Zoning Facts: Part 3

Zoning regulations regarding disturbances of more than 500 square feet vary by location and typically relate to land development, environmental impact, and construction permits. Here are some general zoning facts that may apply:

  • Land Disturbance Permits – Many municipalities require a permit for land disturbances exceeding 500 sq. ft. to regulate soil erosion, sediment control, and stormwater runoff.

  • Environmental Impact – If the disturbance affects wetlands, floodplains, or protected areas, additional approvals may be needed from local or state environmental agencies.

  • Grading and Excavation Rules – Some zoning codes mandate engineering plans or stormwater management solutions for disturbances over 500 sq. ft. to prevent erosion or drainage issues.

​

A variance is typically required when a proposed project does not conform to zoning regulations, such as setback and impervious coverage limits. Here are the key facts:

Setback Variance

  • Setbacks are the minimum distances a structure must be from property lines, streets, or adjacent buildings.A variance is required if a new construction, addition, or renovation encroaches into the required setback area.

  • Justification for a setback variance often includes hardship.

  • Approval typically involves a review by the zoning board or planning commission, with possible input from neighbors.

Impervious Coverage Variance

  • Impervious coverage includes surfaces that do not allow water infiltration, such as driveways, patios, and rooftops.

  • Zoning codes set a maximum impervious surface percentage to manage stormwater runoff and prevent flooding.

  • A variance is required if the project exceeds the allowed impervious coverage limit.

​

Demolishing a house down to the foundation involves various zoning, permitting, and regulatory considerations. Here are some key facts to keep in mind:

Permits & Approvals

  • Most municipalities require a demolition permit before tearing down a house.

  • Some areas require historical preservation approval if the house is old or in a designated district.

Zoning Laws & Rebuilding

  • If you leave the foundation intact, it may allow you to rebuild under previous zoning regulations.

  • Removing the foundation could require compliance with new zoning codes, which may have different setback requirements, height restrictions, or land-use changes.

  • Some jurisdictions consider a house demolished if over 50% of the structure is removed, potentially affecting rebuild rights.

Sloan SpringerComment