<VV> Zoning issues from Sema

scott smorehead at lycos.com
Mon Aug 28 12:16:07 EDT 2006


   Zoned Out
   Hobbyists Counter Unfair State and Local Zoning Ordinances
   The  SEMA  Action  Network has become increasingly concerned about the
   many states and localities attemp-ting to legislate strict property or
   zoning  laws that include restrictions on inoperable automobile bodies
   and  parts.  In  addition  to several city and county proposals, state
   lawmakers in Hawaii, Illinois, Michigan, North Carolina, Ohio and West
   Virginia  have  considered  legislation  this  year  that  would  have
   established  restrictions  on  these  so-called  backyard  restoration
   projects.
   �We  believe  that clear legal distinctions must be drawn between an
   owner  using  private  property  as  a  dumping  ground  and a vehicle
   enthusiast  working  to  maintain,  restore or construct a vehicle,�
   said SEMA Vice President of Government Affairs Steve McDonald.
   Often,  removal  of  these  vehicles from private property is enforced
   through  local  nuisance  laws with minimal or no notice to the owner.
   Elected  officials  develop these initiatives based on the notion that
   inoperable vehicles are eyesores that adversely affect property values
   or  constitute  health  hazards.  Many  such laws are drafted broadly,
   allowing  for the confiscation of vehicles being repaired or restored.
   For  the  purposes  of these proposed bills, �inoperable vehicles�
   are  most  often defined as those on which the engine, wheels or other
   parts have been removed, altered, damaged or allowed to deteriorate so
   that the vehicle cannot be driven.
   An active group of enthusiasts will find that in some cases it will be
   possible  to  successfully  kill these proposals directly. However, in
   other  instances  it may be necessary to negotiate reasonable and fair
   compromise  legislation.  In  these  cases,  enthusiast  groups  might
   consider  supporting legislation that permits the outdoor storage of a
   motor  vehicle if the vehicle is maintained in such a manner as not to
   constitute  a  health  hazard.  In  addition,  these vehicles could be
   located  away  from  public  view,  or screened by means of a suitable
   fence,  trees,  shrubbery, opaque covering or other appropriate means.
   This  would  help  appease  those  who  believe  these  vehicles to be
   eyesores.
   To help in this effort, SEMA has produced model legislation to provide
   such safeguards for hobbyists to work on collector vehicles on private
   property  and establish reasonable provisions that vehicles be located
   out  of public view. A copy of the bill can be downloaded from the SAN
   website at www.semasan.com.
   In  working  to  present  this  issue  to  your elected officials, our
   experience  indicates  that  it  will be helpful to make the following
   preparations:
   *  Build  a  coalition  of  interested  clubs,  businesses  and  local
   organizations.
   *  Host  positive  and  proactive meetings with city, county and state
   officials to address the issue.
   *  Propose  fair  alternative language that benefits both the hobbyist
   and the community (e.g. screened from ordinary public view by means of
   a suitable fence, trees, shrubbery, etc.)
   * Garner support from local media.
   * Be persistent in your efforts.
   For  additional  assistance  in  pursing  the SEMA model in your area,
   please  contact  the  SEMA  Government Affairs Office at 202/783-6007,
   ext. 39 or by e-mail at jasont at sema.org.
   Scott Morehead


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