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  #1  
Old 01-05-2003, 04:48 PM
olina
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having a business in a residential zoned area


What is the name of your state? Massachusetts

I have had a business certificate from the city since 1990 to conduct a small business out of my home which is in a residential area. I having been paying sales tax on my sales to the Dept. of Revenue as well. Although it is not commercially zoned, I have never had a problem with any of my neighbors some of which shop at my boutique and some of which have no idea it even exisits. I do not have any signs on the house, I am not open to the public and I do not advertise. It is mainly "word of mouth" and I conduct business "by appointment" and occasionally I hold an open house for my customers.

My problem is that one of my neighbors has put a complaint in to city hall regarding my business, as well as, the two handicapped parking spaces on my street (one of which belongs to my elderly father). This neighbor, who has been recently arrested for abusing his wife and has been witnessed many times by myself, my family and several of our neighbors selling drugs in the neighborhood, consistenty parks his vehicles illegally in front of my house and in front of other neighbors' houses and has gotten several tickets. He is upset because my father and one other neighbor both have reserved handicap parking spaces on the street even though they both own a driveway.

My question is this....If I am confronted by City Hall do I have any legal right since my business has existed without any problems in this location since 1990? Is there some type of variance or "grandfather clause" that would apply to me??
Any advice would be greatly appreciated.
  #2  
Old 01-05-2003, 09:19 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: having a business in a residential zoned area


[quote]Originally posted by olina
[b]What is the name of your state? Massachusetts

I have had a business certificate from the city since 1990 to conduct a small business out of my home which is in a residential area. I having been paying sales tax on my sales to the Dept. of Revenue as well. Although it is not commercially zoned, I have never had a problem with any of my neighbors some of which shop at my boutique and some of which have no idea it even exisits. I do not have any signs on the house, I am not open to the public and I do not advertise. It is mainly "word of mouth" and I conduct business "by appointment" and occasionally I hold an open house for my customers.

My problem is that one of my neighbors has put a complaint in to city hall regarding my business, as well as, the two handicapped parking spaces on my street (one of which belongs to my elderly father). This neighbor, who has been recently arrested for abusing his wife and has been witnessed many times by myself, my family and several of our neighbors selling drugs in the neighborhood, consistenty parks his vehicles illegally in front of my house and in front of other neighbors' houses and has gotten several tickets. He is upset because my father and one other neighbor both have reserved handicap parking spaces on the street even though they both own a driveway.

My question is this....If I am confronted by City Hall do I have any legal right since my business has existed without any problems in this location since 1990?

**A: legal right to do what? Buy drugs from him, blow up his car, shoot him**************.?
************
Is there some type of variance or "grandfather clause" that would apply to me??
Any advice would be greatly appreciated.

**A: if your business use certificate is still current and valid, you have the right to operate your commercial business in a residential zoned area.
  #3  
Old 01-06-2003, 05:28 AM
bhirst
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I think you need to see an attorney in your area that can help guide you through the process. One that has delt with zoning problems in a non confronting or arrogant way like starting off with the line,"**A: legal right to do what? Buy drugs from him, blow up his car, shoot him**************.?"
  #4  
Old 01-06-2003, 10:10 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
[quote]Originally posted by bhirst
[b]I think you need to see an attorney in your area that can help guide you through the process. One that has delt with zoning problems in a non confronting or arrogant way like starting off with the line,"**A: legal right to do what? Buy drugs from him, blow up his car, shoot him**************.?"

**A: another useless sour grapes post by bhirst.
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