StLouisBurbs wrote:
A developer is currently in the wrong zoning district for a group home for troubled youth. This developer is requesting from the Board of Adjustment for a variance to allow the group home to exist in the district. Has anyone ever heard of such a thing?
Yup ... in poorly managed municipalities.
The majority of state planning enabling acts prohibit use variances; it's using a judicial process (the variance) when a legislative solution (rezoning) is available to make the same request. Separation of power, you know.
I think, though, you're seeing the result of a poorly written zoning code. Group homes may be permitted as a "special use" or "special exception." Usually, a special use is granted by the legislative bodies (Planning and Zoning Board, appeal to or final approval by the City Council, Town Commission, Town Board or whatever). The code may permit group homes as a special exception -- with special exception approval through the Board of Adjustment (which normally hears variance requests) instead of a legislative body.
The only way I see the B of A considering a "use variance" is if the applicant was appealing a denial by te planner; the B of A serves its judicial role and hears a request to interpret the zoning regulations.