[maddog1]

I live out in the country on 4.5 acres. I recently discovered that the code calls for detached buildings to be 25 feet off the property line. I recently discovered that I have a tractor & tool storage building on my property that is standing at 22.5 feet off the property line. This is no problem for me since I own the land & the building. There is nothing behind the building except about 200 feet of heavy woods & trees & then it opens up into the back end of a corn farm. The wooded area from my property line to the farm field acts like a barrier, & based on other building codes & regulations, it will most likely stay as unusable. I also recently found the original building permit which was signed off as OK by the building inspector.

Is this something I should worry about if I ever sell my property? If someone does a survey & the building is found to be a couple of feet too close to the line, what does it mean to me. There is nothing at all out here except my house & the storage shed all on my land. Would I need to get a variance established with the building dept. I can see a 25 foot setback in the city, but I'm 24 miles from the nearest city out here in the middle of farm country. We barely have phone service & TV out here. Very boring.
I rather not say where I'm at, but its in the south, borderline deep South.

 

[de-nagorg]

Here I was told by the code enforcement that those setbacks are so the Fire Truck can get around the building in case of a fire.

If you have the original building permit signed by the inspector, that should be enough to satisfy any picky person that you are within legal rights.


ED

 

[Bud9051]

Times and opinions change and when you sell they will usually do a survey inspection. Not an actual survey, but could easily spot that setback.

The 25' is based upon current building codes and I doubt it has to do with firetrucks, sorry to differ de-nag. Fire roads are marked and maintained.

The fact that it was signed off might weigh in your favor in getting a variance, but would not relieve the objections of some future buyer and more importantly their financial source, the bank. We are seeing more and more problems related to codes and building requirements not being followed. The last surveyor I called to verify a line came out with a GPS and set my stakes in 30 minutes, very accurately.

Since you haven't violated the setback as you just discovered that it was not in compliance you could present your case before the town engineer and ask for advice. Getting approval or getting the issue resolved today might be a whole lot easier than 10 years down the road. Today they may remember who that signature belongs to.

Bud

 

[ryansdiydad]

You are fine. It was permitted/approved by the city. You don't have an issue.

 

[hyunelan2]

This is something I deal with every day. In my opinion and based on the local ordinances I enforce, what you have would be a legal non-conformity. It was installed legally, with permits. However it does not conform to the requirements of today. In the instance of a legal non-conformity, it is allowed to exist and continue. However, should the building become damaged beyond 50% (value of repair vs. value of new construction) it must be brought into conformity. In this case, you'd have to move the building over to the proper setback when you rebuild it. Additionally, the non-conforming use is not allowed to be expanded upon. It can be maintained (roof, siding, etc.), but you couldn't make it bigger or put on a second story or something like that.

You could file for a variation with the building/zoning department, however simply because the building exists today and is over the line is not a "hardship requirement" that would authorize a variance. Planning & Zoning Commissions have different rules and guidelines depending on what part of the country you are in, I can only speak for the rules I work under.

 

[de-nagorg]

Bud posts:

The 25' is based upon current building codes and I doubt it has to do with firetrucks, sorry to differ de-nag. Fire roads are marked and maintained.

That is still what the local code enforcement officers are told to tell any person looking to erect outbuildings in my county by the Comission.


ED

 

[Bud9051]

I'll ask, does that make sense? There is no easement onto the perimeter of the property requiring the homeowner to keep it passable, eliminating, trees, landscaping, fences, or anything else the home owner wants to put there other than a building. When the lot sizes are small they reduce the setback to make for living space. Once a lot gets big they feel the need to give each neighbor a little elbow room. Granted, in this case there are no elbows next door, but the building code applies to all rural properties. I'm assuming that as I have no knowledge as to the specifics in the ops community.

If they are using that as the excuse, their bad.

Bud

 

[Colbyt]

There are many thousands possibly millions of buildings that do not meet the most current setback rules. In most cases they meet the rules that existed at the time of construction. IMO, there is absolutely nothing to worry about until the building needs replacing.

I have several garages that are on the property line. If I ever tear them down and rebuild the city will enforce the newer setback rules, but until then no really gives a crap.

 

[Bud9051]

Good point Colby, we don't know what the setback rules were when the building was constructed.

Bud

 

[Oso954]

The 25' is based upon current building codes and I doubt it has to do with firetrucks, sorry to differ de-nag. Fire roads are marked and maintained.

That is still what the local code enforcement officers are told to tell any person looking to erect outbuildings in my county by the Comission.

Are you positive it is firetrucks and not Fire Safe ?

We have 30 ft setbacks for Fire Safe program purposes. It puts the 30 feet of property between your building and the neighboring property. By controlling what is between your building and the neighbors property, you can significantly slow down a fire and create a defensible space to protect your building from fire originating on or coming thru the neighboring parcel.

Fire Safe has many aspects to it, I just addressed the setback provision.

 

[de-nagorg]

They state Firefighting equipment.

Here that is Heavy duty 4X4 Trucks with water tanks and pumps and crew to operate it.

They also will cut your fence at the corners to gain access if needed, and do not even apologize, nor repair the fence.

Repair is the property owners responsibility.

Codes are different from place to place, so what is rules here in the "WILD WEST", is probably not relevant anywhere else.

No it does not make logical sense, but does any government action really make sense?

ED

 

[maddog1]

As the original poster of the setback question- I want to thank everyone who responded to my question.

The one issue I would like to clear up regarding fire trucks. There is absolutely no way any kind of fire fighting or other live saving equipment could ever get through the wooded area behind my barn. The setback rule of 25' would not work here as to allowing fire & rescue to come in. They would have to do that from the main road on the front side of my property.

Since the building inspector has signed off on it, I feel ok. Also I do not plan on ever changing the building or enlarging it as it's just storage for my tools & tractor. I do understand that in future it could be an issue possibly with a buyers bank or in a rebuild issue. Thank you all for the very good advice & comments!:vs_karate:

 

[hyunelan2]

I do understand that in future it could be an issue possibly with a buyers bank or in a rebuild issue. Thank you all for the very good advice & comments!:vs_karate:

It's probably not even an issue with them, as it could be rebuilt, just moved over a few feet. This becomes more of an issue if there were a rule change that no-longer allowed you to have the building. Then, if it were damaged/destroyed you could not rebuild it. That's when some lenders get iffy on whether they want to issue a mortgage on the property.