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).
BUILDING VS.
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.
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