Kicked out of my own driveway!

Just got a letter today from my local zoning enforcement officer stating that my beautiful bobbed M35 must be immediately removed from my driveway or I would be issued a violation carrying a fine. How disappointing, if my neighbors want to complain just tell me face to face. I likely would have graciously moved it out to my shop. I have one problem with the Article that was noted as the violation. The article states that "No commercial vehicle with a load capacity in excess of one ton be parked overnight to include semis and trailers." The M35 is not a semi. Admittedly it kind of looks like one. But, it is not. Anyway, I don't know what to do here. Now I feel like I have a responsibility to fight this for oppressed MV owners everywhere. All kidding aside, I do not intend to take this lying down. If the neighbor in question is too cowardly to make his/her grievance known to me face to face than I am obligated to point out that the vehicle is not commercial and therefore not in violation of the ordinance. Especially, considering that there are more 5th wheels and travel trailers parked in my neighborhood than at an RV lot and that is legal. Some people just have nothing better to do than complain. What would you fellow MV owners do?

sounds like a loop hole to me, its not commercial. hope all goes well. glad i live in the country.

You gotta lawyer up! You do not own a commercial vehicle so this does not apply to you. This one looks easy, but you should have a lawyer on your side. Good luck!

Go get em byrdo.Make us proud.

The best place to get legal advice is from a lawyer.

Sounds like you may not have a problem. Just research the code and draft a friendly letter back to the Zoning Dept. Untill you do that, move the truck to your shop to avoid possible towing while you are away from your house. Bring it back home when you are in the clear!

Or........move to the country. I'm sure about 50 M35's and 5 tons could could show up to help you move. Your misinformed neighbor would love that!

I would fight it. Go to the zoning office and speak to a supervisor. Get the exact wording of the ordinance. Try to educate them. Man, I hate busy body neighbors.

am m35 aint no commercial vehicle!! fight this one its easy

mooresM35A2 said:

am m35 aint no commercial vehicle!! fight this one its easy

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Yep! After you win it you should celebrate with a couple new deuces!

Now every time I hear of your situation I'm so glad I didn't buy a home in a home owner association controled development . If anyone puts money in for the house payment then they have a voice. If not then they can shut the **** up.....

I would check the definitions of terms that should be at the beginning of the zoning ordinances, to be sure there isn't a definition different from the vehicle code. If there is any discretion involved, then I politely ask the enforcement officer, in writing, to show me the relevant "policy and procedure" manual that they use to guide their discretion. That seems to be the end of the matter, in my experience.

It's never easy I have same problem even if they are convinced its not commercial you will also have more hoops to jump through. I have to hide mine in back yard out of sight if it can be seen from road I can't have it here. There are width, number of axles and on and on limitations.
Good luck
Jim

Inform them in writing that it isn't a commercial vehicle and that you would like to see their definition of commercial as well as the ordinance, and also inform them that since you are not in violation as written, the vehicle will not be moved. Then, if they decide to tow it, sue the snot out of them.

KI4GSN said:

Inform them in writing that it isn't a commercial vehicle and that you would like to see their definition of commercial as well as the ordinance, and also inform them that since you are not in violation as written, the vehicle will not be moved. Then, if they decide to tow it, sue the snot out of them.

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Can the city tow your property out of your yard where you live? Here there is that bothersome thing called "due process" before the government messes with your stuff...

Scarecrow1 said:

Now every time I hear of your situation I'm so glad I didn't buy a home in a home owner association controled development . If anyone puts money in for the house payment then they have a voice. If not then they can shut the **** up.....

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I don't think he's in a HOA controlled neighborhood - he mentioned the zoning department sent out an enforcement officer.

(But ditto on the HOA sentiment)

That's a real bummer. You have to fight it. It's not a comercial vehicle. Having excentric taste in vehicles is not a crime. Good luck.

I have had similar problem with my town, but all mine where commercial vehicles. Now i own an MV and i am waiting for my letter saying to remove the truck, my response is going to be: "it is my hobby truck and it is not for business" the ordinance clearly states "commercial".

Good luck with your town! Please keep us posted.

welcome to my world! anything over 21' long and 8' tall is against zoning regs! Kiss my ass, I wish the coward would come confront me in person, rather than be a spineless coward! I am in the same situation, only it is with 4 of them..

who says a Bobbed m35 has a load capacity over 1 ton ? This truck has been altered from its orginal design and therefore the capacity from the manufacturer no longer applies.

If you bobbed the truck yourself then simply tell them that with the new configuration the truck is now rated at 3/4 ton.

Make them pay to prove it's not ?

That is why I moved out of the bankrupt state of Mich and to the South - it is not a matter of right or wrong - they need revenue - so why not get more of it from you !

At what point do people not realize - they work FOR you ? not against you.
You are paying who is after you with your own tax dollars.
Sorry - edit my post - it just needs to be said.