Hypothetical Question About Setback Violation
There’s something I’ve wondered about hypothetically from time to time, and I’m curious if anyone here has encountered it for real, especially in either Connecticut or Massachusetts. Say it’s discovered that an existing structure violates a current zoning setback requirement. Also say that the requirement long predates the construction of the structure. And say that the structure isn’t brand-new; it’s been in use, occupied, etc.
So, what happens? Is some statute of limitations relevant? Who has standing to bring an action: the abutters, the municipality, a homeowners association if there is one? Does it matter whether or not it can be shown that there was an approved building permit or that an occupancy permit was issued? I suppose the municipality might refuse to issue permits for future modifications to that structure, or maybe for any work on the property, regardless of a statute of limitations. But is there any penalty that can be imposed “now?”
Does anyone have any thoughts, or has anyone actually seen this in action?
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