Connecticut 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 Structure, use, or lot ? A nonconforming structure, use, or lot has been lawfully established in the past but no longer meets the current code requirements (i.e. setback, height, parking, use, lot size, etc.)

The zoning enabling act permits municipalities to enact zoning that sets controls for things like the height and size of buildings, lot size, open spaces, building and population density.

A (esidentialAgricultural) Zoning District. The A zoning district is intended to provide for areas appropriate for detached singlefamily residential dwelling units and light farming uses, each located on a single legal lot; B. 1 (SingleUnit esidential) Zoning District.

The common definition of an affordable home is one where the resident spends no more than 30% of their income to pay the rent or mortgage. Supportive housing is also considered affordable, but goes a step further to include access to additional services or resources that low-income residents may need.

§ 195-11 Residential - 3 (R-3) Zone. Intent. These zones are designed to consist of single-family houses on lots of sufficient size only where public water supply and sewers are available.

CT's 2021 affordable housing units, by town Section 8-30g is a decades-old law that allows developers to appeal to the courts if their proposal for affordable housing is denied, despite local zoning ordinances. As of 2021, few towns had met the 10% threshold that offers an exemption from the law.

"A Standard State Zoning Enabling Act" (SZEA) was a model law for U.S. states to enable zoning regulations in their jurisdictions. It was drafted by a committee of the Department of Commerce and first issued in 1922. This act was one of the foundational developments in land use planning in the United States.

Down zoning occurs when the zoning regulations are changed from a higher, more active use, to a lower less active use.

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Connecticut Complaint or Petition for Judgment Declaring a Nonconforming Use