Posted On: 11/07/2014 7:17:22 PM
Post# of 56324
It is not double talk at all captain. The company did apply for the zoning amendment application last July and was referenced in the September 23 town hall meeting as being deficient therefore it was not considered.
All I am saying is parallel to what the town is saying in that zoning amendments will have to be applied for. Again, lawful nonconforming does not replace preexisting regulations, it protects acquired rights and as lawdogs stated, prevent a legal gas station from becoming illegal because it was rezoned. The companies stated intent might be enough to win the day in court under lawful nonconforming but it does not replace the existing regulations on a challenge.
But first things first, they must be given the license by HC. Without that, nothing happens.
All I am saying is parallel to what the town is saying in that zoning amendments will have to be applied for. Again, lawful nonconforming does not replace preexisting regulations, it protects acquired rights and as lawdogs stated, prevent a legal gas station from becoming illegal because it was rezoned. The companies stated intent might be enough to win the day in court under lawful nonconforming but it does not replace the existing regulations on a challenge.
But first things first, they must be given the license by HC. Without that, nothing happens.


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