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We live in suburbia in an area with 1 1/2 acre lots. It's zoned residential. 150 wide x 450 typical lot size
A few years ago, a couple move in next door. They cut down all the trees in the backyard. Put in a pool, grass area, fenced in the entire back yard. Chain link on sides and back. 6' Stockade with double wide doors at the end of the existing driveway to the backyard.
He runs some sort of landscaping / hardscaping business. In the back of the backyard he put up a 30'x40' barn and added a gravel driveway from the existing driveway at the front / side entrance of the house back to the barn and past that. He has several lightweight carport type of coverings along the gravel driveway and a 10x10 shed.
Some days / weeks, there's no activity. Other weeks, guys are coming there as early as 6:30 - 7AM. Through the day there's coming and going of 2 different stake trucks, an open trailer that takes and returns 1 of the 3 different excavators (front end loaders?) and / or a closed trailer that his branded with the company name that are on the property. And people (likely not him) bring tree stumps / logs in the open trailer and put them in the far back of the property.
I brought the issue to the zoning official attention 2 years ago. They said that's not allowed, they said they spoke to the owner and he was moving things off the property and I should get back to zoning if the problem persists.
Over the last couple years, we've told zoning a few times more. But he's been putting in the pool, deck, gazebo, etc. So I balanced complaining with him saying they are there to build the stuff on his lot that he did get a building permit for.
But since the start of '24, we've been emailing pics / videos and getting no action from the town. They told us 'he's building his barn'. Which started a couple weeks after this other activity. While a 30x40 barn is allowed on the property / the town approved it, I would bet it's his intention to keep things for his business in there rather than exposed to elements. And it's an eyesore. Rather than lean on him before it got built and he thinks twice about the expense if he won't get to use it, it's up now.
Oh, from what I know, he's a cop in a nearby town. So a fellow municipal (but diff town) employee to those I am complaining to. Are they giving him the benefit of the doubt?
Again, weeks can go by with minimal activity. Then spurts for a week or 2. It's his part time job? He lines up the work and has people that do the work while he's at work? (not even like a plumber coming home at end of day with his plumbing truck).
Or is he getting coached by the zoning people in the town he works? 'do it no more than 1 week a month... they won't bother you'?
They say they've spoken to him a few times now over the last couple years and he has 'stories' they tell me. And they don't do more.
Is my town is just lethargic?
We called the town manager and 'he's looking into it'. If that doesn't get him to stop....
Anyone know? Does a resident have standing to get the town to enforce their zoning regs? Standing as in having to go to court? Town? County? State court? And the cost of a lawyer to make sure we do it right? Can't get the town to pay his fees if judge rules against town?
And getting him to stop? If there's a zoning regulation that's violated... They issue a fine. The owner can contest it? In court? or at a zoning board hearing? Do they adjudicate zoning violations?
Any advice / knowledge of this type of situation, I'd appreciate it.
You should consult a real estate attorney to clarify your rights and whatever recourse you have/are entitled to. I am not and cannot offer legal advice.
Other than the fact that this person is using their property to store their stuff, what is your complaint? Is it unnecessarily loud for extended periods of time? There must be a reason why you are complaining about how they use their property.
Sounds like he may be running an excavation equipment business on his property which, presumably, is zoned for single family use. Backhoes, endloaders, box trailers, etc are not things that are typically used in the maintenance of a residential yard.
There may be deed restrictions and there may also be zoning laws that would prohibit his usage of his residential property as a construction equipment storage yard.
@terracore - yes, storing commercial equipment. And the subsequent coming and going of people / trucks / trailers to take the equipment, bring it back, etc. storing of commercial equipment and materials along with running a business aren't allowed in a residentially zoned area, like @chas863 described.
And yeah, I realize there's a line here somewhere.... what he's allowed to do with the property / what he's allowed to buy...the 30 x 40' barn is allowed on the property. People are allowed to have 'toys', even if they are heavy machinery. Did I mention he typically has 3 of these backhoes / endloaders in the yard..
It's what he does with them. my wife joked - with the pool, deck, gazebo, grass area, driveway the depth of the property and the barn, he doesn't have much open land to play / dig holes with his toys. That's not my concern. But using the allowed barn to store commercial equipment and the subsequent coming and going of stake trucks (that sometimes are in the backyard) and trailers, that's not allowed. As a cop, does he think he's above the law? Or our zoning people asleep or cutting him a break?
@dontaskwhy - yes, that's what we're planning to do. Just wondered if people had experience with trying to run a business on their property or dealing with a neighbor that was... and how that worked out.
We live in suburbia in an area with 1 1/2 acre lots. It's zoned residential. 150 wide x 450 typical lot size
A few years ago, a couple move in next door. They cut down all the trees in the backyard. Put in a pool, grass area, fenced in the entire back yard. Chain link on sides and back. 6' Stockade with double wide doors at the end of the existing driveway to the backyard.
He runs some sort of landscaping / hardscaping business. In the back of the backyard he put up a 30'x40' barn and added a gravel driveway from the existing driveway at the front / side entrance of the house back to the barn and past that. He has several lightweight carport type of coverings along the gravel driveway and a 10x10 shed.
Some days / weeks, there's no activity. Other weeks, guys are coming there as early as 6:30 - 7AM. Through the day there's coming and going of 2 different stake trucks, an open trailer that takes and returns 1 of the 3 different excavators (front end loaders?) and / or a closed trailer that his branded with the company name that are on the property. And people (likely not him) bring tree stumps / logs in the open trailer and put them in the far back of the property.
I brought the issue to the zoning official attention 2 years ago. They said that's not allowed, they said they spoke to the owner and he was moving things off the property and I should get back to zoning if the problem persists.
Over the last couple years, we've told zoning a few times more. But he's been putting in the pool, deck, gazebo, etc. So I balanced complaining with him saying they are there to build the stuff on his lot that he did get a building permit for.
But since the start of '24, we've been emailing pics / videos and getting no action from the town. They told us 'he's building his barn'. Which started a couple weeks after this other activity. While a 30x40 barn is allowed on the property / the town approved it, I would bet it's his intention to keep things for his business in there rather than exposed to elements. And it's an eyesore. Rather than lean on him before it got built and he thinks twice about the expense if he won't get to use it, it's up now.
Oh, from what I know, he's a cop in a nearby town. So a fellow municipal (but diff town) employee to those I am complaining to. Are they giving him the benefit of the doubt?
Again, weeks can go by with minimal activity. Then spurts for a week or 2. It's his part time job? He lines up the work and has people that do the work while he's at work? (not even like a plumber coming home at end of day with his plumbing truck).
Or is he getting coached by the zoning people in the town he works? 'do it no more than 1 week a month... they won't bother you'?
They say they've spoken to him a few times now over the last couple years and he has 'stories' they tell me. And they don't do more.
Is my town is just lethargic?
We called the town manager and 'he's looking into it'. If that doesn't get him to stop....
Anyone know? Does a resident have standing to get the town to enforce their zoning regs? Standing as in having to go to court? Town? County? State court? And the cost of a lawyer to make sure we do it right? Can't get the town to pay his fees if judge rules against town?
And getting him to stop? If there's a zoning regulation that's violated... They issue a fine. The owner can contest it? In court? or at a zoning board hearing? Do they adjudicate zoning violations?
Any advice / knowledge of this type of situation, I'd appreciate it.
Different municipalities have different rules. If you provided the town and State then others might be able to provide more useful answers. Until that time the only real answer for you is sell and move or hire an Attorney to fight it if you are not happy and can not obtain satisfaction from your local town officials.
If your local government is not being responsive you need local legal advice. But from experience, don't stop with the hired town manager. Talk to the elected officials - Mayor, town board, etc. The Town staff (including the Town Manager) is ultimately responsible to them. If they cannot explain the situation than you need a lawyer who can start legal actions at a higher level.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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I'd be surprised if the city has an actual ban on home based businesses, especially post-pandemic. Perhaps the laws there were even changed since your complaint two years ago. Here in our city there are close to 1,000 home based business, licensed and approved by the city. I ran mine from home for a few years, and just had to follow rules, such as:
Only one sign, no bigger than 12"x18"
No more than two customer vehicles at a time
Cannot use more than 50% of the home square footage
No more than 3 non-resident employees on premises
All business by appointment
One neighbor has a lift in his garage and does auto repair in it. Similar to your situation, one guy operates a landscaping business out of his home, with several trailers and small tractors in the yard.
Several of the local homes with acreage are doing storage of RVs and boats on their property. This is in Sammamish, WA where the median home value is at $1.7 million.
This thread could be the poster child for the benefits of an HOA. (For some people, not ALL people.)
Yep. I'm glad that I live in a nice quiet HOA neighborhood where the only time we see construction equipment is if someone is having a new roof put on or a swimming pool added, and the only time we see more than 2 vehicles on a property is if someone is having a Superbowl Party. And people don't have to pay anywhere close to $1.7 million to buy a nice home here in our quiet residential neighborhood.
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