Agenda - Planning Commission - 08/07/2008

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'------"" " July 10, 20081 Volume 21 No. 13 Section 14-291 of the town's Sexually Oriented Business Ordinance (the Ordinance) provided that: "No. sexually ariented businesses shall be permitted on a site that is less than 250 feet from any residentially zaned land as defined in the tawn zoning regulatians." Section 14-242 of the Ordinance defined "sexually oriented business" as including an "adult ariented stare." The tawn cauncil, rather than the tawn's planning and zoning , commissian (Pzq, had enacted the Ordinance. The tawn denied VIP's applicatian, finding the praposed business was: (1) a sexually ariented business; and (2) to. be lacated within 250 feet af a residential zone. VIP eventually braught an actian against the town in superior caurt. VIP claimed that the adaptian o.f S 14-291'slbcatianal restric- tians was an act beyand the pawers af the town cauncil since it can- stituted zaning, over which the PZC retained exclusive autharity. VIP argued that the loeatianal restrictians were therefore unenfarceable. The tawn argued that the Ordinance's lacatianal restrictians rep- resented a legitimate exercise af municipal palice pawer. It further ar- gued that the tawn cauncil and the PZC retained cancurrent jurisdic- tian over the regulatian af the placement af adult uses. VIP and the tawn each filed a matian far summary judgment. They each asked the caurt to. find that there were no. material issues af fad and to. find in their favar an law alane. The superiar caurt faund far the tawn. VIP appealed. DECISION: Affirmed. The Supreme Caurt af Cannecticut agreed with the superiar caurt and the tawn's arguments. It held that the statutary pawer af the tawn's PZC-to regulate the lacatian and use af buildings and land in taWJ:?-was not exclusive. The caUrt cancluded that the tawn council, pursuant to. the tawn's statutary regulatary and' police pawers with respect to buildings in tawn, cauld enact an ardinance impasing laca- tianal restrictians far sexually-oriented businesses in residential zones in tawn. In sa cancluding, the caurt adapted the superior court's "can- cise and well reasaned decisian." The caurt said that municipalities in Cannecticut cauld exercise zoning power either by adapting the pravisianll af chapter 124 af the Cannecticut General Statutes (CGS), ar by enacting a municipal charter autharized by a special act af the iegislature. Within Chapter 124, the caurt nated that S 8-2 autho- rized zaning commissians to "regulate the lacation and use af build- ings...." and S 8-3 cancerned the establishment and changing af zon- @ 2008 Thomson ReuterslWest 3 39