Land Use & Zoning

A New Mexico property owner who builds an addition that encroaches 2 feet into the required 5-foot side yard setback has created a:

ANonconforming use
BZoning variance
CNonconforming structure (setback violation)✓ Correct
DLegal encroachment by easement

Explanation

An encroachment into a required setback creates a nonconforming structure. The owner may need to obtain a variance retroactively or remove the encroachment.

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