Agenda - Planning Commission - 09/04/2014

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August 10, 2014 I Volume 8 I Issue 15 Zoning Bulletin ment had failed to offer any evidence that it was unable to sell the Property or unable to develop the Property for any of the uses pemmitted in an RDD zone. Because there was insufficient evidence to support a conclusion of practical confiscation, the court also concluded that the Board's decision granting the variance could not be sustained. The court admonished that "[e]vidence of financial disappointment alone is an insufficient basis for varying the applica- tion of [a zoning] regulation . . . . [C]onsiderations of financial disadvan- tage —or, rather, the denial of a financial advantage —do not constitute hard- ship, unless the zoning restriction greatly decreases or practically destroys [the property's] value for any of the uses to which it could reasonably be put . .. . See also: Green Falls Associates, LLC v. Zoning Bd. of Appeals of Town of Montville, 138 Conn, App. 481, 53 A.3d 273 (2012). See also: Vine v. Zoning Bd. of Appeals of Town of North Branford, 281 Conn. 553, 916 A.2d 5 (2007). See also: Dolan v. Zoning Bd. of Appeals of Town of Fairfield, 156 Conn. 426, 242 A.2d 713 (1968). Zoning. News from Around the Nation NEW YORK As detailed in a case summary in this bulletin, New York's highest court ruled that towns can use zoning ordinances to ban hydraulic fracturing, the controversial extraction method known as fracking. Source: The New York Times; www.nvtimes.com NORTH CAROLINA A state House's Regulatory Reform committee has passed a bill that would end zoning protest petitions "Current law allows residents to submit protest petitions against rezonings. In Charlotte, that triggers the need for approval by a super -majority of the City Council and mayor. Without a petition, a rezoning needs a council majority to be approved." Source: The State; www.thestate.com VIRGINIA On July 1, the "2014 Boneta Bill" became the law in Virginia. Under the law, customary activities at agricultural operations are now protected "from lo- cal bans in the absence of substantial impacts on the public welfare." The bill also requires that a local ordinance that restricts certain listed activities, includ- ing agrotourism and the sale of agricultural products, be based in health, safety, or public welfare for a local ordinance that restricts a list of activities. Further, the bill prohibits localities from subjecting those listed activities to a special - use permit requirement. S ource: Star Exponent; www.dailvnroeress.com 12 © 2014 Thomson Reuters