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(Continued from Page 1) opinion as to this matter are unclear and difficult to reconcile,” Robertson said. The floor plain map “appears to show this property, indeed virtually the entire village of Sperryville, within the Flood Plain District.”
The BZA argues that the language of the zoning ordinance makes residential business (RB-1) uses permissible in the overlaying Flood Plain District in accordance with the board of supervisors intended, Robertson noted. But the judge ruled that neither the ordinance approved by the supervisors nor papers filed by the BZA “make it sufficiently clear that such is the case. I find no provision in the ordinance or on the maps which states the effect of such an overlay (flood plain zone) upon an RB-1 district - or any other district,” Rob* ertson said. “Further, the RB-1 district and the agriculture district common boundary is unclear as it effects this property,” he added.
The BZA also argues that under Virginia law, it has the power to interpret a zoning district map where there is uncertainty as to the location of the district boundary, the judge said. However, he pointed out that the power is limited to the hearing and deciding of “applications for interpretation” at a public hearing on legal notice. Review of the records fails to show any such application or public hearing, Robertson noted. “I therefore deem no such determination has been made by the BZA.”
Building?
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