Agenda - Planning Commission - 07/01/1997

Home

Page 6 - June 25, 1997 Z.B. ,.l County, the state's most populated county, with a population of more than 500,000 people. ,. Green Valley asked the city to rezone the property for commercial use so it could put a gas station there. The city denied the request, so Green Valley asked the board of zoning adjustment for a use variance to build the gas station or another commercial structure. The board denied Green Valley's application, citing an Alabama statute that prohibited municipalities in counties with more than 500,000 people from granting variances unless specifically allowed by an ordinance. Mountain Brook's ordinance did not allow for the variances Green Valley requested. Green Valley sued the city. It argued the statute's population classification violated the Equal Protection Clause of the 14th Amendment, and claimed the statute treated it differently from landowners in areas with fewer than 500,000 residents. In addition, Green Valley claimed the population provision had no rational connection to the statute's purpose. The court agreed with Green Valley and found the statute was unconstitutional. The city appealed, arguing it was necessary to distinguish between counties smaller and larger than the 500,OOO-person standard. The counties with more people, the city argued, had different needs regarding safety and traffic, and warranted special consideration in zoning matters. DECISION: Reversed and returned to the lower court. The statute didn't deny Green Valley equal protection as an owner in a more populated county. Heavily populated areas such as Jefferson County had different needs than more rural counties, so they received different consideration. For this reason, the population provision had a reasonable relationship with the statute, making cities with higher populations better equipped to regulate land use. see also: Peddycoart v. City of Birmingham 354So.2d 808 (1978). Phalen v. Birmingham Racing Commission, 481 So.2d 1108 (1985). 112 Nonconforming Use - City says nonconforming use terminated for failure to obtain occupational license Dempsey v. Newport Board of Adjustments, 941 S. ~2d 483 (Kentucky) 1997 In 1994, Dempsey bought a piece of property in Newport, Ky. The parcel previously contained an auto repair shop, which was a nonconforming use. Dempsey applied for an occupational license to continue operating an auto repair shop on the property. The city sold occupational licenses to fund its government. The zoning administrator denied the application, explaining that the previous owner had not gotten an occupational license since 1992, so the property's nonconforming-use status had been abandoned. The city's zoning ordinance stated a nonconforming use would be terminated