I am reading the IBC Section R202 Definitions and am trying to determine if a detached 2 car garage (25’x25′) is considered an Accessory Structure. It says “a building is incedental to that of the main building” , so is a garage an incedental use???
Thanks, Jeremy
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Replies
Usually a garage is indeed an "accessory structure"- but I'd check with your local code and/or zoning officials for what they consider it locally.
Bob
so is a garage an incedental use???
That's what I want to remember, unless it has a rental property within, or a business is conducted there. However, and Mr Kovacs so kindly pointed out, it's really down to your local Authority.
Some AJH have distance, as well as use, definitions for accessory or incidental use structures. Some may require 10' of separation. Some may require only "partitiion thickness" (read 1 1/2", or "shed") walls if enclosed.
Now, you have to be careful of subdivision, and HOA, covennants, too. The city may not require that cars are stored in a garage, but the local architectural review board might (don't ask me how I know). There's a local subdiv that is a real pain to "do" dteatched garages in, as they require T,B,& F and paint on any wall surface visible through "garage, or similar storage unit" windows. This can complicate what would otherwise be a fairly simple Texas Basement project no end.
Edited 2/14/2006 3:15 pm by CapnMac
Lucky no covennants etc. The city code is verbatum from the IBC. Just trying to get a feel of what the "norm" is before asking at the Planning Dept. I figure if I have more info I may have the upper hand in getting their interpetation to match my needs.
My motive is two fold. I want to build the garage later due to budget and also the setbacks are less for accessory structures which allows me to build bigger than if attached.
Jeremy
I want to build the garage later due to budget and also the setbacks are less for accessory structures which allows me to build bigger than if attached.
Those are good thoughts, at least in my book. A garage is a fundamentally different foundation than a building floor (even if that can be hard to tell, empirically, here in slab-on-grade Texas . . . )
Now, where it can get sticky is in "converting" accessory structures. This is where that advance thinking/planning comes to a good end. You can build carports on lots in places where it can be tough to later convert into enclosed workshop spaces. But, you can always finish a future workshop out as a carport (and sometimes, the existing paperwork with "future" whatever can come in handy for grandfathering & the like.)Occupational hazard of my occupation not being around (sorry Bubba)
That situation here is a zoning one, which is what it sounds like you're talking about, rather than a structural issue. If so, use is what determines accessory. Zoning doesn't, or shouldn't, concern itself with structure, only use.
As such, a detached garage is clearly accessory to the the dwelling unit. Whether or not your zoning official will agree is up for grabs. I've won 2 out of 3 rounds here, all with different zoning officials. The one I lost, the zoning official insisted on considering structure.
In our area Planning is separate from the Zoning Dept.
Good luck. PAHS Designer/Builder- Bury it!
yes, depending...
On a residential lot, the main purpose is a home to reside in, so other structures that support that primary use are accessories. The purpose of a garage is not a place to reside. It is only to store the vehicle(s) used to support the transportation needs of the residents in the primary structure.
A storage shed would also be an accessory structure, used to store the lawn, garden, and/ or pool gear needed by the residents of the primary structure.
Where questions are more common would be with a second residence on that lot. In some locations, a mother in law apartment over the garage might be allowed as an accessory structure, but in others it wouyld be defined as a second dwelling unit in an area otherwise restricted to single family dwellings. Some places would find it normal to have a secondary guest house and permit is as an accessory to the primary while the opposite can rule in other locations where even a treehouse where the kids camp out a few times in the summmer is viewed as ####residence competing for that limited single family use of the lot.
It can get pretty interesting according to the specific situation
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Then there is the matter of tax rates for accessory structures and dwellings, as well as permitting cost.
One funny issue I have run into in my are is the differenc between what the county says is detached and what my insurance company defines as detached. My detached garage, per county definition, has a covered walk leading to the house. Insurance company says that because a roof joints the two together, the garage is attached.
Because the garage is accessory to the county, it get no inspections by the BI, but does by the electric inspector.
The connecting roof is included in the square footage of the house for permitting cost calculations,as are the two covered decks roof area.
Taxable value is based on 100% of total marked value of the property, and accessory structures can be appealed to lower values with supporting documentation.
Ya just have to follow the path of the worm to figure out how they do this stuff. Those that write the laws here are going to take care of themselves, so by figuring out how they avoid paying their fair share, I've managed to save a few $$ in taxes.
Dave
Ya just have to follow the path of the worm to figure out how they do this stuff. Those that write the laws here are going to take care of themselves, so by figuring out how they avoid paying their fair share, I've managed to save a few $$ in taxes.
LMAO... Our taxation program (fair market value) is simpler than yours, but you're absolutely right about understanding how it all works can save you a bundle.
I was very curious as to what the assessor would come up with for our place, which had absolutely no comps. He tried to slide sq ft costs past me. Didn't work. We settled on less than half his original figure. A decade later we're just about up to there. Saved several thousand, and ongoing, in taxes by bothering to understand the rules of the game.
What I've encountered in the county bureaucracy is strong resistance to explain anything. But they do have booklets available. A little studying can pay off.PAHS Designer/Builder- Bury it!
Some have mentioned about discussing this with your local Zoning/Planning department. This is true.
Our organization designed some raised decks to go in the back of an existing group of townhouses last fall. Thought we'd checked everything. Ran it by zoning afterwards just to be sure, and found out what was designed would not be allowed. Because the decks took up most of the backyard area, they went over the allowable percentage prescribed by the city. If the raised decks were patios though (i.e., not structures), that would be o.k.. Regardless of the size. My fault.