Zoneomics Logo
search icon

Hagerman City Zoning Code

CHAPTER 7

NONCONFORMING USES

10-7-1: CONTINUANCE OF NONCONFORMING USE:

It is the intent of this title to permit legal nonconforming uses to continue until they are removed, but not to encourage their survival. It is further the intent of this title that nonconforming uses shall not be enlarged upon, expanded or relocated, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. (Ord. 989, 6-4-1996)

10-7-2: RESTORATION, ALTERATION OR REPAIRS:

Nothing in this title shall prevent the restoration, alteration, repair and continued use of any lawful nonconforming building or structure which, subsequent to the date of this title, is:
   A.   Declared to be unsafe by a proper authority.
   B.   Damaged by fire, collapse, explosion or act of God, by more than sixty percent (60%).
   C.   Rendered necessary by ordinary wear, tear, deterioration or depreciation. (Ord. 989, 6-4-1996)

10-7-3: ABANDONMENT OF USE:

If active and continuous operations are not carried on in a nonconforming use during a continuous period of six (6) months, the building, other structure, or tract of land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing. (Ord. 989, 6-4-1996)