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History Zoning -Any suggestions

Discussion in 'The Hokey Ass Message Board' started by ol55, Oct 24, 2017.

  1. ol55
    Joined: Oct 1, 2008
    Posts: 500

    ol55
    Member
    from Virginia

    My history with the town on zoning started when I received a letter about a "walk thru" '57 convert I had bought. Fines were steep and timeline was short so I let it go cheap. Since then up and down, mostly they laid off. Now they are coming on strong again with strict (no tarps only covers, only one car allowed under cover...). Has anybody had success when it comes to HOA like rules that put the power in one person who does not live in the town? Any suggestions or strategies? Rather not move.
     
    chryslerfan55 likes this.
  2. Put up a tall fence.... out of sight, out of mind.

    Trying to fight HOA rules or local ordinances is usually a losing proposition. I would never buy anywhere with an active HOA...
     
  3. trollst
    Joined: Jan 27, 2012
    Posts: 2,104

    trollst
    Member

    Move.....you're fighting people who don't like cars, or "junk" as they view it. Never gonna get better, you won't win, fifty can screw one better than one can screw fifty, remember that if you choose to fight back.
     
  4. Flathead Dave
    Joined: Mar 21, 2014
    Posts: 4,000

    Flathead Dave
    ALLIANCE MEMBER
    from So. Cal.

    I owned in an HOA and never will again.

    The association tried to fine the wife and I, $25 because "their" kids parked their bikes on the sidewalk in front of our house.

    We fought the association and won!

    Sent from my SM-G930T using The H.A.M.B. mobile app
     
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  5. mgtstumpy
    Joined: Jul 20, 2006
    Posts: 9,237

    mgtstumpy
    Member

    I've no idea of your personal circumstances but are you able to move the offending vehicle(s) and parts around the back out of sight? Can you erect a carport of sorts or does everything have to be out of sight and not visible? I presume that some of those offended may be house proud with an aversion to anything related to cars and other items cluttering up their view or downgrading the neighbourhood?
    No such thing as HOAs down here however some areas like where I live have covenants stipulating what type of property can be built, types of fences etc. The local council as we call them have by-laws however I've not seen them enforced. There are some properties which are just eyesores with junk, car bodies and parts strewn all over the place.
     
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  6. Budget36
    Joined: Nov 29, 2014
    Posts: 14,735

    Budget36
    Member

    If it's not in the HOA's reg's, they can't make it up as they go...that said, they can vote in anything they want during the meetings...so you need to get a copy of the bylaws and understand them.

    I'/e, they may have a 75% vote rule before something can be enacted...now sit in on a meeting and notice maybe 10% of the owners actually are at the meeting..so get some of your friends together that live in the Association, and vote them down, propose your own rule...I dunno, something like "once a proposal has been brought to the board and voted on, it can't be brought to board again for 1 year, " etc, and have your buddies vote it in.

    All the rules are there, you need to learn to work with in them.

    Yes...former HOA payer, worst tax write off I ever had.
     
  7. gimpyshotrods
    Joined: May 20, 2009
    Posts: 24,023

    gimpyshotrods
    ALLIANCE MEMBER

  8. This is why I live out in the middle of nowhere. No neighbors, no problems. That and my shop is 24’ wise by 48’ long.


    Sent from my iPhone using H.A.M.B.
     
    ZAB, Jugornot, Blues4U and 5 others like this.
  9. Comply or move..... Zoning Ordinance in Virginia are part of the Jurisdiction law. As you stated, the zoning office has police powers and they will use them.

    Solution: Rent a space where it's legal to store your cars.
     
  10. Ned Ludd
    Joined: May 15, 2009
    Posts: 5,310

    Ned Ludd
    Member

    The terminology differs from country to country. In South Africa a "homeowner's association" is a concerned citizen's group without any specific legal mandate, though municipalities sometimes solicit their comment on departure or rezoning applications. What is known as a "homeowner's association" in the USA is called a "body corporate" here, and is constituted in terms of a sectional-title scheme or other kind of non-standard ownership arrangement e.g. where there is common ownership of roads or services. Municipal governments like them because they offer the opportunity to unload a lot of infrastructure costs, but they are a pain in the ass to live with because they attract a certain sort of authoritarian busybody.
     
  11. '51 Norm
    Joined: Dec 6, 2010
    Posts: 851

    '51 Norm
    Member
    from colorado

    I went through a similar situation several years ago. After writing letters to the local newspaper (and having them published) I contacted the mayor and city council members.

    Long story short I ended up on a committee to review the city code. While the result wasn't 100% car friendly at least it was something that could be lived with.

    My real heartburn with the whole process was trying to get the "car people" to cooperate and come to the various meetings to see what was going on and get involved. I heard a lot of screaming about code enforcement, etc. but when it came time to actually do something about it most were AWOL.
     
  12. George Klass
    Joined: Dec 31, 2007
    Posts: 1,076

    George Klass
    ALLIANCE MEMBER

    I never heard of a zoning issue connected to HOA's. Zoning laws are usually maintained and controlled by the city or town where you live. HOA's typically follow the rules and restrictions published in your CC&R's. I live in a 26 unit town House community right now, and I'm a board member in our HOA. There is a rule in our CC&R's that states you can't park (or store) your Motor Home or a boat or vehicle in front of your garage. Nobody has had an issue with the rule (so far). There is also a statement in our CC&R's that states (I'm paraphrasing) that everyone must abide by the city laws and regulations, or words to that effect. When we lived in a house we could pretty much do what we wanted on our property, but I'm done with all that upkeep and actually prefer our new arrangement. Condos or Town Houses have some interesting rules for home owners, such as owning one means that you own everything inside of the walls, but the outside walls and property is owned by all the home owners combined which means that I own my place and am a 1/26th owner of the community as a whole. I'm okay with that, I'm not planning on building another car in my lifetime (I'll be 79 in 2018)...
     
  13. jetnow1
    Joined: Jan 30, 2008
    Posts: 2,180

    jetnow1
    ALLIANCE MEMBER
    from CT
    1. A-D Truckers

    I have found that many zoning regulations are passed because of one person doing something that someone else does not like. I bought a lot many years ago that already had a foundation on it- the town
    revoked my building permit as they said one corner was 1 foot to close to a small pond in the front of the property. Seems that long after the foundation was pored someone put an addition on their beach
    house that blocked part of a zoning board members view so they wrote a new rule that prohibited building a house or addition within 30 feet of open water. Fought with them for a year and many $$$
    later the appeals board asked what I was going to do when they ruled against me- I told them that
    as their regulations prohibited a house that close but allowed an accessory building to be right up to
    but not over the wetlands I was going to use it as a dog run, and clean it right into that pond. They
    finally gave me a variance.
    Guess what I am saying is read the regulations carefully, consider what alternatives are offered and
    see if there is an alternative that works in your favor. Also remember they must enforce the rules for
    everyone- see what the board members places look like.
     
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  14. BJR
    Joined: Mar 11, 2005
    Posts: 10,719

    BJR
    Member

    You new they had an HOA when you bought, now either live by it or move. It's like the person who buys a house next to the airport and then complains about all the noise from the planes.
     
  15. I went through this drill in my town. The compromise was that the vehicle must have state inspection OR current license plates. The best solution was to "shield" it from view. Fence, or garage, but a cover or tarp was not going to be enough.
     
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  16. wicarnut
    Joined: Oct 29, 2009
    Posts: 9,170

    wicarnut
    Member

    Buy a cover and reduce inventory to one or move, nearly impossible to fight city hall. sounds like you have a neighbor unhappy with you and your yard and reporting it to whom ever is in authority. From your comments on job situation, sounds like moving is not an option, so you will have to conform to their rules/codes. Suggest, get a copy of rules/codes to see if you have any options. Good luck
     
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  17. Gman0046
    Joined: Jul 24, 2005
    Posts: 6,256

    Gman0046
    Member

    I'm with George Klass and into cars as much as anyone but not in our vacation home community. Our home in the Florida Pan Handle is in a 24 hour gated community with an HOA and I have no problems with it as it protects our investment. HOA's protect us against those who don't have the brains God gave them. The last thing we need is cars, boats or motorhomes parked on lawns with tarps over them and half assembled cars in driveways. If you want to live in a trailer park environment stay out of areas with HOA restrictions.
     
  18. F.O.G
    Joined: Oct 31, 2006
    Posts: 259

    F.O.G
    Member
    from Pacific,Mo

    Agree with Gman, rules were there and available to review before you bought. I live in subd with HOA
    and have no problem, have built several hot rods and Jeeps with no complaints, just keep everything
    neat and mostly out of sight. Probably the best advice is to try and not do things that the neighbors
    see as detrimental to THEIR property values. If you can't get along only options are give up the hobby or move.
     
    KoolKat-57 likes this.
  19. topher5150
    Joined: Feb 10, 2017
    Posts: 3,559

    topher5150
    Member

    I'm starting to get a little nervous. i was reading the city ordinances, and I think I'm violating most if not all of them, but then I look a couple of houses down the road, and there's a guy with a beat up duster sitting on blocks, and a tri 5 both sitting in his driveway.
    • Sec. 25-66. - Definitions.
    • The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      Dismantled or partially dismantled motor vehicle means a motor vehicle from which some part that is ordinarily a component of such motor vehicle has been removed or is missing.
      Inoperable motor vehicle means a motor vehicle that by reason of dismantling, disrepair or other cause is incapable of being propelled under its own power.
      Motor vehicle means any wheeled vehicle which is self-propelled or intended to be self-propelled.
      (Ord. No. 119, eff. 5-10-64; Comp. Ords. 1977, § 20.533)
      Cross reference— Definitions and rules of construction generally, § 1-2.
    • Sec. 25-67. - Construction.
    • This division shall not be construed as repealing any ordinance now in effect or hereafter made effective relating to rubbish, litter, garbage, refuse, trash or junk, but shall be construed as supplementary to any such ordinances as well as any statutes of the state relating thereto.
      (Ord. No. 119, eff. 5-10-64; Comp. Ords. 1977, § 20.534)
    • Sec. 25-68. - Storage.
      It is hereby declared to be unlawful for any person to store on, place on or permit to be stored or placed on or allowed to remain on any platted or unplatted parcel of land a dismantled, partially dismantled or inoperable motor vehicle or any parts of a motor vehicle if the platted or unplatted parcel of land is located in the city, except as the same may be permitted under the provisions of the zoning ordinance of the city unless the partially dismantled motor vehicle or parts of a motor vehicle shall be kept in a wholly enclosed garage or other wholly enclosed structure.
    • (Ord. No. 119, eff. 5-10-64; Comp. Ords. 1977, § 20.531)
    • Sec. 25-69. - Violation declared public nuisance.
      The presence of a dismantled, partially dismantled or inoperable vehicle or parts of a motor vehicle on any platted or unplatted parcel of land in violation of the terms of this division is hereby declared to be a public nuisance.
      (Ord. No. 119, eff. 5-10-64; Comp. Ords. 1977, § 20.535)
     
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  20. As has been said, get a copy of the actual wording of the regulation and make sure you are or are not in violation of it and not just someone's opinion that you are. If it's plain and simple that you are, put on your thinking cap to figure out if it's possible to comply and the easiest way to do it. Maybe there's room in your garage but you just have to organize and/or get rid of some clutter. If you have multiple projects, prioritize them and consider getting rid of the lowest one(s). A finished rod/classic is a thing of beauty to the community but a pile of rusty parts and a "round tuit" are junk and scrap metal to 99.9% of the rest of the world. Shuffling one car out of the garage into the driveway for the day (maybe even over night) while you work on another could be, should be doable, but using your driveway or street as a storage lot, probably not. Basically, you have to adjust to the rules or move where there are no rules.
     
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  21. Prepare to move. In the interim; put tarps over every DD you own when parked, buy a R-- R-- and park it in front of the house uncovered drive it once a day preferably with no exhaust, move every unlicensed uninsured non-op vehicle off of the property. Anything else that you can do to cause them to create ways to get around you then outstep them. Finally when and if they do catch up to you, move. They will not win but will feel that they beat you.
     
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  22. Gearhead Graphics
    Joined: Oct 4, 2008
    Posts: 3,887

    Gearhead Graphics
    Member
    from Denver Co

    Put plants in each of them, make them planters, not cars, call it yard art. find a new house, put yours up for sale
     
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  23. 5window
    Joined: Jan 29, 2005
    Posts: 9,748

    5window
    Member

    Just one reason I won't live in a town. They'd probably complain if you pee'd outside,too.
     
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  24. Toner283
    Joined: Feb 13, 2008
    Posts: 1,325

    Toner283
    Member

    Some places if you have a car on a trailer it is not considered a car any longer its cargo. That all depends on whether you're allowed to have a trailer sitting in your driveway or not. Some places as long as the trailer is licensed and insured you're in compliance with the bylaw and the HOA can't touch you. Other places not so much. All depends on exactly how the rules are written out.
     
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  25. 30dodge
    Joined: Jan 3, 2007
    Posts: 498

    30dodge
    Member
    from Pahrump nv

    I got a letter from the HOA because my Jeep was dirty and there was a spider web on the leaf spring. Fighting the Gestapo leads no where.
     
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  26. Just marking my territory
     
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  27. trollst
    Joined: Jan 27, 2012
    Posts: 2,104

    trollst
    Member

    You know...after reading all this, it does bring to mind a minor problem in the car community, I build one car at a time, live in the middle of nowhere, but still keep a relatively clean piece of property. But, some guys, a few who I know, have to collect every piece of shit they can find, gonna build it someday or next, or it has valuable parts that never leave the car, pretty soon there's 14 acres of good stuff the guy won't part with. Are you one of those guys? Would you like to live beside one of those guys? I do, his property looks like hillbilly ville, although I am a car guy, I don't like his mess, all rotting into the ground. I have another friend who just spent 40 grand building a shop, and works on his stuff outside, because his new shop is so full of "good stuff" he can't get in it.
    So....try looking at this from a non car guy's point of view, and it looks like junk. Keep that in mind.
     
  28. HOAs can go to hell.

    Why would anyone live under the rule of a bunch of do-nothing nosey neighbors?
     
  29. buds56
    Joined: Dec 9, 2004
    Posts: 210

    buds56
    Member

    I'm not sure of your exact situation, but if it's just an old car , in Va get an old set of plates the year of your car and register it. Insurance is cheap ( liability only), no inspection needed.
    Also most places in Va you can build a 150 sq ft shed without a permit to put some parts in.
    If you have a lot of parts and misc. stuff you're probably going to have to clean it up a bit.
    Good luck
     
  30. typo41
    Joined: Jul 8, 2011
    Posts: 2,571

    typo41
    Member Emeritus

    From my point of view, the OP never said HOAs he said city. HOA's is a bunch of regulations set forth by person that want their neighborhood pure from hoodilums, whereas City and County's are regulated by Codes' and Code Enforcement (the guys in the office a floor above me, and they know me out side of work). And with most Code Enforcement departments, they don't go looking for trouble, they have enough to deal with. What they do is reply to complaints from neighbors and especially Real Estate sellers as you are driving down their possible sales.
    So you may have a neighbor down the road with worst vehicles, but until there is a complaint, they run a blind eye.
    When ever a 'Open House' sign went up in or our old neighborhood, I could expect a visit from the Code. And yeas I was a bad guy that had been there for over 15 years, and no they don't suck it up.
    And for put it behind a fence, as my Code guy told me, 'I am tall and if I can see over your fence and see junk cars, you are in violation, and yes they have the right to enter your property.
    You can move your junk to a storage yard and bring it back over when you have room in the garage to work on it, inside.
    And if you read into part of my first part, we moved to the 'county' and of course my new neighbor called Code and they had to walk around his violations to get pictures of my violations from his backyard,,, good old local boy.
    We moved 4 vehicles off property, unless in a enclosed building all exterior vehicles must be licensed , insured and movable a short distance. We also had to make a parts junk yard fenced in are for all the fenders and such.
    And we had to double gate the driveway to block the view to the back, to stop the local Code person that lives in our neighborhood.
    So, fight - You wont win,,, Adapt to hold them off, or as we did find a better place by accident.....

    From the Wonderful Land of MoonBeam,,,,,,, who road around in a 74 four door Plymouth while running for the Presidency....
     
    chryslerfan55 likes this.

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