(a)

Nonconformance. A nonconforming use, structure, or lot (as defined in Section 18-29) which was lawful prior to November 13, 1989, but would be prohibited or restricted under the terms of this article, or has become nonconforming by amendment of this Code after November 13, 1989 shall be deemed nonconforming.

(b)

Burden of proof. The burden of establishing that a nonconforming use, structure, or lot lawfully exists under this article, in all cases, shall be the owner's and not that of the Village of Corrales.

(c)

Certificate of nonconformance. A certificate of nonconformance will be issued by the Administrator for a nonconforming use, structure, or lot at the request of the property owner or the Planning and Zoning Commission.

(d)

Nonconforming uses and structures shall not be expanded, enlarged, or intensified without conforming to the requirements of this article.

(1)

A lawful use may be added to any portion of a building which currently contains a nonconforming use or a portion of a nonconforming lot without being deemed a nonconforming use.

(e)

Restoration and replacement. If a nonconforming structure is damaged or destroyed by any means, its restoration or replacement shall be permitted provided that:

(1)

There is no increase in lot coverage or total square footage of structures as a result of that restoration or replacement; and

(2)

Restoration or replacement is in conformance with the height, setback, open space, landscaping and other development standards of this article.

(f)

Abandonment of a nonconforming use. Whenever a nonconforming use has been discontinued or abandoned for a period of twelve (12) months or more, such use shall not thereafter be reestablished, and any future use must be in conformance with the provisions of this article.

(g)

Nonconforming lot.

(1)

Any lot existing, prior to the effective date of this article which fails to meet the minimum lot size requirements of this article, may be developed, redeveloped, or improved provided that all other requirements of this article are met. If a nonconforming lot is within three hundred (300) feet of an existing sewer line, a connection to that sewer line is required. If a connection to an existing sewer line is not available, the Village of Corrales requires that any lot that is less than .75 acres must install an advanced septic treatment system. No conventional septic system shall be installed on a lot less than .75 acres. Proof of a permit for the installation of the advanced septic treatment system, or connection to the sewer line, will be required by the planning and zoning division prior to issuance of a development review permit.

History: Ord. No. 155, adopted 4-21-86; Ord. No. 192, §§ 8-1-23 & 8-1-29, adopted 11-13-89; Ord. No. 06-02, adopted 5-23-06; Ord. No. 09-005, adopted 5-19-09; Ord. No. 22-01, adopted 3-22-22.