Zoning codes differ by jurisdiction, but even so there should be nothing that prohibits an outdoor railroad as long as no high voltage electrical wiring, plumbing, or permanent building construction is involved. The low voltage used by our trains does not fall within the National Electrical Code.
An outdoor railroad would be regarded purely as a temporary structure here in Arizona and would require no zoning approval from anyone.
Of course, if you go overboard and add floodlights, high-wattage sound systems, etc, then you would probably run into zoning issues and incur the wrath of neighbors because of the noise and light pollution.
The City of Sierra Vista Planning and Zoning Commission publishes a free homeowners' guidebook that outlines what is and is not permitted, and your local zoning officials might have a similar publication available if you check with your local city or county administration.
I had an issue a while back with the tax man. He said the garden railroad improved my property value by 40G, I told him he was nuts. They were thinking that a garden railroad was the kind you rode on. In the end it was resolved when I explained that the train was just a toy and not an amusement park ride.
The garden part of the railroad should increase the desirability of your property as landscaping. The railroad part of the garden is a toy. I know a lot of us are very particular about the "toy" vs. "model" train argument, but this would be a great time to angle the "toy" part and point out that lots of kids in the neighborhood also have toys in the yard such as swing sets and play forts.
Explain to the powers to be to leave your toy trains alone and worry about important things. If it ever did go to court (highly unlikely) it would be a matter of one neighbor complaining that the other neighbor had better toys ( "he's got a toy train and I don't so I want you to make him get rid of it" or something to that effect). I don't think many judges would waste too much time listening to adults arguing over a toy train.
The Dixie D Short Line "Lux Lucet In Tenebris Nihil Igitur Mors Est Ad Nos 2001"
In a lengthy discussion on the Model Railroader Magazine forum a couple of years ago about whether or not an indoor model railroad layout increases or decreases the value of property when it comes time to sell, the consensus opinion was that it decreases the resale value.
A couple of realtors involved in the discussion opined that the chances of finding a buyer who was also interested in model trains was very unlikely, and even if they were interested they probably wouldn't like your layout and would be thinking to themselves how much it was going to cost them to tear it out and haul it to the landfill.
One realtor said they actually lost a sale because there was a G-scale layout in the back yard and the prospective buyers had absolutely no interest in it and the seller had already moved out of state and was not available to remove it.
I live in a very expensive classy area which has many covenents, however none of these seem to affect me and in any case many of these organisations are abit like a toothless lion.
Ian
I disagree with their assessment on wiring -- did you tell them it would be low voltage DC and not regular household wiring? The track wiring should be no different than putting Malibu lights along a driveway, and they don't require zoning approval or electrical inspections.
As for the setback requirements, that should not apply to a garden railway either because the trackwork is only temporary.
I personally would not take any notice of what they had to say about utilising the easment, it is your land and you can do as you please, providing it doesn't interfere witht the easement. However should any problem occur that will need acess to said easement, then you will be required to remove whatever is on to allow said access.
This is not a statement of law, more a good sensible general approach to easements in general. It certainly is not for me to say as, laws do change from area to area; state to state and certainly from country to country.
Rgds Ian
I agree with Ian, it's your land and sod what anybody says. It's your TOY train- ask the city if the 4 year olds need a driver's license for a bike or battery powered car, perhaps the 6 year olds should get a pilot's license for flying kites and paper airplanes, I mean after all fair is fair and we must be consistent with regulating our TOYS. Remind the locals that TOYS don't need permits, if they don't understand what a TOY is, then that is truly a problem.
I am not telling you what to do, so don't quote me on this. If it were me, I would build my garden railroad anyway with the clear and unmistakable warning to all neighbors that if you took me to court I will embarrass you in front of the judge and ruin whatever name you thought you had. The newspaper would love to print who you are and what you've done to take a toy away. Stay off my property and stay out of my private business unless I invite you in. I hate with every ounce of my being these HOA's and covenants.
Lionel collector, stuck in an N scaler's modelling space.
I'm thinking somebody's gotten too big for thier britches, or don't know thier "a double scribble" from third base!
I'd inquire at the building inspector's office about who is the electrical inspector. Once you find that out, you could then arrange a meeting with the EI to discuss the need for permitting and inspection on the lo voltage stuff. If the town uses an outside firm for the inspections and adheres to BOCA or some other national code, you have them beat!
About the easements, I'd check to see what they are for. If for drainage, and your layout does not interfere with drainage, they have no complaint. If it's for overhead wiring, I'd again think that as long as they can get to the poles, they would have no complaint! If they are for underground water or sewer lines, I wouldn't worry too much; how often do they have to be dug up for work(as long as you don't block access to cleanouts)? Now if they are for underground electric or phone service, you'd want to have them well marked and charted on a plot plan and could probably work around them.
One of the best methods to battle this is to get some of the neighborhood kids involved in helping you build the thing. That would work on shutting up the parents, and also help prevent vandalism. If they have effort involved in making it, they ain't gonna want to tear it up! Hook the town building inspector on garden RR and you probably have the whole thing beat! Start a club!
Modeling the Pennsylvania Railroad in N Scale.
www.prr-nscale.blogspot.com
The only easments i have come across is to do with sewer, i had not thougt about overhead wires but it is all similar in that if nothinghappens and they don't need access to it all should be ok. Butif they doneed access to it then all bets are off and youmay wellhave to remove everything or risk having it ruined or worse.
Rgds ian
Dictator Tin Gods, yes, exactly! Phooey on all of them. I wish I could express in words how much I hate these busy body, know nothing slug brained idiots that have to involve themselves in disrupting other peoples private lives and properties because they are too weak minded and shallow to have a personality and life of their own. Go ahead and try to tell me what to do in my own back yard, bunch of simple minded fools, not my fault they lack creativity and vision.
Maybe later I'll post how I really feel about the HOA morons.
GP-9_Man11786 wrote:End run around the wiring issue is to run an extension cord out to the railroad. I say build away and tell them to take their permits, roll 'em up and sit on them.
Here, here, I couldn't have said it better my self.
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