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Artesia City Zoning Code

CHAPTER 6

NONCONFORMING USES

9-6-1: INTENT:

It is the intent of this title that all nonconforming uses shall be eventually eliminated. Passage of the ordinance codified in this title in no way legalizes any illegal uses existing at the time of its adoption. (1996 Code §§ 17.24.020, 17.24.110)

9-6-2: TIME LIMIT FOR DISCONTINUANCE OF CERTAIN NONCONFORMING USES:

   A.   Land Without Buildings: Nonconforming uses of land containing no buildings shall be discontinued within five (5) years from the adoption of the ordinance codified in this title, and the use of land which becomes nonconforming by reason of a subsequent change in zoning districts or by annexation into the city shall be discontinued within five (5) years from the date of change or annexation; except, that the raising of crops, whether field or truck, may be continued in any district, and ranching may be continued in SA-2 districts. (1996 Code § 17.24.030)
   B.   Open Storage And Signs In R Districts: Where a premises in an R district was used only for open storage or only for signs and billboards, such uses must be discontinued and the stored material or signs removed within two (2) years after the effective date of the ordinance codified in this title. (1996 Code § 17.24.080)
   C.   Junkyards: All junkyards shall conform with requirements of subsection 9-4-8B of this title within two (2) years after the effective date of the ordinance codified in this title. (1996 Code § 17.24.090)
   D.   RVs: RVs shall conform with the requirements of chapters 4, 8 and 16 of this title within two (2) years after the effective date hereof.
   E.   Manufactured/Mobile Homes: Manufactured/mobile homes containing appropriate documentation showing the placement of the homes and that they were legally established in the SA-2 or other residential districts before the effective date hereof shall be recognized as legal nonconforming uses.
   F.   Boats And Utility Trailers: Boats and utility trailers shall conform with the requirements of chapter 16 of this title within six (6) months after the effective date hereof. (Ord. 969, 6-9-2015)

9-6-3: NONCONFORMING USE OF BUILDINGS:

   A.   Continuation Of Use: Nonconforming use of a building existing at the time of adoption of the ordinance codified in this title may be continued throughout the life of the building, provided no structural alterations are made, nor can the building be reconstructed or replaced.
   B.   Enlargements, Alterations: Except for the two (2) types of uses provided for in section 9-6-4 of this chapter, nonconforming buildings cannot be enlarged, extended, reconstructed, replaced or structurally altered unless changed to a permitted use.
   C.   Change In Use: Uses of buildings may be changed, if no structural alterations are made, to another nonconforming use of the same or of a more restricted use or to a conforming use; it cannot be changed back to a less restricted use. (1996 Code § 17.24.040)
   D.   Discontinuance Of Use:
      1.   If a nonconforming use of a building is stopped for two (2) years or more, any future use of the building shall conform to the use regulations of the district in which it is located.
      2.   The removal of a manufactured/mobile home or RV from a nonconforming lot or space terminates the right of usage of such lot or space for a manufactured/mobile home or RV. Replacement or substitution of a manufactured/mobile home or RV shall not be permitted. (Ord. 969, 6-9-2015)

9-6-4: ENLARGEMENT OF INDUSTRIAL USES:

Within the ten (10) year period after adoption of the ordinance codified in this title, nonconforming light industrial uses in the C districts and nonconforming industrial uses in the M-1 districts may be enlarged if the enlargements do not total more than a fifty percent (50%) increase in cubical content of buildings as existing at the time of passage of the ordinance codified in this title. (1996 Code § 17.24.060)

9-6-5: RESTORATION OF DAMAGED USE:

If a nonconforming use is damaged beyond repair or destroyed by a fire, flood, explosion, vandalism, or act of God, then any restoration shall be for a permitted use. (Ord. 969, 6-9-2015)

9-6-6: ELIGIBILITY AS SPECIAL USE:

Existing uses of types eligible for special permits in section 9-5-2 and subsections 9-4-8A and 9-13-1B1f(2) shall not be nonconforming uses and shall receive a special permit for the existing use from the building inspector/code enforcement officer upon request, but shall require a special permit for any enlargement or addition. (1996 Code § 17.24.120; amd. 2002 Code)