Board of Zoning Appeals v. 852 L.L.C.

In this land use controversy, we consider whether the trial court erred in reversing a board of zoning appeals’ decision that had affirmed a zoning administrator’s interpretation of a local ordinance prescribing computation of developable land area. At issue is whether a landowner should be allowed a 100% density credit that is set forth in the ordinance.

The ordinance in question is titled “Computation of buildable or developable area.” York County, Va., Code § 24.1-203 (1996). As pertinent, the section provides: “In accordance with the comprehensive plan, certain land areas shall not be…