FAIRLEA- After revising an earlier draft that had been publicly released in March, the Greenbrier County commission again heard residents’ mixed opinions on an updated zoning ordinance Tuesday evening. While there haven’t been many changes to the actual zoning map since 1978, citizens continue to voice their qualms with the updated text of the ordinance.
In the previous March hearing, criticism from landowners, business owners, and farmers had primarily revolved around overregulation concerns. While some residents this time around praised the Commission for changes to the earlier draft, others still highlighted what they perceived to be contradictory and unclear policies in the latest version of the ordinance. This go-round, residents were more concerned with new listed land uses for open space conservation areas, property right discrepancies, and an apparent lack of zoning enforcement.
A citizen of Lewisburg’s open space conservation district, Robert Ronan, was first to the microphone, and gave his overall support for zoning, saying it provides “protection of property values, the protection of farmland, and the protection of urban sprawl”. However, Ronan then asked the commission to send the newest draft “back to the planning commission” because it “obliterates the distinctions between zoning areas…making everything allowed”. Multiple residents echoed these sentiments, fearing the latest version of the ordinance would allow for the over-commercialization of natural areas that give Greenbrier County its true draw for tourists.
Linda Ball, a long-time resident of Lewisburg and a retired educator, reflected these concerns. Referring to a zoned section of Route 60 known as the Midland Trail National Scenic Byway, she pointed out that the new draft added “31 more land uses, including tattoo parlors, bars, convenience stores, and gas stations” along this scenic stretch of road.
Jan Holwick, a 35-year Greenbrier County resident and farm owner, remarked, “this document basically changes open space non-commercial areas to a new area with a new definition.” She drove the point home that one of the best parts for visitors to Greenbrier County is the scenic drive into Lewisburg for instance, not just the city itself.
Additional concerns were raised about previous lack of zoning enforcement. Holwick, also a member of the Board of Zoning Appeals, admitted that there have been several issues in the past with the “authority of the BZA being undermined” for large commercial interests.
As resident Randy Tuckwiller took the stage, he too reminded commissioners of past instances where zoning rules were ignored, records were falsified, and the community had to “run off” abusers of the old ordinance on their own. “I would hope that with this new zoning, we put some teeth into it” Tuckwiller said.
“Those who don’t abide by zoning permits, there’s a price to pay” (rather than slap on the wrists, so to speak).
Other citizens stressed ambiguities in the fine print of the updated ordinance, and the importance of respecting property rights. Brandon DePreist, another resident of Lewisburg, drew attention to confusing text over the definition of a “mass gathering” on zoned property, further stating that the draft did not allow for guests to stay overnight on his property after a possible wedding, reunion, or something of the like.
Jesse Bennett, a resident whose professional career involves overseeing land surveyors, drone pilots, and talking with property owners across the state, mentioned, “when you shift private property rights to authorities, it should be the burden of [the commission] to justify why you are doing so.” In his opinion, there hasn’t been quite enough notice given to the public on any zoning issues at all, up until now.
While there were lots of criticisms, the commission did receive some positive feedback from the community as well. Taso Stavrakis and Dawn Kieninger, who host the WV Renaissance Festival on their 325 acres every year, thanked commissioners for their work thus far on the new draft, and told WVDN: “in the previous proposal submitted by the board, there was a lot of talk about limiting RV usage, but that has been [omitted].” The couple also mentioned that the new draft allows them to use their horses for agriculture, the previous version having limited it to mainly cattle. “We can tell the commission is listening to citizens and is actively trying to make changes.”
Nevertheless, Stravakis and Kieninger also noted that the newest draft of the ordinance needs a “less random” list of land uses, perhaps in the future including art studios and farmer’s markets, especially if used for supplementing a landowner or farmer’s personal income.
County Commission President Lowell Rose gave closing remarks; “We thought the last draft was overkill, and we wanted to make it so that people had more choice with this one.” Admitting the new zoning ordinance will be a “balancing act,” Rose went on to say that they “loosened restrictions in the latest draft” but some degree of zoning restrictions was and still are necessary for new business to blossom.
As a farm owner himself, Rose identified with those opposed to overregulation but also reminded citizens that “in the 8% of the county we have zoned, we have to protect people that also live side by side, not just the people on 150, or 200, or even 1000 acres, but the people that live next door to each other”.
The Greenbrier County commission will hold another public hearing toward the end of the month of July (to be announced). Follow WVDN for more updates on this story.
