City zoning says no permit???

[becker_atc]

Alright, I'm on nights right now and decided to do some digging on if I can build a shop at my place.

I live on an acre lot and according to the zoning map I found on city halls page I am zoned S-1 "SUBURBAN DISTRICT". Still in city limits. Under the exemtions part of the regs it reads:

"1. Building permits will not be required for the construction of accessory buildings used in connection with the principal use of the premisis."​

http://www.cityofblanchard.us/Zoning_Regs.pdf Page 37 is where S-1 starts

Accessory buildings are defined as private garage, tool houses and many othe things.

SO, if no permit is required it sounds like I can build what I want. No H.O.A. in my hood just houses on acre lots. BUT thats where I am confused. Says minimum lot area is 20 acres and set backs of 50 foot in each dirrection.

I remember a neighbor saying we were grandfathered or something. But if those setbacks are true it might screw me.

If all is well and im alowed to build like I want it comes down to call builders get quotes and get after it?



Sorry night shift ramblings. On night 5, and work alone...get kinda screwwy by night 7.....

 

[pennsylvaniaboy]

a 50' setback is nuts in a city limit where lots are not that big. I would call from a cell # and play dumb and ask. I wouldnt say where.

 

[SMKS]

Definitely call and ask.

 

[Ponchoguy]

Filings usually go better when there's an architect involved to file the plans. Some states allow professional certification of jobs by the architect.

 

[barnee]

If you lot and house existed before the zoning regulations was established, you are "grandfathered" or are a non-conforming use, so the exemption would apply. The minimum 20 acre, etc requirements are for raw land/new development within the S-1 zone.

You should still verify and confirm that your house predated the zoning law just to get confirmation, but it seems your good to go.

 

[Cyberbear]

Building restrictions are usually less critical in rural areas, and if you are prone to abiding by the building/zoning codes, you should simply contact the county building dept. and have them explain what codes actually apply to your land, and if variances are available if needed to build your garage/shop.
Keep in mind that once a permit is taken out you will be paying more property taxes after the final inspection has been made. Years ago I dared to build a 2400 sq/ft shop w/o permits and have not seen an increase in my property taxes. This can be done but is not easy, especially if you don't know what questions to ask from the county code enforcers.

 

[dunnit]

Might look into a "attached" addition
.....place where you want , and connect the 2 with a string of 2x4's....that was how a inspector "suggested" to us and a couple friends

 

[Brian_WK]

Might look into a "attached" addition
.....place where you want , and connect the 2 with a string of 2x4's....that was how a inspector "suggested" to us and a couple friends

Then a herd of Zebras came through and broke through the 2x4's but not going to rebuild as insurance would only cover the cost of 2x2's.....

Brian

 

[rsanter]

You need a permit....

Bob

 

[DekeT]

Huge kudos to the OP for asking a question with the complete and relevant information available for interpretation. May be the first of its kind on the GJ. Though what is missing is the lot size, shape, and frontage. Those items are unknown and may constitute a legal non-conformity and change the entire conversation and direction of what he can do.

The non-conforming rule, where the so-called "grandfathering" is, only applies if you have some non-conforming use, structure, or lot size that conflicts with the current rules. Do you have one you did not mention? If so, you are allowed to continue the present scope of your non-conformity but you will likely not be allowed to INCREASE the size of that non-conformity. That is what "grandfathering" means - not that you may ignore the present rules if you change something(anything). The accessory building may kaput unless you get a variance if you do not conform in any way to the present.

The exceptions clause when strictly read does not give you permission to build the structure if you are non-conforming.

If all is well and good - you are using your land as allowed by present ordinance and lot sizes and setbacks are being followed then you may move on to permitted uses for your zoning.

21-702 permitted uses.

8. Accessory buildings or uses incidental to the foregoing principal uses, including home occupations as defined in this ordinance, private garages, guest houses, tool houses, private greenhouses, private dog kennels, stables, roadside stands and quarters for persons employed in connection with the principal use of the premises.
You may be subject to some other minor requirements if you shop is a home occupation. Sign, parking, etc.

Just as a note not pertinent to the discussion. Your minimum lot area regulations is suburban seem to discourage any agricultural uses. I am sure that is by intent because the agricultural zoning allows 2 acre minimums which would allow land splits to keep sizable acreage available for farming after the permitted number of splits.

 

[DekeT]

If you lot and house existed before the zoning regulations was established, you are "grandfathered" or are a non-conforming use, so the exemption would apply. The minimum 20 acre, etc requirements are for raw land/new development within the S-1 zone.

You should still verify and confirm that your house predated the zoning law just to get confirmation, but it seems your good to go.

A "grandfather" exemption only applies to the present use and scope of that use and not an increase of the non-conforming use or to conflict with current setback, lot sizes, or frontage requirements. When you get "grandfathered" in any decently written ordinance you may continue exactly as you are doing and no more. Not that what you want to do can't get done but a variance is usually required.

 

[SteveCh]

Yes, around here, "grandfathered" means you can keep a structure that was already there prior to changes in the reg's that would not allow it to be constructed today. Not for something you want to add after the new reg's. Maybe it's different where you live.

 

[barnee]

A "grandfather" exemption only applies to the present use and scope of that use and not an increase of the non-conforming use or to conflict with current setback, lot sizes, or frontage requirements. When you get "grandfathered" in any decently written ordinance you may continue exactly as you are doing and no more. Not that what you want to do can't get done but a variance is usually required.

Grandfathering protects what is there today (non-conforming use). The exemption portion of the S-1 code allows the expansion if the criteria is met. If the expansion did not meet the criteria then a variance would be needed.

Always worth sitting down with the City to confirm.

 

[becker_atc]

Thanks everyone! Will go down to city hall soon and see what they have to say


Sent via message in a bottle

 

[justanengineer]

Grandfathering protects what is there today (non-conforming use). The exemption portion of the S-1 code allows the expansion if the criteria is met. If the expansion did not meet the criteria then a variance would be needed.

Always worth sitting down with the City to confirm.

Youre both somewhat correct IME. Grandfathering that I've seen protects not really WHAT but more WHO is there already. I've seen many cases where towns and neighborhoods have engulfed farms and/or businesses and vise-versa. In those cases the farm/business can stay and expand on the existing property without asking permission but if sold exemptions no longer apply as they don't if the property itself is expanded (IOW, buying additional land). Usually exemptions are extended if the business stays within the family tho. In the case of my family, a dual use residential/commercial property was a rather difficult sell and led to threats of a lawsuit when the new owner realized the town wouldn't grant a variance, dual use became commercial/non-residential after the sale - slightly different situation but same concept.

Regardless, the OP's on an acre inside of a city's jurisdiction, I don't see the locals not requiring a permit.

 

[DekeT]

Regardless, the OP's on an acre inside of a city's jurisdiction, I don't see the locals not requiring a permit.

If you think this, then you did not read the ordinance. Also, zoning ordinances are never to written to "whom", they are written to "what". Otherwise the law would not stand a 14th amendment challenge for equal protection. Maybe you have some unusual experience with your family business but it is certainly not the norm.

 

[bigredmf]

C


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[T_R]

I'd call and ask first.

I had a similar situation. I'm within the town lines but outside what they call the urban limit. The county plows my road, not the town. I'm technically in town, but in reality in the middle of the woods. Called about a permit, was told all I need to do was keep the garage 15 feet off the property line. No permit needed, no inspections, no nothing.

 

[Falcon67]

a 50' setback is nuts in a city limit where lots are not that big. I would call from a cell # and play dumb and ask. I wouldnt say where.

A square acre is 208' on a side. 50' setback may not be much depending on the lot layout

 

[dunnit]

Then a herd of Zebras came through and broke through the 2x4's but not going to rebuild as insurance would only cover the cost of 2x2's.....

Brian

 

[pmiranda]

Go down to the county records office and dig up your plat map, and any other deed records that might show setbacks and especially access or utility easements through the property that were likely established when the original dozens of acres were subdivided into acre lots. Occasionally you'll see lots that were carved off a big one an acre or few at a time, but usually it's more cost effective to do a whole subdivision at once.
It would **** to build something into a utility easement and then find out they need to run something under or over it when a neighbor builds on a previously empty lot or they have to upgrade or replace poles.

 

[Ilikeike]

And many new regs/codes don't allow detached or attached shop type non inhabitable additions larger than a certain % of the existing structure.
but that's only from my experience in over regulated Ca.

Good luck.

 

[maxpower_hd]

One way or the other you will need to contact the building department in your area. You may find that you still need a permit because you are under the 20 acres mentioned in the regs. It's an easy enough question to ask.

Around here you need a permit for anything that isn't temporary. Permit requirements are considerably different depending on where you live. I've seen additions torn down because proper permits weren't pulled. Pulling a permit isn't usually a deal breaker anyway.