A contractor is building a warehouse in an area zoned M-1 (Light Industrial). The project requires a 15-foot side yard setback, but the contractor discovers the building is only 12 feet from the property line. What action should be taken?
Correct Answer
B) Stop work and apply for a variance or modify the building location
Work must stop immediately when setback violations are discovered. The contractor must either apply for a variance through the proper zoning process or modify the building location to comply with zoning requirements before continuing.
Why This Is the Correct Answer
When a setback violation is discovered during construction, work must cease immediately to prevent further non-compliance. Florida building codes and zoning ordinances require strict adherence to setback requirements, and continuing work would compound the violation. The contractor has two legal options: apply for a variance through the local zoning board or modify the building location to meet the required 15-foot setback. Proceeding with either option ensures compliance with local zoning laws and prevents potential legal issues, fines, or demolition orders.
Why the Other Options Are Wrong
Option A: Continue construction and request a variance after completion
Continuing construction after discovering a violation is illegal and can result in stop-work orders, fines, and potential demolition requirements. Requesting a variance after completion puts the contractor at risk of having to demolish the non-compliant structure if the variance is denied.
Option C: Continue construction as the 3-foot difference is within tolerance
There is no 'tolerance' for zoning setback requirements - they are absolute minimums that must be met. A 3-foot shortage represents a 20% violation of the required setback and is a significant zoning violation that cannot be ignored.
Option D: Contact the property owner to purchase additional land
While purchasing additional land might theoretically solve the problem, it's not a practical immediate solution and doesn't address the current violation. The contractor must stop work immediately and pursue proper legal remedies through zoning processes.
Memory Technique
Think 'STOP and SWAP' - Stop work immediately, then choose to Swap location or apply for variance
Reference Hint
Florida Building Code Chapter 1, Administration section on violations and enforcement procedures, and local zoning ordinances section on setback requirements
More Contract Admin Questions
A project experiences a 30-day delay due to unusually severe weather. The contract includes a liquidated damages clause of $1,000 per day for delays. If the weather delay is excusable but not compensable, what liquidated damages apply?
A commercial project requires a total of 12 inspections. The building department charges $85 per inspection for the first 5 inspections, $65 for inspections 6-10, and $45 for any additional inspections. What is the total inspection fee?
What document must be posted at the job site before a Certificate of Occupancy can be issued for a commercial building?
A mixed-use development requires a variance for reduced setbacks. The property is located within 500 feet of a hospital. What additional consideration must be addressed?
A LEED project requires tracking of regional materials. Materials are considered regional if they are extracted, harvested, or recovered, as well as manufactured within what distance of the project site?
People Also Study
Business & Financial Management
120 questions · 70% to pass
Project Management
60 questions · 70% to pass
Previous Question
You've scheduled a foundation inspection for 2:00 PM, but concrete pour delays mean the foundation won't be ready until the next day. What should you do?
Next Question
During a construction coordination meeting, the electrical subcontractor reports they cannot install conduit in the area where mechanical ductwork is scheduled. What should the general contractor do first?