Agenda - Planning Commission - 04/05/2018

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February 10, 2018 I Volume 12 I Issue 3 Zoning Bulletin Accessory Use —Nursery operators are cited for illegal "industrial manufacturing" of compost in violation of zoning ordinance Nursery operators claim composting was not "manufactured," and, in any case, was an authorized accessory use of their property Citation: State ex rel. Town of Tiverton v. Pelletier, 2017 WL 6395807 (R.I. 2017) RHODE ISLAND (12/15/17)—This case addressed the issue of whether composting activities on residential property amounted to "manufactur- ing" of compost on residential property, which was prohibited under the local zoning ordinance. The case also addressed the issue of whether the manufacture of compost on residential property was permitted as an "ac- cessory use," despite the local ordinance prohibiting such manufacturing activities in a residential zoning district. The Background/Facts: James and Melissa Pelletier (the "Pelletiers") owned a 30-acre property (the "Property") in a residential zoning district in the Town of Tiverton (the "Town"). In their R-80 zoning district, raising crops commercially, including an associated greenhouse or nursery, was a permitted use. The Pelletiers operated a nursery on their Property. In March 2009, the Pelletiers were served with a summons and com- plaint charging them with violating the Town's zoning ordinance by manufacturing compost on the Property. Under the Town's zoning ordinance, "industrial manufacturing, storing, processing, and fabricating activities" were prohibited uses in an R-80 zone. After a trial, the Pelletiers were found liable for manufacturing compost in an R-80 zone in violation of the zoning ordinance. The Pelletiers appealed. They argued that the evidence did not establish that they "manufactured" compost on their Property. The Pelletiers admit- ted that materials (such as grass clippings, yard waste, and horse manure) were shipped from off -site to the Property for the purpose of composting. Witnesses for the Town had testified to, among other things, observing large piles of compost and the mixing of material with industrial equipment. However, the Pelletiers contended that their composting ac- tions could not be categorized as "industrially manufacturing" because "once the material [was] mixed together, `nature takes over' and compost develops naturally." They also argued that the composting activities did 8 © 2018 Thomson Reuters