Agenda - Planning Commission - 01/04/2000

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z.g. December 24, 1999 -- Page 5 to evaluate future renters or buyers prior to their lease or purchase. The change was a simple remedy aimed at keeping irresponsible persons from being al- lowed to operate businesses having a history of attracting persons apt to cause trouble or persons with criminal natures. A change in zoning from permitted to conditional did not disqualify a fu- ture buyer or lessor of property from operating the business in the same man- ner as the previous operator. The only difference was the.would-be purchaser must get prior approval from the planning commission to operate the business, as opposed to being able to operate the business as a matter of course without gaining such approval under a permissive use. Walters in no way was deprived of the use and enjoyment of his property, nor was he denied the economic benefits of his land. He was still able to oper- ate his businesses on the properties. Mere speculation as to the difficulty in selling or renting the properties was not a taking. Finally, there was a strong public interest in the amendment. In determin- ing the validity of zoning regulations, the public interest must be weighed against the right of the individual owner. Drug selling, gambling, loud music, assaults, and homicides all contributed to the increased crime rate in areas containing game rooms and nightclubs within residential neighborhoods. On the other hand, Walters could point to no evidence showing his property would diminish in value. Citation: Walters v. City of Greenville, Court of Appeals of Missis.sippi, No. 1998-CC-01243-COA (1999). see also: Board of Aldermen of Town of Bay Springs v. Jenkin's, 423 So. 2d 1323 (1982). see also: City of Jackson v. W.P. Bridges, Senior, 139 So. 2d 660 (1962). Communication Tower -- Can local authorities consider the quality of wireless service before issuing a permit? NEW JERSEY (11/19/99) -- AT&T and the borough of Ho-Ho-Kus entered into a lease for property on which AT&T planned to build a wireless communi- cations facility. The lease was contingent upon the company acquiring all re- quired zoning variances, special use permits, and building permits. Although the site was located in an R-2 residential zone, it was actually part of two larger lots that contained the Department of Public Works' salt storage barn and accompanying fencing, a motor vehicle fueling area, a public recycling center, and open storage for municipal equipment. The lots did not contain any residences. Two sides of the lease site bordered public roads, while a third abutted the New Jersey Transit railroad line. AT&T applied to the borough's zoning official for variances necessary to construct three buildings, a 125-foot monopole with antennae reaching as high as 127 feet, and a six-foot-high barbed wire fence. The proposed monopole would support 27 antennae in a 360-degree array. Maintenance personnel would