Thumbs up on new zoning
There is one thing people of every political persuasion agree on: there is no such thing as perfect legislation. In the sausage factory of public policy-making, lawmakers have to blend competing rights and conflicting interests. The same is true for the proposed Jefferson County zoning ordinance that will be put to a referendum vote November 7.
It is by no means perfect, but when compared to the 21-year-old existing ordinance, the choice is a no-brainer.
The existing system, so-called non-traditional zoning, is not zoning at all. It is based on the antiquated Land Evaluation and Site Assessment system, or LESA. It was already outdated by the time Jefferson County adopted it, and as a zoning tool it’s been abandoned by nearly every jurisdiction nationwide that tried it. Here are just a few of the problems.
First, it takes away every one of your Constitutional property rights, and doles them out one by one as privileges. Want to open a B&B in your Jefferson County home? Forget it. How about a childcare business to serve your neighbors? Nope. A country store or some other rural business? Nope. Sure, you can lie prostrate before county officials and beg, but . . .
Second, the bar keeps moving. There are no clear statements of what standards must be met in order to win approval. Address one issue, and another one might arise, and worse . . .
Third, as the bar is raised ever higher, so is the price tag. Are you a farmer who wants to sell produce from your land? Well, if you can spend $20,000 on a site plan, you might—might—get it approved. As a result . . .
Fourth, only the wealthiest people or companies can make the system work for them. If you have enough money to convince zoning authorities that it makes sense to build townhouses eight miles from the nearest town, you win. Oh, and when the residents of those townhouses wake up one morning to the smell of manure, the farmer next door—the one providing the scenic rural view—is said to be creating a nuisance.
It’s not surprising that so many activists are suspicious of moving to a more “traditional” zoning regimen. Their experience with the current one has made almost no one happy.
The proposed new ordinance offers everyone a level playing field and a degree of certainty that everyone can live with.
It encourages rural economic enterprises. It spells out in clear detail what the requirements are for various types of business in each zone, it offers definitions in plain English, it attempts to both manage growth and promote economic development, and it offers a nod to the modern farm economy by allowing—even encouraging—farmers to develop value-added businesses compatible with their farm operations. It even acknowledges that businesses like small-engine repair are as much a part of the rural landscape as equestrian operations.
It’s not perfect. Some people complain that it promotes too much development. It does allow more growth than the current ordinance. And the proposed ordinance provides modern environmental protections for the groundwater beneath our distinctive karst typography. It also requires a permit to demolish a historic building.
If you are someone who has been burned by the baffling, frustrating—okay, infuriating—current system, the proposed ordinance offers you relief.
If you are someone who just plain hates government, you will still be better served by the proposed ordinance. You won’t ever have to go beg and plead again: if you can read, you can navigate through the rules easily enough.
If you are one of the few who has benefited most from the existing arcane system, take heart. You’ll be able to spend more time growing your business and less money on lawyers. Even you will be better served by rules that offer clear standards.
If you live within one of the county’s incorporated municipalities, sorry, you can’t vote. The West Virginia legislature places no value on your Constitutional right to equal protection. To find out if you are eligible to vote, see jeffersoncountyclerkwv.com.
No matter where you live in Jefferson County, you should read the proposed ordinance. It takes about two hours to skim through the entire document. It is long, almost 300 pages, but only 88 pages deal with rules. The rest is preamble, useful definitions, and application procedures.
It’s available at local libraries and online at Jefferson County Planning.
The document has changed a lot since its first public unveiling. Clearly, county officials were listening to what they heard at public forums.
We give it a thumbs-up, and urge you to do the same. Election Day is November 7; early voting is October 16 through November 4.
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