Land Use Code Town of Norwood, Colorado - San Miguel County

Chapter 7: Land Use Code
§ 1.06 Nonconforming Provisions
(a)
Nonconforming uses and structures.
(1) Nonconforming status. The use of land, use of a structure, or a structure itself shall
be deemed to have nonconforming status when each of the following conditions are satisfied:
a. The use or structure does not conform to the regulations prescribed in the
district in which such use or structure is located and was in existence and lawfully
constructed, located and operating prior to, and at the time of, the event that made
such use or structure nonconforming.
b. The event that made such use or structure nonconforming was one of the
following: annexation into the Town of Norwood, adoption of this chapter or a
previous zoning ordinance, or amendment of this chapter or a previous zoning
ordinance.
c. The nonconforming use or the use occupying the nonconforming structure has
been operating since the time that the use or structure first became nonconforming
without abandonment, as abandonment is defined in subsection (a)(4) below.
(2) Expansion. No nonconforming use may be expanded or increased.
(3) Change of use.
a. Any nonconforming use may be changed to a conforming use and once such
change is made, the use shall not thereafter be changed back to a nonconforming use.
b. Where a conforming use is located in a nonconforming structure, the use may
be changed to another conforming use by securing a Zoning Development Permit.
c. A change from one nonconforming use to another nonconforming use may be
made by securing a Zoning Development Permit provided such change is to a
permitted use in a more restrictive zoning district classification. For the purpose of
interpreting these provisions, the zoning districts shall be considered to be arranged in
a hierarchy as they are listed in Sec. 3.02, Districts established, from the most
restrictive A, Agricultural District to the least restrictive I, Industrial. The P and PUD
Districts shall not be considered part of the hierarchy. In addition, for the purpose of
interpreting this paragraph (c), a use that is authorized in a district with a conditional
use permit shall not be considered a permitted use in such district.
(4) Abandonment. Whenever a nonconforming use or a conforming use in a
nonconforming structure is abandoned, all nonconforming rights shall cease and the use of
the premises shall henceforth conform to this chapter. Abandonment shall involve the actual
act of discontinuance, regardless of the intent of the user or owner to discontinue a
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