Commission hears counsel's legal guidance: motions on rezonings must state 'good zoning practice'; staff previews ordinance and budget work

Miss Hall, planning staff, told the Lancaster County Planning Commission that County Attorney Jim Cornwell advised staff to change the commission's motion protocol for zoning amendments so motions explicitly state the required findings under state law.

"Based on this language, Mr. Cornwell has opined that in cases where there is a motion to change the zoning regulations...the motion shall contain the specific findings of, quote, 'good zoning practice,'" Miss Hall said. She said the change is procedural and would not require a public hearing; staff will include suggested language in the memo for commission consideration.

Commissioners also discussed staff work on legacy R-2 zoning to address enforcement problems after R-2 was repealed. Miss Hall said a legacy R-2 district would let the county update permissible uses for existing grandfathered R-2 properties without allowing new property to be rezoned into that district; commissioners cited waterfront neighborhoods such as Hills Quarter, Windmill Point and Slick Point as examples of where the issue arises.

On other business, Miss Hall said proposed changes to the Chesapeake Bay preservation ordinance are pending review by the Virginia Department of Environmental Quality (VDEQ) and that flood-ordinance edits recommended by Assistant Building Official Kevin Zoll will require Department of Conservation and Recreation (DCR) approval before coming to the commission. Staff also plans to purchase an editing GIS license for an employee (Andrea) to support mapping updates, and the commission will review department requests for the capital improvement budget in February with a public hearing planned for March to meet the Board of Supervisors' schedule.

The commission had a brief Board of Zoning Appeals update and concluded discussion items for the evening.