I have this peice of property in my jurisdiction that is zoned C-2. The land owner wants to make it an outdoor event area. There is not structures on the property. He's put up a 6' wire fence.
He wants to build a stage like a wood deck type stage or flat area as the property is a little sloped. He only wants it a foot high or so.
I can't find any use in our zoning that would come close to fitting his situation in any zone Class.
The retired building official denied them a permit to build that deck because it's not attached to a structure. I can't find anywhere where it says it has to be attached to a structure. And also mention he would need to have facilities on the property. But has a business 2 lots up that they can access.
And suggestions on where to find if he really can do this or can't.
It would Benifit the city and will be a great addition to the city. The owner of the land is a business owner of a restaurant that is 2 lots up but he doesn't own the lot in he middle.
I agree with what others have said. Lets teach you a couple things. You may often hear colloqially spoken "codes" as an umbrella for all things from zoning/land use regulations to building codes. Codes is shorthand for administrative code or code of regulations and this applies to building codes and zoning laws. However, you should be careful in assuming one is the other. Each city and county/parish adopts their own local laws. In which case, every city has their own adopted zoning. When it comes to building codes, this gets a bit trickier. In some states, this is adopted statewide. For example, Oregon has a state wide adopted building codes. Cities & Counties/Parishes within a state will administer the enforcement of the building codes. However, this isn't always the case. In some places, you file to the state office or a regional office for the state department/agency in charge. However, zoning laws are separate regulations.
Lets stake a moment to understand what is building codes and what is zoning code or zoning laws. This is my brief, cursory take on it. There are many facets I can not elaborate on it all. Others can perhaps be more eloquent than I.
Zoning laws is about defining what a person may do on a particular piece of land and what kind of buildings and uses are permitted. Henceforth, they are LAND USE laws. Zoning laws also will defined things like how tall can a building or structure be without requiring a variance. They may defined buildable areas, setbacks and other such requirements. Think of it as land-use and development planning regulations. This is so a neighbor building on an adjacent vacant lot that is in a residential zoned property just can't build a skyscraper that is out of place. This is founded on the principle that what a person does on ones own property has a social impact that affects others.
Building Codes is less about use of a land or property but about defining use/occupancy of a building or spaces within a building, structural requirements, load requirements, etc. It is focused on how a building is to be built, defining occupant load, means of egress, number of exits, life, health, safety and sanitation standards of buildings and to some extent other structures.
Yes, there is an inter-play of zoning codes/laws and building codes. Sometimes when designing a building or structure, you are identifying a land use intent. Therefore, both departments (building departments with the building code official/inspectors/plan reviewers & the zoning department with the zoning regulations official for the city/county) works together. In my personal experience, Counties tends to call it land-use regulations and cities call it zoning laws. For the most party, its the same thing. Buildings codes are however different. Where I am, whenever you are proposing work requiring a permit, it is always checked with the zoning. Both departments works together. They are separate but they work together.
This is because often whatever is being proposed requiring a building permit will often have some requirements reflecting the zoning laws.
Both regulations recognizes we live in a world with other people and what we do is a social act. Land Use and Designing/Constructing buildings is a social act. We impact each other. It is ultimately for the purpose of people living and co-existing with each other. it isn't about neighbors controlling what their neighbors do. It is a balance between individual property owner's rights and rights of a community. It isn't one or the other. It is a balancing of both.
As for the retired building official, does he have any legal authority anymore? I don't know. The building official and zoning officials are often separate individuals but it isn't uncommon for the same person serving both roles and essentially have one department. Especially in a very small community.
None of us can really help you answer zoning from building codes. However, it should be recognized that zoning and building codes are separate regulations.
I'm based in Astoria, Oregon.
Without knowing the exact location and the regulations applicable to the area, we can't help much because it would be guessing. In addition, many of us are in different locations with different regulations in effect. What applies where I am doesn't necessarily apply to where you are unless we happen to be in the same town.
From my understanding, C-2 probably refers to a commercial zone. There are common conventions of letters like C referring to Commercial and R referring to residential and so forth. There is some loose standardization.
Another thing that is also important to understand is zoning classification (in the zoning laws) and occupancy classification (in the building codes) are two distinct classifications serving different purposes for two distinct separate regulations. This forum is about building codes but occasionally we can address zoning but remember, you are asking questions on a forum by people all over the place and not just your city/town.
