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According to Article 14 of the zoning ordinance, “if any nonconforming use (structure or activity) is discontinued for a period exceeding one year after the enactment of this ordinance, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this ordinance.” Therefore, it appears that Moore does need a special permit before he can reopen the ski area as simply a ski area without an Alpine slide and other summer support activities.
When asked if Moore planned to appeal the BZA’s denial to the circuit court, Baumgardner said his client had made “no firm decision with respect to what action, if any, will be taken as a result of the denial by the Board of Zoning Appeals of the application for a special use permit.”
Because of the zoning ordinance’s provisions regarding abandoned nonconforming uses, Baumgardner said Moore requested a use permit for skiing and other uses that had been previously allowed under the ordinance’s grandfather clause. “Although there may be some doubt as to whether the ski corporation needed to apply for a use permit for skiing or for any other use sought, including the Alpine slide, it has been Mr. Moore’s position from the outset that he wanted to resolve any doubt in favor of
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