Can I stop a tow lot being built behind my house?

[crygon]

What is the name of your state (only U.S. law)? Texas

Hello,
I live in Austin, Tx in a residentially zoned subdivision. My house is on the edge of an industrial park (IP) zoned area. This week, a company started placing gravel in the lot behind my house. I found out that they are installing a granite-cutting building and a tow company's lot. The lot will be used to store towed cars. My question is, is there anything I can do to stop this?

A couple things:
- Here's the original zoning folder details: https://abc.austintexas.gov/web/permit/public-search-other?t_detail=1&t_selected_folderrsn=179959
- The owner on the original folder is not the current owner.
- My subdivision was not here when the land was zoned for industrial park.

Thanks in advance for any help.

 

[justalayman]

So that land was already zoned commercial before not only your purchased your home but before the subdivision your home is in was even created?

Your complaint is like the city folk that move out into the country next to an existing pig farm and complain about the smell.

Unless there is an argument to be made that a tow yard may be an environmental concern, I suggest you buy a nice solid fence.

 

[LdiJ]

So that land was already zoned commercial before not only your purchased your home but before the subdivision your home is in was even created?

Your complaint is like the city folk that move out into the country next to an existing pig farm and complain about the smell.

Unless there is an argument to be made that a tow yard may be an environmental concern, I suggest you buy a nice solid fence.

I do not entirely agree with you. The tow lot was not there first. The commercial zoning was there first but not the tow lot so your analogy about the pig farm really doesn't fly.

I waffle a bit as to whether or not there is anything that they can do about a tow yard being located behind their house. In general a tow yard is storage so theoretically it could be difficult to claim that it had nuisance value. However, depending on the business and activity of the tow yard it could actually be a potentially serious nuisance. A tow yard that engages in predatory towing could be very busy 24/7 and therefore could create quite a bit of noise 24/7.

I watched my brother and his neighbors fight the good fight and stop a certain kind of business from being located behind their homes. It took enormous effort and dedication and a determination to fight a battle that no one thought that they could win, but they did. Therefore I am never going to tell someone that it cannot be done, but I will say that its not easy and it has to be really really worth it.

 

[justalayman]

I do not entirely agree with you. The tow lot was not there first. The commercial zoning was there first but not the tow lot so your analogy about the pig farm really doesn't fly.

I waffle a bit as to whether or not there is anything that they can do about a tow yard being located behind their house. In general a tow yard is storage so theoretically it could be difficult to claim that it had nuisance value. However, depending on the business and activity of the tow yard it could actually be a potentially serious nuisance. A tow yard that engages in predatory towing could be very busy 24/7 and therefore could create quite a bit of noise 24/7.

I watched my brother and his neighbors fight the good fight and stop a certain kind of business from being located behind their homes. It took enormous effort and dedication and a determination to fight a battle that no one thought that they could win, but they did. Therefore I am never going to tell someone that it cannot be done, but I will say that its not easy and it has to be really really worth it.

Sorry but you’re wrong. My analogy is just fine. . The commercial zoning was in place. One has to accept it being used for commercial purposes.

They can’t argue nuisance value because the tow yard is an acceptable commercial use of the lot that would need no special approval. If the noise created violates existing ordinances then they could seek to remedy that issue. Many municipalities have noise ordinances that even commercial entities must comply with.

Your statement about the tow company being some predatory entity is simply rediculous. Any tow yard is potentially a 24/7 business just as any commercial business may be. Again, that is a risk one runs when they build next to an existing commercial zone.

I have no idea whether your brothers situstion has any similarities. I can only guess the business was a whore house pretending to be a massage parlor given your description of it. It really doesn’t matter though unless it was a tow yard, which i suspect it wasn’t.

 

[Taxing Matters]

I do not entirely agree with you. The tow lot was not there first. The commercial zoning was there first but not the tow lot so your analogy about the pig farm really doesn't fly.

The analogy is close enough though. The point is that the commercial zone was already there before the subdivision was even started. That being the case, the buyers in that subdivision knew what was nearby: an area zoned for commercial use. Knowing that, a buyer has to anticipate that any business who meets the criteria for that zoning might move in there and the buyer needs to decide if he or she would be willing to live with the most bothersome commercial enterprise that would qualify to operate in that zone. If the answer is no, buy your home elsewhere. If you buy anyway then you really don’t cause to complain when a conforming business is established in that zone because you knew (or should have) that sort of thing could happen. Too many people make the mistake of seeing what is there when they buy and think it will always be that way. But few things stay the same forever, and the buyer really needs to think about what kinds of businesses might move in given the zoning of the area.

I waffle a bit as to whether or not there is anything that they can do about a tow yard being located behind their house. In general a tow yard is storage so theoretically it could be difficult to claim that it had nuisance value. However, depending on the business and activity of the tow yard it could actually be a potentially serious nuisance. A tow yard that engages in predatory towing could be very busy 24/7 and therefore could create quite a bit of noise 24/7.

If the area was zoned to allow for that kind of activity and there is no ordinance against operating 24/7 then complaining that the business operates 24/7 isn’t going to get the homeowner anywhere. Again, the homeowner was on at least constructive notice of what that area was zoned for.

I watched my brother and his neighbors fight the good fight and stop a certain kind of business from being located behind their homes. It took enormous effort and dedication and a determination to fight a battle that no one thought that they could win, but they did. Therefore I am never going to tell someone that it cannot be done, but I will say that its not easy and it has to be really really worth it.

Without knowing the full details of the OP’s situation I cannot say for sure there is nothing that can be done to stop it. The OP would want to consult a local attorney who deals with land use matters for advice on that. If the business needs any kind of variance, or would violate some local ordinance, etc then there are avenues to deal with that. The OP might also try to get an ordinance passed that would at least curtail the worst problems the tow lot might cause. But as you say, it may be an uphill fight, and that can get very expensive to wage.

 

[Ohiogal]

I agree with you all but LD. Not that she will know that because she is "ignoring" me. She didn't like being told she was wrong by me about the law and her "knowledge" of it. She is wrong here as well for the reasons you all went over.

 

[crygon]

Thanks all for the quick responses. I was expecting to not get anything for a week or more. You are awesome.

I appreciate the info. We did research the lot when we bought 4 years ago. I read about Industrial Park (IP) zones and was okay with a warehouse or small manufacturing building. The land is between one and three acres, if I was to guess, so we knew nothing huge could be built. Our concern is the traffic that a tow lot brings, both quantity, frequency, and clientele. I think the previous poster mentioned 'predatory' towing. Another poster misinterpreted this, I think. I think the first poster meant tow lots that tow for the city and private property. For example, you park in an apartment complex in someone else's spot. The apartment complex uses a tow company to move the car at the owner's expense. Maybe I'm wrong but this is the type of traffic that I'm concerned about. There's another tow lot about two blocks from me. However, due to location, the traffic to/from this lot does not cause issue.

We definitely gambled when we purchased and understood the possibility that someone would build something. I just wanted to make sure that what they are building is within spec, and legal. Since the zone is so close to a residential area, is there limits that they have to follow? I think I read that there cannot be more than 2,000 vehicles going in/out of the business. Is there any other limits? Like where they can build? For instance, X amount of feet from the street or X amount of feet from closest neighboring building. Maybe other limits like noise level limits. I'm guessing this is bordering me needing to seek paid legal counsel but I thought I'd ask.

Thanks again for the help. Have a great day.

 

[Mass_Shyster]

My primary concern would be hazardous waste (gas,oil,transmission fluid) leaking from the cars that are towed in, particularly after a crash. They could end up sitting there, leaking, for years.

You will need to study the zoning laws for that particular property. I doubt anyone here knows them.

 

[justalayman]

I didnt misinterpret anythjng regarding a predatory towing company. I knew exactly what she was referring to and it’s irrelevent to the discussion. A tow lot is a tow lot. Unless there are laws in place to prevent operation outside of some set hours, they are all able to operate 24/7 and many do, at least if they wish to be profitable. Tow truck operation isn’t a 9-5 business.

Your other queries are specific to your local ordinances. You would need to contact your municipal offices to obtain the information you seek.


Stevef spoke to the environmental concerns I spoke of previously. Leaking fluids, especially if you have a private water well, would be a very big concern for me.

 

[adjusterjack]

This week, a company started placing gravel in the lot behind my house. I found out that they are installing a granite-cutting building and a tow company's lot. The lot will be used to store towed cars. My question is, is there anything I can do to stop this?

Realistically, no.

They've already gotten their approval and permits.

You can throw a bucketful of money into litigation (if you have a bucketful of money) but all you are likely to do is delay a bit.