Help with county setback rules!

[snowbunny chaser]

So, i'm am in the planning stages of building a shop on my property. I looked at my subdivision covenants and it states (No building shall be located on said lot nearer then ten feet from the lot line). So i take that to be fact. I called my county inspector and he told me that the county rules are 10 feet on the sides and 20 front and back. He also told me that he can't tell me what mine need to be since i live in an area with a Covenants coving this issue and that i need to go by what they say.
So my question is, can a Subdivision covenants superceed a county law?
I am kinda at a loss of what to do since i need to get to the property line as close as possible and noone has an anwser.

Thanks

Oh ya, there are two other homes in my sub division that have built shops that are alot less then 20 feet to the back line and the subdivision manager told me he didn't know how they could have gotten away with it. So i don't know!?

 

[94fordguy]

So, i'm am in the planning stages of building a shop on my property. I looked at my subdivision covenants and it states (No building shall be located on said lot nearer then ten feet from the lot line). So i take that to be fact. I called my county inspector and he told me that the county rules are 10 feet on the sides and 20 front and back. He also told me that he can't tell me what mine need to be since i live in an area with a Covenants coving this issue and that i need to go by what they say.
So my question is, can a Subdivision covenants superceed a county law?
I am kinda at a loss of what to do since i need to get to the property line as close as possible and noone has an anwser.

Thanks

Covenants are basically additions on top of the county laws. In your situation, you cannot build closer to the rear or front lot lines than 20 ft (per county ordinance) without getting a variance (or maybe an administrative adjustment) from the county. Kind of a strange covenant for them to have since the county is more strict in this case...

 

[buck50]

like ford said, maybe the neighbors got setback allowances from the county! i see it in the county i live in all the time. they usually put it in the paper and give people a chance to biatch about it. if no one does, they USUALLY let you go a head with it

 

[snowbunny chaser]

thanks? j guess j will be having a sit down with the inspector tomorrow!

 

[PJ-Hunter]

Are you in City Limits or not? Sometimes County setbacks are superceded by the local municipal or, in your case the Homeowner's Covenants. Either way, you need to play your hand carefully because both entities can mess up you plans. Schedule a DRB (Design Review Board) meeting with both and try to figure out who holds the controlling setback. Then you may proceed with your plan. As a Surveyor I see this all of the time and more often than not the results can be very costly to correct.

 

[Rmk900rider]

Always go with county. On another note you need a builder for that shop.

 

[slyrydr]

i had the same problem....however, i live on a hill....and in the codes, there was an allowable variance if you had so much grade, you could build 10ft closer to the property line....so i measured from the high point to the low point on the property, which was diagonally, got the necessary grade and built with no problem......don't know if this might apply to you also, but in my area, if the addition is "attached" to the main dwelling, the set-back is different than if it is a "free standing" building...

 

[snowdad4]

typically the subdivision covenants will supercede the county requirements as your accessory structure will have to fall in line with the guidelines per covenants and be approved by the homeowners association or developer. the county wont care, but your neighbors sure will.

 

[kiliki]

I imagine the CCR were written by a developer who develops both in urban and rural areas and the setbacks are an error.


Go with the County. In my neck of the woods, the CCRs do not supercede the adopted code. Especially if the CCR requirement is less than the code. You should check with the planning/building department for the county.

http://www.co.nezperce.id.us/Departments/PlanningandBuilding.aspx

Someone mentioned a variance, which you generally need a hardship to get one approved. I have attached a link for the Nez Perce County Code (look at page 57).

http://www.co.nezperce.id.us/Portal...nce/Nez Perce County Zoning Ordinance 72z.pdf

State Statue

TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 65
LOCAL LAND USE PLANNING
67-6516.Variance -- Definition -- Application -- Notice -- Hearing. Each governing board shall provide, as part of the zoning ordinance, for the processing of applications for variance permits. A variance is a modification of the bulk and placement requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. Prior to granting a variance, notice and an opportunity to be heard shall be provided to property owners adjoining the parcel under consideration. Denial of a variance permit or approval of a variance permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby.

 

[snowbunny chaser]

I imagine the CCR were written by a developer who develops both in urban and rural areas and the setbacks are an error.


Go with the County. In my neck of the woods, the CCRs do not supercede the adopted code. Especially if the CCR requirement is less than the code. You should check with the planning/building department for the county.

http://www.co.nezperce.id.us/Departments/PlanningandBuilding.aspx

Someone mentioned a variance, which you generally need a hardship to get one approved. I have attached a link for the Nez Perce County Code (look at page 57).

http://www.co.nezperce.id.us/Portal...nce/Nez Perce County Zoning Ordinance 72z.pdf

State Statue

TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 65
LOCAL LAND USE PLANNING
67-6516.Variance -- Definition -- Application -- Notice -- Hearing. Each governing board shall provide, as part of the zoning ordinance, for the processing of applications for variance permits. A variance is a modification of the bulk and placement requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. Prior to granting a variance, notice and an opportunity to be heard shall be provided to property owners adjoining the parcel under consideration. Denial of a variance permit or approval of a variance permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby.

WOW, Look at you go! Hope you didn't spend to much time looking for all that.

Thanks, SBC

 

[kiliki]

WOW, Look at you go! Hope you didn't spend to much time looking for all that.

Thanks, SBC

You're welcome.

 

[Snoboner]

County has nothing to do with CCRs of a sub division or development.CCRs fall under Civil Court. In other words... County issues a permit based on thier codes and rules. If the permited project does not fall into the CCRs the Homeowners Assoc. or a Resident of the Subdivisions only recourse is Civil Court. Sounds like the non conforming shops were built according to County guidelines and no one in the Subdivision took offense to it. Can be risky if they decide to sue for them to conform.

 

[CleElum Sledhead]

Sounds like you got some pretty good advice, so I probably don't need to chime in, but I did want to mention that both CCRs and County Codes doe apply to your lot.

CCRs are usually written more restrictive than county codes to keep up the higher quality desired for a particular neighborhood, and county codes are updated over the years, where as CCRs are very infrequently updated and require a vote of the majority of the lot owners within the development.

You should also note that usually the CCRs have a disclaimer that says something like "nothing in these CCRs is intended to negate current county code, so whichever is more restrictive applies, but the remainder of the CCRs are still valid and enforceable".

So for instance the county code may allow pole buildings with metal siding for separate garage/shops, but many times CCRS do not allow these type of structures. CCRs may even say no metal roofs, where they are allowed by the county code. In these two examples, the CCRs outwieght the county code because they are more restrictive and neither would be allowed in the development that contains those CCRs, but might be allowed in the adjoining development with less restrictive CCRs.

So for your instance the 20 foot front and back count code would apply (more restrictive than the 10 foot setback). My guess is that the county code used to be 10 foot front and back, the CCRs were drafted to match, and then the county code was revised at some later date and the CCRs still reflect the old setback.

 

[snowbunny chaser]

Sounds like you got some pretty good advice, so I probably don't need to chime in, but I did want to mention that both CCRs and County Codes doe apply to your lot.

CCRs are usually written more restrictive than county codes to keep up the higher quality desired for a particular neighborhood, and county codes are updated over the years, where as CCRs are very infrequently updated and require a vote of the majority of the lot owners within the development.

You should also note that usually the CCRs have a disclaimer that says something like "nothing in these CCRs is intended to negate current county code, so whichever is more restrictive applies, but the remainder of the CCRs are still valid and enforceable".

So for instance the county code may allow pole buildings with metal siding for separate garage/shops, but many times CCRS do not allow these type of structures. CCRs may even say no metal roofs, where they are allowed by the county code. In these two examples, the CCRs outwieght the county code because they are more restrictive and neither would be allowed in the development that contains those CCRs, but might be allowed in the adjoining development with less restrictive CCRs.

So for your instance the 20 foot front and back count code would apply (more restrictive than the 10 foot setback). My guess is that the county code used to be 10 foot front and back, the CCRs were drafted to match, and then the county code was revised at some later date and the CCRs still reflect the old setback.

Thanks for the info! I'm still trying to get ahold of the Inspector to ask him a few Questions. I guess he must have taken the entire holiday season off!

 

[Snoboner]

All of the above is true. However, the county has no jurisdiction regarding CCRs. I would say that the CCRs you have in the Subdivision are more restrictive from an asthetic point of view. Most city or county setbacks are front: 20'. Side: 5'. Rear : 10'. If it a two story dwelling then side and rear increase by 5'. In other words, the county cannot refuse to issue a permit if your plans conform to their codes and provisions regardless of a subdivisions CCRs. I'm not saying to disregard CCRs, just keep in mind the seperation.