Zoning Variance For Small Job Shop

I am outgrowing my 2-1/2 car garage and am looking to move into a bigger facility. My current residence is in the middle of nowhere and has no restrictions regarding property use in rural Ohio. I found a shop located inside city limits of a town of about 300 people about 20 minutes from where I live which is zoned commercial.

I had the realtor inquire to council about the zoning and this is the statement I got back.

"The property is located in the Commercial District. This does not allow for Machine Shops. Machine shops are listed in the Industrial District. If you would like to speak with Council about it, you can attend the meeting tonight at 7 pm at the town hall."

Has anyone made a case for a zoning variance to their city council or gotten some sort of amendment or approval from them for your small shop or garage?

My thoughts are that if I make a case that this is mostly a hobby-shop where I don't have any signs outside, no need for a parking lot, and very little traffic and noise that I can get a variance or approval to operate my LLC in the building. In all honestly, 75% of the use will be for personal use like storing my watercraft/motorcycles, servicing the lawn mower, small hobby related work and repairs, etc...but I do intend to operate my LLC out of it at times. I don't have any large machinery or equipment that could potentially emit hazardous waste or piss of the locals...just a couple knee mills, a small lathe, a CNC plasma, and some welders.

The last thing I want to do is purchase a piece of property and find out I can't use it for my intended purpose, so I'm wondering if any of you have any advice before I invest any time or money with the property.

Read the definitions for exactly what the zoning is.

Usually commercial zoning permits limited manufacturing of goods as a portion of the business with most of the restrictions on how messy and noisy the operations/outside areas are.

I found a smokin deal on a building in Marysville. Not zoned properly for a machine shop. No way they would work with me......The building still stands empty, a bit more dilapidated every year. Zoning would rather it rotted and collapsed in a heap then let the wrong type of business make use of it, pay taxes and put up with all the required BS. (In Marysville you can't even have your phone number on your sign!) Stay out in the country, put up a pole building. I'll never move into town after all that BS.

Garwood is correct about the need to read the full text of the zoning rules. If you can find a "carve-out" in the commercial rules that you can live with, prepare a summary and attend a council meeting.

Be cheerful and polite, even if they turn you down. Above all make sure you can live within the rules because if permission is granted they will be watching for any attempts at cheating.

Thanks everyone for the insight. I do agree with you moonlight machine, I love living in the country and being able to do what I want without worrying about city rules and regulations. This building is just a temporary thing for me. I'm young and I plan to eventually purchase 5-10 acres and build a house and shop to suit a few years down the road, but I need something to get me by for the next 3-5 years as I'm really running out of room fast.

I did get a chance to scan through the zoning code for the city during lunch today and found the following:

Conditionally Permitted Uses - The Board of Zoning Appeals may issue Conditional Zoning Certificates for uses listed herein subject to the general requirements of Section 704 and the subsections of Section 705 referred to below:

- Gasoline service stations and repair shops subject to subsections 705.01, 705.03, 705.05, 705.06, 705.07, 705.09 and 705.10.



The code does state that manufacturing and machine shops are industrial zoning but I see a statement at the bottom that variations can be made under certain circumstances so I'm going to have the realtor show me the property in the coming weeks and if I decide it may be a good fit I'll attend the next city council meeting. There is a council meeting today but I think it would be silly for me to attend before I view the property and get pre-approved for the financing.

toddshinton said:

Thanks everyone for the insight. I do agree with you moonlight machine, I love living in the country and being able to do what I want without worrying about city rules and regulations. This building is just a temporary thing for me. I'm young and I plan to eventually purchase 5-10 acres and build a house and shop to suit a few years down the road, but I need something to get me by for the next 3-5 years as I'm really running out of room fast.

I did get a chance to scan through the zoning code for the city during lunch today and found the following:

Conditionally Permitted Uses - The Board of Zoning Appeals may issue Conditional Zoning Certificates for uses listed herein subject to the general requirements of Section 704 and the subsections of Section 705 referred to below:

- Gasoline service stations and repair shops subject to subsections 705.01, 705.03, 705.05, 705.06, 705.07, 705.09 and 705.10.



The code does state that manufacturing and machine shops are industrial zoning but I see a statement at the bottom that variations can be made under certain circumstances so I'm going to have the realtor show me the property in the coming weeks and if I decide it may be a good fit I'll attend the next city council meeting. There is a council meeting today but I think it would be silly for me to attend before I view the property and get pre-approved for the financing.

Click to expand...

You will be money ahead to buy the land and put up a shop, then build the house later.

moonlight machine said:

You will be money ahead to buy the land and put up a shop, then build the house later.

Click to expand...

I guess to be honest, I am not sure if I am going to stick around this area for the long run. I know that I'll be here at least 5 more years, but who knows after that. I have a great full-time job and make some money with the shop, but I'm a little hesitant to buy land and build a big shop and house on it at my age.

This shop I'm looking at is sitting on 1 full acre and is almost 1,000 sq ft. It's been on the market for almost a year and they're only asking $35k. I'm hoping to get it between $25-$30k. At that price, even if I'm only there for 3-5 years it will have well since served it's purpose as I'm expecting to net that from my shop alone in 2-3 years.

toddshinton said:

I am outgrowing my 2-1/2 car garage and am looking to move into a bigger facility. My current residence is in the middle of nowhere and has no restrictions regarding property use in rural Ohio. I found a shop located inside city limits of a town of about 300 people about 20 minutes from where I live which is zoned commercial.

I had the realtor inquire to council about the zoning and this is the statement I got back.

"The property is located in the Commercial District. This does not allow for Machine Shops. Machine shops are listed in the Industrial District. If you would like to speak with Council about it, you can attend the meeting tonight at 7 pm at the town hall."

Has anyone made a case for a zoning variance to their city council or gotten some sort of amendment or approval from them for your small shop or garage?

My thoughts are that if I make a case that this is mostly a hobby-shop where I don't have any signs outside, no need for a parking lot, and very little traffic and noise that I can get a variance or approval to operate my LLC in the building. In all honestly, 75% of the use will be for personal use like storing my watercraft/motorcycles, servicing the lawn mower, small hobby related work and repairs, etc...but I do intend to operate my LLC out of it at times. I don't have any large machinery or equipment that could potentially emit hazardous waste or piss of the locals...just a couple knee mills, a small lathe, a CNC plasma, and some welders.

The last thing I want to do is purchase a piece of property and find out I can't use it for my intended purpose, so I'm wondering if any of you have any advice before I invest any time or money with the property.

Click to expand...

For storage, erect a temporary "pole" shelter, kind of like a large tent. My neighbor has one that is the size of a small house. Don't what he uses it for, but it is sturdy enough to survive some fairly high winds. Of course, the cars are outside. which means more than enough room for the shop. A friend of mine has a single car garage, small one that that, that he had 3 SWI bed mills, a Bridgeport, a 2OP, air compressor, cold saw and a work bench. Cozy, but workable. Had two, sometimes three people working at a time.

Before I would advance your program, I would seriously consider an alternative.

Tom

I second Tom's suggestion of looking at alternatives. For the use you are starting and the short time period involved how about looking at a steel building for your current site. Pour a pad or footing/gravel floor and put up building. Been considering it for replacing old small wooden barn shed. A 20 x 20 x 10 steel building is going around 6K and the wooden one close to that size was a couple hundred cheaper.

My shop was classified Non-Conforming Use on 3 acres zoned R2, been there since the 1950's. Was originally a 30 acre farm in the 1930's. When I approached township to get rent permits, they wanted to rezone the property L1, at my expense, until they found a 1961 building permit for the office my dad built. It was a pain in the butt getting anywhere until they found that permit!!

Commercial zoning is usually for retail type businesses. If you look like a motorcycle and watercraft shop and do some machining and welding related to that business that may be enough to get your business in there legally. Get all the township regulations and read them carefully.

Be cautious about applying for variances and exceptions, because some municipal authorities (AKA little tin hitlers) use those rules to apply all sorts of restrictions on what you can do that aren't otherwise in the regulation books. For instance, overly restrictive business hours, parking limits, sign and light locations.

For example - very close to me there was a volunteer fire hall for sale. Room for 5 fire trucks on the first level facing the road, Entire lower level facing the rear was meeting rooms/banquet hall, big parking lot in the rear.. The fire Co. built a new hall and wanted to sell the old one. A fellow who rebuilt fire trucks and bought and sold fire trucks wanted permission to park used fire trucks inside. Not work on them, just store them there, his main business was 2 miles away. No go. It's zoned residential, they weren't about to let him park fire trucks in that building.

3 years later, the fire co finally found a printer who wanted to buy it. In order to get permission to use it for his print shop, they required him to have only 4 parking spaces for employees, and no employees could park anywhere else. And they check! Only 4 spaces for customers. This, with a parking lot big enough to park 20 school buses. He may have no lights on outside after 9 pm, not for security, not for his sign, nothing. And no employees or customers there after 9pm. They can't keep him out because he's the owner, but no one else can enter. Most of the building sites empty, he uses part of the downstairs for his printing shop. I know this because I sat in on his hearing, and have to deal with the same township board.

I'd suggest talking to every realestate agent in that area you can get a number for, some of them will have experiences with that zoning board, and can offer you some feedback on what you'll be able to do and how to get permission.

You can get an agreement on the property contingent on getting zoning permission, so you can secure it without getting stuck if you don't get the zoning OK.

I have attempted this, talked with city planning officials and made pitches to get zoning changed on property adjacent to where I am now from Commercial to Light Industrial or to get a zoning variance. . . the only thing that got anyone's attention was that I would be able to hire more people and bring in more "living wage" jobs.

Even then, it would have been a significant effort and I wound up finding a larger piece of property already zoned light industrial and we are working on a building design for that property now.

I wouldn't hold my breath for a zoning change. I think it ridiculous that a light industrial piece of property local to my business can have a zoning variance for a pot grow operation but a commercial property next to me is a huge hassle to consider for a zoning variance for light industrial.

motion guru said:

I have attempted this, talked with city planning officials and made pitches to get zoning changed on property adjacent to where I am now from Commercial to Light Industrial or to get a zoning variance. . . the only thing that got anyone's attention was that I would be able to hire more people and bring in more "living wage" jobs.

Even then, it would have been a significant effort and I wound up finding a larger piece of property already zoned light industrial and we are working on a building design for that property now.

I wouldn't hold my breath for a zoning change. I think it ridiculous that a light industrial piece of property local to my business can have a zoning variance for a pot grow operation but a commercial property next to me is a huge hassle to consider for a zoning variance for light industrial.

Click to expand...

It's just a huge amount of BS from bureaucrats that don't answer to the voters.

Aside from the problems caused by "little Hitlers" before you can get a variance there will have to be a public hearing, or the date the zoning issue will be taken up published for public comment. That's when the owners of all the boutique shops down the street get to object to a machine shop (ugh) moving into their midst. If no other shops, then all the adjacent residents will show up to object because they don't want big trucks on their street making deliveries.

In my experience, these things never go well.

Dennis

Also be careful about moving your 'existing shop/business' to the new location. No telling which of the other county commissioners knows your current county's staff. Even if you're legal now, you wouldn't remain under the radar.

Chip

In a city 10 miles from here, a guy bought a commercial building that was once a small car dealership. Used car lot next door, car wash across the street.
He 'thought' it would be no problem to re-locate his body shop there, and set about
renovating the building. New down draft paint booth, etc. Claimed he invested $60K on
improvements. Then the code dept came by. He claimed he didn't know he had to ask permission to operate as a body shop. So of course they denied him when he went to the planning board. They could care less about his investment, and the building sat empty for several years. Now it's a graphics design studio.

Going from a 2 1/2 car garage to 1,000 sq ft sounds like you only need another 500 sq ft. You say your house is out in the middle of nowhere, what about buying a storage container or two? They seem to go pretty cheap and I have seen plenty of them used as temporary extra shop space.

Mud said:

I'd suggest talking to every realestate agent in that area you can get a number for, some of them will have experiences with that zoning board, and can offer you some feedback on what you'll be able to do and how to get permission.

You can get an agreement on the property contingent on getting zoning permission, so you can secure it without getting stuck if you don't get the zoning OK.

Click to expand...

This is exactly how I think I'm going to approach it. I have a scheduled viewing next week and if I decide it would be a good fit, I'll go get pre-approved from the bank that I run my business through. I'd like to think that if I'm professional and upfront that I could get some kind of amendment or approval to do business out of it. I realize that neighbors don't want big trucks and lots of customers coming in and out of there all day. Respect is earned through respect that is given.

I too operated out of my garage for years. I am in a small village of about 3500 people and my property has gone through a couple of zoning changes but I am always grandfathered in.

But there have been a few times that I have had to seek zoning variances, and while it is a bit of a pain, and takes some forethought about how to state your case to the zoning committe, I have always gotten the variances I have sought.

Maybe my vilage is more reasonable than most - I really couldn't say. But when I would make my case, it has always been thoughtfully considered by the zoning committee. Usually I include in my proposal the benefits that my proposed variance brings to the village - either in terms of additional revenue in their pocket or the attractiveness that is gained by the changes - either to the village or to my property in particular - which is still in the village's best interest.

If I had it to do all over again - I would definitely move out of the village and build a pole building and operate without asking permission. As a matter of fact, if it were me, I would put up a pole building and make a portion of it my living quarters and use the rest for the shop.

There are a couple of shops around the corner from me on an industrial parkway, that have living quarters in them. Are they supposed to by legal definition? - probably not. So what. Man's laws are not absolute - only God's laws are. Men's laws are only suggestions that get set aside every day when it is convenient or expedient.

where my shop is at the building and zoning depts are all arrogant assholes. i didn't chk zoning when i bought it because i was going to use it for what it originally was used for. big problem tho'- need a variance now because it was last a flooring store. next problem was putting more metal doors in a metal building. big problem.
end of story i eventually had to have a meeting with the city manager and suits. all went well when the building dept was told to "push the doors through" and while i could have gotten a variance (about $1500) the head suit found a zoning classification that was close and we were done.

Joe Miranda said:

If I had it to do all over again - I would definitely move out of the village and build a pole building and operate without asking permission. As a matter of fact, if it were me, I would put up a pole building and make a portion of it my living quarters and use the rest for the shop.

There are a couple of shops around the corner from me on an industrial parkway, that have living quarters in them. Are they supposed to by legal definition? - probably not. So what. Man's laws are not absolute - only God's laws are. Men's laws are only suggestions that get set aside every day when it is convenient or expedient.

Click to expand...

This shop too has a loft up above and from the looks of the pictures it appears to have been a weekend/temporary living quarters at one time. I cannot deny that I have already thought about how I could totally get by living up there as needed, be it late nights during the week or throughout the weekends considering my weekends are pretty much packed with work for the foreseeable future.