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approved by both the Planning Commission and Board of Supervisors. In this process, the applicant could be encouraged to make voluntary proffers to limit outdoor lighting along the lines of those standards in the proposed Lighting Ordinance.
Alternatives
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In short, there are other and far better ways to do what the ordinance proponents say they are trying to do, and these alternatives involve far less risk of litigation initiated by some corporate giant that would be costly for the county and which we likely would lose or be forced to settle.
The proponents say there is no harm done by adopting a local ordinance-of such questionable legality. In doing so, they ignore another related but equally important issue lurking just beneath the surface that involves other crucial aspects of the county’s comprehensive plan, zoning and subdivision laws.
Many of us who actively participated in drafting and passage of the current regulations believe these regulatory concepts are enforceable, but in fact some of them have never really been tested in court. Some of these provisions invade what is sometimes called “the gray area.” The county knowingly took some calculated risks by claiming “the gray area” in favor of stricter requirements and regulations than may be actually permitted under state law. So far, no one has challenged any of those restrictions, but that is no guarantee they will not be challenged at some future date, especially as development pressures intensify all around us with each passing month and year.
Ib adopt a local zoning ordinance - lighting or otherwise - that is so obviously fraught with serious legal questions ultimately may have serious consequences far beyond the invalidation of those particular provisions. It may invite court review of other provisions “in the gray area” whose rejection might have very dire and unintended consequences for the county.
For all these reasons, as a former zoning administrator, as a practicing attorney, and primarily as a citizen of the county, I urge the Board of Supervisors and the proponents to think carefully before supporting or voting to adopt the proposed outdoor lighting ordinance.
David L. Konick served as Rappahannock County’s Zoning Administrator from 1981-85.
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