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!