WHAT IS THE DIFFERENCE BETWEEN A SETBACK, AN EASEMENT AND A RIGHT-OF-WAY?

A setback is simply the closest distance that a structure is "set back" from a property line. An easement is a separately recorded item that designates that some other party has a right over that portion of land, although the property owner owns the underlying land. (For example, the City or other utilities may have a 5’ wide easement along a side property line, which means that they have the right to trespass over and work within that easement area.) A right-of-way is the term used for the land owned by a public agency and used for city roads and state and federal highways; the right-of-way usually extends beyond the roadway itself. (Many city roads may be between 31’ and 41’ wide within a 60’ wide right-of-way, which would also include any parkway, the sidewalk, and up to 4.5’ behind the sidewalk.) HOW DOES THE CITY’S GROWTH CONTROL ORDINANCE APPLY TO ME? The ordinance, being the Controlled Growth Management Plan (Chapter 41 of Title 11), only affects you if you’re planning to ...  more