Read the draft language of the proposed ICO here. Read about the latest on the ICO here, and find older stories on it in our News Archive.
1. What does the ICO limit?
The Interim Control Ordinance was created to preserve the character
of the Oaks neighborhood by limiting the size of a house being
built relative to the size of its lot. The Ordinance is designed
to prevent over-building, or what’s known as “massing” or “mansionization.”
2. Apart from the square footage of the house, are there any other
things that are limited? Does the ICO regulate the design elements
of a house? Will there be a design review board or anything like
that?
No, the ICO does not regulate any design or taste or aesthetic elements.
The ICO is only concerned with the size of a house relative to the
size of its lot.
3. Does the ICO affect existing homes? Do I have to tear down parts
of my house to comply with the ICO?
No, the ICO only deals with new homes or projects that increase the
size of an existing home.
4. What if I want to add to my existing house?
Your renovation will be subject to the limits of the ICO. However,
no matter what the current size of your dwelling is – even
if it’s already over the limits set by the ICO – you
can still add up to 250 square feet. (Section 2.2)
5. Does the garage count toward the allowed square footage?
The first 500 square feet of your garage do not count toward the
allowed square footage. Everything above 500 square feet will be
counted as living space for the purposes of the ICO. (Section 2.1)
6. What if I loose my house to fire, earthquake or other disaster?
You can rebuild your house as large as it was. (Section 4.A.2)
7. Is this a permanent regulation?
No, it’s a temporary ordinance. It will be in effect for one
year, but it can be extended twice by the City Council for 6 months
each time. That would be a maximum of 24 months from the date it
becomes effective.
8. When does the ICO become effective?
It becomes effective when it is legally published by the City after
a City Council vote of approval. At this time no vote by the Council
has been scheduled. However, if the ICO is approved by Council,
its regulations will become retroactive for all projects that paid
their plan check fees to the City after July 12th 2007 (Section
4.B.2).
9. What if I got my plans after July 12th, 2007 and started my project
(construction or expansion) before City Council approval? Will I
have to tear down parts of my house to comply?
Probably not. The City Council can grant hardship exemptions for
any reason (Section 6). You should contact our Councilman
Tom LaBonge’s
office.
10. Based on the floor area ratio of my house
and lot, I couldn’t
expand it under the ICO limits. But I own another adjoining lot.
Would the City consider the square footage of both lots together
in determining how large a house I can build?
Yes, but only if you do what the City calls a “lot tie” or
what the County calls a “lot combination.” Both names
refer to the same action. You simply need to write a letter stating
that you wish to combine the lots, and that you will hold the lots
as a single unit indefinitely. The lot tie is then recorded by the
County. There is no cost for this, and there are no property tax
consequences. You will receive one tax bill for all the lots together,
but the legal descriptions stay separated.
11. I’d like to build a
home across several contiguous lots I own. Can I consider the total
square footage of all the lots added together in determining the
size of the house I can build?
See answer to previous question 10.
12. Can I ever reverse such a lot tie?
Yes, but if you do, all structures on your lots will have to comply
with all regulations and building codes then in effect on a lot
by lot basis. You may incur cost for inspections and appraisals,
but the county will record the severance for free.
