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By DAPHNE HUTCHINSON
Rappahannock Nov* Staff Writer
In response to questions raised over the validity of Rappahannock’s zoning ordinance, the county planning commissioners at last Wednesday’s public hearing postponed action on Carson Johnson’s rezoning request, pending legal advice.
On behalf of Piedmont Land Trust, Johnson is seeking to have 143 acres near the village of Sperryville rezoned from agriculture, conservation and residential business to residential subdivision for division into eight lots.
Washington attorney David Konick reminded the planners that the county has asked the circuit court to determine whether the zoning ordinance’s section on residential subdivisions is valid since it fails to list either uses allowed by right or with a special use permit. “Indications are that it will be ruled invalid,’’ Konick said.
The argument is being made, he continued, that if the residential subdivision section is thrown out by the court, “all that land (zoned residential subdivision) is going to become unzoned land. That means it’s not going to be subject to any provisions of the zoning ordinance except Section 13.” (Article 1-3 is a general. Catch-all provision, designed
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