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In a final point, the petition attacks the validity of the county’s zoning ordinance itself. It claims that the ordinance is arbitrary and capricious “in that the standards by which the Board may grant special use permits are conclusory and indefinite; that said ordinance improperly confers upon the Board the power to legislate, and that said delegation is invalid and inoperative.”
In a recent case in neighboring Fauquier County involving a special use permit issued by the Board of Zoning Appeals, circuit court judge Raynor V. Snead ruled that wording in the Fauquier County zoning ordinance was vague and gave too much discretionary power to the BZA. Snead held that the Fauquier supervisors had gone too far in delegating authority to the BZA and further implied that the standards for evaluating permits might not hold up if tested in court.
As a result of Sneed’s ruling, the Fauquier Supervisors have temporarily taken over the issuance of special use permits.
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