Zoning Rule Targets Those Building Planes

The Experimental Aircraft Association says it's fighting a new law enacted in Jacksonville, FL a couple of months ago -- a law that apparently came about because of a dispute between an EAA member and some of his neighbors. But the law itself has far-reaching implications for home-builders across the city... and could be felt nationwide.

The ordinance prevents the construction of any aircraft of airboat at a residence in Jacksonville. That means no more building or restoring airplanes in the garage or the back yard.

Now, in some communities around the country you'll find local zoning laws or neighborhood association rules that prohibit building anything at home... but this law is limited to airplanes and airboats.

"A number of communities and individual residential subdivisions have restrictions on mechanical construction or repair projects in residential areas, but these apply to all types of projects, such as cars, boats, home remodeling and so forth," said Earl Lawrence, EAA’s vice president of industry and regulatory affairs. "It seems quite unfair that an aircraft builder could not quietly fit two parts together while is neighbor might be able to rebuild and engine test a muscle car next door."

In fact, the EAA's lawyers wonder if it'll stand up in court... and they may just be willing to put that new ordinance to the test. Perhaps with that in mind, local lawmakers in Jacksonville now admit the law may need to be tweaked.

"We can imagine the outcry from the public if Jacksonville passed a rule saying residents could not work on automobiles, boats or motorcycles at the their own homes," Lawrence said. "Just because the majority of city residents do not have airplane projects is no reason to discriminate against those who do this lawfully."

Lawrence added that noise and nuisance ordinances in most communities handle such situations and should be used instead of a blanket ban. EAA will continue to monitor the situation to ensure fairness in such regulations.

FMI: www.jaxairplane.com, www.eaa.org