Soundproofing for Zoning Change?

Posted: Tue May 13, 2003 1:19 pm

Hi,

We all know that it's possible to adequately sound-proof a studio so that we don't bother the neighbours.

But how do you prove that to the civil servants in the zoning office when you're applying to change the zoning of your property from residential to light commercial?

I want to have the studio in my house (renovate, lift house, make deep basement w/seperate entrance) or in the backyard (build from scratch, approx 1000 sq ft.) I'm there all the time - I don't want a seperate space or I'd never be home!

To do that, I either have to live in a commercial area, which is a pain from a zoning perspective, or get the zoning changed on my property, which sounds like it might be possible, but I have to present an argument re: possible impact on neighbours.

I'm running now, but not zoned properly and not too busy (don't quit your day job). I do my own music, and have been paid to do radio ads, sound for film, and bands. So far no problem, but I don't want to spend a lot of money and then run into zoning problems, so it's time to go above ground.....

Any advice?

thx

Posted: Tue May 13, 2003 1:28 pm

Dave,
The zoning commission will be concerned with other issues than noise. They are also concerned with parking and traffic in a residential area. They will also be considering the impact of allowing you to do this as, it will set a precedent at least in your neighborhood. If they allow you to do this they will have to allow others to do it also. I would try to get the approval for the construction by telling them I wanted to build a home theater and entertainment room and keep the whole thing off the radar screen if possible. Letting them know what you are up to will only be stirring the pot, so to speak.

Posted: Tue May 13, 2003 1:42 pm

Dave,

I agree with Kurt - don't bother a sleeping dog. And once you tell Zoning about your plans, next thing you know you'll be getting notices from the town Tax Assessor wanting a piece of your assets.

I have a studio on the top floor of my house and I've never had a problem. I don't record rock bands, but my large bi-amped JBL speakers go very loud, and it's just never been an issue. And I'm in a quiet residential area. My neighbors' lawn mowers bother me a lot more than I'll ever bother them!

When I first moved in I played some music fairly loud late one evening when there was little other noise outside, and went outside and listened. I could hardly hear anything. So I went back in, cranked it as loud as I could stand, and went outside again. It was not very loud outside, and I'm sure inside other houses it was not a problem at all.

So try that first with either loud music through your speakers, or get a friend to bang some drums or play a bass loudly through an amp. You may not even have a problem at all.

--Ethan

Posted: Tue May 13, 2003 2:04 pm

I agree as well, keep things off the radar. Try to work for cash and keep it informal if possible.

I make it clear to everyone in my neighborhood that asks that the studio is just for myself, my family and friends and that there is no charge for any services.

Posted: Tue May 13, 2003 2:10 pm

Quote:

Originally posted by Ethan Winer:
Dave,

I agree with Kurt - don't bother a sleeping dog. And once you tell Zoning about your plans, next thing you know you'll be getting notices from the town Tax Assessor wanting a piece of your assets.

--Ethan

Ethan has an excellent point. I like to call this the "Because you've got it tax". A real pet peeve for me. It is a 1% per annum tax on all personal property and fixtures you use in the operation of your business. It includes everything, light fixtures, carpeting, equipment, and vehicles if you should ever decide to do a remote recording, the building if you own it. As you can imagine, it can add up. The best solution is as Ethan and I mentioned, is to stay off the radar. Don't let them know what you are doing. For some reason city and county tax officials seem to think that recording studios are "deep pockets" full of wads of cash to disburse! Kurt

Posted: Tue May 13, 2003 8:17 pm

Hey, I like it here....

Ethan - I'm saving up for some of your bass traps.

I should have mentioned that I'm in Regina, Saskatchewan, Canada. We call it the "city that rhymes with fun." We don't have the 1% tax, but we do have lots of other taxes.

I have to go above ground for a couple of reasons.

1) Part of what I do is help fill out grant applications for bands. They get the $$ then they can pay me more, eh? But I deal with lots of government types.

2) For my studio to "take the next step" I need a better space. Clients like the sounds I get, but some are looking for a bigger room, etc. Right now, I must confess, I'm just using the upstairs in my house. Total area for control room and tracking room is only 500 square feet.The rooms are dedicated to audio and treated, but they're still just rooms in a house and they're small.

I know everybody and their dog is opening a studio right now, but I'm doing ok against the local project studios. I'm also trying to get into audio for film (friends work in post) and have done paid gigs for radio and tv ads composing, writing copy, and doing voiceovers.

I checked out the zoning regs today and might be able to classify my studio as a home business. I wouldn't be allowed to advertise my street address or put up a sign, but I don't want to do that anyway.......

Thanks again for the advice,

dave

PS. For those of you who are so inclined, Canada is decriminalizing marijuana this week or next. $100 fine for up to 15 grams simple possession.

just in case you wanted to visit.

dl

Posted: Tue May 13, 2003 9:54 pm

We're facing the same decision and it's looking like we will stay under radar until we can build a case in our defense.

We plan to go ahead and build the studio in our detached garage. Then, once the studio is ready to go, we can start taking various sound level readings from different places along our property line while loud music and bands play inside the studio.

Doing this will give us evidense of solid sound proofing that we can present to the Zoning board in our defense.

Of course, we also live on 4.5 acres and have very few neighbors but, as the saying goes, it's better to be safe than sorry.

Even now, after hearing about all this taxation, I am rethinking the zoning request. I hate excessive taxation and if the same taxes are applied to us as Kurt points out then there is no way we'd be able to stay open Sad

Peace,
Brad

Posted: Wed May 14, 2003 6:36 am

Kurt,

> I like to call this the "Because you've got it tax". <

In the past, inventory was taxable as property in Connecticut. When I owned a software company it was a huge nuisance to delay printing of manuals and literature as inventory time drew near. These days only fixtures and tools are taxed, which is a good thing because our biggest tool is a $200 electric caulk gun! Very Happy

--Ethan

Posted: Wed May 14, 2003 7:33 am

Not meaning to throw a wrench in the works, but I think that every attempt should be made to legitamize any business venture, be it recording or Amway...

I have filed with local and state offices regarding tax issues and certificates, DBA licensing, and the like...Sure, I pay a bit more in property and sales taxes, and it increases the amount of record keeping, but this is a small investment of time and money compared to what could happen in the event a business venture is not properly announced and approved...

I think that the best advice would be to check with a property/zoning attorney...following well meaning but bad (illegal?) advice could end up costing a whole lot more than what the hassle and expense of going legit would cost...

Just my $.02 ($.016 after taxes)

Ken

Posted: Wed May 14, 2003 7:44 am

Ken,

> I think that every attempt should be made to legitamize any business venture, be it recording or Amway... <

Yes, that is absolutely valid too. Especially if you plan to be a real business, versus a weekend semi-hobby just to earn a little extra cash by recording bands once in a while.

--Ethan

Posted: Wed May 14, 2003 1:54 pm

Dave,
Check the County regulations for taxs. The County is the one who charges the "Because You Got It Tax".

Ken,
There are lots of ways to file a DBA and get a business license without saying you are a recording studio. I agree that all bases should be covered but really, telling the City and the County that you are a recording studio is like waveing a big red flag and shouting " Money ! I've got money! Come and get it!" Start a publishing company or a talent agency.. something like that and then run the studio under that umbrella. Just don't tell them it's a "Recording Studio". For some reason when you say that, they hear "CHA-CHING!" and they start drooling.

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