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Thread: Heavy industrial machinery on residential land.

  1. #1
    Cyburbian inzane's avatar
    Registered
    Jun 2003
    Location
    kansas
    Posts
    28

    Heavy industrial machinery on residential land.

    I am a planner in a 1st tier suburban city of about 145,000 that was at one time very industrial up until approximately the 1980’s (of course). With the massive layoffs and plant shutdowns, we are now left with a population that is very hard workers and very resourceful. This resourcefulness has created an avalanche of small industrial type businesses that are ran out of normal suburban homes (typically 1/3 to ¼ Acer lots). The businesses range from dump truck excavation, backhoes, septic tank cleaning businesses and one business that creates art by using a sand blaster. As you can imagine it is a zoning and code enforcement nightmare. The “Solution” that the council has came up with is that if the businesses has no EPA problems they will issue a Special Use Permit for anyone that gets caught (Got to keep those voters happy). The arguments that are often used buy the business owners deals with the issue of money. Renting a storage space for the equipment would cost too much. Buying some of the 100’s of Acers of vacant industrial land would defiantly cost too much. But, giving out that many Sup’s seems to negate the zoning code. It also causes issues with the sales of property. More often than not someone buys one of these SUP properties thinking that it is properly zones. The council intern issues another SUP for the new guy and the cycle continues. Has anyone else had to deal with a situation like this or does any one have any ideas that could help.
    “I injured a rock… Hospitalized a brick… I’m so bad I make medicine Sick!!!!”
    Muhammad Ali

  2. #2
    Cyburbian donk's avatar
    Registered
    Sep 2001
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    skating on thin ice
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    6,959
    I've had to deal with this extensively in a very depressed rural city. what we did was make teh home occupation provisions of the by-laws descriptive, vs prescriptive. We also distinguished between "uban" lots and "rural" lots. The basic philosophy was that as long as we don't get complaints the things are within the "norm" of the neighbourhood in which they are located.

    Here they are:

    HOME BUSINESS means a accessory use on a lot that contains a single unit dwelling, which use may entail an office in the dwelling and does entail the storage of not more than a total of 5 commercially licensed vehicles or pieces of equipment for the purpose of performing work at other locations, and limited storage of machinery and materials.

    HOME OCCUPATION means an activity or business, including the manufacturing of goods and the provision of services and the sale of goods, carried out for gain and conducted as a secondary and incidental use of the property as a dwelling unit and subject to the provisions of this By-law.

    HOME OCCUPATION
    3.4.1 This section permits and regulates the conduct of home occupations as a secondary use in a dwelling and / or accessory building, whether owner or renter occupied, and to ensure that such home occupations are compatible with the neighbourhoods in which they are located. The intent is to protect residential areas from adverse effects of activities associated with home occupations, while allowing residents of the community to utilize their homes as a work place and a source of livelihood under certain conditions.

    3.4.2 Any person may carry on or engage in a home occupation on a lot with an existing dwelling unit in which (s)he resides provided the following regulations are complied with:
    a) the home occupation and any accessory buildings are clearly subordinate to the use of the lot for dwelling purposes and shall not change the character thereof;
    b) no structural alterations shall be made to the dwelling which would be inconsistent with future use of the building exclusively as a dwelling;
    c) the residential look and character of the property shall be maintained;
    d) the home occupation shall be conducted entirely within the dwelling or any attached garage or in an unattached accessory building;
    e) the total area used for the home occupation in the dwelling, attached garage or accessory building shall not exceed 25% of the floor area of the dwelling, or 37
    square metres whichever is less;
    f) there is no exterior storage of material or equipment used as a part of the home
    occupation;
    g) signs shall be limited to a single, on site, non illuminated sign with a maximum
    area of 0.4 square metres;
    h) two persons other than family members residing in the dwelling may be engaged in any home occupation;
    i) no traffic is generated in greater volumes or in a manner other than would be
    consistent with that of the residential neighbourhood;
    j) the home occupation shall not create a need for parking that can not be provided on the property or which is inconsistent with the normal parking usage of the neighbourhood;
    k) vehicles used primarily as passenger vehicles shall be permitted in connection with the home occupation. Only one commercially licensed vehicle shall be allowed. This vehicle shall not exceed 1 tonne capacity;
    l) the home occupation does not create or become a public nuisance in particular in
    respect to noise, odours, traffic, parking, dust, vibration or interference with television or radio reception;
    m) no goods or services other than those directly pertaining to the home occupation
    shall be offered for sale or supplied therein or therefrom;
    n) notwithstanding any other provisions of this by-law a home occupation shall not include any of the following uses:
    i) the storage or parking of more than one tractor trailer, semi-trailers on or near a residential property;
    ii) the storage or parking of heavy equipment on or near a residential
    property;
    iii) motor vehicle repair establishment;
    iv) sale or rental of motor vehicles including but not limited to automobiles, ATV’s, travel trailers, boats and / or personal watercraft;
    v) kennel;
    vi) recycling depot;
    vii) salvage yard; and
    viii) taxi stand.

    HOME BUSINESS
    3.4.3 A resident may carry on or engage in a home business on a lot with an existing dwelling unit and located within the appropriate zone, provided the following regulations are complied with:

    a) displays or other external evidence indicating a home business is being conducted on the property shall be limited, signs shall be limited to a total sign area of 0.6 metres squared and the residential look and character of the property shall be maintained;
    b) no goods or services other than those directly pertaining to the home business shall be offered for sale or exposed for sale or supplied therein or therefrom;
    c) the use of equipment or processes that create noise, vibration, glare, fumes, odorous or electrical interference in excess of that normally experienced in a residential neighbourhood, shall be minimized and buffered from abutting residential properties.
    Too lazy to beat myself up for being to lazy to beat myself up for being too lazy to... well you get the point....

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