مرکز منطقه ای اطلاع رساني علوم و فناوري - Investigation of Constructed Facilities within Building Setback Lines according to Zoning Law

Abstract :

It has been observed that there has been an increase in the number of unpermitted small commercial buildings constructed within the building setback lines after the State Government passed the Law 4207 banning smoking in all public places. These makeshift buildings constructed utilizing various materials are usually located adjacent to or in front of restaurants, bakery stores, coffee shops and cafes. Authorities Having Jurisdictions (AHJ) currently are not enforcing the city zoning laws and considering buildings within the setback lines as part of property ownership rights. This study illustrates the buildings that are out of compliance with setback line requirements; evaluates them from a point of view of city zoning ordinances; and addresses how these buildings interfere with existing structure appearance harmony.When the illustrated examples in this study are evaluated from a point of view of city zoning ordinances and based on the articles 12 and 34 of the “No:3194 City Zoning Laws” and article 23 of the “Turkish Typical City Zoning Law”. It is clear that unpermitted enclosed facilities and canopied gardens are violation of Zoning Laws and interfere with existing structure appearance harmony. These ignored violations, whether deliberately or unintentionally, will disturb the neighborhood’s appearance, diminish the quality of life and disrupt urban living standards. Lack of oversight by the local governments will create unsolvable problems and will condemn the city residents to unhealthy, unsafe and devoid of aesthetic urban living.