The lawful use of land containing no buildings, which use does not conform to the provisions of this chapter, shall be discontinued within five (5) years from the date of approval of this chapter, and the use of land which becomes nonconforming by reason of a subsequent change in this chapter shall also be discontinued within five (5) years from the date of the change.

(Code 1960, § 11-10-1; Ord. No. 1234, § 1, 3-22-05)

The lawful use of any premises existing at the time of the adoption of this Code may be continued, although such use does not conform with the provisions hereof. No nonconforming use shall be changed to another nonconforming use of the same or less restricted classification. The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or a conforming use, such use shall not thereafter be changed to a less restricted use.

(Code 1960, § 11-10-2; Ord. No. 1234, § 1, 3-22-05)

In the event that a nonconforming use of any building or premises is discontinued for a period of two (2) years, the use of the same shall thereafter conform to the use permitted in the district in which it is located.

(Code 1960, § 11-10-3; Ord. No. 1234, § 1, 3-22-05)

The city commission may, by special land use permit and upon such conditions and time limits as it may consider reasonable and necessary, authorize the location of any of the following buildings or uses in any district from which they are otherwise prohibited by this Code:

(a)

Any public building erected and used by any department of the city, county, state or federal government.

(b)

Hospitals, clinics and institutions, except institutions for criminals and those for persons that are insane or have contagious diseases; provided, however, that such buildings may occupy no more than twenty-five (25) per cent of the total area of the lot; and provided, further, that the buildings shall be set back from all yard lines a distance of not less than two (2) feet for each foot of building height.

(c)

Cemetery, to include columbarium and mausoleums.

(d)

Private nonprofit building or recreation field.

(e)

Airport or landing field.

(f)

Commercial amusements or recreational developments.

(g)

Extraction of gravel, sand or other raw materials.

(h)

Industrial uses otherwise excluded from the industrial district being permitted to locate in the industrial district.

(i)

Adult residential shelter care or family care home, as defined by New Mexico Regulations Governing Residential Shelter Care and Boarding Facilities for Adults, in city zoning districts "R-1"and "R-3" for not more than six (6) persons who are not related to a member of the family residing on the premises. A permit for this purpose may be issued for a period of not more than two (2) years, and may be renewed. The permit shall be issued only after fifteen (15) days written notice to all property owners of record within two hundred (200) feet, excluding public right-of-way, of the property on which the proposed facility is to be located. If fewer than a majority of such property owners file written protest against the proposed use, the permit may be approved by a simple majority vote of the city commission. If a majority of the property owners within two hundred (200) feet of the proposed facility file written protest, approval by the city commission shall require at least five (5) affirmative votes.

In addition, the permit shall be issued only upon the following conditions being met before commencement of use as a residential care facility, within six (6) months of approval, and continuing for the duration of the special permit:

(1)

Compliance with all building code, fire code, and other applicable standards;

(2)

Obtaining all required licenses from the health facilities and occupational licensing bureau of the state, and from any other appropriate licensing agency;

(3)

Having no commercial appurtenance, including any sign, visible on the exterior of the residence; and

(4)

Obtaining a city business registration for the use.

Upon failure to meet or continue compliance with any of these conditions, the city commission may revoke the special permit. Revocation shall be made only after a hearing not less than fifteen (15) days after the holder of the permit has been notified of the time, place and purpose of the hearing.

(Code 1960, § 11-10-4; Ord. No. 719, § 2, 4-14-87; Ord. No. 720, § 3, 7-14-87; Ord. No. 981, § 6, 8-26-96; Ord. No. 1234, § 1, 3-22-05)

A special land use permit may be issued only after notice of the time, place and purpose of a hearing by the planning and zoning commission on the issuance of the permit has been published, at least fifteen (15) days before the meeting, in a newspaper of general circulation and sent by first class mail to all property owners of record within two hundred (200) feet, excluding public right-of-way, of the property for which the permit is sought.

The planning and zoning commission shall forward its recommendation to the city commission within thirty (30) days, but if it fails to render its report within thirty (30) days, it shall be deemed to have approved the permit.

The city commission shall determine whether issuance of the special land use permit will be detrimental to surrounding properties and may issue the permit only on a finding of no detriment, except that a permit for adult residential shelter care or family care home shall not require a specific determination of no detriment.

(Code 1960, § 11-10-5; Ord. No. 720, § 4, 7-14-87; Ord. No. 1234, § 1, 3-22-05)