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Pesky Neighbor

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Just got served a 'zoning violation' for blacksmithing. Looks like I'm shut down for a while.

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  • Francis Trez Cole
    Francis Trez Cole

    In my area They do not recognize blacksmithing Had to register as a welding shop. Artist blacksmith goes a long way for sure. check all the laws out for your self you can probably find them on line so

  • HWooldridge
    HWooldridge

    Hmmm, nobody has suggested proper root cause analysis using 5-why method. Example: The Washington Monument was suffering undue concrete degradation - why? 1) Because pigeons were using it for a toile

  • BIGGUNDOCTOR
    BIGGUNDOCTOR

    So it's dark tonight when I got home, and I am trying to unload one of my trailers, so a friend can use it this weekend. Had to push the dead Saturn out of the way, fire up the forklift-stuck needle a

  • Author

Basically that I'm running a business out of my home and that a residence is not zoned for industrial work.

Hey Arean. I know all about pesky neighbors. Check out the post that I made earlier this year. :D

If you are running a business then you would have a business license. If you have a hobby, then it is not a business.

Are you running a business or do you have a hobby?
Look into declaring yourself an artist and your set up a studio.

Sometimes there are interesting dispensations for "artist studios"---this is where a membership card to a smithing group with Artist Blacksmith in it's name comes in handy and start referring to your smithy as an atelier.

Thomas is right on. You need to get a "zoning variance" to run a business from your home. Most areas like artists. Mine cost me $1,000 and a lot of paperwork and photos, but I got it. But do everthing they ask you for the paperwork.

Most places in Ky you're business is only in violation if you slow or impede the flow of traffic in the residential zone or operate past quite hours and become a disturbance, why I forge from 10am to 5pm mostly.

In my area They do not recognize blacksmithing Had to register as a welding shop. Artist blacksmith goes a long way for sure. check all the laws out for your self you can probably find them on line some times code enforcement just wants the complaining neighbor to go a way. So they will tell you what they think you will believe. Here quit time is 10:00 pm but I invited the neighbors over for the breaking in the new power hammer party LOL. Gave them a candle holder or a hook. They just built new homes on 11 acres next door I made sure that during the public hearing for there zoning change I put on record that I blacksmith so if the Realtor did not fully disclosed the neighbor hood not my problem. My lawyer advised me to get it on public record. Do not want to make enemy's but my pursuit of happiness comes first.

  • Author

Thank you everyone for the positive responses! I appreciate it.

My course of action right now; is to move my shop into the garage (no more rusty hammers, tongs and chisels! yay!) and keep the forge just outside the garage door. This will put my 'art studio' on the other side of the house from the pesky neighbor and hopefully lower the noise by having the anvil inside the garage.

In the morning I'll be going to the city office to have a few more questions answered... Then will be talking to my neighbor.

I'm fairly set on not letting this get me down... or stop my hobby.


This neighbor has called our landlord, neighbors, police, and now code enforcement. I won't be surprised if she still pursues this to legal action (which is her last available option).

If it's truly a hobby then you're in the clear. If you need to move the forge outdoors to use it then I reckon it burns coal or coke and that's another matter especially in Ca.........Smoke is one thing that can be mitigated but fly ash settling on fresh laundry hung out to dry will never be resolved unless you go to gas..........

  • Author

I am very tempted to go to gas. I have a few things holding me back though.

How does the cost of propane compare to coal? As in: does 30 dollars of propane last as long as 30 dollars of coal?

Gas costs can have a wide range based on the forge and pressure used, as well as how you use it ie more welding heat = more gas expended. I cannot afford to use gas alone coal is MUCH cheaper for me personally. Also depends on region and availability~


I am very tempted to go to gas. I have a few things holding me back though.

How does the cost of propane compare to coal? As in: does 30 dollars of propane last as long as 30 dollars of coal?


Yea...NO. 30 dollar of coal is some 300# (or more) for me, including paying my brother in law gas money to get it. 30 dollars of propane is 2 grill tanks, or about 12-16 hours of forge time with my postage stamp. Yes I am paying more than I could because I have been exchanging instead of filling.

Phil

Im in the part of Kentucky that dosnt have neighbors :D We use coal and gas but I can get a quarter ton of coal for what it costs to fill a 40# tank..That and I just like coal better anyway..Lisa uses gas, she dosnt appreciate the smell of coal like I do..I grew up in a house that used coal for heat..

Most places in Ky you're business is only in violation if you slow or impede the flow of traffic in the residential zone or operate past quite hours and become a disturbance, why I forge from 10am to 5pm mostly.

Hmmm, nobody has suggested proper root cause analysis using 5-why method. Example: The Washington Monument was suffering undue concrete degradation - why? 1) Because pigeons were using it for a toilet - why? 2) Pigeons were attracted to spiders nesting on the monument - why? 3) Spiders were attracted due to unusually large bug population - why? 4) Bugs were attracted because profile lights were left on all night long - why? The final solution was to turn off the lights after 10pm, which saved $300,000 in electricity bills and stopped excessive decay due to bird poop.

That's a long winded description asking why did your neighbor report you in the first place? Is she worried about chance of fire, degradation of property value, etc? When you have definitively answered that question, you will have the solution to continuing your blacksmithing practice.

I agree with above comment by HWooldridge. Why is a good place to start. Is this a little old lady or a shift worker? How close are the houses to each other? Is vibration a problem? Is smoke a problem? etc...

Adam

  • Author

I agree... And to HWooldridge; great analogy!

This particular neighbor called the police on us the first time my son had his band over to play. (at 12 in the afternoon.) After that we talked to her and came to an agreement on times of day (11-4). Next time he had the band over we gave written notice to all the neighbors, including her. We also talked to her personally. She again called the police that same day.

Since then she has called all our neighbors, our land lord, the police, and code enforcement.

NONE of our other neighbors are bothered. Including our other next door neighbor who is a pregnant stay at home mom. (It's mostly for her that I stick to a 10 - 5 forging time frame.)

Today I'm having all my neighbors and landlord write a letter for me on the subject and I'm going to talk to the police about her harassing us.

If you are in CA go with propane! If they make a fuss make sure they shut down every gas grill in the township/county/city/administrative unit!

Also get a Fisher anvil so to be "quiet". Always try to get over heavy ground as lightly as possible!

I had an "unknown" neighbor call the fire department on me 4 times because of my smoke. By shear providence each time I was not using the forge but cooking in my smoker---which use has an ironclad exception to the "fumes" rule.
After the fourth time they wedged that big firetruck down the narrow alley way in the old section of Columbus OH only to see me cooking salmon for dinner, the calls *stopped*! (I learned under the table that they told her that there would be an over US$1000 fine for any more "false alarms"---they never would tell me which neighbor it was though.)

Now out here in the NM sticks, everyone burns their trash, clears their fields by burning and does things like running a loud diesel for 3 days straight to irrigate those fields, (and has a scrap pile!), I fit right in! If you see a fire on your neighbor's property you stop and make sure it's *controlled* and go on your merry way!

That's a tough one- I have been lucky and have neighbors that do not mind what I do. I also work during "normal " hours. Also I do not think that the cops here would ever respond to a noise issue, I am sure they are too busy trying to deal with gang activity and such. They will only make a noise violation call after 10:00 PM (My friends have a band)
If it is a smoke issue you can get coke from John Mclellan in Loomis it burns cleaner than coal and you get about the same amount of heat as with coal.

As a firefighter I was once called to a "fire" in a rough area of town where there were no sidewalks and only a few streets (lots of the homes there are literally walk-in residences). The denizens of the area can be a little "STRANGE". We answered this call at 3:00 AM and there was quite a crowd of watchers (maybe say 70 to 80). The "fire" turned out to be a trash fire in a fireplace. The homeowner had returned from the bar after closing time (1:00 AM there and then) and was chilly so he lit a pile of paper trash in the fireplace. The sudden appearance of smoke from the chimney alarmed the neighborhood and they called our department... remember this was at 3:00 AM! I have rarely witnessed such a crowd at a small fire site ANY time of day!

Be careful, code enforcement can be the bane of your existence, especially in CA. Once they get on you, they are VERY hard to get rid of. It has been a looooong time since I was in Chico. I grew up down the road in Fairfield.

  • Author

That's kind of what I'm afraid of. I don't want to deal with fines, harassment, or court. ...in general; long term pains in the XXXX.

I've moved my shop into the garage and now have to drag the coal forge in and out...and I'm facing out toward the street now. I was in the backyard. I've lost my privacy. But on the flip side my shop isn't going to constantly fill with leaves and require a leaf blower every morning. Also, my tools wont rust every time it rains.

I see the situation as half loss/ half win. My wife thinks I've rolled over and am 'taking it'...which sucks.

Sounds like "Trouble in Paradise" (sorry had to do it) Code enforcement can be a pain, they came through my neighbor hood a few years back and got every one that had broken down cars in their driveway. They got me for a car in the driveway that I had a non-op on, it ran but was not registered. They also tagged me for a carport type tent that I had behind the fence in the driveway. I had 3 days to fix the "Violations" or the would levy a fine, like $300 per item. I had to insure the car and register it and I took down the tent and covered the stuff with a tarp. I saw the code enforcement guy come around about a week later to see that everyone complied, he drove by looking and taking notes.

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