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Z.B. December 10, 2004 -- Page 3 <br /> <br /> CONNECTICUT (10/19/04) -- Biber operated Strawberry Park, a "recreation <br /> campground," under a special permit. <br /> Strawberry Park offered a full range of recreational and entertainment activi- <br />ties. Additionally, several times a 7ear, Strawberry Park held a music festival. <br />Although the majority of festival tickets were sold to campers, tickets were also <br />sold to the general public. <br /> Neighboring property owners sued, arguing Strawberry Park was violating <br />the zoning regulations by holding the music festivals. The court ruled in the <br />property owners' favor. <br /> B iber subsequently appealed, claiming the music.festivals were accessory <br />uses to the use of the property as a camp~ound. <br />DECISION: Affirmed. <br /> The sale of music festival tickets to members of the general public consti- <br />tuted a violation of the zoning regulatiohs. <br /> The zoning regulation allowed for accessory uses of the camp~ound, such <br />as operating a grocery store, swimming pool, and golf course. Music festivals <br />could be a proper accessory use provided they were subordinate to the princi- <br />pal use of the property asa campground. <br /> However, music festivals were not a valid accessory use when members of <br />the general public were allowed to attend. Accessory uses were, by definition, <br />uses located on the same lot that were subordinate and customarily incidental <br />to the principal use. <br /> Attendance by members of the general public at music festivals was not <br />subordinate and customarily incidental to the principal use of the property, as a <br />campground. Clearly, the members of the general public who used the facility on <br />a day-to-day basis exceeded the dimensions of subordinate and incidental use. <br /> If Biber wanted to continue to conduct music festivals open to the general <br />public, he would have to apply for a special permit. <br />see also: Doyen ~. Zoning Board of Appeals, 789 A.2d 473 (2002). <br />see also: Blakeman v. Planning & Zoning Commission, 846 A.2d 950 (2004). <br /> <br />Zoning Approval -- Zoning change quickly approved for developer who made <br />township donation <br />Competing developer claims due l~rocess rights violated <br />Ci~Clm)n: Thornb~t~ Noble Ltd. v. Thornburv Township, U.S. District Court <br />~/br r/~e Eczsrern District rJf Pennsylvania, No. 99-6460 (2004) <br /> <br />PENNSYLVANIA t ll)/22/04) -- Thornbury Noble Ltd. wanted to develop a shop- <br />ping center. Although it could be built under the current zoning code, its access <br />had to be improved if the building was moved partially onto two acres of <br />adjacent residentially-zo~ied [and. Consequen.£1y. it requested a zoning change <br />t'or rh{)se two acres. <br /> F, ~r !,.,~,'~ './ears. Thornburv tried to con,~ince the [ownship to make r. he zoning <br /> <br />;Sj 200a '51Jinlan 9*Jl)lishin9 qfouD. &ny reprdauction is prohibited. For more iniorrnation please call (617) 542-0048. <br /> <br />95 <br /> <br /> <br />