jar546
Forum Coordinator
So there is a homeowner dispute about the use of a detached accessory structure. This is what everyone thought was an R1 zoning use. More on that later
So a business owner built a large pole barn on his residential lot as an accessory structure. It is alleged that the pole barn is used for his business. The neighbor does not want business conducted in the R1 zone and the courts agreed.
Barn burns down.
Owner wants to rebuild barn but denied zoning permit.
Owner starts building anyway. Owner fined, owner loses.
Owner appeals zoning fines in court.
Owner wins because it is discovered that the 3 homes built in the R-1 zone are actually in an "I" zone because of a map mistake dating back to 1966. Homes have been built there over the past 40 years as an R1 zone.
Owner now wants to apply for building permit to build (actually continue building) pole barn.
The questions on the table are:
1) What is the intended use? That will determine IBC or IRC.......or does zoning matter at all with building codes????
2) We know the structure requires engineering as it is not prescriptive in the IRC (if the IRC applies) but would the rest of it require an RDP if not IBC and only declared an accessory structure? probably not.
3) If it is under the IBC from top to bottom, it cannot be a U since it will "probably" be used for storage. Now we are talking bathrooms, BUT, the house can provide bathrooms but they are not ADA...........Hmmm
4) What would you do?
So a business owner built a large pole barn on his residential lot as an accessory structure. It is alleged that the pole barn is used for his business. The neighbor does not want business conducted in the R1 zone and the courts agreed.
Barn burns down.
Owner wants to rebuild barn but denied zoning permit.
Owner starts building anyway. Owner fined, owner loses.
Owner appeals zoning fines in court.
Owner wins because it is discovered that the 3 homes built in the R-1 zone are actually in an "I" zone because of a map mistake dating back to 1966. Homes have been built there over the past 40 years as an R1 zone.
Owner now wants to apply for building permit to build (actually continue building) pole barn.
The questions on the table are:
1) What is the intended use? That will determine IBC or IRC.......or does zoning matter at all with building codes????
2) We know the structure requires engineering as it is not prescriptive in the IRC (if the IRC applies) but would the rest of it require an RDP if not IBC and only declared an accessory structure? probably not.
3) If it is under the IBC from top to bottom, it cannot be a U since it will "probably" be used for storage. Now we are talking bathrooms, BUT, the house can provide bathrooms but they are not ADA...........Hmmm
4) What would you do?