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

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May 25, 2013 I Volume 7 1 Issue 10 Zoning Bulletin termination that neither the CUA nor the MMPA'creates a right to operate a collective medical marijuana dispensary. Case Note: The court also rejected Conejo 's assertion that Ordinance No. 10-379 was void because the City did not comply with notice and other requirements under the state statute —Government Code 65853 governing enactments and amendmentsof zoning ordinances. The court held that § 65853 was inap- plicable to Ordinance No. 10-379 because Ordinance No. 10-379 was neither a zoning ordinance nor an amendment of a zoning ordinance. (Again, Ordinance No. 10-379 required nonprofit entities to obtain annual business registration permits, banned medical dispensaries from receiving permits and from receiving compensation from the distribution of medical marijuana.) Use —School district seeks to install solar energy field as "accessory use" Zoning Hearing Board denies approval, saying proposed use is not "customarily incidental" to a school Citation: Northampton Area School Dist. v. Zoning Hearing Bd. of Tp. of Lehigh, 2013 WL 1409883 (Pa. Commw. Ct. 2013) PENNSYLVANIA (04/09/13)—This case addressed the issue of Whether a solar energy field was peiiiiitted as of right on a public school property under a local zoning ordinance that allowed solar energy units as a peiinitted accessory use in all zones "subject to the requirements of that zone." The Background/Facts: The Northampton Area School District (the "School District") owned 19 acres of land in the Agricultural/ Rural Residential ("A/RR") Zoning District of Lehigh Township (the "Township") (the "Property"). The principal use of the Property was "public education." The "Lehigh Elementary School" (the "School") was located on the Property. In October 2010, the School District and Alliance Energy Group, LLC (hereinafter, collectively, the "School District") applied to the 6 © 2013 Thomson Reuters