WHAT IS THE DIFFERENCE BETWEEN THE ZONING CODE AND THE BUILDING CODE?

We get this question often from clients. The Zoning Code and the Building Code are the two main codes that a project must comply with. Below is a quick description of each and how they differ from each other. To watch our video on the difference between the building code and the zoning code, click here.

ZONING CODE:

A project typically moves through the Zoning Department first. In the Zoning Department, the project will be reviewed to be sure it is conforming to the local Zoning Code. This phase is often referred to as the entitlements phase. 

A Zoning Ordinance is the local law that regulates the immediate, allowable use of each piece of land within a city or county. Each city or county will have its own unique zoning code. For example, the zoning code in Santa Barbara is going to be different from the Zoning Code in Newport Beach. The reason for this is the code must address the local conditions of each area. Each zoning code is typically made of of two parts, a text which sets forth a written description of the property development standards and an illustrated map which graphically depicts the different zones within the city or county. 

A Zoning Ordinance assigns each parcel within the city or county a set of regulations which govern the type of building allowed to be developed on a SPECIFIC piece of property and how a building can interact with the piece of land. For example, typical zoning regulations are building height, setbacks from the property lines, open space requirements, parking requirements, and maximum floor area ratios for the building. Zoning requirements are often addressed in the beginning phases of the project.

It is important to note that in many coastal communities, it is common to see an additional set of guidelines that a project needs to conform with. These are typically called Design Guidelines. These are often a more detailed set of regulations which deal more with the aesthetic character of the structure and project specific assessments. For example, in the city of Laguna Beach, projects must conform with a set of Design Guidelines and are subject to a process called Design Review. To read more about the Design Review process, click here to check out our article on the "Seven Steps For Getting a Permit to Build Your Custom Home in Laguna Beach."

BUILDING CODE:

The Building Code deals with safety and technical related requirements such as fire safety requirements, structural loads, maximum occupancy loads, mechanical/electrical/plumbing requirements just to name a few. Unlike the Zoning Code which is unique for each city or county, the Building Code is a state wide code which all structures in the state of California must conform with. The building code in California is called the CBC or California Building Code.  

In some instances, there may be some overlap in requirements between the Building Code and the Zoning Code. A classic example of this is the height restriction. Typically a zoning code will have a maximum allowable height that your building must be under and the CBC also has a section which regulates the maximum height of a building for fire safety. A good rule of thumb to use when in a situation like this is that the most restrictive requirement will apply. 

When selecting an Architect for a project, it is advisable to work with a firm who has experience in the jurisdiction. If they are working on projects in the area, they should have good handle on the local zoning code regulations and process at the city. Each city or county has its own quirks and nuanced requirements. A firm who has experience in the area will be able navigate the permitting process more efficiently thus saving valuable time and resources for the project schedule and budget. If you need guidance getting your project approved through the different jurisdictions where your project is located. Feel free to contact us by clicking here.