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Is renting storage space in a large pole barn in a residential neighborhood considered commercial use?
Anonymous1 views3 answers
A neighbor built a large pole barn in a residential neighborhood and the town said it could only be used as personal storage only and in no way could it be used for commercial use, now he is renting space in the pole barn for boats - jet skies - cars and other things. Is this considered commercial use?
If not at what point is use considered commercial use?
Dear Bernhards Bay Home Owner:
The only method to test the violation of allowed use for personal storage only without going to court on your own is by an inspection by the code enforcement officer. The officer may report a violation for use outside of the scope of allowed use in a residential neighborhood or not write a violation.
It certainly sounds like commercial use; however, the only way to know for sure is to report the matter to the town officer in charge of code violations.
If the neighbor is receiving income from the use it may well be considered "commercial." To confirm you will need to determine through your local planning department the definition of commercial as it is applied to the zoning in your area. I suggest going to the planning department and asking for the definition. If you believe it is commercial and in violation of the code provisions you can report this activity to the jurisdiction's code enforcement/compliance officer and they will investigate to make a determination if the activity is indeed a violation. If it is a violation, then the officer will work to bring the neighbor into compliance.
