Zoning | Virginia Lawyers Weekly

Center’s Extra Services Violated Ordinance

By Deborah Elkins
Published: July 6, 2011
Tags: Fairfax County Circuit Court, Judge Robert J. Smith, Virginia Circuit Courts, Zoning

A counseling center that has a non-residential use permit has violated the local zoning ordinance by offering additional services such as laundry, personal care facilities and meals to its clients, and the Fairfax Circuit Court reverses the decision of the Board of Zoning Appeals that would allow the additional services and reinstates the zoning administrator’s [...]

No Pending Appeal Means No Stay

By Deborah Elkins
Published: June 7, 2011
Tags: Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts, Zoning

A Richmond Circuit Court grants the city’s motion to enforce this court’s 2000 decision that defendant’s highway sign is illegal, as defendant owner has not demonstrated he is entitled to a stay because of a pending administrative appeal. Here, following the court’s 2000 ruling upholding the zoning board’s determination that defendants’ highway sign is illegal, [...]

Multiple Banners Do Not Satisfy ‘Flag’ Ordinance

By Deborah Elkins
Published: March 29, 2011
Tags: Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts, Zoning

The multiple banners flying from nine poles on defendant’s property may bear 13 alternating red and white stripes and 50 stars, but they do not constitute a United States “flag” as defined in federal Executive Order 10834, and a Hanover County Circuit Court says the banners do not satisfy the county’s zoning ordinance on signage. [...]

Prohibitory Injunction Issued for Zoning Violation

By Deborah Elkins
Published: February 15, 2011
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts, Zoning

Although the Notice of Violation overstated the appeal period for the charged violations of having more than five unrelated persons in a single-family dwelling and letting rooms for a boarding house, the plain error did not render the Notice null and void, says a Fairfax Circuit Court, and the court grants partial summary judgment enjoining [...]

Zoning – Zoning Violation – Scooter Sales & Repair

By Deborah Elkins
Published: October 14, 2010
Tags: Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts, Zoning

A Norfolk Circuit Court upholds the Board of Zoning Appeals’ determination that appellant violated Norfolk Zoning Code § 6-1.2, which bars the sale and repair of automobiles in a C-1 limited commercial zone, by selling mopeds from his property. Norfolk Zoning Ordinance § 2-3 defines “automobile” as any vehicle propelled by its own motor and [...]

Zoning – Rezoning Application – Proffer Amendment – Public Hearing

By Deborah Elkins
Published: September 21, 2010
Tags: Supreme Court of Virginia, Zoning

A county board of supervisors did not violate the county code’s conditional zoning provision when it failed to hold a new public hearing on a rezoning application after it amended the proffer, with the agreement of the property owner, to limit sale of diesel fuel at the proposed service station; the Supreme Court of Virginia [...]

Zoning – Bed & Breakfast – Injunction – No Appeal

By Deborah Elkins
Published: July 6, 2010
Tags: Fairfax County Circuit Court, Judge Randy I. Bellows, Virginia Circuit Courts, Zoning

A county zoning administrator may request an injunction against a couple cited for operating a bed-and-breakfast in violation of county zoning ordinances; a Fairfax Circuit Court says although the couple thought they had resolved the issue through discussions with the zoning inspector, they did not appeal the 2008 notice and the county is entitled to [...]

Zoning – Consolidation Application – ‘Administrative Officer’

By Deborah Elkins
Published: June 15, 2010
Tags: Justice Cynthia D. Kinser, Supreme Court of Virginia, Zoning

A zoning administrator’s interpretation of an applicable zoning ordinance was binding, pursuant to Va. Code § 15.2-2311(c), on a planning commission’s decision whether to approve a consolidation application, the Virginia Supreme Court says, and the court affirms the circuit court judgment that the planning commission’s denial of the consolidation application was based on the applicable [...]

Zoning – Special Use Permit – Wal-Mart Store – National Trust Standing

By Deborah Elkins
Published: May 11, 2010
Tags: Judge Daniel R. Bouton, Orange County Circuit Court, Virginia Circuit Courts, Zoning

Although plaintiff National Trust for Historic Preservation is appropriately concerned about the potential impact of a Wal-Mart store on the Wilderness Battlefield property, under Virginia Supreme Court precedent, the Trust’s general concern does not give it standing to challenge defendant county’s issuance of a Special Use Permit; but the Orange County Circuit Court recognizes standing [...]

Zoning – Building Height – Uniformity Requirement

By Deborah Elkins
Published: April 22, 2010
Tags: Justice Lawrence L. Koontz Jr., Supreme Court of Virginia, Zoning

A developer loses his challenge to a Falls Church zoning ordinance that establishes different building height regulations on one-family dwellings in the same zoning district; the ordinance does not violate Va. Code § 15.2-2282, and the Supreme Court of Virginia affirms summary judgment for the city. The developer owns 12 lots in the city, all [...]

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