|You have to understand. I agree with the concept
Post# of 56324
Posted On: 11/07/2014 6:59:39 PM
|You have to understand. I agree with the concept of the lawful nonconforming use - CEN should be protected from the zoning change the town has recently passed.
But you must also understand that zone had restrictions on it prior to the company even locating on it and lawful nonconforming is meant to protect acquired rights, not to usurp existing restrictions by way of regulations, so the value added designation remains in force even if the lawful nonconforming protects acquired rights the company may have to grow and package under value added. Lawful nonconforming does not mean the town must waive the preexisting value added restrictions.
What first must happen is the activity must be taking place or intended to take place, and I believe both would apply to CEN but, the value added designation still is in force and must be amended for the company to produce anywhere near the amounts they have publicised. The second thing that must happen, and it may have, I don't know, is the company must be granted a license to grow.
I am fully on board with what lawdog has posted but you must also understand it is not meant to replace preexisting regulations. If a complainant can file under lawful nonconforming, the town can claim the regulations existed prior to any activity so we are back to square one. Will the town grant the amendment.?
But you must also understand that zone had restrictions on it prior to the company even locating on it and lawful nonconforming is meant to protect acquired rights, not to usurp existing restrictions by way of regulations, so the value added designation remains in force even if the lawful nonconforming protects acquired rights the company may have to grow and package under value added. Lawful nonconforming does not mean the town must waive the preexisting value added restrictions.
What first must happen is the activity must be taking place or intended to take place, and I believe both would apply to CEN but, the value added designation still is in force and must be amended for the company to produce anywhere near the amounts they have publicised. The second thing that must happen, and it may have, I don't know, is the company must be granted a license to grow.
I am fully on board with what lawdog has posted but you must also understand it is not meant to replace preexisting regulations. If a complainant can file under lawful nonconforming, the town can claim the regulations existed prior to any activity so we are back to square one. Will the town grant the amendment.?
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