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It is the Supervisors' contention. Davis said, that the BZA had no jurisdiction to issue a special use permit in a flood plain for the type of structure applied for by DeMent. As the use permit was invalid, he continued, so is the building permit issued pursuant to the use permit. "The ordinance clearly prohibits any structure within a flood plain." he concluded.
No Permit Necessary
Waugh Crigler, DeMent’s attorney, began his argument by insisting that no use permit was required in the First place. According to Crigler. DeMent submitted a proposal to "repair, improve and upgrade" his existing antique business with the extension and breezeway. He then cited Article 5-1-1 of the zoning ordinance that gives uses permitted bv right in Sperryville’s residentialbusiness district including the right to "repair, improve and upgrade existing facilities to continue in their present use."
However, Crigler did
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