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It’s time for West Easton zoning ordinances to be reviewed. I don’t know when the zoning ordinances were last given a hard look to see if any changes were needed, but it’s my understanding that our zoning ordinances weren’t specifically designed around our community as it developed. The bulk came from another community and adopted as our own, which is why they don’t always fit within our community, or don’t reflect changes in the world around us.

Property Structures

Months ago I accepted a position on the West Easton Zoning Board to fill a seat that became vacant. In that time there have been two meetings of the Zoning Board. Both involved requests for a variance that related to a structure which, if built, would put the property coverage over the 25% allowed in a back yard. Both structures to be built were garages. Both garages would be built by a contractor. One garage replaced a smaller, older garage that wouldn’t be missed. The other would be placed where no garage previously stood. In one presentation to the Zoning Board no neighbors appeared to testify in objection and in the other, neighbors who did appear, supported the building of the garage. In both hearings, the Zoning Board unanimously approved the homeowners request for a variance.  One garage has since been built and can be seen on Keystone Street, between 2nd and 3rd Streets. It’s the tan and blue garage that is obviously new.

The need for the variance comes from the restriction of the 25% of backyard coverage. Many lots in West Easton are relatively small and created decades ago when homes were built close together, or duplexes were built within a larger lot without much setback between property lines. In some instances, an outer wall of a home actually sits along a property line, with no setback. Often, homes were built long and narrow, resulting in a very small backyard. If a large shed sits in the backyard the result is that an additional garage will almost certainly result in exceeding the 25% coverage of the property. On some properties in West Easton without a shed, building only a garage would require a variance. In fact, many garages that were built on these smaller lots before zoning laws were put in place already exceed 25% of coverage and wanting to put up a small shed would require a variance for the shed.

I believe the ordinances must have come from a community that had large lots as a standard. Probably at least 1/4 acre, or more. The larger the lot size, the lower the percentage of coverage allowed. This lower percentage is put in place to prevent a homeowner building a single structure in the backyard that could conceivably end up being larger than the existing home, or simply take away from the open space look desired by the community.

The West Easton Zoning Board understands the dilemma, which is why leeway is given in granting homeowners variances for a new garage if it enhances the property and no objections are heard, but I feel badly for the homeowner that has to lay out $1000 to be heard and get that variance, because of the 25% restriction. That’s a lot of money and it goes to a lawyer, a stenographer, board members, secretaries, and other costs, including advertising the hearing. There is usually little, if any left and returned to the homeowner after everyone is paid.

Doing Businesses In West Easton

Antiquated, or not well thought out, the current business ordinance is so encompassing that almost every resident would be required to get a business license at some time.

It reads:

A business includes any person, entity, corporation, or partnership that has an actual place of business, or does business within the Borough, or has its’ mail delivered to a location in the Borough. Any type of sales are also included. This further includes contractors who perform construction, alterations, repairs, or demolition within Borough boundaries.

The problem lies within the one sentence, “Any type of sales are also included.”

I can only assume this ordinance was written before the Internet age. As it is written, anyone who sells something on eBay is required to have a business license. Anyone who has a website and receives money through one the many programs that allow people with home computers to earn an income must get a business license. If you list an item for sale on Craig’s List, you need a business license. If you are one of the lucky people in the world today who has an employer that allows you to work at home through your computer, you need a business license.

While I can certainly see the need for a business license when there would be an impact of some kind to the community, such as parking spaces being used by customers coming and going, or noise concerns because of power tools running constantly, I think West Easton goes beyond their scope of reasonable expectations in demanding a business license for users of the Internet, but have absolutely no affect on their neighbors, or the community.

I paid my $20 for a business license for the year. I was new to West Easton and found it much easier to just pay it rather than challenge it, or God forbid, somebody claiming that I was receiving special treatment for some unknown reason, because it wasn’t being enforced on me.

I’m hoping to get these ordinances changed. I plan to address the Council at some future date to see what can be done, so that a review of all West Easton ordinances can be performed and how suggested revisions can be implemented.