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Proposed ordinance changes: Up for hearing
BY JAMES JACENICH • STAFF WRITER
 | | (l-r) Highland Planners Tony Stinnet, chairman Doug Gutshall; county administrator Roberta Lambert; Zoning Administrator Jim Whitelaw and Virginia Tech extension agent Rodney Leech. (Recorder photo James Jacenich) |
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MONTEREY - Highland County proposes a change to its zoning ordinance to allow slaughterhouses as a conditional use in general agriculture (A-2) and light industrial (M-1) zones instead of in business zones (B-2). The proposed change also provides a setback of 200 feet from any lot line of a residential use. The matter is set for a public hearing next Thursday.
The Highland Agricultural Center committee is moving forward with its plan to build an ag center/slaughterhouse facility somewhere in the four-county region surrounding Highland, though it has no definite plans as to a site or timetable for completion of the project. But if the center has any possibility of being located in Highland, the ordinance needs updating.
The proposed change would will facilitate constructing a slaughterhouse - if and when one is proposed for the county. Officials must determine whether the change is consistent with the zoning ordinance, protects the rights of property owners, and promoted the health, safety or general welfare of the public, according to zoning language.
The reason for the change is driven by the realization that the current ordinance allows slaughterhouses only in business districts - such as Monterey, Blue Grass and McDowell. It is unlikely it would be approved under the existing law, says zoning administrator Jim Whitelaw.
The ordinance lists, among other purposes, the encouragement of "economic development activities that provide desirable employment and enlarge the tax base." That is consistent with the comprehensive plan and the proposed update to the plan.
Agriculture, by definition, includes any agricultural industry or business such as fruit-packing plants, dairies or similar use.
A conditional use is one "which may be allowed provided the proposed use or uses are consistent with the comprehensive plan and the policies of the county or town and the public interest."
While the proposed change addresses an obvious flaw - the lack of a conditional use in a general agricultural zone - does it go far enough?
The proposed change does not provide as a conditional use slaughterhouses in conservation districts, for example. A conservation district is established for the "specific purpose of facilitating existing (and) future farming operations," among other things. Permitted uses include agricultural buildings. Conditional uses include sawmills, sani- tary landfills, service stations, electric generation and substations, extraction of minerals, batching plants for asphalt and concrete, and bulk storage of fuel or explosives. But a slaughterhouse will not be among the list of conditional uses even though it facilitates existing farming operations and appears to be consistent with the other conditional uses.
An agricultural general district is intended to "facilitate existing and future farming operations and protect the natural resources," similar to one of the intended uses of a conservation district. "The character of the district should remain agricultural in nature with industry or commercial activities allowed when they will benefit the area without degrading the environment," according to the ordinance.
Permitted uses in an agricultural general district include agriculture, dairying, general farming, and forestry, farm dwellings and agricultural buildings; nurseries, fish hatcheries, stock and poultry operations as primary use, feed mills, and grain storage.
Conditional uses include sanitary landfills owned and/ or operated by Highland County or the Town of Monterey; service stations; electric generation and substations; auto graveyards; extraction of minerals, rock, gravel, sand, etc.; batching plants for asphalt, concrete, etc., bulk storage of fuel or explosives; veterinary hospitals, provided that no enclosure containing animals, odor, or dust producing substance shall be located closer than 200 feet from a property line and that for hospitals treating other than customary pet animals, the operation shall be conducted on a tract of land not less than five five acres in area. Officials will determine whether slaughterhouses apply in an agriculture general district as these uses do.
The intent of the general business district, where such facilities are currently allowed as a conditional use, is to provide space for "general commercial development to which the public requires direct and frequent access, including retail business and services." Among the many activities allowed in a business district are a riding academy, livery stable, amusement park, or similar recreation use or facility if located at least 200 feet from any residential district; veterinary clinics, kennels, and animal hospitals provided that any structure or premise used for such purpose shall be distant at least 200 feet from any residential district.
The 200-foot setback noted here is the same as will be required for a slaughterhouse in an agricultural district or light industrial district. Officials will need to determine whether removing the conditional use from a business district is inconsistent when other permitted uses include livery stable, riding academy and veterinary clinics, kennels and animal hospitals, and the like, which also have livestock.
Conditional uses in a business district include - in addition to slaughterhouses proposed to be cut - circuses, carnivals, fairs, and side shows; commercial exhibition of wild animals or reptiles; and livestock market and sales pavilions.
The intent of the light industrial district is to "accommodate industrial uses that provide desirable employment consistent with the goal of maintaining environmental quality."
Light industrial permits the manufacturing, compounding, processing, packaging, assembly, sales and/or treatment of finished or semi-finished products from previously prepared material.
Conditional uses in a light industrial zone include coal and wood yards, lumber yards, feed and seed stores; contractor's equipment storage yards or plants, or rental of equipment commonly used by contractors; veterinary or dog or cat hospitals, and kennels.
A slaughterhouse might be consistent with the industrial uses described. However, industrial uses have additional requirements not covered under general agriculture.
Before a building permit can be issued or construction begun on any permitted use in this district, or a permit issued for a new use, the plans, in sufficient detail to show the operations and processes, must be submitted to the zoning administrator for study. The administrator may refer these plans to the planning commission for recommendation. Modifications of the plans may be required.
Some additional requirements include landscaping within any established or required front setback area, consideration of traffic hazards, sufficient area for screening from adjacent business and residential districts, and off-street parking of vehicles incidental to the industry, its employees and clients.
The public has a chance to weigh in on the issue of where slaughterhouses should be allowed and what additional zoning regulations should be made to apply to them at the public hearing on the proposed zoning ordinance change set for 7:30 p.m. Thursday, Jan. 24 at the Highland County Modular Conference Center.
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