Tommysmicroskiff
08-18-2012, 06:17 AM
Zoning Nazis want to end farming in Paris Virginia !!!
They want to do a "Land GRAB" for Washington DC Sprawl :-(
The Power of Zoning Boards: A Virginia farmer has been cited for growing food and holding a birthday party for her 10-year-old daughter. The citations — carrying fines of $5,000 each — might be illegal because they appear to violate the state’s Right To Farm Act, among other things.
Martha Boneta owns a 70-acre farm in Paris, Virginia, about an hour west of Washington DC. She has a business license — issued in June 2011 — to operate a retail “farm shop” selling among other items fresh vegetables, eggs, herbs, honey, and handicrafts such as handspun yard, birdhouses and soaps. What Boneta actually does at the moment, however, is run an animal rescue farm and sells organic tea.
Internet picture of eight 10-year olds having a birtday part is cited by Virgina county as evidence of illegal activity subject to a $5,000 fine.
On July 12th of this year the county passed an ordinance requiring wineries to close their doors at 6 p.m. and get special permits for extended hours, catered food and more than 25 guests at a time. While Boneta does not own or run a winery she held a birthday party for her 10-year old daughter in January 2012, a pumpkin carving party in October, 2011, and a wine tasting party in September 2011. Enter Fauquier County Zoning Administrator Kimberly Johnson, who has a history of zoning battles.
Acting on complains of neighbors — how many neighbors can a 70-acre farm have in rural Virginia have? — Johnson cited Boneta in an April 30th order for having rescue animals, advertising an “organic tea cafe” and filming on-site small-farm events (gathered by Johnson from the Internet.) These events included the wine tasting, the pumpkin carving and the birthday party which was attended by eight 10-year old girls, right. All events took place before the new ordinance and while Boneta had a valid business license.
Local farmers have come to Boneta’s cause — she has been the only one cited thus far — because they fear country government wants to get rid farmers by regulating them out of existenceb (so the area can be more DC suburbia.) Virginia’s Right To Farm Act, however, prohibits local authorities from treating agricultural activity as a nuisance which it appears to be in this case as neighbors were the source of initial action. A defense team has been organized and the entire issue is to be revisited this Thursday by the zoning board.
The Institute of Justice — which protects small farmers — has taken up the cause as well. In a letter to the county it asserts the zoning board is acting against the US Constitution and the Virginia Constitution which protect the right to earn a living. The Institute also asserts requiring a permit for a child’s birthday party threatens the right of association protected by the First and Fourteenth Amendments. The Institute also says some county zoning violates the Commerce Clause to the US Constitution.
The Right to Farm act in Virgina is:
2006 Code of Virginia § 3.1-22.28 – Right to farm; restrictive ordinances, and
2006 Code of Virginia § 3.1-22.29 – When agricultural operations do not constitute nuisance
want to know about my Gheenoes Go Here
http://www.noeettica.com/
They want to do a "Land GRAB" for Washington DC Sprawl :-(
The Power of Zoning Boards: A Virginia farmer has been cited for growing food and holding a birthday party for her 10-year-old daughter. The citations — carrying fines of $5,000 each — might be illegal because they appear to violate the state’s Right To Farm Act, among other things.
Martha Boneta owns a 70-acre farm in Paris, Virginia, about an hour west of Washington DC. She has a business license — issued in June 2011 — to operate a retail “farm shop” selling among other items fresh vegetables, eggs, herbs, honey, and handicrafts such as handspun yard, birdhouses and soaps. What Boneta actually does at the moment, however, is run an animal rescue farm and sells organic tea.
Internet picture of eight 10-year olds having a birtday part is cited by Virgina county as evidence of illegal activity subject to a $5,000 fine.
On July 12th of this year the county passed an ordinance requiring wineries to close their doors at 6 p.m. and get special permits for extended hours, catered food and more than 25 guests at a time. While Boneta does not own or run a winery she held a birthday party for her 10-year old daughter in January 2012, a pumpkin carving party in October, 2011, and a wine tasting party in September 2011. Enter Fauquier County Zoning Administrator Kimberly Johnson, who has a history of zoning battles.
Acting on complains of neighbors — how many neighbors can a 70-acre farm have in rural Virginia have? — Johnson cited Boneta in an April 30th order for having rescue animals, advertising an “organic tea cafe” and filming on-site small-farm events (gathered by Johnson from the Internet.) These events included the wine tasting, the pumpkin carving and the birthday party which was attended by eight 10-year old girls, right. All events took place before the new ordinance and while Boneta had a valid business license.
Local farmers have come to Boneta’s cause — she has been the only one cited thus far — because they fear country government wants to get rid farmers by regulating them out of existenceb (so the area can be more DC suburbia.) Virginia’s Right To Farm Act, however, prohibits local authorities from treating agricultural activity as a nuisance which it appears to be in this case as neighbors were the source of initial action. A defense team has been organized and the entire issue is to be revisited this Thursday by the zoning board.
The Institute of Justice — which protects small farmers — has taken up the cause as well. In a letter to the county it asserts the zoning board is acting against the US Constitution and the Virginia Constitution which protect the right to earn a living. The Institute also asserts requiring a permit for a child’s birthday party threatens the right of association protected by the First and Fourteenth Amendments. The Institute also says some county zoning violates the Commerce Clause to the US Constitution.
The Right to Farm act in Virgina is:
2006 Code of Virginia § 3.1-22.28 – Right to farm; restrictive ordinances, and
2006 Code of Virginia § 3.1-22.29 – When agricultural operations do not constitute nuisance
want to know about my Gheenoes Go Here
http://www.noeettica.com/