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addressed in the rezoning process.
In considering a subdivision rezoning, the supervisors can look at the adequacy of roads, using specific guidelines for evaluation or keeping the guidelines of a more general nature so as to allow flexibility, an option available, McNear said, with the presumption of legislative validity that the supervisors possess.
Another area where legislative validity can come into play is with special exception permits as differentiated from special use permits, the planner continued. He explained that in Fauquier County, the supervisors issue special exception permits for uses with a county-wide impact and special use permits for uses with only neighborhood impact. Special exception applications, he said, have to meet much stricter conditions.
Miller interjected that he would like to see variances as well issued by the county’s legislative body rather than by the board of zoning appeals.
State law mandates that variances be issued by the board of zoning appeals McNear said, but variances can only be granted in accordance with very specific criteria. “I won’t say whether that's been abused or liberally interpreted in this county but what happens here could never happen in Fauquier...The BZA can’t amend the ordinance by variance as done in this county." he said.
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