P&Z regs now cover Lime Rock Park

SALISBURY — The Planning and Zoning Commission voted to adopt amendments to the zoning regulations regarding Lime Rock Park on Monday, Nov. 16. 

The proposed amendments to the regulations were: to add a definition of motor vehicle; to amend section 221.1 (Track for Motor racing Vehicles); and to amend sections 205.2 (Table of Uses — Rural Enterprise; Commercial and Industrial Zones) and 205.3 (Table of Accessory Uses). 

The vote was 4-1; the negative vote was from Mike Flint. (Vice chairman Jon Higgins was not present.)

There were two lengthy public hearings on the proposed amendments, beginning on Sept. 8 and continuing on Oct. 19.

The commission voted to include the language of the injunction as amended in 1988 in section 221.1, “Track for Racing Motor Vehicles.”

Out of the past

Changes to section 221.3 deals with camping. A document distributed to the commission members explains that the camping restrictions are based on a 1979 action, Lime Rock Foundation Inc. vs. Zoning Board of Appeals (ZBA) of the Town of Salisbury. 

“By setting forth the most recent standards in the Vail action [the 1959 injunction as subsequently amended] and the ZBA action in the regulations themselves, we clarify the exact standards that are the present ‘status quo’ and that have shaped the conduct and reasonable expectation of affected property owners for decades. 

“We also eliminate the possibility that the zoning regulations could be deemed to be amended if there were to be an amendment to a court judgment in the Vail action.”

Those restrictions could be modified, however. “We believe that utilization of the current permitting and amendment process, which requires notice and public hearings, will allow property owners the opportunity to make changes, where appropriate, apart from whether those changes do or do not coincide with what has [been] approved in private civil litigation.”

Only if it’s legal

The last item of the amended regulations, section 221.6, reads “If any portion of this section 221.1 shall be found by a court of competent jurisdiction to be illegal, it is the intent of this Commission [that] no part of section 221.1 shall remain valid, including the amended table of uses adopted simultaneously herewith providing that a track for racing of motor vehicles shall be allowed by special permit in the Rural Enterprise [RE] District; it being the intent of the Commission that, if it is found that the Commission lacks any authority to regulate any aspect of race track use as set forth herein, then a track for racing of motor vehicles shall be found not to be permitted in the RE District, and any race track use in existence at the time of the adoption of these regulations shall have such rights as may exist as a nonconforming use under these regulations.”

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