“The Devil is in the Details!” of the proposed Davis Zoning Ordinance (ZO)! Whether you have a home or business, this ZO is something you don’t need as it’s chock full of restrictions that control what you can and can’t do as a business owner or resident on your own property! On Page 1, Sec 1-4 you’ll find you can’t repair your own home or business without paying for a permit! On Page 3, Sec 2-5 you’ll find fines up to $500/day for violations! Yes, PER DAY, until you submit to the demands of the “DESIGNATED ENFORCEMENT OFFICIAL”! Of course, you can always appeal to the Circuit Court of Tucker County as a last resort, but unless you hire a good lawyer you’ll lose and be required to PAY ALL FINES as well as ALL COURT COSTS! On Page 38 you’ll find 5 pages on Signs (and flags): “Signs (and Flags) not expressly permitted under this code are prohibited” until the Zoning Officer approves and you pay the Sign Fee, which has yet to be announced! Is there really a sign and flag problem in Davis? On Page 49 you find that Emergency Shelters are not allowed without a permit! Really? On your own property?
Probably the most serious problem with this ZO is that even though Town Council was forced by residents to put it up for a vote, in the final draft the TOWN COUNCIL HAS THE POWER TO AMEND the ZO WITHOUT ANY PUBLIC INPUT!! Many unpopular rules have been removed after comments by residents at Town Hall meetings, but they can be put back in very easily with this amendment power which should, all by itself, demand a “NO ZONING” vote! The ZO isn’t protecting the town from anything; it’s just giving a lot of power to very few people, many of whom are not even from West Virginia!
If you haven’t studied it because you’ve heard it won’t affect you, please do because it will definitely affect YOUR PROPERTY RIGHTS sooner or later! It’s extremely detailed and deserves a “NO” vote until it’s simplified, more “friendly” towards property owners and businesses with guarantees that it can’t be changed at the whim of Town Council!
Are you really willing to give away your property rights just to limit the number of Short Term Rentals because you’ve heard bad things about them? Consider this: The
New York Times reports that “Studies indicate that strict zoning regulations constrain the supply of housing and inflate housing prices, and increase homelessness; as well as contribute to inequality and a weaker economy!” Lets not risk that!
Finally, the Mayor keeps saying that everything is “Grandfathered in”, but that term is never defined in the ZO! Another reason to vote “No” and PROTECT YOUR PROPERTY RIGHTS!
Craig O’Connor
668 Henry Ave, Davis WV
304-5754900