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Verifying setbacks

Richmond Jake

You can't fight in here. This is the War Room!
Messages
18,313
Points
44
I've been directed by our board to amend our ordinance to require a landowner to have a licensed surveyor verify that required setbacks are provided (if the question arises). Does anyone have an example of this? Thanks in advance for your help.
 

boiker

Cyburbian
Messages
3,890
Points
26
RichmondJake said:
I've been directed by our board to amend our ordinance to require a landowner to have a licensed surveyor verify that required setbacks are provided (if the question arises). Does anyone have an example of this? Thanks in advance for your help.
I can't say that I have seen this put to practice, but I have advised concerned residents a number of times to get survey's if they want to know the maximum extents they are able to build on their property.
 

Chet

Cyburbian Emeritus
Messages
10,624
Points
34
Yes, the City I just left did this. I'll PM you with the name and phone # of the people there.
 

michaelskis

Cyburbian
Messages
19,966
Points
49
Hands On

For all new development, the contractor or developer is required to stake the property lines and building corners, and then my self or the other ZA will go out and measure to make sure the measurements and setbacks are correct based on our city records. If it is too close to call or something does not match up right, we “recommend” that the property get surveyed.

(I get to go play out side and do field work almost every day now!!!)
 

GeoTech

Cyburbian
Messages
33
Points
2
I wouldn't write that into law. I would use some discretion while reviewing a project, variance, ...whatever. Having that type of requirement be law may be a little overburdensome on the small guys. Have them provide the legal survey or copy of it and let squabbling adjacent property owners provide theirs. If they are in conflict let them figure it out in civil court.
 

Richmond Jake

You can't fight in here. This is the War Room!
Messages
18,313
Points
44
GeoTech said:
I wouldn't write that into law. I would use some discretion while reviewing a project, variance, ...whatever. Having that type of requirement be law may be a little overburdensome on the small guys. Have them provide the legal survey or copy of it and let squabbling adjacent property owners provide theirs. If they are in conflict let them figure it out in civil court.
I couldn't disagree with you more, GT. If a city or county goes to the trouble of adopting zoning regulations, they better be prepared to enforcement them.

Shall we take your presepective a few steps further and have people take their neighbors to court each time a sign is erected that is too large, when too few off street parking spaces are provided for a new use, when a building is constructed over height, when a lot is created that does not comply with subdivision standards, or a use is established that's not allowed in the zone district? Hell, there'd be no need for a planning department....oh, wait.
 

Duke Of Dystopia

Cyburbian
Messages
2,713
Points
24
RichmondJake said:
......Shall we take your presepective a few steps further and have people take their neighbors to court each time ........
I don't think that is what he was getting at. I think what was intended was that an ambiguous property line should be detirmined by the abuting property owners.

I have seen many cases where people believed a property line was one place, only to find it was off a few feet or yards in another direction. This should be handled by the individual property owner. The city just sticks code into its ordinance saying no project with an indefinate property line may procede. That would put the onus on the property owner wanting to modify thier site.

If you have a GIS system, why not go all the way and require that boundary verification be required with an acurate electronic/GPS locational points to give to your GIS department for updating when the project completes the process?
 
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