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.
Title: New Hampshire Complaint or Petition for Judgment Declaring a Nonconforming Use: An In-Depth Guide for Understanding and Filing Introduction: In New Hampshire, a Complaint or Petition for Judgment Declaring a Nonconforming Use serves as a legal tool to seek a declaration from the court that a property can continue its use in a manner that no longer complies with the current zoning regulations or ordinances. This article aims to provide a comprehensive understanding of the process, requirements, and various types of such complaints or petitions that are applicable in New Hampshire. 1. Understanding Nonconforming Use and its Importance: — Definition: Nonconforming use refers to a lawful land use that was established before the enactment of current zoning regulations but no longer complies with the present zoning requirements. — Significance: Nonconforming use rights protect property owners from being forced to abandon a previously permitted activity due to subsequent zoning changes. 2. Types of Complaints or Petitions for Judgment Declaring a Nonconforming Use: a) Complaint for Declaratory Judgment: — Definition: This type of complaint seeks a judicial declaration confirming the status of a nonconforming use and seeking a determination of its legality. — Purpose: To establish legal protection and legitimacy for continuation of a nonconforming use. b) Complaint for Mandamus: — Definition: This complaint seeks a court order to compel a government agency to recognize or recognize and enforce nonconforming use rights. — Purpose: To enforce the right to maintain the nonconforming use without interference from the governing agency. c) Petition for Zoning Variance or Special Exception: — Definition: While not a direct complaint or petition for declaratory judgment, filing a petition for zoning variance or special exception can help legitimize a nonconforming use on grounds of hardship or specific effectiveness. — Purpose: To obtain permission to continue or modify a nonconforming use, despite noncompliance with zoning regulations. 3. Filing Requirements: a) Identify the Proper Court: — Determine the appropriate court based on jurisdiction, which could be the Superior Court or the Municipal Court. b) Proper Pleading Format: — Use the correct format for drafting the complaint or petition, following the court's guidelines. — Include relevant details, such as the property's legal description and identification of noncompliance. c) Supporting Documentation: — Provide any necessary documentation supporting the claim, such as surveys, permits, and historical records. d) Summoning the Opposing Party: — Serve a copy of the complaint or petition along with a summons to the relevant government agency or any affected party. Conclusion: Filing a New Hampshire Complaint or Petition for Judgment Declaring a Nonconforming Use is crucial for property owners to protect their rights and continue their existing use of land despite changes in zoning regulations. By understanding the process, types of complaints, and fulfilling the necessary requirements, property owners can seek a legal declaration and maintain their nonconforming use.
