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Madison BZA denies appeal that would have allowed completion of 1973 mobile‑home plan; limit stays at 26 sites
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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," and abandoned uses after a period of years lose protection. He noted it has been 53 years since the 1973 plan was recorded and said the evidence did not show diligent pursuit of the full 87‑site project.
Corey Williams, who identified himself as the appellant's representative, argued the 1973 plan should be treated as a single project of 87 sites and that the three vested‑rights prongs were satisfied: an affirmative governmental approval, good‑faith reliance and substantial expenditures. Williams said the appellant was not asking for an expansion but to "finish building" what was once approved, and cited state code provisions about commencement and completion of projects.
Residents who spoke at the hearing strongly opposed treating the map as authorization to complete the larger plan. Stacy Fox said the neighborhood roads already carry heavy traffic and described safety concerns on Resettlement Road and Little Church Lane: "The traffic is insane there. There's only one way in, only one way out." Grace Fox asked whether the board would consider infrastructure changes since 1973, including additional homes, sewage and water capacity. Cindy Johnson, a homeowner directly across from the park, urged the board to "leave it the way it is," citing wildlife and neighborhood character.
After limited board discussion that focused on the distinction between legal nonconformity and vested rights and on the long lapse of time since the 1973 approvals, a board member moved to deny the appeal and keep the property limited to the existing 26 locations. The motion was seconded and the chair announced the appeal was denied.
The board did not adopt new bylaws at the meeting; members deferred a vote on a revised bylaws draft to a future session to allow further review.
The decision leaves Nichols' original zoning determination intact. Any further legal or administrative steps (such as an appeal of the BZA decision) were not stated during the meeting.
