Agenda - Planning Commission - 08/06/2015

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Zoning Bulletin July 10, 2015 1 Volume 9 1 Issue 13 month; and (2) all uses permitted in the R-1 district, which includes single- family detached dwelling units. Reading the language of the ordinance govern- ing uses in the R-1 district in context with the language of the ordinance governing uses in the RL district, the court agreed with the County that if the Accolas were correct that the rental of single-family detached dwelling units for periods of less than one month was a peunitted use in the R-1 district, § 4.2(B)(4) of the ordinance, permitting the rental of single-family detached dwelling units for periods of less than one month in the RL district, would be superfluous because all uses permitted in the R-1 district were already permit- ted in the RL district under § 4.2(B)(1). The court said that where possible, an ordinance must be read "to give reasonable effect to every word, in order to avoid surplusage." Consequently, the court concluded that reading § 4.1 of the ordinance (governing R-1 uses) in context with § 4.2 (governing RL uses) lead to the "inescapable conclusion that the rental of single-family detached dwelling units for periods of less than one month [was] not a permitted use in the R-1 district because a contrary interpretation would render § 4.2(B)(4) superfluous." See also: HeefRealty and Investments, LLP v. City of CedarburgBd. ofAp- peals, 2015 WI App 23, 361 Wis. 2d 185, 861 N. W.2d 797 (Ct. App. 2015). Case Note: In its decision, the court noted a recent holding it had in another case: "when an ordinance simply lists 'single-family dwellings' as a permitted use in a zoning district, without more, the ordinance does not unambiguously prohibit short-term rentals of single-family dwellings in that district." Zoning News from Around the Nation CALIFORNIA Assembly Bill 243 and Senate Bill 643—each aimed at regulating the medi- cal marijuana industry—have passed their respective chambers. Among other. things, the bills would "provide[ ] a regulatory framework for the industry covering the issues of environmental protection and water regulations, law enforcement, licensing, public health related to edibles and product testing, to marketing, labeling, taxing, transporting, zoning, local control and re -sale." Assembly Bill 243 now heads to the Senate for consideration, and Senate Bill 643 heads to the Assembly for consideration. Source: Lost Coast Outpost; http://lostcoastoutpost.com NORTH CAROLINA Senate Bill 25 was passed by the House and Senate and headed to Governor Pat McCroy for signature or veto (or passage into law if the governor takes no action within 10 days). The bill limits local design and appearance rules for single- and two-family homes. The bill impacts local requirements for certain © 2015 Thomson Reuters 11