Absurd Zoning Regulation of the month

August 2023

Hysterical Commission Update  9/7/23:  At the Historical Preservation Commission meting on 9/7/23 the commission denied a petition to "allow" a homeowner to convert a shingle roof to metal as "replacing a compositions shingle roof with a metal roof is inconsistant with our guidelines".   Of course the majority of new homes and new roofs in the area are metal, in direct conflict the the historical commission.  The reason for this is hurricane (wind) resistant.   Metal roofs have a higher wind rating and are much less prone to damage from storms.  While asphalt shingles are relatively durable, they are of course manufactured with asphalt.....which would seem to be in conflict with the push to move away from petroleum based products by the very same individuals on this commission.   

Preserving the rustic and historical nature of magnolia springs is laudable, but must be balanced with common sense.   Metal roofs are quite attractive, available in many styles, and do not necessarily change the character of the home or community.   The homeowner should be able to choose the most cost effective and durable option for their roof.  Perhaps we should go back to cedar plants?  Slate?  Thatched?

Zoning Ordinance 2010-06 :  Stormwater and Environmental Protection

All developments shall provide a minimum of the following:

• Drainage plans with 1 foot contours within 50 feet of the property line.....and ROW

• Existing drainage systems that may be impacted up or down stream.....

• Differential pre and post development runoff calculations...

• Structure locations, elevations, details, types, sizes....

• Proposed stormwater management sytems and structures....

Anyone suppose any of this will apply to the sidewalk to nowwhere when we add thousands of square feet of concrete creating new and exciting runoff problems?  All this runoff will go directly in the Magnolia River....a protected waterway.   Not a problem or consideration for the Town of Magnolia Springs!  We want our sidewalk and we want it NOW!

August 2023:  Cutting Trees on Town Property and Right-of-Way

Town Property of Right-of-Way: No tree, regardless of size, located on Town Property or any right-of-way may be cut, pruned, or removed or otherwise intentionally harmed without permission of the Town Horticulturist.

Wow!  First of all, what qualifies as a Town Horticulturist?   A degree in Horticulture?  Can Magnolia Springs afford one?   A pHD in Biology?   A degree in landscaping?  I doubt anyone can just "volunteer" for that job.   Second of all, The Town needs a lesson in the legal aspects of "right-of-way".   The right of way merely gives the Town access to the property for the purposes of utility management, road management, etc.  A right-of-way is not ownership.   A town cannot truely own anything, only the people of the Town can own things.   That means all the property owned by the "Town" is actually owned by the people who live in the Town.  

Persons with property along roads, highways, bridges, etc. give their permission for a small strip of land (generally accepted as 15 or 30 feet from the center of the road) for the purposes of maintenance of the road.   This MAY include cutting, trimming, mowing but not necessarily.  The landowner is certainly entitled to use that land as they see fit, understanding that any plantings may be damaged in the maintenance of the road.   

Fines for cutting trees:

• 1 inch tree - $100 for each tree.

• 10 inch tree - $2000 for each tree.

• 30 inch tree - $20,000 for each tree.  

July 2023:  New housing regulations, and then the variances

"When you see corruption being rewarded and honesty becoming a self-sacrifice, you may know that your society is doomed" ~ Ayn Rand

The Town talks about maintaining the "character" of the Town.  Much time and space is spent to list types of trees allowed, preserving the majestic oak canopies, the small town atmosphere, unique homes, proper roofs,  and on and on.  And THEN, the wizened council approves the placement of 12 identical homes in very close proximity on a small  property within the heart of the Town (although not the "Springs District").  This area is zoned R2, and MAYBE these houses meet the square footage of single family home lots, and then again, maybe not.  Worse yet, they are all the same - cookie cutter style.  Talk about lack of character.  At least all the non-conforming houses in the "Springs District" are unique and located on sizable lots.  Mark this as the beginning of the end of the small Town character. 

This min-subdivision in the heart of Magnolia Springs is the very definition of NOT charming.  This development now welcomes everyone driving through the Town, perhaps on their way to Jesse's restaurant or points south.   I am yet to hear anyone say how beautiful this development is, or what it adds to Magnolia Springs.  Of course the new owners will be Othersiders and therefore outside the "Springs District" so it doesn't really matter what anyone thinks.   I wonder what those variances from the Planning Committee look like?  More to follow.

July 2023:  Landscaping standards

To argue with a person who has renounced reason is like giving medicine to the dead - Thomas Payne

Landscaping is required in the Springs District in conformance with the spirit of the landscaping section of this Ordinance. Development or Redevelopment in the Springs District, due to visibility and impact to the core of Magnolia Springs, shall pay particular attention to the landscape design of the front of the property.....

So, there you have it.   Its all about the view!   No such thing as free will.  You will conform to the spirit of the Ordinance.  You can find the recommended shrubs and trees to plants, probably what flowers too.  You can certainly get information on the proper placemnt of your shrubs as well.

July 2023: Lighting standards

A constitution defines and limits the power of the government it creates.  It therefore follows, as a natural and logical result, that the governmental exercise of any power not authorized by the constitution is an assumed power, and therefore illegal - Thomas Payne

The maximum height of exterior lighting shall be 25 feet.  The intensity, location, and design of lighting shall be such that not more than one foot candle of light is cast upon adjacent property or public rights-of-way.  Light fixtures shall be designed to cast light downward.  Where necessary, cut-off devices shall be used to minimize glare off premises.  No light shall be aimed directly toward a property designated residential, which is located within 200-fee of the source of the light. 

Better get that Illuminance meter fired up!   Lots of neighbors may have a case to reduce lighting, especially along streets.  What about those pesky lights around businesses, like gas stations, fire halls, and restaurants?

Digital Illuminance Meter, available on AMAZON -  $34.99!!!  Great investment if you have light pollution at your home and would like the Town of Magnolia Springs to fix it!

June 2023: Access to Right of Ways (Driveways):

Access to Right of Ways:  Drives for single family homes must have a paved apron to the private property line. This  ensures that gravel a property owner uses does not migrate onto the Town's streets, drainage systems or other public improvements.

There are lots of problems with this zoning regulation.  First, more than 80 % of all driveways in the Town do NOT have a paved apron.  I must wonder why you would make a zoning regulation that 80% are now in violation of?  If enforced, every homeown would spend thousands of dollars to fix their driveways.   It would be hard to apply this to new constructions, since that standard is clearly gravel to the roadway - a tough legal argument for sure.  In addition, most of the new constructions from the past few years do NOT comply.  Second, the Town Right of Way is just that.  Generally ownership of property is to the center of the road, with a 15 for 30 foot offset from the center for the Right of Way.  The Right of way allows access for utilities, road maintenance, signage, etc.  It does NOT give the Town any sort of ownership.  Finally, the Town actually owns NOTHING.  It is the people of the Town that own the assests and through local governance approve how THEIR property is used.      

June 2023:  Amending the Removal or Destruction of Trees in the Town Limits

"There is hereby created a committee and designated as the "Town of Magnolia Springs Tree Committee"......The goal is to preserve the character of the Town".   Any person wishing to remove, relocate, destroy, or otherwise prune or trim a protected tree will first make a written application to the Tree Committee..."

I have no idea what a Tree Committee is going to do about some of the characters that have caused a loss of character of the Town.  Maybe regulations like this are part of the problem?   No one owning property in Magnolia Springs agree to what amount to a Homeowner's Associations rules when they buy private property.   Private property rights are highly protected in the great State of Alabama and it is unlikely any of this would stand up in court. 

Seriously, The Town thinks they can tell you if and when and how you can trim or cut a tree on your property?   By what authority?  The Town has no right to restrict activity on a landowners property, particularly when it comes to cutting or trimming trees that are only protected under the banner of the Town!!  Live Oaks, Bristol Pines, and Magnolias are currently on the list....but only for preserving the Town of Magnolia Springs.

By the way - the fee for the permit to cut your own tree is $20....Should you violate this "law"  you can be charged $500 or face 6 months of imprisonment.   Wow!!!  Government gone wild.  This zoning regulation can be waived by the Mayor for major storms....

June  2023: Banners and Flags

"Decorative Flags, Banners and Bunting must be authorized by the Council"

Wow!  The Town Council is going to tell residents what types of flags they may fly?   What about the Flag of the United States of America?  It is illegal in the State of Alabama to prevent the flying the American flag.  Hopefully  The Town has not prohibited that one!   Watch out for those Fourth of July Banners - check with the Town before hanging them!  No dangerous bunting allowed.

June 2023:  Yard Sale Permits

"All yard sales require a permit from the Town and require a fee in accordance the with latest fee schedule approved by the Town Council"

Seriously, the Town is charging a fee for a yard sale!  Mostly this is to regulate who has a yard sale, and how often.  Really?  The Town of Magnolia Springs is that hard up that they need to charge a fee and have a permit for a Yard Sale????   Talk about government overreach and over-regulation!