Zoning The RURAL Out of Our Little Community #2

Before I start this next installment, please consider this idea: to preserve the RURAL nature of our community we need to make the zoning simple, and base it on the ideas of individual freedom balanced by fairness and caring for one's neighbors.

Trying to "fix" our zoning laws by exponentially increasing the definitions and requirements for special use permits is going in exactly the wrong direction IMO.

Today's example goes back to the question of sheds. Where are sheds allowed on one's property? In researching setbacks for non-residential structures, only one zoning area even has a set of setbacks defined for "other uses" (i.e. - not the primary residence). By our zoning law, which clearly states that if something isn't defined/mentioned in our laws it is "not allowed", you can have a shed but you can't locate it on your property. Of the five zones (A1, A2, AR, A, B), only B - Business lists setbacks for other buildings and it's clear that the intent is for locating a business structure such as factory/shop.

Now, lets do a little more research. What is the setback for a rear yard? First, what is a rear yard? By definition, a Yard, Rear - "That area extending across the entire width of the lot between the rear wall of the principal building and the rear line of the lot, and unoccupied except for parking, loading and unloading space, and garages and carports". Please note that the italics are mine. BY DEFINITION, you can't put a shed in a back yard because a back yard is UNOCCUPIED except for the defined usage.

Now, going back to my idea of preserving the RURAL nature of our community, how can we locate sheds simply. Lumping all non-residence structures together, I suggest that they be allowed anywhere on the property within 10' of side and rear property lines. This leaves room for owners to maintain the structures while not walking on the neighbor's property. This would be Permit By Right and structures under 150 square feet would not require a permit at all if meeting the setback and NOT obstructing the neighbor's view of the lake. If the location of the proposed building would be less than 10' from the property line, an Area Variance would be needed. As for the setback from the front, I believe even our residential setback is too restrictive. Certainly this should be discussed.

Notice that the idea is to be the least restrictive on the property owner while not inconveniencing the neighbor.

IMO setbacks in all zones for non-residential structures should be set at 10' for side and rear property lines. Structures under 150 square feet (sheds, dog houses, play houses, etc.) would not require permits if located 10' or more from the property lines. Simple.

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.