Zoning Laws Gone Wild

In today's Cincinnati Enquirer, is a story about a small business owner who by putting up picnic tables was found to be breaking zoning laws.

http://news.enquirer.com/apps/pbcs.dll/article?AID=/20070112/NEWS01/301120008

Chris Torbeck, the owner of the Zip Dip ice cream emporium in Green Township is being told by the zoning board that he is not allowed to put up picnic tables in the back of his business.

Is the reason because it puts his customers in harms way? No.
Is it a fire hazard? No.
Is it even an eye soar? No.
The reason is that the plot of land behind his business is zoned residential. If he puts up picnic tables, then it is being used for business purposes (oh the humanity!).

So Mr Torbeck requested a zoning variance.

That was denied because his business pre-dates local zoning laws, so it is not required to be compliant with zoning laws. Unfortunately, the only way he can legally allow his customers to enjoy ice cream on his premises, is to move his business onto the land behind his business (which is zoned residential), request a variance, and build a brand new building. Mr Torbeck estimates all of that would cost him $300,000!

Silly zoning laws seems to be hurting this small business. If this happened to a new business, they could apply for a variance. Instead, since this small business never outgrew it's original location, they are forced to pay big bucks to offer a place for his customers to eat.

With laws like this, is it any wonder why so many people and businesses are moving out of the old city and into the surrounding suburbs?