning Administrator
Section 3.3 Enforcement

ARTICLE 4. GENERAL PROVISIONS
Section 4.1 Ordinance Deemed Minimum Regulations; Uniformity
Section 4.2 Compliance with Ordinance
Section 4.3 Nonconforming Uses
Section 4.4 Prohibited Uses
Section 4.5 Agricultural Uses Permitted Generally
Section 4.6 Distance Requirements
Section 4.7 Essential utility equipment
Section 4.8 Buildable Lot
Section 4.9 Traffic Visibility Across Corner Lots
Section 4.10 Site Plan Requirements
Section 4.11 Landscaping, Screening and Buffer Yard Requirements
Section 4.12 Outdoor Lighting
Section 4.13 Development in or Adjacent to the 100 Year Floodplain
Section 4.14 Development Adjacent to the Potomac or Shenandoah Rivers
Section 4.15 Location of Jails/Prisons
Section 4.16 Setback Chart
Section 4.17 West Virginia Legal Fireworks
Section 4.18 Model Home and Staffed Sales Offices

ARTICLE 4A. HOME OCCUPATIONS AND COTTAGE INDUSTRIES
Section 4A.1 Home occupations, Level 1
Section 4A.2 Home occupations, Level 2
Section 4A.3 Cottage industry
Section 4A.4 Covenants

ARTICLE 4B. WIRELESS TELECOMMUNICATIONS FACILITIES
Section 4B.1 Site Plans
Section 4B.2 Fence
Section 4B.3 Setbacks
Section 4B.4 Location
Section 4B.5 [[none]]
Section 4B.6 Other Provisions
Section 4B.7 [[Vertical Height]]

ARTICLE 5. DISTRICT ESTABLISHMENTS; ZONING MAPS; DISTRICT BOUNDARIES; DISTRICT REGULATIONS
Section 5.1 Establishment of Districts
Section 5.2 Boundaries of Districts
Section 5.3 District Maps
Section 5.4 Residential-Growth District
Section 5.5 Design Standards for Multi-family Dwelling
Section 5.6 Industrial-Commercial District
Section 5.7 Rural District
Section 5.8 Residential/Light Industrial/Commercial District
Section 5.9 Site Plans
Section 5.10 Village District

ARTICLE 6. DEVELOPMENT REVIEW SYSTEM
Section 6.1 Development Review System (DRS)
Section 6.2 Issuance of a Conditional use Permit
Section 6.3 The Soils Assessment
Section 6.4 Amenities Assessment
Section 6.5 Computation of Soils/Amenities Assessment

ARTICLE 7. PROCEDURAL REQUIREMENTS FOR REVIEW
Section 7.1 Purpose
Section 7.2 Zoning District Permitted Uses
Section 7.3 General Development Review System Requirements
Section 7.4 Filing the Application
Section 7.5 Planning and Zoning Staff Evaluation of the Development Review System
Section 7.6 Compatibility Assessment Meeting
Section 7.7 Public Hearings for Development Review System
Section 7.8 Board of Appeals Approval of Conditional use Permit [[and variances]]

ARTICLE 8. APPEAL PROCESS
Section 8.1 Filing an Appeal
Section 8.2 Processing Procedures
Section 8.3 Public Hearing
Section 8.4 Postponement of the Hearing
Section 8.5 Continuance of Hearing

ARTICLE 9. EXCEPTIONS
Section 9.1 General
Section 9.2 Building Height Limitations
Section 9.3 Lot area Modifications
Section 9.4 Setback Modifications
Section 9.5 Projections Into Yards
Section 9.6 Accessory Structures
Section 9.7 Other Exceptions

ARTICLE 10. PROVISIONS FOR SIGNS
Section 10.1 Purpose of Sign Provisions
Section 10.2 General Provisions
Section 10.3 Permitted Signs Without Zoning Permit
Section 10.4 Signs Requiring a Zoning Permit
Section 10.5 Special Exceptions Uses (Requiring Appeals Board Authorization After Public Hearing)
Section 10.6 Zoning Certificate

ARTICLE 11. OFF-STREET PARKING STANDARDS
Section 11.1 Non-Residential Parking Standards
Section 11.2 Internal Circulation, Entrance and Parking Requirements
Section 11.3 Residential Parking Standards

ARTICLE 12. MAP AND TEXT AMENDMENTS
Section 12.1 Purpose
Section 12.2 Procedure for Amendment

SYMBOLS show approvals by the County Commission:
+ approved 5/4/89
* approved 8/31/89
@ approved 9/14/89
# approved 10/12/89
% approved 11/30/89
& approved 9/13/90
> approved 10/4/90
^ approved 7/15/93
$ effective 5/18/96
= effective 1/1/97
~ effective 6/12/97
< effective 2/11/98
[ effective 7/1/98
{ effective 8/13/98
x effective 12/10/98
! approved 9/23/99 [[underlined text. Legality was questioned, since County Commission amended without sending written reasons to Planning Commission under WV law 8-24-22. Assistant County Attorney Cassell calls this "a technical failure ... not a fatal flaw"]]
\ approved 1/10/02

[[ text ]] editor's notes, not part of ordinance

Section numbers appear at the beginning of each section. They are repeated in long sections, where needed for clarity.

ARTICLE 1. PURPOSE, JURISDICTION, APPLICATION, INTERPRETATION AND SEVERABILITY

Section 1.0 Effective Date

This Ordinance shall become effective ninety (90) days after the date on which the County Commission acts to adopt it.

Section 1.1 Purpose

The purpose of this Ordinance is to:

(a) Protect and encourage the health, safety and general welfare of the present and future population of Jefferson County.

(b) Help guide the future growth and development of Jefferson County in accordance with the adopted Comprehensive Plan.

(c) Encourage growth and development in areas where sewer, water, schools, and other public facilities are or will soon be available in order to provide services in the most cost effective manner.

(d) Insure that growth and development are both economically and environmentally sound.

(e) Encourage the maintenance of an agricultural base in the County at a level sufficient to insure the continued viability of farming.

(f) Encourage and support commercial, industrial, and agricultural activities while maintaining land use, order and compatibility.

(g) Encourage an improved appearance of Jefferson County with relationship to the use and development of land and structures.

(h) Encourage the conservation of natural resources.

(i) Provide a guide for public action in the orderly and efficient provision of public facilities and services.

(j) Provide a guide for private enterprise in developing and building a strong economic community.

(k) Encourage historic preservation.

Section 1.2 Jurisdiction

These regulations shall apply to all properties within Jefferson County, West Virginia; but, do not include the incorporated areas.

Section 1.3 Application and Interpretation

(a) The terms of this Ordinance shall be applied to promote the intent in Section 1.1 and the Comprehensive Plan.

(b) Where this Ordinance imposes a greater restriction than is imposed or required by other provisions of law, or by other rules, regulations or ordinance, or by private restrictions, covenants, or declarations, the provisions of this Ordinance shall control, except where specifically stated herein.

(c) Where a provision of this Ordinance is in conflict with another provision of this Ordinance the stricter regulation shall apply.

* (d) If a proposed use is not one in the list of those permitted in each zoning district, it shall be prohibited as though it was included in the list of prohibitions. However, the use may be approved if the Development Review System demonstrates that the use is compatible and appropriate with the neighborhood and the use can be approved by the Planning and Zoning Commission as a conditional use.

$ (e) Amendments to this Ordinance shall not adversely affect specific decisions made by the Zoning Board of Appeals or conditions on a Conditional use Permit dated prior to the adoption of such amendment. Determination of adverse affect shall be made by the Zoning Administrator.

Section 1.4 Severability

Should any article, section, subsection or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the Zoning Ordinance as a whole or any part thereof other than the part so declared to be invalid or unconstitutional.

Section 1.5 Use of Technical Information

Should any technical study, authorized by the Jefferson County Commission, become available after the adoption of this Ordinance, the County Commission shall authorize the Planning and Zoning Commission to scrutinize such study to determine the extent that this Ordinance may need to be amended. Such studies may include, but, are not limited to, information on recreation, groundwater, hazardous wastes, and historic structures.

Changes that arise from this provision may include additions and/or deletions of sections in this Ordinance which would further encourage the proper management and preservation of our Natural and Cultural Resources. All such recommended changes are subject to Section 12.1.

< Section 1.6 Wireless Telecommunication Moratorium [[expired 6/25/98. Replaced by Article 4B]]

< No application for commercial wireless telecommunication towers, antennas, auxiliary equipment shelter or structures, or any other commercial wireless telecommunications facility shall be accepted into the Planning Commission Office for review prior to July 1, 1998. Likewise, no commercial wireless telecommunication towers, antennas, auxiliary equipment shelter or structures, or any other commerical wireless telecommunications facility shall be constructed or placed in the unincorporated areas of Jefferson County prior to July 1, 1998.

< This provision shall expire on July 1, 1998 or on the date new rules regarding such facilities and antennas are adopted by the County Commission of Jefferson County whichever comes first.

ARTICLE 2. DEFINITIONS

Section 2.1 Definitions

For the purpose of these regulations, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, the singular number includes the plural and the plural is the singular. The word "shall" is mandatory and the word "may" is permissive. The words "used for" shall include "arranged for", "designed for", "intended for", "maintained for", "constructed for", or "occupied for". The word "person" shall mean natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust or the manager, laesa, agent, servant, officer or employee of any of them. The word "land" shall include water surface and land under water.

Section 2.2 Terms Defined

Accessory Use A structure or use which is customarily incidental and subordinate to the principal building or use which is located on the same lot as the principal building. Accessory structures include garages, tool sheds, storage buildings, swimming pools or other similar structures. An accessory structure having any part of a wall in common with a dwelling is considered part of the main building and must meet those setbacks.

Addition, Major A major addition shall include those additions which will directly affect the function of the site or those areas surrounding the site. Any substantial change of use classification, alteration of on- site parking requirements, potential adverse impacts of off-site storm water drainage, increased demand for public water and sewerage or additions which will cause the rerouting of traffic circulation shall be considered "major additions".

^ Adjacent/Confronting Affected Property Owner The owner of property adjacent to or confronting a proposed development (including the properties across any road, right of way or easement) which will be impacted either positively or negatively by that proposed development. Names and addresses of affected property owners will be taken from current tax records in the Jefferson County Court House.

^ Adult uses Uses that are commonly associated with adults only, including but not limited to: bars, lounges, dance clubs, stripping establishments, adult book stores, clubs, adult arcades, adult cabarets, adult motion picture theaters, massage parlors, sexual encounter establishments and other similar businesses.

! Agricultural Use The exclusive use of land for a bona fide farming operation. This includes activities such as dairying, horticulture, floriculture, viticulture, fish culture, animal and poultry husbandry, fish, meat and poultry processing, and other similar activities customarily associated with farming and agriculture. Seventy-five percent (75%) of the meat that is processed must be raised on the site of the processing facility for minimum periods of three (3) months for beef and pork and two (2) months for lamb and poultry. Agricultural activity shall not include commercial slaughtering of livestock, poultry, fish nor meat processing.

Amenities Utilities, roadways, and public services which make a particular site more attractive for development. Section 6.4 governs the assessment of amenities as it relates to the Development Review System.

Applicant Any person commencing to develop land under the Development Review System Ordinance or any person requesting an appeal to this Ordinance.

Area, Land Land area refers to new land area, exclusive of streets and other public space.

Billboard A structure on which is portrayed information which directs attention to a business commodity, service or entertainment not necessarily related to the other uses permitted on the premises upon which the structure is located. (See Sign, Outdoor Advertising)

{ Blue ridge line The common surveyed boundary between Jefferson County, West Virginia and Loudoun County, Virginia.

Board The Jefferson County Board of Appeals.

& Buffer An area on a property defined by a distance from the property line or other specifically defined line such as flood plain, wetland limit or stream bank. Said area is intended to absorb, lessen or neutralize the impacts of one land use from another. The nature of the buffer will depend on the impact(s) being neutralized.

Building Any structure which is permanently affixed to the land and has one or more floors and a roof. The term building shall include manufactured homes.

Building, Height of The vertical distance measured from the level of approved street grade opposite the middle of the front of the building to the highest point of the coping of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof.

Building Line The line established by law beyond which a building shall not extend as determined by front, side and rear yards herein.

Change of use Any use which is different than the previous use of a building or land or any change in the Standard Industrial Code in utilizing the Development Review System.

& Clustering Grouping structures in closely related groups at higher densities than normally permitted in certain areas in order to preserve other areas as parks, recreational areas or sensitive natural areas. Overall density of the total parcel remains within acceptable limits. See Chart (5.5.b) for minimum area per dwelling unit and minimum lot area.

[ Collocation The