Fontaine v. Peitz

Ness, Chief Justice:

This is an appeal from an order which upheld the Charleston Board of Adjustment’s denial of a zoning variance requested by appellant Fontaine. We remand for further proceedings.

Fontaine bought a home at 37 State Street in Charleston in 1958. Through the years, Fontaine occasionally rented rooms to visitors on a “bed and breakfast” arrangement. In 1984, the City of Charleston adopted a zoning ordinance which required a business license for the operation of bed and breakfast establishments.

Fontaine applied for a business license, asserting he quálified under the provisions…