Anti-Homebuilding Laws

[Hangar 14]

December 21, 2006

Appeal Of Anti-homebuilding Law Fails

By Mary Grady, Contributing Editor





When Jacksonville, Fla., passed a city ordinance in June banning the home-based construction of aircraft, it seemed so unfair that it was expected to fail under court scrutiny. But now an appeal to the courts to reverse the ban has been rejected. "Cities have the right to zone based on aesthetic (or noise) considerations," Judge John Moran said in his ruling on the case, according to the Jacksonville Times-Union. While aviation enthusiasts may disagree with the policy, that doesn't mean the city's decision was "arbitrary and capricious," he said. Homebuilder Brian Kraut had challenged the law as unconstitutional. It was imposed after neighbors complained about his working on a Midget Mustang. [more] "A lot of people are assuming that I live in some gated community with half-million-dollar houses and I have an aircraft junkyard on my front lawn...nothing could be further than the truth," Kraut says at his Web site. The site shows images of his house with various unfinished fuselages on a trailer in front, as well as nearby houses with boats, motorcycles, trash cans and other items in their front yards.
This came thru landings.com from Avweb. The links did not come thru when I copy & past. Chuck

[Nathan Gifford]

Its zoning, and the city has complete control over that. However, I believe you can seek some redress depending on your state laws. Since the project was already in progress the city might have to compensate you for your losses.

Still I rather bet there was some kind of problem with a city council member or friend/family/contrubutor to the council member. It always pays to be a good neighbor even if the neighbor is a dip.

The other thing you can do is go around the neighborhood and find all the other zoning violations that exist nearby that have not been enforced. Those can be brought to show capricous enforcement.

[Clutch Cargo]

He forgot the hot tub. All home builders in FL must have hot tubs or the politicians go nutz.
By the way, we have 3rd world cities here in FL, where you can't hear the aircraft engines for the sub woofers in 1985 Caprices......with 24s and stuff .But it's all in Spanish, so it's OK.

Our quiet little resort village had 24 maryG wana grow house busts where millions in the controlled substance was confiscated.

Now I know where it was headed....

[Waiter]

EKS;

Build an EZ, Go to Jail

Waiter

[swinn]

Here is the email address of council member "Lake Ray" who sponsored the bill. I'm sure he'd like to hear how various people around the country feel about his bill.

LRay@coj.net

[DarrellK]

Originally Posted by Hangar 14

This came thru landings.com from Avweb. The links did not come thru when I copy & past. Chuck

Link 1
http://www.avweb.com/avwebflash/12_3..._193096-1.html

Link 2
http://www.jacksonville.com/tu-onlin..._6806110.shtml

Link 3
http://www.mustangaero.com/

Link 4
http://www.jaxairplane.com/

[SteveWrightNZ]

gee can they tell you what you can do in the privacy of your own home ? They can't here, and if they try, we are really rude and nasty to them and hurt their feelings, and they go away and find someone less nasty to pick on.

S

[CBarber]

I can't even begin to express my disgust. This is so indicitive of what I have learned to dispise about government. If you dislike the idea of legislation without representation, try legislation WITH representaion.

Chris

[Nathan Gifford]

The other thing that can be done is working within the law. When I was in Dublin, Ireland a landowner wanted to build his house on his property overlooking the harbor. The adjoining landowners, not wanting their view spoiled, preventing him from building on his property.

Not to be outdone, the landowner invited the Travelers (the Irish equivalent for gypsies) to camp free on his property. After his neighbors hassled with the Travelers for a full year he had little problem getting his building permit with the blessing of his neighbors.

I would say that you use whatever zoning laws you can to make the movers of the ordinance miserable. Be sure to document fully all non-enforcement of zoning laws, especially those that appear to be of a similar nature to the ones you oppose.

Another thing that can be done is to get the ordinance modified. Once an ordinance gets enacted it is usually very difficult to get the council members to abolish it. Its far easier to get it modified in some way.

I would believe that if airboats are included, that should be your target to force the city to deliver violation notices to every last one they/you can find. I will bet at some point the council members will be willing to modify the ordinance to something you can live with.

[Waiter]

There is an Airpark north of Fresno CA. Seems a lawyer "homebuilder" a mile or so off the end of the runway constantly complained about noise from the airpark. The "Homebuilder" was attempting to sell this home while it was being built, and figured if he could get the airpark closed, his property value would go up. Well, he was partially right!


Because the Homebuilder complained so often, the owners of the airpark were able to place a "Defect of Title" on the homebuilders property. i.e. "there is something HORRIBLY wrong with this property, and you're a stupid fool if you buy it". Effectively, the property became un-saleable.

After several potential buyers discovered the "Defect of Title". The Airpark recieved a phone call from the "homebuilder" wanting to compromise.

The compromise was basically a letter from the "Homebuilder" stating that there was no longer any noise problems from the Airpark. the Airpark then removed the "Defect of Title" from the property.

(Airplanes 1, Lawyers 0)

(No offense Cris)

Waiter