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Posted over 6 years ago

Zoning? Why zoning? What zoning? Huh?

You found the perfect property but for some reason no one else wants to buy it. There must be a reason but nothing is disclosed in the papers. It is time to do some investigating at the local municipality. So grab a cup of coffee or take a shot of whiskey and bring your patience with you.

Where to start and what to ask?

1. Zoning

  • Is the lot a buildable lot? A yes answers is only the first step of many. A yes answer does not mean that the ROI will be achieved. A yes answer just means you get to ask a plethora of questions. 
  • What zoning area is the property located in. Every municipality has a zoning map. Most cities have their map online. The zone classification will have a few of the answers in the question below. 
  • What are the front, side, rear yard and height setbacks.
  • Height setbacks may be complicated. Some height setbacks require an additional setback at a 45 degree angle taken from a specific height. Confusion indeed? Verify if the height is taken from the street, the property line, existing grade at the house or sight lines. The most complex height setbacks I have encountered is in the city of Laguna Beach, CA where ocean views or sacred. Even thought a pitched roof or chimney might be allowed to extend pass the height setback that doesn't mean it will be allowed if that chimney is blocking someones white water view of the ocean. 
  • FAR (floor area ratio). It might also be listed as the max percentage of usable floor area. For example, 50% of lot may be used as habitable (livable) space. This means that basements or mechanical rooms are sometimes not counted. Of course verify and don't assume (ASS-U-ME).
  • How high can a pitched roof be before the attic is considered usable space and counted towards the FAR.
  • Open space requirements?
  • Pervious percentage requirements? This means that surfaces have to allow water to seep through and not runoff to the city storm drainage system.
  • Any landscape requirements like planting a tree to provide a certain percentage of shading?
  • Are mechanical units allowed on the roof, if so any clearances required?
  • Are mechanical units allowed in setback? Does a neighbor have to sign a letter accepting mechanical equipment in said side yard.
  • Any parking requirements? If two cars are required may they be tandem?
  • Is there a max height for the front porch stoop? May the porch extend into the setback?
  • Do I need to provide an ownership list (notifying neighbors of construction plans). If yes, how are the neighbors in objecting new construction in said neighborhood.
  • What is grandfathered in?

2. Building Department

  • How much may be torn/demolished for the project to still be considered a remodel and not a new home. 
  • Do walls at a certain setback near the property line need to be fire rated as well?
  • Are skylights allowed and if so how close to party wall?
  • How close are windows allowed near the property lines or party walls?
  • Roof ventilation clearance requirements?

3. Site Work

  • Any requirements in catching the rain from the roof? Does this water have to drain directly to the storm drain?
  • Underground or overhead electrical?
  • Any improvements like sidewalks/curbs?

4. Consultants

  • Survey. Be sure it is an ATLA Survey. They are much more detailed. It should also include the topography and where all the utilities are located in the street. Be sure to get the corners of the adjacent buildings, any easements and property corners maked. 
  • Civil Engineer. They will figure out all the connections to the utilities and site work for drainage and so on. They might be able to answer some of the questions I have under site work. Usually a civil engineer is only required for new construction.
  • Soils Engineer. Have them dig a few test pits. We will need this for Retaining Walls and the slab. We can also use the worst case scenario for the soils but I think that usually ends up costing more because there has to be more concrete.

5. Misc.

  • What are the submital requirements? Do we submit to zoning and then building? How many copies are needed. 
  • Any design/planing/historic/city council review boards? 
  • May the plans be submitted on 11x17? This may save you a few hundred dollars and is much easier to print than a typical size of 18x24 or 24x36.

That should be good for now. A lot of these questions might be obsolete in certain areas but I always ask everything. Especially the ones that have come back to haunt me. I'm sure some of these questions will lead to other questions or the need for clarification. Just make sure you get anything in writing if it is not spelled out in the code. 

One last question for everyone at the city, “is there absolutely anything else I should be aware of?”

Always be polite to the staff and the majority are there to help. Smile and ask questions as if your life depended on it? 



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