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Tag Archives: Zoning

County’s demand for commuter route payments fails (access required)

The Virginia Supreme Court has affirmed a ruling that the establishment of a commuter route did not trigger a shopping center owner’s obligation to contribute $500,000 under a zoning proffer for public transportation. “The County’s argument that voluntary conditional proffers ...

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‘Construction vehicle’ incorrectly defined in enforcement action (access required)

Where the county zoning administrator and the Board of Zoning Appeals determined that landowners were illegally parking and storing construction vehicles on their commercially zoned properties, the ruling is reversed. The administrator and the BZA used an incorrect definition of ...

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Pipeline’s federal preemption claim against regulations was ripe (access required)

Where a pipeline was denied permits for construction based on zoning regulations that had been enacted so that the county could participate in the National Flood Insurance Program, the regulations did not thereby achieve the status of federal law, and ...

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Denial of church permit was religious discrimination (access required)

Where a church’s petition to operate on property made substantial efforts to comply with the applicable zoning laws and was not opposed by the relevant authorities, the denial of the petition after objections from the surrounding community constituted religious discrimination. ...

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Zoning Board failed to follow its own rules (access required)

Where the Board of Zoning Appeals granted reconsideration of its original decision beyond the seven-day deadline set by its by-laws, its subsequent decision was void. Background The Board of Zoning Appeals heard the landowners’ application on June 28, 2017, and ...

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SCV: Auto graveyard affirmed as lawful non-conforming use (access required)

The petitioner was entitled to “verification” of lawful non-conforming use status for a parcel of property housing junk cars. Although the parcel had at one point been owned by a corporation that attempted to clear the property, evidence showed that ...

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CAV: Contempt upheld for “junk” storage in backyard (access required)

A court order requiring a property owner to cure residential zoning violations gave him sufficient notice that he must remove “junk” not only from his front and side yards but also from his back yard. Background In April 2005, Henrico ...

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Va. Cir.: No violation for “use” when rule targets “facilities” (access required)

A property owner couldn’t be convicted of providing free waterskiing lessons to disabled veterans without having obtained a conditional use permit, as the cited zoning ordinance spoke to recreational “facilities” rather than uses. Background Defendant Witchduck Lake Enterprises Inc. is ...

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