Sunday, October 25, 2009

Zoning The RURAL Out of Our Little Town - #1

This had been a long time percolating in my brain.

In trying to keep the "Rural" aspect of our town, we are zoning it out of existence.

Our town is : the smell of manure as it goes past our house, on it's way from the farm to a field where it will be spread and will help produce food for animals and humans.

Our town is: the neighbor who paints their house a tacky color (by today's standards)

Our town is: people trying to enjoy the property that they own.

Our town is: live and let live.

So the question is, what constitutes a "Rural", how do we keep our town rural, and can zoning and a comprehensive plan do that?

My understanding of the "Rural" way of life is that it gives the most freedom to individual land owners, whether you like what they do on their property or not, while continuing to help them in time of need and keeping your heart charitable towards them.

Here's where (in my opinion - IMO) we are going totally in the wrong direction. We should be trying to minimize the number of rules that apply to owner land usage (very rural concept) while maintaining basic safety issues and some common sense rural ideals.

The current zoning law has a statement in it that says "if something is not stated or defined in this law, then it is not allowed". Not exactly a freedom lover's statement IMO. Because of omissions, inconsistencies, and just basic poorly thought out laws, this "not allowed" statement totally confounds the reasonable approach to "Rural" zoning. Breathing is not specifically stated as allowed so by this law, it is not allowed. Dog houses are not stated as allowed so technically they are not allowed. DUH - we live in a Rural community so who's business is it to tell us we can or can not have a dog house.

There are no set-backs listed for other structures (i.e. not houses) in several zones. Ergo, while the structure may be allowed, since there is no allowable set-back listed, you can not possibly legally locate your structure IMO. Mind you, reasonable minds have OK such structures using their own reasonable setbacks but technically, that's not written in the law and therefore it is illegal.

If your zone does have a set-back for "other structures", why do we have to have a permit to set a shed on our property (any property we own)? Why can't any structure under 150 square feet be by right? Why can't you have multiple such structures on your property? Who's business is it to say you can or can't have a structure under 150 square feet on property that you own but has no residence on it? For some reason, sheds have been singled out to require more zoning ifs/ands/or buts! You can have multiple accessory buildings (over 150 square feet) but only one shed (under 150 square feet). IMO you should be allowed as many structures under 150 square feet as you wish. Call it a shed, a chicken coop, a potting shed, a wood shed, a changing room, a dog house, I just don't care. If you want it, if it is located 5' or 10' inside your property line, AND if it doesn't block your neighbor's view of the lake (mostly), IMO you can have as many as you like. It's your property, enjoy it. IMO that preserves the "Rural" characteristic of our town.

Just to point out how inconsistent our zoning laws are, take "hunting stands" as an example. They are not listed as allowed, ergo, they should be forbidden. Well, people have them and the zoning officer has traditionally ignored them. Pretty much, most of the wood constructed hunting stands are just sheds located 20+ feet off of the ground. In a "Rural" community, this seems to be accepted and OK. IMO it is OK. Taking that one step further, if a shed located 20 feet in the air is OK, then a shed located on the ground is even better - safer for the community while allowing the land owner free use of his land as he see's fit.

Check back for more articles on how we are zoning the RURAL out of our community. It's time to get the zoning juggernaut stopped and reversed. It's your property because you want to enjoy it. Learn to accept and promote the same freedom for your neighbor. Get in a RURAL frame of mind.

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