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Zoning Bulletin March 10, 20121 Volume 61 No. 5 <br />'Thus, pursuant to the statute, a variance was required to waive re- <br />quirements limiting the height of buildings. <br />In comparison, noted the court, a CUP concerns the proposed use of <br />property, not the waiver of zoning ordinance requirements such as the <br />maximum height of buildings. If a proposed use is not conditionally per- <br />mitted in an ordinance, it is not eligible for a CUP. The waiver of a zoning <br />ordinance restriction is not a proposed use of property, noted the court. <br />The court concluded that: to the extent the City's ordinance allowed <br />waiver of the height limitations by a CUP, it violated LLUPA, and was <br />therefore void. <br />The court concluded that because Burns could not obtain a waiver of <br />the height restriction by a CUP, the County did not err in denying the CUP. <br />See also: Gardiner v. Boundary County Bd. of Com'rs, 148 Idaho 764, <br />229 P.3d 369 (2010). <br />Case Note: The court found the failure of the County to raise the <br />variance requirement until two years after the CUP application was <br />submitted to it did not authorize the waiver of the height restriction <br />by a CUP. The County had no authority to waive the requirements <br />of Idaho Code % 67-6516, nor did the district court. <br />Zoning News from Around the Nation <br />MARYLAND <br />A measure was recently introduced in the state Senate that "would al- <br />low table games like blackjack at casinos and make it possible to build a <br />casino in Prince George's County." Currently, Maryland only allows slot <br />machines at casinos. "The bill ... would put both the table games com- <br />ponent of the legislation and the provision allowing a sixth casino in the <br />state before voters in November." <br />Source: CBS News; httb:I/www.cbsnews.com <br />MASSACHUSETTS <br />The state's House of Representatives recently passed a bill that allows <br />"all capped municipal landfills to serve as sites for solar projects, even <br />if previous state capping grants had restricted their future use to recre- <br />ational purposes." <br />Source: GazetteNet; http://www.eazettenet.com <br />© 2012 Thomson Reuters 11 <br />