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Board allows resumption of warehouse use at Caprice Drive property after owner details repairs

5523800 · August 1, 2025
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Summary

The Board of Zoning Appeals approved continuation of a nonconforming warehouse use at 4680 Caprice Drive, finding the owner’s planned repairs and proposed limited dock improvements supported resuming warehousing despite 15 months of vacancy.

The Board of Zoning Appeals on July 2 approved an application to continue a nonconforming warehouse use at 4680 Caprice Drive, citing the site’s design and the applicant’s planned repairs.

Planning staff member Miss Savage said the property had an issued certificate of zoning compliance recognizing a legal nonconforming warehouse use, most recently on Feb. 13, 2024. Savage told the board that Middletown Development Code chapter 12.24.05 states that if a nonconforming use is discontinued for more than 12 consecutive months, it may not be resumed, but the board may determine whether continuance is permitted in a particular case.

The applicant (2 AM…

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