Lake Eufaula Topics: Grandfather clause

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	Name:	JUA -
	Subject:	Grandfather clause
	Date:	6/15/2004 5:17:21 AM

Zoning won't (normally) fix an existing noise problem. It would amount to the government taking away an existing use of income-producing property without compensation.
When zoning comes in, any existing use is allowed for a reasonable period. Some places it is forever, others it exists as long as the IRS allows capital improvement deductions to be taken, which could stretch over 20-years.

A noise ordinance could help, but it cuts both ways. A resident have to be careful when firing up the 'ol jetski or rumbling inboards since a dB is a dB is a dB when it comes to measuring noise. Firing it up at 5 am could be a way to wind up in court, too.

If the county is getting tax money off the noise, as at Chuck's, the deliberative body is more likely to move slowly than in situations involving neighbors bothering the business, as at the Cove. Doesn't make it right, but that is just the way it works in the real world.

Sounds like stratman missed the chance to pre-empt the problem when Chuck's was for sale by buying it. That's expensive, extreme and simplistic, but it would have been a solution.