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digger242j

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Oct 31, 2003
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Southwestern PA
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Self employed excavator
We can debate this all day, and his best bet is still to go to zoning board and find out exactly what he can and cant do.

But that has a downside to it too--If he goes to the zoning board, unless he can keep his inquiry in very general terms, and aviod answering any direct questions, they'll know what he intends to do. If his use is prohibited, now his risk becomes whether both the zoning people and the neighbors are willing to look the other way. (Which, in the more rural areas, they probably are, but it's still a risk to be considered...)
 

jmac

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Joined
Feb 4, 2006
Messages
740
Location
Central NY
My attorney went to the code guy and did exactly that, very general terms, no locations, no names etc just to get the feel for what his position was. His position was as long is he has no complaints and you don't store large pipe on site should be fine. PSDF350 says he is zoned rural so that could be completely different from ag. I don't know, we don't have any rural zoning around here.
Preppypyro, bought 320 acres so this is a big chunk of land (congrats) so he could be set so far back from the road that no one could see his stuff anyways. I do know of a guy that ran a trucking company out his land zoned ag and he had a big fight in court and lost, different town and county, so it can happen.
 

ohioduramax

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Joined
Jan 10, 2007
Messages
61
Location
ohio
Thanks for all the info. There are some big farms nearby and some houses too. The lot im looking at is a half a mile off of a state route, so its not like I will be driving dumptrucks around back roads and pissing people off. Do you guys think if I put my building back about 1000' id be alright? Im not putting it on top of the road or anything because thats where my house would be. Should I look into a bigger lot if im looking to put it on ag land? I know it all depends on what the zoning board says. Now that I think about it there is a small excavating company about 5 miles from the lot im looking at that has his building and house right by the road with a sign and im pretty sure that that land is ag or residential cause there are houses all around him. I doubt that im gonna have real big equipment. Probably the biggest equipment would be a 320-325 excavator, a d5 or d6, a tri axle dump or two, and a semi and lowboy, no 385s or anything like that.
 
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atgreene

Senior Member
Joined
Nov 30, 2005
Messages
508
Location
Sebago, Maine
I bought 11 acres 4 miles from where I grew up. There is no zoning so I cleared the fields in front and built my garage behind and slightly downhill from the house. That allows me to keep the front yard clear of equipment and the machinery is low enough that most of it is not visible from the road. Technically, I should or may have to go before the planning board at some point and argue that it is a "Home Occupation" which is exempt from review by the planning board.

Either way, if you keep it neat, "hide" the equipment so it's not blatant or an eyesore for someone to cry about, you may be ok anyway.
 

Dwan Hall

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Nov 10, 2004
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Location
Juneau, Alaska
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Self Employed
"everyone else is doing it", "if no one complains you should be ok", "Do something to disguise it as a ag. business", "Keep it out of site so no one knows", "It is easer to ask for forgiveness then ask for permission",

None of these will help if Zoning decides to fine you for braking the law.
I know I have been there

Go down to your Zoning office and ask if it is ok or if there is a way to get a conditional use permit to operate what you want. and get your answer in writing. That is the only way to do it correctly. If they will not allow your operation in that zoned area, then you have just saved a lot of money by knowing before you buy that chunk of land.

By the way ever zoning ordinance in every county in every state is different. Everyones answer here may be correct for there area but could be different in your area.

You may be able to get an answer on the phone. If it is what you want have them e-mail it to you or fax it to so you have it to fall back on.
 

tuney443

Senior Member
Joined
Mar 19, 2006
Messages
1,216
Location
Dutchess County,NY
Occupation
excavating contractor
"everyone else is doing it", "if no one complains you should be ok", "Do something to disguise it as a ag. business", "Keep it out of site so no one knows", "It is easer to ask for forgiveness then ask for permission",

None of these will help if Zoning decides to fine you for braking the law.
I know I have been there

Go down to your Zoning office and ask if it is ok or if there is a way to get a conditional use permit to operate what you want. and get your answer in writing. That is the only way to do it correctly. If they will not allow your operation in that zoned area, then you have just saved a lot of money by knowing before you buy that chunk of land.

By the way ever zoning ordinance in every county in every state is different. Everyones answer here may be correct for there area but could be different in your area.

You may be able to get an answer on the phone. If it is what you want have them e-mail it to you or fax it to so you have it to fall back on.


Almost exactly what I was going to say.A few zoning officers have told me,unless it's really a blatant offense,they will only hassle you when they start getting complaints and then if you're not zoned right,that's when you will have trouble.A classic explanation by this 1 excavator by me years ago to build his new shop:''I'm going to be storing iron horses.''--Yes,he built it.
 

PSDF350

Senior Member
Joined
Oct 18, 2004
Messages
725
Location
Richmond NH
PSDF350 says he is zoned rural so that could be completely different from ag I don't know, we don't have any rural zoning around here..
We also have ag plus res, rec, indudtriual along with rual. Heck probably a few I dont know. Thats why I said basically what Dwan said below.


Go down to your Zoning office and ask if it is ok or if there is a way to get a conditional use permit to operate what you want. and get your answer in writing. That is the only way to do it correctly. If they will not allow your operation in that zoned area, then you have just saved a lot of money by knowing before you buy that chunk of land.
 

woberlin

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Joined
Dec 14, 2004
Messages
111
Location
malvern, ohio
Occupation
excavating contractor/bodyshop owner
What county in Ohio do you live in? Here in Carroll county, we have no zoning whatsoever outside of the towns. Also in Stark county, next store, many of the more rural townships also have no zoning. Do some checking, it may not even be an issue for you.
 
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