Lot-Width Waivers Violate Dillon’s Rule

Rezoning Challenger Gets Hearing

By Deborah Elkins
Published: April 2, 2012
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts, Zoning

Plaintiff office park owner’s allegations that the board of supervisors did not adequately consider traffic impact when it rezoned an adjacent parcel from single-family homes to a planned development community have earned plaintiff an evidentiary hearing on whether the rezoning was arbitrary and capricious, says a Fairfax Circuit Court. The primary issue at bar is [...]

Denial of Zoning Certificate Reversed

By Deborah Elkins
Published: April 2, 2012
Tags: Judge Mary Jane Hall, Norfolk Circuit Court, Virginia Circuit Courts, Zoning

A Norfolk Circuit Court overturns a zoning administrator’s refusal to issue a zoning certificate to state petitioner’s use of his property complied with the zoning ordinance, to allow the owner to obtain a business license to operate a used auto sales business at the location; the administrator erred in holding the prior nonconforming use of [...]

Court Upholds Cell Phone Tower Permit

By Deborah Elkins
Published: April 2, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge Albert Diaz, Zoning

The 4th Circuit upholds an injunction directing that T-Mobile’s application be granted for a conditional use permit to allow construction of a wireless communication tower at an elementary school in Newport News, Va. After the city council denied T-Mobile’s application, it filed suit alleging violations of Section 704 of the Telecommunications Act of 1996. T-Mobile’s [...]

No Tower in Residential Area

By Deborah Elkins
Published: March 28, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge G. Steven Agee, Zoning

A county board of supervisors’ denial of a special exception permit to allow construction of an 88-foot cell phone tower in a residential neighborhood in Fairfax, Va., did not violate the Telecommunications Act of 1996; the 4th Circuit says substantial evidence supported the board’s decision, and the permit denial did not effectively prohibit wireless services [...]

Plan Commission Can’t Waive Slope Work

By Deborah Elkins
Published: January 18, 2012
Tags: Justice William C. Mims, Supreme Court of Virginia, Zoning

An Albemarle County ordinance that allows for a waiver of certain restrictions on construction on steep slopes is struck down by the Supreme Court of Virginia as an improper delegation of legislative authority, and a circuit court’s denial of a property owner’s challenge to installation of a cell phone tower on an adjacent parcel under [...]

No Injunctions for Waterside Bars

By Deborah Elkins
Published: January 11, 2012
Tags: Judge Norman A. Thomas, Norfolk Circuit Court, Virginia Circuit Courts, Zoning

In these consolidated cases that pit two entertainment businesses in Waterside Festival Marketplace against Norfolk City Council, the Norfolk Circuit Court says the city is entitled to injunctions to prevent the two businesses from operating as “Entertainment Establishments” and serving on-premises alcoholic beverages. The parties contest numerous issues respecting whether Norfolk 102 LLC and Norfolk [...]

Antique Vehicle Collection is Illegal Junk Yard

By Deborah Elkins
Published: December 28, 2011
Tags: Fairfax County Circuit Court, Judge Robert J. Smith, Virginia Circuit Courts, Zoning

Although a property owner says the antique vehicle collection on his Fairfax County property is his hobby, the Fairfax Circuit Court upholds the Board of Zoning Appeals decision that the collection is an illegal junk yard under the local zoning ordinance. The owner complains the BZA did not make specific findings of fact in ruling [...]

Denial of Variance Upheld

By Deborah Elkins
Published: December 13, 2011
Tags: Arlington County Circuit Court, Judge JoAnne F. Alper, Virginia Circuit Courts, Zoning

An owner who used his property for sale and repair of batteries loses his appeal of a denial of his request for a variance to operate a taxi detailing business, in this case from Arlington County Circuit Court. These two consolidated cases concern a single property located at 1120 N. Jackson in Arlington County. The [...]

Court Stays Decision on Vested Rights

By Deborah Elkins
Published: October 21, 2011
Tags: Judge Craig D. Johnston, Prince William County Circuit Court, Virginia Circuit Courts, Zoning

Although the Prince William County Circuit Court has independent authority to decide a vested rights controversy raised by two letters issued by the zoning administrator, the court chooses not to exercise this authority at this time and will stay further proceedings pending decisions on appeals to the board of zoning appeals and the board of [...]