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NPEA’s attorneys as well as by Konick and Baumgardner deal solely with the ordinance as applied to the NPEA property. Therefore, the legal proceedings involved in the camp ground controversy challenge only the validity of specific sections of the ordinance, not the county’s entire body of zoning law.)
Konick maintained that Robertson will have to decide which prevails—the “catchall” conditions in Article I or the more specific regulations included in other sections of the zoning ordinance. He also agreed with Jones that a, determination has to be made on what the NPEA property is zoned if the residential subdivision section is declared invalid. If that happens, Konick maintained, it will nullify the supervisors’ action in 1976 to rezone the property, then known as the Lindgren-Noce tract, from agriculture to residential subdivision, leaving the NPEA’s' 9.05 acres with its original agricultural zoning.
When, said Konick, the court must rule if the zoning ordinance’s section on agricultural districts. Article 2, is valid. In that district, campgrounds,i seasonal camps and public buildings of all kinds are allowed with a special permit. The ordinance, however, does not define “public buildings of all kinds.’’ In addition churches are not specifically included as either a use by right or a special permitted use in an agricultural district.
- Unzoned
Jones maintained that the NPEA property will revert back to being "unzoned” if the residential subdivision district is declared invalid. “You can do anything you want with no zoning,” he
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