I have a new Attorney client who is very sensitive to zoning concerns.
My practice for the last 20 years is to show the setbacks as they are shown on the record plat. If there are none shown, I don't put anything If the client wants the zoning setbacks I think they should get them from the horses mouth. New client wants me to put current zoning on all the surveys they order. I am not comfortable with this at all.
Do any of you certify setbacks?
How about ancient CCRs and the tension between those and zoning?
My area may be different than yours. We almost always put setbacks on the plan. Sometimes I put two sets, one per the record map and another per the current regulation. I view setbacks as an encumbrance on the property, so I add them, and almost all surveyors around here do, so its a basic standard of practice.
> I have a new Attorney client who is very sensitive to zoning concerns.
> My practice for the last 20 years is to show the setbacks as they are shown on the record plat. If there are none shown, I don't put anything If the client wants the zoning setbacks I think they should get them from the horses mouth. New client wants me to put current zoning on all the surveys they order. I am not comfortable with this at all.
> Do any of you certify setbacks?
> How about ancient CCRs and the tension between those and zoning?
No, we don't typically certify setbacks or other similar zoning concerns. We always suggest a call to the local Building and Zoning official for the latest and greatest.
> Do any of you certify setbacks?
> How about ancient CCRs and the tension between those and zoning?
No. I do not ever certify setbacks or zoning classifications. Those things tend to blow like the wind. Once had a client who called and told me what he was planning to do with property he was buying. I told him the planning folks would never allow that because it wasn't allowed by the rules. He told me he had just come from the planners office and they made no objection.
I called the planner to ask and was told that they couldn't tell the man no until after he had spent his money. Then they would tell him it wasn't allowed.
Trust me, you do not want to be the surveyor saying what is (or isn't) allowed. Stick with stating facts. This form from that office dated this date defines this distance. That is a fact. Saying the setback is 20 feet is an opinion.
Larry P
I will show setback lines if they are clearly stated, but generally the restrictions seem to be written in Mandarin Chinese so the city officials can interpret them the way they want. I can't and won't show them based upon my interpretation.
I put a note on my plats years ago stating "no examination of zoning compliance".
This was after a seminar where a Surveyor-Attorney said that an opinion as to any zoning requirement could infer that, after a careful examination, the lot and improvements meet ALL zoning standards and you just certified such. Seemed like a stretch, but...
I'd like to find a way to provide this for them but I don't think I can certify someone else's work or opinion on my plat.
What about if the property was granted an exception, are you goint to search the planning commission and zoning records. I would note the zoning classification, show the setbacks to the buildings, State the data per the zoning manual (if there is one) and let them decide. Zoning is a legal matter. Surveyors in my area aren't permitted to represent a client for zoning exceptions and the like.
I have infrequently been asked to include some sort of verbiage on a survey concerning zonings (height & setbacks, etc.).
I usually explain to the client if a specific ordinance is provided, I will indicate on the survey how the improvements fit that criteria. Other than that I leave it alone.
What I do is state the current zoning classification in a table form per whatever section is applicable. Many plats here have setbacks on them so I will show them as well in table form.
Then in the notes I will say that compliance with zoning has not been determined by this survey and zoning is subject to change...that will usually satisfy the client. I only do this if specifically asked.
> My area may be different than yours.
Apparently like politics, all surveying is local. Where I live the subdivision design requirements are intertwined with the zoning requirements.
A surveyor who isn't as well versed in the zoning ordinance (and other land development related ordinances) is basically cutting himself out of any land development related work.
We almost always have the current zoning requirements on our plans. It helps so much when you find an old plan and have to sort out what the zoning was on the property 30 years ago.
As far as setbacks to the existing structures, we will show those as well. We will show the record if our disagree considerably.
As far as a certification to compliance with zoning: That is a legal opinion and must be issued by an attorney.
I don't see how setbacks aren't fact, but that's me. Setbacks are encumbrances on property, just as easements are. It's a fact that they exist, and our clients should rely on out interpretation of said facts. Now, as I said, maybe surveyors in other areas of the country may not put setbacks on as part of their standard of care, I get that. But around here almost all surveyors put them on the map. I may need to go sit with a city Z.E.O. and get his written opinion on where they should be, but once I have that, they go on the survey, with a note saying setbacks per ZEO on xx/xx/xxxx.
In my area only a ZEO can certify a property as being zoning compliant.
If I am working off of a recorded plan with setbacks shown I show them on my survey and note (per plan). I also put a note on my surveys stating "This property is subject to all reservations, easements, right of ways, building setbacks and other matters contained in prior instruments of record"