Dobo v. ZON. BD. OF ADJUST. OF WILMINGTON

I concur in the result reached by the majority in parts I, IIB, and IIC of their opinion. I respectfully dissent from part IIA of the majority’s opinion as I would hold that petitioners’ actual use of the Wood-Mizer portable band saw does not violate the Zoning Ordinance.

IIA.

Petitioners argue that the Board’s decision was not supported by competent evidence, and is arbitrary and capricious. I agree. Section 19-6 of the Zoning Ordinance defines the term “accessory use”:

Accessory use or structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate…