Friday, November 18, 2011

RE: the China zoning provision: l hope we have just begun to fight in Yorktown!!

Tom – is this correct? I thought the only items that passed were related to expanding authorization of chickens on private property not reducing private property rights.


I thought this was one of the items tabled until the March 20 review after the General Assembly session. I mentioned this topic in particular in my 3 minute speech at the public hearing and that it needed to be voted down. Quite honestly, tabling the BOS control over citizens’ use of aquaculture and agriculture on their private property based on whether the 2012 General Assembly addresses it seems a bit like extortion to me – leaving it hanging over our heads like the proverbial Sword of Damocles, in essence, threatening the citizens over what the General Assembly does.  The YC BOS wants to prohibit the state from controlling something by threatening its own local citizens with extensive restrictions and oppressive regulation. How is that being of service to the citizens who hired you as their representatives?


If the information below is correct, this is one of the most egregious items ever passed to control citizens and their property rights and needs to be repealed immediately! This is far beyond what any HOA regulates, which you voiced your opinion against at the Public Forum before the vote. How does YC plan to enforce this – a backyard police force? Where will the funding come for those inspectors…or will it rely on snooping neighbors? How does York County plan to inform citizens they can’t do anything you don’t first authorize on their personal property?  Since when have the citizens elected their Supervisors into a parental oversight role? How do you think the citizens will react when this hits the media, if true? I have a strong feeling the concerned citizen turn-out of 150+ with 80+ signed up to speak Wednesday evening that ran from 5:00 pm to 1:00 am will be seen as small compared to the turn-out over this item, if it is now part of the official YC Zoning Ordinance.


I look forward to hearing from you about this and hope this portion of the zoning ordinance was not passed.

Thanks so much for your quick response,




Lynda Fairman



From: []
Sent: Friday, November 18, 2011 10:13 AM
Subject: the China zoning provision: l hope we have just begun to fight in Yorktown!!


Dear Believers in Freedom,

Our battle on the Zoning Ordinance in York County is NOT over.

Last Wednesday night was very complicated and convoluted... Brenda Pogge counted 49 changes being proposed. Plus the BoS did not kill the new restrictions... they tabled them....

But l just got confirmation that the most far reaching, anti-property rights, anti-freedom provision in the history of York County was passed under the cloud of confusion and semi-euphoria based on our little partial victory.


Look what passed?


The China zoning provision:


In the event a particular use is not listed in this chapter as a permitted use, a specially permitted use, or an administratively permitted use, and such use is not listed in section 24.1-307 as a prohibited use and is not prohibited by law, then such use shall not be permitted unless the zoning administrator shall determine whether a materially similar use exists in this chapter.

It is very clear....

If you want to do something on your property, that is not currently written in the Zoning Ordinance, & the Zoning Administrator(Zoning Czar) does not find a similar use in the Zoning Ordinance, then YOU CANNOT DO IT !!!

How else can this be interpreted?



For those of you not living in York County, can you see if you have a similarly worded "China" provision in your Zoning Code?


Greg Garrett
offices in Hpt Rds from Chesapeake to Williamsburg
cell # 757-879-1504

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