Agenda - Planning Commission - 06/03/1997

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Z.B. May 10, 1997 - Page 5 A property owner's claim to a nonconforming use of land was not protected under the federal Constitution, so DeKalb Stone could not claim its constitutional due process rights were violated. Any zoning rights DeKalb Stone claimed in this situation were state-created ones. The legislative process was not involved in the enforcing of zoning laws, so DeKalb Stone couldn't seek the protection of legislative rights in this case. see also: C.B. ex reI. Breeding v. Driscoll, 82 F.3d 383 (1996). see also: Boatman v. Town of Oakland, 76 F.3d 346 (1996). Nonconforming Use - Does racetrack's pre-existing use status protect it from town's noise ordinance? Town Board of the Board of Southampton v. 1320 Entertainment Inc., 653 N.Y.S.2d 364 (New York) 1997 1320 Entertainment Inc. owned and operated a racetrack in a residential area. Because the racetrack existed before the town of Southampton, N.Y., enacted its zoning ordinance, it existed as a valid, nonconforming, pre-existing use in the residential zone. The town sought a temporary court order to restrict the racetrack's activities. It wanted 1320 Entertainment to comply with the zoning ordinance by reducing the days and hours of the racetrack's operation, and by limiting the amount of noise the racetrack produced. The court found for the town and issued the temporary order. 1320 Entertainment appealed, arguing the racetrack's pre-existing nonconforming use prevented the town from enforcing any of the ordinance's provIsIOns. DECISION: Affirmed, with modifications. The town could force the racetrack owner to comply with various provisions of the zoning ordinance. Though the racetrack's pre-existing, nonconforming use status allowed it to operate in a residential area, that status did not shield the racetrack from the town's zoning laws. The town had the right to enforce any provisions of its code that protected the public health, safety and welfare. The town properly exercised its police rights by placing reasonable restrictions on the racetrack's days and hours of operation. However, if the town were allowed to enforce its noise limitations, 1320 Entertainment would have to stop all racing activities. As a result, the town had to achieve a balance between the neighbors' complaint's and 1320 Entertainment's right to operate the racetrack. The court's order had to be modified. see also: Matter of Borer v. Vineberg, 623 N.Y.S.2d 378. ,,/cp Nonconforming Use - Town says property loses grandfathered use after three-year mining stoppage O'Brien v. Town of Fenton, 653 N.Y.S.2d 204 (New York) 1997 O'Brien had a permit to use his Fenton, N.Y., property as a sand and gravel mine. 0 'Brien's property was located in an agricultural-residential zone.