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