Agenda - Planning Commission - 03/02/1999

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Page 2 --January 25, 1999 Z.B. Noise Is noise control ordinance 'land use' regulation? Citation: City of Sarasota v. 35 S. Lemon Inc., Court ..o. f Appeal of Florida, 2nd Dist., No. 97-05428 (1998) 35 S. Lemon Inc. (Lemon) owned a restauraa{/ni~gti~'Club in Sarasota, Fla. In 1997, the city adopted a noise ordinance regulating "unreasonable noise," which included amplified music. Amplified music was allowed only if the owner first got a permit from the zoning department. " The city cited Lemon for several noise ordinance violations, apparently for playing amplified music in its nightclub without a permit. Lemon sued the city, asking the court to declare the noise ordinance in- valid. According to Lemon, the city failed to follow the proper procedure for passing the ordinance because the city planning agency never reviewed the ordinance. State law required the local planning agency to review all local "land development regulations," defined as "the making of any material change in use of or appearance of any structure or land." The court held the noise ordinance was invalid and prohibited the city from enforcing it. The city appealed... DECISION: Reversed; and returned to the trial court. The noise ordinance was valid. The noise ordinance attempted to regulate conduct, not land use, so the .planning agency didn't have to review it. Lemon was still able to operate a restaurant and nightclub -- it simply had to comply with the city's new noise requirements. Ordinances that regulated conduct, not how property could be used, weren't "land use regulations" -- and therefore weren't subject to the procedures for drafting land use regulations. see also: Lee County v. Lippi, 693 So.2d 686 (1997). see also: T.I.R. Holding Co. Inc. v. Alachua County, 617 So.2d 798 (1993). Code Violation City cites owner for overgrown grass and junk on property Citation: Adams v. State, Court of Appeals of Arkansas, Div. l, No. CACR 98-271 (J998) Adams owned several parcels of land in Little Rock, Ark. All were zoned C-3, which allowed small retail-style shops. In August 1995, the city notified Adams one of his lots violated the zoning ordinance. Specifically, it claimed he let his grass and weeds grow more than 10 inches; accumulated refuse, ' rubbish, and debris in an unsightly manner; used the property to store junk and inoperable autos for more than 30 days; let water accumulate in stagnant pools, attracting insects; used his property for dumping household, commercial, industrial, and building waste; and impeded public rights-of-way by allowing excess growth of trees, shrubs, and bushes. The city also notified Adams another lot violated the zoning ordinance because