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Angel Fire City Zoning Code

CHAPTER 4

EXISTING BUILDINGS, STRUCTURES AND USES

9-4-1: DETERMINATION OF NONCONFORMITIES; CONTINUATION:

   A.   Nonconforming Uses: If, on the effective date of this zoning code or of any amendment hereto, any lot, structure, sign, or building is being used in an otherwise lawful manner, in accordance with any applicable conditions of approval and in accordance with the health, safety and welfare of the village and its residents, that does not conform to the provisions of this zoning code, the use shall be deemed a nonconforming use. Such use may continue in the manner and to the extent that it existed on such effective date.
   B.   Nonconforming Buildings And Structures: Nonconforming buildings and structures are those which were within the village on the effective date of this zoning code or of any amendment hereto and which fail to meet the provisions of this zoning code and the minimum requirements and occupancy standards established by the building codes, as adopted by the state, for the safety and welfare of the public. (Ord. 2002-02, 1-17-2002)

9-4-2: PROPERTY MAINTENANCE CODE ADOPTED

The international property maintenance code shall be known as the property maintenance code of the village of Angel Fire. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises. A copy of the property maintenance code is available for review at the building inspection office. (Ord. 2002-02, 1-17-2002; amd. Ord. 2005-01, 1-20-2005)

9-4-3: LOSS OF NONCONFORMING STATUS:

   A.   Discontinuance Of Use: Any lot, structure, or portion thereof occupied by a nonconforming use which is or hereafter becomes vacant and/or remains unoccupied by a nonconforming use for a period of one hundred eighty (180) days shall not thereafter be occupied, except by a use which conforms to this title and only after being inspected and determined to be in compliance with this title and other village regulations by the code official. (Ord. 2006-09, 8-17-2006)
   B.   Destruction Of Structure Or Use: If any nonconforming structure or use is, by any cause, destroyed to the extent of seventy five percent (75%) of its market value as determined by the code official, it shall not thereafter be reconstructed as a nonconforming structure or use.
   C.   Change Of Ownership:
      1.   A nonconforming use does not continue if the building, structure, or premises upon which it exists is sold.
      2.   Upon sale, a nonconforming structure must conform to this zoning code or a conditional use permit applied for and granted for the nonconforming use to continue to be occupied. (Ord. 2002-02, 1-17-2002)

9-4-4: ENLARGEMENTS AND MODIFICATIONS:

   A.   Enlargements And Modifications Prohibited; Maintenance And Repair: Except as hereinafter provided, a nonconforming use shall not be enlarged, expanded, or altered except to make the use conform to this zoning code. Maintenance and minor repairs necessary to keep a nonconforming use in a safe and continued usable condition are permitted.
   B.   Additions: All additions to nonconforming structures shall conform to this zoning code. Additions to structures housing nonconforming uses that increase the area of a nonconforming use are not permitted. (Ord. 2002-02, 1-17-2002)

9-4-5: CHANGES IN NONCONFORMING USE:

A nonconforming use of a structure or parcel of land shall not be changed except to a conforming use, and thereafter, the use may not revert to the former use or become any other nonconforming use. (Ord. 2002-02, 1-17-2002)

9-4-6: NONCONFORMING OPEN STORAGE:

Any land within the village used for open storage, unlicensed landfill, or a junkyard and found to adversely affect the public health, safety, or welfare of the village shall be discontinued, abated or made to conform to the provisions of this zoning code. (Ord. 2002-02, 1-17-2002)

9-4-7: INSPECTION OF NEW BUSINESSES:

The premises (new or existing) to be occupied by any new business shall be inspected by the code official prior to occupancy. All inspections must be passed. (Ord. 2002-02, 1-17-2002)