Agenda - Planning Commission - 11/01/2018

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Zoning Bulletin September 10, 2018 I Volume 12 I Issue 17 engineer providing the technical evidence and documentation "demonstrating that the increase in the 100-year flood elevation that will be caused by the proposed construction, development, use or activity will have no adverse ef- fect on downstream properties," as required by the Township Zoning Ordinance. Finding that the DiPaolos failed to prove the necessary criteria, the court concluded that the Enforcement Notices were not barred by laches, estoppel, vested rights or justifiable reliance doctrines. See also: Springfield Tp. v. Kim, 792 A.2d 717 (Pa. Commw. Ct. 2002). See also: In re Kreider; 808A.2d 340 (Pa. Commw. Ct. 2002). See also: Borough of Dormont v. Zoning Hearing Bd. of Borough of Dormont, 850 A.2d 826 (Pa. Commw. Ct. 2004). Zoning News from Around the Nation INDIANA A zoning applicant has filed a federal lawsuit challenging the City of Fort Wayne's decision to allow a downtown strip club to reopen. Specifically, the lawsuit argues that denial violated the applicant's right to free speech and equal protection, and also seeks to void city codes governing adult businesses. The applicant claims its strip club use was grandfathered as a preexisting, nonconforming use, but the city maintains the use had been abandoned for more than one year. S ource: News -Sentinel; www.news-sentinel.com NEW JERSEY Jersey City's Zoning Board recently ruled in favor of a neighborhood association. The association had argued that the "so-called mezzanines on the ground and top floors of the new building [were] so large they should be considered additional stories," —two more stories than allowable by city zon- ing ordinances. The city's zoning laws "do not allow mezzanines to constitute more than 33.3 percent of 'the total floor area in the room or story in which the mezzanine floor occurs.' " Otherwise, if they exceed that size, they are considered additional stories. While opposing sides in this case agreed on the square footage of the mezzanines, they disagreed about what they should be compared to. The neighborhood association had argued that the Zoning Board must compare each mezzanine to the room they are in, and that therefore, in this case, the residential units' mezzanines were anywhere from 48% to 62% of the total area. Source: NJ.com; www.ni.com PENNSYLVANIA The Harrisburg -based Independence Law Center filed a federal lawsuit © 2018 Thomson Reuters 11