City Ice Delivery Co. v. Zoning Board of Adjustment

Lewis Justice:

The question to be decided is whether the respondent is prohibited by the Charleston County Zoning Ordinance from selling gasoline in connection with the operation of a food store at 2388 Otranto Road, Charleston Heights, South Carolina.

The County of Charleston adopted a zoning ordinance on August 3, 1971, effective August 15, 1971. Respondent purchased the lot in question by deed dated August 4, 1971, approximately eleven (11) days prior to the effective date of the ordinance. The property is located in an area zoned for single-family residential use.

Admittedly, respondent…