Almost two years ago, Joan Stone decided to add on to the home she and her late husband built in La Grange 27 years ago. “My daughter and her family were thinking of moving in. So I wanted to expand the second floor–make a room next to the master bedroom to use as a workout room or sitting room. And I also wanted to add a third floor, some kind of master suite with a bath and maybe a study or an office,” Stone says.
Stone had an architect draw up plans, only to discover local zoning ordinances limited how much she could expand. “The architect found out he could only add up to one-third of the existing space,” Stone explains. The existing space couldn’t include the basement. Height restrictions also prohibited Stone from adding a third floor. “I actually didn’t know the codes,” she admits. “I knew La Grange wasn’t allowing a lot of tear-downs, and that they were being really careful [about renovations]. But I thought that since our home is in a newer area, it would be OK.”
Ultimately, Stone opted against adding on, and her daughter bought a home in Oak Park. But the lesson to be learned from Stone’s experience is clear: Know about local zoning ordinances, as well as about building codes and easements, before embarking on any home improvement project.
“By the time you submit an application for a [building] permit, you should be well on your way to building properly,” says Vernon Gerth, building commissioner for the Village of Vernon Hills Building Department.
lage of Vernon Hills Building Department.
Zoning and building codes
Checking your home’s zoning classification is the first step you should take, according to Jonathan Fine, principal of Chicago-based Jonathan Fine & Associates Architects, a company that does work in the city and suburbs. “Every parcel of land is zoned in a way that tells the parameters of that particular lot. The zoning designation tells you what you’re allowed to do.”
You should also be familiar with local building codes, Fine stresses. “You absolutely need to know both. Zoning ordinances dictate land use, and building codes dictate things like electricity, plumbing and construction,” he says.
“If you just want to remodel within existing walls, there’s no problem. You usually don’t have to worry about zoning, just about building codes,” says Phil Ritchey, zoning officer for the Village of Oak Park. A building code, for example, might specify how thick drywall should be, he notes.
Since zoning and building codes change frequently in the city and suburbs, it’s important to check them whenever you begin a new renovation, even if you’ve done so on a previous project, Fine notes. “It can be sort of a paper chase to keep abreast of the changes,” he says. “But it’s always, always, always the homeowner’s and the architect’s obligation to determine what is legal to do.”
Though specifics of zoning ordinances vary from city to city, they regulate three main things:
– Setback. This is the distance between the property structure and the property line. “You have to maintain open space in the front, rear and sides of your property,” Gerth explains. Setbacks, for example, help keep areas clear for drainage.
– Height. There are restrictions on how tall a building can be. Homes in strictly residential areas, for example, usually can’t exceed 35 to 40 feet, measured along the slope of the roof, Gerth notes.
– Percent of lot coverage. Also known as floor area ratio, this is the coverage of area on a property, Gerth explains. “There are limits on the amount of impervious surface placed on a property that could contribute to things like additional storm water flow,” he says. And it doesn’t apply only to additions or new buildings. “Zoning regulates the percent of area that property improvements like driveways, buildings, patios and swimming pools can cover on your property,” Gerth adds.
Ignoring zoning ordinances and building codes can have serious consequences for homeowners and workers alike. “You’ll definitely have to pay a fine,” Fine says. Those fines generally range from $500 to $1,000 per day per violation, according to Gerth.
You’re also likely to find a “stop work” order posted on your door, and will have to pay a visit to housing court or to your local building inspector, Fine notes. “I’ve seen extreme cases where professional builders who ignore stop-work orders habitually are hauled off to jail.”
Easements
Easements, someone else’s legal rights to use part of your property, also should be considered before embarking on home improvement projects, experts note.
Commonwealth Edison and other utility companies, for example, have easements because they need to get into certain areas. “Usually, if easements are properly designed, they’re not where you would want to build anyway, at the very back of or at the foot of your property. Usually they’ll establish [an easement] 5 feet across an entire line of a subdivision where ComEd, cable television and water lines will be grouped together,” Fine says. But you should know where easements exist to prevent hitting, say, an underground water pipe during construction.
“It’s important to note that utilities have the right to enter easements to maintain the utilities,” Gerth says. “That’s why it’s important not to place anything in an easement. They might not put back what they have to disturb.”
Neighbors, too, can have easements on your property. “You might have one house behind another house. The house in back might need a 10-foot easement to build a driveway to their house, but the person in the front house still owns the property,” Fine explains.
Undoubtedly, local codes, homeowners association rules and regulations and easements can make it tough to undertake a home improvement project. But there are good reasons they exist, the experts note. “I want to emphasize that while a lot of restrictions are imposed on property owners, they do a great job of improving and enhancing the aesthetic value of a neighborhood. And they help maintain property values, too,” Gerth says.
Variances
Homeowners who think a zoning or building code affects them unfairly can apply for variances, Ritchey and Gerth note. “But there are rather stringent standards, ” Ritchey stresses. You might, for example, be granted a variance if your property has an unusual hardship that affects your property value, a problem the variance could alleviate, he explains. “But it can’t be something that will merely serve as a convenience to the applicant,” Ritchey says.
“Variances are governed by state law and should only be granted under unusual or exceptional circumstances,” Gerth echoes. A building commissioner might grant a variance, for example, to a homeowner who wants to build an addition on a pie-shaped lot. “The rear-yard setback might need to be 30 feet, but part of the addition would encroach on it. That would be an exceptional circumstance due to the shape of the lot,” Gerth says. However, a variance would not be granted to someone who wanted to build a garage that would encroach into the side yard setback just to make room for extra cars, he notes.
If you’re planning a home improvement project and want to be up on the latest zoning and building codes in your area, contact your local building department. For Chicago zoning information, check the Chicago Zoning Ordinance, which is available at local libraries. And anyone who lives in an area with a homeowners association should work closely with the association on any home renovation project. “Things like decks, sheds, additions are commonly regulated by the association’s restrictive covenants. And keep in mind that common subdivision covenants parallel and are often more restrictive than local [city or village] codes,” Gerth cautions.
Homeowners also should have a plat of survey for any exterior improvement they undertake. “It’s a very useful tool. Every homeowner should have multiple copies,” Gerth advises.
Ultimately, zoning regulations, building codes and even easements are designed to protect you and your property values. “We’re finding that people like to live in regulated neighborhoods,” Gerth concludes. “When it comes to a home and neighborhood, people want to make sure they maintain the integrity. They know before they move into it that it’s the biggest investment of their lifetime.”
