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Can a lake community have different setback requirements for lakeside and non-lakeside homes?

Can a lake community have different setback requirements for lakeside and non-lakeside homes?

Q: What is the term for the distance between the building and the property line?

The term for the distance between a building and the property line is known as a 'setback.' Setbacks are established by local zoning ordinances and can vary based on property type and zoning district. They are designed to ensure adequate space between structures and property lines for safety and aesthetic reasons.

Full question:

I own property in a 'Lake community'. The back line setback for lakeside homes is 50' but for non lakeside homes it is only 20'. The more restrictive zoning on lakefront homes stops my ability to enjoy water related activies such as covering a deck or building a dockside bar. Can they have two different back line setback requirements for the same community?

Category: Zoning
Date: 04/07/2025
State: Ohio

Answer:

It may be possible to seek a special use permit or variance to address your concerns. A variance allows for the use of land in a way that differs from the zoning ordinance, providing relief from certain requirements. To pursue this, you typically need to complete and file an appeal form according to local procedures, detailing the specific reasons for your appeal.

An appeal can be initiated by the property owner or others who are affected by a decision made by the building inspector or zoning authority. I recommend contacting your local zoning board or land use commission for guidance. Additionally, consulting a local attorney may help clarify your options and the necessary steps.

For further reference, you can review the local ordinances regarding setbacks and zoning regulations.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do you value a waterfront property?

Valuing a waterfront property typically involves considering several factors, including location, size, and condition of the property. Proximity to water can significantly increase value, as can views and access to recreational activities. Local market trends and comparable sales in the area are also important. It's advisable to consult a real estate appraiser familiar with waterfront properties for an accurate valuation.

How close to back property line can I build?

The distance you can build from the back property line is determined by local zoning regulations, which specify setback requirements. These can vary based on property type, such as lakeside or non-lakeside homes. Typically, you will need to check with your local zoning authority to understand the specific setback rules applicable to your property.

What is the term for the distance between the building and the property line?

How close can a building be built to a property line?

The minimum distance a building can be constructed from a property line is defined by local zoning laws, which set specific setback requirements. These requirements can differ for various property types, such as residential or commercial. To determine the exact distance allowed, you should consult your local zoning authority or building department.

What is a setback vs easement?

A setback is the required distance between a building and a property line, established by zoning regulations to ensure space and safety. An easement, on the other hand, is a legal right to use another person's land for a specific purpose, such as utilities or access. While setbacks restrict building locations, easements grant certain usage rights over a property.

What types of land use restrictions are typically enacted by a local zoning ordinance?

Local zoning ordinances often impose various land use restrictions, including limitations on building heights, density, setbacks, and land use types (residential, commercial, industrial). These regulations aim to promote orderly development, protect property values, and ensure compatibility among different land uses. It's essential to review local ordinances for specific restrictions applicable to your area.