What Makes a Structure a Single Family Dwelling?
Q & A
Q: We just purchased a piece of land in town and want to build a house. Do we need to get a permit?
A: Yes, building permits are required for all new structures, house or otherwise.
Q: Okay that’s fine, can we get one right now? How much do they cost?
A: After the Code Office receives the plans and a survey showing where the house will be on the property, we can determine the cost based on the size, or square footage, of the house.
Q: Why do you need a set of plans? Can’t we just pay for a permit and build what we want to?
A: New York State law and local law both require plans and specifications showing compliance to the Residential Code and Energy Code of New York.
Q: We do not have plans, but we do have a picture of what we want. Is this enough?
A: This photo shows a tent! This is not a house!
Q: That’s what we want for our house. We want to keep it simple and cost effective. It is a really strong tent and has a framed platform under it to keep it off the ground. What’s wrong with this?
A: The NYS Code will not acknowledge that a tent qualifies as, or is the same thing as a single family dwelling. At the same time, the NYS Code will not say that you cannot have a tent to live in.
Q: This is what we want for our house. So what is the problem?
A: Our local law, the Town’s Zoning Ordinance, requires that a principal structure must be on the property before an accessory structure can be built. By local definition, the tent would be an accessory structure, not a single family dwelling.
Q: What is the town’s definition of a single family dwelling?
A: DWELLING, ONE-FAMILY: A detached building used for year-round or seasonal occupancy by one (1) family only, other than a mobile home, recreational living unit, or any temporary structure. DWELLING OR DWELLING UNIT: A building or portion thereof providing complete housekeeping facilities for one (1) family, including living, sleeping, cooking and sanitary facilities, as distinguished from rooming or boarding house, lodge, club, fraternity, hotel or motel, commune, or similar facilities.
Q: So you are telling us that we do not have the right to live in our tent, as nice as it is?
A: Not exactly. You can live in your tent, but you need to build a single family dwelling first.
Q: This just does not seem fair. How can a town have such a law and call it legal?
A: Well, you’re getting into the fundamentals of Zoning. Rest assured, all municipalities in the State of New York, just like any other state, have the right to create Zoning Laws, sometimes also known as ‘Land Use Regulations.’ These laws, rules and regulations are recognized as a tool to enhance and protect the environment, the orderly development of a community, and to protect [to a certain degree] the value of properties in the neighborhood or community.
Q: Why should we not have the same rights as our neighbors who choose to build huge one-million dollar homes on their lots? We don’t want a one-million dollar house; all we want is what you call a tent!
A: Please understand that this office did not make this stuff up. The Town of Webb has had a Zoning Ordinance since 1965. Sure it has been challenged in the past, and there have been some changes through the years. But it is substantially the same as it was written forty-five years ago.
Q: There must be many other people who complain, isn’t there?
A: Actually, because the town took a progressive approach nearly one-half century ago regarding land use and development, the town has developed in a manner which has encouraged and help maintain property values and the protection of the environment.
Q: Oh come on…. Look at some of the areas, houses on top of houses, tiny little lots, buildings on property lines, businesses in residential areas. You are kidding me right?
A: Oh yeah, there is a whole bunch of ‘lawfully, pre-existing and non-conforming’ things out there. All these ‘grandfathered things’ were created before the Zoning Laws were enacted. And it is all those things that created the need and the desire to have local legislation to keep it from continuing.
Q: Okay…Okay. If we build a “house” how small can it actually be?
A: Great question, let’s look at the minimum space requirements in the NYS Codes……..
To Be Continued……………
