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Thread: Accessory uses gone overboard

  1. #1
    Super Moderator luckless pedestrian's avatar
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    Accessory uses gone overboard

    Do you get arguments when a property owner expands the business to other land use codes that this is just an accessory use so I don't need approvals or more parking, etc.?

    We have a restaurant who lawfully opened a brewery as part of the restaurant - he makes and distributes the beer to local vendors, all with permits - he also lawfully sells t shirts and other souvenir items in side the restaurant - all typical and ordinary, no big deal

    now he has opened a market whereby you can go in and buy food (not just take out) from the brewery building and other items not made or prepared on site - he also does deliveries of market food items to visiting yachts (that's not a biggie by itself) - it's in the brewery and not in the restaurant so you can go get stuff without going to the restaurant at all - formerly the brewery building was just that, brewery facilities and distribution/warehouse

    our code enforcement officer wrote and said that retail uses not accessory to the principal structure were not an allowed use and that he needs to go to the Planning Board to make an argument that it is accessory or seek relief from the Appeals Board - he's outside my office right now arguing to her that it is accessory

    thoughts, opinions?

  2. #2
    Cyburbian KSharpe's avatar
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    You can consider it in terms of percent..what percentage of his income comes from this "accessory" use? If it's significant, you would have a case its not accessory. In my neck of the woods, anything more than a minor deviation from the original site plan means you get reviewed again...food for thought.
    Do you want to pet my monkey?

  3. #3
    Cyburbian Plus Whose Yur Planner's avatar
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    Your right lp, he has gone beyond the scope of the original business and any accessory use. The market is a second primary use, and the delivery service is an accessory use to the market. I admire his drive, but we are talking a different set of standards for the market and a different impact on the surrounding area.
    When did I go from Luke Skywalker to Obi-Wan Kenobi?

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