Building accessory structures before primary dwelling unit

[aardvark]

Hi all,

I'm a newbie. I've got only an avocational code interpretation background, but I'm learning a lot in our present endeavor.

My wife and I are planning to build our own home in Pennsylvania to be closer to her family in NJ. Wisconsin is just too far away. We are planning a home in an area zoned "Land Conservation" in a rural county, which seemed to provide the most flexibility for what we wanted to do.

The county zoning official says that I can't put up and use ANY structure prior to a certificate of occupancy on the primary dwelling unit. No storage building. No chicken coop for our chickens. No place to lock up a skid-steer or tractor. He said the restriction was an underlying condition in the zoning category, but I can't find it anywhere in the zoning ordinance.

Ironically, if it weren't for pesky deed restrictions, neither the county zoning nor township ordinances preclude living in a tent after getting a permit for a portable toilet, and the sewage officer is happy to issue such a permit. Deed restrictions also prohibit mobile homes.

This puts a real dent in our plans, to the point where my wife is looking to relocate to another county? state? without such restrictions. It looks like we would have to rent a dwelling and storage unit in town. It also makes it difficult to source recycled building materials, which is one of our goals.

By the way, we haven't committed legally to buying any parcel, although we do have a verbal offer in on one that we really like. We haven't found another suitable property without deed restrictions against mobile homes or with a dwelling we can occupy.

My questions:

1. How pervasive is this requirement, in Pennsylvania, elsewhere?
   
2. Where is it found in code/ordinance/regulations?
   
3. Do I have a snowball's chance in {climate change} to get a variance around this?
   
4. Any suggestions on how we can transition to this area more easily?
   

Thanks,

Dave

 

[mjesse]

First, Welcome to THE forum.

We have similar Zoning laws on the books here.

Your chances of getting around it here would be next to none.

Have you considered buying a property with an existing house (to live in) while you build your new home on the same lot?

Best of luck, and keep on posting here.

mj

 

[righter101]

We had this issue with a past planning director (In our jurisdiction, planning and building are a merged department). The director denied a few permits for accessory structures prior to house construction. The people went to the council and got a different ruling.

The director is since gone, and we have the following policy in place. Keep in mind though, that it only deals with the building code. Zoning is a whole nother animal.

We are a very beautiful and rural county in western Washington and while we do enforce zoing and building codes, a lot of folks come here to get away from the mainland life. (San Juan County, Washington. 170+ islands, 18,000 people, no bridge or road to get here. No traffic lights on any of the islands.)

I would ask them specifically for the ordinanace they are citing or relying on for this authority. Also, if they won't give you that, you could apply for a dwelling (single family residence) permit and insulate it and show a basic kitchen and call that the dwelling, then when you are ready to build your house, they will tell you you can not have 2 dwellings, so you agree to remove the kitchen. We have folks do that to avoid violating density, but we allow construction of accessory structures first..

There are ways to work within the rules, however, cost may become an issue. Good luck. Thanks for asking questions.

HERE IS OUR POLICY

ISSUE: Are non-habitable structures customarily considered accessory structures to residential dwelling units allowed to be permitted, inspected, or constructed under the provisions of the International Residential Code (IRC) prior to the permitting and construction of the principle structure to which they are accessory to?

ANALYSIS:

Applicable Code Sections:

• Section R101.2 of the International Residential Code (IRC) limits the scope of the IRC to One- and Two-family Dwellings and their accessory structures.

• Section R202 of the IRC defines an “Accessory Structure” as “. . . A structure not greater than 3,000 square feet (279 m2) in floor area, and not over two stories in height, the use of which is customarily accessory to and incidental to that of the dwelling(s) and which is located on the same lot.

• Section R101.3 of the IRC and 101.3 of the International Building Code (IBC) further limits the purpose of the IRC to the establishment of the “minimum” requirements necessary to safeguard the public safety, health and general welfare.

• Section R104.1 of the IRC and Section 104.1 of IBC provide that the building official has the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions; provided that such interpretations, policies and procedures are in conformance with the intent and purpose of the codes and do not waive requirements specifically provided for in the codes.

Discussion:

From Section R101.2 of the IRC and the Definition of Accessory Structure of Section R202 of the IRC it is clear that the primary or principal building legally exists prior to the legal existence of an accessory structure. This would not preclude the concurrent application, permitting, and approval of a principal dwelling unit and its accessory structures, however, this would not allow the final approval of the accessory structures prior to the final approval for occupancy of the primary residence.

However, it is not uncommon for an owner to want to construct non-habitable structures for his/her private and personal use prior to the construction of the primary dwelling. Such non-habitable structures are generally intended for limited private agricultural purposes or for the storage and securing of materials, equipment and/or tools and may be desired to facilitate the future construction of the primary residence or to facilitate the seasonal or recreational use of the property.

If these structures can not be built as accessory structures under the IRC, then they might be built under the provision of the IBC as Group U Occupancies (per Section 312.1) or as Group U–Agricultural Buildings (per Appendix C).

Where the only issue is sequencing of permitting and construction and not increased hazards of use or design, the County might be applying unreasonable and unnecessary requirements if it required these structures to be built under the more restrictive provisions of the IBC. It could also be argued that enforcing the IBC provisions on these structures could be violating the intent of the codes to only apply the “minimum” requirements (per Sections R101.3 of the IRC and 101.3 of the IBC) necessary to safeguard the public safety, health and general welfare.

It might be appropriate to apply the provisions of the IRC on these structures where the following conditions apply and the only issue is sequencing of permitting and construction:

• Such structures comply with the design parameters of IRC Accessory Structures, and

• The intended uses of the structures are similar to those normally anticipated with IRC Accessory Structures, and

• Could be considered an extension of and accessory to a remote or distant primary residential structure.

POLICY: Pursuant to Section R104.1 of the IRC and Section 104.1 of IBC, Non-habitable Structures may be constructed under the provisions of the IRC prior to the construction of the primary residence where the following apply:

1. The Structure could be permitted as a Group U Occupancy under the IBC; and

2. The Structure is clearly intended for private, personal or agricultural use (public use, commercial use, home occupations, or cottage industries are not allowed under this provision), and

3. The Structure is not greater than 3,000 square feet (279 m2) in floor area, and not over two stories in height,

4. The Structure complies with all other San Juan County rules and regulations including, but not limited to, land use regulations and applicable construction code requirements.

This policy does not waive or modify other applicable requirements, such as but not limited to shoreline provisions, which may be more restrictive.

Where special conditions exist, the Director or Deputy Director/Chief Building Official shall be permitted to approve modifications to this policy.

 

[fatboy]

Welcome to the forum aardvark, hopefully we can help in your current project.

As far as Zoning requirements, they vary SO much from jurisdiction to jurisdiction.

After trying to figure out Planners for 14 years, (humph, good luck with that) I could imagine the thinking being they don't want a bunch of properties that only have chicken coops, sheds, shops, etc. without a primary structure to justify them. Just my guess.

Good luck, keep in touch!

 

[brudgers]

You cannot have an accessory structure without something to which it is accessory.

If you want chicken coops, then agricultural land would be an appropriate choice.

If you want to store used building materials, then industrial land with junkyards as an allowable use would be an appropriate choice.

The person to ask for the underlying statute is the person making the interpretation.

And given that it is New Jersey, I suspect that there is a better chance that they have the language to back it up than they might in other parts of the US.

 

[brudgers]

Welcome to the forum aardvark, hopefully we can help in your current project. As far as Zoning requirements, they vary SO much from jurisdiction to jurisdiction. After trying to figure out Planners for 14 years, (humph, good luck with that) I could imagine the thinking being they don't want a bunch of properties that only have chicken coops, sheds, shops, etc. without a primary structure to justify them. Just my guess. Good luck, keep in touch!

You forgot old trailers and construction debris.

 

[gbhammer]

Welcome aardvark, you may want to check with the Building Official about recycled building materials.

R104.9.1 Used materials and equipment. Used materials,

equipment and devices shall not be reused unless approved

by the building official.

 

[righter101]

You cannot have an accessory structure without something to which it is accessory.

Can't it be accessory to a notion or an idea????

 

[Papio Bldg Dept]

Welcome!

Brudgers said nailed it for us.

As for storage of recycled building materials, sometime ECO-friendly architectural salvage lots will rent you a storage area if you are buying/collecting materials through them for your project. It would also be prudent to verify with local AHJ as to typical requirements for allowing recycled building materials.

 

[righter101]

Submit permits for a "U" occupancy strucutre, built under the IRC. Doesn't have to be accessory to anything.

 

[righter101]

Or another idea, submit a single permit for your residence and garage with a common roof or breezeway. They should accept a concurrent submission. You could get the garage done enough to facilitate the house project.

If you pay your annual renewal and don't abandon work, the permit can stay open until you are done.

 

[Keystone]

aarvark, as some have stated, ask for a specific section of the zoning ordinance and zoning ordinances greatly vary from neighboring locations. I assume you obtained the most recent edition of the zoning ordinanace?

If you recieve a half cooked answer or no answer at all then do yourself a favor and apply for a permit, in this case the official would be forced to place it in writing.

You can place an offer on the land contingent upon ?????

 

[cda]

welcome and welcome to the world of Bureaucracy

there are a few PA people on here and maybe they wil be able to help you

as suggested GET THE CODE SECTION in writing that they are denying your request by, also you might want to find a code consultant in your area to advise you, I know it costs money but will save you money in the long wrong

 

[brudgers]

Submit permits for a "U" occupancy strucutre, built under the IRC. Doesn't have to be accessory to anything.

Per the building code, perhaps. Per zoning, much more unlikely.

 

[inspecterbake]

Watch those deed restrictions a neighbor could cause you grief down the road.

 

[righter101]

Per the building code, perhaps. Per zoning, much more unlikely.

Or, you could take the approach we see in our jurisdiction, on occasion....

Put a fence up around your entire wooded lot.

Place a gate with massive sign quoting the 4th ammendment to the US Constution and a sign that says "county employees, keep out". Build what you wish.

 

[Alias]

aardvark,

We have similar zoning restrictions where I work but it is a small city. No accessory buildings without a dwelling.

What I can say is maybe ask the Planning Department if there is a way to apply for a Variance so that you can start your project. Depending on the project, I've seen out Planning Commission grant the okay, usually with a full Site Plan and complete sets of Building Plans. It's worth a shot, even if it is a long one.

Oh, and welcome to the Forum!

 

[Alias]

Or another idea, submit a single permit for your residence and garage with a common roof or breezeway. They should accept a concurrent submission. You could get the garage done enough to facilitate the house project.If you pay your annual renewal and don't abandon work, the permit can stay open until you are done.

righter101 has a great idea. Submit with a 220 sq. ft. efficiency dwelling and a 2000 sq. ft. garage/shop. Occupy, then recycle the existing efficiency into the new larger home.

Just a thought.................

 

[brudgers]

If you pay your annual renewal and don't abandon work, the permit can stay open until you are done.

Some jurisdictions might allow that. Some will not.

And my observation has been that people who try that sort of approach tend to wind up abandoning the project at some point.

If you don't care about getting it built, it's hard to play that game.

 

[mtlogcabin]

Some jurisdictions will only limit accessory structure(s) sq ft as a percentage of the residential structure.

Some may be willing to allow the garage first to be used for storage of construction materials and tools if you have complete plans approved for the SFR and financing in place and a bond to assure construction is complete.

 

[righter101]

Some jurisdictions might allow that. Some will not.

And my observation has been that people who try that sort of approach tend to wind up abandoning the project at some point.

If you don't care about getting it built, it's hard to play that game.

Up here, we have a lot of folks building their vacation home or retirement home and often spend years getting it done. That is what we yokels are used to.

I guess I never gave much thought to cracking down on work that is taking a while.

I must be suffering from a bad case of rural-itis

 

[righter101]

Some jurisdictions will only limit accessory structure(s) sq ft as a percentage of the residential structure.Some may be willing to allow the garage first to be used for storage of construction materials and tools if you have complete plans approved for the SFR and financing in place and a bond to assure construction is complete.

I guess the gist of our replies is to follow up with the AHJ and see what, if anything can be done to work within their zoning laws to achieve your goals.

 

[brudgers]

Up here, we have a lot of folks building their vacation home or retirement home and often spend years getting it done. That is what we yokels are used to. I guess I never gave much thought to cracking down on work that is taking a while. I must be suffering from a bad case of rural-itis

The politics tend to be a bit different when neighbors have to look at a construction site every day out their front window.

 

[Mark K]

On the subject of recycled building material I suggest that the building official is essentially compelled to accept its usage if you can show that it complies with the code requirements for new material. In the case of lumber if the recycled lumber does not have a grade stamp then hire a certified lumber grader to grade the lumber. Once the lumber is graded there is no difference between new lumber and recycled lumber.

I could argue that all lumber is recycled from its original use as part of a tree.