While performing a Survey, (in PA) for a clients bank loan, I had to show the as-built foundation to be sure it was within the property boundaries. But while creating the Plat I added the setback lines as stated on the recorded plan. The recorded plan specified the setbacks as: Front Yard 30', Rear Yard 60, and Side Yard 25'. The foundation was approximately 3/4 over the Side Yard setback line. As you can imagine the client was a taken by this and asked were I got those setbacks. I had informed my client that they are on the recorded subdivision, to which he replied that the Zoning Office informed him that those stated on the plan are void since the Zoning Ordinance was adopted after the plan was recorded and the new Zoning Ordinance now governs over what is on the recorded plan. My client used the setbacks from the ordinance which are: Front Yard 30', Rear Yard 20', and Side Yard 10'.
I have contacted the County Zoning Office and their Solicitor and tried to say as nice as I could how i thought they are wrong. The Zoning Ordinance establishes “Minimum Building Setbacks”. If a Subdivision Plan is recorded, whether its recorded before or after the Zoning Ordinance is adopted, the owners of the lots within that Subdivision Plan are bound by the setback requirements as shown and stated on the Subdivision Plan and/or the recorded Covenants and Restrictions within the deed for that lot or as referenced in the deed for that lot, for the particular Subdivision Plan. These are set in place to both restrict and protect the lot owners within the Subdivision Plan.
Since the Zoning Ordinance establishes only “Minimum Building Setbacks” a property owner deciding to create a Subdivision Plan, has the right to establish a setback that is greater than the “minimum setbacks” as required by the adopted Zoning Ordinance.
Am I off track with this? If anyone has some information I can use for back up to my arguement it would be appreciated.