<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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