ᐅ A carport that is not allowed to be a carport

Created on: 14 Jan 2017 20:55
K
KrustyDerClown
Hello everyone,

Unfortunately, our building permit application was rejected because the carport violates the zoning plan. So, we removed it from our application for now in order to start building the house.

Our house has a side entrance — right in front of the front door is the parking space for the car. Do you have any ideas on how to create a "carport" without it actually being a carport? 🙂 For example, could the canopy over the front door be made large enough so that a car can “accidentally” fit underneath?

If anyone has any suggestions, please share. Maybe someone has faced a similar issue before.

Best regards,
Oliver
Y
ypg
22 Apr 2017 01:13
So far, no development plan or a drawing with a legend has been posted here...

Regards, Yvonne
Kaspatoo22 Apr 2017 12:59
Yes, a sketch is definitely missing here.

As I understand it, the house is set back 3m (10 feet) from the street. The carport is now supposed to be built in FRONT of the house, meaning it would be constructed right up to 0.0m along the street. In other words, the person who designed this wants to build the entire carport within the 3m (10 feet) setback area by the street, which is precisely the zone where NOTHING is allowed to be built.

If I have understood this correctly, I also wonder why the architect and the homeowners overlooked this.

A similar setback zone usually exists around the entire perimeter of the house to the property boundaries. That means not only toward the street, but also toward neighboring lots. In these areas, building within the 3m (10 feet) setback is generally permitted only if the height does not exceed an average of 3m (10 feet) and often only if the structure is built parallel to or exactly on the property boundary (not angled).

Otherwise, there are also car tents, which do not fall under building regulations. Something similar might apply to self-constructed, movable “carports” (“magic one out of the ground”). However, this is more wishful thinking than economically reasonable or legally clear.
K
KrustyDerClown
22 Apr 2017 21:41
Kaspatoo schrieb:
Yes, a sketch is definitely missing here.

As I understand it, the house is set back 3 meters (10 feet) from the street.
The carport is now to be built in FRONT of the house, meaning from the house right up to zero meters at the street.
In other words, the creator wants to build the carport entirely within the 3-meter area in front of the street, an area where it is clearly stated that NOTHING may be built.
.....

Exactly right. 🙂 The house is set back 3 meters (10 feet) from the street. I want to place a carport exactly in front of the house (i.e., within the 3-meter setback from the street).

The development plan states:

2. Areas for parking spaces, garages and ancillary facilities (§ 9 (1) No. 4 Federal Building Code)
2.1 Across the entire planning area, garages must maintain a minimum distance of 3.00 meters (10 feet) from public road areas.
2.2 Ancillary structures according to § 14 Land Use Ordinance must be built with a minimum distance of 3.00 meters (10 feet) from public road areas and have a maximum volume of 15 m³ (530 ft³).

My (new) argument is:

Section 2.1 only mentions garages, not carports or covered parking spaces.
Section 2.2: § 14 Land Use Ordinance does not cover carports. So, it is not relevant here.

Therefore, the 3-meter setback (between house and street) should be governed by the state building code. The state building code clearly differentiates between garages and covered parking spaces (carports?!). Thus, the state building code should apply to carports, not the development plan.

If I understand the state building code of Rheinland-Pfalz correctly, it is generally permitted / possible to build a covered parking space within this 3-meter setback.

Any objections or questions?

Regards,
Oliver
Y
ypg
22 Apr 2017 22:14
I understand what you mean. I can follow your objection.
However, I am missing the complete development plan with the layout because:
Many aspects are mentioned and regulated under different sections. For example, another part might address the building area or building line, the setback areas to the street, etc... I have found from experience that you need to read it in its entirety.

Regards, Yvonne
P
Payday
22 Apr 2017 22:30
I believe he wanted to place his carport in front of the house (the 3 meters (10 feet)) directly adjacent to the street. And that is precisely not allowed.
By the way, this is not permitted on almost any property...

Actually, the solution is quite simple. Next to the house, 3 meters (10 feet) away from the property line, you are allowed to build your 9-meter (30 feet) long carport with a width of your choice.
The architect should have informed you about this earlier in the process. It’s always surprising how such trivial matters get rejected in applications. As if only fools prepare these applications.
C
Caspar2020
22 Apr 2017 23:10
KrustyDerClown schrieb:
If I understand the state building code of Rhineland-Palatinate correctly, it is generally allowed/possible to build a covered parking space within these 3 meters.

No.

Because
8) For structural installations, other facilities, and equipment that have effects similar to above-ground buildings, paragraphs 1 to 7 apply accordingly with respect to buildings and property boundaries.

The regulations are only slightly relaxed for a garage in the state building code.

And a structural installation is defined as
(1) Structural installations are structures connected to the ground, made from building products. A connection to the ground also exists if the structure rests on the ground by its own weight or if it is intended by its purpose to be predominantly fixed in one place. Parking spaces are considered structural installations.