special permit uses for an agricultural zone)," Kramer replied.

special permit uses for an agricultural zone)," Kramer replied.

Zoning administrator David Konick agreed that the BZA didn’t have to pass on anything but the new school use since the rest of the activities listed on the permit application were going on prior to adoption of the zoning ordinance and thus already allowed as nonconforming uses.

In reply to Mrs. Donald's objections. Konick noted that the permit application applies only to the church property and not to the campground site further up the roadt noting that the camp is owned by a different organization from the group seeking the church school.

He pointed out that a court order settling a legal battle over the campground limited its use to 15 days per year and promised to enforce strictly the provisions of that court-ordered settlement.

Re-emphasizing that Massanova Christian Academy will comply with all health department regulations on sewage disposal, Sickels noted that adjoining landowner James Massie has indicated he may be willing to grant the church an easement to provide the necessary land for enlargement of the church’s septic drain field.

Permits First "There is evidence that you did move in ahead of getting the necessary permits,’’ Kramer said. “I want to ensure this doesn’t happen again.”

The start of school at Massanova without a special use permit was not “a frivolous disregard of county law," Sickels countered, noting the on-going discussions at the time with the zoning administrator and commonwealth's attorney.

"What constitutes a church was the central issue," he said, adding that the term "church” is not defined in the zoning ordinance.

Bird noted that if health department regulations aren’t satisfied, the school will have to close.

Kramer added that activities covered in any special