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to the Planners that the General Assembly had adopted ‘‘conditional zoning” at the last session—an alternative that he said gives localities more flexibility.
Capelle described adoption of the enabling legislation that allows conditional zoning as a move “two feet in the direction of the one mile” to go in repealing the Dillon Rule. With conditional zoning, Utcal government can negotiate with a developer on restrictions that will make a subdivision more palatable, according to Capelle. “It’s compromise on top of the table instead of underneath,” he explained.
There is a problem with amending Rappahannock’s ordinances to allow conditional zoning, Capelle continued. He reported that enabling legislation included the requirement that any restrictions placed on the developer must be in compliance with the locality's comprehensive plan. Therefore, without a comprehensive plan, there can be no conditional zoning.
In other action, the Planners voted unanimously —with no discussion— to advertise jointly with the Board of Supervisors for a public hearing on August 31 at 7
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