Frequently Asked Questions – Page 1

Here are answers to frequently asked questions, including questions generated at public meetings held on June 9 and 29.

Can I rebuild after a fire or flood?

Yes. The infill ordinance will not prohibit an owner from rebuilding a house lost to fire or natural disaster.

Why is it necessary to have a height restriction?

There is no height restriction; the current code allows 35 feet. How height is measured should close a loophole in the ordinance that allows houses ranging as high as 50-feet to be built on an artificially created grade, sometimes built up 8 to 10 feet. The current code restricts all residential homebuilding to 35 feet, but the way it is measured allows for the manipulation of grade and roof designs for much taller houses and there is no accurate way to measure. This is an unintended consequence of the current Code. Although the Committee recommended 32-feet, the County is recommending 35-feet since that is the height already in the Code.

These updated ordinances will only apply when a house is torn down and new house is to be built in that same place. There are reference points, such as the front door threshold, which will help the new structure relate to the previous structure which will help it be more in context as far as scale, mass and height with the rest of the houses that adjoin it.

These regulations do not apply to remodeling. In fact, it clearly says in both the recommendations and the ordinance proposed by the County Legal Department that it applies only to teardown/rebuild situations or when adding on more than 50% to the existing structure.

The value statement of the Committee says the purpose is to support and strengthen all DeKalb communities; not prohibit redevelopment but respect the current owners, allow current owners to profit from ownership as an area appreciates and provide predictability.

Can I build a 2-story house with a basement within an absolute height of 35 feet from the lowest point to the highest?

Yes. For example:

If you have a typical basement, then the concrete floor of the basement is at the level of the footing. The concrete block foundation is built on top of that. If a typical basement is 8 feet in height, then you have some ceiling material, some heavy weight supporting floor joists, and the flooring on top for the first floor, totaling 12 inches of ceiling and joists. Add that to the height of the basement and you have about 9 feet.

If you subtract 9 feet from 35, you now have 26 feet. Move to the first floor. If that floor has a 9 foot ceiling, and you add in the ceiling material, floor joists for the second floor, and flooring for the second floor, then let’s call it a total of 10 feet. Subtract that from the 26 feet left, and you have 16 feet to work with.

Move to the second floor. If you have an 8 foot ceiling add in the foot for second floor ceiling and joists in the attic, add those together for a 9 foot total, subtract that from the 16 feet left, and you still have 7 feet to put in a traditionally sloped 5/12 type roof.

Additional comments on height from an architect working in DeKalb County:

Yes, you can build different styles within the 35 foot height limit. The codes with which I’m familiar average the total height, counting only half of the sloping portion regardless of slope (pitch). Most new subdivision homes have a 12/12 pitch which is primarily used for curb appeal (larger apparent size viewed from the front elevation) because people seem to want the biggest looking house they can afford. This is the mindset that developers operate with and believe all customers want, largely a self-fulfilling prophecy. This leads to front facade-deep designs which die at the front door.

What will really make a difference is if the infill house design process takes into consideration (takes cues from, in order to fit in with) the topography, vegetation, massing and styles of the immediate neighbor homes, scale of materials and finishes, and details. This is called Contextual Design, requires sensitivity, a light-handed touch and is taught in every accredited architecture school design department.

Since we cannot legislate good design and short of establishing a design review board (as in an historic district), we are limited to the basic restrictions of definition and enforcement of height limit, setbacks, original grade and tree ordinances.

– Tom ZuiderVeld, AIA

Why didn’t I know about this? How long has it been going on? Are any builders on the Committee?

This process has been going on for almost 2 years and came out of a neighborhood meeting in March 2003 that was held to educate communities about what Infill building is, the impact on existing property owners and their quality of life, as well as infrastructure issues such as increased stormwater runoff. A panel of speakers that included homebuilders, architects, planners and developers responded to a powerpoint presentation outlining the unintended consequences of primarily speculative building within mature neighborhoods. About 500 people attended this meeting.

CEO Vernon Jones appointed a Task Force, including the organizers of the event, the panel and a number of other interested citizens, including builders and developers. A core group emerged and continued to attend meetings, weekly and bi-weekly, to develop workable guidelines that protect everyone’s quality of life, deliver predictability to all involved, and help builders and residents be better neighbors.

These meetings were open to all and often visitors attended to hear the discussion. Those visitors included realtors, homebuilders and interested citizens. Discussions were lively, points of view were exchanged, sometimes loudly, and a consensus hammered out.

How will this affect my property value?

The only person who can provide an idea of your property value is a certified appraiser and a qualified real estate broker. You can get an idea of your property value by looking at what similar homes in the area are selling for, the desirability of the neighborhood and schools, and the location.

As noted above, many attractive, desirable and expensive homes can be built within the regulations. A stable neighborhood with a variety of homes, good schools and great location will help determine your property value.

For most infill lots, the value is established by the price that the developer is willing to pay for an “empty” lot. This price may, or may not, reflect the value of a house that is sold as a continuing residence.