Agenda - Planning Commission - 07/18/2013 - Special

Home

June 25, 2013 I Volume 7 I Issue 12 while the MMP signaled that the state would not regard medical marijuana collectives or cooperatives as nuisances or criminal violations, "the MMP's limited provisions neither expressly or impliedly restrict or preempt the authority of individual local jurisdictions to choose otherwise for local reasons, and to prohibit collective or cooperative medical marijuana activi- ties within their own borders. A local jurisdiction may do so by declaring such conduct on local land to be a nuisance, and by providing means for its abatement." Zoning Bulletin Nonconforming Uses —Bar Owner Says Operation of Floating Bar on State-owned Lake is Outside of City's Zoning Authority City says use of property as ingress, egress, parking, and related bathroom use for patrons of bar is outside the nonconforming marina use Citation: City of Okoboji v. Parks, 2013 WL .1785992 (Iowa 2013) IOWA (04/26/13)—This case addressed the issue of whether a city can enjoin from operation uses on property within its geographic boundaries that support activities outside its geographic boundaries, as inconsistent with a preexisting nonconforming use. The Background/Facts: Historically, two marinas were located on the Lakeshore of West Lake Okoboji. In 1972, the City of Okoboji (the "City") enacted a zoning ordinance, which zoned the properties where the marinas were located as "lakeshore residential." In that zone, the only permitted principal use permitted was single-family dwellings. The City zoning ordinance further prohibited the use of property in a lakeshore residential zone as an entry point for commercial access. In 1973,.the two marinas received special -use permits that grandfa- thered in their then -existing operations as nonconfoiiuing uses under the ordinance. In 1975, the two marinas merged into a single marina known as Okoboji Boat Works. In 2001, Leo Parks, Jr. ("Parks") purchased Okoboji Boat Works. Parks sought to build a bar on the marina property that would serve on- 6 © 2013 Thomson Reuters