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you want to hoar what the law is?"
Under the town’s ordinance, he said, the only uses permitted in village residential zones are single family dwellings and home occupations. With a special use permit, two-family residences, public utilities and the keeping of dogs is also allowed. “So offices are not allowed at all,” Mr. Reynolds told the council.
"If you can interpret that he already had an office building at the time the ordinance is adopted, then he can continue to have an office building, and if you can interpret that he already had apartments at the time the ordinance was adopted, then he can continue to have apartments, but you do not have the power under vour ordinance to give him a special use permit for an office or an apartment,” the attorney advised the council.
Mr. Giles told the council that he had checked with John McCarthy, the county’s zoning administrator, who also serves in that capacity for the town. He said, Mr. Giles relayed, that he would be guided in his decision by the interpretation and recommendation of the Town Council.
That is true, Mr. Reynolds replied, but added that Mr. McCarthy must also consider the legality of the proposed use before issuing a building permit. If the permit is denied, Mr. Giles may appeal the decision first to the town s Board of Zoning Appeals and then to the courts. If the decision is overturned, and a permit is granted, any residents who object to the decision may also seek relief through the same process, Mr. Reynolds explained.
He cautioned, however, “it’s not the function of the Town Council to overrule the zoning administrator."
Needs and promises
Council member Nan Thomasson called the town’s need for rental housing and apartments, "critical.”
“Not only that,” added council member Evelyn Willis, “but this council made Skippy a promise and we need to honor that . . . The town would miss your store a lot, but we do need apartments badly.”
To those promises made when Mr. Giles was denied the mixed-use designation he had requested, Mr. Reynolds said, “We told Skippy ‘You can continue what you are doipg,’ (but) I don't think anyone told him, ‘You can make the Cash Store into an office building or you can
See REZONING, p. 14
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