Do I need to get the city involved?

beenen

beenen

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Well I called the city and asked if my area for my small home based business ( residential area from inside my garage within city limits) would be ok. They said I would need to submit a variance ( ? If I heard her right) which is harder to get accepted and will cost me $500 in fees.


She said if it gets accepted I can start the next day but if I get denied I'm out $500. I'm almost thinking do I really need to go through all this just for weekend detailing? Not like I'm having 20 customers sitting at my house everyday. Almost debating wither I want to go ahead and start my shop or just drop it lol
 
Sounds like they are hooking you with keeping the $500. Better to get variance than get caught and pay fines and possible more.
 
You know, you try to do things the right way and they make it so hard on you that it is not worth the hassle. Then in your case, if you apply and get denied, you'll have a much harder time operating as they might watch you for activity.

If I were you I would have never contacted the city.

I've done auto body repair and paint work out of my garage (in a residential area) for years and have never had an issue.

I can't imagine you would have any problems simply detailing cars.
 
My guess hey will never check. The other thing is when and if they do check...you are washing your cousins car. IMO I would forgetaboutit. Do not open Pandora's Box.

So if I were you just drop it and do what you were originally doing without getting them involved....
 
Yeah, I'm not sure why you felt the need to contact them if you are simply doing something inside your garage (although I applaud your desire to do the right thing). It would be different if you were putting out a shingle, or had a bunch of cars parked in the driveway.

On the other hand, be careful now about how you advertise, etc., since you are possibly on someone's radar now.

So back to the variance--what is that for? That must mean you are in an area not zoned for mixed use, which would mean you'll never get a variance. Of course what do I know about Indiana. If you were pretty sure you would get the variance I agree with the other post above that it would be worth it to be above board.
 
I wouldn't pay them a dime!
They take your money either way?
MOVE! lol

Just work in your garage, don't upset your neighbors and you should be fine.

But on the other hand, are their any penalties if you get caught?
Probably not, just a warning. Then apply for the variance BUT Then you'll have the info to support your variance ie: "I've been doing this for 5 months and no one has complained"

That's pretty much all you can do.
 
Check your city's zoning map to verify your zoning district. Then review the zoning ordinance specific to your zoning (probably something like R-1). Look specifically for 'home occupation'. This is usually found in the zoning ordinance but may be found elsewhere in the city code.

The ordinance should be very clear about if home occupation is allowed or if a conditional use permit is required and what constitutes home occupation. In most cases it's does require a basic permit, but $500 is ridiculous, should be more like $50.

If you are still having issues with the permitting folks, talk to the economic development staff, they may be able to pave the way for you
 
I'm on the board of zoning appeals for my town. I've also gone through this is process successfully, prior to being on the board.

You need a plan and you need to talk to your neighbors because they bought their home thinking they would be living next to a residence not a business, it's selfish otherwise, regardless of doing business legally. If your neighbors have no issues and it makes sense from the towns point of view (safety, values, the communities thoughts, etc) then you'll be approved for the variance, if not you won't be.

It's not that the city doesn't want your business to exist, it just wants to make sure that the COMMUNITY is okay with it, since originally the community's intent was residential.

The $500 is to make sure the people who are applying are serious and have done their homework, not because they city is making bank from it. From what I've seen the $500 isn't unreasonable for the paperwork and back end on this stuff depending on the laws.

I also get to have a sign in my yard due to the re-zoning...the $400 I spent on the appeal is a fraction of the amount of business my sign generates me from road traffic, let alone customers being able to find my house out of the others.
 
Here's an excerpt from my city's code:
207.020 Home Occupations.
Home occupations must comply with the following
standards:
(A)No signs shall be permitted on or off the premises.
(B) No outdoor storage or display of materials shall be permitted.
(C) No home occupation shall have an adverse affect on adjacent properties due to excessive traffic or offensive noise, light, odor, dust or other noxious substances. If the home occupation will require a delivery service, such as UPS, no more than six delivery/pickup trips per week shall be permitted. Delivery vehicles shall not be larger than a typical step van. Customer visitation to the premises of the home occupation shall be by appointment only.
(D)Adequate off-street parking must be provided for customers and for those who reside on the premises. All required parking spaces shall be located on an asphalt or bituminous surface, which is in character with the surrounding residential neighborhood.
(E) Employment shall be restricted to persons who reside on the premises.
(F) If customers will visit the premises, the areas accessible to customers shall comply with all applicable life safety codes.
(G)The home occupation must be clearly accessory to the principal use of the structure as a dwelling unit.
(H)There shall be no exterior evidence of the presence of the home occupation on the premises.
(I) The home occupation shall not occupy more than 20% of the dwelling unit's floor area.

So, people need appointments, minimize deliveries, no signs (would need a variance for this, like Scotty), I must live in the house (business is accessory use), can't be a nuisance (I'm not using anything I wouldn't on my own car regularly), can't store things outside. It does require a permit/license and neighbors will get a notice and have an opportunity to respond to the request.
 
2black1s said:
You know, you try to do things the right way and they make it so hard on you that it is not worth the hassle. Then in your case, if you apply and get denied, you'll have a much harder time operating as they might watch you for activity.

If I were you I would have never contacted the city.

I've done auto body repair and paint work out of my garage (in a residential area) for years and have never had an issue.

I can't imagine you would have any problems simply detailing cars.
Click to expand...

Setec Astronomy said:
Yeah, I'm not sure why you felt the need to contact them if you are simply doing something inside your garage (although I applaud your desire to do the right thing). It would be different if you were putting out a shingle, or had a bunch of cars parked in the driveway.

On the other hand, be careful now about how you advertise, etc., since you are possibly on someone's radar now.

So back to the variance--what is that for? That must mean you are in an area not zoned for mixed use, which would mean you'll never get a variance. Of course what do I know about Indiana. If you were pretty sure you would get the variance I agree with the other post above that it would be worth it to be above board.
Click to expand...


This is why I called the city. I wanted to advertise as much as I could but I know I would defiantly get caught if I didn't go the city way. I might lay low for a quick second..depends how I go about this


Detailing by M said:
I wouldn't pay them a dime!
They take your money either way?
MOVE! lol

Just work in your garage, don't upset your neighbors and you should be fine.

But on the other hand, are their any penalties if you get caught?
Probably not, just a warning. Then apply for the variance BUT Then you'll have the info to support your variance ie: "I've been doing this for 5 months and no one has complained"

That's pretty much all you can do.
Click to expand...

City forums say they can fine me $2,500 a day. I don't want that lol!

2old2change said:
Look into a permit for mobile detailing business permit.
Click to expand...

I'm also looking a little into this too

Audios S6 said:
Check your city's zoning map to verify your zoning district. Then review the zoning ordinance specific to your zoning (probably something like R-1). Look specifically for 'home occupation'. This is usually found in the zoning ordinance but may be found elsewhere in the city code.

The ordinance should be very clear about if home occupation is allowed or if a conditional use permit is required and what constitutes home occupation. In most cases it's does require a basic permit, but $500 is ridiculous, should be more like $50.

If you are still having issues with the permitting folks, talk to the economic development staff, they may be able to pave the way for you
Click to expand...

Yes my garage is in an R-1 zone.

this is what I found in the city document


"Home Based Business
-requiring approval from the Planning Department.
These are businesses that require some clients to visit the home, such as a one
-chair beauty salon, a music teacher or real estate agent.
Special use applicationsmust go before the Board of Zoning Appeals for a public hearing prior to approvaland require a fee of $150."

then I found this at the bottom lol

"Prohibited home occupations shall include but not be limited to automobile mechanical or body repair (other than routine maintenance and minor repair of personal motor vehicles titled to the occupants of the property), or automobile detailing."




Audios S6 said:
Here's an excerpt from my city's code:
207.020 Home Occupations.
Home occupations must comply with the following
standards:
(A)No signs shall be permitted on or off the premises.
(B) No outdoor storage or display of materials shall be permitted.
(C) No home occupation shall have an adverse affect on adjacent properties due to excessive traffic or offensive noise, light, odor, dust or other noxious substances. If the home occupation will require a delivery service, such as UPS, no more than six delivery/pickup trips per week shall be permitted. Delivery vehicles shall not be larger than a typical step van. Customer visitation to the premises of the home occupation shall be by appointment only.
(D)Adequate off-street parking must be provided for customers and for those who reside on the premises. All required parking spaces shall be located on an asphalt or bituminous surface, which is in character with the surrounding residential neighborhood.
(E) Employment shall be restricted to persons who reside on the premises.
(F) If customers will visit the premises, the areas accessible to customers shall comply with all applicable life safety codes.
(G)The home occupation must be clearly accessory to the principal use of the structure as a dwelling unit.
(H)There shall be no exterior evidence of the presence of the home occupation on the premises.
(I) The home occupation shall not occupy more than 20% of the dwelling unit's floor area.

So, people need appointments, minimize deliveries, no signs (would need a variance for this, like Scotty), I must live in the house (business is accessory use), can't be a nuisance (I'm not using anything I wouldn't on my own car regularly), can't store things outside. It does require a permit/license and neighbors will get a notice and have an opportunity to respond to the request.
Click to expand...


this is exactly how I would have it too.
 
Scott@IncrediblyDetailed said:
I'm on the board of zoning appeals for my town. I've also gone through this is process successfully, prior to being on the board.

You need a plan and you need to talk to your neighbors because they bought their home thinking they would be living next to a residence not a business, it's selfish otherwise, regardless of doing business legally. If your neighbors have no issues and it makes sense from the towns point of view (safety, values, the communities thoughts, etc) then you'll be approved for the variance, if not you won't be.

It's not that the city doesn't want your business to exist, it just wants to make sure that the COMMUNITY is okay with it, since originally the community's intent was residential.

The $500 is to make sure the people who are applying are serious and have done their homework, not because they city is making bank from it. From what I've seen the $500 isn't unreasonable for the paperwork and back end on this stuff depending on the laws.

I also get to have a sign in my yard due to the re-zoning...the $400 I spent on the appeal is a fraction of the amount of business my sign generates me from road traffic, let alone customers being able to find my house out of the others.
Click to expand...
Do you operate your detailing business entirely from home or are you mobile?
 
Or you could do what my next door neighbor does and just run a car repair business right in your driveway.
 
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