By Lon Anderson
Moorefield Examiner
County Commissioner Jay Fansler delivered some great news to Hardy County’s Planning Commissioners at the Planning Commission’s monthly meeting on November 5—it was good news for both the County and residents of Mathias.
The old, burned-out restaurant that sits prominently on the corner of State Route 259 and Upper Cove Road in Mathias will soon be torn down. “DOH (the Division of Highways) will come in, tear it down and haul it away. It’s going to happen,” Fansler told the Commissioners.
The County has been grappling with how to get rid of the building since it burned on Dec. 6, 2016. The derelict, burned out hulk is not only an eye sore, but has become a clear safety hazard that threatens to collapse onto Upper Cove Road to which it’s immediately adjacent. It is also in a flood plain and could be threatened by any flooding of the Lost River that runs within a few feet of the [private]building.
Contacted about the project, acting regional DOH Administrator for Hardy County, Dorman Parker, confirmed Fansler’s comments. “We’re supposed to do it,” he said, “but we’re waiting for authorization from Charleston. It’s pretty much a ‘go’. It’s just when—and I have no idea when that when is.”
County Planning Manager Melissa Scott also reported that the resolution creating a County GIS (Geographic Information Systems) Board, approved by the County Commission in October, was officially signed earlier in the day at the County Commission’s November meeting.
The resolution, written by Scott, creates a Board with seats to be filled by representatives of the many County agencies that will be utilizing the GIS system. GIS is a high-tech tool for managing just about any information that’s related to locations, according to Scott, who has been utilizing this system for some 25 years.
Some of the important data in the County’s GIS system is either faulty or out of date, Scott noted, and the Planning Office is still reviewing addresses for accuracy. They have reviewed 1,000 so far, but 6,000 need to be reviewed and as many as 30 percent will need to be visited to ensure their accuracy, Scott reported. This is especially important because the County’s emergency services depend upon the GIS location data to respond to calls.
The creation of this Board makes Hardy County a state leader with GIS, she said, because she does not believe any other counties have established GIS Boards. The Board will oversee the operation of the GIS system, including its use, funding and data maintenance. (See GIS story Nov. 13 edition).
Concerning the Commission’s update of the flood plain ordinance, Scott, who also serves as the County’s Flood Plain Manager, sought approval for a letter of agreement with the University of West Virginia’s Land Use and Sustainable Development Law Clinic to review a revised Flood Plain ordinance for the County that she has drafted.
“I suggest we have the Law Clinic review it, since I made significant changes to it. They said they could do it, and their services are free for government agencies in the state,” she told the Commissioners, who agreed to the review.
Turning to work on their ongoing review and updating of the County zoning ordinances, Scott requested guidance from the Commissioners on a particularly problematic part of the section on permitted uses in Agricultural zones which says:
- Private summer homes, cabins, trailers and mobile homes for seasonal and not permanent year-round occupancy, located on a lot which need not abut upon a public road.
Scott noted that this is very ambiguous and open to multiple interpretations especially concerning mobile homes.
Is the intent of the current language to allow summer homes, cabins, trailers and mobile homes to be used in Ag zones, but not year-round, she asked, or is the intent to allow summer homes and cabins as a permitted use, but not allow trailers and mobile homes to be used for permanent year-round occupancy? Or is the meaning something else?
She then offered her interpretation: “I do believe that the intent was to state that people are not permitted to live year-round and permanently in camper trailers and motor homes/RVs, and possibly cabins or summer homes if those structures were not designed for long-term residential use.
“To me, structures that are not designed for long-term residential use would be those without all-weather insulation, a heating system, and a permanent water and sewage system designed for full-time residential use—with well and septic or public water/sewer.
“The most important issue here,” she said, “is not having proper water and waste treatment. If we had something (with clear language) then we could send a letter and take action (to those in violation). We just don’t have good language (in the current ordinance),” she explained. And the situation gets worse, if those occupying mobile homes don’t get permits.
“If they don’t get permits,” noted Commissioner George Leatherman, “then they are not paying 911 fees, and taxes.”
“We need to get them licensed,” said Commission Vice President Greg Greenwalt. “And licensing also requires insurance.”
“So what about regulating RV trailers—does (the language) say you can or cannot live in these?” asked Scott. Perhaps we could do a motion to treat Park models (RV’s) as mobile homes.” Park models offer all of the comforts of small homes and are intended to be parked as a long-term living solution, according to Scott’s discussion notes. But park models have no tanks so the proper utilities (water/sewer or well/septic) must be available to have full function in this type of RV.
“The biggest thing here,” Greenwalt noted, “is that we don’t want to have people homeless” (because we have eliminated an option).
“The problem,” Scott said, “is when they don’t get a license and then it just sits there (without proper water/sewer).
“Lots of folks (with RV’s) do carry water,” noted Commissioner Charlotte Bowman.
“I think we could interpret this to mean without septic,” Scott said.
“Can you live with that?” asked Greenwalt.
“Yes,” Scott replied.
Leatherman then made a motion to make it policy to consider RV’s that are considered park models to be treated as mobile homes for the purposes of the zoning ordinance and permitting process, meaning that they can be lived in year-round as long as they have proper water and waste disposal. It was seconded and passed unanimously.
After further discussion, Greenwalt made a motion to define the Planning Commission’s formal interpretation of “seasonal and not permanent, year-round occupancy” to mean structures with no approved septic. This motion was also seconded and passed unanimously.
The last zoning issue involving Ag districts raised at the meeting involved the size of required setbacks for the placement of chicken houses on a property. “Do we want to differentiate between 600-foot setbacks for a few chicken houses versus larger setbacks for (larger) commercial farms with a lot of houses? Do we want to open that can of worms?” asked Commissioner Leatherman.
“But if we put big setbacks on them (commercial operations),” asked Fansler, “do we have to answer to others as well?”
“We do (already) have a separate definition for large commercial farm operations,” Scott replied. “In our draft we do define family owned farms versus larger commercial farm operations.”
It’s a tough issue, Leatherman indicated. “You don’t want to stifle industry, but you don’t want to kill tourism here either.” No further action was taken.
As far as the Planning Office’s monthly permits, Scott reported that 17 building permits had been issued in October, worth an estimated $550,000 in construction value.
The next meeting of the Hardy County Planning Commission will be held on Tuesday, Dec. 3 beginning at 7 p.m. The meetings are held in the Planning Office, lower level of the Hardy County Courthouse. The public is invited to attend.[/private]
