Commercial uses in residential areas: What you need to know

QUESTION & ANSWER

Q: Can I do work on cars, snowmobiles and boats out of my garage for a little extra cash?

A: Certainly you can work on your own stuff. Many people change their own oil and do repairs they can handle out of their garage.

Q: Some of the stuff I do is my own; however I do work for friends and some minor work on other people’s vehicles who call me. Things like winterizing, cleaning and polishing, minor engine repairs and tune-ups are very common. And I get paid a little for this service work.

A: Again, your own stuff is okay. Obviously if you have cars, boats, trailers or snowmobiles that are unlicensed or dismantled all over the place outside, that may create a different problem of property maintenance. That may be a problem in any zoning district, commercial or residential.

Q: My house is in a commercial zoning district, which means I can actually run a service business, right?

A: Possibly, but not guaranteed.

Q: What do you mean by that… not guaranteed?

A: There are two things that must be done. First, verify what Commercial District Classification you are in. There are six different Commercial Zones, CB 1-6 [Commercial-Business]. Each sub-district conditionally allows certain types of commercial activities, and some activities are just plain prohibited.

Q: What does Conditionally allowed mean?

A: Well, that is the second thing… Conditionally allowed requires Town Planning Board approval as a Conditional Use Permit.

Q: I still don’t understand… why can’t a commercial activity just happen in a Commercial Zoning District?

A: Not all uses may be appropriate for the location being proposed, even though the area may be zoned commercial. The requirement for a Conditional Use Permit from the Planning Board is to allow an opportunity for public comment and try to identify potential impacts. Then, if found appropriate, establish reasonable conditions to operate the proposed commercial use. The Board can even deny the application if they determine that the proposed use is simply not appropriate for that location.

Q: Can I apply for a Conditional Use permit to do what I’m doing?

A: Looking at this Zoning Map, it appears that your area is zoned CB-2, which prohibits what you are doing. This means it is not even a potential conditional use, therefore what you are doing is a violation and you need to stop working on other people’s vehicles.

Q: If I can’t do what I’m doing, how can those two businesses across the street from me be operating?

A: One of those businesses received a Conditional Use Permit years ago, and is very different business than what you are doing. They went through the entire public hearing and comment process and ultimately obtained approval with many conditions.

Q: What about the other one, he has all sorts of vehicles all over and is constantly working on vehicles that do not belong to him. And he is in a CB-2 zoning district just like my property.

A: That one is a little different. That is a lawfully pre-existing, but non-conforming use. And, as such, is allowed to continue and even expand with Planning Board approval. Actually, through the years, that property has come to the Planning Board a number of times for certain changes and expansions.

Q: Why was my property zoned CB-2 and not CB-1 or CB- 6, which would allow what I’m doing as a Conditional Use?

A: That is a great question. Around the mid 1990’s the town did a major review of all the CB districts. Prior to then, there was not any distinction, or sub-districts in CB zones.

Everything was just CB or zoned something else like residential. The reason for the 1-6 sub-districts was to identify certain commercial or business uses that were clearly not appropriate for certain areas, even if zoned CB. Things like major automotive sales and service centers would not be allowed in the heart of the main street as an example.

Q: What can I do to get approval?

A: In your situation, it will be difficult at best. You could try to get a Use Variance, or get the Town Board [not the Planning Board] to change the zoning classification.

Either of those is potentially very difficult. I suggest you consult with your attorney to seek advice as to the process involved. A Use Variance is very different from an Area Variance, which merely offers some form of dimensional relief from the zoning ordinance typically involving some sort of property line setback distance requirement for a structure, not the use of the property.