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defensible," he wrote. He stopped short, however, of stating that all of Rappahannock's prohibitions on re-subdivision are “facially invalid."
But Baumgardner held that Article 6 of the zoning ordinance (the RS-1 zoning category) is invalid on its face. He noted that Article 6 requires a proposed subdivision be rezoned RS-1 before it can be approved by the governing body. This provision "intertwines and confuses” the administrative function of subdivision plat approval with the legislative function of rezoning. Baumgardner said, citing the attorney general’s opinion.
Refer To Supervisors
Baumgardner concluded that the Neals are asking for a zoning variance from an invalid law and maintained that a variance is not the
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