City of Chesapeake v. Gardner Enterprises, Inc.

In this appeal, we consider the validity of a local zoning ordinance prohibiting the construction of additional buildings or structures to support a nonconforming use. *

The facts in this appeal are not in dispute. Gardner Enterprises, Inc., t/a Greenlawn Memorial Gardens (Greenlawn), owns a 47-acre parcel of land in the City of Chesapeake. The property has been in continuous use as a cemetery since 1953. In 1969, the City adopted a zoning ordinance designating cemeteries as a conditional use in the zoning district where Greenlawn is located. This zoning restriction remains in effect under the…