As a home owner, with much frustration and a number of regrets, I recently graduated from Planning and Zoning kindergarten. The mayor and council has rezoned the lot bordering my home in a new subdivision located in an "overlay district" from R-3 to C-2 to allow for a 24/7 convenience store/automobile service station to butt right up to us.
Apellate case law all over the country has concluded that convenience stores are "automobile service stations".
Here is the city code:
ARTICLE IX. SPECIAL PROVISIONS
Section 96. Automobile service stations.
Within the districts permitting automobile service stations, the following requirements shall apply:
96.1Location. The property on which an automobile service station is located shall not be within one hundred (100) feet of any residential district, or any property containing a school, public playground, church, hospital, public library, institution for children or dependents.
After a state court determines that the "convenience store" who wants to be my neighbor is an "automobile service station" and orders the city to abide by and enforce their own code and not allow it...does all the city have to do is amend the code or find a good reason to ignore it through the use of other definitions, provisions,
As planners and thinkers dealing with these issues, your thoughts,
comments, and recommendations would be greatly appreciated.