Zoning regulations are supposed to help prevent nuisances in communities where people live close together, but what happens when the zoning codes and enforcement are the nuisance?
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There have been many articles in the news recently about over-zealous HOAs fining people for simple things like flying the US flag on their property, or growing tomatoes, or the Oak Park woman who is walking a fine line between suitable and jailable, or Ms. Morrison, who lost her food future because Tulsa couldn't wait for a proper decision.
When does our property cease to be our property?
I can understand not allowing hazards around dwellings that are closely packed together. I can understand not wanting trash to build up and bring pests and such. I can understand noise ordinances because loud noises can adversely affect the health and well being of the neighbors.
But to control ornamentation and gardening? That's a bit too oppressive for me.
I figure if I can see my 6" tall dogs, the grass is short enough.
My lettuces and strawberries are also short plants that are virtually invisible from the curb.
My fairy gardens (on pedestals and posts) are also edible miniature gardens - wooly thyme and tom thumb sunflowers and edible miniature carnations, among other plants. Even though these uplifted miniature gardens aren't zoned properly (I once had a neighbor complain about the house I built in my front yard and when code enforcement came out, they had to ask me where the house was. When I showed them the fairy gardens, they said it fell under our "don't ask, don't tell" agreement), I can't see what harm they'd cause the neighbors.
Some ordinances make for a more comfortable and healthier living experience when your neighbors are close. But there are limits to what other people can demand you do or don't do with your property even if you live in condos (although condos would be the most restrictive).
Flags, house colors, and gardens don't adversely affect anyone's health. In fact, I think being able to be different and creative on those regards can make a neighborhood livelier and happier.
All of those things are temporary. Well, painting the house might take a bit of time...but I think houses like this one
or this one
add character to a neighborhood and I'd be more willing to live somewhere where the people weren't afraid of being different.
Cookie cutter neighborhoods scare me off. It's such a very Stepford Wives kind of thing, and you just know the people who live there would never speak up for themselves, let alone someone one else who needs it. Those kinds of neighborhoods look cold and unloved to me.
I may be a radical (and who would have suspected that? I'm such a conservative soul - that's dictionary definition of conservative, not political), but I think if someone owns property and they want to grow roses or tomatoes on it, they should be able to. And if they want to paint their house in stripes
or wrap themselves in the patriotism of their nation's flag
I'd be pleased to be their neighbor.
It would be a fun neighborhood. Can you imagine the block parties?
So what do you do if you live in a neighborhood that stifles all signs of otherness? Or you come up against code enforcement? What if you called and thought you had clearance to do what you asked about, only to discover that the person to whom you spoke had a) no authority to give permission, b) gave you wrong information, and c) never even tried to connect you with the people who could give you the information and permits you needed?
Should you be liable if you made an honest effort to comply? What level of liability does the person(s) who misled you have?
And honestly, should such simple, pleasurable things as flying your country's (or state's) flag, or having a victory garden (which traditionally was placed in the front lawn), or even having a lovely house paint job be so heavily restricted?
I've had words with the city council and the zoning commission and my address is listed as a "don't ask, don't tell" "look the other way" house. I, and by spillover, my neighbors have a greater leeway in house paints, front yard gardening, and flag flying, but that could change with the next election.
I'd love to live in a neighborhood filled with people who weren't afraid of expressing themselves because of the strong possibility of being fined for it.
Have you come up against bewildering and oppressive zoning regulations? What did you do?
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July 1, 2012
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