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Thread: Animal House?

  1. #1
    Cyburbian Tom R's avatar
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    Animal House?

    From Land Use Law and Zoning Digest, May 2003:

    • NONCONFORMING USES (55 ZD 262)— A sorority house built in Norman, Oklahoma, in 1930 became a nonconforming use in 1954, when the property was rezoned to the single-family residential classification. In 1958, the house was sold to a church for use as a retirement home for 20 to 22 women. The city declined to rezone the property to a classification that would permit a boarding house, but decided that the use was a “private club,” a permitted use in the single-family residential zone. In 1985, the retirement home became a nonconforming use when private clubs were eliminated as an allowed use. In 2000, Triangle Fraternity bought the house and sought a boarding house license, required by the city for all fraternities and sororities. After neighbors objected, the city determined that the fraternity house use would not be a continuation of the nonconforming private club use, and that rezoning was required to allow the fraternity house use. On appeal, the trial and appeals courts affirmed, but the highest court reversed, holding that the proposed fraternity house use is substantially the same as the former use and is allowed as a continuance of the existing nonconforming use. The court acknowledged that the fraternity hopes to have 22 to 23 members occupy the house and 45 to 60 members who will attend meetings and parties, including parties involving alcohol, but stated that “the only real difference between the fraternity’s proposed use and the church’s prior use of the property is the age of the occupants coupled with an increase in the volume, intensity, and frequency of social gatherings.” It then concluded that the “mere increase in volume, intensity, or frequency” is insufficient to invalidate the nonconforming use. Triangle Fraternity v. City of Norman, Supreme Court of Oklahoma [highest court], Decided October 115, 2002, Rehearing denied February 3, 2003, 63 P.3d 1.
    WALSTIB

  2. #2
    Cyburbian prudence's avatar
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    Triangle = Delta = Lambda???

    Is the the plot line for the upcoming Revenge of the Nerds 8: Nerds and Land Use Law ???

    Is that a Fall release??
    "Dear Prudence...won't you open up your eyes? "

  3. #3
    Cyburbian Runner's avatar
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    I'd guess that some of those judges may be former frat boys. The legislature should pass a law that requires the judges to live next to that future zoo.
    Cheers,
    UrbanRunner
    :)
    _____________________________
    WWJJD
    "What Would Jane Jacobs Do?"

  4. #4
    Cyburbian Emeritus Chet's avatar
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    Originally posted by Runner
    I'd guess that some of those judges may be former frat boys. The legislature should pass a law that requires the judges to live next to that future zoo.
    On the contrary, I think the judge made an unpopular decision, but based on the *limited* facts of the APA publication, appears to have made a logical one.

    No, I dont want to live next to it either, but Norman didnt exactly do its homework to rid itself of the use. (sorry Norman)

  5. #5
    Cyburbian Jeff's avatar
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    Thank you sir may I have another!

  6. #6
    Cyburbian Cardinal's avatar
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    Norman really set itself up for a response like this. They shouldn't have expected to win.

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