Agenda - Planning Commission - 06/06/2013

Home

Zoning Bulletin April 25, 2013 I Volume 7 1 Issue 8 improper conduct in exceeding the limitations of the zoning permit that had been issued to him. The court rejected Motley's contentions that the stop work order should be overturned based on: "equitable estoppel" or "relative hardship." Here, found the court, Motley was not in a situation where he had reasonably relied on the ZO's express permission to do something. Rather, Motley had exceeded the scope of this zoning approval and created the very problem from which he was seeking to extract himself. The root of Motley's loss was Motley's actions in ignoring the limitations of the zoning approval and in failing to consult with the proper local officials when it appeared that more of the Building needed to be removed. See also: Lacey Tp. v. Mahr, 119 N.J. Super. 135, 290A.2d 450, 57A.L.R.3d 415 (App. Div. 1972). See also: Krul v. Board of Adjustment of City of Bayonne, 122 N.J. Super. 18, 298 A.2d 308 (Law Div. 1972), aff'd, 126 N.J. Super. 150, 313 A.2d 220 (App. Div. 1973). See also: Hill v. Board of Adjustment of Borough of Eatontown, 122 N.J. Super. 156, 299 A.2d 737 (App. Div. 1972). Case Note: In its decision, the court noted the concern that the limitations on reconstruction that are set forth in N.J.S.A. 40:55D-68 "may sometimes lead to harsh outcomes for own- ers of nonconforming structures who innocently come to learn that their buildings must be demolished. " However, the court found that policy concern, "to the extent it has any validity," is best reserved for a potential legislative response, either through statutory amendments or through the adoption of municipal ordinances within the powers delegated to local governing bodies. Still, noted the courts, it is the prerogative of municipalities to ensure that such nonconformities eventually "wither and die." "Accordingly, if an owner such as [Motley] allows his nonconforming building to degrade into a poor condition that requires a complete destruction of the building, the municipality should be permitted to terminate that use and require conformity," said the court. onin ews from Around the Nation MASSACHUSETTS State Attorney General Martha Coakley has rejected a zoning bylaw of the Town of Reading, which would have banned marijuana dispensaries. The at- torney general told the town clerk that the blanket ban on dispensaries would "frustrate the purpose" of the state ballot question approved by voters last fall legalizing marijuana for medicinal purposes in Massachusetts. The attorney general's office did reportedly conclude that municipalities could adopt zoning by-laws to regulate the location of marijuana treatment centers within towns and could adopt zoning by-laws to regulate treatment centers or enact temporary bans. © 2013 Thomson Reuters 11