Posted by: Patricia Salkin | June 18, 2013

NY Appellate Court Upholds Zoning Board’s Interpretation that Lawnmower Repair Business was a Permitted Home Occupation

Following a request by the building permits coordinator to the zoning board of appeals for an interpretation of the zoning ordinance as to whether a proposed lawnmower repair business was a permitted home occupation, the board determined it was a permitted use in the relevant residential zoning district. Adjacent property owner challenged the interpretation and the trial court concluded that the board’s decision was rational and therefore it denied the petition.  On appeal, the appellate court again upheld the interpretation, noting that although it must apply the zoning ordinance in effect at the time the decision is rendered, it could take judicial notice of matters of public record such as the fact that the Town Board had recently amended the relevant Code section to specifically provide that “[l]awn and garden equipment repair and maintenance is a permitted home occupation…”  The court also noted that the special facts exception to the rule was inapplicable in this matter.

Krause v Piccozzi, 2013 WL 2232694 (NYAD 2 Dept. 5/22/2013)

The opinion can be accessed at:  http://www.nycourts.gov/reporter/3dseries/2013/2013_03677.htm


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