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.
Ohio Complaint or Petition for Judgment Declaring a Nonconforming Use is a legal document filed in Ohio to seek a declaration from the court that a specific property use should be considered legally nonconforming. Nonconforming use refers to a use of property that was legally established but now does not comply with current zoning regulations or land-use restrictions. In Ohio, there are two types of Complaint or Petition for Judgment Declaring a Nonconforming Use, namely: 1. Complaint or Petition for Judgment Declaring a Nonconforming Use Due to Zoning Change: This type of complaint or petition is filed when the zoning regulations for a particular area have been modified, and a property's use is now considered nonconforming. The petitioner requests the court to declare the property as legally nonconforming since it was established before the zoning change. The complaint highlights the history, establishment, and use of the property, providing evidence to support its claim for nonconforming use. 2. Complaint or Petition for Judgment Declaring a Nonconforming Use Due to Expired Special Permit or Variance: This type of complaint or petition is filed when a property was granted a special permit or variance allowing a specific use, but the permit or variance has expired or been revoked. The petitioner argues that the property's use should be allowed to continue as a nonconforming use since it was legally established and remained in operation until the expiration/revocation of the permit or variance. The complaint presents evidence to support the claim that the property meets the requirements for nonconforming use. Keywords: Ohio, complaint, petition, judgment, declaring, nonconforming use, zoning change, special permit, variance, legal document, land-use restrictions, property use, court declaration.
