2 Car Garage Workshop Trouble

[Alan Trout]

I see your point, because everyone should use their property they way they enjoy to the extent their neighbors cannot enjoy theirs the way they want to enjoy. Makes perfect sense to me now. I didn't realize I was the unreasonable one all along! They load up the huge fire ring like a huge Jenga puzzle, light it with gasoline, sit there for maybe an hour or so, then go inside and leave it unattended to burn out. I see now how my point of view is irrelevant. Thanks so much for the enlightenment.

Your more than Welcome! Happy New Year!

[Randall J Cox]

I replaced my old smoking (and dangerous) wood burning stove with a new EPA2 certified one in my cabin in the mountains and it reburns the smoke somehow so there is hardly any smoke that comes out. Not kidding, have never seen anything seeable come out the top. Randy

[Brian W Smith]

Welcome to NJ....if this is your first infraction,I'm impressed,just sayin.

[Matt Meiser]

I am wondering what home owners insurance has to say about wood stove.. Better to find out now than and make sure have coverage.

Mine sends out a letter every fall reminding us that if they don't know about it, it could void our policy.

[Peter Aeschliman]

I really don't want to get into an argument, but my view is that even if you aren't violating code/laws/hoa rules, it would be kind to your neighbors to change your heat source to something else if it's bothering them. You certainly wouldn't be doing it out of obligation, but the world is a better place for everybody when neighbors are neighborly. On the flip side, having a feud with a neighbor is super unpleasant and can make you uncomfortable in your own house.

Plus, insurance, risk of fire, the pain of having to constantly feed a wood stove, dealing with the city (although that ship has already sailed), etc, etc. Just seems like there are a lot of reasons to change your heat source to something else.

My $.02.

[William Fretwell]

Apply to re-zone the garage as a workshop this will highlight the absurdity of the situation to the municipality.
The wood stove is an insurance disaster, crate it up for a real workshop.

Some of the municipal rules around here:
Max unattached workshop 750 sq ft. Only allowed if garage is attached to the house.
Rules for % of lot size that can be covered & easements of course.

Can't be a business of course.

Noise in a garage can be a problem with neibours, especially with the doors open in nice weather.
Noise in a basement can be a problem with a wife. Until you have a separate dedicated workshop it is difficult.

Offering to help neibours with project advise or loan tools or even lend a hand can help prevent problems. If they see you help even one neibour you get branded as a good guy by the group! Any complainer will then make themselves look bad.

[Erik Litts]

Well, I suppose I won't often be able to weigh in, so I'm going to now. (Former Zoning Administrator)

As you've been told, it's modifications to the structure or immovable equipment that will run you afoul the ordinances. If you intend to continue using the garage as a workshop you should do the following:

Move enough stuff to get a car in it. Call and request a re-inspection. After the re-inspection you can take the car back out and re-organize to your heart's content, just make sure that it's not more than a couple hours work to be able to get a vehicle in there again. Then, if you have the garage doors open when you work, have some kind of a screen between the opening and the street that would make taking a photo of the garage interior from the street difficult.(see: Bead Curtain) At that point, if someone complains again, or if the inspector gets curious, they will be forced to make an appointment for re-inspection, giving you time to reorganize and get a space for a vehicle. As long as they can't testify that they viewed the garage as UN-useable, or provide a picture that documents it, you shouldn't have a problem.

Inspectors in my area have been able to get court orders demanding that owners remove specific types of furniture from structures if the presence of that furniture indicates a non-conforming use. (For example, a bed and dresser set up in a storage shed indicating it's being lived in) However, judges aren't generally willing to permit or order regular inspections once you've proved you complied with the order unless you prove yourself to be a real nuisance.

I will respectfully disagree with the idea of attempting to re-zone the property. You can't rezone buildings, only geographic areas, and split zoning on your property will cause you more headaches than it's worth. It will make troubles in the future with getting title insurance when you go to sell the property, and can cause problems with making repairs if there is ever an Act of God that damages the property. I suspect even getting a variance to have a workshop on the property won't be terribly helpful, because the structure is still attached to the house and you will have to deal with residential building codes.

[andrew whicker]

Houston, TX has no zoning.

If you don't mind traffic and lack of outdoors...

[Nome Fittizio]

Hi Guys,

Update:

Thanks for all the comments/suggestions. So as you can imagine I was pretty pissed at my "neighbor" who complained. I have ways to find out who it was. Turns out the guy behind my garage called the cops and complained I was smoking meat and selling it illegally out of my garage!! Obviously I wasn't doing that but because he called the cops, they had to come check it out. Now here's where it doesn't go my way. The cop didn't know who this complaint should be forwarded to, so he sends to everyone (building dept, health dept, etc.) It kind of blew up from there. The building inspector is a real nice guy, very helpful. After I put in my application for all the work, they requested more info (survey of land and garage, detailed layout of garage, and specs on stove). I handed all that in but now I'm starting to feel uneasy about the stove, inspectors, blah blah. I called the inspector and asked him his opinion about removing the stove. He told me not to, I'm allowed to have it (just needed to do it with permits). And if I were to remove it, the zoning officer will still have to come inspect.

The next day I get a certified letter stating I must remove stove or else incur a $2000 fine per week per violation. Wow! I called the inspector again, he tells me its a formality. That I need to remove or make it right (by applying for permits). While he has me on the phone he tells me they require more info. They need to know how far the chimney is from the property line. He tells me it needs to be at least 10 feet away from neighbor's property. That is the deal breaker.... The chimney is maybe 6-8 feet away. And I'm not ripping up the roof to move it a few feet. Inspector and I both agree at this point to just remove it. So I had to reapply for permits, stating I will remove the stove, still insulate / sheet rock / electrical. The stove and chimney are now gone. Just waiting for the other permits to be approved.

Ironically, the inspector told me the complaint was for smoking meat in my garage..... which is NOT illegal.

I'll let you guys know how it goes with zoning officer / inspections. The garage can definitely fit a car so I shouldn't have any issues. Oh and I bought a kerosene heater, 23,000 btu's. Not too bad...

[jack duren]

Would it not be easier to change your heat source? This is just a waste of time.....

You really don't want your neighbors on your bad side. All kinds of ways to cause problems with a wood shop if your neighbors want to play....

[David Freed]

I was ticked off 2 years ago when our county started requiring permits to put up big buildings. Every building on my property I built with no permits or inspections.

[Jim Becker]

Setbacks are what they are and it's very difficult to get a zoning variance on them in many jurisdictions.

Be careful with the Kero heater...the fumes can be health-affecting and also deadly to some kinds of pets.

[Ryan Jones]

This type of stuff enrages me. Another reason why larger cities are really putting the stops on hobbiests of all kinds. They wonder why kids just stay in and play Xbox now instead of going out and making a tree fort.... The city will just cut it down and say it was a noise and safety hazard. It seems if you aren't inside making zero noise, you're a bother to everyone. God forbid the kids want to play hockey on the street... probably have a neighbour complain it's a traffic issue in a city.

However I do understand the burning heater issue.

Why not just pick up a modine hot dawg 45000 BTU gas heater and have it properly installed? Done, and done.

Also, I live in Canada... it's usually around 10F here in the months of DEC/JAN/FEB. I have a two car insulated garage and can get it up to 60F in a few hours with a 120V 1500W heater. No need for 240V as long as you wear a coat for the first hour while it's heating up.

[glenn bradley]

Ironically, the inspector told me the complaint was for smoking meat in my garage..... which is NOT illegal.

I am sorry for your trouble. A good example of having too many redundant or overlapping rules so that those who enforce them are confused or overwhelmed. Rules and laws are to protect our freedoms. Too many or too granular and they start to cause trouble instead of avoid it. The best laid plans cannot defend against a busy-body.

[Matt Meiser]

Time to buy a smoker and use the heck out of it.