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March 25, 2014 I Volume 8 I Issue 6 Zoning Bulletin <br />As to the Briggs' argument that the ZBA decision constituted unrea- <br />sonable regulation and prohibition on solar systems in violation of G.L. <br />c. 40A, § 3, the court found that the ZBA's prohibition on large scale <br />commercial solar fauns in residential districts appeared to be "rational." <br />Thus, if the ZBA could justify a finding that a solar energy farm was <br />"light manufacturing" under the Bylaws, the court would find that the <br />ZBA decision —maintaining a division between commercial solar energy <br />systems and residential accessory solar energy uses —was reasonable and <br />did not violate G.L. c. 40A, § 3. <br />Uses —City approves commercial <br />trucking operation as home <br />occupation secondary to main <br />residential use <br />Adjacent property owner challenges city's <br />approval <br />Citation: Stevens v. City of Island City, 2014 WL 465294 (Or. Ct. App. <br />2014) <br />OREGON (02/05/14)—This case addressed the issue of whether evi- <br />dence was sufficient to support a land use board of appeals' finding that a <br />proposed home -occupation use of a commercial trucking operation was <br />secondary to the main residential use of the property. <br />The Background/Facts: Jon Fregulia ("Fregulia") owned a four -acre <br />parcel (the "Property") in the city of Island City (the "City"). The Prop- <br />erty was zoned "Low Density Residential" ("R-E"), as were the sur- <br />rounding properties. The Property was developed with a single-family <br />dwelling and a 4,500-square-foot workshop. <br />Fregulia owned a commercial trucking operation consisting, of six <br />semi -trucks along with a number of trailers. Since 2008, Fregulia had <br />operated his commercial trucking operation from the Property without <br />obtaining a home occupation permit. In- "response to neighbors' com- <br />plaints, Fregulia eventually applied for a home occupation permit. <br />In his home occupation permit application, Fregulia proposed to oper- <br />ate the commercial trucking business from a 600-square-foot space in the <br />4,500-square-foot workshop, and to engage one nonfamily member em- <br />ployee to maintain and repair his trucks within that space. <br />On March 5, 2013, the City council voted to approve Fregulia's ap- <br />plication with conditions. Among others, the conditions: limited the use <br />of the workshop to 600 square feet, for maintenance of Fregulia's trucks; <br />6 © 2014 Thomson Reuters <br />