BUILDING SMART - PART 2: ZONING

Once you know that you need to apply for a building permit, and why they are important to have, you should be aware of other types of regulations that affect your property. The major ones are zoning regulations and building codes. These laws affect how much you can build on a site or what you need to provide to protect property and the life or safety of occupants. All of them will have an impact on determining the scope of your project.

ZONING

Municipalities usually publish both a zoning ordinance and a zoning map. The latter is a graphic description of the zoning districts overlaid on a map while the former is a set of laws that regulate land use within a specific area such as a city, township or neighborhood. The primary purpose of zoning is to promote public health, safety, and welfare by controlling how land is used and developed.

Zoning usually dictates what activities may be conducted on a property. These designations, or zoning districts, outline uses for residential, commercial, industrial, agricultural, or mixed uses. It also dictates how much of the land can be occupied by a building, or how large a building may be built. The lot coverage is determined by setbacks from the property line, with front, side and rear yard setback distances. The building height, or total area, may be determined by setting a limit on the number of stories, a maximum height, or by specifying a floor area ratio, or F.A.R.

Zoning also helps to address environmental concerns by setting aside areas for natural resources, such as wetlands or wildlife habitats. The ordinance is typically aligned with federal flood maps in helping to determine areas prone to flooding, either by their proximity to the coast and waterways, or areas with an elevated water table.

One more aspect of zoning that may affect your property is the designation of historic districts and special development districts. Historic districts are designated areas that recognize the historic, architectural, or cultural significance of a group of buildings, structures, objects, or sites. These districts may range from a neighborhood with hundreds of buildings to smaller areas with just a few significant structures. These can be designated at the federal, state, or local level. Building changes within a historic district may need to be approved by a local historic preservation commission that reviews the design of an addition or renovation for its contribution to the public character of the area.

Special development districts are areas of a city or township that are targeted for development to address specific needs that may not be addressed by standard zoning districts. These may include an increase in residential density due to higher population growth or converting underused sites to more adequate uses for the greater community.

WORKING WITH PLANNING DEPARTMENTS

Information regarding zoning districts and regulations can be found at your municipality’s planning department. These may be published through their website or a third-party website that holds the text of the regulations. Contacting the planning department staff early in the process can help save time and headaches afterwards.

Before submitting a planning application, it may be possible to arrange for a pre-application meeting with a city planner. They can help you determine if your project complies with the regulations or if you will need to make an application for a variance. Sometimes they can propose alternatives that can save you from the variance process altogether.

ZONING VARIANCES

A variance is a legal exception granted by a local government that allows a property owner to deviate from the constraints of a zoning ordinance or municipal code for a piece of land. It’s a waiver that permits the owner to use the property or develop the lot in a way that is normally prohibited.

The two most common forms of variances are for types of use and for area coverage. The first refers to instances when prohibited uses are proposed. For example, setting up offices in a residential zone beyond what may be allowed would require a variance for use. The other type of variance refers to instances when physical changes to the building encroach on dimensional requirements. E.g. making an addition that encroaches on the front yard setbacks.

To get a variance, the applicant must generally prove that the zoning regulations create a unique hardship due to specific characteristics of the lot, such as its size and shape, and that the variance will not harm the adjacent neighborhood or change its character.

The variance application process involves preparing a separate set of drawings to be reviewed by the local Board of Zoning Adjustment or the Zoning Board of Appeals. As previously noted, a preliminary meeting with a city or town planner can help prepare for the presentation before the board. Consulting a lawyer who specializes in these cases is also very helpful and greatly encouraged as they also help ease the process.