Utah Complaint or Petition for Judgment Declaring a Nonconforming Use

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

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.

The non-conforming use will be allowed as "grandfathered in," but if the station is torn down the only use would be residential.

Nonconforming use refers to when local governments change zoning laws and allow existing property some form of exemption from abiding by the new regulations.

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.)

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.

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Utah Complaint or Petition for Judgment Declaring a Nonconforming Use