Socorro City Zoning Code
ARTICLE IV
Nonconforming Uses
§ 250-4.1 Definition; continuance. [1]
A nonconforming use is any legal existing use of land, a building or structure that does not conform to the land use provisions of this chapter at the time of passage or any subsequent amendment thereto. The legal use of a building or land existing at the time of passage of this chapter or any subsequent amendment thereto may be continued, even though such use does not conform with the land use provisions of this chapter. Whenever a nonconforming use of a building or land has been changed to a conforming use, such use shall not thereafter be changed to a less-restrictive use, except by a zoning district change.
§ 250-4.2 Enlargement or extension.
A nonconforming use or building shall not be enlarged, replaced, moved, or extended in size or use. Normal renovation and repairs shall be permitted, provided there are no structural alterations.
§ 250-4.3 Discontinuance.
In the event that a nonconforming use of any building or land is discontinued for one year, the use of the same shall thereafter conform to the requirements of this chapter.
§ 250-4.4 Discontinuance of nonconforming mobile homes.
[Added 6-7-2004]
A.
Voluntary discontinuance.
(1)
In the event a nonconforming use mobile home is removed from the land, the property owner shall have 120 days from the date of removal to replace the removed mobile home with a replacement mobile home, conditioned upon:[1]
(a)
The property owner submitting to the Zoning Administrator/Code Enforcement Officer documentation evidencing that the replacement mobile home has a higher fair market value than the original mobile home; and
(b)
The Planning and Zoning Commission holding a public hearing, finding that the replacement mobile home has a higher fair market value than the original mobile home, and issuing a nonconforming use designation.
(2)
Each nonconforming use designation shall automatically expire on its seventh anniversary date of issuance, unless the replacement mobile home is sooner removed, and in either event, the land use shall conform with the then-existing zoning requirement.
B.
Involuntary discontinuance.
(1)
In the event a nonconforming use mobile home, which serves as the primary residence of the property owner, is rendered uninhabitable by fire, flood or natural disaster, the property owner shall have one year from the date of the uninhabitability to replace the uninhabitable mobile home with a replacement mobile home, conditioned upon:[2]
§ 250-4.5 Nonconforming use certificate required. [1]
A nonconforming use certificate shall be required for all nonconforming uses of land and buildings created by the adoption of this chapter or any subsequent amendment thereto. It is the responsibility of the property owners to furnish affidavits or other legal documents to the Zoning Administrator/Code Enforcement Officer establishing the legal nonconforming status of the structures or land uses.
§ 250-4.6 Annual review.
A nonconforming use shall be subject to review by staff on each annual anniversary following its approval. If it is determined from review that the current use is significantly different or larger in scale than that originally approved, the permit may be revoked by the Commission.
§ 250-4.7 Transfer of certificates.
Nonconforming use certificates may be transferred from one person/owner to another but only for the same use of that building or property.