36. The zoning ordinance setback is 25' for the zone in which a subdivision is located. The subdivision covenants stipulate that buildings must have a 35' setback. A builder who wishes to build a house in this subdivision must adhere to a minimum setback of
Answer: C
The minimum setback a builder must adhere to is 35'
In this case, the builder must comply with the subdivision covenants that require a 35' setback, as they are more restrictive than the zoning ordinance, which only requires a 25' setback.
A) 25', because zoning ordinances always take precedence over covenants
This option is incorrect because while zoning ordinances generally set the minimum requirements for land use, subdivision covenants can impose stricter standards. In this instance, the subdivision's 35' setback requirement is more stringent, and thus it takes precedence.
B) 25', because the builder's deed would require compliance with zoning ordinances, but not the subdivision covenants
This choice is incorrect as it overlooks the enforceability of the subdivision covenants. The covenants are part of the property deed, and therefore the builder must comply with them, which in this case means adhering to the 35' setback.
C) 35', because the more restrictive condition always takes precedence
This option is correct because, in land use regulations, when there is a conflict between a zoning ordinance and a subdivision covenant, the more restrictive condition applies. Here, the subdivision's requirement for a 35' setback is the more stringent standard that must be followed.
D) 35', because covenants always take precedence over zoning ordinances
Although this option correctly identifies that covenants can be more restrictive, it incorrectly suggests that covenants always take precedence in every situation. The principle that the more restrictive condition prevails is the key factor, not an absolute precedence of covenants over ordinances.
Conclusion
The builder is required to adhere to a 35' setback as per the subdivision covenants, which are more restrictive than the zoning ordinance's 25' requirement. Options A and B fail to recognize the enforceability of the covenants, while option D incorrectly implies an unconditional precedence of covenants. Thus, option C is definitively correct as it aligns with the principle of enforcing the more stringent regulations.