Agenda - Planning Commission - 09/06/2018

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Zoning Bulletin July 25, 2018 I Volume 12 I Issue 14 authorities to circumvent the Building Peanut Rule by enacting restrictive zon- ing regulations on land that is necessary to give the buildings value." (The court found support for its conclusion under the principles advanced in other jurisdictions —namely those that "emphasize that the rights vested by a build- ing permit application are to develop land, not merely build structures.") Applying its holding to the facts here, the court held that because Golden Sands' building permit application included a map that provided "an objective means to determine the contours of the [p]roperty," Golden Sands possessed a vested right to use the property for agricultural purposes. See also: McKee Family I, LLC v. City of Fitchburg, 2017 WI 34, 374 Wis. 2d 487, 893 N. W.2d 12 (2017). See also: Manna Funding, LLC v. Kittitas County, 173 Wash. App. 879, 295 P.3d 1197 (Div. 3 2013), as amended on denial of reconsideration, (Apr. 9, 2013). Case Note: Wisconsin is in the minority of United States jurisdictions that adheres to the Building Permit Rule. The majority of other jurisdictions require both a building permit and "substantial construction and/or substantial expenditures before rights vest." The court explained that under the majority rule, a landowner's building permit can be revoked if the property is rezoned (even if construction has already begun). Zoning News from Around the Nation HAWAII The Puna County Council Planning Committee has reportedly postponed action until mid -July on vacation rental legislation while the County recovers from its ongoing lava flow emergency. The proposed legislation would pro- hibit un-hosted short-term rentals in residential and agricultural zones, while allowing them in hotel and resort zones as well as commercial districts. Exist- ing rentals in disallowed areas would be able to be grandfathered in by apply- ing for a nonconforming use certificate that must be renewed annually at a cost of $500. One council woman has reportedly proposed adding language to the bill that would allow the County planning director to accept applications for new short-term vacation rentals to replace those lost during an emergency. However, opponents of that proposed amendment argue it is contrary to the original intent of the bill. Source: West Hawaii Today; wwwwesthawaiitoday.com OHIO Governor John Kasich recently signed legislation, which, among other things, contained an amendment that would accelerate an expected referen- © 2018 Thomson Reuters 11