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Krebser pointed out that the Ski Area’s right to continue skiing had lapsed when the activity, considered a non-conforming use under the county zoning ordinance, had been discontinued for more than a year.
Once the use was interrupted, the Ski Area had to go before the BZA for a special use permit to resume the winter sport at Harris Hollow, according to Krebser. He recalled that opponents to granting the special use permit for the gravity slide had suggested that Moore apply just for skiing. “Nobody was opposed to that.” he said.
Krebser added that it was Moore’s decision to include skiing along with the Alpine slide on the permit application and therefore not the BZA’s fault that skiing was denied with the other requested uses.
The BZA can omit or add anything it desires in acting on a special use permit, Luke responded, and so could have granted skiing without including any other rights. “The BZA was confused on what they were voting on anyway,” he added.
Luke continued that the new amendments are more restrictive than any former regulations applying to the conservation district. He repeated that recreation had been a use allowed by right in a conservation district before adoption of ordinance amendments on September 7.
Krebser protested that the term recreation, still hadn't been defined in the Rappahannock Zoning
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