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County attorney cites historical maps, ordinance language and past adjudication to justify limit
Summary
Hanover County deputy attorney Rebecca Randolph presented historical maps, state permit records and county ordinance sections to support the zoning administrator's finding that the mine's legally nonconforming footprint is limited to 53.25 acres and that local review is required for any expansion.
Rebecca Randolph, deputy county attorney, summarized the county's position that the zoning administrator's determination should be upheld. Randolph said the determination relied on historical USGS maps, a 1990s court finding confirming a grandfathered borrow-pit use, and state permit records; she emphasized the county's ordinance language that a nonconforming use "may not be expanded, enlarged or extended".
"When the use of a property is considered a nonconforming use, that does not extend to the property as a whole," Randolph said, quoting Section 26-7.g of the Hanover County Zoning Ordinance. She told the board that while state permits and aerial photos can be helpful, they are not proof of continuous activity unless verified, and that the conditional use permit process gives the county an avenue to address neighborhood impacts if the operator seeks enlargement.
Randolph concluded that if the board finds the zoning administrator's interpretation reasonable, the compliance letter should be upheld and the appeal denied.
