So my permit application was denied...

[leon renaud]

The U.S. Supreme Court has declared zoning unconstitutional more than 30 years ago!I used to have a copy of the front page of my local paper when it ran the article.Now the reason that zoning gets enforced is who besides a select few has the money and time to take an issue like this to that level!No town or "Zoning board " has the right to tell you what you can do on your own land UNLESS it created "Run off" of some kind to neighboring land not yours.They can't even make you pay for "permits" to build something it is your right according to the Supreme court.Bottom line the only one who has rights on use of your land is you but they get their way because it cost less to comply than fight city hall.

 

[Hootbro]

The U.S. Supreme Court has declared zoning unconstitutional more than 30 years ago!I used to have a copy of the front page of my local paper when it ran the article.Now the reason that zoning gets enforced is who besides a select few has the money and time to take an issue like this to that level!No town or "Zoning board " has the right to tell you what you can do on your own land UNLESS it created "Run off" of some kind to neighboring land not yours.They can't even make you pay for "permits" to build something it is your right according to the Supreme court.Bottom line the only one who has rights on use of your land is you but they get their way because it cost less to comply than fight city hall.

What case would that be? I looked far and wide on the internet and found nothing backing what you said that Zoning laws were deemed unconstitutional. If anything, they were deemed constitutional in 1926 by

http://en.wikipedia.org/wiki/Village_of_Euclid,_Ohio_v._Ambler_Realty_Co.

 

[MoonRise]

You just want to have a concrete patio slab installed and an outdoor power outlet installed.

After your concrete patio and outdoor power outlet are installed, bolt your two-post in place and run the power line to the ('approved') power outlet. Done.

Although I can sort-of see that an outside always-visible two-post lift in the yard might not 'fit in' with most residential plans.

Interesting on the ADA angle though. You might just get somewhere with that one.

 

[hh76]

The U.S. Supreme Court has declared zoning unconstitutional more than 30 years ago!I used to have a copy of the front page of my local paper when it ran the article.Now the reason that zoning gets enforced is who besides a select few has the money and time to take an issue like this to that level!No town or "Zoning board " has the right to tell you what you can do on your own land UNLESS it created "Run off" of some kind to neighboring land not yours.They can't even make you pay for "permits" to build something it is your right according to the Supreme court.Bottom line the only one who has rights on use of your land is you but they get their way because it cost less to comply than fight city hall.

I'm guessing if there were any truth to this, major developers would have been saving the millions they spend on permitting instead of following the rules.

I also heard taxes are unconstitutional, so we should all stop paying

As far as the power lines, if they don't have an easement or right of way over your property, they should have to move. Ask them to show you why they are allowed to have your neigbors lines over your property.

 

[onthefence777]

You just want to have a concrete patio slab installed and an outdoor power outlet installed.

After your concrete patio and outdoor power outlet are installed, bolt your two-post in place and run the power line to the ('approved') power outlet. Done.

Although I can sort-of see that an outside always-visible two-post lift in the yard might not 'fit in' with most residential plans.

Interesting on the ADA angle though. You might just get somewhere with that one.

The text of the ADA covers this exact situation on all angles, and I have my ADA accomodation request letter written, thinking of having an attorney look it over too. But I am still onthefence about acting on it; I fear that the county will retaliate and make my life a living hell. Although I am protected from retaliation under the ADA, I have no desire to pursue litigation as I have not the time or funds to do so and I would be up against all of the county taxpayers funds if It came to that. On the other hand however, I know if I don't try that I will curse every time I see other people in my community doing an oil change or any kind of maintenance. Its a tough choice.

 

[EOC_Jason]

Ummm... If they retaliate (which I doubt, they have better things to do with their day, not to mention that's just more WORK for them to do that they otherwise wouldn't have to...), all YOU have to do is contact the US Department Of Justice and they will come down on the local government like a hawk (on your behalf, paid for by the US taxpayers)... www.ada.gov

Screwing around with ADA is only *slightly* below screwing around with the IRS...

 

[Falcon67]

The U.S. Supreme Court has declared zoning unconstitutional more than 30 years ago!I used to have a copy of the front page of my local paper when it ran the article.Now the reason that zoning gets enforced is who besides a select few has the money and time to take an issue like this to that level!No town or "Zoning board " has the right to tell you what you can do on your own land UNLESS it created "Run off" of some kind to neighboring land not yours.They can't even make you pay for "permits" to build something it is your right according to the Supreme court.Bottom line the only one who has rights on use of your land is you but they get their way because it cost less to comply than fight city hall.

I call BS unless you can site a case, sorry. Lived in Harris County, seen what "free to run with what ya got" can do in neighborhoods. Not really the best idea for the overall community a lot of the time. Which is why most neighborhoods in Harris County have that other thing we like to trash - HOAs.

"
Zoning precedent

At the time of Euclid, zoning was a relatively new concept, and indeed there had been rumblings that it was an unreasonable intrusion into private property rights for a government to restrict how an owner might use property. The court, in finding that there was valid government interest in maintaining the character of a neighborhood and in regulating where certain land uses should occur, allowed for the subsequent explosion in zoning ordinances across the country. The court has never heard a case seeking to overturn Euclid. Today most local governments in the United States have zoning ordinances. The city of Houston, Texas, is the largest unzoned city in the United States <sup id="cite_ref-0" class="reference">[1]</sup>. Initiatives to allow zoning in Houston have been proposed and rejected by the voters in 1948, 1962, and 1993.[1]
Less than two years later, the Supreme Court decided Nectow v. City of Cambridge. In Nectow, the Court overturned a zoning ordinance for violating the 14th Amendment due process clause.
Together, the Village of Euclid and Nectow cases formed the basis of Supreme Court authority on zoning law for about 50 years."

 

[bob_mp]

I would look into getting a conditional use permit as opposed to a variance. Where i live (Bay Area, CA), variances are commonly very difficult to get and require you to show hardship.

I went through the conditional use permit process to get my new garage build approved. It was time consuming, but actually pretty reasonable. They may ask you to file a deed restriction stating that you won't use it for commercial purposes.

Bob

 

[bob_mp]

I would look into getting a conditional use permit as opposed to a variance. Where i live (Bay Area, CA), variances are commonly very difficult to get and require you to show hardship.

I went through the conditional use permit process to get my new garage build approved. It was time consuming, but actually pretty reasonable. They may ask you to file a deed restriction stating that you won't use it for commercial purposes.

Bob