Final answer:
David needs to apply for a variance, a legal mechanism to deviate from current zoning requirements, which is considered by local zoning boards based on multiple community and property-related factors. Due to the complexity of zoning law, seeking legal help is advisable.
Step-by-step explanation:
Since there is a discrepancy between the architect's instruction and the zoning ordinance, David would need to apply for and obtain a variance. A variance is a legal request to deviate from current zoning requirements and is typically decided by a local board of zoning appeals. When applying for a variance, several factors are considered, including the impact on the neighborhood, the characteristics of the property, and how the variance is aligned with the overall zoning plan and general welfare of the community.
In practice, if a zoning ordinance requires a 30-foot setback but David's architect advises a 20-foot setback, obtaining approval for such variance would likely necessitate demonstrating that the reduced setback does not compromise public interests and still falls in line with the local government's comprehensive zoning plan. Moreover, due to the specialized and complex nature of zoning law, David is advised to seek legal assistance to navigate the process effectively and increase the chances of a favorable outcome.
Zoning regulations have evolved since the first ordinance in New York City in 1916, which allowed for innovations in skyscraper design, leading to iconic architecture such as the Chrysler Building and Rockefeller Center. In addition to setbacks, zoning laws cover other restrictions including the size and height of buildings, the number of rooms, and preservation requirements in areas of historical significance, ensuring balanced development that considers public welfare.