Accessory Building Definition

Started by HermanT • 9 replies • 2191 views

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HermanT (North Carolina)
Posts: 1

Posted:

Our subdivision allows only one (1) dwelling unit per lot. Asscessory building is allowed per board and archtectural committe's approval. The understanding of assessory building is not a living space structure/building. Whar are the items can be used to differentiate between these two building?

FredS7 (Arizona)
Posts: 927

Posted:

Well if only one dwelling is allowed then an accessory building has to be something not used for dwelling. No bedrooms, no kitchens, no bathrooms, no heating or airconditioning would be good signs of something not used for dwelling. Being full of tools and lawnmowers would be another.

The AC committee ultimately would make the decision. The board could pass a clarifying rule.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Fred's correct. But a dwelling unit is pretty clear when compared against a tool shed or other small building featuring bedding, running water, heat and lights - amenities conducive to an in-law's quarters.

DaveD3 (Michigan)
Posts: 796

Posted:

As Fred said, this is exactly the opportunity for the board to discuss the matter, settle on definitions, and issue a rule.

What is it? What does it need to look like? What can it have, what can't it have? Is there a minimum or maximum size? Roof pitch? etc...

Our docs specify that it must match the house in terms of siding, roof pitch, & shingles. Requires a minimum of 3 windows. Maximum square footage defined, no minimum. Must be on a suitably permanent foundation. Things along those lines. I don't believe our docs exclude actual living areas. Depending on size limits, I wouldn't exclude bathrooms. Sure would be nice to have a bathroom in an outbuilding workshop.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By HermanT on 09/27/2013 4:54 AM
Our subdivision allows only one (1) dwelling unit per lot. Asscessory building is allowed per board and archtectural committe's approval. The understanding of assessory building is not a living space structure/building. Whar are the items can be used to differentiate between these two building?

I would first check your documents to see if a "dwelling unit" is defined there. Some documents contain an Article or Section called "Definitions."

You could also check your local building codes. If it is not possible to obtain an occupancy permit as a dwelling unit (or certificate of occupancy) for the building from the local building inspector, then it is obviously not a dwelling unit.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

It's likely against local zoning ordinances in the city. Check those first before you drag your HOA into this. It's cheaper to let the city fight them, then the HOA.

DaveD3 (Michigan)
Posts: 796

Posted:

Quote:

Posted By SteveM9 on 09/27/2013 9:44 AM
It's likely against local zoning ordinances in the city. Check those first before you drag your HOA into this. It's cheaper to let the city fight them, then the HOA.

What's likely against zoning ordinances? The occupancy issue or the building itself?

FredS7 (Arizona)
Posts: 927

Posted:

> What's likely against zoning ordinances? The occupancy issue or the building itself?

We don't know the issue, or even which side of it you favor.

However I think Steve is observing that most cities have zoning that limits the number of houses per lot or that forbid occupancy of structures that don't meet certain minimum standards.

DaveD3 (Michigan)
Posts: 796

Posted:

That's what I would assume Steve was talking about, rather than the mere existence of the structure.

I wouldn't even concern myself with the occupancy aspect of it. What if it was built with a loft apartment? Would that really matter? We've had threads discussing the renting of a room and having tenants. If such is permitted, would it really matter HOA-wise, if the room was in a separate building?

My own plans for an ancillary building include making it a habitable space with water & bathroom, simply for the convenience. Plenty of insulation for comfort, too. No sense having an outbuilding that's freezing in the middle of winter.

RobertC14 (Colorado)
Posts: 78

Posted:

this is just my personal opinion but i'd axe climate control (heat/air) as indications of it being used as a dwelling. i store electronics in my accessory building and use heat and air to climate control the building to keep the sensitive electronics from being exposed to wide temperature swings which can ruin the electronics. i also use that accessory building as my mancave to work on personal projects because the wife does not want them in the home and i prefer not to freeze or roast when out in the building working. again just another perspective to having climate control in accessory buildings and why it should not be used as a litmus test for it being used as a dwelling.

RobertC14

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