How Can I Open a Business if the City Codes Don't Allow My Business?

Full Question:

The city Iam currently in the proccess of opening my own Oxygen Soma Spa is making it very difficult for me to have a health and wellness facility to share my services due to their codes which do not apply to be when stated Iam an Adult Buisness. this code has no such wording for a state lisenced profession massage therapist, it all it subject to sexual conduct and pornagraphy. I need assistance!
06/23/2011   |   Category: Zoning   |   State: California   |   #25084

Answer:

It may be possible to petition for a special use permit or variance. The most common way of providing relief from the provisions of a zoning ordinance is through the granting of a variance. This is an authorization to use land or to operate a business in a way that would otherwise be prohibited by the zoning ordinance. It is also used to give relief from, or permit reduction of, one or more requirements of the ordinance as applied to a particular site.

An appeal is usually made by the completion and filing of an appeal form as required by local procedures, and should include the specific reason for the appeal. The appeal may be brought by a person (the property owner, lessee or option holder) aggrieved by the refusal of the building inspector or designated administrative officer to approve an action, or by a person aggrieved because another person’s proposal was approved, or by a person who has been cited for a violation of the zoning regulations.

We suggest contacting the local zoning board or land use commission, or having a local attorney review all the facts and documents involved.