Agenda - Planning Commission - 01/04/2000

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Page 8 -- December 24, 1999 z.g. Language giving a definite warning when measured by common understand~ ing and practices was sufficient. Citation: Windward Marina L.L.C. v. City of Destin, Court of Appeal of Florida, First District, No. 98-4665 (1999). see also: Forsythe v. LongbOat Key Beach Erosion, 604 So. 2d 452 (1992). see also: Alachua County v. Eagle's Nest Farms Inc., 473 So. 2d 257 (1985). Commercial Use -- Was family member an employee under zoning ordinance? NEW HAMPSHIRE (11/30/99) - Sundberg operated a welding supply busi- ness from a mobile home. De Winter owned land abutting Sundberg's prop- erty. The property on which the business was located was part of a "rural/ agricultural" zoning district. However, the business was operated as a "cus- tomary home occupation," a permitted use in a rural/agricultural zoning district. The town's zoning ordinance stated a customary home occupation was a permissible use in rural/agricultural zones if the business was located within the same structure as the proprietor's residence and, employed no more than two people. The selectmen of the town sent a letter notifying Sundberg that the busi- ness no longer qualified as a customary home occupation because.it empl.oyed more than two people. Sundberg appealed to the Zoning Board of Adjustment and was twice de- nied. The board found that the business employed Sundberg, Kristin Sundberg, and an "unnamed driver." Sundberg sued, claiming Kristin Sundberg was not an employee because she did not receive a salary. The court reversed the board's decision. De Winter appealed; contending the welding-supply business did not qualify as a customary home occupation. DECISION: Reversed. Kristin Sundberg was an employee under the ordinance. There was ample support in the record for the board's finding Kristin Sundberg was an employee of the family business. Although '~employ" was not defined in the zoning ordinance, the plain meaning of the word "employ" was "to use or engage services of... also: to provide with a job that pays wages or a salary or with a means of earning a living." Because the term "employ" as used in the zoning ordinance did not require one to receive a salary, the board acted reasonably when it concluded Kristin Sundberg was an employee because she provided services to the business and was a resident of the mobile home. Citation: Sundberg v. Greenville Board of Adjustment, Supreme Court of New HamPshire, No. 9&079 (1999). see also: Brennan v. Winnipesaukee Flagship Corp., 446 A.2d 1175 (1982). 'see also: Healey v. Town of New Durham, 665 A.2d 360 (1995).