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Thread: Questions about a zoning scenario

  1. #1
    Member
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    Northeast
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    Questions about a zoning scenario

    I am a little confused about the following scenario. Would you please give me some suggestions?

    Citizen A has a parcel in B-1 district in a town. He wants to open a retail store to sell seafood. According to the town zoning ordinance, seafood retail stores are not allowed in B-1 district, but are allowed in B-2 district.

    However, according to the comprehensive plan, no retail stores are allowed in the area where the parcel locates.
    Three options are suggested by the citizen:
    1. Apply variance from BZA
    2. Rezone the property
    3. Apply zoning ordinance amendment through a conditional use permit

    I think all of these options do not work because of the following reasons:

    Option 1: It is not a physical hardship, thus, itís not eligible for a variance;
    Option 2: Even though it could be rezoned from B-1 to B-2, it is still against the comp plan;
    Option 3: It is still against the comp plan after the zoning ordinance amendment.

    Am I right for the judgment on these options?

    In my opinion, to have this proposed project work out, the citizen could apply comprehensive plan amendment first, then rezone the property from B-1 to B-2.
    Do you have any suggestions? Your kindly help is highly appreciated. Thanks!

  2. #2
    Cyburbian solarstar's avatar
    Registered
    Aug 2002
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    Florida
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    In a perfect world, based on the info you've provided it sounds like you are correct. I think it would just depend on how willing your jurisdiction is to hold tight to the comp plan. We've had this situation here with slightly different parameters, and did require an amendment to the comp plan first. (It was unsuccessful).

  3. #3
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    Thanks a lot!

    Thank you for sharing!


    Quote Originally posted by solarstar View post
    In a perfect world, based on the info you've provided it sounds like you are correct. I think it would just depend on how willing your jurisdiction is to hold tight to the comp plan. We've had this situation here with slightly different parameters, and did require an amendment to the comp plan first. (It was unsuccessful).

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