Agenda - Planning Commission - 06/05/2014

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Zoning Bulletin April 25, 2014 ( Volume 8 1 Issue 8 In so holding, the court emphasized that the DSP Director was not entitled to create law or to interpret law. The court said its function was to interpret the law. The court then went on to interpret the Zoning Ordinance, finding the City Council's purpose in enacting the Zoning Ordinance "was to protect existing two-family dwellings." "With [that] intent in mind, and because own- ers of two-family dwellings were not put on notice of a clear deadline to apply for renovation permits," the court found that the Homeowners should have been granted a new permit in 2012. Case Note: The Homeowners had also argued that they were entitled to an extension of the permit that they were issued in 2010. The court agreed. The court acknowledged that permits issued by the DSP normally expired within six months, but also noted that the City's zoning ordinances provided for permits 'to be extended beyond their normal time pe- riod for good cause. Here, the court found that Hurricane Katrina was a "unique situ- ation that resulted in extreme delays," and that the Homeowners had "established that they made efforts towards repairing the Duplex." Given those circumstances the court found that the Homeowners were an exception to the general rule and should have been granted a permit to renovate the Duplex. Zoning News from Around the Nation ILLINOIS The Des Plaines City Council is considering zoning regulations for can- nabis dispensaries and cultivation centers. Pursuant to state rules prohibit cultivation centers and the sale of medical marijuana in certain locations. State legislation "allows municipalities to place some further zoning restrictions on the facilities." Des Plaines's proposed regulations would allow cannabis cultivation centers in M-2 districts and distribution centers as a conditional use in C-2, C-4, M-1, and M-2 zones. Source: Journal Online; www.iournal-tovics.com OHIO In late February, the Ohio Supreme Court heard a challenge brought regard- ing the power of state -level oil and gas drilling regulations to supersede local zoning laws. The case was brought by the City of Munroe Falls against Beck Energy Corp. The city argues that Beck illegally "sidestepped local ordi- nances" when it received a state -required permit from the Ohio Department of Natural Resources to drill a traditional well on private property in Munroe Falls. Beck and the state argue that Ohio's natural resources director was empowered in 2004 to regulate drilling. Munroe Falls contends that cities have the right to impose zoning restrictions as they plan their communities. A court decision is expected in a few months. Source: The Tribune; www.tribtown.com 2014 Thomson Reuters 11