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by rezoning and conditional or renewable permits.
Davis maintained that the county would have more discretionary power if the permits were issued by the board of Supervisors rather than the Board of Zoning Appeals.
Virginia courts proceed under the “Dillon Rule,” Davis noted, and accordingly, authority is delegated from the state to the local legislative body, in this case, the Board of Supervisors.
“It stops there,” Davis said. “The county can’t delegate that authority to any administrative body or agency...The local governing body has implied powers to carry out the intent of legislation. Administrative agencies have no such implied powers...That’s why special use permits denied by the Board of Zoning Appeals have been overturned by the courts while the same permits denied by the Board of Supervisors have been upheld. If these things aren’t taken into consideration, then we’re in trouble,” he warned.
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