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<br />Page 6 - August 2S, 2004
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<br />Z.B.
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<br />ordinary meaning of '.service" was ;'the providing. .. of accommodation and
<br />activities required by the public."
<br />The pavilion was to be used in connection with the camp's business of
<br />providing overweight children a program for weight loss and health improve-
<br />ment. including aquacic and I,vater Sports.
<br />To the extent the camp's operations fell within the definition or "service,"
<br />it could not be said the board's conclusion the pavilion was a permined use
<br />was unreasonable or irrationaL
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<br />see also: O'Donnetl v. Town afSchoharie, 291 A.D.2d 739 (2002).
<br />
<br />see also: Brighwn Residems Againsr Violence [0 Children v. iYlW Properries,
<br />304 /i.D.2d 53 (2003).
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<br />Nonconforming Use - County finds race car hobby not vaJjd
<br />nonconforming use
<br />
<br />Rules property is merely being llsed Jor the storage of junk
<br />
<br />Ciuztion: Orange CounTy v. Buder, Court of Appeal oj Florida, 5(h Dist.,
<br />No. 5D04-773 (2004)
<br />
<br />FLORIDA (07/02/04) - The Orange County Code Enforcement Board found
<br />Bmler in violation or the county code, concluding "creating a junkyard, exten-
<br />sive auto repairs, and open/outside storage of junk, auto pans, trash, debris,
<br />and tires was not permitted in residentially zoned areas." It ordered her to
<br />undertake remediarion.
<br />In an effort co comply with the order, Butler filed an application for a
<br />nonconforming LIse, claiming her property had been utilized as a hobby shop
<br />since 1953 for the purpose of repairing racecars owned by her husband and
<br />sons.
<br />The cOLlmy's zoning manager denied Butler's request. He found there W:lS
<br />insufficient evidence the property had been continuously used for racing ac-
<br />tivities and the dominam use of the property was for the storage of junk.'
<br />Butler appealed to the board of zoning adjustment. The board upheld the
<br />zoning manager's determination because the "outdoor/open storage of junk,
<br />tires, automobile pans, debris, aod other similar waste materials was oot a
<br />legal QonCOOfornllng use for the properlY."
<br />Emler sued. and the COllrt ruied in her favor.
<br />The county J.ppealed. arguing its decision was kgal and based on compe-
<br />
<br />',~r' . ,
<br />tern :loa SUU1Clem t'ilClence.
<br />
<br />DECISION: Reversed,
<br />
<br />Tbe ccun[y's declsloo shouil~ have be::;[l upheld.
<br />
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<br />,LC h...~G (; ,yot:) >_yle,,- .,Vlll '-/lLeDC,-)upporung Li e 00<r",:, ,-,-,nClU:)L( n
<br />
<br />Buder ';V~1S using iie:' propeEY JS J junkYJ.rc! t'or the "outdoor/open sror:.lge of
<br />junk. Lires. llltO Lob tlc pJ.fTS. je br~s, lnd <.Jcher slrrular ,;V;Jste QlaCe: rIals, ..
<br />
<br />102
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