Agenda - Planning Commission - 01/04/2018

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Zoning Bulletin December 25, 2017 I Volume 11 I Issue 24 icate of occupancy —which did not occur here when the previous CUP expired. Substantial evidence showed that, upon expiration of the previous CUP, the occupancy was not converted from B occupancy (commercial) back to R3 (residential); the occupancy was and remained "B." Third, the court rejected Harrington's claims that the CUP contemplated alterations to the Property that triggered the Building Code's accessible park- ing requirements, finding that Harrington had waived that argument by failing to raise it at the administrative level and exhaust his administrative remedies. Fourth, addressing Harrington's claims that the City Council failed to make sufficient findings to support the conclusion that compliance with accessible parking requirements would be technically infeasible, the court found that the City Council properly made no technical infeasibility findings with regard to parking at the Property because "there was no attempt to rely on the technical infeasibility exemption," in light of the determination that accessible parking was not required. Finally, the court concluded that, contrary to Harrington's claims, the CUP did not conflict with the City Municipal Code's required protection of the "residential character" of an R-3 district because the City Council had found that LeBlanc's proposed professional office use was "of the same general character as the other conditional and general permitted uses within the [R- 3-M zoning district]." Zoning News from Around the Nation MARYLAND The Prince George's County Council has approved zoning to allow a marijuana dispensary to operate in the county, "permitting it to open 300 feet or farther from residential properties and at least 500 feet from schools, day care centers and parks." Source: The Washington Informer; http://washingtoninformer.com OHIO The Cleveland Council recently adopted zoning legislation "that allows state -licensed medical marijuana cultivators, processors, retail dispensaries and testing laboratories to operate in certain zones in the city." Reportedly, the city legislation includes state restrictions such as limiting operations' proximi- ties to within 500 feet of schools, parks, churches, and libraries. Source: News 5 Cleveland; wwwnews5cleveland.com WISCONSIN State legislatures passed a property rights bill —the "Homeowners Bill of Rights" —which was headed to Governor Scott Walker's desk for signature. The bill reportedly is a response to the United States Supreme Court decision © 2017 Thomson Reuters 11