# What to do..........interesting situation



## jar546 (Apr 25, 2013)

So there is a homeowner dispute about the use of a detached accessory structure.  This is what everyone thought was an R1 zoning use.  More on that later

So a business owner built a large pole barn on his residential lot as an accessory structure.  It is alleged that the pole barn is used for his business.  The neighbor does not want business conducted in the R1 zone and the courts agreed.

Barn burns down.

Owner wants to rebuild barn but denied zoning permit.

Owner starts building anyway.  Owner fined, owner loses.

Owner appeals zoning fines in court.

Owner wins because it is discovered that the 3 homes built in the R-1 zone are actually in an "I" zone because of a map mistake dating back to 1966.  Homes have been built there over the past 40 years as an R1 zone.

Owner now wants to apply for building permit to build (actually continue building) pole barn.

The questions on the table are:

1) What is the intended use?  That will determine IBC or IRC.......or does zoning matter at all with building codes????

2) We know the structure requires engineering as it is not prescriptive in the IRC (if the IRC applies) but would the rest of it require an RDP if not IBC and only declared an accessory structure?  probably not.

3) If it is under the IBC from top to bottom, it cannot be a U since it will "probably" be used for storage.  Now we are talking bathrooms, BUT, the house can provide bathrooms but they are not ADA...........Hmmm

4) What would you do?


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## globe trekker (Apr 25, 2013)

IMO, I would first verify what the actual Zoning is of the property, just to be

absolutely certain!

*2nd*, find out what can the Zoned property can be used for.

*3rd*, have the "property owner in question" provide something in writing stating

their initial, long term intentions of the pole barn.

*4th*, whatever the stated use will be, then apply the applicable codes, ..fully!

*5th*, IMO, yes, property Zoning do matter! Provide what "the actuals" are

first. Any appeals or variances can be addressed later!

*6th*, are there any Home Owners Association requirements?

Essentially, start with what are the actual AHJ requirements in-place. Then go

from there!

.


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## jj1289 (Apr 25, 2013)

The applicant needs to identify the intended use and that will determine if it will be reviewed under the IBC or IRC.  Zoning has nothing to do with the building code.

If you determine that it will be used for business purposes you will have to look at the business itself.  Is he using the barn to store his tools or supplies.  This would be no different than a contractor having a home office, would you require them to have an accessible bathroom?


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## jar546 (Apr 25, 2013)

jj1289 said:
			
		

> The applicant needs to identify the intended use and that will determine if it will be reviewed under the IBC or IRC.  Zoning has nothing to do with the building code.If you determine that it will be used for business purposes you will have to look at the business itself.  Is he using the barn to store his tools or supplies.  This would be no different than a contractor having a home office, would you require them to have an accessible bathroom?


The question is under the 2009 I-Codes (2012 IBC Chapter 12 only) and the 2009 ANSI A117.1 applies are there any exceptions to providing bathroom facilities when it is an S use group as probably expected?


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## mark handler (Apr 25, 2013)

A contractor having a home office, would NOT require accessible restroom, if clients or employees do not go to the home.

If the zoning allows it, your city or town, if they are willing to be sued, can pass a temporary emergency ordinance and get an injunction with the court to stop the building. But they will be sued.


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## jar546 (Apr 25, 2013)

It is expected that employees will be there daily to put away and pick up materials and deliveries will be accepted.  OK, it is assumed at this point from a common sense standpoint.


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## globe trekker (Apr 25, 2013)

Employees will need an ADA compliant restroom to (potentially) use, and how many

employees will drive the plbg. fixture(s) count. Will there be any type of office space

associated with the "S" occ. group?

.


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## cda (Apr 25, 2013)

If his house is on the property and he does not declare the building for a business use, then seems like it is someone's hobby shop or garage or whatever he declares it to be

Until it is built and city proves otherwise


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## mark handler (Apr 25, 2013)

You only need accessible restroom within 500 ft if you allow customers and employees on  site


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