Woman Takes Issue with Zoning and Grandfathered Property

Designating specific areas and portions of land for particular uses has not always been a practice in many parts of Georgia and elsewhere. However, over the decades, many states began implementing zoning restrictions in efforts to avoid disturbances and disputes between residents, business owners and other parties. Still, even today these restrictions do not always prevent problems, especially if a piece of property is an exception to the rule.

It was recently reported that one woman in Georgia has taken issue with the way her neighbor uses his property in a residential area. Despite the official zoning for the area being residential, the property is used to house school buses and was previously an auto repair shop. The property is even taxed as a business rather than residential property. The property is allowed to operate as a business because it operated as such before the zoning laws went into effect in 1991 and was grandfathered in as an exception.

The woman’s issues with the property use are:

  • Loud noises from 15 to 20 buses in the mornings and afternoon
  • Diesel fuel odors and particles affecting the air around her home, leaving her unable to open her windows for fresh air
  • The odors and particles exacerbating her pre-existing medical conditions, including having a pacemaker, a heart condition and other health concerns

The Georgia property owner stated that he would be happy to talk with the woman and the person renting the property in hopes of finding a solution. Of course, not all issues are so easily resolved when it comes to zoning disputes. It may be necessary to take legal action if the problems persist and if regulations could affect the use of the property.

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