I am new to agriculture and have a question about zoning of property. I recently bought 20 acres that are zoned prime agriculture. There are no buildings on it. Five acres are wooded and the rest is open. I want to put some apple trees and other trees on some of it, cultivate a garden and even pasture a few of those cute little Dexters. My problem is The county will not let me build any storage building ie. barn without first building a house. I already have a house in the same township and I don't need another. Does this regulation make any sense to anyone other than a bureaucrat? A 10x12' shed is allowed, just enough for my bicycle and 3 chickens. [img]/forums/images/icons/tongue.gif[/img]
talk to a lawyer and consider applying for a zoning variance this has been done before and succeeded. Lots of politics involved you will have to appear before a zoning board of some kind.... good luck
You will find there are a lot of people who have already decided and put into affect, the laws and regulations that 'decide' for you what you can and cannot do with your property. You may own it, but heaven forbid, that you should be able to decide how you use it.
I figure if the county (or township) wants it without buildings, then they should buy it, take it off the tax roll, and then those who elected them can pay the taxes and the town expenses.
In our township, we had newcomers buy farm land and built residences, then tried to stop all building (heck, they were in, but didn't want anyone else to come in), and only allow replacement housing. They liked the rural setting. To heck with anyone else, this was 'theirs' to decide what you will do with your property.
Property rights have been walked all over lately. It's time to pay attention to who we are voting for in the future.
I hope you can and do get a variance to put up your shed, and if not, that you get reimbursed by the individuals who passed the zoning ordnance that says you can't.
You did not fill out your profile so we do not know what state, etc. that you are in, which may help or not.
We do have similiar laws in my area of North Dakota. What I have seen done, is apply for a building permit for the house and the outbuilding at the same time. Then forget to build the house.
I live in a tourist area of Wisconsin. I went to the courthouse in my cleanest shirt to talk with the planning dept. They advised a variance would not be likely. And the whole matter hinges on the definition of a PRINCIPAL STRUCTURE. They interpret that as a house. Their glossary defines it as a structure for the intended use of the lot. If that ain't a barn on a farm I am living on another planet. My feeling is they have made this ruling in the past and do not want to backpedal. I probably will have to get a lawyer. Should he be an SOB or good ol' boy. [img]/forums/images/icons/mad.gif[/img]
Unless the law is very much on your side (meaning that they are clearly mis-applying the law, or in an arbitrary manner), a lawyer is not likely to do much good. I'd spend the money to at least have an initial consultation, though. AFTER checking for references. He may tell you that you haven't got a chance, in which case you've saved yourself a lot of greif. Or he may say that you're on solid ground and should go ahead. You really need someone who knows zoning issues. Don't go to a criminal lawyer.
When all that is done, though you really need to make your case to the zoning board. They will USUALLY follow the recommendation of the zoning STAFF, but not always. Remember, in most states the STAFF does not have the final say, the BOARD does.
From my experience, in small town politics connections count more than the fine points of the law. Try to find a good ole boy who has the right connections. I'm not implying anything shady here - just that the board is more likely to listen to a lawyer that is also a long time friend than a lawyer that has all the fine points of the law down pat, but is a stranger.
'Forgetting' to build something is not going to fool anybody, and will likely bite you in the long run.
I doubt if you will get very far even with a lawyer's help. Most zoning boards only respond to large amounts of cash/favors greasing the way for developers to get what they want. Of course, you could substitute politicians for zoning boards in that last sentence IMO.
Anyhow, cynicism aside....
You might try submitting plans for a "multi-use" type of barn/dwelling.
Get a set of plans that are for a barn with living quarters on top...then just run out of money to finish the living quarters.
The zoning board should be used to that sort of thing, at least the ones around here are. A zoning/planning board approved a trade of a park with softball fields that was in a prime commercial development spot for a chunk of land out in the boonies, with the developer promising to improve the land in the boonies and build restrooms, concession stands, softball and soccer fields, etc. Ooops, the developer got his land, built a shopping center, but ran out of money and couldn't build the replacement park. So the taxpayers get a chunk of land in the boonies with weeds on it in exchange for a nice lighted recreational area.
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Depending on how much you are going to spend on a building, you could always take the "It's better to ask for forgiveness than permission" route. I personally do not like the government telling me how to live, and some risks are calculated. If you build a $3K building without permission and nobody can see it or notices, then you are done... If you do get noticed, then you may be out $3K. Once the building is in place, most local governments can't force you to take it down, but can put a lien on the property. I would seek legal advice on what the county can and can't do, and then calculate your risk from there...
I don't know about other parts of this great country, but here in Maine the zoning ordinances must be approved by a mjority of the voters at town election (after the required public hearings). So complaining about the 'government' might make you feel better, but it's your friends and neighbors that have defined what you can and can't do.
I sit on the Zoning Board of Appeals (ZBA) in our town. I can tell you that using the "better to ask for forgiveness than permission route" will most often result in your having to pay to have the offending structure removed, including foundation. The Zoning Board (and the Code Enforcement Officer) are required by state law to interpret and follow the ordinances approved by the voters. If you feel that you were wronged by the Zoning Board or CEO, then you have the right to appeal to the ZBA. If you don't like the ZBA decision, then your recourse is the Superior Court.
So, my advice is go ahead... talk to an attorney that specializes in zoning. [img]/forums/images/icons/cool.gif[/img]
I have got the county planner to agree to review a site plan with only a barn as the principal structure. If she denies that she will have to do it in writing. When I look at the definitions, a barn is not a stretch as a principal structure for a farm.
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