Thu, Aug 24, 2006
Zoning Rule Targets Those Building Planes
The Experimental
Aircraft Association says it's fighting a new law enacted in
Jacksonville, FL a couple of months ago -- a law that apparently
came about because of a dispute between an EAA member and some of
his neighbors. But the law itself has far-reaching implications for
home-builders across the city... and could be felt nationwide.
The ordinance prevents the construction of any aircraft of
airboat at a residence in Jacksonville. That means no more building
or restoring airplanes in the garage or the back yard.
Now, in some communities around the country you'll find local
zoning laws or neighborhood association rules that prohibit
building anything at home... but this law is limited to airplanes
and airboats.
"A number of communities and individual residential subdivisions
have restrictions on mechanical construction or repair projects in
residential areas, but these apply to all types of projects, such
as cars, boats, home remodeling and so forth," said Earl Lawrence,
EAA’s vice president of industry and regulatory affairs. "It
seems quite unfair that an aircraft builder could not quietly fit
two parts together while is neighbor might be able to rebuild and
engine test a muscle car next door."
In fact, the EAA's lawyers wonder if it'll stand up in court...
and they may just be willing to put that new ordinance to the test.
Perhaps with that in mind, local lawmakers in Jacksonville now
admit the law may need to be tweaked.
"We can imagine the
outcry from the public if Jacksonville passed a rule saying
residents could not work on automobiles, boats or motorcycles at
the their own homes," Lawrence said. "Just because the majority of
city residents do not have airplane projects is no reason to
discriminate against those who do this lawfully."
Lawrence added that noise and nuisance ordinances in most
communities handle such situations and should be used instead of a
blanket ban. EAA will continue to monitor the situation to ensure
fairness in such regulations.
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