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Counterpoint
From Page A5
have not. Even assuming he has, his is but one legal opinion.
Attorney
general’s input
Under such circumstances, the responsible way to proceed is for the county to seek guidance and advice in the form of an attorney general’s opinion, which, for some inexplicable reasons, the county has thus far declined to do. It costs nothing, and would help to resolve the legal issues that would forever hang over the Lighting Ordinance like the proverbial sword of Damocles.
For the Board of Supervisors to ignore these questions and vote to adopt these proposed zoning regulations that may invite unnecessary challenges to our zoning and other land use ordinances would be irresponsible and inadvisable. It is likewise bad zoning practice to adopt an ordinance of such doubtful legality that it will not be enforced uniformly, if at all. This denigrates respect for all zoning and land use laws, and exposes the county to many avoidable legal risks.
Unless and until either the board obtains a favorable ruling from the Attorney General of Virginia, or succeeds in having the Code of Virginia amended to grant Rappahannock the authority it needs to adopt such a local ordinance, the more practical solution to the perceived problem of outdoor lighting at commercial premises is to subject commercial establishments with more than a certain minimum square footage of commercial space, fast food establishments, gas stations and isimilar commercial uses to the Special Use Permit requirements, even in commercial and industrial zones.
The Board of Zoning Appeals could then consider, as one of the approval factors, whether or not excessive outdoor lighting of a particular proposed project might be inconsistent with the character of the neighborhood.
For anyone familiar with the zoning map of the county, there are relatively few com-, mercial or industrial zones in the county at present, and in all probability, any new commercial establishment of the type commonly mentioned by proponents of the Lighting Ordinance would require a rezoning application to be
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