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Agenda - Planning Commission - 01/06/2011
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Agenda - Planning Commission - 01/06/2011
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Agenda
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Planning Commission
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01/06/2011
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Zoning Bulletin November 10, 20101 Volume 41 No. 21 <br />deed restriction on the use of the Property for sexually oriented <br />businesses. The appellate court held that such a restriction could <br />not be placed on the Property. "This extraordinary impairment <br />of the [P]roperty's title [was] not authorized by [§ 2C:34 -7] or by <br />the Borough's zoning laws." Also, the trial court had not cited any <br />other supporting authority. <br />Case Note: The Borough had insisted that the Internet was an al- <br />ternative forum or site for Club 35 to conduct its sexually orient- <br />ed .business. The trial court refused to consider the Internet as an <br />"alternative site." The appellate court agreed, noting that "the live <br />nude dancing experience offered by Club 35 [could] not be com- <br />pletely replicated in cyberspace." <br />Zoning News from Around the Nation <br />MARYLAND <br />The Baltimore County Council recently passed a bill which changes <br />zoning regulations to allow wind speed indicators in rural conservation <br />zones. The instrument is used to determine wind speed in areas being <br />considered for wind turbine construction. <br />Source: Carroll County Times; www.carrollcountvtimes.com <br />The Prince George's County Council is reportedly "considering a <br />bill that would allow developers to dramatically increase the number <br />of townhouses in new projects without resubmitting their overall plans <br />to zoning officials." Among other things, the proposed bill would "al- <br />ter the description of multifamily dwellings to include townhouses, <br />as well as apartments." Also under the bill, developers could ask the <br />Council for "permission to change the number of townhouses in a <br />project without redoing the entire process." <br />Source: The Washington Post; www.washingtonpost.com <br />MASSACHUSETTS <br />The state legislature is considering the proposed "Comprehensive <br />Land Use Reform and Partnership Act (CLURPA)." The Act, which <br />recently made its way out of committee, reportedly "puts fewer re- <br />straints, in many ways, on developers, and more on cities and towns." <br />The Act proposes eliminating six sections of Chapter 40A, the Zon- <br />ing Act. The Act now awaits further action in the Legislature. Among <br />other,things, the Act would mandate the creation of affordable units in <br />© 2010 Thomson Reuters 11 <br />35 <br />
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