Vance County Zoning Ordinance …. 1977?


Back in September 2006 when the county was discussing enacting county wide zoning, County Manager Jerry L. Ayscue brought up a good point.  What about this old zoning ordinance? We have obtained a copy of a document titled Vance County Zoning Ordinance that was enacted in 1977 and it is now being questioned if this ordinance is still in effect and if so, what does that mean for the newly proposed ordinance.   The minutes regarding zoning from that 2006 discussion are below.

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At this time, County Manager Jerry L. Ayscue gave a brief history of an old County zoning ordinance. He explained that according to City officials, the City of Henderson exercised its authority to control the extra-territorial jurisdiction area of a mile and a half from February 11, 1974 until June 26, 1977. On May 23, 1977 the Vance County Board of Commissioners adopted a zoning ordinance to cover the ETJ area as of June 27, 1977. On December 12, 1994 the City reclaimed the ETJ area where it has remained under City land-use planning control through current times.

During the time that the ordinance was in effect, it was not aggressively implemented. Since the City re-assumed its control of the ETJ, the Board of Adjustments was basically replaced with County and City appointments to a joint Planning Board through the City, which oversees land-use planning requirements for the ETJ.

The old ordinance was apparently designed specifically for the ETJ area. It is no longer applicable in that regard and should possibly be rescinded if a county-wide zoning ordinance is adopted. The County Attorney is currently researching the legal process necessary to rescind the old ordinance and should be able soon to advise the Board of Commissioners accordingly.

Commissioner Danny W. Wright made a motion to refer the matter to the County Attorney and the Planning Committee for a recommendation to the full Board. This motion was seconded by Commissioner Wilbur M. Boyd and unanimously approved.

Ken Krulik, Planning and Development, then presented the 6th draft version of the proposed zoning ordinance. Mr. Krulik explained that the latest revisions were a result of a joint meeting of the Planning Board and the Citizens Advisory Committee. He explained that the final draft still needs to be formally recommended by action of the Planning Board at its next meeting on September 25. A final draft of the document will then be presented to the Board of Commissioners at its October meeting.

After a lengthy discussion, it was decided that once the Planning Board has formally recommended and presented the final proposed document to the Board, the full Board would then hold the necessary amount of work sessions to review the document.

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The full text of the 1977 Vance County Zoning Ordinance is here.  19770627_vczoningordinance and 19770627_vczoningordiance2