Tag Archives: zoning laws

Waste Farmland or Pole Barn Variance?

Let’s Waste More Good Farmland

It has been awhile since I got off on a good rant.

Rural FarmlandMy belief is a person should be able to do whatever they want with their property, as long as the value of your neighbor’s property is not degraded by it. The less government interference, the better.

I live in an area of the country where, to me, zoning makes little or no sense. Years ago, too much of the best farmland got carved up into five to 20 acre tracts, with one dwelling only allowed per parcel. Somehow, preserving farms and instead using high density housing just didn’t cross the minds of those who supposedly should know better.

I recently read an article by Rebecca Geller on Readingeagle.com:

“The Jefferson Township Zoning Hearing Board has granted John Hartranft a variance to build a pole barn on his agricultural property at 130 Bricker Road.

Hartranft, who previously had been denied a permit for the barn, needed a variance because he plans to build the barn 27 feet from his property line. Ordinarily, the setback requirement is 50 feet.

“I want to save as much farmland as I can,” explained Hartranft, who uses his property for raising crops and dairy farming.

Board members had questions about how Hartranft would access the barn. Hartranft said he intended to use an existing driveway.

The board granted the variance on the condition that the barn only be used to store farm machinery; no livestock may be kept there.”

The waste of valuable farm land, to meet some plucked from the air requirement for setbacks is pretty difficult to defend, at least in my humble opinion. Mr. Hartranft appears to be trying to be the best possible steward of his property, and its best use.  He even goes to the extent of using an existing driveway for the new pole barn, instead of altering his land to put in another road.

In the 50 plus years I’ve lived in the same “rural” area, I’ve seen hundreds of acres of beautiful wheat fields chewed up. When and where will it all end?

Run Amok: Pole Building Prohitibion?

In the iconic 1984 movie Footloose, Kevin Bacon’s character has moved to the small fictional town of Bomont. As a result of the efforts of a local minister (played by John Lithgow), dancing and rock music have been banned.

How outraged the viewing public was when the rights of freedom of expression had been taken away, in the movie.

Small towns sometimes have small minds, and they try to take away things more than just what happened in Footloose. On occasion, I have run across jurisdictions which, for whatever reason (usually it is just not being educated of the benefits), try to ban post frame construction.  In other words, they “don’t allow pole buildings”.

Pole Building ProhibitionThis just happened in Fowler, Indiana, and here is an excerpt from the letter I wrote to defend pole buildings:

Post frame (pole) buildings are Code conforming buildings and the methodology for their structural design is outlined and/or referenced in every edition of the International Building Codes.

It is within the legal scope of a Planning Department or Commission (after following whatever processes are in place for public notifications, etc.) to be able to place limitations on the size of structures, their placement on a given property, as well as the appearance (e.g. restrictions on type and or color of siding and roofing materials). Any appearance restrictions must be applied uniformly to any Code conforming structural system.

In order to legally preclude the use of post frame construction (or of any other Code conforming structural system), the onus would be upon the jurisdiction to somehow prove their structural inadequacy. It would be both arbitrary and capricious to deny the utilization of post frame construction, which could easily leave open the door to a plethora of probably indefensible lawsuits – resulting in undue costs to the jurisdiction, as well as the taxpayers.

While I am not an attorney, nor profess to offer legal advice, I have been involved in similar circumstances with other jurisdictions, each of which has made the determination to NOT LIMIT the use of post frame buildings as a structural system. I would encourage the same decision in your jurisdiction.”

Anywhere in America, where an unjust system tries to take away the rights of a citizen to construct a pole building, look to me to be involved to protect those rights.