What happens to an old building that is clearly built in an unallowed area of the lot? Like inside the setback?
Could be allowed through variance or some sort of exception.
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An existing structure could be grandfathered in if built before the set back requirements. Check with your town
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Without knowing the specifics, no one can give a certain answer. However, if it predates the zoning ordinance, it is likely an existing non-conformity. Or if built after the zoning ordinance was adopted, a variance might have been granted.
Look at the zoning ordinance, which is likely available online. It will explain about such situations, and limitations on expanding such non-conforming structures, provisions so that such buildings can be maintained, etc.
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In our area those footprints are grandfathered in, but you have to remodel them rather than tear them all the way down. When we see a house or shed super close to the lake, it has to be a case like that because the minimum setbacks are quite a bit more now.
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No variance, built after the zoning updates. Can it still be grandfathered if built in violation of zoning at the time of construction? Ni idea how it got through.
You need some more information. Go to town planning/building department and ask to review the file. You’ll need to know what if anything was there before this current structure was built, when the current structure was built and what the Ordinance required at the time in terms of setbacks.
If an old structure existed before zoning it is grandfathered. Sometimes older structures are more non conforming and rebuilds are permitted if they improve the situation (even if still non conforming).
Sometimes of course, the situation requires enforcement because someone built without a permit. Reviewing the file will help you find out what the situation is.
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My sister’s neighbor bought the house/lot across the street, presented the plans (remodeling) but then proceeded to do everything against the original approved plan. Some things had to go back to the board for re-approval and my sister went to the meeting and fought the approval but she lost and in the end the new owner basically got to tear down the entire original house and build an entirely new structure (which would not have been allowed if that was originally presented to the planning board). He was NOT allowed to cut down some mature trees, and he was NOT allowed to change the address (the lot is on the point of two streets and he wanted to face the house the other way. The front door faces my sister’s house, but the family doesn’t use it and goes in and out of the back. Weird, but sister is glad she doesn’t have to look at the garage.
If the building in question was built against code without a variance, sometimes the penalty is to tear it down. Here we have a fence ordinance and if you build the fence even an inch off your property line you may have to take it down and rebuild. As they say, measure twice, cut once.
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It was a new development 10-15 years ago. For this particular site the setback is about 30’ on this side of the property line. They added a garage entirely in the setback. The town doesn’t have complete paper work. They don’t know if it is lost or never issued.
I am sitting in one such building right now. We are way closer to the ocean than would be allowed today.
We are “grandfathered”. This means that our building (and the septic system) are allowed to continue to exist where they are. We are permitted to fix whatever goes wrong with the building (such as replacing siding or anything that rots). We are not permitted to make it bigger.
If our septic system were to fail, we would need to build a replacement in a different location. In contrast if our roof were to fail, we could replace it in place with a new roof.
One issue here which I think is very important is that when this building was originally built, at the time it was legal and had whatever permits were required at that time.
Oops. This sounds like something that a local lawyer would be needed for. This might be done on a “case by case” basis and local laws are going to be important.
Are you thinking of purchasing the property, or do you already own it? If you already own it, is anyone trying to get you to make changes?
Is this for a neighbor’s property where they got too close to your property? You might need to decide whether or not to fight this.
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I’d like to fight if I have a chance. Do I have a chance? It is way too close causing all kind of issues. There is a reason the setback was so deep.
Make sure the setback applies to unoccupied as well as occupied structures. In our town there is a 15 foot setback but it only applies to occupied structures. Also, a friend knows that her garage was accidentally built so that it infringes on the setback. She says that if no one raises the issue within a certain number of years it is waived. You may want to consult with a lawyer before raising it with the neighbor and possible creating hard feelings.
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10-15 years ago…when I heard old, I was thinking a minimum of 50 years!
There is a lot more to understand here, more than you can easily describe here, so you need some local help.
You probably need a land use attorney, though you might find a local engineer well versed in land development who you could point you in the right direction, for a nominal fee (or might give you some free advice).
While seemingly a straight-forward situation, there is a lot to understand. Is this garage attached to the home? Or is it an accessory structure? A non-habitable accessory structure can have different setback requirements than the primary habitable structure. And which yard is it in - front, side, rear?
If the paperwork possibly existed, and is lost, it could be tough to prevail. And I have seen, even in the case of very new construction that violates zoning, rarely will someone be ordered to tear down a structure. A fence, perhaps yes, because removing or moving a fence is not a huge expense. Tearing down something that may have cost tens or hundreds of thousands, and has existed for a decade or more without any objections - typically doesn’t happen, even if technically it should happen.
I have seen plenty of neighbor issues such as this, and depending upon the circumstances, it may or may not be worth the fight. These things get very personal, and while I understand the feelings (DH is having such feelings right now about some neighbor improvements), it could be valuable to discuss with an attorney or engineer to get a neutral, outside view.
Please consider too if you prevail, you still have to live in the neighborhood (assuming you are not about to move across the country). And discuss the issues you are having due to the proximity of the garage with an engineer.
While it not is legally incumbent upon you to address the problems with measures on your side of the property line, I have seen situations where neighbors fight, and spend tens of thousands on lawyers and engineers, when they could have largely resolved the situation by spending a few thousand on their property. You’ll still be angry about the principle of the thing, though you won’t have funded vacations for some attorney.
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It is a detached garage that is being converted to a gym. On the side yard. Is a gym an occupied structure? I believe the setback is for any kind of structure. If I can win, it is worth pursuing bio matter how much headache it might be. It is a constant headache right now.
@Crankymom I was afraid tearing down might be tough. I am scheduled to meet a local lawyer in a week or two. Talking about it here prepares me well for the meeting. If tearing it down is not feasible, can I put in a clause to limit future construction? For example, if in the future the garage is torn down, no one can build a new one in its place?
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I would think a gym would be an occupied structure. That is a change in use. It is possible that a garage or storage shed might be permitted within a setback, though an occupied use would not be permissible.
I am not an attorney, nor am I familiar with your local area, so a local land use attorney would be better suited to speak to the probability of getting the structure torn down.
While I doubt that you personally can limit future construction, if an existing non-conforming structure is torn down, it is unlikely they could rebuild. And if they did try, they should need to go through zoning. As a neighboring property, you should receive notice of the zoning hearing board meeting at which such a variance would be considered.
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What sorts of a gym? A home business or strictly personal use?
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The type of issues the structure causes may matter with regard to enforcement, or perhaps seeking damages in a civil suit. Are there physical erosion/ flooding/ environmental damage to you? Or nuisance/noise/ traffic? Is the gym going to be a commercial business or a rental?
But, generally, I agree with others that litigation could be extremely costly or counter-productive.
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No idea. Not a big gym. If commercial, it is for a very small group like paying house guests.
Erosion and flooding g is a concern. So are noise, traffic, nuisance. The garage is practically on my front step. Flooding hasn’t happened yet but severe flooding is not rare in the area.
In our town setbacks for a garage are the same as for any accessory structure over 100 square feet. The main thing they worry about is adding kitchens and bathrooms and heat so that it can become an apartment. If it was built illegally you would have (in our town) a decent chance of getting it torn down. At the very least the neighbors would have to retroactively apply for a legalization and try to get a variance. It adds several thousand dollars to the normal cost of a building permit. And if if the structure is allowed they may force them to add extra drainage or screening which might make it palatable for you. (I’ve worked both sides of the aisle on these things! )
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Curious why this is suddenly an issue if this building has been around for a while
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