Zoning ordinance and variance example

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The owner of a small deli wishes to open another location on the other side of town.  After signing a lease for the new property, the owner learns that the neighborhood in which he plans to build was recently zoned for residential use only. 

The new zoning ordinance took effect just last month, and several coffee shops in the neighborhood were "grandfathered in" and permitted to continue operations. 

The deli owner applies for a variance.  The variance application argues that the deli would not produce significant amounts of noise and would not alter the aesthetic appeal of the neighborhood.  The application also points to the coffee shops in the area, which are owned by national chains, and urges the city zoning board to support local business. 

After some consideration, the zoning board issues a variance and grants a zoning permit for the new deli.