Agenda - Planning Commission - 04/06/1999

Home

Z.B. March 10, 1999 Page 7 began housing racing pigeons in it. The township cited Lex for violating the zoning ordinance. It got an enforcement order for Lex to remove the pigeons. Lex appealed the order to the zoning hearing board. He argued housing racing pigeons was a permitted use in the district and that a state law super- ceded zoning regulations. According to Lex, the law mandated the issuance of a pigeon permit. In arguing state law superceded the zoning ordinance, Lex pointed to a case with similar facts where the court found issuance of a pigeon permit was mandatory if the landowner met the criteria identified in the law. The Legislature specifically addressed the outcome of this case, however, by amending the law so that conformance with local zoning ordinances was a requirement for a permit. The board dismissed Lex's appeal. It found keeping the pigeons wasn't permitted in the district, but didn't address whether state law superceded the zoning ordinance. Lex appealed to court, but the court affirmed. He appealed again. DECISION: Affirmed. Housing pigeons wasn't a permitted use in the district. The law Lex claimed mandated a pen'nit had been ainended. The raising or housing of pigeons was clearly not among the specified per- mitted uses in the district. Even interpreting the ordinance in the least restric- ' tire manner, the use was not permitted. The law required compliance withlocal zoning ordinances before a permit was issued. The law had been specifically amended to prohibit what Lex be- lieved he was entitled to, i.e., maintaining a pigeon coop in violation of the zoning ordinance. see also: Kossman v. Zoning Hearing Board of the Borough of Green Tree, 597 A.2d 1274 (1991). see also: Printz v. Springfield Township, 55 Del. Co. 344 (]968). Enforcement-- Can owner skip appeals process and ask for court order? Citation: TWK, LLC v. Meriden Zoning Board of Appeals, Superior Court of Connecticut, Judicial District of New Haven, at New Haven, No. CV 97400324S (1999) TWK, LLC owned property in the town of Meriden, Conn. In 1987, the previous owner had applied to the town zoning appeals board for a special exception to build a multifamily condo complex in a commercial zone. The board granted the exception, but the previous owner never recorded the special exception in the town's land records. After a lawsuit challenging the special exception was resolved, construc- tion proceeded on the condos until about 50 units were completed. TWK bought the property in 1994. The following year, it decided to com- plete, the project because of an increase in demand for rental units. TWK then