How do you dispute a zoning code violation?

[grinningghost]

We just had our driveway widened. Looks great. Works great with 2 cars.

Just got a letter saying I am in violation of the zoning code and I must remove the extension within 15 days or face unspeakable punishments.

Of course, I get this letter on Saturday when there's nobody to call and ask about it.

Anyone ever try to fight something like this? I don't know where to begin.

 

[KathyTX]

I think the answer will depend on where you live, and your local zoning laws...

Did they say in what way you're in violation of the zoning code? For instance, did you use an unapproved material for the expansion, or is the driveway now too close to a property line?

 

[grinningghost]

Originally posted by KathyTX
I think the answer will depend on where you live, and your local zoning laws...

Did they say in what way you're in violation of the zoning code? For instance, did you use an unapproved material for the expansion, or is the driveway now too close to a property line?

Yes. Too close to a property line. Which I probably should have checked on, but we did ask the next door neighbor if he minded us widening, and he said it was OK with him. I guess I'll just wait for Monday and see what, if anything, can be done. The thought of ripping the driveway out is making me sick. And the cost? Oh, I can't even think about it.

 

[BostonTigger]

Originally posted by grinningghost
Yes. Too close to a property line. Which I probably should have checked on, but we did ask the next door neighbor if he minded us widening, and he said it was OK with him.

Maybe you could have the neighbor write a letter stating that he said he wouldn't mind. Just a thought, hope this helps.

BT

 

[grinningghost]

Originally posted by BostonTigger
Maybe you could have the neighbor write a letter stating that he said he wouldn't mind. Just a thought, hope this helps.

BT

Not a bad idea. Thanks. Of course, my neighbor is on a DISNEY CRUISE right now. But he'll be back - we all know those Disney vacations don't last long enough.

 

[FroggyinArk]

you shouldbe able to get a waiver, get the letter, or better have neiughbor accompany you, see code officer and foind out what a waiver costs,, can bet if trhe price is right it will be passed, they probably got upset that you didnt buy a permit or something first

 

[parmtoo]

This could be a long process..........Did you apply for a permit? You may need a waiver, or varience. We are in the process of selling land, (NJ), and there are all kinds of new building codes. This has been going on since Feb! We are hoping for news about the deal next month. Good luck.......................

 

[JayBee]

My subdivision has rules about how close a building can be to the property line....but I never heard of restrictions to driveways! Is it possible to open car doors without them "swinging" past the property line?

 

[DebbieB]

I wonder if someone in your neighborhood reported it. I think it is strange that your widen your driveway and all of the sudden you get this letter. How did your local government know about it unless someone complained?

Where I live, someone has to complain for them to do something about things like this, they don't drive around looking for violations. I wouldn't be surprised if your neighbor realized he could get some $$ for an easement.

 

[grinningghost]

I was thinking the same thing. Someone must have reported it, because it all came down very quickly. No permit is required for driveways (but believe me it's required for just about everything else), but I suppose I should have looked into the rules ahead of time. My mistake.

I do hope they will grant a waiver or a variance, even if it costs me. It can't possibly cost as much money and aggravation as having the extension removed.

I also don't suspect my next door neighbor as the whistle blower, I think maybe it's the woman a few houses down. She has a major beef going with her next door neighbor, who my DH happens to be friends with.

 

[Lewski709]

No one necessarily has to report it. They could be driving around, that is how they check violations, checking on premits and things like that. When they saw the new pavement or blacktop, they probably checked into whether you had a permit or not.

 

[Mskanga]

I think it is strange that your widen your driveway and all of the sudden you get this letter. How did your local government know about it unless someone complained?

In our community nobody has to call , the township drives around to check on things especially because we have new houses being built.

 

[robsmom]

It seems to me if there is no permit required for something there should not be rules about it. The whole point of requirming permits is to ensure that what a person is building meets the code. If there are rules required for your driveway then the township should have required a permit. I think that you will be able to win especially if your neighbor agrees to it. Did you ever receive a copy of any rules? if not, i would argue that you can't be held to them.

 

[Lynn CC]

If you didn't get a special permit to do the work in the first place they could make you tear it up and start over.

My neighbor built his garage over the zoning guidelines by 8.2 feet over the side setback (it's supposed to be 15'. They are making him take it down. He got a lawyer and took the town to court, he lost then he took them to superior court and lost again. He hasn't taken it down yet. It must be costing him a fortune with all the lawyers and court fees etc.

They also made him take down his shed (which was quite large) because it was too close to the back lot line. He tore that down already. Also, he installed gas pipes that were on our property which he had to have the gas company remove and he extended his driveway 9' over to our property which he had to have torn up. WHAT A MESS!
Now the town is saying that his inground pool is in violation as well.
He's NOT a nice neighbor at all, He's the type that thinks he's above the law, obviously doesn't think the rules pertain to him.

Good luck to you, I think the letter from your neighbor will help, but don't be surprised if you have to remove the part that is in question.
They always send those letters out on a Friday, I think they want people to suffer a little bit over the weekend LOL...just go down to your town's building department on Monday....as you have seen it could be a lot worse!

 

[Lewski709]

Originally posted by robsmom
It seems to me if there is no permit required for something there should not be rules about it. The whole point of requirming permits is to ensure that what a person is building meets the code. If there are rules required for your driveway then the township should have required a permit. I think that you will be able to win especially if your neighbor agrees to it. Did you ever receive a copy of any rules? if not, i would argue that you can't be held to them.

Problem being that people do all kinds of things without getting the permit, which would ensure the codes were originally followed. They don't know the codes and attempt to avoid getting a permit because they think they do or don't want to pay for it.

Basically, if you complete the job without a permit and there is no violation, there is no problem. I think that's what the OP was trying to do in this case. A lot of people do it. But, unfortunately, here is one of the ramifications.

 

[grinningghost]

What really gets me irked is that we recently put in a pool, which we got a permit for. We had extensive electrical work done for it, we had it inspected which cost us a good buck. But the town was satisfied.

Now we're putting in a deck. Got the permit, got the post holes inspected before pouring the concrete. They weren't wide enough. We had to have the post hole guy come back and re-drill the holes bigger. More money. Inspector came back - all good. And now it has to be inspected again when it's done.

We've dumped so much money, time and effort into appeasing this town and it's codes - I really do hope they take all that into consideration. Especially considering a permit isn't required to enlarge a driveway.

 

[Lewski709]

You should have no big problem then with a letter from the neighbor. Especially since no permit was required. Are you positive on that?

I know how frustrating those dang permits are. They want them for replacement window even. WHY? We are replacing something that is already there.....<a href='http://www.smileycentral.com/?partner=ZSzeb008' target='_blank'><img src='http://smileys.smileycentral.com/cat/23/23_4_121.gif' border=0></a>

 

[grinningghost]

Oh boy... my REALLY nervous Dad just called me. He said he was unable to sleep last night thinking about this.

He gave me about 5,000 things to ask the town when I speak with them tomorrow. I think this might be the thing that causes him to have a fatal heart attack. I really hope I can resolve it or I don't think he's gonna make it.

 

[JayBee]

Wait! I've got a very devious idea.....buy a bunch of one foot squares of grass and put them on top the concrete to look like you dug up the concrete and put in grass!

 

[tonyswife]

What a ridiculous thing for a town to be worried about. I'm not sure what I find more disturbing; that a neighbor is so bored and petty that they report such a violation or that the town actually runs around looking for violations.

I hope you get it worked out adn that Big Brother doesn't force you to waste thousands of dollars.