areazoning building requirements information

Zoning

Zoning laws typically specify the areas in which residential, industrial, recreational or commercial buildings may be constructed. For example, an R-1 residential zone might allow only single-family detached homes as opposed to duplexes or apartment complexes. Commercial or industrial buildings will not be permitted to be built in an area that is zoned strictly residential.

Zoning laws become more and more complex as the density of population in the area increases. A major metropolitan area will have many times more regulations about what you can and can’t build, than will a sparsely populated rural area.

Did You Know…

There are innumerable federal, state, county and local laws which restrict what you can do with the property that you own. Some things that may be regulated by zoning laws include:

• Size requirements for lots
• Size and height requirements for buildings
• Density of development
• Whether or not you can raise livestock
• Extraction of natural resources from land within the zoned area
• Open space
• Outside appearance
• Amount of doors required
• Protection of historical buildings
• Environmental hazards (what can be stored on the property as well as who is responsible for removing these hazards, which can include: asbestos, lead paint, petro-chemicals, radon and other toxic wastes.
• Public easement and right of way

Did You Know…

Don’t make this mistake…

One of the largest, most disastrous mistakes which could be made by a steel building buyer is not checking out the zoning of their property in advance of purchasing the building. Before doing anything, it is wise to find out up front the zoning requirements, the regulations for building construction, and what permits you will need!

Your local zoning office or city planning department is the place to go for information. Zoning ordinances and zoning maps are public records. If you have a legal description of the property (name, address, tax map and parcel number), you may be able to phone the appropriate zoning department or e-mail your request for information. Some communities have this information online or in local libraries.

The most frequently used types of zoning classifications are:

1. commercial
2. industrial
3. residential
4. agricultural

If you want to put up a steel building that doesn’t fit in with local zoning ordinance, here are your options:

1. Modify your proposed building to fit the current zoning regulations
2. Look for other land subject to zoning laws that permit your proposed use
3. Apply for a variance, conditional use, or nonconforming use permit.

What is a variance?

A variance, if granted, it permits the owner to use his land in a way that is ordinarily not permitted by the zoning ordinance. It is not a change in the zoning law, rather a waiver of a certain requirement of the zoning ordinance.

Examples where a variance might apply would be: building a gazebo in the back yard or allowing the owner of an odd-shaped lot to reduce slightly the setback requirements in order to fit in a new building.

If you want to change the permitted use of your land, you might have to prove that the new use you have in mind preserves the appearance and ambience of neighboring properties, is applicable only to your unique piece of property and not to surrounding properties, and, more importantly, the existing restrictions create a serious hardship on you.

The ramifications for zoning violations can be severe. Zoning codes are laws, and must be followed like any other laws. If you put up an illegal construction and it comes to the attention of the local authorities (perhaps through a tax assessment), you could be ordered to comply with the zoning rules, pay fines, or even worse, tear down the illegal structure.

If the variance or rezoning change that you have in mind is fairly small, uncomplicated, and does not adversely affect your neighbors, you may not need a lawyer. It’s a good idea to get the support of your neighbors, and establish a good relationship with the local zoning authority in advance.

The approval or denial of variances is largely discretionary, and frequently politics plays a part as well. Approval depends on a wide variety of other factors, also. A variance request such as opening a roadside vegetable stand in a strictly residential zone would not be granted as readily as requests that seek only minor deviations from the zoning requirements, such as changing the setback requirements for fencing.

Zoning laws can also work in your favor.
Perhaps your neighbor is planning to build a second story that blocks your view of the ocean, or wanting to start a pre-school in her home. Perhaps a company wants to convert the neighborhood gas station into a McDonalds, which will dramatically raise the noise level and traffic in your neighborhood.

In these instances, zoning regulations can protect your property values as well as your piece of mind.

Building Permits

The engineer who draws up the blueprints must be licensed in the state where the building will be erected, and the documents must be stamped with that state''s particular stamp. You''ll probably need at least three sets of original documents -- photocopies generally are not accepted by the building permitting agencies. When your construction is reviewed by a building inspector, they will be checking to see that you have followed these blueprints.

In addition to the blueprints for the steel building itself, you might need stamped, certified blueprints for the foundation. Your building supplier can usually recommend a local foundation engineer who can take the building specifications and design the foundation based on that criteria. The soil and frost conditions must be taken into account as well, and the slab requirements based on your building''s use.
Click here for more information about foundations for steel buildings.

Steel buildings are specifically designed to meet local building code requirements for any area- if you live in an locale that is visited by hurricanes, the building you purchase should be designed to have the strength to survive most hurricanes fully intact.

In areas of seismic activity, metal buildings have many advantages over traditional types of construction and have proven themselves over time. The low mass, superior strength and ductility of metal buildings provides the necessary qualities to resist seismic activity.

Generally, agricultural use buildings are exempt from “permitting” (requiring a permit) if they are out beyond the city limits on farms and ranches. However, they still must comply with building codes for that area. It is the builder/owner’s responsibility to purchase a steel building that is in compliance with local codes.
Click here for more information about building codes

Some other types of permits you may need include:

• Building Permits
• Electrical Permits
• Environmental Permits
• Mechanical/Heating Permits
• Plumbing Permits
• Sign Permits
• Soil Erosion Permits
• Street Use Permits
• Wrecking / Moving Permits

Your permit(s) should be posted at the project site.

The last page of your permit has the building inspector''s name and phone number on it. Contact the inspector directly if you have questions about your project or to schedule an inspection. You will need the permit number and the address where the work is being done to schedule an inspection of the work.

If you are issued an inspection record card, post the card at the job site for the inspectors to make notes. Your approved site plan (if any) must be available at each inspection.

Sometimes a site plan, a zoning site review, and an inspections plan review are required before a permit can be issued.

Definition of Terms:

Allows another person the right to use your land for a specific purpose. Examples of common easements are:

• granted to public utility or telephone companies to run lines on or under your property
• for neighboring houses to use a common driveway to give access to their home

Property Line/lot line

Describes the legal boundary of a parcel of land.

Right of way

A type of easement granted by the property owner that gives others the right to travel over his land and to have the reasonable use and enjoyment the property, as long as it doesn’t interfere with the owner’s use and enjoyment of the land.

The principles of “right of way” had their origin in traditional common law which governed things like the free flow of water or allowed neighboring landowners to travel over another’s property (an informal "road system").

Setback

The minimum distance required between the building line and nearest property line.

Site Plan A site plan is a drawing of your property. It must show the property lines, any structures that currently exist on that land (house, garage, fence, etc) and where your planned building is to be located. To make a site plan you need to locate the metal stakes that mark the corners of your lot. These are often buried a few inches underground and are set 1 foot in from the actual lines.

The dimensions of the site must be accurate. If you can''t find the property line markers yourself, you will have to hire a licensed surveyor to locate them in order to draw up the site plan.

A site plan should include:

• An arrow indicating north
• The scale of the drawing.Draw the site plan to the most appropriate scale, for example, 1” = 10’.
• Property lines, which will need to be physically located. You might need to hire a surveyor. A typical residential lot survey costs approximately $700 to $900. It can be more if your land is irregular in shape or has other unusual features. You should obtain estimates from several surveyors.
  ( While it may seem expensive to hire a surveyor, it will be cheaper than having to relocate the building after construction begins, or legal costs caused by encroaching on someone else''s property.)
• Adjacent streets and any easements.
• The distance between buildings and between buildings and property lines.
• The dimensions of the existing buildings.
• A clear indication of the proposed addition.

A site plan review determines compliance with local ordinances and applicable state building and mechanical codes. Once your site plan is approved, the next step is to apply for permits.

Zero lot line

The location of a building on a lot in such a manner that one or more of the building''s sides rests directly on a property line.

Common zoning designations

(These are from the city of Sacramento. Bear in mind that these designations are not standardized throughout the country, and might be different in your area.)

R-1: Standard Single-Family Zone
This is a low density residential zone composed of single-family, detached residences on lots a minimum of fifty-two (52) feet by one hundred (100) feet in size. A duplex or a halfplex is allowed on a corner lot subject to compliance with development standards. Residential neighborhoods are commonly zoned this way.

R-3: Multi-Family Zone
This is a multi-family residential zone intended for more traditional types of apartments.

C-2: General Commercial Zone
This is a general commercial zone which provides for the sale of commodities, or performance of services, including repair facilities, offices, small wholesale stores or distributors, and limited processing and packaging. Good examples are a small neighborhood hardware store or a corner market.

M-2: Heavy Industrial Zone
This zone permits the manufacture or treatment of goods from raw materials.

A: Agricultural Zone
This is an agricultural zone restricting the use of land primarily to agriculture and farming.

Sometimes a zoning category may have what is called an “overlay,” meaning an additional designation that may further restrict the uses or development standards for construction within that zone. Examples of overlay designations are:

TO: Transit Overlay
Used for properties within a ¼ mile of a Light Rail Transit Station.

References:

http://www.planning.org/pas/zoning.htm

http://en.wikipedia.org/wiki/Property_line

http://www.buysteelbuildings.com/do-not-buy-the-wrong-steel-building/

http://geography.about.com/od/urbaneconomicgeography/a/zoning.htm

http://real-estate-law.freeadvice.com/zoning/zoning_legalese.htm

http://www.a1steelbuildings.com/commonmistakes2.html