Angry at real estate agent!

[Jennasis]

assuming all the quotes above are from people more knowledgeable than I.

The quotes logically lead to the conclusion that horses should not be used for pleasure or business.


MIkeeee

Hehehe...sometimes I wonder! Seriously though, horses are indeed flighty animals (some more/less than others). We do what we can to minimize potential threats and keep a safe atmosphere. An airstrip would not be safe.

Just out of curiosity...let's eliminate the horses from the equation. Would you want someone to build and airstrip across the street from you?

 

[PrincessKitty1]

Hehehe...sometimes I wonder! Seriously though, horses are indeed flighty animals (some more/less than others). We do what we can to minimize potential threats and keep a safe atmosphere. An airstrip would not be safe.

Just out of curiosity...let's eliminate the horses from the equation. Would you want someone to build and airstrip across the street from you?

Heck no, and I would do everything in my power to make sure the property across the street did not get rezoned.

OP, if I were you, I'd be checking sales records regularly to see if the property has been sold--if it's sold, I would be getting on the phone to the buyer and letting them know you will do everything in your power to prevent rezoning for purposes other than agriculture.

Our local university owns a horse research unit on a piece of semi-rural land immediately outside the city limits, and decided they were going to do jet flyovers to test the reaction of horses to the noise stress. I can tell you that the area landowners put a stop to that before it started! If necessary, band together with other nearby property owners to stop the rezoning.

 

[luvmy3jewels]

I would not believe the agent. He wants to sell the property and make money and may not be telling you the truth. You may or may not be contacted if the zoning needs to be changed. I would still contact someone in your local government and make sure you know the procedure if the guy buys the land anyway and wants to build an airstrip.

I completely agree with the above poster. I work in planning/zoning and I know that our local ordinance does not require a special/conditional use permit for airstrips in the agricultural district (after reading your post I may need to propose some ordinance changes). Call your local planning dept and ask them if they know anything about the proposal and what is the process. Give them your name and number and ask them to contact you if they recieve any applications for that type of use on the property.

If a special or conditional use permit is required, NC law requires that nearby/adjacent property owners must be notified, a public hearing must be held, and there are four findings a board has to make in order to issue the permit. If they apply for one, you need to look at those four findings and base your argument against the airstrip based on the findings. One finding is that the use is in harmony with the area around it...this may be a good point for you to address. Another has something to do with that it will negatively affect the property values of the surroundng area. In order to prove this, you must have an appraiser (or maybe even a real estate agent) testify that property values would negatively be affected. Just your word against the applicant's isn't enough. Also, the board has the authority to place conditions on the use (hours of operation, the use cannot be within X feet of another property or structure, etc).

Anyhow, your first step would be to touch base with the planning dept and find out if the use requires a special/conditional use permit. If it is just a permitted use, and it does not require a public hearing, you may want to consider applying for a text amendment to amend the ordinance to require one (or convince the local planner that there is a need for it and they may propose it). You may also want to contact a Commissioner and convince them that it is a bad idea before an application is submitted (you are not allowed to contact them about the issue once the SUP/CUP application has been submitted).

Another thing to remember, in case this issue does end with a public hearing, boards tend to count heads when reviewing an application. If you come in with a bunch of people that are opposed to this proposal then you stand a much stronger chance of them turning it down then if it is just you against the buyer, real estate agent, and current owner.

Hopefully, the real estate agent was honest with you and the buyer has decided it is a bad idea (but I really would not take his word for it). If the buyer is going through the trouble of talking to neighboring owners, then I would think he is pretty serious about the property.

Finally, I don't blame you for being very concerned about the prospect of an airstrip near your property. I think there are valid concerns that need to be addressed, and most reasonable people would be concerned about the noise, traffic, fumes, etc. that may be generated from this type of use near their home.

 

[luvmy3jewels]

OP, if I were you, I'd be checking sales records regularly to see if the property has been sold--if it's sold, I would be getting on the phone to the buyer and letting them know you will do everything in your power to prevent rezoning for purposes other than agriculture.

In situations like this, the contract is usually written to include that the sale of the property is contingent upon the zoning approval. Most people don't want to buy property unless they know they will be allowed to do what they want to with it. However, the PP can find out if the property is under contract which could indicate that the potential buyer is proceeding with their plans.

 

[GreatDaneMom]

Hey, if you want to fight it just research how the people in eastern NC (Moyock/Currituck area) have managed to fight off the US Navy in their quest to build a landing field in their farming community. Looks like they've been pretty successful in keeping their community flight free.

 

[Kathymcbain]

I completely agree with the above poster. I work in planning/zoning and I know that our local ordinance does not require a special/conditional use permit for airstrips in the agricultural district (after reading your post I may need to propose some ordinance changes). Call your local planning dept and ask them if they know anything about the proposal and what is the process. Give them your name and number and ask them to contact you if they recieve any applications for that type of use on the property.

If a special or conditional use permit is required, NC law requires that nearby/adjacent property owners must be notified, a public hearing must be held, and there are four findings a board has to make in order to issue the permit. If they apply for one, you need to look at those four findings and base your argument against the airstrip based on the findings. One finding is that the use is in harmony with the area around it...this may be a good point for you to address. Another has something to do with that it will negatively affect the property values of the surroundng area. In order to prove this, you must have an appraiser (or maybe even a real estate agent) testify that property values would negatively be affected. Just your word against the applicant's isn't enough. Also, the board has the authority to place conditions on the use (hours of operation, the use cannot be within X feet of another property or structure, etc).

Anyhow, your first step would be to touch base with the planning dept and find out if the use requires a special/conditional use permit. If it is just a permitted use, and it does not require a public hearing, you may want to consider applying for a text amendment to amend the ordinance to require one (or convince the local planner that there is a need for it and they may propose it). You may also want to contact a Commissioner and convince them that it is a bad idea before an application is submitted (you are not allowed to contact them about the issue once the SUP/CUP application has been submitted).

Another thing to remember, in case this issue does end with a public hearing, boards tend to count heads when reviewing an application. If you come in with a bunch of people that are opposed to this proposal then you stand a much stronger chance of them turning it down then if it is just you against the buyer, real estate agent, and current owner.

Hopefully, the real estate agent was honest with you and the buyer has decided it is a bad idea (but I really would not take his word for it). If the buyer is going through the trouble of talking to neighboring owners, then I would think he is pretty serious about the property.

Finally, I don't blame you for being very concerned about the prospect of an airstrip near your property. I think there are valid concerns that need to be addressed, and most reasonable people would be concerned about the noise, traffic, fumes, etc. that may be generated from this type of use near their home.

Even if the buyer could put in an airstrip without rezoning, he wouldn't be able to use it for commercial purposes, would he? I mean, he could use it for his own use, but not build hangars, etc. and then make money from others landing and storing their planes. Wouldn't that require a commercial designation?

Either way, I don't blame OP at all for not wanting to be right next to an airstrip. I was just complaining this morning about my %^&##%# HOA, but at least I don't have to worry about my neighbors putting in an airstrip. On the other hand, I can't even cut a branch off a tree without permission or I'll get a $5,000 fine.

 

[JR6ooo4]

your best blocking move would be to find an endangered animal or foliage species on that property. then notify the feds.

MIkeeee

 

[Jennasis]

your best blocking move would be to find an endangered animal or foliage species on that property. then notify the feds.

MIkeeee

Hmmmmm...endangered you say? Time for me to move my Bald Eagle collection over there.

 

[CPT Tripss]

Hmmmmm...endangered you say? Time for me to move my Bald Eagle collection over there.

Sorry to be the bearer of bad news . . . you are too late, the "previous" administration delisted them . http://www.cnn.com/2007/TECH/science/06/28/bald.eagle.delisting/index.html

BTW - I concur with those who suggest you check out what can be developed in an "agricultural" zone in your town/county. NJ requires a planning board approval of majoe construction even when it is a permitted use in a zone. Is that the case in NC too? If so, just keep checking on applications.