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Zoning board denies request to run charter-bus fleet from Burns Harbor home, orders buses removed in 60 days
Summary
A Burns Harbor zoning board denied a homeowner’s request to continue operating five charter buses from a residential property, rejecting both a use variance and a development-standards variance and giving the operator 60 days to relocate the buses; administrative work at the house was permitted if buses were parked elsewhere.
The Burns Harbor zoning board rejected a request to operate a five-bus charter service from a residential property and ordered the buses removed within 60 days. The board said the operation did not meet the code’s home-occupation criteria and noted the vehicles likely exceed local weight limits for residential districts.
Josephine Webb, who identified herself as representing Eclipse Charters and Tours, told the board the business was established in 1997, moved charter buses to the property in 2018 and currently operates five coaches with seven drivers. “We are requesting that we operate our business out of our home,” Webb said during the public hearing.
Board members and staff reviewed the property’s zoning history. Board members said the parcel had previously carried a commercial designation and that the owner obtained a residential permit after the town rezoned the parcel; staff said the buses were stored on the site beginning in 2018. The board’s legal and technical review cited the town’s home-occupation rule (referenced during the hearing as section 15-13-1) and a vehicle-weight threshold used in the design guidance: vehicles above 26,000 pounds are considered heavy and are generally permitted only in industrial zones.
During deliberations, a member summarized the core problem: administrative tasks run from a home may qualify as a home occupation, “but the buses being there is materially changing things,” and the presence of drivers coming and going and on-site vehicle activity meant the operation did not meet the town’s home-occupation limits. The board moved to deny both the use variance and the development-standards variance. The motion was amended to align the code reference to the weight threshold and to give the applicant time to relocate vehicles; the board set a 60-day period for the buses to be moved.
The board noted that if the buses were parked elsewhere and only administrative functions (booking, payroll, dispatch) continued at the house, those activities could meet the home-occupation criteria and would not require the variances. Board members advised the applicant that an appeal may be filed with the town council and suggested seeking legal counsel; staff also said the building commissioner would need to verify compliance before any citation could be issued.
The board completed a recorded vote accepting the motion to deny the variances and to require removal of the buses within 60 days. The applicant was told she could pursue an appeal with the town council.
