Loading...
HomeMy WebLinkAbout276J~ZENIA A/C SILVER SANDS _,~276 _. jD~_~__ & L~V~N A/C SOUND SHORE May 26, 1960 Page 5 GRANTED permission for double-faced sign on property of Edwin King, North Road & Chape! Lane, Greenport. ~ ,. . . COUNTY OF SUFFOLK STATE OF NEW YORK I 55. '-. Frederick C. Hawkins, being duly sworn, says that he is the owner and publisher of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once' each week for ...{J).44-L"'{"/)(k weers successively, commencing on the ..........)./.................... day of .~~...._ 19.G~O . _ d~1--'L,.;r r J;;:~<L<~ .................................................................................... LEGAL NOTICE NOTICE OF HEARING Pursuant to Section 267 of the Town .1 Law Rnd the provisions of the Amended ~ Building Zone Ordinance of the Town ~ of Southold, Suffolk County. New York, ~ public hearings will he held by the I Zoning Board of 'AppeaLS of the Town of SouthoId at the Town .Clerk Office, Main Road, Southold, New York, on < May 26, 1960, oil the following appeals: 7:30 P. M. (E.D.S.TJ, upon applica- i tion of Thomas Jurzenia, ale Silver SandsiMotel and Jack Levin, ale Sound Shore Motel, Greenport, New i York, for a special exception in ac- cordance with the Zoning Ordinance, Article III, Section 300, Subsection 11, for' permi~ion, to replace an existing directional sign' wJth a two-pan~l - directional sign. Location of property: southeast corner of intersection of i North Road and Chapel Lane, Green- ! port, New York. ~ , 7 :45 P. M. (-E.D.S.T.), upon applica- . tion of Thomas Jurzenia,a/c SUver Sands Motel and Jack Levin, ale j Sound Shore Motel, Greenport, New ! York, for' a special exception in ac- : cordance wit.h' the Zoning 'Ordinance, . Article TII, Section 300, Subsection 11, ~ for permission to replace an existing directton~l sign 'with a tW9-panel di- rectional sign. .Location of property: -i southwest GOmer 011 intersection of North Road and Albertson Lane, Greenport, Ne~ York. Any person desiring to be heard on the' above applications should appear at the time and place above specified. C DATED: May 13.1960. By Order of the Southold Town ,Board of Appeals; -1A Sworn to before me this ........d.G........ day of ......~.~. 19...~6 ~,/J /J D~... .. .......... ......LG~.......{..Q Notary Public _ ADELE PAYNE Notary PUbHC. State of New York Residing in Suf~olk County No 523041000 0j Commission b:pires March 30, 19~ . TOWN OF SOUTH OLD, NEW YORe APPLICATION FOR SPECIAL EXCEPTION ~ra-~tf '0//6 -.> '" APPLICATION Nod 7'6 DA TE.~y'...+.;1.....l960 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. Thomas Jurzenia , ale Silver Sands Motel ~ (We) .~~~~..~.!'!:':':~.!....~/~...~.C?~~...s.~?!~. .M~.~~;\-.............~;-.~~~.;::!7.c................................ Name Street and Number Greenport New York ................................................................................. ............................................................ Municipality State hereby apply ta THE ZONING BOARD OF APPEALS with the. ZONING ORDINANCE ARTICLE III SUBSECTION 11 far a SPECIAL EXCEPTION in accordance SECTION 300 THE SPECIAL EXCEPTION IS REQUESTED BECAUSE we wish to replace the existing sign advertising the Silver Sands Motel with two directional signs, each one advertising the Sound Shore Motel and the Silver Sands Motel. Each sign to be double faced. This special exception is requested because we are endeavoring to eliminate a surplus amount of signs. It is hoped in the near future to consolidate many of the other motel signs in the area in this same manner. Location: southeast corner of intersection of North Rd. & Chapel La. SKETCH OF PROPOSED SIGNS ATTACHED. LETTER OF PERMISSION ATTACHED. STATE OF NE').;~~/J ss~.~.... :.... . . ' COUNTY OF ~_v ) ~ Signature Sworn to this ,....!o?.:~ ~ .....7.:1.t..~........, 19....<!i.9 .................~.~I.i~~......... JUDITI/ r B N'otary PUblic . OKEr{ No. 52'034496State of New York Cgmmission Lv .3, SuffoJl( COllnt) L,J;pJres March SUe 19 (P/ FORu>1: ZB2 . KING . FARMS EDWIN H. KING TElI;;PI-lONES OFFICE ORIE.NT 2-1070 RESIDENCE ORIENT 2-0656 ORIENT EAST MARION GREEN PORT POST OFFICE BOX 263 ORIENT, LONG ISLAND NEW YORK May 12th 1960 The South old Town Zoning Board Southold, Long Island, New York Dear Sirs: This is to confirm that I have given Mr. Thomas Jurzinia of the Silver Sands Motel permission to erect an additional sign on the corner of Chapel Lane and North Road, Greenport. I understand there is an agreement between Mr. Jurzinia and Mr. Jack Levin that they are to share these two (2) directional signs. ~r '~~. ',' "", , .'J' " ., rr-'.. " ." . . ' ll.EW NbfIc.E ,;'. ;i'" Not\'lLtie ,of He~r ing Pursua.nt., till, Sect,1l\ln2t;7' cif the' ';l'own Law and 'the provisions .' of t:h.~'$l'1,d.ll .l:l.:I.;Ld1i1.lJ ~one Ci>:JfCl.inilnc$ of t:he T0WJ01 of Sout.hold, , ' Suffolkceun~y~ New ~ork, publlchearinqs will ~e~.ld by t.he . . _. . -'. ' ' . . " ". ,.. ..^ .- Zenin<g ltg, arid. cllfAppeala "q>f 'Ute"\l'M €lf$l!)\l:thold at the TI!lWn .' ' - . - ,. ,.... >, . ' ,. ,',. l. '..- .,'. Clerk. od,!e.e',liIdn Road, S(!)utJol,e,ld, New York, on May 26, 1960, ,rn the fello'W1P:9'appea11iil" . . " , '.' .,. J0'~~M." (,E.1). S. 'J!. ) ,~, u.p$.n~l1ilpHcationof> Thomas Jurzenia. ',.6'~~~.~ ~ '" ,-/ '~;" . ,." .',' . ',:. . "" . all:! SllVe'3r $and'S Motel anciaaelF'Levin, 'a/e Sound Shore ",ot..l, .... ' " ,-. .. ,'.~.': ',~ ~:":'~'~".'.',,""'~~;;;-~' 1:/ :i"':"'~':~'~r- ;,': ,,:,:,~'. ~~' . -- , ,'.' \GreeJl~rt,."I;few'~~r,~'~' ',for, 'a,~,~,fY.:,~,~)&~~~h1~~:~. aecordance:,w, ith .,'.. '+ '. ;'>,iii ).'~'.\',,~\. ",._"."'/.-:t/,. i.".",S'. '.' . 1 theZ€lning OX'dinaRce,' Artlcle III, Seetl.1on 300, .~~ect.ic:n 11, . ' i ~.,' ~.'''i':'-"'<.' '. ,}I;,' ';"""t::'.. :-<:" ....' . llrt. J 1'. " : ...., jl,~", .v".."t..." .", . ,./,: ," . . ,lor p,flJ!'l!iissiOl'l'~ }lre;pll.~a:"l'l' ~i,U1'l9jdl1]l'e~t1c;)l'lal dq,nwith a 'I, " . '..' " .... ~. " ',.J<."'o ,,')..., ,., - ' ~ . I , tw..~l).el' ~1recUQI'lill.l",s~g".",I,.e12:att.1Eln, G~ prQperty. 'fiIoutheaet . '. ' . /,;,.. ~ .;i. .~ !~"",~,' .1'....,~ '~' "'" -. .~' -; la"m.ar ef il'l,te:r;i1.'ed,~Jf' ~f ;li0r~ 'Rl;iad ani!. 'ChaPel Lane, Greenport, I , I Ii New York. ' 7.4S.P.M. (E.D.I.'l'.)l 1;1~n applicat.ion of 'l'h0lll2ul JurzeRia, .''-' , i./e Ulvl!!'lr, Sands Metel ,ahd~~GlltL.evj,nt ale Sounli Shore Motel, 'Gre.npor~, New' Yo.r;k,',to,r a ,special hexeeptiol'i' inaeeordance with i ., , tbeZcmil'l~ Ordinance., ,ArtielelU. S8et.1on 300,Subsect1on 11, forpermissit;lD'UO, reJilul\l an ex1.t1nq'dire~Uoni1l sign with ill. , '"~. . 'i., . i ., .~., . . . I " ' , I~WQ"li'iII.,n..J" <Urecf!:.1et:)al liij1l. 'LocaUonof pra,peruy. sout.hwelilt ieorhe; of inteJisectionof Nath Road and Albertson Lane, Greenport., : NeW York. ' :-~ '.'\ " " "", ',.,. y," .:.'''' ::--.:A";;' . '.1 ~, ~ )" ~. :~ ' . ,,,... '.'. ~ . ',~' k; -,.,. ~, pi. ,~ -"1i.- ~,~ , t.~' ...~ '. . '-;~ " . .-,:i " ;\.:".'. . ~ , >>. '.' .. .. .,;- -,,; _<!iei',,,, r.~ClJal, 1.i9t~e. ' , ' .;J . ~ ., AnY periu;m 'desirtn,' tEl' be heud on the abOVe appUeilUons b€lultl IlPpell.r".t~i,tU1\e ailldl. pla!;:. above ,pec1fj,ad., , ,,' -. j ~'f,'ED,!~){,l:J. 196@,llly"<'>.JQet of the $.eutho1d 'l'own Board " 'I, '.~..~ . " -,' _'. e" \--' - " '-", , '. . *. . I 1 , J ;L "1' . ~ , t-..; ..~.,~ ' " " 1;;1 , ,> , ~ ,. " -..,~~,. c'.... ' E':L1i:ASE '_. _ '~';' ~"~', _ '. ': .ti..__, ",' f"i , ,:,',"'~. . ':' _ -'..; _', Pl.JBLI$,~ 9N~E;, ~y 19; ;1;;'60, MjD, ,~~RWAlU!l TBIlEE ;-,.-' I ':' ""l,>o,;l; ,- :,~.-'~~ .;;>:.;~ ~"'--" ".,',: "-',/' .,-'~ G~ APpeabr (3) i kilo '.' -, . - . P:J:DAVIll'S Ii)J'P_IG~'f~O}l',I~J;lU'.t"ll;t..y. ~ 'JIM!; ~ OJ' APPEALS, , -- ,-',' .., - \:~'.:' ~I< ,~. '. . '_,_"\,' ,,' " ...,,1 ".,.1 _< ":,' .~. .:/.' .,..,..,.... .~.<.: ,~:. ".>', j:' ~ o:r0.wa 4e1.EU8 OIi'F'l:Cll;'" ~'~!l:GU" . sodTaow ,'mv y(i)~. :....\ .'-"e,.. .: " ,'" '-':-; .1, ~ -', I , , \ _:,: -,.':,'; 'ff '., '*.* ji.;:, ;'. ." ;,' " "".1_' , ' l;-" " ":'," .-i'.,,",' "li.\op,tas ~"j. ' .: .-, "r "i:~,'_ ,- ,", " ( ,,,,,' "''''', "--. lMliledi;et1le ,1011o,\\,iI,n.ClJ ~n .Mayp, 196$i :. i I 'lAe_. Jj.rzen~a ".(:~ t..v j,n ,', ;r..€l~~r!~..1:a1'l.d'r:!!:aye1..;~1?:t>1:t.l!ck Wa1>e~n " '" . .,." , '. ' SOItEONE SHOULDAIl'PEAR AT 'I'BE H1tARING. .r I I , r... , .,- I , ,~\ ~ \q~\) ~ "^^""~ :., 'Y-~cJ '"1-0 ~:cs~ ~ -10 ~ ~J I . ~~~ -\-.~ ~ a:.A ~~~ O""-;Y\~RJ ~ (.... '--'---~ ~p ~~ ~~~ ~~~~--.., &: ~~~ ~ <0 ~J;-~7;:: '--- ~ . oS( ~ \ cz(~~. p~~ k \ '. have not returned to the .office and explain to them that the rate for each room is posted on the ,closet door. If the .guest thinks our rates are 'too high we refer him to a district where the J'ules are lower because of distance (rom town. Should our motel be filled we ask the" guest his needs and then phone other nearby motels. The guest can look on the Lee County motel map and see the location as well as what facilities are offered. The guest can then use our prepaid reservation system: if he wishes, whereby we i.ssue him a registration receipt card which guarantees him a certain unit. You Illigl-tt wonder what this does to promote and ~d. vertise our motel. We believe that by doing a good turn . As a final note, we do have two exceptionally honest and hardworking maids who have been at the River Court for nine years. They do their job, are civil to guests and helpful where possible, Believe me, this does make a difference to 'some people as to their length of stay, just as much as the manager being a good host. COOPERATIVE SIGN PROGRAM Downtown motels in Atlanta, Georgia, have joined with the hotels in an effort to snag the fast express- way tourist traffic headed north from Florida. Utilizing an electrically operated sign similar to one """, \ --~-"_._---_.._-_..- .-----------. --_._-.----.-- ------~------ -- iUJT\FJt ATLANTA 81tTMORE }ll,~.lm;!'cat MOIEL' TR 5 3461 eo':f / A 7 SfilHIJlffifOlL I A.TlANf.ACA8AN J(lJ-,lhttu6 prAJ,r.1 _ MOTEL-TR 5-SSIl lOo'UP" ",~.....::: O..tTiUII.' n[!(olOtHi '.. . ATLANTA 0 _" V'H~ IWiRnCO~)'lr, .-.-.rel\ MOTEL JA S>2771 8<><>\J1' . 1 : ._d,," --- .! ATlAN1AN 110TEL: P:&~1~6 JA 4.6461 .Y" \l~._ "OIEl -'FRe'E-"!---" . BRIA~~l~'~771 PA6~.~~~__~!,,:{~~t! LAZA AldPLl ~~R1J1iG I D1NKLER P ,!;'UP !v/.':.A.'\('. HOIEL JAH461 . , -- .--"1 F'REE _I GEORGIA HOTEL PA..,NG" r ..,. JI\;C'3S01 Y'"' ,,-,,"_.' ~ _ ~-~:a lWO I ~~::LO~CI~~~~_ .,.,.~:: ~I\ I VhC';;C', r PIED~~l'2:3rELroO.!:~:'i w;;;;I<.; :/RiVitRi'~t'All.A-'HA :~i;~:~ll'.i:'l-.. '.'C 'MOT~l.'_!_~ 5'9?H tOO<'lJpw, t...,,_.~ < " This is the cooperative sign program being used by motels and hotels in Atlanta, Georgia. like this we will bring the guest back to us on a return visit. Also, don't forget that other motels are sending guests to us in the same way if we have a vacancy. We have four hillboards (two north and two south) within ten miles of Fort Myers arid have made arrange- ments with Duncan Hines for three additional billboards for erection on Route 80. These signs state a fe-\v facts- River Court, Downtown on -waterfront, AAA, Duncan. Hines, Restaurant one block, Efficiencies, Air conditioned. Size of boards are approximately 60 x 30 feet, We try to make 'all guests'ouf friends and try to ob- taill the dates of their births so we can forward greeting cards. We believe birthday cards are more noticed than Christmas cards. It is my contention that you cannot do better than word of'mouth recommendation hacked up by honest truthful advertising. 50 in the Atlanta airport which shows motels and hotels having vacancies, free telephone service is being offered. Transients may stop and call collect any motel or hotel displaying the vacancy sign. The telephone. company co-operated by placing a toll phone booth near the sign, which is located approximate. ly 15 miles south of Atlanta on U. S, 41 which is now an expressway skirting the city, thus diverting a lot of the tourist traffic away from the central area. With the fast traffic on the highway, another smaller sign was placed two miles from the electric board in order to- slow the traffic down, This one tells the tourist there is a free telephone two miles ahead for reservations. The design is such that transients ,can make a selection of accommodations based on what they want to pay and facilities offered. Minimum rates are quoted on the board. AMERICAN MOTEL MAGAZINE for May, 1960 . ',- Hay 6>, 19'0, Mr. Thoe. Juraenia - 9ilvar aamd. Motal Mr. Jack Levin- .'ound Shor. Motel Graenport, ..'1'. GentleRlen; Your propO$al to ~.t~li.h joint venture direet10nal signa wald1ecu...d by t~. aoar~ of A~p.al. intormaly at their meeting laat night and ~s well thou\ilht ot. ~hey have 4.c!d.~ that to do thi3 ,a ,tormal a~pl1cation will have too ba macte f~r ..Gh location, and that ~h. application should be . jointapplieaUo:n ~ith.:Lgni!ltt\r.1!I _,Q~ ,a~l:p.rson.. who will have IIpace on th8lt particular, lOt\!ltioi'l,.,togs\lie1f w-iv.h:ia,l.tter ot consent from the property own.r wnera it 1. to'~. 'l$catadi and an .plication for aiqn peem1t w,1th :thill .~l!l~t ~r~ing- liltCau~6 ~eorder of the lilotels liated fr01ll the tep 4~. p9:o~a})ly llot Illore t,ha'lil 4panelll te one 8et of posta but. another .etc;t p~ts alof.l9' aide "'j,l !l'l.cli.l!la;ry to .(lc_ode te all. ' 'l'ruIlUi1it4...bQV<I wUl '~. .~i.iadory t.o your Auoc1at1on. ," . '. ,.,... ; '\. " YOl;lrll ' trl,1J.y ", ~. '. " , ' '. ' " ~., .... . ~' , j t ," J \ j"',,' I',' "..l~,.'''' , R.,--.. '. \ \ " ,Bllllldil\\\l 1A.peeter , . I j' i \.' r' , , ' , ; \, I . I I " i-;.,' ;, " , , , ,j . . i _'. -'- ..____~+ ._----...,_ . _"_._ ---.c""" ...:.-_~+ ,,~~...,_':'.;'~.~~:~_. _ --t .r 1 i . " . . .' , . . '"" -::z .... . .:, . (l ~ ~ r.l:J' ~ I I ..... '. . . ~~,' <..:::::.J<' .:' · ,'... .', /,.'_ iW. I , ' . . .' -' .' .... . ,,- j , , .... ." , V ~~d~<);~~(g)[~' '.' i rc----- (\-v? {:J . . C'l ..' - I 1 N ' I, ' ! ", I " \ \ I U ' ~. -.,.,1 1 ,W,,- , I ' ,,' . , I I ----;.-:.- ~: ,,:.. . - ,-I ' I ! ,. _ ,- I .,t '. : .....t\. . '-~ -, '. (. :~>'>'l .,;,; ,,'f' ,.1-,... ,_j' , , :'.'~' ,~; _, ..r, '':'\)~, ~\. ".~ n,.(;, " j " ~. .~... '. . i,- : >, "r: .', ~/ ''',''II:' ,,-," .. . . ~:" '". I 'I t . ...\ : t.' . "); , ..,'F;r. -' . ~r" '.t; " '. . ~ , '_'_"'_i.~.,~, ' , ".,~ ,"',::,.' ',; , '\.;" :",..:" _~,'l :: ...: ,. . · / @OO[ffi~l~GtJlb.;~:~@ 19'-"'::- ~,.i:'~'"j('.."" 4 ....., ' '.. , ". \ i ''-:~.'''J ~A~~'I' .' 0 . , ,-~-' J 1..__' c', -'--:~:,i.',:~,' ?"'v'r;,,:*,/!..' _ ," .0, 'Q , . /V";:::i,~'G) .,': - ' :,<,;:::'. L,f- \, - -"'.-~-'-+-:-'.<" - f- . , /~ "~ ---- -~" " \'. . t > . . . . , ,.... \ .: , >". : " 'rv3J.$?f;J . M.. ~ ) " '~""-".~~-, -, ~~ .: - . .,!~~--- ';;;"~'~~" - .- ,-.. ' , , ' l' \ ' ' , , , ~ -, ~ "..~ __,,",,-:""i;;?-:::::-=---- ~ ""'''. ' .\, o , ~--~,----- / Copyrighted 1%0 5. '.; Motels and Zoning by Richard F. Bnbcock and R. Marlin Smilh RICHARD F. BABCOCK and R. jJ;IARLIN SMITH are members of the Chicago Bar, and partner and associate, respectively, in the firm of Ross, McGowan & O'Keefe. lVIr. Babcock is an affiliate member of the American In- stitute of Planners and author of numerous articles on zoning law. // // Motels and Zoning The rapid growth of the motel industry ill tile last fifteen years has made the zoning regulations of many municipalities out- moded because those regulations were de- signed to control a form of land use the/ character of which no longer conforms to the assumptions _ upon which the ordinances were drafted. Twenty or twenty-five. years ago the words tourist court conveyed to the mind an image of a group of somewhat shabby cabins, in various states of disrepair, which were crudely furnished and occasion- ally without private bathroom facilities. The average American/family traveling by auto- mobile avoided }hem for their overnight stops unless forced/by economic necessity or un- usual circuhtstances to make use of their facilities:"Today the thousands of fine motels, locl:j.tei:l at strategic locations on our major highways, offer facilities tbat are at least ~~qual to, and in many instances. far more // luxurious than the accommodations that the downtown hotel provided for an earlier / generation. A Multitude of Problems The dramatic cbange in the social and economic status of this type of lodging has brought witb it a multitude of problems with respect to tbe proper location of the motel within a community. It is our purpose to examine briefly the attempts of communi- ties to regulate tbe location of motels, to comment upon tbe experience of these regula- tions in courts and finally to suggest some standards by which this issue should be judged. A study of motel zoning regulations and of court decisions leads to the conclusion that the motel industry bas, in its dealings with local governments and courts, been faced with two major difficuhies. First, it seems clear that local legislators (whether county or municipal) and their planning staffs or consultants have failed (or refused) to recog- nize that the modern motel has at least four major functions insofar as its service to the public is concerned. Secondly, the motel industry has had to struggle with local legis. latures and the courts to overcome long. established prejudices against types of tran- sient lodging other than that falling under the I)rthodox concept of a Central Business Dis- trict "hoteL" This is best evidenced by the ,tortured efforts in zoning ordinances (and some court decisions) to draw distinctions between "hotels" and "motels." A study of a cross-section of local ordinances and the court decisions is more meaningful if these two generalizations are kept in mind. The character of the demand for motel accommodations is not uniform, a condition previously noted by Richard L. Nelson in this series. The contemporary motel. to meet the varied nature of the demands for its services, will seek to locate in at least four types of areas, each significantly distinct in its character from the others. These are: (1) the highway motel, which caters. almost ex. clusively to motorists stopping only overnight or for a few days at most; (2) the resort motel, which is located in an area that eaters to vacationers or near a tourist attraction such as a national park, and which may expect to retain its guests for from one to two weeks or more; (3) the airport motel, which is located strategically close to a major airfield and caters largely to individuals traveling by air and only incidentally to the motorist; and (4) the downtown motel, which is often difficult to distinguish from a hotel and which caters partly to motorists and partly to visitors coming to the urban area {or conventions, vacations or business trips. The efforts of communities to control 50 complex a land use by reference to con- cepts of an earlier generation inevitably re- sults in confused and frequently arbitrary regulations. An examination of a few zoning regulations confirms this premise. Common Motel Zoning By far, the most common form of motel zoning is the ordinance which relegates motels to the least restrictive commercial zones or industrial zones. Underlying such treatment is the assumption that motels are not entitled to different treatment than the average business or commercial use. Typical of this attitude is tbe Columbus, Ohio, wn- ing Ordinance, which makes provision for five commercial districts including the Cen- tral Business District. Motels are permitted in the C.3, C.4 and the Central Business i" , District, but are excluded from the more restrictive C.! and C.2 Districts. In the C.g District, most of the permitted uses are such that they can be conducted indoors with little impact on adjacent property. The uses include bakeries, filling stations, hotels, hard- ware stores, clothing stores, motor bus termi. nals, motion picture theatres, trade schools and business colleges, etc. In the C4 Dis. trict, bowling alleys, garage repair shops, printing shops, skating rinks, supennarkets and veterinary hospitals, among others, may exist in the same use zone as motels. Similarly the zoning ordinance of Baton Rouge (city and parish), Louisiana, allocates the motel to districts in which its permitted neighbors include "furnace, heating, air.conditioning, typewriter, sheet metal, plumbing, tire, motor vehicle repair and similar shops," and "poultry and fish markets." The basic weakness in a scheme of zoning regulation which limits motels to tbe "heavy" commercial districts is that the success of a motel wiH, to some extent, depend upon its being insulated from commercial establish. ments whose operations are apt to interfere with the sleep of its OCcupants. In Contrast In contrast to this "ash can" approach, many municipalities seem to have come to the conclusion that the motel is as much entitled to protection from the incompatible use of adjoining land as is the quiet, residen. tial neighborhood. Indeed, some communities have acknowledged the motel should he treated as a type of high-density residential use. In the City of Los Angeles, for example, hotels and motels are permitted in the R.4 Multiple Dwelling District along with apart. ment houses, churches and schools. The same technique has been used in Denver, Colorado, and in Duval County OacksonviHe), Florida. In the latter ordinance, multiple.family dwell- ings, bungalow courts and motels are per. mitted in the Residence "D" District and in tbe Residence "0-1" District in which trailer parks are also permitted. In the De. troit, Michigan. Zoning Ordinance, motels are listed in high.density multiple.family dwelling districts in wbich hotels, private professional offices and rooming and lodging houses are permitted. The City Plan Commission, how- ever, is required to approve the establishment of a motel "as being essential or desirous to the public convenience or welfare, not injurious to the surrounding neighborhood and not contrary to the spirit and purpose" of the ordinance. The Syracuse, New York, Zoning Ordi. nance permits motels in two "Office Dis. tricts." In one such district, motels and botels are pennitted uses as are office buildings, apartment houses, barber shops, beauty par- lors and newsstands. In the less restrictive Office District, restaurants are also permitted if locatcd in an office building, apartment house, hotel or motel, and swimming pools are permiued as an accessory use. Spccial Motel Zone Another regulatory technique is the creation of a special motel zone. In some instances this is simply a refinement of the practice of allowing motels in high-density residential districts. The Traverse City, Michigan, Zon- ing Ordinance contains a motel district which is simply an extension of the multiple. family dwelling district with "motels and cabins" added as an additional permitted use. No retail or commercial facilities may be as- sociated with motels in the motel district. The Chattanooga, Tennessee, Zoning Ordi- nance establishes a "tourist court, trailer camp and motel district" in which, in addition to those uses, multiple dweJIings, boarding houses, lodging houses, private clubs, guest houses and tourist homes are also permitted. A more detailed type of regulation is ,that which has been adopted by Marion County (Indianapolis), Indiana. The county zoning ordinance creates a "Temporary Residential District" under which there are three sub- classifications. In the "RT.l District" the customary spectrum of residential uses and motels are permitted, together with communi. ty centers, public parks, public playgrounds and gymnasiums. In the "RT.2 District" motels are permitted along with tourist courts and tourists cabins, and in the "RT-g District" trailer camps are added to the list of per. mitted uses. The Pima County (Tucson), Arizona, Zoning Ordinance creates what is called a "transitional zone" in which tourist Courts and motels, guest ranches, trailer courts (if on a state or federal higbway), clubs, storage garages, hospitals and a variety of public uses of land are aU permitted. The Pima County Ordinance is noteworthy be- cause it recognizes that some very limited business uses are frequently appropriate in connection with the operation of a motel; the ordinance allows retail shops, personal services, recreational facilities, restaurants and beverage service as an accessory use on the premises of a motel or botel. Plausible Varia lion :i\-Iore plausible variations of tbe special motel zone technique are zoning provisions. designed to open areas along heavily-traveled highways for development by motels, while excluding other commercial uses which could develop if normal commercial zoning were adopted. One example of this type of zoning is the Durham County, North Carolina, Zoning Ordinance which creates a "Highway Commercial District" in which motels, filling statioTI!!, restaurants, retail stores and other businesses which may serve the needs of motorists are permitted to locate. The neces- sity for overnight accommodations along major highways has led the communities of Carmel, N ew York, and Milford, Connecticut, both of which are on parkways, to adopt zoning provisions which permit the construc- tion of motels on land adjacent to parkways, but which exclude most commercial uses. In addition, strict standards are set for motels in those districts so that attractive designs utilizing deep setbacks and low density will result and so that the development of motels in those districts will be compatible with near-by residential areas. Santa Clara County, California, permits motels in what is called the "H-l District" subject to the issuance of an architectural and site control permit. In that district one-famii)r dwellings, agricultural uses, filling stations, restaurants, refreshment stands, nurseries, greenhouses, trailer parks and "retail stores are also permitted. Another variation "is found in the Portland, Oregon, Zoning Ordinance which permits motels as well as hotels in certain apartment house zones, provided the property abuts on a numbered state or federal highway other than " a / limited access throughway. In Tampa, Florida, motels are allowed in the R-3 Multiple Family Zone if the property is located on a state or federal highway, but the site plans must be approved by the Zoning Board of Adjustments after a public hearing. The Duval County, Florida, Zoning Ordinance allows motels in both agricultural 'Zones. In practice, this provision "hould mean tbat motels will, for economic reasons, locate only on the main highways is such zones. "Special Use" Technique The most persuasive evidence that the motel 5till has not achieved general accept. ance in the community mind (tbe local resi. dent has one view while at home, another when touring) is the frequency with which ordinances treat motels as a special use for which special permission to locate must he obtained from local authorities. The '\'pecial use" technique bas come into wide use during the last decade as a means for deferring decisions as to the proper location of what are considered "troublesome" uses. Typically, such uses include trailer camps, gravel pits, race tracks, outdoor theatres-and, motels. The result is that the decision to grant or deny a permit is subject to the almost unlimited discretion of a local hoard. This "technique of procrastination" takes various shapes insofar as motels are con- cern ed_ The least offensive is illustrated by the 1954 zoning ordinance of Kansas City, Missouri, under which motels are only per- mitted in certain commercial zones, hut may also be located in any other zone in 'which they would not otherwis~ be permitted pro- vided a special use permit is obtained from the local zoning authorities, a procedure which involves the approval of the plans and specifications of the "motel to be con- structed. Under the zoning ordinance for the City of Macon and Bibb County, Georgia, motels are listed as a "conditional use" in the multiple-family district. In order to estab. lish a motel in a multiple. family district, an application must be made to the Planning and Zoning Commission and there must be a hearing before that Commission. The Com- mission must find that the establishment of a motel on the property involved would be consistent with the general zoning plan and with the public interest. In addition, mini- mum lot area and lot size restrictions are imposed 50 that no motel can abut too closely upon neighboring property used for perma- nent residential purposes. Under the Moltno- mah County, Oregon, Zoning Ordinance, motels are permitted in the Apartment- Residential A.2 District, but only if a public hearing has been held before the Planning Commision on the proposed motel. The Planning Commision may attach such special conditions relating to set-backs, screening, off. street parking and loading, construction standards, and maintenance as it thinks neces- sary to protect the public and the adjacent properties. Du Page County, Illinois, allows motels in any residential zone provided a special use permit is secured from the County Board. To obtain a permit, an applica- tion is made to the Zoning Board, which holds a hearing on the application and makes a recommendation to the County Board with respect to whether the pennit should be issued. Highly Restricth'e Provisions Not all communities have used the special use device solely as a method of permitting motels in residential zones upon special dis. pensation_ Some municipalities and counties will not permit motels anywhere within the corporate limits unless a special use permit has been obtained, and among these com- munities are found some of the most highly restrictive provisions with respect to motels. Under the St. Joseph County, Indiana, Zon- ing Ordinance, motels are not a penuitted use in any district, but are classified as special uses in the Limited and General Commercial Districts and the Industrial Dis- trict. The Board of Zoning Appeals is em- powered, before granting a permit for the establishment of a motel as a special use, to "establish appropriate conditions and safe- guards as "a",part of such permission." The Talbot County;,Maryland, Zoning Ordinance does not pennih motels anywhere in the county unless a special use pennit is granted. Including motels in tbe category of "tourist cabin camps," the ordinance lists motels as a special use along with "junkyards, hulk petroleum storage, gravel pit'si',commercial poultry processing, sawmills and canning fac. tories! However, only motels, trailer coach parks, tourist cabin camps and outdoor theatres are subjected to any additional reo strictions_ In order to grant a special use permit, the Board of Zoning Appeals must find that the use of the property as a motel will not constitute a nuisance because of noise, sanitary conditions or traffic, and that it wiU not affect adversely the ,present char- acter of future development of the surround- ing residential community. A minimum lot area of five acres and a minimum frontage of 200 feet is required by the ordinance, and other requirements relating to land. scaping, open yards and the location of the units on the premises are also imposed. The restrictions in the Talbot County Ordinance placed on motels are not especially burden- some in themselves, but it is noteworthy that not even as unsympathetic a use of land as a junkyard is regulated as closely by the zoning ordinance as are motels-proof that the old prejudices do not die easily. Perhaps the most restrictive regulations examined in connection with this article are those imposed by Marietta, Georgia. The ordinance classifies motels as a "tourist camp or tourist court" and does not permit their establishment in the city unless a special use permit has been obtained. Application for a permit is made by filing plans and specifications. In addition, there are minimum lot area, lot size and land use density provisions. Private bathrooms are required. The permit which is subse- quently issued is for an indefinite period and the ordinance provides that it can be re- voked at any time. Mixed in with the zoning provisions are other conditions, which must be met in order to keep the permit in force, relating to plumbing, electrical wiring, and olher matters properly the province of the building code, and matters relating to sanitary facilities which are properly the domain of the health department. The owner of the motel and all of his employees are required to be finerprintecl and to have periodic health examinations. Local Bias This diversified treatment of motels, of which these referenecs are only illustrative, might make sense if it could he assumed that the non-uniformity of regulation were based upon a careful analysis of the char. acter of each community and a recognition of the varied demand for motel facilities. Un- fortunately, it is equally plausible to argue that in many communities the classification of the motel in the zoning ordinance is noth. iug more than a reflection of local bias. The frequent attempts in zoning ordinances to distinguish between "hotels" and "motels" appear to bear out this unhappy conclusion. The failure of many zoning ordinances to take account of the increasing diversity of the motel function is reflected in the dis. tinctions that are found in ordinances between hotels and motels. Although a variety of dif- ferent definitions of motels and botels have been incorporated in zoning ordinances, no satisfactory functional distinction seems to have been found. Definitions based on the physical characteristics of hotels and motels are common, but no one solution offers the flexiLility that is required if an appropriate place for all types of motels is to be found in the community. Hotel and Motel Definitions The Evansville, Indiana, Ordinance defines a hotel as: "A building or portions thereof used for more or less temporary occupancy of in- dividuals who are lodged with or without meals and in which provision for cooking is made preponderantly in a central kitchen and not in the individual rooms or suites," Motels are distinguished as: "A pennanent building or group of build- ings containing rooms without cooking facilities, used, rented or hired out for the more or less temporary occupancy of over- night gue~ts." Motels Are Limited On the hasis of this distinction, hotels are pennitted in the multiple family residential zone while motels are limited to the down- town business and the general business zones. The Des Moines. Iowa, Zoning Ordinance defines a hotel as "a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or a lodging house," and a motel is defined as "a building or group of attached or detached buildings containing individual sleeping or living units for overnight auto tourists, with garage attached or parking facilities conveniently located to each such unit," Hotels and motels are both allowed in high-density multiple. family residence dis- tricts and in commercial districts, but motels are required to comply wilh larger minimum lot area regulations. Thus the question of whether a particular building is to be classed as a hotel or as a motel may determine whether. the requirements of the zoning or- dinance can be met. The device of limiting the definition of motels to accommodations that ca-tcr to "overnight auto tourists" takes account of only one of the possible forms that motels may take and leaves the classifi. cation of .other types of motels entirely am- biguous. The writers have been advised that an attempt has been made to eliminate the ambiguity in the Des Moines Ordinance with an administrative interpretation that if access to sleeping rooms is only through a common lobby, then the structure wUl be considered to be a hotel. / Administrath"c Interpretation The administrative interpretation that is applied in Des Moines has been wriuen into the definition section of a number of or- dinances. For example, the Metropolitan Dade County (Florida) Zoning Ordinance de- fines a hotel as; "A building occupied as the more or less temporary residence of individuals who are lodgea, with or without meals, and in which there are ten or more sleeping rooms , and no provisions made for cooking in any individual room or apartment, and entrance is through a common lobby or office." A "motel or motor motel" is limited to; "A building or group of twn or more buildings designed to provide sleeping ac- commodations for transient or overnight guests with no common entrance or lobby. Each building shall contain a minimum of ten residential units or rooms, which gen- erally have direct private openings to a street, drive, court, patio, etc." 14Common Lohby" Distinction The New Orleans, Louisiana, Zoning Ordi. nance uses the "common lobby" distinction with an additional provision which reflects a moralizing attitude toward motels. In that ordinance, a hotel is defined as: "A building containing twenty (20) or more individual sleeping rooms or suites, having each a private bathroom attached thereto, for the purpose of providing overnight lodging facilities to the general public for compensation with or without meals, ex- cluding "accommodations for employees, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours." Other municipalities ha....e adopted more detailed definitions in an attempt to differ- entiale between hotels and motels. The Kan- sas City, Missouri, Zoning Ordinance defines a motel as: "A motorist's hotel where no portion of the building is over two (2) stories in height and where at least fifty (50) per cent or more of the guest rooms are on the ground floor level and open directly on a private roadway or court, and where at least one parking space is provided for each guest room." Pa..tly Descriplive, Partly Functional The Du Page County (lJIinois) Zoning Or. dinance, after limiting hotels to buildings which provide "a common entrance, lobby, halls and stairways," defines motels as: "An establishment consisting of a group of attached living or sleeping accommodations with individual bathrooms, and designed for use by transients. A motel fumishes customary hotel services such as maid serv- ice and laundering of Hnen, telephone and secretarial or desk service, and the use and upkeep of furniturc. In a motel less than 50% of the living and sleeping accommoda- tions are occupied or designed for occu. pancy by persons other than transient auto- mobile tourists." The partly descriptive, partly functional defi- nition in the Du Page Ordinance in effect confines the definition of motel to those lodgings with relatively high standards of service. By definition, the less attractive "tourist cabin" has been eliminated. Treatment Vades Not all zoning ordinances provide more restnctIve treatment for motels than hotels. For example, in the Traverse City, Michigan, Zoning Ordinance motels are permitted in the special motel zone previously mentioned. only if restaurants and retail and commercial facilities arc not established in connection with the motel. Gatlinburg, Tennessee, has adopted a similar limitation which permits motels in one of the two residential dis- tricts in the community provided the motel does not have a public dining room. Hotels and motels with public dining rooms are restricted to the business district. The pro. visions of the Seattle, Washington, Zoning Ordinance permit motels as a "principal con- ditional use" in a low-density multiple-resi- dence district from which hotels are excluded. In order to qualify, the motel site must be on a major arterial highway and confono to conditions relating to the type of facilities to be offered, the size of the lot and the type of signs used, but such restrictions are reasonable when designed to insure that the motel will be compatible with the adjacent residential property. In ennt"" 'nse Qrdinanees which allow motels in lower density, more restrictive dig. triets than hotels, some communities provide much more favorable treatment for hotels than for motels. The Mobile, Alabama, Zon- ing Ordinance apparently limits motels to the indJ;lstriBl districts-a restraint not imposed on hotels. Aud the Village of Ardsley, New York, forbids motels anywhere within the village limits-a prohibition that is not appli- cable to hotels. Relatively few communities have been will. ing to concede that there is no rational dis- tinction between a motel and a hotel. The planning consultant to Niagara Falls, New Y (Irk, has recommended that the proposed Niagara Falls, New York, Zoning Ordinance contain only a single definition of a hotel as: "Any building or portion thereof or any building group which contains sleeping accommodations in ten or more rooms for persons who are not members of a family as defined in the section, whether such establishment is designated as a hotel, inn, automobile court, motel, motor hotel, motor reD . inn, motor lodge or otherwise." The acceptance of hotels and motels as being sufficiently similar to allow the same zoning regulations to be applicable to bl}th has met with acceptance in other ordinances. The City of Los Angeles, California, treats hotels and motels without kitchen facilities as the same type of use and permits both in some high density residential districts as well as in most commercial districts. In the Broward County (Florida) Zoning Ordinance, hotels and motels are both permitted in two special districts, one of which is called the Motel District and the other the Hotel District. More restrictive height, bulk, lot size and yard area requirements are imposed in the former district than in the latter, but the restrictions are equally applicable to hotels and motels. Tbis study of contemporary regulation of motels through zoning ordinances will con. clude with an analysis of the aUitudes of the courts toward these provisions and with some proposals for a more rational legislative treatment of this type of land use. ~ olU ~ It "' ')4 " " %>: 01 PHONE ~ IN EVERY ROOM ~, -- L- . You are carrying between your ears the experience and ability to adapt proven profit.making ideas to your operation. You'll find some of these ideas in: There'8 a gold mine under your hat '(;) "~"':' ,~ , QJ'~ . "'''<' . , ...... . ~:""'. ", '; ~\ <$~' ~ ~ Purchasing and Operating for Motel Owners A selection of articles that have appeared in American Motel Magazine on purchasing and operating. It's easy to buy supplies and equipment, but it's not always so easy to know what's the best type to buy for your own needs. This book may help you buy wiser and more profitably. $2.00 postpaid. Available from AMERICAN MOTEL MAGAZINE 5 S. Wabash Ave., Chicago 3, Ill. All orders sent postpaid-No C.O.D.'s please.