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Zoning: Is Scott County Ready for It?

Lisa Watson McCarty
Publisher

Take a look at zoning in Scott County.
Is Scott County ready? You decide.

• Zoning Open House
• Zoning Exhibits

Local residents got their first look at a proposed zoning ordinance at a special “open house,” hosted by members of the Scott County Planning Commission.

Although only two dozen or so citizens attended the event held Thursday at the Scott County Career and Technical Center, those that did questioned some part of the 153-page long document.

Planning Commission Vice Chairman Rodney Baker explained the event was only an information session and not a public hearing. Even though commission members stressed throughout the evening they were present to explain the ordinance and talk to citizens, some residents were ready to speak their peace.

“The main reason we began this process for zoning was to have a tool in place to regulate where meth clinics or adult-oriented businesses could be located in our county,” stated Baker. “Zoning is the accepted way of regulating these types of businesses.”

He added zoning added a safeguard for property owners who didn’t want their neighbors to turn adjacent land into a tire recycling center, mobile home lot or some other type of use they considered unsightly.

Although zoning gives counties flexibility by determining specific uses for land, the ordinance cannot completely prohibit an adult businesses or drug treatment facility from locating in an area.

At best zoning would force these businesses to locate in areas zoned for that purpose.

But with no zoning ordinance in place, these businesses and similar others can purchase land anywhere they desire to use as they wish.

Terry Harrington of MarshWitt Associates of Roanoke has been working with county officials since late 2004 to implement some type of zoning throughout the county.

In 2005 a series of community meetings were held at locations in each election district to give local residents an opportunity to let their feelings be known. During the meetings, most were only attended by a handful of folks.

According to Harrington, Scott County began preparing a zoning ordinance several years ago.

“The process began with the Planning Commission learning about zoning – what it is, and how it works in a small rural county like Scott County,” he explained. “Community workshops were held in 1995 to get citizen ideas for the new zoning ordinance.”

At Thursday’s event, some visitors complained that local residents didn’t know the county was considering adopting county-wide zoning and said officials needed to try to better inform county citizens.

According to the draft ordinance, existing land uses would be allowed to continue under a grandfather clause. The ordinance separates the county into six categories of land use with 95 percent of Scott County defined as Agricultural and Residential District (AR).

“Most folks need to understand that most things they want to do with their land are allowed by right,” Baker added. “And those things that aren’t might be addressed by a variance.”

Six traditional zoning districts are proposed – two agricultural districts, two residential districts, one commercial district, and one industrial district. Each district allows a very broad list of permitted land uses. Standards for parking, landscaping and buffering between zoning districts are also proposed. Use and design standards have been proposed for many of the allowed land uses and some land uses will only be allowed with Board of Supervisors’ approval.

Districts include:

Under the AR designation, minimum lot size for new lots is 13,000-square-feet if public water and sewer is provided. Otherwise minimum lot size is 20,000-square-feet. Minimum frontage for lots is 75 feet.

Under the MDP district, all new mobile home parks must be at least 10 acres with no more than 10 units per acre. Public water and sewer must be provided to all lots in the manufactured home park

Adult-oriented business and drug treatment facilities must be in locations zoned C-1 and will require the approval of the Board of Supervisors A minimum of 1,000-feet separation must be in place between similar uses.

In the draft ordinance these uses cannot locate within 500 feet of a residential or agricultural zoning district. Adult uses must be a minimum of 500 feet from churches, schools, parks and daycare centers. Drug treatment clinics must be ∏ mile from these uses.

The section on home businesses was also questioned by many attending the meeting. Most felt the county’s proposals were too stringent.

The proposed ordinance would establish detailed standards for the operation of home occupations – small scale businesses operated from residential dwellings. Such businesses will be allowed only if they comply with these stringent standards. These standards include:

All home occupation permits will be reviewed administratively by the county staff and approved if they meet all of the required standards. The staff has the authority to send any home occupation application to the commission and board for review, if the staff believes the business, as described, may not meet these standards.

The proposed ordinance also contains clear enforcement procedures if the required standards are violated.

Standards for landscaping, parking and buffer zones for commercial and industrial zones are also outlined in the ordinance. Under the ordinance, parking lots larger than 10,000-square-feet (approximately 40 spaces) must be constructed of a hard surface such as asphalt or concrete.

Some representative minimum parking requirements include:

The question about whether county could be subdivided was answered during the presentation. Harrington explained that land could be subdivided in communities that adopt zoning.  The draft zoning ordinance contains minimum lot size standards in some zoning districts and the standards must be met when land is subdivided. 

The complete PowerPoint Presentation is available online.

The Scott County Planning Commission will conduct a public hearing on the draft zoning ordinance later this year. Officials state the hearing could be held as early as March.

Only a few counties in Southwest Virginia and Northeast Tennessee have not implemented zoning. Scott County, Russell County, Dickenson County, Buchanan County, Tazewell County, Wythe County and Carroll Counties have no zoning in place.

In Tennessee the list is even shorter. Hancock County and Johnson County do not have zoning ordinances on the books.

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