Building inspectors can uncover problems that should be addressed in remodeling and also monitor compliance with building codes during construction.
Zoning Restrictions and Remodeling
Zoning ordinances commonly specify setbacks for the location of a house from the property lines, the permissible size of a house, and the number of people or families that may occupy a house. Zoning rules may also limit the number and type of outbuildings on a property and the potential uses of the site. If you intend to operate a business from your remodeled home or rent out part of it to tenants, be sure to check on zoning restrictions that may apply to those activities.
Common Zoning Variance Requests
Required setbacks are perhaps the most common reason to request a zoning variance, which is a request for an exception to the rules. A change of access to the property—such as a new curb cut or placement of an addition that might encroach on the setback—might violate the standing zoning. Or you may wish to add a rental unit to your home or space to conduct some other business. Some zoning boards are more receptive to requests for variances than others.
The Basics of Seeking a Zoning Variance
There are more than 40,000 tax jurisdictions in the United States and nearly that many zoning boards—each with its own regulations and procedures. So if fulfilling your remodeling plans requires a zoning variance, first find out whom you’ll need to approach to request an exception. Also try to learn of cases and arguments that may be similar to yours and why the request may have succeeded or failed.
As a general rule, the process for obtaining a variance is as follows:
- Fill out an application. Be prepared to provide information on your property’s current zoning status and how you wish to change it.
- Obtain a hearing date. Most zoning bodies hold public hearings on variance requests. Property owners who may be affected by your request may receive notices of the hearing.
- Attend the hearing. Explain your request and be prepared to respond to questions and challenges.
- Negotiate. The zoning board may request changes in your remodeling plans. You may be allowed to get at least some of what you’re after with some give and take.
Unless your proposal is very straightforward, it’s wise to hire an experienced local attorney to shepherd a zoning variance application through the process. Lawyers understand local regulations and precedents, and may be familiar with the quirks of individual board members.
The need for a variance won’t necessarily stop a project in its tracks, but it may slow your progress. If you intend to apply for a variance, it’s wise to try to conclude the matter before remodeling begins.
