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Noise complaints lead to 6-month ban on new event venues, more in Madison County

Johnny Casey
Asheville Citizen Times
Pictured is Paint Rock Farm owner William "Tama" Dickerson beside the tiny house at the event venue property. On June 28, the Madison County Board of Commissioners voted to enstate a 6-month ban on issuing permits to commercial assembly businesses, such as event venues, hotels and motels.

MARSHALL - After hearing more than 10 residents complain of noise pollution from wedding venues in Marshall and Hot Springs in its last meeting, the Madison County commissioners have put a temporary halt on issuing permits to event venue developers. 

The moratorium was unanimously approved by the Madison County Board of Commissioners during its June 28 meeting at the Madison County Center - North Carolina Cooperate Extension in Marshall. 

The six-month ban will allow the county and the planning board enough time to assess what changes need to be made to the County Land Use Ordinance, according to John Noor, a land use attorney contracted to work with the county.

The moratorium will pause approvals of the following development categories:

  • Assembly halls (wedding venues)
  • Family campgrounds
  • Comunity centers that would host large events
  • Non-profit clubs
  • Group campgrounds
  • Recreational facilities
  • Lodges
  • Hotels
  • Motels
  • Outdoor theaters
  • Racetracks
  • Residential vacation rentals in excess of three vacation rental facilities 

According to Noor, the term "assembly halls" constitutes wedding venues. 

"Under your (Land Use) Ordinance right now, you have no definition for things like wedding venues. It's not a defined term," Noor said. "What your ordinance requires is essentially that your zoning administrator find the most similar term for something like that, and 'assembly hall' has typically been the term that it goes to." 

Establishments and commercial businesses such as doctor's offices and churches are exempt, as the temporary ban will be in place only for the 12 categories listed above.

"These uses, these defined terms, only relate to uses that have typically been associated with large gatherings of groups that might have noise, light or other traffic congestion issues," Noor said. "Other commercial uses that don't have those problems, I didn't include those in this list. This was just what I saw as the broadest use of categories, and you can tailor down from there." 

Developers who have already received a special use permit will be exempt from the moratorium. 

"If you've got your permits in hand, it's not going to stop you," Noor said. 

The ordinance would allow the county to back out of the moratorium inside of the six-month period. 

"There's sort of a safety release valve in this to where if there was a project that just became so urgent that it's necessary, it does allow that project to come to you all, to essentially have that carve-out," Noor said.

Commissioner Michael Garrison and Noor emphasized that while some residents may feel six months is too long a ban, it is the minimum time period required to allow the county time to implement changes to the Land Use Ordinance.

"It would be very difficult to develop, publicize, have hearings, and approve any ordinance change in three months," Garrison said. "It's not impossible, but it would be highly improbable and very difficult."

Noor said it would be "very difficult" to implement the ordinance change in three months, and "almost impossible" to do it in under two months. 

"The fastest that an amendment to your zoning ordinance can come through, with having to go through your planning board, have a hearing at your planning board, have a hearing before you all - is essentially 60 days. And that's if you knew exactly what you wanted to do today," Noor said. "So, six months is working at a very quick pace. That staff look at the Comprehensive Plan that's adopted, come up with language, shop that through the planning board, bring it back to you all. That's the amount of time that's likely needed. Of course, if they do it quicker, you can remove the moratorium in advance of the six months." 

Venue owners' responses

Chris Nelson, one of the owners of Hot Springs event venue Paint Rock Farm, apologized to the venue's neighbors during the public comment portion of the meeting. 

"As a venue that has been guilty of excess sound leaving the property, I wanted to officially apologize to my neighbors, who have had to experience some of that excessive sound," he said. "I don't know if there are other neighbors of Paint Rock Farm here. I want to apologize to you also. We do other things besides weddings, but it's been weddings that have been guilty of the excessive sound. 

"I believe that you can have a wedding venue in a rural area that has sound that doesn't leave the property. Wedding receptions often have music - DJs and live bands. These bands and the DJs are used to producing a tremendous amount of sound. We were kind of caught off guard by how much sound leaves the property, because it's a big piece of property. But, I think with just getting the volume down - we may have to eliminate DJs because they're even louder than bands - I think that a wedding venue can have music at the reception that doesn't leave the property, and doesn't bother the neighbors. My goal is that Paint Rock can be an example of that - having music that is just at a different level than what some venues do, especially probably in Asheville, where they can have a lot of sound leaving the property. We don't want that. We don't want our neighbors to have to experience that." 

"As a venue that has been guilty of excess sound leaving the property, I wanted to officially apologize to my neighbors, who have had to experience some of that excessive sound," said Chris Nelson, co-owner of Paint Rock Farm, a Hot Springs event venue. The venue's bathhouse is pictured here.

Nelson said he felt the moratorium could potentially be useful, so long as the county commission established guidelines.

Ken Kashuba, who owns Hot Springs’ Mountainside Cabins - a small, five-cabin unit - with his wife, Amy, said they are in support of the moratorium. 

"We are the neighbors of Paint Rock Farm," Kashuba said. "We think the moratorium is a great idea, so that you all can work on things such as defining certain things, like an assembly hall, or a wedding venue, or a barn even, because they are three drastically different things. But the biggest thing is action. Your actions are going to speak louder than your words. Just like Paint Rock Farm's actions are going to speak louder than their words. You all know where we stand in regard to the noise, and the increased activity, and I thank you all for those of you who are supporting and continuing to drive forward to make this just get into a better situation for all the neighbors of every neighborhood that has to deal with and listen to all these venues." 

Amy Kashuba said she and her husband were in favor of the moratorium, as it could potentially bring less headache to event venue neighbors in the future.

"We're definitely for the moratorium even if it's just to help other neighbors of other future venues to not have to go through the same type of things that we are going through, with not having exact guidelines, or difficulties with neighbors getting along," Amy Kashuba said. 

In the May meeting, some residents made specific reference of noise pollution at The Ridge, an event venue located off Long Branch Road in Marshall. 

In the June 28 meeting, The Ridge owner Marta Bodenhorst's lawyer, Murphy Fletcher, of McGuire, Wood and Bissette, aimed to dispute some of the complaints levied against The Ridge by its neighbors who spoke public comments during the May meeting. 

"We do feel like some of the information that's been shared about The Ridge has been inaccurate or incorrect," Fletcher said. "Since its original wedding in 2016, Ms. Bodenhorst has implemented several measures in response to complaints about noise, whether it's building trees as a buffer, or limiting when sound can be played, or how long an event can go.

"Ms. Bodenhorst, like everyone here, has made Madison County her home. She's invested in Madison County through The Ridge and wants to continue to be a good citizen, to be a good member of the community, as well as have The Ridge be an economic success here in the community. Again, we're here to engage. We're here to participate in this process." 

Commissioners' views 

Garrison said the moratorium would provide the county time to address the county ordinances "insufficiencies of clarity, coverage and concern."

"I think if we do that, it sets a realistic expectation for anyone who seeks to have whatever opportunities on their own property," he said. "It gives them realistic expectations about what we as a community and as a county expect. It also gives them clarity of what the guidelines are going to be in seeking to develop a business opportunity, and it also gives the community opportunity to be a part of that process to help ensure that we have sufficient coverage in our ordinances to help address those areas of concern." 

Interim County Manager Norris Gentry said the moratorium will serve as an opportunity.

"We have recognized, and now we need to work together to come up with the best possible answers," Gentry said. "I am fully in support of this community, and all of us working together to find the best alternative." 

The moratorium is not meant "to knock anybody's business, or to knock anybody out of business," Bboard Chair Mark Snelson said.

"But for these people that have lived here all their lives, it is their business when they don't have peace and quiet at home," Snelson said.