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Madison BZA denies appeal that would have allowed completion of 1973 mobile‑home plan; limit stays at 26 sites
Summary
The Madison Board of Zoning Appeals denied an appeal seeking to treat a 1973 recorded site plan as vesting rights to complete an 87‑site mobile home park, leaving the property limited to the existing 26 sites after board and public concern about timing and neighborhood impacts.
The Madison Board of Zoning Appeals denied an appeal that sought to treat a 1973 recorded site plan as creating vested rights to complete an 87‑site mobile home park and left the property limited to the existing 26 mobile‑home sites.
At the hearing, Alan Nichols, the county zoning administrator, said his determination relied on local and state rules for nonconforming uses and vested rights. Nichols told the board a mobile‑home park is now a nonconforming use in the applicable zone and quoted local Article 13 provisions that prevent enlargement of nonperforming uses: "a nonperforming use may continue to exist, may not be enlarged or expanded,"…
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