1983

Board of Zoning Appeals of Spotsylvania County v. McCalley

Supreme Court of Virginia

225 Va. 196, 300 S.E.2d 790

In 1973, County adopted a zoning ordinance which allowed any lawful nonconforming use at that time to remain, only so long as the that existing use continued. Use at that time was an automobile body repair shop, which ended in 1974. McCalley began using the property in 1978 as a metal forge and machine shop. Board held this was not the same use as existed in 1973, and was not exempt from the application of the ordinance. The circuit court overturned that determination, which was reversed by the Supreme Court with final judgment. Where the character of a nonconforming use changes, the owner no longer enjoys the exemption which protected the then existing use.

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