Agenda - Planning Commission - 11/12/2015

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September 25, 2015 1 Volume 9 1 Issue 18 Zoning Bulletin Case Note: In its decision, the court noted that in exceptional cases a board can be ordered to grant a special permit—such as where the board fails to provide an adequate statement of its reasons for denying the special permits and commits numerous errors of law in the process, or where the board's findings are in- adequate and amount to "little more than a mere recitation of the statutory and by-law standards," or where the board fails to apply its own standards "rationally." Here, however, the court did not consider this case to be one of those exceptional cases where the ZBA could be ordered to grant the special permit. Zoning News from Around the Nation LOUISIANA The New Orleans City Council was expected to look at a proposed zoning law amendment that would change the definition of a "standard restaurant," deleting a current requirement that says alcoholic drink sales must be "incidental" to the serving of food. Supporters of the proposed amendment say it would appease restaurant concerns about being forced to keep kitchens open when their bars are serving alcohol or closing up shop all together, when food is not being served. Op- ponents worry it will "open the door for restaurants to morph into more bars." Source: 4 WWL; www.wwltv.coin NEW YORK Under language inserted in the state budget passed in July, counties are now prohibited from keeping shoreland zoning ordinances that are "more stringent than the looser state rules." Source: News Watch 12; www.wjfw.com RHODE ISLAND Bristol Town Council Chairman Nathan Calouro is proposing changes to the town's zoning regulations to limit where recreational marijuana stores and cultivation centers may open. Calouro is also proposing special use permits that require a public hearing. Medical marijuana has been legal in Rhode Island since 2006. Source: Portland Press Herald; www.pressherald.com 12 © 2015 Thomson Reuters