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Planning Permission and Building Regs - vocabulary help, please!

Planning Permission and Building Regs - vocabulary help, please!

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Old Jan 3rd 2013, 10:05 pm
  #16  
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Default Re: Planning Permission and Building Regs - vocabulary help, please!

Following up on my previous post...I thought it might be (?) helpful for you to be able to take a look at the following...altho it specifically relates to Los Angeles - you may very well encounter regulations in Arizona which are not too dissimilar. And it will at least familiarize you with relevant terminology.
BTW: There was no way to just link to the info; Hope I'm not violating forum rules by copying and pasting directly from the PDF. If I have - my apologies - and Moderators- please delete! (Since it's legal stuff from a govt. source - I assumed there's no copyrighted violation, etc

"Variance
In Los Angeles, if a use is neither permitted by right nor by CUP(Conditional Use Permit), an applicant must seek a variance from the Planning Department. Los Angeles is different from other large California cities in terms of entitlements because it uses the variance process more than the conditional use process for granting uses not allowed by right.............
A variance allows a property owner to use his or her property in a manner that is basically consistent with zoning regulations with minor variations so that he or she has “an equity with other owners in the same zone.”
State law indicates that a variance may be issued upon a showing that the property owner would otherwise suffer a unique hardship because his particular parcel is different from the others to which the regulation applies due to its size, shape, topography, location or surroundings. Examples of typical variances include allowing a deviation from regulations on the physical standards such as lot size, floor area ratios of buildings and parking requirements. A variance cannot, however, be granted to authorize a use that is not otherwise allowed under the zoning code.
Under the Code, the Zoning Administrator, as the initial decision-maker, must make the following five findings for granting a variance:
1. strict application of the provisions of the Code would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of the zoning regulations;
2. there are special circumstances applicable to the subject property such as size, shape, topography, location or surroundings that do not apply generally to other property in the same zone and vicinity;
3. the variance is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property in the same zone and vicinity but which, because of such special circumstances and practical difficulties or unnecessary hardships, is denied to the property in question;
4. granting of a variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the same zone or vicinity in which the property is located; and
5. granting of the variance will not adversely affect any element of the General Plan."

Whew....well there you go....since you may want to build on to or "extend" your property - you MAY (?) be required to apply for a "Variance"...but ....maybe not. It would depend on the Zoning regulations governing your location.

Last edited by MMcD; Jan 3rd 2013 at 10:12 pm. Reason: added quotation marks
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Old Jan 4th 2013, 4:45 am
  #17  
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Default Re: Planning Permission and Building Regs - vocabulary help, please!

Originally Posted by kodokan
...

search '<city> building permits' should pull up your local municipality's building department. If the property is in unincorporated area (ie not within city limits) typically a county building department is the one to talk to. A trip to their office is where you should be able to obtain all relevant info needed for your project and a city planner or equivalent should be on hand to be able to answer your questions. - Don't rely on (fellow) Realtors to tell you what is or isn't allowed... they'll point you to the necessary resource to get it from the horse's mouth.

Every (local) area have their own requirements to be met prior to you either breaking ground or swinging a sledge hammer.

"are there rules to stop us extending" .... Planning office say what is permissible and Building Codes determine conformity. Keep in mind, if the property is on a septic system, there can be 'restrictions' merely because of the size of the existing septic system... typically if you are going to be adding bedrooms etc, then chances are you'll have to update/install bigger system to cater for the increase of the household... probably find that its based on bedroom count.

Existing permits... always do research into permit history of a property; not only could it affect your insurance but you want to ensure the property is legit etc and address non permitted work. Besides, it could come back and 'haunt' you if you sell....

If its been an abandoned property... double check if tap and sewer fees have to be paid again. That is becoming more common, eg around here if a property has been declared abandoned for around 3 years (??), then tap fees have to be paid, again. Revenue generator. Regardless, double check as part of due diligence.

Always double check that the lot has been broken up correctly... just because you see 2 houses each on 5 acres doesn't mean the original 10 acres was broken up correctly. (it easily can be a 6-figure correction)

Survey - make sure that there isn't anything adversely affecting the boundaries and lot which could affect a) the property as a whole b) the ability of building etc. - ie, is there anything which needs to be addressed, resolved, factored in before closing and before renovating/building begins. (I had a transaction where it was found that the well wasn't even on the property's land - it was 5 feet outside in someone's else land- Ooops.).

Contractor qualification and certification - Around here, Lead based paint certification is the hot topic today. If its a pre '78 property and you're thinking of mucking around with it; check into the requirements about the handling of lead based paint etc. Fines are hefty. Asbestos too; which, imo is going to be the next in the sights to be overseen... again.

Keep on top of changing codes and stuff on the books and in current discussions... the next thing being discussed locally is mandating high efficiency furnaces upon repair of (your) current furnace.

This isn't to scare you, just more things to think about which often are overlooked or never occurred to people .... and there often is more!!
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Old Jan 4th 2013, 8:57 pm
  #18  
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Default Re: Planning Permission and Building Regs - vocabulary help, please!

As a member of our local planning commission, I would suggest that you contact your building inspector. He/she should be able to give you good advice, particularly regarding setbacks and easements, as others have mentioned. Unless you would require a variance, or remotely, a use on review, you may not have to go before the planning commission. One other point, you may want to find out if your municipality uses the IBC, as more and more are. IBC = International Building Code. Good luck with your plans.
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Old Jan 6th 2013, 9:52 am
  #19  
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Default Re: Planning Permission and Building Regs - vocabulary help, please!

Just phone your local planning department. A planner will be able to tell you what the requirements are from the zoning code. It depends on what 'zone' you live in as to what the set back requirements are. In neighbourhoods with big lots, for instance, the set back requirements could mean that any extension shouldn't be closer to the property line than, say 20 feet. But, seriously, a quick chat with your local planner should give you the answers you need. I used to work as a planner in the US, and I used to get calls like this all the time.
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Old Jan 6th 2013, 6:54 pm
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Default Re: Planning Permission and Building Regs - vocabulary help, please!

Thanks for the info, everyone. I've now got a ton of useful terms to search under.

This is all very hypothetical at the moment. What triggered it was looking online at a house for sale, which had a dark, gloomy living room with just a couple of small windows on the narrow end of the rectangle. What it needed was two sets of French doors putting in the long side of the rectangle, opening up onto the pool/patio area; it would've utterly transformed the room. I know structurally this probably isn't a major job, but wondered what hoops would need to be jumped through for this and similar changes - it sounds like if I bear in mind the usual UK rules of the proposed changes not being out of keeping for the area or bothering the immediate neighbors, I'll be along the right lines.
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Old Jan 6th 2013, 7:02 pm
  #21  
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Default Re: Planning Permission and Building Regs - vocabulary help, please!

I see you're in Arizona, which is where I used to work!
Unless you're in a conservation area of so me description, you don't have to worry about external alterations being in keeping, unless you're living in a development governed by HOA rules. But putting in French windows shouldn't be a problem. I think, in that case, it's more a matter for the Building Official.
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Old Jan 6th 2013, 7:12 pm
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Default Re: Planning Permission and Building Regs - vocabulary help, please!

Nowhere near any of Phoenix's extremely tiny historic areas (in which the houses are still only 70-80 years old ) and avoiding HOAs as hubby has an old car fetish, and we don't want to bother people who might be upset by seeing a driveway with a bit of oil or some spanners on it.

Do you know if putting up a garage/workshop is generally a big deal, assuming common sense things like distance from the boundary line, sufficiently large enough plot (we're looking upwards of half an acre, in the slightly greener, more established, rural districts), and keeping the roofline below a certain height?

I'm just trying to get a feel for all this, to cover off the 'this one would be great if we moved the doors/ this one would be great if only it had a bigger or separate garage' situations. The 10 day inspection period seems a bit short to start from scratch, so I'm trying to get some of the thinking/ pre-searching done up front, so I know what questions to ask, and of whom.
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Old Jan 6th 2013, 7:15 pm
  #23  
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Default Re: Planning Permission and Building Regs - vocabulary help, please!

Originally Posted by kodokan
Thanks for the info, everyone. I've now got a ton of useful terms to search under.

This is all very hypothetical at the moment. What triggered it was looking online at a house for sale, which had a dark, gloomy living room with just a couple of small windows on the narrow end of the rectangle. What it needed was two sets of French doors putting in the long side of the rectangle, opening up onto the pool/patio area; it would've utterly transformed the room. I know structurally this probably isn't a major job, but wondered what hoops would need to be jumped through for this and similar changes - it sounds like if I bear in mind the usual UK rules of the proposed changes not being out of keeping for the area or bothering the immediate neighbors, I'll be along the right lines.
IMO unless there is some major reason (can't afford the home you currently desire and plan to save money to upgrade later, the price is a real bargain, or everything is perfect about the home except one thing) to purchase a home that doesn't currently have the major features that you desire, I wouldn't purchase it since the costs of upgrades will likely far exceed what you would pay for a similar home with those upgrades.
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Old Jan 6th 2013, 7:21 pm
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Default Re: Planning Permission and Building Regs - vocabulary help, please!

Well, the major reason would be that we're currently renting in a very established, popular neighborhood that doesn't have much that comes up for sale. We need to stay here for the kids' schools, so might have to be more creative when it comes to house buying. Position/ location of the house will be most important; we don't mind having to make minor adjustments, and wouldn't be doing it with a view to making a profit but to make the house just how we want it.
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Old Jan 6th 2013, 9:28 pm
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Default Re: Planning Permission and Building Regs - vocabulary help, please!

Originally Posted by kodokan
Well, the major reason would be that we're currently renting in a very established, popular neighborhood that doesn't have much that comes up for sale. We need to stay here for the kids' schools, so might have to be more creative when it comes to house buying. Position/ location of the house will be most important; we don't mind having to make minor adjustments, and wouldn't be doing it with a view to making a profit but to make the house just how we want it.
That could be another reason if there isn't any homes in the desired area that are priced fairly that fits your desires.
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Old Jan 6th 2013, 11:15 pm
  #26  
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Default Re: Planning Permission and Building Regs - vocabulary help, please!

Originally Posted by kodokan
Nowhere near any of Phoenix's extremely tiny historic areas (in which the houses are still only 70-80 years old ) and avoiding HOAs as hubby has an old car fetish, and we don't want to bother people who might be upset by seeing a driveway with a bit of oil or some spanners on it.

Do you know if putting up a garage/workshop is generally a big deal, assuming common sense things like distance from the boundary line, sufficiently large enough plot (we're looking upwards of half an acre, in the slightly greener, more established, rural districts), and keeping the roofline below a certain height?
Person with the biggest gun usually wins in New River, although I doubt they have any regulations whatsoever.
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Old Jan 15th 2013, 6:56 pm
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Default Re: Planning Permission and Building Regs - vocabulary help, please!

Just to follow up... a house came on the market last week in exactly the area we were looking, in exactly our price range, with the perfect layout for accommodating our soon-to-be-teen kids... so we are buying it! We're due to complete on 15th Feb.

It IS in a HOA after all - we're in an area where it's quite hard to avoid - but it's apparently a fairly reasonable one; the property manager is very friendly and assures me that main thing is to keep the front yard tidy, and the house painted the 'right' colour (which I couldn't care less about), but otherwise they hardly ever send out violation letters. And others there have put up RV garages, workshops, extensions, etc, so that gives us a nice precedent to point at. I'm sure it'll be fine should we ever want to add something.

Thanks for all the advice.
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Old Jan 15th 2013, 10:28 pm
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Default Re: Planning Permission and Building Regs - vocabulary help, please!

Originally Posted by kodokan
Just to follow up... a house came on the market last week in exactly the area we were looking, in exactly our price range, with the perfect layout for accommodating our soon-to-be-teen kids... so we are buying it! We're due to complete on 15th Feb.
WOW! Dizzying speed....that's got to set some sort of record..phenomenal!
but more important: congratulations and best of luck going forward
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Old Jan 16th 2013, 12:53 am
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Default Re: Planning Permission and Building Regs - vocabulary help, please!

Originally Posted by MMcD
WOW! Dizzying speed....that's got to set some sort of record..phenomenal!
I know! We saw it Friday late afternoon, put our offer in that evening, and had it all contracted by 5pm Saturday. And, whilst twiddling our thumbs waiting for them to approve our offer, we idly checked the immigration site, and discovered we'd had our GCs approved! It was one heck of a half hour, Saturday 4.30-5pm!
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Old Jan 16th 2013, 12:54 am
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Default Re: Planning Permission and Building Regs - vocabulary help, please!

Originally Posted by kodokan
I know! We saw it Friday late afternoon, put our offer in that evening, and had it all contracted by 5pm Saturday. And, whilst twiddling our thumbs waiting for them to approve our offer, we idly checked the immigration site, and discovered we'd had our GCs approved! It was one heck of a half hour, Saturday 4.30-5pm!
You missed the bottom of the Phoenix market by 12-18 months. But still a good time to buy with interest rates so low.
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