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Woodville. According to the ordinance, any legal activity pursued at any of the villages in 1973 when the ordinance was enacted "may be continued.”
As an extension of a lawful use, DeMent was told by the Zoning Administrator that he needed a special use permit before he could get a building permit to enlarge his antique business, according to Fitzgerald. He contended that the special use permit granted by the BZA in April included specific conditions:
1 • the new construction had to be 70 foot by 40 foot;
2. the new construction had to be an extension of the existing building.
Fitzgerald argued that adoption of Davis' position regarding prohibition of flood plain building would mean ignoring ordinance provisions that allow certain uses in the Sperryville area with a special use permit.
Judge Snead stated that he was adopting the argument put forth by Fitzgerald and Crigler and ruled that the BZA had the authority to grant a special use permit. He called Davis’ argument for prohibition of building in a flood plain “too constrictive... It would mean that Sperryville couldn't grow in any way."
Moving on. Snead described the question of revoking the special use permit "a little more difficult."
Not In Compliance
Fitzgerald began by contending that the building permit issued by McNear was not in compliance with the special use permit granted by the BZA. The building permit, he noted, allowed the new construction to be joined to the existing building by a breezeway while the special use permit made no mention of any such breezeway. Fitzgerald argued that there was no question but that the BZA could have revoked the special use permit at the meeting following the issuance of that permit. Lack of compliance with permit conditions was brought to the attention of the Zoning Administrator at the following meeting and McNear subsequently wrote a letter to DeMent, according to Fitzgerald.
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