Seaboard Foundry, Inc. v. Zoning Board of Review
Seaboard Foundry, Inc. v. Zoning Board of Review
Opinion of the Court
This is a petition for certiorari to review a decision of the Zoning Board of Review of the Town of Johnston denying the petitioner’s application for special permission to construct in an Industrial E district a building in which it proposed to store and anneal castings incident to its foundry operations. That use, although permitted in an Industrial E district, in this instance required a special permit from the board because the petitioner’s premises were located within 300 ‘feet of a Residence District.
Section XVII of the zoning ordinance limits the issuance of a special Industrial E use permit to those cases where
The petition for certiorari is denied and dismissed, the writ heretofore issued is quashed, and the records certified to this court are ordered returned to the respondent board with our decision endorsed thereon.
Section IX, B, of the ordinance reads in part:
“B. Special Permit Uses.
In an Industrial E District a building may be erected, altered, or used,, and a lot or premises ma-y,b,e used fpr any of the following_purposes; only upon a Special Permit issued by the'Zoning.Board of Review as provided' in.Section XVII:
" “1. Any of the uses set forth in sub-section (A) hereof located within 300 feet of a Residence District.”
Reference
- Full Case Name
- Seaboard Foundry, Inc. v. Zoning Board of Review of the Town of Johnston
- Status
- Published