Godfrey v. Zoning Board of Adjustment

JOHNSON, Judge.

The issue on this appeal is whether a structure constructed after the effective date of a zoning ordinance amendment which *300was subsequently invalidated by this Court should be allowed to remain or continue as a nonconforming use. Under the facts of this case, we hold it should.

On 23 November 1980, the Union County Board of Commissioners, upon the petition of Dennis Rape, the owner at that time of the tract which is the subject of this appeal, amended its zoning ordinance to rezone the tract from R-20 to H-I, heavy industrial. Pursuant to this rezoning, Rape obtained a building…