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Mountain Village City Zoning Code

17.3.17 Nonconforming

Uses of Land.

A. A use of land is considered nonconforming, when at the adoption of this CDC or any amendment hereto, such use is otherwise lawful but would not be permitted under this CDC or amendment hereto. The nonconforming use shall be permitted to continue in strict accordance with all standards and requirements of such lawful approval so long as it remains otherwise lawful subject to the following conditions:

1. No such nonconforming use shall be enlarged or increased or otherwise extended, which would result in the nonconforming use’s occupancy of a greater land area than was occupied on the effective date of adoption of this CDC or amendment hereto.

2. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel other than that occupied by such use at the effective date of adoption of this CDC or amendment hereto.

3. The nonconforming use is discontinued for a period of one (1) year, regardless of any intent to resume such nonconforming use. Neither such nonconforming use nor any other nonconforming use shall thereafter be reestablished or commenced. Any subsequent use of such land shall conform to the regulations specified by this CDC for the zone district in which such land is located.

4. No additional structure not conforming to the requirements of this CDC shall be erected in connection with such nonconforming use of land.

5. Projects with final approval(s) prior to the effective date of this CDC shall be built in accordance with the development regulations and standards in effect at the time of approval.