So you want to add on...

[David Sisson]

I'm an architect. And we do a lot of small residential projects - additions and new homes. I wanted to share some of my wisdom, so you can have an easier time when you decide to do a project or not. 

Firstly - there is a lot of opportunity, if you know how to read and understand the local zoning ordinance in the town or city that your project is located in. This book is the bible for what you can and cannot do in the city. I see a lot of owners who assume "the property is mine, I can do whatever I want" - of course, this is incorrect. Some others say "all the neighbors have X, so I should be able to do X too" - this may also be incorrect. 

When analyzing a property, you  first look at the zone that the property is in. The city will have a zoning map, and you can find your property on it. Sometimes this map is online, and sometimes there is a GIS map which will help you even more. If you can't find this, go to the city and get a determination of the zone. 

Once you have your zone (they have different names in all locations, but for example...) "R-2" you can find out what the intent of the zone is. This will sometimes be written as text in the ordinance, and other times there will be a table of Use (or a similar name). This table will list the allowed uses in the zone. You can compare the existing use with the allowed use(s) and see if there's any opportunity. In our example, if the existing use is a 1 family home and the zone is an R-2, it may allow a 2 family home. There may be other uses allowed, and sometimes a use is a "special permit" use. This means that you need to get special permission to do the use. In our example of R-2, maybe the table will allow a 3 family with a special permit. 

You aren't done though. There's another set of regulations that govern the property - the dimensional regulations. This will be a chapter and/or a table that will show the required sizes of things in order to do the use. In our example of the 1 family home on the R-2 lot, it may show that a 1 family requires a 5000 square foot lot, a 2 family requires a 10,000 SF lot and a 3 family would require a 15,000 SF lot. If the existing lot is 7,500 SF, you wouldn't be able to do a 2 family "by right". This table will also list the required setbacks and other requirements. Parking is a big deal - you'll need to provide the required spaces. 

If you are deficient in some area, it's possible that the deficiency will be "grandfathered in". For example, if the required front setback is 25 feet, and the required width of the lot is 50 feet, but the existing home has a setback of 23 feet and the lot is 40 feet wide, these are "existing conditions" that wouldn't be an issue for the city. Any new work you'd want to do would need to meet the new requirements.

So you want to do something that's not allowed - like put the 2 family home on the 7,500 SF lot, when 10,000 SF is required? You'll need a variance. To get a variance, you'll need drawings (a survey, a site plan, and architectural drawings) along with an application (that will probably require calculations) and some application fees. You'll eventually get a meeting date, where you present your project to the board, usually the local Zoning Board of Appeals (might have a different name in your city). If you aren't asking for too much, and are polite, often you'll get your request. 

The reason I bring all of this up is because of the opportunity I see. Lately, one of my clients was able to renovate an attic to another unit, where all the other investors had overlooked the home because the didn't see that there was a possibility for another unit. Another client is building a single family home on an "unbuildable" lot that he picked up cheaply. 

Analyzing the zoning ordinance and getting variances is challenging, but learning the ins and outs of it can help you make money. I'll post more insights later. Different cities have differing amounts of complexity in their ordinances, and different ZBA's will be more or less flexible in granting variances. You'll need to learn the politics of the board and the city too. One tip: getting on the good side of the staff at the ZBA (IE: the secretary and the planners) is a huge help. When these folks support your project, it's more likely that the board will too.