Aaron Morris wrote:

> I am to appear at a Zoning Board of Appeals hearing.  My village does not
> have a
> local law banning beekeeping, and in fact, during the 8 years I sat on the
> Board of
> Trustees, the village passed a "Right to Farm Law" that explicitly includes
> apiculture as an encouraged activity!
>
> Small village politics have pitted me against the mayor, who cannot shut
> down my
> beekeeping activity (by virtue of the "Right to Farm Law") so I've been
> cited for
> running a commercial business in a residential zone.  I'm hoping to at least
> gain
> a reprieve by showing I'm practicing a hobby, not running a business.

The easiest way to show you are not running a business is your tax
return. How do you report any income? If you use the sked c then you are
running a business. But you are probably not commercial. Check the land
use codes and see just what the definition of Commercial is. If there is
not one, then check a good dictionary and pick the one that is most in
your favor. Commercial usually means that it is your primary business
and also denotes the kind of business run out of a building dedicated
for just that use. A farm could actually be out of the definition of
Commercial in the Codes but come under another category. Look at all the
definitions that apply, including farm, business, home business,
hobbies, etc.. you will probably find that you are in agriculture and
not in commercial.

Since the village has a right to farm law, is it encouraging farms as a
business? If so, contact your State Dept. of ag and get them to confirm
that you fit under the right to farm umbrella as a business. Also, check
to see when the ordinances went into effect, specifically the commercial
clauses. You may be grand fathered even if you do not fit.

I would get a copy of the land use code or zoning regs and look it over.
Usually they are fairly clear on permitted uses and also in conditional
uses. Also look at other activities in your area and show they are
similar to what you are doing in a business sense, for instance artists
who derive an income from painting in their homes and selling the
paintings. Small repair shops. Plumbers and electricians who use their
home as an office. There are a variety of small business that are run
out of the home that are commercial but not commercial in the sense the
mayor is using. The more examples of people engaged in these
semi-commercial/business/hobby interests, the worse it will be for him
to single you out.

Also, bring supporters to back you up including people mentioned above
who might lose their ability to make a living if the code is interpreted
too narrowly. Crowd the meeting. It is amazing how a crowd can affect
the  outcome at a ZBA meeting. Some members are easily swayed. And
politicians are the easiest.

There is usually a lot of case law on things like these. The Codes
Officer may have it and could let you see it. One key in all Zoning Law
is that the ZBA should, in cases of ambiguity, lean in favor of the
landowner. They often do not and have to be reminded.

If you have a State Apiarist or Bee Inspector, invite them to the
meeting as your expert witness. Get the local beekeeping organizations
to attend and support you with what exists in neighboring towns with
similar rules (and they generally are similar since there is not much
originality in Land use Codes).

If I recall, Dewey Caron had a lot of info on bees and the law. You
might also want to contact him.

Good luck and bring a crowd. (Make sure they are well behaved and
non-argumentative.)

Bill Truesdell (Chairman, Bath, Me. ZBA)
Bath, Me