Building Line

100 percent gone

100 percent gone

I have seen a few cases (local) where the municipality required adherence to newer?ÿbuilding setbacks?ÿwhen the property was rezoned.

An older R1 (residential) platting specified a 25' B.L.L. outside of a 33' R/W.?ÿ At some point in time an additional 17' (off of the lot) was dedicated to the city making the R/w 50'.?ÿ If one followed the B.L.L.?ÿfrom the recorded plat it was only 8' from the R/W.?ÿ The owner wanted to rezone the property to a commercial zoning and the city required a 25' setback from the new RW as part of the approval for?ÿrezoning.?ÿ I tried looking for clarification in the?ÿlocal codes?ÿto see if this was an ordinance, but it's late and my eyes are tired....

I suppose if the property were to remain?ÿin a?ÿresidential zoning?ÿthe older B.L.L. would have to be accepted.

Posted by: Jake1522

100 percent gone

Agreed- insofar as itƒ??s a setback shown graphically, adjacent to the contemporaneous right-of-way. That fixes its location in space. Only problem I could see is if itƒ??s also or instead part of a plat note that is somehow open ended regarding street-side setbacks. But if that note isnƒ??t there, setback isnƒ??t there anymore.

There are several sources of setbacks. Even if the platted setback goes away (and it may not from the information presented) ?ÿlocal ordinances will still impose a setback. Usually when additional right of way is taken, anything already in the new setback area is deemed a 'legal non-conforming use'. Extensive remodel or addition will be required to comply.