Definition of New Construction

[HuAi]

What is the name of your state (only U.S. law)? Lehigh Township, PA

I replaced an existing permitted 8x10 delapidated shed with a new one of exact same dimensions. The shed is standing on the existing wooden platform. A code enforcement officer was in the neighborhood a few days ago and send me a letter indicating I need to apply for a land usage permit for my new shed. I don't mind spending the $75 on the permit application, but the setback laws changed since the time the original shed was built, and the new shed wouldn't be permitted in the same spot.

The new setback requirements were told to me by the code enforcement agent, however I did not think to ask him if they were local or state ordinances. I don't see any setback statutes on www.pacode.com, so I presume it's local.

I am aware of my options to move the shed or apply for a variance. Do any of you know if the following third option is available to me? It seems to me that I have an existing wooden platform in that spot - wouldn't the old permit cover changing the shed that sits on top of that platform? If I interpret the resolution correctly, any wooden platform or deck would fall under "porches". If this is something I can use to my advantage, how woudl I go about it?

The township resolution for this permit reads as follows:

Now, therefore, be it resolved as follows:

1. The fees for permits to be charged by Lehigh Township for the administration of the Ordinance:

a. Land improvement not involving any buildings or other structures $75
b. <residential additions details>
c. Land improvement involving new garages, sheds, porches, and other accessory buildings ... $75

 

[CraigFL]

Usually local ordinances define what is a repair and what is new construction depending on what and how much is to be done. Most local governments require you to apply for a building permit for significant repair or replacement and the details are discussed at that time. You need to look at the written rules or talk to the proper department.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Lehigh Township, PA

I replaced an existing permitted 8x10 delapidated shed with a new one of exact same dimensions. The shed is standing on the existing wooden platform. A code enforcement officer was in the neighborhood a few days ago and send me a letter indicating I need to apply for a land usage permit for my new shed. I don't mind spending the $75 on the permit application, but the setback laws changed since the time the original shed was built, and the new shed wouldn't be permitted in the same spot.

The new setback requirements were told to me by the code enforcement agent, however I did not think to ask him if they were local or state ordinances. I don't see any setback statutes on The Pennsylvania Code Online, so I presume it's local.

I am aware of my options to move the shed or apply for a variance. Do any of you know if the following third option is available to me? It seems to me that I have an existing wooden platform in that spot - wouldn't the old permit cover changing the shed that sits on top of that platform? If I interpret the resolution correctly, any wooden platform or deck would fall under "porches". If this is something I can use to my advantage, how woudl I go about it?

The township resolution for this permit reads as follows:

Now, therefore, be it resolved as follows:

1. The fees for permits to be charged by Lehigh Township for the administration of the Ordinance:

a. Land improvement not involving any buildings or other structures $75
b. <residential additions details>
c. Land improvement involving new garages, sheds, porches, and other accessory buildings ... $75

**A: if the local AHJ will not grandfather the structure then you will have to comply with the current building and zoning codes. You should have repaired rather than replaced.

 

[HuAi]

**A: if the local AHJ will not grandfather the structure then you will have to comply with the current building and zoning codes. You should have repaired rather than replaced.

Live and learn.