Alaska Complaint or Petition for Judgment Declaring a Nonconforming Use

State:
Multi-State
Control #:
US-01287BG
Format:
Word; 
Rich Text
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Description

A nonconforming use is an existing use of property that conflicts with a newly adopted zoning ordinance. In general, a nonconforming use has a constitutional right to continue. However, if an owner discontinues a nonconforming use, the owner loses the right to this use through abandonment, and the nonconforming use cannot be resumed at a later time.


This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which has been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Nonconforming Use. When zoning is first placed in an area or an area is rezoned, any existing uses that don't comply with the zoning are grandfathered in. This is called a nonconforming use.

Overview. A nonconforming use is a use of property that was allowed under the zoning regulations at the time the use was established but which, because of subsequent changes in those regulations, is no longer a permitted use.

So in the simplest terms, a variance is an exception to the existing zoning, whereas a nonconforming use (also known as a grandfather clause) arises when there is a change to the zoning, but an existing use is still permitted to continue.

The law provides that pre-existing lots or structures that were legal when created or built but would now be prohibited or restricted under current zoning regulations or building codes may be called ?legal nonconformities.?

Non-conforming uses are typically allowed to continue under certain conditions, but may be subject to certain restrictions or requirements. For example, if a residential area is rezoned to a commercial district, the existing homes in the area may be considered non-conforming uses.

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Alaska Complaint or Petition for Judgment Declaring a Nonconforming Use