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Re: danger!! zoning tractors
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Posted by Bill on March 29, 1999 at 06:18:21:
In Reply to: danger!! zoning tractors posted by ron t on March 27, 1999 at 20:03:20:
Contact the municipality seeking a clarification of their order. Ask if putting the tractor in your garage will put you in compliance. If they say no, as the man said, ask "WHY?". Zoning laws and other land use restrictions are an exercise of the state's police power which is usually delegated to the local municipality. While the municipality usually has a great deal of discretion in enacting ordinances, there are limits, and they can't be arbitrary or capricious in the enactment or enforcement of their ordinances. If your municipality allows lawn tractors but doesn't allow your tractor, make them show you ascertainable standard (such as an express weight or size) that determines the dividing line. Do they allow RV's, motor boats and antique cars to be stored on properties like yours? If so, it seems arbitrary to disallow your tractor. Would you be allowed to store your tractor on your property if you never start the motor, and/or remove the fuel? You would have to check with a lawyer in your area, but my guess is at the very least they can't stop you from storing the tractor in your garage without any fuel in it. By way of example, in a residential zone, businesses usually aren't allowed. However if a person runs a business over the phone, the homeowner is the sole employee, there are no signs identifying the business, and no traffic comes to the house because of the business, then the muncipaility exceeds its police power if it trys to remove such a business. That's doesn't mean that some municipalities don't do it, it just means they will probably lose in a court fight. Here too, you would probably win if you keep your tractor under roof and out of sight.
But you probably don't want a court fight. However, you just might want to talk to a lawyer and get his opinion. Maybe the municpality can be quickly (and relatively inexpensively) convinced that you have the right to keep your tractor there.
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