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Commercial Extension? Luke replied that the planning commissioners' recommendation with Mills’ case involved adding on to the adjoining grocery store's existing commercial designation.
(Repeatedly, the planning commissioners and the supervisors have referred to Mills' rezoning as an extension of an existing commercial zone from the adjoining grocery store. Mills Store at Estes, however, was never zoned commercial. It was not colored in commercial on the official map when the zoning ordinance was adopted and therefore the store is a non-conforming commercial use in an agricultural zone under the so called "grandfather clause” which allows uses existing at the time the ordinance was adopted to continue. Rappahannock's commonwealth attorney Douglas Baumgardner advised the supervisors prior to their vote to rezone Mills' property that the action was not an extension of an existing commercial zone since no such zone existed.)
"We could either do it the right way or I’ll take it to a lawsuit." said Settle. "I believe in being fair. 1 don’t see how one can do it (obtain a commercial rezoning) and another can't " But he added that he'd be satisfied if he could get an inspection license and a license for a used car dealership without rezoning.
"We’re not against your operation, just the rezoning to commercial," Luke said, meeting with agreement from the other commissioners.
Appropriate Use?
Commissioner Dave Fannon questioned, however, whether a used car lot is a suitable business in an agricultural zone.
Miller agreed that a large used car lot would not be
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