Both sides in force at final zoning hearing

The final hearing on changes made to the proposed zoning ordinance brought out 40 people who voiced both sides of the issue, sometimes passionately.

The Morgan County Commissioners held the hearing in their meeting room in the new courthouse on Thursday evening, July 29.

Commission President Brenda Hutchinson began by reviewing all the changes the commission made to the ordinance after receiving public comments at July 1 and July 2 zoning hearings in Berkeley Springs and Paw Paw.

A copy of the proposed ordinance with the changes highlighted in bold was given to each person who attended and is available at the County Commission office.

Hutchinson went through the tentative fees associated with zoning paperwork and applications. The fees ranged from $20 to $100.

Back & forth

Eric Pritchard said he felt the ordinance was illegal because the county’s comprehensive plan did not meet the standards of West Virginia law.

Planning Commission president Jack Soronen disagreed with Pritchard, but said he was willing to try to address concerns about the comprehensive plan.

Hutchinson said the commissioners would submit the comprehensive plan for legal review and make any necessary changes.

George Farnham and David McDonald spoke in support of the ordinance, calling it “well thought out and worthy of our support.”

Kevin Sites asked for an estimate of how much zoning would cost the county each year. He said fees would not pay for zoning because development wasn’t moving right now.

Hutchinson said costs not covered by fees would be paid out of the county budget.

Todd Farris asked how many people the county would hire to administer zoning.

Hutchinson estimated the cost of salary and benefits for a zoning administrator at $50,000.

Commissioner Tommy Swaim felt they would also have to hire an assistant for the zoning administrator.

Vote likely in November

Brad Close asked, “Will we get to vote on the ordinance this year?”

Commissioner Stacy Dugan said it would be decided by the commission at the August 5 meeting. Commissioners Hutchinson and Swaim indicated they would vote to put the ordinance on the ballot this year.

Danise Edminsten objected to a specific paragraph in the document that puts the burden of proof on the property owner if someone challenged whether a non-conforming use existed before the ordinance took effect.

Planning Commission member Amy Lane said the only person who could prove whether the use was pre-existing is the property owner.

“Shouldn’t the burden of proof be on the person bringing the complaint?” asked Nelson Sparks.

Bob Marggraf asked when the ordinance would take effect if it was approved by voters.

Hutchinson said the ordinance would take effect on July 1, 2011. This gives the commission time to hire a zoning administrator, set up a volunteer zoning board and create the necessary forms.

Mark Hann asked if all the other ordinances such as the subdivision ordinance and noise ordinance would still be in effect if zoning is passed.
Hutchinson said the zoning ordinance does not supercede other ordinances. Zoning answers the question where certain development and activities can take place that the other ordinances don’t address.

“We have so many rules right now. I can’t imagine that we need more government to tell us what we need to do,” Hann said.

Speaking for zoning, Burt Lustig said, “I live up against Sleepy Creek Mountain and I feel that I have a right to expect that an industry will not move in next door to me and ruin my property values, and I have a right to expect that a 500-home development will not move in above me and ruin my well and ruin my pond.”

By the end of the meeting, the commissioners had not decided to make any additional changes to the proposed zoning ordinance.