Agenda - Planning Commission - 05/02/1995

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April 1995 --Page 3 procedure,i DECISIOn: Reversed and returned to the lower court. BecauSe Mallard House failed to apply for special use approval, the lower court shou!d not have ordered the village to stop enforcing its zoning laws. The case was s~nt back to the lower court with an order to dismiss it. However, the case could~be filed again at an appropriate time. Mallar}t House should have applied for special use approval. While a pub- lic hearinglmight stigmatize the residents, they did not have to attend the meet- ing. The ppblic had an interest an whether Mallard House operated m the vil- lage. Mallard House's interests did not outweigh the village's interest in apply- ing its laws. ' The sp ;cial use application procedure did not discriminate against handi- capped pc{ >lc. All special use applications in the village required public hear- ings, and tlaere was no evidence the village discriminated by these procedures. In fact, th~ village had a good track record in making, accommodations for handicapl~ d people, including recovering addicts. Oxfort 'House - C v. City of St. Lo'uis,' 843 F. Supp. 1556 (1994). Oxfor:~ House Inc. v. City of'Virginia Beach, 825 F..Supp. 1251 (1993). Nonconforming Use. · Landownei' Wants to Start Pig Farming Again Villariiv: Zoning Board of Adjustment of Deptford, 649 A.2d 98 (New ~ersey) 1994 Villari!owned 20 acres of land in a residential zone of Deptford Township, N.J. From ~round 1930, his family ran a pig farm on the land. In 1967, the town passed a z~ning ordinance that allowed the "keeping of pigs" Only on lots larger th'an 50 ac~es..Since th~ family had a pig farm before the zoning change, it was a Preexisting nonconforming use. Somet!me after the zoning change,. Villari stopped'pig farming for at least seven yea~s and let the fence enclosing the pigs' area deteriorate. He said he stopped pig farming for economic reasons, but had every intention of pig farm- ing again, i'~ .. · · · · ' '. After ~suming pig farming, Villari aPplied for a permit to rebUild the pigs' fence. Th~ zoning officer denied the application. At the Zoning Board of Adjustment's hearing on Villari's appeal, several neighbors opposed his appli- cation an~claimed there had been no pig farming on the property.for at least 15 years. Th~ board 'affirmed the zoning officer's decision because Villari aban- doned the!nonconforming use and structure: It found that Villari's failure to maintain t~he fence strongly.suggested that he abandoned his interest in raising pigs and ~ogs there. ' Villari!sued the board, claiming it acted arbitrarily and violated New Jersey's Right to F~rm Act by denying his permit. The court reversed the board's deci- sion, saying Villari did not intend to stop pig farming. The b~ard appealed. DECISIO~N: Reversed, board's decision reinstated.