DaPurificacao v. Zoning Board of Adjustment of the Township of Union
Superior Court of New Jersey
873 A.2d 582 (2005)
Relevant factsFree
Manuel DaPurificacao (plaintiff) built a coop for roughly 85 pigeons on his single-family residential property in Union Township, and no other pigeon coops existed anywhere in the 52,000-person township at the time of his hearing; the Zoning Board (defendant) denied his application to have the coop classified as a permissible accessory use, and he was separately convicted in municipal court of violating the zoning ordinance, with both matters consolidated on appeal.
IssueFree
Whether a land use is an implied accessory use if it is incidental to the principal use in that it is subordinate to and bears a reasonable relationship to the principal use.