I’m getting ready to build a covered porch on the front of my house as a DIY project. Do I need a zoning permit?
Regardless of the type of improvement you may want to make to your home (building an addition, adding a deck, installing an awning or constructing a shed), you must always consider whether the new structure will comply with your local zoning requirements or if you need any additional permits.
First, find out whether your jurisdiction has implemented zoning. Cities, towns and villages almost always have a zoning ordinance. Many townships have a zoning resolution, but some do not.
Generally, zoning laws have many requirements. These include how far structures must be set back from the property lines, how various structures maybe used, and what percentage of your lot size a structure may cover. Many homeowners are unaware of the number of requirements, but if you violate any of them, ignorance will not be a defense. If you don’t comply, the consequences can be more severe than a mere fine.
Before adding a porch to the front of your house, you must first find out whether the porch meets the front yard setback requirements. Note that steps may not be included when your municipality determines compliance.
Cities usually require only a building permit, but you must have zoning compliance to receive a building permit. Townships do not issue building permits, but they do require a zoning permit if there is zoning.
What could happen if I don’t comply with the zoning requirements?
Ohio law gives local governments a number of remedies for zoning code violations, many of which are severe. If you didn’t comply with the zoning requirements when you built your front porch, then your local government can assess fines until you do comply with them. Each day of non-compliance is a separate violation with a fine. Your local government can also seek injunctive relief against you. This means that during construction you must stop all activities on structures that are in violation of the zoning code. If you don’t, you will be held in contempt of court. That could mean fines and potential incarceration (in egregious circumstances). Even after the work is completed, the court has the power to order you to remove the part of the porch that violates the zoning. Even if the local government takes no action against you, adjoining property owners have the right to sue you to enforce the zoning requirements.
Homeowners sometimes think it’s easier to ask for forgiveness than permission, but when it comes to zoning, this is not the case. By failing to ensure compliance, you open yourself to the risks and consequences mentioned above.
How can I make sure my project complies with the local zoning code?
The best way to ensure that you will comply with the applicable zoning requirements is to consult with the local zoning official before starting any work. You should consult the building department in a city or the zoning officer in a township. You can also seek legal counsel to confirm that you are in compliance with your local zoning requirements. If your project does not comply with local zoning laws, you may seek additional permits, such as a conditional use permit or a variance, which will allow you to complete the project as an exception to what the zoning code requires.
For example, let’s say the porch you plan to build would be closer to the street than zoning allows. If you want to proceed, you could apply to the board of zoning appeals for a “setback variance.” This would allow you to build the front porch, even though it would not comply with the zoning code’s front yard setback requirements.
It would be wise to seek legal counsel to guide you and advocate for you through the process and to preserve your appeal rights.
This “Law You Can Use” consumer legal information column was provided by the Ohio State Bar Association (OSBA). It was prepared by Sandusky attorney Douglas J. Swearingen of Wickens, Herzer, Panza, Cook & Batista Co. Articles appearing in this column are intended to provide broad, general information about the law. This article is not intended to be legal advice. Before applying this information to a specific legal problem, readers are urged to seek the advice of a licensed attorney.
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