Can a cities building requirements change subdivision requirements?

UPDATED: Nov 9, 2011

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Can a cities building requirements change subdivision requirements?

I purchased 2 lots 10 years ago in a subdivision. The building requirements for the subdivision are 25 feet from the rear line for accessory buildings. The city ran a legal ad in the local paper to change the cities building requirements. The city counsel voted the change in. Is this change legal? A landowner has built a building that is suppose to be at least 10 feet from the rear line by the new requirements but one corner is at 8.5 feet. Can I take legal action against him?

Asked on November 9, 2011 under Real Estate Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The general plan for land development and zoning changes can be changed by the given municipality depending upon the members of the governmental entity that can vote for the change after public comment is given after notice of the planned change is published per the state's given code.

If the vote passes for the change, then the change is legal unless some stautory or Constitutional violation has resulted. As to the landlowner that has not complied with the new ordinance and set back rules, you cannot per se take legal action against him, rather the entity in charge of zoning and code enforcement can. Good question.

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