John L. Jennings, t/a Jennings Boatyard, Inc. v. Board of Supervisors of Northumberland County

Summary

The Supreme Court of Virginia held that Northumberland County had concurrent zoning authority over a commercial marina project, including piers and slips extending beyond the mean low-water mark into state-owned bottomlands. The Court also upheld the county's special exception permit ordinance, concluding that it was not invalid for lack of specific standards because the governing body was exercising legislative judgment within the zoning framework. The judgment denying declaratory relief was affirmed.

Holdings

1. Northumberland County's zoning authority extends to Jennings's proposed commercial piers and marina expansion on state-owned bottomlands extending into Cockrell's Creek because Code § 15.2-3105 places such waterfront structures within the boundaries of the locality and the County's zoning authority is concurrent with, rather than precluded by, the Virginia Marine Resources Commission's regulatory authority.
2. Northumberland County Zoning Ordinance § 148-138(A) is not invalid for failing to state specific standards governing the issuance of a special exception permit.

Questions Presented

1. Whether Northumberland County's zoning jurisdiction extends to commercial piers and marina facilities constructed on state-owned bottomlands beyond the mean low-water mark in tidal, navigable waters.
2. Whether the County's special-exception-permit ordinance is void for failing to provide adequate standards to guide the Board's decision.

Disposition

affirmed