That sounds ridiculous, though not impossible. Where do you live, and do you have neighbors nearby who are grumps who might have started this?

I'd begin by having them cite the regulations and the definition of agricultural. I'd also ask if all types of greenhouses are banned, or only certain types. Unless you are doing production and selling the produce, I think this is the result of an overzealous interpretation. If this is only for our own gardening enjoyment, I think they are on thin ice. By comparison, if you change your car's spark plugs in the garage, would they cite you for having a commercial operation?

When I put in my greenhouse, I checked first to see about size restrictions, and there were no permits required for any structures under 200 square feet as long as they were in the setback, and two stories or less. There was nothing specific about greenhouses, and I live in a large metro area.

If reasoning doesn't get you anywhere at the inspector level, it's time to politely escalate and continue to escalate, until you find someone in authority who will say yes.

And please keep us updated. Good luck.

If possible, get an attorney to make some inquiries for you. I've worked for city governments and know that they pay more attention when a lawyer calls.

I tend to agree with cjc45 that you may need to ultimately involve an attorney. However, before you do, I would suggest that you try to work your way up the chain a little. I doubt that it would make things worse, and it would certainly be cheaper if you can get them to come around without having to go nuclear...

I agree with kudzu9 about asking for copies of the exact zoning regulations you're supposedly violating...they should be able to provide you with clear paperwork (an attorney would want to see that as well, if push comes to shove.) Every city has different regs so you need the exact wording of your own city rules.

We are inside city limits as well, tight residential neighborhood, and the only requirements related to size and location, like kudzu9 stated. There are rules regarding some home-based businesses here, but those restrictions involve vehicle traffic, equipment noise, employee quantity, etc. The "agricultural" objection is a new one to me.

Around here the city code enforcement guys are generally overworked and understaffed. We haven't had any major scuffles, but have generally found they appreciate folks who try to be courteous and understand the problem at the start. I'd personally be "innocent, helpful, and baffled" first, then take the gloves off later.

Please do post back to let us know what you find out...

If your city has a website, they may have posted their zoning ordinance on it.

I agree that citing a backyard hobby GH as an Ag use is insane. Might as well make the same claim about someone having a veggie garden.

I agree with the posters above, that's crazy, particular since it is temporary.

Hi
Zoning ordinances are different in every city. So any advice would probably not help you at all.
First was a permit required for your structure?? If you did not get one you are already in violation of the law.. I take it they are not citing you for the structure but the use of it?? Every city has zoning ordinances stating permitted uses depending on where you live within that city. I suspect that a licence would be required particularly if selling foodstuff?? Are you in violation of city or housing ordinance??

My suggestion would be to go to your city offices and talk to whoever is in charge . A call would help to locate the proper office.
Plead insanity or at least ignorance If an ordinance is already in effect you don't have a leg to stand on. Be very nice and cooperative paticularly if you were were required to have a licence. They can invoke some heavy fines for it.
Ordinances are not laws so fall under a whole different set of regulations and enforcements.
If they've already given you a written notice if that's what you mean by "cited me"??
The reason I'm so wise about this is I've been there done that lol Good luck!!! gary

I don't disagree with gary's advice, but he is mistaken regarding the legal authority of ordinances, which have the power of law except that when they are adopted by a state or the feds it's called law and by lesser units of state government; county, municipal, etc.; ordinance. However, violations of local ordinances are still subject to prosecution; by a county state's attorney or municipal court, regardless if with a circuit court judge or local arbitrator presiding.

But your supposed violation still seems totally off the wall. Had you received a citation for an illegal STRUCTURE, then it would make sense, but being cited for being in violation of the legal USAGE (i.e.: Ag. as opposed to resdential) of your property? That makes NO sense at all.

I very much doubt your town has ag-patrols. Our county does update a list of structures within its borders. That may not happen until you file for a building permit. Here, it seems pretty lax outside of the county seat, there is no county-level building code. Greenhouses, carports, small sheds and the like are deemed temporary or moveable/non-permanent and are not bothered with.

As others have suggested, it's more likely someone made a complaint. It might serve you to wonder why and maybe you can rectify what actually bothered the person. Do you run a radio up loud or conduct other noisy activities while out there? Is your gh "shabby-chic?" While I do consider our neighbors solitude and privacy during our outdoor activities, I'd be tempted to retaliate against such nonsense charges with a reciprocal inspection of all their supposed "violations." Tit for tat. But, would it be worth it, starting a war?

You could go higher up with your counter attack. I bet you could photograph dozens of windows with veggies in them or small garden plots in the yard. Start with the city or county council members' homes. Might be interesting! Are these homes and yards also now considered to be ag-related? Yours surely can't be the only gh, how are the others treated? What's the limit to this sort of nonsense?!

Nationwide, gardening is up this year. I take it your city/county is against this popular movement? A little publicizing of this ludicrous political stance could yield a prompt, red-faced retraction.

-Ed

BW
It depends on the city . Only states can pass "laws" Only cities can pass ordinances lol All federal laws must be ratified by the states. The big difference is enforcement which is dictated by city incorporation.
If the city issued a citation you can bet the ordinance is already on the books. Land uses are usually far more lax than structure laws but are equally enforceable.
It depends on the city. If she is in a "Housing authority" then those regulation can supercede the city.
My personal hassle involved "No attached structure can be above the roofline of the existing main structure" My GH
was two feet above .
Some interesting "land use" hassles going on locally
"Limiting the size shape and display of an American"
flag.
" Requirement for a coconut palm every 6 feet on public through fares"
"Size limitations on flower gardens " This one went all the way to the Supreme court!!! lol can you imagine what they spent??
gary

gary,

Sorry, but you are mistaken. Per the legal language definition as understood and accepted in every legislature and court, the terms "law" and "ordinance" have the same meaning, except they are called laws when passed by the feds or a state and ordinances when by a lesser unit of government within a state and the lesser units in any state commonly granted the authority to adopt legally enforcable ordinances could be counties, townships, cities, villages or various special districts. Each may adopt such ordinances for specific purposes as authority to do so is granted to them per their own state's statutes.

The range of authority granted by each state to every unit of lesser government within it's own boundaries may vary by state, but the term to describe what is granted, being the authority to pass legally enforcable ordinances; doesn't.

Also- it does not require state ratification for the feds to pass laws. The various states send representatives to Congress to promlugate and pass those laws. It does however, require state ratification to amend the Constitution.

Interesting list of local hassles. If any would have gone all the way to the Supreme Court, I would have expected it to be the one relating to display of the Flag, not the size of flower gardens.

I can see the validity of the size and placement of trees on public right of ways however. Was the hassle related to the choice of tree (coconuts falling on heads) or that the HA tried to get property owners to bear the cost of planting them on right of way median strips in front of their properties?

Another popular local issue and one that far too many zoning authorities try to control through local ordinance, is the display of political signs.

When challenged; given a citizen who knows their Constitutional Rights and is willing to defend them to hire a shyster who will spend some time downloading and printing out tons of higher court rulings to lay before the judge; the errant zoning authority, be it a city, town, county or housing authority always loses and the Citizen always wins and if they don't, all they need do is appeal to their Appellate and come away on top, whereupon the local (probably political hack) judge can be told to go back to school to learn enough to pass a HS civics test.

But too many "Village" idiots still keep trying to use their local zoning ordinace to regulate Free Speech. If it weren't so sad, it would be funny.

Many townships, counties, cities have building codes. Did you obtain a building permit to constuct this structure?
If you are in violation of the building code you may be required to remove the greenhouse. It happens.
Each area is different. I was required to purchase a permit, provide copies of the plans etc. First find out the laws in your city, you do not need an attorney, just ask the building codes perosn to show you the law. This is what you should have done before you put up the greenhouse.

BW
Since having my run in with the city over my GH. I become interested in these type regulations. Still have one going on the size shape and placement of a "shed" They want to call it an "Outbuilding"lol
The orinances I mentioned are in Palm Beach "the land of conspicuous consumption"lol
"Flower Garden" Lady bought the adjoining property for 14 million dollars for a "flower garden" required removing an existing house that may or may not be a "heritage site.
City said that removal would degrade property values by 15 percent therefore would "degrade " the neighborhood at least at most would remove historical structure. Supreme court ruled that ordinance unconstitutional. City coutersued with "Historical" value not entered into original argument. last I heard she is buying the property on the other side for 28 million for a "spring water swimming pool" lol
The "flag flap" started over used car lots using banners tattack attention . City said they were distracting to drivers therefore a public hazard. They switched the banners to american flags .City same problem . Cout ruled the city could not limit the display
of american flags others were not allowed. The Donald(Trump) jumped in and put up a 125 foot pole with a 30x50 foot flag .City cited ordince of structure limits. Don't know where it stands now but flag is still waving over the "land of the free lol"
The "coconut" ordinance requires a Cocas nucifera 10 feet over centers on all property adjoining public domain.
Property owner wanted to plant Royal palms. City said "inappropriate effect therefore lowering property values, besides ordinace has been in effect since 1947 with no violations or arguments." Still pending.
On political signs . Some were placed over road signs including stop and RR crossings. Some were placed on private property. Last i heard the ruling is that they can't stop the signs but can't interfere with normal city activities. City has ammended ordinace that they must be removed after election at the expense of the posters . Fines are pending. The city also has a no billboad or neon sign ordinance being challenged.
So given enough "freedom" and (money) eventually the "laws become kind of silly?? Ordinaces serve a very worthwhile function but like evry law there are abuses on both sides lol
Another interesting one is a planned public meeting of the KKK right in the middle of Palm Beach lol. At least 25 other groups have filed for permits for anti demostrations lol.
Hope Bethany posts back would love to hear of others fight for "Freedomlol" gary

gary,

Any zoning authority, regardless if a county, municipality or township has the legitimate authority to regulate the placement of political signs when such placement creates a hazard, such as putting them in front of RR X'ing or stop signs. Or if a sign is placed too close to a corner at an intersection to block the view of oncoming cross traffic. All perfectly reasonable restrictions and all have been held to be so by the courts.

However, there can be no limitation on size, time or duration when the signs do not create a hazard and are on private property.

There have also been more than a few rulings that require a zoning authority to allow political signs on public right of ways. After all; it's public property and those who place them are the Public. Again however; they cannot constitute a hazard and in that instance, requiring them to be removed post election has also been held to be legitimate.

But as long as they do not pose a hazard, anyone who wants to mount a political sign or two, or three, or ten in their own front yard- cannot be made to remove them- EVER.

birdwindow,

You should be correct but a town up the road limits the number of political signs in one's front yard to two. Now maybe, because lots of people there think they have crap that smells great and much better than anyone else's in the world, they are a bunch of lemmings who go along with the law. This is also a city that if garbage collection is scheduled on a Thursday, they pick it up on Thanksgiving!

In 20+ years of driving up and down the road, I've never seen more than two political signs in one yard.

Mike

Mike,

I know I'm right on that subject. No local zoning ordinance can Ace the US Constitution.

I recall a debate once, during an election campaign, in which an elected village idiot argued the subject with a man well known as a brilliant constitutional attorney who had served as our states attorney, a state senator and for many years, one of the most respected members of Congress.

The idiot couldn't seem to understand that her village's authority to regulate commercial advertising didn't and couldn't apply to political signs. Or, for that matter, religious ones.

The retired congressman even used the anology of religious statuary, to no avail. Her mind was locked into the notion that home rule somehow granted a local municipality foreign nation status.

That same municipality was soon after taken to court, where it lost of course.

So if the residents of that town want to sit in their dead asses and allow their own local elected village idiots to divest them of their Constitutional rights of free speech; they have only themselves to blame.