A Comparison of the use of Building and Zoning Codes to

Regulate Electric Vehicle Infrastructure

January 6, 2017 (updated 12/15/17)
Jim Hindson, Victoria BC jhindson@telus.net

One barrier to the more widespread adoption of electric vehicles (EV) is the lack of available EV
infrastructure on public and private property locations and for residential properties in particular,
where overnight charging would meet most EV daily charging requirements.

Since it is more costly to retrofit EV infrastructure into existing buildings than provide for it at the time
of construction, regulating EV infrastructure helps to “future-proof” buildings by preventing
reductions in property value over time as new or subsequent buyers start to require EV charging
capability as a condition of purchase. At non-residential locations, EV infrastructure regulations are
required to help ensure that the daily range needs of EV owners can be met to help reduce
community-wide GHG emissions.

Although building codes and zoning codes can be used to regulate requirements for EV
infrastructure in new construction, the potential effectiveness of the two approaches is quite
different.

The purpose of building codes is to provide for the structural integrity, and the health and safety of
building occupants and is not intended to include provisions for different land uses or auxiliary
features. Building codes usually apply on a province or state-wide basis with historical exceptions
for early North American settlements1.

The purpose of zoning codes is to regulate how a property may be used including the size,
placement, and height of structures as well as requirements for auxiliary features or amenities such
as parking. Zoning codes always apply at the municipal level and apply to all land uses including
when the land use of a property is changed.

Comparing the differences between the building code approach and the alternative use of zoning
codes provides insights as to why the use of zoning codes represents the preferable solution to
meet EV infrastructure needs and the “future proofing” of property investments.

From the perspective of EV infrastructure regulatory needs, EV infrastructure regulations should:

apply to all land uses; provide for changes to land use or occupancy; and have the ability to account
for multiple buildings on a single property. There are also the needs for; adaption to local conditions
or technology; a stakeholder consultative process; and a variance and appeal process.

Table 1 is a comparison between the building and zoning code approaches in meeting these needs.

The building code approach generally does not meet any of these needs, whereas the zoning code
approach meets all of them.

1
Some large early municipalities have their own building code (examples are: Vancouver, Toronto, New York, and Los
Angeles)
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Table 1 EV Infrastructure Needs
2
EV Infrastructure Need Building Code Zoning Codes
Regulate by land use Structures only All land uses
Ability to change requirements if occupancy (land use) changes No Yes
Tailor EV infrastructure requirements for developments with multiple
No Yes
buildings
Prevent the over or under-building of EV infrastructure requirements No Yes
Ability to include a minimum performance standard (of providing “x”
No Yes
kWh over a period of “y” hours) for charging each vehicle
Ability to rapidly implement changes to regulations No Yes
3
Ability to adjust for requirements for local conditions or circumstances Limited Yes
Local (municipal or county level) autonomy No Yes
Stakeholder involvement Limited Yes
4
Ability for State or Province to mandate Yes Yes
Variance process No Yes
Appeal Process No Yes
Effectiveness Limited High
Implementation time frame to include EV infrastructure Years Months
Time to make changes Years Weeks
5
Harmonization with other legislation Yes Yes

Although some jurisdictions have used building code regulations requiring EV infrastructure in new
construction, these appear limited to large cities that have their own building code and any success
appears to be limited to a subset of building types (residential units). There are current initiatives in
some jurisdictions to use the building code to mandate EV infrastructure, but these initiatives would
be expected lead to the under or over-building of EV infrastructure as building regulations under the
building code are not directly associated with the use of the building.

The zoning approach represents an extension of an existing process for regulating properties and
auxiliary amenities. Zoning regulations fit all the needs for EV infrastructure regulation including;
discrimination by land use; providing for local conditions; a built-in variance and appeal processes;
and the ability to be both implemented and updated in short periods of time. The legislative
framework for using the zoning code to regulate EV infrastructure is already in place in most
jurisdictions. States and provinces also already have the ability to require local jurisdictions to
implement minimum state or province wide zoning regulations for EV infrastructure and/or require
uniform specific regulations by land use.

In summary, of the two approaches to implementing EV infrastructure regulations, the zoning code
approach is preferred as it meets all the needs for effective EV infrastructure regulations and can be
implemented in a timely manner.

2
a.k.a. Zoning bylaws or zoning ordinances
3
Some jurisdictions allow for local variances under “green” building code provisions.
4
A State or Province has the ability to require local jurisdictions to adopt general or specific building or zoning code requirements
5
There are no conflicts between the Building code and the Zoning Code or either the Building or the Zoning Code with the National
Electrical Code of Canada
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