Agenda - Planning Commission - 04/04/1995

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Z.B. March' 15, 1995 Page 3 · SOS.~ppealed'- ' -.:. · DECISION: Affirmed -' :' State.~aw delegated zoning powers to local legislative bodies, so changes to zoning ~rdinances were not appropriate subjects for initiative petitions. State law did n.~t give this authority to cities, counties, or towns as "corporate enti- ties.'' If t~is authority had been delegated to the corporate entities, the people could .cha,hge the zoning code through referenda or initiatives. Accessor~ Use -- Did Construction Business Repair Shop Relate to Farm Use?, .- Ientil~ Inc. v. Zoning Board of Adjustrnent of the Township 'of Colts Neck, 638 Ai2d 882 (New JerseY) 1994 .. Orgo jeased a 240-acre parcel in an area zoned for agricultural use and used it as.~ farm. In addition to farming, permitted accessory uses in the zone included ~arns, tool sheds, greenhouses, and residences. .. ' Orgo ~greed to allow Ientile, the operator of an excavation and construc- tion business, to use an 8,000 square-foot building on the farm to service and repair the ~usiness' heavy equipment. Ientile did not store the equipment in the building, ~sing it only for service and repair. Ientile did not pay money for using the l~uilding. Instead, he.allowed Orgo to use the construction equipment as needed[ for Orgo's farming operations. Occasionally, Ientile's employees worked o~ Orgo's farm equipment. When ithe Zoning Board of Adjustment told Ientile his use of Orgo's build- ing violated the zoning ordinance, Ientile argued the use was. permitted as an accessory iuse because Orgo's farm equipment was also serviced there. The board rej~ted.Ientile s arguments, and Ientile appealed. The court found for the board,land Ientile appealed again.. ~ ~ DECISION: Affirmed, in favor of the board. ." , Ientile!s'use of the building as a repair shop for a construction business was not incideptal: to Orgo's farm use, so it was not a permitted accessory use. Acces.~ory buildings are buildings customarily associated with, and'inci- dental to, ,~ lot's principal: use.,Ientile's use of.the building.did not relate to Orgo's far~ning activities..Orgo s.use of repair services and equipment was not an accessory use, it was a convenient economic arrangement. nome BuSiness- Operators .of Antique Business Challenge V!01ation Notice After Township Sues to Enforce It JohnstOn v. Upper Macungie Township, 638 A.2 d 408 (pennsylvania) i994 The Johnstons owned a home in a residential area in Upper Macungie Town- Ship, Pa. T.hey ran a business selling'boo, ks and antiques from their home. After discov~rin~ the business, the township s zoning officer told the Johnstons the business viplated the zoning ordinance, which barred home businesses in that area. The zo:~ing officer told the Johnstons they could either cloSe the business or appeal t~e decision to the zoning hearing board. They did neither. 57