The lawful use of land containing no buildings which does not conform to the provisions of this title shall be discontinued within five years from February 12, 1971, the date of the approval of the ordinance codified in this section, and the use of land which becomes nonconforming by reason of a subsequent change in this title shall also be discontinued within five years from the date of the change.

(Ord. 557 (part), 2018; prior code § 11-3-5 (a))

   The lawful use of a building or trailer court existing on or before February 12, 1971, may be continued, although such use does not conform with the provisions of this title, and such use may be extended throughout the building or trailer court; provided, no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of a building or trailer court may be changed to another nonconforming use of the same or more restricted classification. The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed. Whenever a nonconforming use of a building or trailer court has been changed to a more restricted use or to a conforming use, such use shall not be thereafter changed to a less restricted use.

(Ord. 557 (part), 2018; prior code § 11-3-5 (b))

   A.   No building which has been damaged or destroyed by any means to the extent of more than fifty percent of its replacement cost at time of damage or destruction shall be restored except in conformity with the most current regulations of this title.

   B.   No existing building or premises devoted to a use not permitted by this title in the district in which such building or premises is located, except when required to do so by law or ordinance, shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to one permitted by the most current version of this title in the district in which such building or premises is located.

(Ord. 557 (part), 2018; prior code § 11-3-5 (c, e))

   In the event that a nonconforming use of any building or premises is discontinued for a period of two years, the use of the same shall thereafter conform to the use permitted in the district in which it is located according to the most current version of this title.

(Ord. 557 (part), 2018; prior code § 11-3-5 (d))

   A.   The city commission may, by special permit after public hearing and subject to such protective restrictions that it deems necessary, authorize the location of any of the following buildings or uses in any district from which they are prohibited by this title:

      1.   Any public building erected and used by any department of the city, county, state or federal government;

      2.   Hospitals, clinics and institutions for criminals and those for persons that are insane or have contagious diseases; provided, however, that such buildings may occupy not over twenty-five percent of the total area of the lot and will not have any serious and depreciating effect upon the value of the surrounding property; and provided further, that the buildings shall be set back from all yard lines a distance of not less than two feet for each foot of building height;

      3.   Cemetery;

      4.   Community building or recreation field;

      5.   Airport or landing field;

      6.   Commercial greenhouses; provided, that any such structures shall not be less than one hundred feet from all property lines;

      7.   Temporary commercial amusements or recreational development;

      8.   Extraction of gravel, sand or other raw materials;

      9.   Industrial uses excluded from the "D" industrial district to locate in the "D" industrial district;

      10.   Parking lots adjacent to, across a street from or across an alley from a "C" commercial district, a "D" industrial district.

      11.   Any use not specifically identified In this section may be considered for approval, provided it meets any conditions stipulated in this title or by the commission, and is not detrimental to the public welfare, safety, health, morals and convenience of the surrounding area.

   B.   The following findings shall be made for approval of a special permit:

      1.   The use is consistent with the policies and recommendations adopted by the city comprehensive plan.

      2.   The use will not have significant adverse effect on the character and value of adjacent properties or surrounding neighborhood.

      3.   The use will not create a hazard, a public nuisance or be injurious to individuals or to the public.

      4.   The use will not cause noise which is excessive for the particular area.

      5.   The use will not have significant adverse effects on the natural environment and attractiveness of an area.

      6.   The use will not be contrary to the public interest.

      7.   The applicant will be able to meet any particular requirements specified for such a use in land development standards and any additional conditions that the commission may impose.

      8.   The applicant will be able to meet all requirements imposed by applicable state and federal laws and regulations.

      9.   The special permit is non-transferable in the event that the specific use that was granted has changed or the property changes ownership.

   C.   A one hundred fifty- dollar, filing-and-processing fee shall be paid to the city.

   D.   Before issuance of any special permit for any of the above buildings or uses, the planning and zoning commission shall provide a review of the application submitted to the planning and zoning department. Recommendation for approval or denial of the special permit shall be provided to the city commission. The city commission will provide final approval or denial of the special permit.

   E.   If a special permit is granted, the permit shall be publicly displayed in a prominent on-site location.

(Ord. 557 (part), 2018; prior code § 11-3-5(f))

   A.   Structures that were built or installed prior to February 13, 2014, that do not conform to city zoning code will be allowed to remain in place so long as the following conditions are met:

      1.   Structure does not constitute an immediate threat to health or safety.

      2.   No negative impact on economic conditions or quality of life.

      3.   The proposed structure(s) fall within the setback requirements established in the zone in which it is located.

   B.   If the proposed structure(s) does not meet conditions set forth in subsections A.2 or A.3, the property owner will be required to apply for conditional approval through the planning and zoning commission.

   C.   If the conditional approval is granted, a document will be filed at the Lea County Courthouse which will state approval of the nonconforming structure.

   D.   Process for conditional approval of nonconforming structures will be as follows:

      1.   Property owner will complete the most current version of the city planning and zoning application and conditional approval of nonconforming structure request.

      2.   Pay one hundred fifty- dollar, filing-and-processing fee.

      3.   Notice of the conditional approval request will be posted by the owner on the site of the property where the structure(s) is located fifteen days from the date of the public hearing.

      4.   Notice of the conditional approval request and the date and time of the planning and zoning commission public meeting will be provided by city staff to the owners of property located within one hundred feet of the site by certified mail fifteen days prior to the date of the public hearing.

      5.   The planning and zoning commission will conduct a public hearing to determine the approval or denial of the conditional approval request.

      6.   If approval is granted, the approval document will contain language that specifies the nonconforming structure may remain in place and indicate the reason(s) why the structure is considered to be in nonconformance.

         a.   In the event the nonconforming structure(s) is in conflict with setback requirements and is adjacent to public right-of-way(s) or easement(s), documentation will include the binding requirement that modification of the structure(s) to bring it into setback conformance or removal of the nonconforming structure(s), at the owner’s expense, will be required In the event that installation, replacement, construction, or repair of any municipal infrastructure or utilities permitted through franchise agreement(s) with the city.

         b.   If property owner refuses to comply with modifying the structure(s) to bring into conformance or remove nonconforming structure(s) for the aforementioned reason(s), the following actions will occur:

            i.   The approval of the nonconforming structure(s) will be revoked.

            ii.   The nonconforming structures(s) will be removed. The costs associated with the removal of the structure(s), plus any other penalties or costs allowed by law in connection therewith, shall be billed to the owner of record, who shall have fifteen days to submit payment in full. Failure to remit shall cause a lien to be placed upon the property from which such structure(s) were removed in the manner prescribed by law.

      7.   In the event of sale or transfer of ownership, the conditional approval of a nonconforming structure, if granted, is transferable. The same conditions and restrictions will remain in place.

(Ord. 557 (part), 2018)

   All appeals shall follow regulations set forth in Section 17.08.040.

(Ord. 557 (part), 2018)

   Any person, firm, company, or corporation violating any of the provisions of this title in this code, or any ordinance or resolution of the city, or any rule, regulation or order promulgated by any officer or agency of the city under authority duly vested in him, her or it, any act is prohibited or is declared unlawful or a misdemeanor or an offense. The violation of any such provision of this code or any ordinance, rule, regulation or order shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars. Each day any violation of this code or any such ordinance, resolution, rule, regula-tion or order shall constitute as a separate offense.

(Ord. 557 (part), 2018)