The discussion of the Batten’s Hitching Post Barn wedding venue and church services continued on January 12th, 2016 with the return of James Adkins to the dais. He provided the vote to decisively close the matter with the county, although the Battens may not see the matter as truly resolved. In November, Commissioners came to a standstill on determining hours of operation for the wedding venue. Commissioners Rowden and then Chairman Nicholson were in favor of an earlier closing time, while Commissioners Holcomb and Dukes were amenable to allowing a later closing time of 11pm.
A later closing time means a more viable business for the Battens, but neighbors worried that music noise levels would be a greater nuisance as it had been in the past.
Numerous neighbors once again expressed concern about the noise emanating from the property. “It’s an open air barn. That’s why we can hear all this music… The speakers are tuned to the highest they can be,” stated a neighbor who lives on Red Fox.
Former Sheriff and Commissioner Thomas Mylander stated, “I had the honor and privilege to be involved in doing the comprehensive plan… In that committee we took it very seriously on how we tried to regulate what went on in the county… I have lived close to Mr. Batten ever since I moved here in 1977. I don’t think any of us are against people using their property for profit, but how they do that and how that affects other people is very important.”
As a sheriff for 16 years and law enforcement for 34, Mr. Mylander explained, “Some of these parties, it may start out as a wedding barn, but it ends up as a bar barn.”
Attorney for the Battens, Mr. Joe Mason clarified that the venue does not provide speakers. Those who are renting the venue bring their own and are told to face them towards the open pasture.
He also countered that the only testimony that has been heard has been about the noise. “The noise ordinance is not intended to enforce quiet and solitude. It’s intended to establish a noise level which is sufficient to accommodate noise generators and noise receivers. The issue is not whether the noise can be heard. The issue is whether it violates the noise ordinance.” He referred back to earlier testimony of an individual who tested the noise levels to be within the limits of the noise ordinance. He also stated there has been no evidence that the noise ordinance had been violated.
“If we adopt a standard that says we can’t have any impact, then we’ve adopted a standard that makes life and living impossible.” He said that the county can set a new noise ordinance if they must, “but until the county sets a new public policy, there’s not an issue of zoning.”
Mr. Mason made the argument that enforcing an end time of 9pm means to negatively impact the financial aspects of the wedding venue. “To meet the practical considerations of what many wedding parties insist upon, if they want to have a late afternoon, sunset wedding… We can’t meet that, we would be out of that market, if a 9 o’clock conclusion time is enforced,” he stated.
Commissioner Dukes stated, “It comes down to how long and how loud they play their music… Your point is right, if the ordinance says you have to stay within a certain decibel then they have to do that… I think if we could come to some sort of agreement with the noise levels, I think the rest will work itself out.”
Mr. Mason stated, “Our commitment is that we will meet the noise ordinance, we will meet the operational standards that are set. He stated, “We invite code enforcement out… if there’s a problem we’ll correct it. We don’t think there will be a problem.”
Diane Rowden stated that she feels the hours should be limited to 9 o’clock because if they set it at 9 she could “probably guarantee you they’re not going to be out of there until 11 o’clock.” “The only thing I would maybe agree with is going from 24 [days] to 28 [days],” she said.
Commissioner Nicholson agreed with Commissioner Rowden.
Commissioner Holcomb made a motion for the noise to cease at 11pm, allow a wedding on 28 days of the year and additional church activities as requested by the petitioners.
This was defeated 2-3 with Rowden, Nicholson, and Adkins voting against it.
Commissioner Nicholson made a motion to approve what was recommended by Planning and Zoning but changing the 24 days to 28 days. P & Z approved the application for hours of operation between 9 am and 9pm with vendors off the property by 10pm. The church services would run from 11am to 12:30pm. Commissioner Holcomb requested they allow music starting at 10:30am which was agreed upon.
In regards to additional church activities,
“If they need other permits [relating to church activities], it can be done without our approval. It can be done administratively,” stated Commissioner Nicholson.
Mr. Pianta confirmed, “A temporary event permit can be applied for and issued by the administrative official.”
This would include having an Easter Sunrise Service or any other service outside the scope of the stated hours.
Mr. Mason followed by asking, “So the intent of the motion is to limit the functionality and services of the church.” Attorney Garth Coller responded they were not trying to treat churches any differently.
The motion was approved 3 to 2 with Commissioners Holcomb and Dukes voting against it. Commissioner Dukes stated, “I think we’re treading on very shallow ice there.” The Battens feel the limitations placed on their wedding business and church are too onerous and are exploring their options.