Increasing Volume Within Setbacks

[PattonsPats]

So I have been running up against this from a few different sources but cannot find this in any of the building codes of the town. My sources are: the town building inspector, a lawyer I contacted that admitted he had a conflict of interest because he used to represent the town, and a few other people.

So the problem:

I am told I will need a setback variance if I wish to add dormers to the structure because it is placing more volume within the setback. My house is existing non-conforming and therefore half of my house is within the setback on my wonderful .18 acre.

The town does have volume restrictions to avoid McMansions but this refers to square footage and how many floors vs. your lot size.

Question:
Can the ZBA, a court, apply a law that does not exist? And has anyone heard of setback laws being applied this way?

 

[cda]

Ask the city for the sections they are citing

So you can review them

And post them here if you want.

There was a similar question, somewhat close will look for it and post

 

[cda]

Sounds like you have a setback question and are trying to build in the required set back ????

 

[JCraver]

This is not a building code issue (other than possibly in relation to exterior walls and property lines but doesn't sound like it), but is driven by the zoning code. You'll have to look there for your answers.

If it's "existing, non-conforming", that means the structure as it is can remain as it is. If you alter it you lose your non-conforming status and have to abide by the current rules. So if the current code prohibits what you're looking to do because of volume restrictions then yes, if you want to add the dormers, you'll need to apply for a variance and go through the process.

The code in my little town is very strict on non-conforming structures. All you're allowed to do is maintenance - it doesn't permit any changes/alterations/additions/accessory structures/etc. Every zoning ordinance is different though, so check out the language in your code and it should tell you what you can/can't do.

 

[mtlogcabin]

Our zoning setbacks have been interpreted to include the air space from the ground up. Therefore if your dormers will be within the required setback they would not be permitted because you would be expanding the already "grandfathered' non-conforming use.

 

[north star]

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PattonsPats,

Welcome to The Building Codes Forum !

I believe that **JCraver** has it correct !....If you want to add
more square footage to your existing "non-conforming use", then
you will [ most likely ] need to apply for a variance.

Have you discussed a "possible" variance with the local BO ?
"IF" you do decide to file for a variance, in some jurisdictions
you can attend the local Council Meeting to request an informal
poll from the council members.........That way you will at least
know whether or not to spend the money & effort to apply.

Just sayin'...

+ = + = +

 

[ADAguy]

Your home is no longer your castle (smiling) unless in Texas