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February 10, 2015 1 Volume 9 1 Issue 3 Zoning Bulletin <br />Zoning News from Around the <br />Nation <br />CONNECTICUT <br />Norwalk's Common Council's Ordinance Committee is "working to <br />put some teeth into the enforcement of Norwalk's zoning regulations." A <br />proposed Zoning Citation Ordinance aims to "establish a local means of <br />addressing violation rather than relying solely upon State Superior Court." <br />Currently, Norwalk's Department of Planning and Zoning has the ability <br />to pursue compliance through the courts and seek fines as prescribed under <br />state statutes. Under the proposal, Norwalk "would be able to issue cita- <br />tions, meaning daily fines for zoning violations versus a zoning enforce- <br />ment action in court." Citations would impose an initial fine of $150 and <br />an additional fine of $150 per day after five days had passed. The recipient <br />of the violation would have 10 days to make an "uncontested payment" of <br />the fine, or to request a hearing. <br />Source: The Hour; www.thehour.com <br />MASSACHUSETTS <br />A Massachusetts superior court has heard arguments in a chicken zon- <br />ing case. The case addresses the issues of: whether any accessory use not <br />listed in a bylaw must be prohibited; and whether chickens meet the town <br />bylaw's three -pronged test for allowable accessory uses (i.e., must be sub- <br />ordinate to the primary use, reasonably -related to the primary use, and <br />customary within the zone). S <br />Source: The Republican; www.masslive.coin <br />PENNSYLVANIA <br />Four Pulaski residents are challenging the constitutionality of the town- <br />ship zoning ordinance. The residents claim that the township's zoning <br />ordinance "fails to protect residential property owners from having to live <br />near heavy industry." More specifically, they object to the township's <br />2002 zoning ordinance that allows hydraulic fracturing as a "conditional <br />use" in a residential area. The residents argue that the ordinance violates <br />the Pennsylvania constitution "because the zoning ordinance deprives <br />residents `of their constitutionally guaranteed right to enjoyment of private <br />property without due process of law.' " They maintain that oil and gas <br />drilling via hydraulic fracturing is not compatible or safe in a residential <br />zone. <br />Source: New Castle News; www.ncnewsonline.com <br />12 © 2015 Thomson Reuters <br />