Zoning & Building Code
- Oct 25, 2025
- 7 min read
Updated: Jan 5
Zoning and Building Code: Zoning refers to general regulations that apply to all properties within a specific type of area, or zone - residential and commercial are two common examples. These regulations include setback distances from property lines to various man-made features such as houses and swimming pools, allowable impervious surface coverage (as a percentage of the lot), and additional restrictions for buildings, fences, and walls. Zoning provides a system of checks and balances that helps level the playing field, keep things fair, and prevent activities on one property from adversely affecting neighboring lots. Without zoning, someone could open a nightclub next to a single-family residence.
Regulatory Agencies: Regulatory agencies are established to protect human health, safety and welfare (HSW) as it relates to special environmental concerns like wetlands, coastal areas, and steep slopes. Examples include the Planning Board or Commission, the Coastal Area Management Commission (CAM), the Inland Wetland and Watercourses Agency (IWWA), and the Board of Architectural Review (BAR) or Architectural Review Board (ARB). Because these agencies only consider applications and materials prepared by licensed professionals, the involvement of a landscape architect - or other qualified design professional - is required to obtain approvals for projects in regulated areas.
Variances: Variances are governed by the Zoning Board of Appeals (ZBA) and grant permission to build or do something that would otherwise not be allowed because of zoning restrictions. In recent years, courts have been very clear that a variance must be predicated on a hardship inherent in the land. For example, a swimming pool may be located within a building setback envelope if it can be shown that it would otherwise harm a nearby environmentally sensitive feature. Conversely, a variance would not be considered to allow a swimming pool on a lot that is already maxed out on allowable building coverage (swimming pools are typically governed as buildings).
Building Coverage: Building coverage refers to the surface area of all buildings and accessory structures on a lot and is expressed as a percentage. For example, a 10,000 square foot (sf) lot with a 2,000 sf house and a 500 sf garage would reflect 25% building coverage. Most jurisdictions in suburban areas have maximum allowable percentages for building coverage - this is to prevent buildings from covering entire lots as they commonly do in urban settings. The relationship between lot size and maximum allowable building coverage is inversely proportional, whereas smaller lots are allowed greater percentages of coverage. Examples of accessory structures include garages, swimming pools, and pool houses.
Lot Coverage: Lot coverage is also expressed as a percentage and refers to sum total of all buildings, accessory structures, driveways, sports courts, and certain types of hardscape features that cover a lot - with occasional exceptions depending on the jurisdiction. A 10,000 sf lot with a 2,000 sf house, a 500 sf garage, a 1,000 sf driveway, and a 500 sf patio would net 40% lot coverage. As with building coverage, most jurisdictions in suburban areas have established maximum allowable percentages for lot coverage. The relationship between lot size and maximum allowable lot coverage is inversely proportional, whereas smaller lots are allowed greater percentages of coverage.
Setbacks: Buildings and accessory buildings are governed by setback requirements that regulate how close a structure can be to different property lines. The intent of the regulations is to maintain uniformity within different zones, and to prevent buildings on different properties from being right next to each other - a condition observable in urban environments where access to light, air, and viewsheds are commonly blocked. The relationship between lot size and building setback requirements is directly proportional, whereas smaller lots have shorter setback distances.
Driveways & Parking: Driveways are often governed by specific regulations dictating width, slope (how steep the surface can be), proximity to side lot lines, along with size and location limitations for parking areas; with regard to single-family residential zones, many jurisdictions do not allow parking areas in front yards. The apron refers to the area of a driveway located in the the right-of-way easement owned by the town, and a curb cut is the part of the apron that connects to the road. Aprons and curb cuts have specific slope and width requirements that vary from town to town.
Fences & Walls: Different jurisdictions have different height limitations for fences and walls - and these can change depending on which yard they are located - front, side, or rear. Walls exceeding certain heights may trigger the requirement for structural engineering and, in some cases, a variance. It is important to know these restrictions prior to designing and installing fences and walls. It is also advisable - if a fence or wall is to be located on or near a property line - to hire a surveyor to stake the lines so that the maximum amount of space can be captured without encroaching into another lot.
Swimming Pools: Swimming pools are heavily regulated structures in nearly all jurisdictions because of safety requirements. Pools must be completely enclosed by a barrier (fence) that must address very specific guidelines. They need to be bonded against lighting strikes, and the equipment must also meet strict operational and safety requirements. Swimming pools are counted towards building and lot coverage, often triggering the requirement for an engineered stormwater management system. Moreover, swimming pools require signed and sealed drawings from a structural engineer, and a certificate of occupancy when work is complete.
Drainage: Houses, driveways, swimming pools, and patios are examples of impervious surfaces that do not allow for the infiltration of rainwater into the natural surfaces they have replaced; instead, stormwater runoff into adjacent areas is increased, thereby causing erosion, sedimentation, downstream flooding, and property damage. Climate change, including an increase in the frequency and duration of severe weather events, has exacerbated the issue to where many jurisdictions now have thresholds, in terms of proposed impervious surface areas, that trigger the requirement for engineered stormwater management systems.
Regulated Areas: Examples of regulated areas include wetlands and watercourses, coastal areas, flood zones, and steep slopes. Buffer zones limit proposed disturbances within certain distances from regulated areas. For example: Greenwich, Connecticut has a mandatory 100' upland review area for all wetlands - this means that any proposed disturbance within 100' of a wetland must be approved by the Inland Wetlands and Watercourses Agency. Approvals for proposed disturbances within regulated areas have become increasingly difficult to obtain, especially in areas like lower Westchester County, New York.
Septic Systems & Wells: Setback requirements for septic systems and wells are established to maintain safe distances between wastewater infrastructure and potable water sources. Most local health codes specify minimum separations between wells, septic tanks, and leaching fields, along with required offsets from property lines, buildings, and surface water features. While the exact distances vary by jurisdiction, these standards are designed to protect human health, safety, and welfare (HSW) and are governed by the Health Department.
Covenants: Covenants are private restrictions placed on a property - typically through a deed, subdivision plan, or homeowners association - that limit how the land can be used. Unlike zoning or building codes, which are enacted and enforced by local government, covenants are contractual agreements between property owners. They can regulate architecture, landscaping, setbacks, materials, and even the types of improvements allowed. Because covenants may be more restrictive than municipal regulations, property owners must comply with both. When inconsistencies arise, the stricter requirement generally governs.
Easements: Easements give someone other than the property owner the legal right to use a portion of the land for a specific purpose. Common examples include access easements - such as a strip of land that runs between a property and the road - utility easements, and drainage easements. They are recorded on the property deed and remain in force even when the property changes hands. Easements can affect where structures may be placed and what improvements are allowed, making them an important part of site planning.
Restrictions: Restrictions are privately imposed limits on how a property may be used, typically created by a developer, homeowners’ association, or prior owner. They often regulate things like building height, materials, landscaping, or the type of structures permitted on a lot. Unlike zoning, which is enforced by the municipality, restrictions are enforced by the parties who created them or by other property owners who benefit from them. They run with the land, meaning they bind future owners unless legally removed or allowed to expire.
