Zoning

Why does zoning matter?

Zoning ordinances help protect the public from adverse impacts of incompatible land uses and to implement the vision and intent of county and city comprehensive plans. Zoning is meant to help communities grow and prosper in a safe and environmentally sustainable way. By law, any change in zoning needs to align with the comprehensive plan of the municipality.

Jefferson County has a very unique hydrogeology that makes it ill-suited for development projects that may cause harm to the ground and surface waters of the region. Because of the karst hydrogeology in this area, local governments need to think very carefully about changing any zoning ordinances that would potentially harm the health and well-being of the residents in the county and throughout the region.

No Heavy Industry in Karst

The karst hydrogeology of the land itself makes heavy industry in this location a major risk to public health and the environment. The air emissions and traffic associated with heavy industry are inappropriate for this location. Heavy industry endangers the industries our local economy relies on, and will either bring more heavy industry or create a development desert in the heart of our county.

The Annexation and Rezoning of Jefferson Orchards in Jefferson County

In 2004, the city of Ranson annexed about 500 acres near Kearneysville known as Jefferson Orchards. This was part of a shoestring or pipe stem annexation, meaning this land was only contiguous with the main portion of Ranson by a long thing strip of land little wider than Route 9. These types of annexations were made legal by a 2001 state law and were again prohibited by state law in 2008. These annexations were the subject of a West Virginia Supreme Court battle between Charles Town and Jefferson County. Ranson submitted a support brief in this case supporting Charles Town’s position and itself annexed at least 4,400 acres based on the 2001 law only having annexed 30 acres in the preceding 60 years.

Before this land was annexed into Ranson, it was zoned rural agricultural. It had been part of the Jefferson Orchards, which had been farmed as orchards since at least the early 1900s. In 2012, the zoning of this land was changed from Rural Reserve to Smart Code – New Community to accommodate the Northport Station and associated mixed-use community. In 2017, Ranson again rezoned the western portion of the land from SmartCode – New Community to Smart Code – Special District Industrial. Only one month earlier, the regulations and requirements for SmartCode – Special District Industrial and Special District Business were substantially changed removing many of the limitation on buildings, use, and maintenance. These changes were critical to allow for heavy industry. Installations such as Rockwool would not have been possible without these substantial changes.