2005

Patton v. City of Galax

Supreme Court of Virginia

269 Va. 219, 609 S.E.2d 41

Pattons acquired property in 1967. Second floor had always been a residential apartment. First floor was used by various shops and businesses. Soon after the Pattons acquired the property, the City enacted a comprehensive zoning ordinance which placed the property in a B-2 business general district. Apartments were not permitted on first floor of B-2 district. Pattons started renovating the first floor to make apartments in 1997. By 2001, City told them that renovations could only proceed with a conditional use permit. City moved to enjoin use as residential apartment. City Planning Commission and Board of Zoning Appeals denied Pattons conditional use permit. Trial court issued injunction. Supreme Court held that as the first floor was not used as an apartment when the B-2 district was created, it did not get grandfathered in like the continuously used second floor. Also, the right to continue a nonconforming use in one part of a building (the second floor) does not extend to the rest of it (the first floor), unless at the time of the zoning adoption, the first floor was designed for such use. As the evidence was insufficient to show this, trial court was affirmed.

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