Understanding Local Building Codes and Zoning
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Transcript of Understanding Local Building Codes and Zoning
UNDERSTANDING LOCAL BUILDING CODES AND ZONING
INTRO WHEN CHOOSING A LOCATION, it’s never too early
to start thinking about how zoning laws and building codes
will affect the purchase and future renovations of an existing
property.
WHILE ZONING AND BUILDING CODES ARE CLOSELY RELATED, they both serve different functions.
Prior to construction, you must first get a zoning permit
before obtaining a building permit through your local
planning agency. The following information will give you a
better understanding of these crucial pieces to the puzzle.
ZONING CODES & PERMITS
ZONING CODES
ZONING CODES regulate the type of structures that can
be built in a given location, as well as how that structure
interacts with the land it will be built upon.
ZONING ORDINANCES ZONING ORDINANCES determine how land within
boroughs, cities, counties, parishes and townships should
be subdivided and developed for residential, commercial
and industrial use. In addition to separating municipalities
into different zones, zoning governs issues including but not
limited to the placement of alleys, driveways, easements,
fences, garages, parking areas, signs and even swimming
pools.
PURPOSE OF ZONING WITHIN EACH ZONING DISTRICT, there are
guidelines governing how a building will function in its
potential location as well as its actual location within the
zone. Since there are a variety of different structures that
can be built within each zone, these zoning regulations
typically designate what bulk and density are allowed within
each district. Functional zoning often regulates bulk (i.e.
features related to floor-area ratio, height, open space
and yards) and lot density (i.e. the maximum number of
buildings allowed per zoning lot).
ZONING IS IMPORTANT
APPLYING FOR AND RECEIVING A ZONING PERMIT is the first step in the development process.
Depending on the project and municipality, zoning
clearance may be part of the application process for a
building permit. In other cases, you must apply
for a separate zoning permit prior to applying for a
building permit.
ZONING IS IMPORTANT
BUILDERS SHOULD ALWAYS CHECK ZONING LAWS before proceeding with the construction of a new
structure. And if you’re thinking of setting up a home-based
business, there may be restrictions on what you can do to
the building’s exterior or the number of visitors or
employees who can use the building. Be sure to contact
your city or county clerk’s office for a copy of your local
ordinance. You can also consult an attorney with expertise
in local land use to guide you through the zoning clearance
and compliance process. Once you receive approval from
your local zoning department, the next step is getting a
building permit.
BUILDING CODES & PERMITS
BUILDING CODES
BUILDING CODES deal with the structure itself: its
physical features and how these characteristics affect
safety and accessibility. U.S. buildings fall under the
International Building Code, also known as the
International Commercial or Residential Code (ICC/IRC).
BUILDINGVS.
ZONING THE IMPORTANT DISTINCTION BETWEEN ZONING CODES AND BUILDING CODES is that,
while zoning codes and zoning permits are concerned with
land use, building codes and building permits deal
exclusively with the structure itself. For example, you might
have received a zoning permit for permission to build a
luxury home, but you will still need a building permit that
allows you to actually build it.
PURPOSE OF BUILDING
CODES
BUILDING CODES COMPRISE A SET OF RULES
that specify the minimal quality and safety requirements that
developers must meet. Different sections of a building or
structure are divided into numerous chapters or
classifications to determine the level of risk they pose to
occupants. These include:
THE FUNCTION OF A BUILDING
(e.g. a factory,
museum, residential
home, etc.).
THE NUMBER OF PEOPLE
or occupant load
of the building or
structure.
THE SIZE AND LOCATION
of rooms, walls, floors,
roof structures, stairs,
hallways, plumbing
and light fixtures within
the structure.
PURPOSE OF BUILDING
CODES BUILDING CODES OUTLINE the level of performance
and quality standards your building must adhere to, but it’s
up to your local architect or engineer to figure out how your
design satisfies ICC/IRC guidelines in your area. To ensure
compliance with code standards, a drawing or blueprint of
your construction is generally required during the permit
application process.
WHY BUILDING CODES ARE IMPORTANT
BUILDING CODES ARE IN PLACE to ensure the
safety and well being of tenants, residents and other
individuals who occupy buildings and structures. Before a
building is erected, the agent, architect, engineer or owner
must submit a set of construction documents to receive a
building permit. In some municipalities, the applicant
must show the local agency that he or she is a licensed
builder in order to secure a permit for construction.
CONCLUSION SOME OWNERS AND BUILDERS MAY PERCEIVE zoning regulations and building codes as a
hindrance. However, if you know what to expect before you
begin the building process, they don’t have to be. If you’re a
property owner, meet with your local architect, builder or
engineer ahead of the construction schedule to start
discussions about how these laws will affect your timeline
and budget. Contact your local zoning agency to gather
the information you need to make an informed decision.
WWW.DONGARDNER.COM
Sources: http://quickbooks.intuit.com/r/compliance-licensing/whats-difference-zoning-building-codes