The BCZR contains a confusing set of regulations, exceptions, and exceptions to exceptions regarding where gas station may be located. This has been complicated by a number of "Special Bills" to allow them in specific locations where not otherwise allowed (more exceptions).
To further confuse the issue - the term "Automotive Service Station" (not to be confused with (Service Garage") was changed to "Fuel Service Station" (see 405.1.C), but the term "Automotive Service Station" remains in numerous places. The BCZR needs a lot of clean-up and some simple editorial fixes.
Zoning case 2017-0241-SPHA, signed 3 May 2017, quoted part of BCZR §405.2 as "no part of a lot [may be] within 100 feet of a residentially zoned property" and granted a variance. This section of the BCZR had been changed by Bill 87-2016 passed 19 Dec 2016 to read "no fuel servicing spaces are within 100 feet of a D.R., R.C., or R.A.E. zoned property". I filed a motion to modify the Order, which was granted.
BCZR §: 405-2.A states in part: "A fuel service station is permitted by right ... provided that no fuel servicing spaces [gas pumps] are within 100 ft of [residential] zoned, or an R.O. property unless located on as arterial street, and is integrated with ..." It is impossible to know whether the "unless on an arterial street" applies only to the R.O. part, or the entire previous part of the sentence.
BCZR § 405.2.B.2 (as enacted in Bill 104-2018) allows a gas station by Special Exception under certain conditions, including being "on a principal arterial roadway". There is no longer such a road classification. (The point is somewhat moot, since the planned gas station intended to be allowed by this Bill never happended.)
The changes needed to the BCZR include the following:
- Remove all special exceptions and conditions
- Only allowance should be by underlying zone and AS District designation
- Only restrictions should be based on size of parcel and setbacks from other (lower) zones
- Prohibit variances on setbacks from residential