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San Miguel County Unincorporated
City Zoning Code

SECTION 5

19: - NONCONFORMING USES

5-1901 - General

This section establishes standards for nonconforming uses, lots and structures.

5-1902 - Continuation of Use

A nonconforming use may continue and a nonconforming structure may continue to be occupied, except as otherwise stipulated in this section.

5-1903 - Change of Use

A nonconforming use may be changed to any conforming use.

5-1904 - Abandonment or Discontinuance of Use

If a nonconforming land use or a nonconforming use of a structure is discontinued or abandoned for twelve (12) consecutive months, then such use may not be re-established or resumed, and any subsequent use must conform to the provisions of this Code.

5-1905 - Restoration

A nonconforming building or a building containing a nonconforming use which has been damaged by fire or other causes may be restored to its original condition, provided such work is started within six (6) months of such calamity and completed within eighteen (18) months of the time the restoration is commenced.

5-1906 - Enlargement of a Building Containing a Nonconforming Use

A building containing a nonconforming use shall not be enlarged or extended, except by Two-step Special Use Permit, and only if the use in such nonconforming building meets the definition of "Essential Services" (in Article 6 of this Code) and is essential in its present location.

5-1907 - Alteration of a Nonconforming Building

A nonconforming building may be structurally altered, or repaired in any way permitted by these regulations, provided no alterations, repairs, or enlargements are made which would increase the degree of nonconformity.

5-1908 - Substandard-size Parcels

A legally created, substandard-size parcel may qualify for a building permit for a Single-family Residence if it meets all other applicable Land Use Code requirements, including the definition of lot and standards for driveways (Section 5-502 DD) except for parcels in the HCA Zone District, which require compliance with the provisions of Section 5-321 N.II. Such a parcel shall be merged with all other substandard-size parcels under contiguous ownership into one (1) parcel, and no sale, transfer or other conveyance of less than thirty-five (35) acres shall be allowed without County subdivision approval. A deed and a plat delineating the merged parcel must be recorded in the Office of the County Clerk and Recorder prior to the issuance of a building permit thereon.