081 - Zoning Fundamentals: Setbacks, Easements, FAR and Variances

Architect Exam Podcast

This episode of the Architect Exam Podcast breaks down fundamental zoning concepts essential for passing the ARE, focusing on setbacks, ease

Key takeaways

Zoning and building codes are separate systems with different departments, review processes, and requirements; compliance with one does not guarantee compliance with the other.
Setbacks define required distances from property lines to building faces, creating buffer zones that limit where construction can occur.

Main topics

Zoning vs. Building Code: Key Differences
Setbacks and Building Lines
Easements (Utility, Drainage, Access)

Notable quotes

"If the zoning doesn't work, there's no point in getting into the details of construction type, egress, or even fire protection."

Conclusion

Understanding zoning fundamentals is critical for architects navigating site development and

Transcript preview

Speaker 1 (0:01) This is the Architect Exam Podcast with architect Michael Resica, the official podcast of the Young Architect Academy. Speaker 2 (0:08) So you own the land, you pay the taxes, you pay your mortgage. It's your name on the deed. But when it comes to what you can actually build on it, the city gets a vote. And they get to tell you how tall, how close to the property line, how much of the lot you can cover, and in some ways, what you're even allowed to use it for. And here's the part that trips up so many people. That's not the building code. That's a completely separate system called zoning. It's different rules. It's a different department. It's a different review process. And confusing the two is probably one of the biggest mistakes a lot of people make. Hey, everyone. Welcome back to the Architect Exam Podcast. My name is Michael Rosica. I'm the founder of Young Architect. Today, we're breaking down zoning from the ground up. We're going to talk setbacks, easements, FAR, lot coverages, variances, the whole damn framework. By the end of this episode, you'll know the difference between every zoning term people get confused about. You're going to know which constraints are public rules and which are private restrictions. And you're going to know what to do when the project doesn't fit inside the box that zoning gives it. And hey, since the Young Architect audience is really healthy, and I bet you're probably at the gym right now, running on the treadmill, don't worry about trying to write all this stuff down. I put together a really handy dandy free two-page summary of all the definitions and everything I'm about to talk about in this podcast. So just go to youngarchitect.com slash zoning when you get back to the office, plug in your email address, and we'll just send it to you in an email and you can download it and hit print. And if you're studying for PA right now, this episode's for you. Zoning is one of those topics where once you lock in the vocabulary, the questions start to feel a hell of a lot more manageable. So if someone in your study group or you know anyone out there in the world who's studying for PA, send them this episode. All right, first things first, let's clear up the confusion that probably causes the most problems. So zoning and building codes are not the same thing. They're not even close. And they're administered by completely different departments over at City Hall. The building code, which is primarily the International Building Code or IBC, building code is about life safety. Is the building safe to occupy? It covers the construction type, the fire protection, the egress, the structural requirements. It's reviewed by the building department. The building code asks, how do you build it safely? Whereas zoning, on the other hand, guys, zoning is about land use and development intensity. Can you build this type of building on a piece of land? How big can it be? How close to the edges? How tall? How much parking is available? Zoning is administered by the planning and zoning department. Zoning is asking the question, what can you build here and how much of it? These are different questions, different authorities, and different appeals processes. But here's the thing that screws everyone up. You can comply with zoning and still fail the building code. Or you can pass every building code requirement, but still violate zoning. They are separate hurdles, and clearing one doesn't mean that you've cleared the other. In architecture practice, zoning comes first. If you've ever spent time at a permitting center, you're going to know this because Often before a plans examiner will even sit down with you to talk about building code, your project has to be signed off by a zoning department. Because Speaker 1 (3:20) if the zoning doesn't work, there's Speaker 2 (3:22) no point in getting into the details of construction type, egress, or even fire protection. Now every piece of land in a jurisdiction falls within a designated zone on an official zoning map. The zone determines what's allowed. If you've never pulled up a zoning map for a project site before diving into design, you're skipping the first step. Here's how to keep this straight. Code says how to build it safe. Zoning says where and how big. Now, PA Objective 2.2 specifically asks you to identify zoning and land use requirements as distinct from building code requirements. That's exactly what we just spoke about. And it's the foundation of everything else we're about to talk about. So zoning controls what you can build and how much. But before we can get into the density and the floor area, we need to talk about the things on your site that control where you can build. Because your lot is not a blank canvas. There are invisible lines all over it, and those lines determine the area you actually get to work within. All right, let's start with setbacks. A setback is the required distance from the property line to the face of the building. It's the buffer zone the city requires between your building and the edges of your lot. Think of it like the picture inside of a picture frame. The picture is your building. The matting around the picture is the setback. You can't just push the picture all the way to the edge of the frame. There has to be space around it. Most zoning codes specify different setbacks for the front, the sides, the rear of the lot, and they're often different dimensions. Your front setback might be 25 feet, the side setbacks might be 10 feet, and the rear setback might be 20 feet. Now, you can't build anything permanent in those zones with limited exceptions, like fences, landscaping, or retaining walls, depending on the jurisdiction. Now, the building line. The building line is the line beyond what you can build. It's established by the setback requirements, and it's typically shown on the plat, which is the recorded legal document for the property. A plat shows property boundaries, setbacks, easements, rights of way, and utility locations all in one drawing. If you haven't looked at the plot for a project site, you're flying blind. Now, what happens if someone builds into the setback or over the property line? That's called an encroachment. And it's not just a code violation. It can mean tearing down the structure or applying for variance after the fact or even facing a lawsuit from your neighbor. Imagine finishing a building and getting a letter from the city that says your porch is two feet into the side setback. That's an encroachment. And we didn't realize it is not a defense. So here's what I want you to remember is that the setback equals a step back from the property line. And if you cross it, it's an encroachment. Now setbacks are about how far your building has to stay from the property line. But there's another set of restrictions that can limit where you can build. And these live inside your property lines. So an easement. An easement is a legal right for someone else to use a portion of your land for a specific purpose. You still own the land. You still pay the taxes.