Sixth zoning ordinance draft presented


Before Senior Planner Ken Krulik could introduce the sixth version of the proposed Vance County zoning ordinance to the Board of Commissioners, County Manager Jerry Ayscue gave the commissioners a brief history of zoning in the county.

According to Ayscue, the City of Henderson exercised control over the ETJ (Extra-Territorial Jurisdiction) from 1974, when the ETJ was created, until 1977, when the city decided not to enforce its zoning in that area of the county.

At that time, the Vance County Board of Commissioners adoped a zoning ordinance to cover the ETJ, which was in effect until 1994, when the city reassumed jurisdiction in the ETJ.

According to Ayscue, when the city reclaimed the ETJ, zoning was not “aggressively implimented”.

The manager informed board members that the ETJ is considered a “buffer area” between the city and the county. He stated that the City-County Joint Planning Board was created to control the area.

Ayscue cautioned the board that the old zoning ordinance for the ETJ should possibly be recinded. He said that County Attorney Stubbs Hight was currently researching the issue.

Hester asked for purpose of clarification if the ordinance had to do with the ETJ only. Ayscue reaffirmed that it had to do with the city getting out of the “ETJ business”.

Hester stated that the zoning ordinance covering the ETJ had nothing to do with county-wide zoning. Ayscue agreed.

County commissioner Danny Wright stated that he would like to see the board’s Planning Committee involved before a decision is made to recind or not to recind the old zoning ordinance. He made a motion to refer the matter to the Planning Committee and the county attorney.

Board member Deborah Brown asked if Danny Wright’s recommendation would be in conjunction with the proposed zoning ordinance.

Danny Wright responded that it would be separate. He said that there cannot be two zoning ordinances on the books.

Brown said that if it is taken off the books, there would be no zoning at all.

Danny Wright rejoined, “That was one of the implications I had in mind when I proposed this.”

The motion to refer the matter passed with none opposed.

Krulik then began his presentation. He introduced the proposed zoning ordinance as the sixth version, telling assembled members that the cover sheet highlights changes.

The cover sheet and the lastest version of the zoning map are available for review. The image can be saved and opened onto a picture viewer for detailed viewing.

Krulik stated that he is not looking to make zoning expensive for the applicant, and therefore is not requiring a survey-grade site plan.

The senior planner also stated that the latest version also includes minimum housing standards. He said that they are recommended by the Citizen’s Advisory Committee as part of the ordinance or as a separate ordinance.

A document highlighting some features of minimum housing standards as they relate to Vance County’s Land Use Plan may be viewed here.

When asked by Hester if the document was a final draft, Krulik replied that it is “at this point”. He stated that it still needs to be recommended by the Planning Board.

Krulik told the commissioners that he and the Citizen’s Advisory Committee had “worn out their welcome” with joint meetings with the Planning Board.

Hester asked when the commissioners could have a final draft. Krulik replied that it would be possible by the next meeting.

It was discovered that in order for the board to receive the document as a final draft, the Planning Board must approve it as a final draft.

Commissioner Wilbur Boyd remarked that the Planning Board could approve it at anytime they thought it was a final document.

Ayscue remarked that at some point someone has to step forward and say, “This is enough.” He told commissioners that he thinks they are at the point where they need for the Planning Board to take action.

It was the consensus of the commission that once it received the document as a final draft that it should schedule a work session to thoroughly review the document.

Brown expressed the opinion that minimum housing code should not be part of the zoning ordinance. She said that as far as she was concerned, the sixth draft was the final draft.

Krulik recommended that when the work session is held that the format be similar to that of the Citizen’s Advisory Committee so that the public can come in.

The senior planner added anecdotally that he had had a conversation with a developer who prefers to build in counties with zoning. Hester added that he knows of developers who won’t come in to counties without zoning.

Henderson-Vance Chamber of Commerce President Bill Edwards, who was in the gallery following a presentation he made earlier in the meeting, said from the audience that he has a company waiting to expand 170 jobs until the zoning ordinance is in place.

It is not clear to which companies reference was being made.