I have a 1 acre lot where I built a 30 x 50 shop. I have a small business operated out of my current home on another property. I make seafood patties and a few other items to sell at farmers markets. I have spoke with FDA and know what I need to do to allow my business to get FDA approved so that I can put my items in restaurants and stores. Well the property with my shop is zoned agricultural but has neighborhood restriction of no business. I know several other people have had businesses (window tinting) in their yard for over a year. I have been told that if they operated for over a year and nobody harassed them the neighborhood restrictions become null and void. Any attorneys know if this is true?

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Posted by Zilla

Member since Jul 2005

10599 posts

Posted on 8/5/13 at 1:40 pm to DownSouthTiger

why break the rules? What's next, Pablo's taco shop on his front lawn? That's what you are asking for if you get away with it, b/c what can they tell Pablo at that point... I'm pretty sure there are FDA approved kitchens you can share/rent?

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Posted by DownSouthTiger

downsouth

Member since Jan 2005

2555 posts

Posted on 8/5/13 at 1:52 pm to DownSouthTiger

They were made by a guy that bought about 15 acres of land between some woods and canefield he divided into 1 acre lots. I spoke with him and he is fine with my business which has no storefront an will not sell any products out of my house. There will be no extra traffic due to my business and his intention to the regulation was not to have an auto body shop or salvage yard in the area. I do it now in my current outdoor kitchen and I assure you none of my neighbors know it even exists. I am not interested in running a taco shop. If this business were to grow any larger I would get another facility away from my house I wouldn't want a big operation at my house right now I am just wanting a way for my wife to quit working at her job to help take care of my autistic son and do a little work at home with out making a huge investment.

This post was edited on 8/5/13 at 1:53 pm

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Posted by elposter

Member since Dec 2010

25080 posts

Posted on 8/5/13 at 1:56 pm to DownSouthTiger

quote:
I have been told that if they operated for over a year and nobody harassed them the neighborhood restrictions become null and void. Any attorneys know if this is true?

This sounds like a restrictive covenant which is contractual in nature but they do have some property law aspects to them. I am not aware of any rule of law that says if the covenant is broken openly for a year without someone seeking enforcement that it becomes null and void. It could be in the written covenant I guess but I doubt it.

Still, I think if your operation is as unintrusive as you say, I would just do it and keep it on the down low.. Worst they will probably make you do is stop.

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