Updates From the President

Dear Lost River Valley Home owners:

We have had notification from Melissa Scott, CFM & Hardy County Planner that there will be a Planning Commission Public Hearing to be held on Tuesday, June 4th at 6:00 p.m. concerning the rezoning for a portion of a property that, according to our records, is adjacent to or within 250’ of the boundary for a property owned by you or your organization (in this case property owners association).   The property is currently zoned Commercial and the application is to request re-zoning to Industrial.

The proposed project location is:

  • Off of County Route 259 in Lost River, 1000’ south of the intersection of Mill Gap Rd.
  • Part of Parcel 24, Map 408, in Lost River District (02)
  • Currently owned by James Matthew and Jill Teets
  • Applicant – Matt Teets

According to the Hardy County Zoning Ordinance, the type of project proposed at this location is not permitted in a Commercial District, and is only permitted in an Industrial District.  This written notice is to ensure that you, as an adjacent owner, are made aware that this public hearing gives you the opportunity to give your official input concerning the approval or denial of this proposed project.

Please see the Public Hearing Notice below for details.  If you have any questions or would like to submit comments in writing, please call, e-mail, or stop into the Hardy County Planning Office located in the Hardy County Courthouse in Moorefield.  You are encouraged to attend this public hearing if you would like to voice your opinions directly to the Planning Commission as they consider this request.  The decision of the Planning Commission will be considered by the County Commission before final adoption.

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NOTICE OF PUBLIC HEARING

The Hardy County Planning Commission will hold a public hearing on Tuesday June 4th at 6:00 PM in the Hardy County Planning Office in the Court House, 204 Washington Street, Moorefield, WV 26836.  The purpose of this hearing is three fold.  First, the board shall review an application for expansion of a non-conforming use, secondly, they will consider a rezoning request from Commercial to Industrial, and lastly, they shall consider a text revision to the Zoning Ordinance.

The expansion of a nonconforming use application was submitted by John & Charlotte Bowman, owners of Highland Storage. The proposal is for construction of additional commercial storage building(s) on 4.67 acres on Waites Run Road; more specifically described as Tax Parcel 3, Map 294, District 1 (Capon District). The current zoning classification – Agricultural – does not permit commercial storage units; the existing structures are grandfathered, but expansion requires Planning Commission approval.

The rezoning application was submitted by Matt Teets. The proposed project is for construction of a commercial butcher shop with slaughter operation on State Route 259 in Lost River on a portion of Tax Parcel 24, Map 408, District 2 (Lost River). The current zoning classification is Commercial which does not permit slaughter operations.

The consideration for text amendment to the Hardy County Zoning Ordinance proposes to add a section to the Agricultural District section that will allow for some secondary agricultural related businesses on a working farm.  This amendment supports that specific strategy in the current Comprehensive Plan listed under the goal “to revise regulations to address modern day agriculture issues”, and to support the local food and farm to table initiatives.  Public input concerning the amendment can be submitted to the planning office any time prior to the hearing.

The proposed verbiage reads as follows:

Addition to Agricultural District Permitted Use Section:

Accessory commercial uses that are farm related or farm dependent, must be located on the site of the working farm on which they are related or dependent, or within 1000 feet of the primary residence of the farm proprietor.  Such uses include produce stand, farm market (consignment or onsite), small commercial or custom slaughterhouse, or small – medium sized commercial or custom meat processors (all as defined in this ordinance).  Meat related businesses may sell only the meat processed on site.  Structures associated with such commercial uses shall not exceed a sum total of 10,000 square feet, and all commercial activities must have all required local, state,  and federal licenses and permits.

Revision to Definitions Associated with above change:

Farm Market 2 types: Both types must sell at least 51% locally produced food items.  Locally produced non-food items including locally  produced art or practical items (baskets, soap, rugs, etc.) can make up as much as 49% of the stock, but non-locally produced items (food or non-food) cannot exceed 10% of total stock.  These operations cannot be considered Farm Markets if they meet the specifications for Flea Market as defined in this ordinance.

          Consignment Farmers Market  – a farmers market located on private or publically owned land in which two or more vendors deliver their own farm and food products to a common location maintained by a third party that markets the vendors’ products and may receive a fee or percentage share of the profits from sales, with the individual vendor retaining ownership of the farm and food product until it is sold.

          Onsite Farm Market – a retail outlet or market garden where food is produced and sold directly by farmers to consumers.  These operations are located on the site of a working farm producing products being sold at the market.  The Market must sell some products produced on site but can also sell products produced on farms within the extents of the home county or adjacent counties.

Produce Stand  – A temporary retail outlet where freshly cultivated, non-processed food (produce) is sold directly to consumers.  There is no permanent structure involved in the operation and it is not in operation more than 120 days of the year.

Flea Market  – A structure or land, excluding community centers and publicly owned property, used more than 15 days per year, for the purpose of sale of any of the following items or similar items: clothing, housewares, appliances, novelties, antiques, farm implements, and furniture.

Commercial slaughterer –  means an entity engaged for profit in this state in the business of slaughtering animals or poultry for human consumption which are to be sold or offered for sale through a commercial outlet or establishment, and shall include a entity who in addition to such commercial slaughtering also engages in the business of a custom slaughterer; – Small = 1-500 animal per year, Medium = 501-1000, Large = 1001 – 5000, Extra Large 5000+ animals per year.

Custom slaughterer – means an entity engaged for profit in this state in the business of slaughtering animals or poultry for human consumption which are not to be sold or offered for sale through a commercial outlet, commercial establishment, distributor, or to an individual, and shall include the boning or cutting up of carcasses of such animals or poultry and the grinding, chopping and mixing of the carcasses thereof; – Small = 1-500 animal per year, Medium = 501-1000, Large = 1001 – 5000, Extra Large 5000+ animals per year.

  Commercial processor –  means a processor for commercial outlets or distributors and shall include the business of custom processing; Small = 1-25,000 poundage processed per year, Medium = 25,001-250,000, Large 250,001-1,000,000, Extra Large 1,000,000+ poundage processed per year.

Custom processor –  means a processor in which the carcass, meat products or poultry products derived through processing cannot be sold or offered for sale through a commercial outlet, commercial establishment, distributor, or to an individual;Small = 1-25,000 poundage processed per year, Medium = 25,001-250,000, Large 250,001-1,000,000, Extra Large 1,000,000+ poundage processed per year.

Addition to Agricultural District Conditional Use Section:

Accessory commercial uses that are farm related or farm dependent, located on the site of the working farm on which they are related or dependent, that meet all stipulations listed in the permitted accessory commercial use section of this ordinance, but exceed the distance, size, numbers, or poundage, requirements listed therein.

Additional information on any of the matters being considered may be obtained at the Hardy County Planning Office located in the basement level of the Hardy County Courthouse, 204 Washington Street, Moorefield WV (304)530-0257.