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.
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.
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.
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.
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.
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.
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.