April 18, 2023

Fairfax County, Virginia, Set to Re-adopt Invalidated Zoning Ordinance

McGuireWoods LLP

+ Follow Contact

Send

Embed

Fairfax County, Virginia, has announced plans to re-adopt the z-Mod zoning ordinance at its May 9, 2023, Board of Supervisors meeting.

The Virginia Supreme Court’s decision in Berry v. Board of Supervisors of Fairfax County voided the prior z-Mod zoning ordinance. On April 11, 2023, the Board of Supervisors authorized public hearings for z-Mod’s re-adoption. Fairfax County plans to reapprove the exact same ordinance invalidated by the Berry decision.

The county will hold a public hearing before the Planning Commission on May 3 and a public hearing and final vote by the Board of Supervisors on May 9. The re-adopted z-Mod is expected to go into effect immediately after approval.

For background on the Berry decision, see McGuireWoods’ March 24, 2023, legal alert.

Send Print Report

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.