It's Your House - Or Is It? Planning And Zoning Woes, Part 1
by Diane Benson Harrington
I'm married to an urban planner who, until recently, tended to work for whatever city we lived in. So in my last house, when I wanted to put a fence in the side yard of our corner lot, my husband said no. Turns out that not only would that have required a permit from the city, but I also couldn't have put it where I wanted. Although our vast lawn rolled from doorstep to street, that first 10 or 15 feet of lush grass we tended each week technically wasn't ours. The city could choose to build a sidewalk on it at any time -- and if I'd built that fence, or even put in any bushes or trees, I might have had to take them out. While my dear husband and his colleagues look agape at people who don't know about planning and zoning regulations, the fact is, many people are blissfully unaware. Blissful, that is, until you want to build that fence. From counties to cities to homeowners associations, some entity is often there to cut your ideas off at the knees. So if you're eyeing a new house with renovations in mind (or even if you're not), it pays to do a little investigating before you make an offer. Here are a few things you should know: - Are you in a flood plain? You don't necessarily have to be on a river or water body to be in a flood plain. (The recent hurricanes in the Southeast have proved how far inland you can see flooding.) Most banks will require confirmation of your proximity to a flood plain when you apply for a mortgage. If you're in one, expect significantly higher homeowners insurance costs.
- Get a survey. When I lived in southeast Florida, buying a house without getting a property survey was unheard of. But in towns I've resided in Colorado, Illinois and Wisconsin, surveys are rare. A survey is a good way to make sure that the property lines are where you think they are and that your fence or shed (or your neighbor's fence or shed) hasn't scooted over the line.
My new Madison home has a small city park in the backyard, and my neighbor and I share a lovely, wide driveway that turns off right and left into each of our homes, then continues part of the way into the park. But that extra bit of driveway belongs to the city, not to either of us. So we can't park RVs or even cars on that easement.
Surveys also help not only with what you can see, but also with what you can't. If the local phone company or city sewer system runs its underground lines on the edge of your property, then they no doubt own the easement that allows them to access it -- and which may prevent you from putting a fence or shrubs on top of it. - Know the setbacks. A setback is how much room you need to leave between a given property line and your home's structure. Side setbacks tend to be much smaller than front and back setbacks. Why do you care? Because if you're hoping to tuck a shed or build a kids' wooden play structure in back corner of the new yard, the rules may prohibit you from coming close to the property lines.
- Know your responsibilities. Just because you don't own the land between the sidewalk and the street doesn't mean you can let it go to pot. Cities almost all require homeowners to maintain that space. And no, you can't rebel and fill it in with concrete unless your city code allows. Have a huge oak planted in that city-owned area and tired of raking up those leaves? Bummer. Nine times out of 10, the city isn't going to let you get rid of the tree, nor will they handle the maintenance. Sidewalks, too, often are the homeowner's responsibility -- if not for repair, then at least for maintenance. So if shoveling snow isn't your cup of hot chocolate, think twice about buying that corner lot.
- Thinking about remodeling? Be sure you can. If affording this home requires you to rent out the basement for income property, confirm that your local codes allow rentals on your property and that the basement meets the code. Generally, you can't legally use a basement as a bedroom or rental apartment if there are not two distinct exits. (And, no, that tiny 1-by-3-foot window at the top of the basement wall doesn't count. You need easy, approved access to a second exit in case of fire.)
Have your heart set on enclosing that covered porch in front and making it a great four-season room? Check the code first. Even though the floor and the roof extend that far, the walls may not be allowed to. (Regardless of how stupid that may be, trust me, it's not worth arguing the point with the planning-and-zoning official, especially if he's your husband.)
Know, too, that you typically are required to get a local permit for many types of building, plumbing and electrical changes. The code may even require a licensed professional to do something as simple as changing out a toilet or switching a regular electrical outlet for a GFI-outlet. - Recreational restrictions. Your grand plans for extending the deck out another 10 feet may be thwarted by local codes. If it's a deal-breaker for you, get answers before you make an offer on the house. The back yard may be big enough for a huge, above-ground pool -- but your local rules may require an in-ground pool (or vice versa).
Thrilled that the front driveway is three cars' wide, leaving plenty of room to park your 24-foot camping trailer next to your sedan and minivan? Many city codes do not allow boats or RVs to be parked in front of a house, or even on the side of a house without proper screening from view. Sometimes, they're not allowed on your property at all, save for the day or two it might take to pack and unpack. (By the way, if you plan to set your college-age son up in the trailer with a generator whenever he's home for the holidays, make sure your code allows that.) - About that fence. Irritated that you have to put in a fence to screen your pop-up camper? You'll be even more perturbed if your local code requires a wood fence instead of chain link. Planning to screen out the next-door neighbor's view from his deck by putting up an 8-foot fence? Your local code may only allow 6-foot-high fences.
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