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Complaint or Petition for Judgment Declaring a Nonconforming Use

Massachusetts Complaint or Petition for Judgment Declaring a Nonconforming Use

Category:

Government - Zoning

State:

Multi-State

Control #:

US-01287BG

Format:

Instant download

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

A preexisting nonconforming use is a use of property that was lawfully begun prior to the adoption of a zoning by-law that would otherwise prohibit same.

(1) After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.

Limitations on grandfathering in Massachusetts To sum up, buildings that were lawfully in existence before rezoning may remain unaltered in use or structure after the rezoning has made them 'lawfully nonconforming'.

A variance is required when the action desired violates the dimensional requirements or use provisions of the Zoning Ordinance. A special permit is required for those cases where a particular use is permitted but only after certain conditions are met.

Under Massachusetts law, a grandfathered structure, parcel of land, or use may usually continue unaltered until its economic life or usefulness has come to the end.