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Besides the usually Covenants, Conditions, and Restrictions (CCR's) or Rules & Regulations in your homeowner association declaration, the association can also access and review the ordinances of its local municipality. Your city, town, or county will generally have a complete set of zoning ordinances that are laws that govern residential, commercial, or industrial development. These ordinances cover a wide range of architectural, health, and safety standards that can aid your association in protecting and enhancing property values. Most municipalities have posted the Zoning Codes online. This makes a quick review easy, and more importantly a wise choice when reviewing architectural submittals, enforcing CCR's, or providing an alternative for homeowners who are seeking additional resolution to disputes with neighbors.
What kinds of zoning ordinances should your association or your homeowners know about?
Property Setbacks – Homes built within a subdivision will usually have a setback for the lot. This means that the structure must be placed so that the minimum setback surrounding the house structure is maintained. For instance, if the front setback is 20 feet, then the front of the structure can be built starting at least 20 feet from the front property line. For side setbacks, if it is designated as 15', then there must be at least 15 feet from the side of the house structure to the side property line; and the same would hold true for the neighboring property, making the two structures at least 30 feet apart. If your association is reviewing architectural plans for house additions, or other structures, check out the setback requirements, so that the new addition meets the minimum setback. This will be particularly important in maintaining privacy between adjacent lots.
Signage – You don't want your association cluttered with signage of various sizes, colors, or messages. Besides the restrictions placed in your CCR 's, the local municipality will have its own standards for signage. There may be restrictions on how long a signage can be visible (for instance a political sign); if the signage can be illuminated; or if a sign can be operated with any motorization.
Outdoor Lighting Standards – This is always a hot issue between neighboring properties, when homeowners are feuding over light “pollution”. Many towns and cities have adopted regulations on light shielding, fixture height, and illumination. Dark sky ordinances exist in many communities to allow for the enjoyment of the nightly stars.
Swimming Pools – Nowadays, municipal codes require that property owners who have swimming pools install pool fencing, with proper gate enclosure. In addition, environmental standards may be imposed that restrict the pool filter backflushing.
Home Office – With more and more homeowners working from home, it is a good idea to review your association documents as well as your zoning ordinances. Many municipalities restrict home offices in residential neighborhoods to protect residential neighborhoods from becoming cluttered with commercial activity. In the past, these ordinances were strictly enforced to keep residents from conducting any sort of business from their home, even if it did not have a visible impact on the rest of the neighborhood. Now, there is less enforcement on the actual letter of the law; however, if your association receives complaints from homeowners and your association documents are silent or very ambiguous on this issue, a good place to steer these complaints is your local zoning inspector.
Inoperable Vehicles – How many times have you heard from homeowners about neighbors with inoperable vehicles? Municipalities are taking a more aggressive stance on regulating that unregistered, inoperable, or dismantled vehicles be garaged.
Property Rentals – Leasing a residential unit with a short-term rental contract (less than one month) is generally regulated by the commercial zoning codes. CCR's may or may not spell out minimum rental terms, so the association may be at loss to enforce short term contracts. However, CCR's usually define that the lot be used as a “single family residential use”. Read the local commercial zoning code on rentals to find out what period of time constitutes a commercial use so that your association has additional resources when enforcing leasing of units.
Building Height – It's there for a number of aesthetic reasons. In residential zones, building heights attempt to reduce the look and feel of large masses of structures being built in close proximity; and to allow the residential building to have a flavor on being part of the surrounding environment. As your association reviews architectural applications from homeowners, check that any modification to the house or lot complies with the height restrictions in force for your local municipality; adding a sundeck may appear to be architecturally pleasing, but may be too high.
Nuisances – What constitutes a nuisance to one is not necessarily a nuisance to another. Loud noises, unusual smells, or dog barking are just some of the normal gripes between neighboring properties. If your homeowners are seeking resolutions beyond what the association can offer, their local government official may be able to assist them.
Landscaping – Review the location of plants, shrubs, or trees. For corner lots, sight visibility triangles come into play, and landscape vegetation is prohibited in these areas of the lot. There may also be restrictions on what can be placed in the right of way areas, near public sidewalks, or natural areas within environmentally protected spaces.
This is just a small list of zoning ordinances that can affect the appearance of the lot or structure. Take the time to compare your own CCRs or Design Guidelines to your local regulations. You may find that your association and your membership have additional measures at their disposal. The importance of knowing the local ordinances and zone codes is not to enforce such restrictions, but to recognize the additional and sometimes contradictory rules which may exists between your association's governing documents and the local zoning codes. In some cases, these local ordnances and zoning codes will assist the association in addressing awkward situations, and/or developing more detailed rules for property use and modifications.
Mark Lewis, AMS®, CMCA®, PCAM®
President/CEO
Community Archives
Tucson, AZ
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