Agenda - Planning Commission - 02/06/2003

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Page 4 -- January 10, 2003 Z.B. Consequently, Rapp's use of the property, site fell under the nonconforming use provisions in the city's zoning regulations. So long as the use or structure was not enlarged, moved, or structurally altered, the regulations allowed Rapp to continue to use the property as he had in the past. Rapp arranged for one of the. two trailers to be removed'and replaced with another one. The dimensions of the replacement were 16 by 76 feet. The previ- ous trailer was 14 by 70 feet. The larger replacement home encroached on the public right-of-way. It also violated city setback requirements and extended over the city's only water shutoff valve on the property: Rapp was cited for a city zoning violation. Following a thai, Rapp was found guilty. Rapp appealed, arguing the replacement trailer' constituted a substantially similar use. He also claimed state law gave 'him a one-year grace period to retain h/s nonconforming use. DECISION: Affirmed. Rapp was could not move a larger home onto the property. Under local law, a nonconforming structure could.not, be moved. Once the old trailer was moved off the lot, the nonconforming use ended. No noncon- forming structure could replace it. If it were proper to replace the old trailer with a new one,' the life of the nonconforming use woul'd be indef'mitely pro- longed, contradicting the spir/t of Such ordinances, namely, the eventual elimi- nation of the nonconforming use. Even if that was not the case, local iaw also forbade enlarging the noncon- forming use.. The larger home obviously did so. Finally, even though state law gave a one-year grace, period, it also gave iocalities the ability to be more stringent if they desired to do So. Citation: City of Marion v. Rapp, Supreme Court of South Dakota, No. 22355 (2002)~ see also: Brown County v. Meidinger, 271 N.W. 2d 15 (1978). see also: Inhabitants of Town of Windham v. Sprague, 2Jg A.2d 548 (1966). I I I I I ! I I I I ! I 118 Variance -- New owner claims use never ended NEW YORK (11/27/02) -- When Tomngt°n Industries began Utilizing its prop- erty. for the operation of a Concrete batch plant in 1987, it sought conf'mnaation fi:om the Town of Johnsbur~, s zomng enforcement officer that its use was per- mit-ted under [he zoning ordinance. The zoning officer confa'med' that it' was.. Several years later, the town's zoning ordinance was amended, and Torrington's property was rezoned from industrial.to, residential. The zoning ordinance grandfathered and permitted the use to continue. However,. the non- conforrmng use.would be lost ff it ceased for more than one year. The property was sold ro Graystone Mater/als Inc., and then to Cranesvflle Block Company Inc. I I i I !