Agenda - Planning Commission - 02/03/2011

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Zoning Bulletin August 25, 20101 Volume 41 No. 16 fit into the "common definition of a business, which is `[a] commercial enterprise carried on for profit.'" The court concluded that: "the activities taking place at [the Resi- dence] [were] a clear violation of the prohibition against operating a business in a residential zone." See also: Voyeur Dorm, L.C. v. City of Tampa, Fla., 265 F.3d 1232, 29 Media L. Rep. (BNA) 2373 (11th Cir. 2001). Case Note: In reaching this conclusion, the court first explained that the city's zoning ordinance did allow for a variety of specific home occupations in residential zones. The activities at the Resi- dence did not fall within those limited exceptions. Case Note: The city had also found Barrios and Flava Works guilty of violating an ordinance prohibiting adult entertainment in C -1 zoned property. The district court held that since the city's zoning ordinance was "designed to restrict establishments that offer adult entertainment services to the public at their physical location, that ordinance [could] not be `applied to a particular lo- cation that does not, at that location, offer adult entertainment' or services to the public." The city did not appeal that portion of the district court's decision. Zoning News from Around the Nation ALASKA The Kenai City Council is considering a proposed ordinance that would "allow residents to keep [bee] hives in neighborhoods." Cur- rently, beekeeping is considered an agricultural use that is not al- lowed in certain zoning districts. Source: Peninsula Clarion; www.peninsulaclarion.com MARYLAND The Howard County Council recently approved numerous land use - related bills. The recently passed legislation now: "enable[s] a community -loved farm stand to continue operation on Route 99 "; "permit[s] windmills on private property "; "amend[s] the coun- ty's adequate public facilities laws in downtown Columbia "; and © 2010 Thomson Reuters 11