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Business operating without a license in residential zoning

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lmnjtb

Junior Member
What is the name of your state? Georgia


I am seeking some advice on behalf of my parents. They live in rural/suburban area where the typical home is 5 acres, 2000 sq. ft. The road is a county road and the entire area is zoned residential. My father discovered a business operating two doors down. It is a motorcycle shop. The man operating the motorcycle shop does not own the property, he is renting. The owner of the property lives adjoining the property on a seperate parcel to the left of the property. I checked the zoning for this parcel that has the motorcycle business operating on it and it is zoned R-3 and there is absolutely nothing surrounding the property other than additional residential parcels. My father then went to the county licensing department and found out a business license had been issued. When he inquired as to why a business license had been issued the employee who issued the license stated that the applicant told her there had been a business there years ago. There has not. My father has lived in the direct vicinity for 63 years. After my parents filed a complaint the business license was rescinded and the motorcycle shop shut down. That was about a week ago. Since then, the property owner has applied for a zoning change and that will take about 3 months to bring to the table to see if the zoning commission will allow the change. However, today my father has found out that the motorcycle business is back open. The business license department has not reissued their illegal business permit but they have said they will allow him to conduct business while the mess is being sorted out.

I now ask, what does one do about a business operating without a permit in an area it is not properly zoned?
 


divgradcurl

Senior Member
lmnjtb said:
What is the name of your state? Georgia


I am seeking some advice on behalf of my parents. They live in rural/suburban area where the typical home is 5 acres, 2000 sq. ft. The road is a county road and the entire area is zoned residential. My father discovered a business operating two doors down. It is a motorcycle shop. The man operating the motorcycle shop does not own the property, he is renting. The owner of the property lives adjoining the property on a seperate parcel to the left of the property. I checked the zoning for this parcel that has the motorcycle business operating on it and it is zoned R-3 and there is absolutely nothing surrounding the property other than additional residential parcels. My father then went to the county licensing department and found out a business license had been issued. When he inquired as to why a business license had been issued the employee who issued the license stated that the applicant told her there had been a business there years ago. There has not. My father has lived in the direct vicinity for 63 years. After my parents filed a complaint the business license was rescinded and the motorcycle shop shut down. That was about a week ago. Since then, the property owner has applied for a zoning change and that will take about 3 months to bring to the table to see if the zoning commission will allow the change. However, today my father has found out that the motorcycle business is back open. The business license department has not reissued their illegal business permit but they have said they will allow him to conduct business while the mess is being sorted out.

I now ask, what does one do about a business operating without a permit in an area it is not properly zoned?
It sounds like you've already done everything you can do. The business licensing folks obviously feel that there is a dispute as to whether or not he will be able to continue his business, so they are going to allow the business to continue until everything gets sorted out. That seems fairly reasonable -- if they didn't let him continue, he could be put out of business, and if it later turns out his business was okay, now that wouldn't be very fair to him.

The City has already made up their minds, it appears, so the only way to force the issue now would be to try and get the courts involved. If it's only going to be 3 more months or so, it's probably better to wait and see what happens -- if they allow the shop to stay open after that, then maybe you can consider legal action.
 

lmnjtb

Junior Member
My fear

is that they are setting precedence by allowing him to operate a business in which they issued a null and void business allowance. While he may have a very valid beef with the business licensing division, he now is infinging his business upon my parents home which is not properly zoned for it.

I am currently searching some of the other databases to see if taking this to state level should be the next step and what exactly those steps might involve.

The general feel for this problem is that the county bureaucrats are going to attempt sliding in a new commercialized zoning in the midst of this residential zoning to cover their own behinds with the business they've improperly given and then revoked a license. I have compassion for the gentleman taking a business however, that is his issue with the local government. My primary concern is the value and nuisance issues that have a potential negative effect on my parents property.

Thank you for your reply. I do appreciate the input as I continue plugging along attempting to assist them in preventing this business being imposed upon them.
 

somajr

Junior Member
This is crazy! It is many of a persons dream to live on there own property and conduct business out of their own home. I am not sure about all the laws where you live but here in Washington, you can operate a business out of an apartment if you follow certain guidelines. Mainly centering around Impact. ie are there people coming and going constantly? How do you know if the neighbor on the oposite side doesn't have an internet business......I mean you are here. With one click you could be on your website doing a transaction OMG you made a commercial trasaction in a residential zone!

Now....if this guy had hulks of dead motorcycles all over the place....it would make sense that there may be a separate issue (but you didn't say that). Does he have Harleys showing up at 11pm for an oil change.....they could someday Hold Sturges at your place oh Sh&%! You said that your dad has been there for 63 years....times change people grow....If he has been there for 63 years....unless he was born on that spot he is at least 80...with nuthing better to do but screw with other people! Watch out you can go to court and end up losing what you have. I have had my neighbors try to screw with me....I almost put up a fence and watched my neighbor put a driveway across his front lawn.....I would have laughed all the way to court! He smartened up and learned to get along instead of screwing with me. I have a fund just for people like your dad. I check all laws b4 doing anything and then I dare pops to screw with me...funny thing....my fund keeps getting larger with nosy peoples money!

Oh no.....I didn't know that this was in Georgia....they are still fighting the civil war..good luck with that!
 
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lmnjtb

Junior Member
I do wish you would read clearly

befoe flying off the handle. The man operating a business does not own the property. It is not zoned to operate a business. I did not state this in my initial post but let me clairify it for you. There are motorcycle people coming and going with all the extras you would expect for that type of business traffic. The property is not zoned for that currently and with all the encompassing zoning it would require "spot" zoning for that to take place.

Since my initial post we have contacted a family member who is a judge and he has guided us in the direction to challenge and rectify this situation. I am glad to hear that you for one know how to do things in the proper manner. These people DID NOT. While I am currently in typing this from my second home in Charleston, I do maintain a primary residence in Georgia. Yes, there are a lot of idiots there who don't realize the Civil War is over. However, it is unneccessary for you to assume me and my family fall into that category.

Thank you for responding to my post and bringing to my realization that when you post a question on a public message board you open yourself to ALL TYPES of responses. Some appropriate and helpful, some judgemental and one sided. I will keep that in mind in the event I get the notion to post a question again.
 

somajr

Junior Member
Read your post #3...it starts....My fear......your fears arent other peoples problems! You are transposing your fears onto this other person and changing his life because you are scared! As far as you being glad that I do things right. That is your problem....You project your feelings onto others. I don't care about you or what you think! What I do care about is the fact that I ran across this post and feel as though you are railroading this guy. Don't alter your position to make people have sympathy for your position. You are changing your initial position to gain posture and justification.

Answer on thing. Is this the first time in your life that you have done something like this? I am sure it started sometime around Kindergarten when you figured it out that you couldn't compete directly! However, you learned that you could use your teacher, your dad or the police or the county to go after people that you wanted to get your way with. You are sorry and insecure!

I read the fact the the man living there isn't the owner. What is your point that he is just a renter! Does that make him less (entitled)? Why aren't you and daddy sniffing out Meth houses? Yes I am a live and let live type. I don't like people in my business....it amazes me that people think that they are entitled to know what I am doing on my property rented or owned. I don't think it is any of your business what he is doing on his rented or owned! If he is renting he obviously doesn't have the money to own. This person is trying to use his ability to better himself and his kids or just survive and you are trying to put a stop to it. You are sick and mean!

Let me try one more angle that you won't get either.....when people don't have options they lower their standards.....it is a fact! You shutting him down just for the sake of it closes one more option for this guy. Maybe after you make him homeless he will come back and sell your children meth.

As far as flying off the handle....I can do what I want...I don't think that you have enough money to shut me up! If you did.....you wouldn't waste your time on this guy!
 
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lmnjtb

Junior Member
Funny

how you think you have more money than me. Ironic that you think zoning and business laws don't apply to this gentleman. That is NOT a point relevant to this topic and I don't understand any reason for it to brought into the discussion other than your NEED to bring it in.

Not that you will understand this either, you're entitled to your opinion be that as it may and I respect that although I do not agree with it. Once again, thank you for your enlightening opinion.
 
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somajr

Junior Member
I respect zoning laws. However if you look at how they are applied....they change at a drop of a hat for people with money. When you first posted here, you stated that he did get a business permit. He paid the required fee. That should have been the end of it but your meddling daddy had to overturn that. Now that this person is trying to work through the system....you have summoned your judge relative to attempt to insure that this person can't abide by the law! Hence he will have fewer options...it is simply economics. You don't even realize that as long as he is working, he isn't doing anything wrong. How many sex offenders do you have within 2 miles from yourself? Do you even know? Not trying to tell you what to do. Sex offenders are an issue worth going after if you must do something to someone. This guy doesn't have any money and you know that. You know it is the responsibility of people in power to take care of those less fortunate. You are doing the opposite. You are pushing him down. If he is successful in his venture it will grow and he will leave. If you make him fail, he will also leave. You have to sleep with yourself. You came here for help...you got it, you just can't handle the answer.

Once you block his effort to abide by the law...why don't you follow him to his next place once he can't pay his rent and make sure he fails there as well. You are truelly what is wrong with this country! I tell you what..Since you don't think that you can be beat....I mean you have dirty judges in your back pocket...why don't you give me this fellows # and I'll enlighten him to what he is up against and maybe he will leave sooner!
 

NoDawg

Junior Member
somajr said:
I respect zoning laws. However if you look at how they are applied....they change at a drop of a hat for people with money. When you first posted here, you stated that he did get a business permit. He paid the required fee. That should have been the end of it but your meddling daddy had to overturn that. Now that this person is trying to work through the system....you have summoned your judge relative to attempt to insure that this person can't abide by the law! Hence he will have fewer options...it is simply economics. You don't even realize that as long as he is working, he isn't doing anything wrong. How many sex offenders do you have within 2 miles from yourself? Do you even know? Not trying to tell you what to do. Sex offenders are an issue worth going after if you must do something to someone. This guy doesn't have any money and you know that. You know it is the responsibility of people in power to take care of those less fortunate. You are doing the opposite. You are pushing him down. If he is successful in his venture it will grow and he will leave. If you make him fail, he will also leave. You have to sleep with yourself. You came here for help...you got it, you just can't handle the answer.

Once you block his effort to abide by the law...why don't you follow him to his next place once he can't pay his rent and make sure he fails there as well. You are truelly what is wrong with this country! I tell you what..Since you don't think that you can be beat....I mean you have dirty judges in your back pocket...why don't you give me this fellows # and I'll enlighten him to what he is up against and maybe he will leave sooner!
You contradict yourself with every statement. Zoning laws are passed for reasons you fail to comprehend I guess. Paying a "Fee" dosen't make it alright to conduct a motorcycle business from a rented home in a residential zoned parcel.
It is about the Money however.
I get a kick out of your comment "You are truelly what is wrong with this country!" when in fact it's you. You respect zoning law but feel it's ok for someone else to break it?
I'm sorry you feel it's ok to break law just so this renter can make money. He should put his so called "business" in a business zoned parcel of property like everyone else does.
Sounds like the guy should be turned into the IRS and audited to boot. I'd bet he takes cash payment and dosen't report it as income.....
 

somajr

Junior Member
I don't think that he is breaking the law. In her first post, she stated that he had applied and got a permit. Her father got it revoked. The law of that county has at this point gave him a provisional permit. She is behind the scenes employing the power of a Judge to make him fail. That is wrong. If this guy isn't reporting to the IRS...think about it...he is a renter.

It took my company to break $165,000 per year b4 I had to pay a dime to the IRS and I report every year. I had to live like I was on welfare to get to where I am. I earned it. He r whole goal is to make him fail. Look at her posts. She is worried that if he exists then her area will turn into a commercial district. This is crazy thinking. How about every cop that brings his police car home or a truck driver that parks his rig at home. They are commercial vehicals. Shouldn't they be restricted to certain areas. There used to be a time that you only sort of heard about the government. Now, you can't do anything without being regulated. Enough is enough.This guy isn't raking in money hand over fist. Be real!

Let me ask you this? Would you shut down grandma from baking cookies to sell to support her tiny pension that only pays her prescriptions? Maybe she should be in a commercial district as well! Lets find her together! You make the first move! You probably don't know understand or care that this country was built on businesses that started in a garage. Boeing Aircraft Company was started in a shed! Apple computers was started in a garage! You wouldn't have ever known what a mouse was if missy was next door shutting them down!

I don't know about Georgia but most successful states have laws that support cottage businesses. the consideration is usually centered around impact to the area. If the business doesn't interfer with normal lives then the county accepts the application. If the guidelines are met then the permit is issued. On my drive to my house, there are about two or three businesses along the access road. they look like normal houses with a large garage or shop. No different that the hay barn further down the road. The only exception is that they have a sign that says that they are in business. I have never heard noise, smell or seen scarry people outside. I am not about to call the county and tell them I am offended that they didn't call me and ask my permission. Then start making trouble for the owners. Now if I wreck my car because of some big grease spot or if some guy tries to stop me and sell me drugs....I will speak up. But I will make my response fit the situation.



I am not sure about Georgia, is that still a state anyway? I thought it just sunk into the Ocean? Oh no..my bad that was one of the other two dumb states that don't really matter! What is Georgia known for? Nuthing good anyway!
 

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