Supervisors mull reallocating BZA powers to themselves

Zoning board chair opposes weakening the body’s scope

A consulting firm hired by the Rappahannock County Board of Supervisors to review the county’s zoning ordinance recommended that the body revoke authority from the Board of Zoning Appeals to review special use applications, making it strictly an appeals body.

Supervisors and county officials voiced support for the measure at a regular meeting on Aug. 1 and at special meeting with consulting firm the Berkley Group on Aug. 3. Under the recommendation, the Board of Supervisors would review and approve most special use applications, rather than the BZA, whose members are court-appointed.

Currently, the zoning ordinance allows the BZA to review and approve special use applications to alleviate work from the Board of Super

visors, which currently reviews special exception applications. The recommendation from the group would also make some special uses a “by-right with use standards,” meaning special use applications would go to the zoning administrator’s office for review.

If the Board of Supervisors adopts the proposal, special use applications would be reviewed by the Planning Commission and then go to the Board of Supervisors for a public hearing before a nal to approve or deny the application. The BZA would only hear and decide appeals if there is an alleged error in zoning enforcement or administration.

Representatives from the Berkley Group said this model would be more in line with how other localities utilize their BZA, despite Virginia code allowinint zoning appeals bodies to vote on applications.

BZA Chairman Ron Makela said he does not support the proposal of limiting the scope of the BZA, saying the Board of Supervisors would not have time to hold additional public hearings in addition to its monthly meetings.

“One public hearing could take two hours,” Makela said. “How much time are they going to take away from, say, dealing with the buildings that are falling down?”

Makela added that he’s gone to the sites of numerous applications to tour properties in person and ask questions, something that he says members of the Board of Supervisors likely will not have time to do.

Members of the Board of Supervisors, including Stonewall-Hawthorne Supervisor Van Carney and Jackson Supervisor Ron Frazier, said they think approval of special use applications should be done by o cials who are elected, not those who are court-appointed. Wake eld Supervisor and Chair Debbie Donehey did not return a request for comment.

Makela argued that the work done by the BZA is not “legislative,” but that the body makes rulings. Carney said that while the suggested change would create more work for the Supervisors, he believes special use applications should be decided by elected o cials.

Frazier said the purpose of a BZA is to have no “allegiance” to the Board of Supervisors and make unbiased decisions on zoning ordinances. But, he argued, that process in Rappahannock County has become political, defeating the BZA’s intended purpose.

County Administrator Garrey Curry said during the meeting with the Berkley group that changing the scope of the BZA will be high on the Supervisor’s list of priorities. Curry characterized the BZA’s role voting on special use applications as legislative action.

“So if we can improve those processes and strengthen them and best align them with what the code of Virginia allows us to do, I think it allows us to be more defensible down the line,” Curry said.