Agenda - Planning Commission - 12/05/2002

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34 Page 6 --November 10, 2002 z,g. Nonconforming use-- Truck repair and recycling business predates zoning laws Owner asks for rezoning to industrial/manufacturing use OHIO (09/30/02) -- MOrrow began operating a track repair and tire recycling business in the village of Monroeville in 1972, one year before the zoning laws were adopted. Morrow was permitted to continue Ns business as a noncon- forming use under the new zoning ordnance. In February 1998, Morrow applied to the village planning commission to rezone his property to "industr/al/manufacmr/ng." While this application was pending; the village council adopted a zoning amendment, but'Morrow's prop- erty was not 'affected. Later, Morrow's application was character/zed as a "nonconforming use variance" to be considered by the Board of Zoning Appeals (BZA). On Feb. 26, 2000, the BZA rejected Morrow's .application unanimously. Morrow asked the court for a declaratory judgment stating the 1998 zoning ordinance was void dUe to irregularities in its enactment. He also requested an order for the village to conduct another hearing on his zoning appl/cation or grant him a variance to extend his nonconforming use. The lower court found the zoning ordinance to be constitutional and noted Morrow failed to submit evidence that he met conditions necessary for a zOn- ing change. Further, the lower court found MorrOw failed to timely appeal the denial of his variance. Morrow appealed. DECISION: Affirmed. ~ The village properly denied the variance. The court noted the ordinance provided for extension of nonconforming uses. A similar zoning ordinance in an earlier case was found to satisfy consti- tutional requirements. Thus, the ordinance did provide the BZA with objective standards to grant enlargement of nonconforming uses, and was not unconstitutional. Citation: Morrow v. Hllage Council of the V~llage of Monroeville, Court of Appeals of Ohio, 6th App. Di,t., Huron County, No. H-01~051 (2002). see also: Standard Oil Co. v. City of Warrensville Heights, 355 N.E. 2d 495 (2002). Due Process -- Applicant seeks off-track betting.approval Township deniesj:or insufficient parking PENNSYEVANIA (09/18/02) -- The Downs - Off Track Wagering Inc., leased. land from Mikets Motors inc. w~th the condition that a zm~ng application be approved for an off-track bet,.lng (OTB) establishment. The relevant statute. ! I I ! I I I I I I I I I I I I I I I