Agenda - Planning Commission - 04/05/2018

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Zoning Bulletin February 25, 2018 I Volume 12 I Issue 4 Case Note: In its decision, the appellate court pointed to a state Court of Appeals case, which had held that schools are not fully exempt from zoning rules, particularly where the educational use "may actually detract from the public's health, safety, welfare or mor- als.. .." (See Cornell University v. Bagnardi, 68N.Y.2d583, 510N.Y.S.2d 861, 503 N.E.2d 509, 37 Ed. Law Rep. 292 (1986).) The School District had argued that the Court of Appeals' holding applied to only private schools. But, the appellate court disagreed. Zoning News from Around the Nation CALIFORNIA A gun rights group has reportedly filed a petition with the United States Supreme Court, asking the court to consider a Ninth Circuit Court of Appeals decision, which upheld an Alameda County zoning ordinance that prohibited gun stores from being located within 500 feet of certain areas, including resi- dential zoning districts. In the appeal, the gun rights group maintains that the county zoning law is a violation of Second Amendment rights. The Ninth Circuit had rejected that argument, noting that there were locations in the county where guns could be purchased, and finding there is no constitutional right to sell guns. Source: Fox News; www.foxnews.com PENNSYLVANIA Millcreek Township has reportedly "agreed to pay a resident $23,396 to settle a federal lawsuit challenging township political sign regulations." The Township also had earlier settled a separate, similar case for $15,000. The residents had challenged an ordinance that capped the number of temporary signs allowed on property, including political signs. Under the terms of the recent settlement, the township zoning ordinance will be amended to elimi- nate the cap on temporary signs. Source: GoErie.com; www.goerie.com MAINE In June, Town of Kennebunk residents will vote on a proposed ban on all retail marijuana sales and operations in Town. The proposed zoning ordinance was approved by the Town's Planning Board and Board of Selectmen. Last year, recreational marijuana became legal in Maine, and the state legislature is currently considering a proposal to extend a statewide ban on retail sales of marijuana until May 1 to give the state more time to craft regulations related to recreational marijuana. Previously, Governor Paul LePage vetoed a bill cre- ated by a bipartisan task force that would have addressed such regulation of recreational marijuana. © 2018 Thomson Reuters 11