Espanola City Zoning Code
ARTICLE VII
Nonconforming Uses
§ 701 Purpose and intent of article.
The provisions of this article shall apply to legally preexisting structures, lands and uses or any combination thereof that are made nonconforming as a result of the adoption and periodic revisions to the City's Code and regulations. It is the purpose of this article to permit these nonconformities to continue until they are removed or changed to a conforming, use but not to encourage their survival. It is further the purpose of this article to acknowledge that nonconformities shall not be used as grounds for adding other structures or uses prohibited in the district or enlarging, expanding or extending nonconformities except where expressly permitted under the provisions of this article. Possession of a valid building permit for a building or structure which will be nonconforming under the terms of this chapter shall be proof of construction in progress, provided that construction is pursued diligently to completion.
§ 702 Nonconforming vacant lots of record.
Permitted uses or structures may be established on a preexisting lot of record, the description of which is on record on the date of adoption of this chapter.
§ 703 Nonconforming uses of land.
Where a previously lawful use of land exists which is not permitted under the provisions of this chapter, the use may be continued, provided that:
A.
No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied on the date of adoption of this chapter.
B.
No such nonconforming use of land shall be moved in whole or in part to any portion of the lot or parcel other than occupied by such use on the date of adoption of this chapter.
C.
If any such nonconforming use is ever discontinued for a period of more than 90 days, any subsequent use of land shall conform to the regulations for the district in which such land is located.
§ 704 Nonconforming structures.
Where a lawful structure exists on the date of adoption of this chapter and fails to meet one or more of the requirements of this chapter, such structure in its entirety is nonconforming; it may be used so long as it is otherwise lawful, subject to the following provisions:
A.
No structure may be enlarged or altered in any way which increases its nonconformity unless the enlargement or structural alteration makes the structure more conforming or is required by law. Should this structure be destroyed by any means to an extent of more than 50% of the most recent County Assessor's full value or market value of the structure at the time of destruction, it shall not be reconstructed except in conformity with the then-current City Code.
B.
Should any structure be moved for any reason for any distance whatsoever, unless such move is required by law, it shall thereafter be made to conform to the regulations for the district into which it is moved.
§ 705 Nonconforming uses of structures or structures and land in combination.
If, on the date of adoption of this chapter, an otherwise lawful use of land or a structure or land and structure in combination exists that would not otherwise be allowed in the district under the terms of this chapter, the use may be continued, subject to the following:
A.
No existing structure devoted to a use not permitted in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except as otherwise provided in this article unless the use of the structure is changed to a permitted use in the district in which it is located.
B.
No nonconforming use may be extended into any other parts of a building after the date of adoption of this chapter, and no such use shall be extended to occupy any land outside such building.
C.
Any nonconforming use of a structure or structure and land in combination may be changed to another use, provided that the new use is permitted within the district.
D.
When a nonconforming use is replaced by a permitted use, the original or any other nonconforming use may not thereafter be resumed.
E.
When a nonconforming use of a structure or structure and land in combination is discontinued or abandoned for 180 days, the premises shall not thereafter be used except in conformity with the provisions of the district in which it is located.
F.
Where a nonconforming use is located in a structure that is subsequently moved or destroyed, use of the property thereafter shall be in accordance with the provisions of this chapter.
§ 706 Repair and maintenance.
Nothing in this article is deemed to prevent the ordinary day-to-day minor repairs and maintenance of nonconforming structures. In addition, nothing in this article shall prevent the strengthening or restoring to a safe condition of any nonconforming building declared to be unsafe by any City of Española planning or Building Official.
§ 707 Abandoned structures.
The Planning Director or the Planning Commission may refer recommendations on abandoned structures requiring repair or demolition to the City Council in accordance with NMSA 1978, § 3-18-5.