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he made to the supervisors last week with no response.
According to the commonwealth’s attorney, the abandonment portion of Rappahannock’s “grandfather clause’’ is null and void because it exceeds the authority granted by state enabling legislation.
Under the ‘‘grandfather clause,” uses in existence at the time the zoning ordinance was adopted in 1973 are allowed to continue even if they don’t conform to ordinance provisions. Under county regulations, however, if a “grandfathered” use is discontinued for one year or more, the use cannot be resumed without compliance with Rappahannock’s land use laws.
Baumgardner pointed out that state enabling legislation in this area gives a locality the right to require strict compliance if a nonconforming use is discontinued for two years or more, not one year. By exceeding authority granted by the state, he explained, the county has nullified its local ordinance on abandonment. He added that a landowner who discontinued a “grandfathered” use the day after the ordinance was adopted could pick up today right where he left off seven years ago without any further approval from the county.
Another “glaring violation of equal protection under th* law” is section 2-31C of the subdivision ordinance which confers certain rights upon landowners of lots recorded prior to 1962, according to the commonwealth’s attorney. The section allows division of land into not more than five lots for transfer to parent or child. “I don’t think it takes legal training
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