Can the planning department ban a type of siding?

Question

I just ran into an issue with the city planning department for a rehab I'm doing where they are rejecting my plans for the siding because they said what I called out was "cheap and does not fit the character of the neighborhood." (FWIW, the house is not in a high-end or even good neighborhood by any stretch of the imagination.)

Specifically, they are taking issue with the T1-11 plywood siding panels that I'm calling out for use around the sides and back of the house. I'm using a nice shiplap siding on the entire front which they are fine with.

Admittedly, I'm using T1-11 to save cost but this is the first time I've had a planning department reject it based on style. I can't find a city ordinance yet that says they can outright ban it but like all dealings with bureaucrats, you kind of just have to play their game.

Have any of you ran into this issue before? Would it even help to negotiate with the planning department and if so, what's the best approach? Thanks for the guidance.

Jeff B. · Answer

They have all the chips, so go with their recommendations or your life can get miserable!

Thomas S. · Answer

Never fight city hall unless your only other option is bankruptcy. Fighting the system is usually a waste of time, energy and money.

Sean Walton · Answer

Personally I'm not sure why you would switch materials halfway around the building but I sympathize with trying to stay on budget.  I agree you should pick your battles even for ridiculous comments.

You could propose fastening some vertical battens every 8" o.c. or so to accent the plane appearance but it adds more potential paths for water to get in.

David Dachtera · Answer

@David Jiang,

Do you want to do a rehab or "fight city hall"?

Choose your battles.

Josh Cuthbertson · Answer

I guess it is all a matter of perspective, and in my opinion, I couldn't disagree more.

Planners do have a wide range of discretion on zoning issues. But every planner we've ever worked with is a wanna-be architect who thinks they know more about design and urban planning than the actual architects and urban planners. (But that is a two-sided sword I'm sure.) Not saying all planners are bad, but thinking you have no recourse and whatever they say goes isn't an efficient process.

We've worked with planners in 6 states and a myriad of cities. Not once have they even won an argument about their own zoning code. Especially when we hire a lawyer versed in these legalities. They overstep their discretionary power, and putting a stop to it, is more important than just letting them walk all over you.

I've had planners tell me I couldn't build a certain use in a specific zone, and that it was impossible. Project built.

I've had planners tell me they don't like a certain elevation of our building and wanted the owner to add a ton of ridiculous ornamental work on one side of the building that would have cost the owner thousands of dollars. Nope. Made them drop that issue.

We've even had planners go so far as to tell us they don't like our design style and to change all of the exterior details and materials of a proposed building. Got a new planner to review our project instead.

My original post wasn't eluding to taking a certain tone with the department. You may always respectfully ask under what authority they are using to make a determination. Once you know that, you can look into it further if you wanted to push the issue.

Frank Chin · Answer

My wife worked in the city planning department and they have wide discretion on all issues of zoning commercial and residential. I suggest you have a nice talk with them, don't give them "who gave you the authority tone".

They have long memories, and they could get back at you this year, next year, when you sell year. A co-worker of mine started something with these people, they sent inspectors around, found he put an AC unit thru the wall without filing plans, which meant his taxes would have to go up, fines for not filing, and back taxes from the time he put the AC in.

My town was upset my tenant complained about a dead tree, insisted the town take care of it, instead of calling me. So they took the tree down, then came by my place, inspected the sidewalks, and ordered 5 slabs be replaced. So I called and said the slabs looks good. The guy looked up the records, said I see we spent money on your tree, so you have to spend the same amount on your sidewalk. I insisted, "there's nothing wrong with my sidewalk". You know what they said next? OK you could be right, we'll have an inspector come by, I'm sure there's other things wrong besides the sidewalk.

OK, at this point, I got the drift.

Josh Cuthbertson · Answer

Is there a general plan that specifies architectural style? If not, ask them under what authority they are allowed to make such a requirement. If they can't cite it, they can't enforce it.

If they are simply citing something as general and absurd as "neighborhood character" simply take pictures in the neighborhood of homes using the same material.

Can the planning department ban a type of siding?

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