Zoning and Feasibility Studies help determine whether a property and/or building is a suitable candidate for the goals that a client is envisioning. These studies can be especially useful before a property is purchased and can help owners avoid getting saddled with property ill-suited for what they hope to achieve.
Zoning Studies
A zoning study involves a review of your municipality’s zoning requirements and restrictions that apply to your property, using a copy of your property survey (see survey example below). The zoning code, which also can be referred to as the zoning ordinance or the land development ordinance depending on the municipality, is a set of laws adopted by each municipality that dictate the use – such as residential, commercial, industrial – that a particular property can be used for. The permitted uses can be found on the municipality’s zoning map. The zoning code further stipulates the maximum size of a building and how it can be situated on the property. There will be minimum front, side and rear yard setbacks that must be followed and a maximum height that a building can be. And most zoning codes have a maximum percentage of the overall lot square footage that can be covered by the building and by the combination of building and all other impervious surfaces. This is an effort to allow more rainwater to be absorbed into the property and limit runoff which can overwhelm the stormwater system and lead to flooding. To be permitted any deviation from the requirements of the zoning code requires a variance, in which approval must be granted by the municipality’s zoning board of adjustment. This is a lengthy and not inexpensive process with no guarantee of success which we recommend trying to avoid. This is why it is critical to start with a zoning study to determine what is and isn’t permitted on your property before any actual designing is started.
Property Surveys
For any project that involves changes to the exterior footprint of a building or an increase in the building height, a property survey will be required to be submitted to the zoning office as part of the zoning and building permit application. We also use the property survey in our design process to ensure that the designs meet all of the zoning requirements.
We also highly recommend that homeowners have a property survey completed when they purchase a property or if they do not currently have one. A survey will show features and useful details of the property. A survey might show that a neighbor’s fence is actually on your property. We were involved with a project in which a client bought property without having a survey done. When a survey was done as part of the design process, it showed that the property the owner had assumed was rectangular was actually a trapezoid which limited what they had hoped to build on the property.
People sometimes mistakenly believe that their zoning or building department has surveys of each property in the municipality, when in fact they do not. Each municipality has tax maps which show the size and shape of each property but do not show buildings or features such as driveways. It is actually the responsibility of each property owner to hire a licensed surveyor to do a survey. Lending institutions used to require that a survey be done when a property was purchased with a mortgage, but this no longer a requirement. As a result, we find that many owners do not have surveys and must have one completed for their building project. Some municipalities have a 10-year age limit for a survey to be used for a zoning permit.
Zoning Codes vs. Building Codes
The two main set of rules that apply to any project are the zoning codes and the building codes. These often are confused with one another. As described above, the zoning code sets the requirements for the relationship of a building to its property. A zoning code is unique to each municipality and will reflect the character – urban or rural, for example – of the municipality. Because each municipality, be it town, borough, or village, has its own unique zoning requirements, it is a mistake to think what is allowed in one town will be permitted in your town. Each zoning code must be read and it must be determined what parts apply to a specific property. Differences in format, definition of terms, and quality of writing can differ widely from town to borough to village making reading different zoning codes an arduous task.
People sometimes mistakenly think that municipalities have their own building codes in the same manner that they have a unique zoning code. In New Jersey for example, all municipalities use the Uniform Construction Code of New Jersey which is overseen by the State’s Division of Community Affairs. The way building codes are written can lead some requirements to be open to interpretation by different building inspectors, who can also vary in how strict they enforce the building codes during the permit review and during construction. From our experience we would have to say yes, we do know of certain towns that have rightfully earned the reputation as being tough places to build. That is why, as we describe in the section on Construction Drawings below, we spend a great deal of time preparing our Construction drawings to make for a smooth Permit and Construction process. We should add that we have been speaking about New Jersey where we do the majority of our work. There are certain states where each municipality may choose whether or not to adopt their state’s building codes.
Feasibility Studies
A Feasibility Study is done to help determine if an existing structure and property is suited to meet the goals of a project. Examples include examining the existing foundation of a building to see if it can support the additional loads of an addition and determining what would be involved to replace load bearing walls with new beams, columns and footings. A Feasibility Study may include a Zoning Study to, for example, determine the size an addition can be based on zoning restrictions such as yard setbacks and total building lot coverage.