This title, as amended from time to time, shall be cited as
the Town of Taos Land Use Development Code. It is hereinafter referred
to as “this title” or the “land use development
code”.
(Ordinance 99-05 adopted 1999)
This title was passed, approved and adopted by the town council
as Ordinance 81-13 on December 16, 1981, and as amended by the town
council thereafter. A substantial rewrite and recodification of this
title occurred in 1992 as Ordinance 92-14, approved and adopted by
the town council on December 22, 1992. This rewrite of this title
occurred in 1999 as Ordinance 99-05, approved and adopted by the town
council on September 21, 1999.
(Ordinance 99-05 adopted 1999)
The Town of Taos (“town”) controls the use of land
within its limits through the regulations which constitute this title
and the ordinances and regulations which are incorporated by reference
into this title. Copies of this title are available for purchase at
town hall at a cost set by the code administrator. This title gathers,
in one place and one format, many of the ordinances and regulations
which control land development in the town.
(Ordinance 99-05 adopted 1999)
This title is organized as follows:
A.
This
chapter establishes general provisions and includes the purposes and
goals of this title;
B.
Chapter
16.08 of this title sets forth definitions of terms used in this title;
C.
Chapter
16.12 of this title governs administration of this title and establishes
procedures for various land use applications and other matters governed
by this title;
D.
Chapter
16.16 of this title establishes the various zone districts, the permitted
uses and other substantive requirements for each district, including
the town’s historic overlay zones;
E.
Chapter
16.20 of this title establishes various performance standards applicable
to development in the town; and
F.
Chapter
16.24 of this title establishes land subdivision regulations.
(Ordinance 99-05 adopted 1999)
This title shall become effective on the fifth day after publication and recording in the town ordinance book, and as provided by law. This title and all amendments to it become effective as provided in chapter 3 New Mexico Statutes Annotated, 1978 (as amended).
(Ordinance 99-05 adopted 1999)
The following, adopted by the town, may be amended from time
to time, and may be incorporated by reference into this title:
|
Title 15, chapter 15.12, “Landscaping”, of this
code;
|
|
Title 15, chapter 15.16, “Solar Energy Collection Systems
Protection”, of this code;
|
|
Title 15, chapter 15.24, “Storm Drainage”, of this
code;
|
|
Title 15, chapter 15.28, “Outdoor Lighting”, of
this code; and
|
|
The public works standards manual.
|
(Ordinance 99-05 adopted 1999; Ordinance 05-08, sec. 4, adopted 2005; Ordinance 06-10 adopted 2006; Ordinance 13-02 adopted 2013)
The following codes, relating to construction in New Mexico,
as they may be amended from time to time, are hereby adopted and incorporated
as part of this code. The referenced codes are available for inspection
during regular business hours in the office of the building inspector
of the town:
B.
New Mexico Commercial Code:
2009 New Mexico Commercial
Code.
C.
International Building Code:
2009 International Building
Code.
D.
New Mexico Residential Building Code:
2009 New Mexico
Residential Building Code.
E.
International Residential Code:
2009 International Residential
Code.
F.
New Mexico Energy Conservation Code:
2009 New Mexico
Energy Conservation Code.
G.
International Energy Conservation Code:
2009 International
Energy Conservation Code.
H.
New Mexico Existing Building Code:
2009 New Mexico Existing
Building Code.
I.
International Existing Building Code:
2009 International
Existing Building Code.
J.
New Mexico Plumbing Code:
2009 New Mexico Plumbing Code.
K.
Uniform Plumbing Code:
2009 Uniform Plumbing Code.
L.
Swimming Pool, Spa and Hot Tub Code:
2006 Swimming Pool,
Spa and Hot Tub Code.
M.
Uniform Swimming Pool, Spa, and Hot Tub Code:
2006 Uniform
Swimming Pool, Spa, and Hot Tub Code.
N.
New Mexico Mechanical Code:
2009 New Mexico Mechanical
Code.
O.
Uniform Mechanical Code:
2009 Uniform Mechanical Code.
P.
New Mexico Solar Energy Code:
2006 New Mexico Solar
Energy Code.
Q.
Uniform Solar Energy Code:
2006 Uniform Solar Energy
Code.
R.
National Electrical Code:
National Electrical Code,
2002.
S.
New Mexico Electrical Code:
2008 New Mexico Electrical
Code.
T.
New Mexico Electrical Safety Code:
2007 New Mexico Electrical
Safety Code.
U.
International Property Maintenance Code:
A certain document, three (3) copies of which are on file in the office of the town clerk, being marked and designated as the International Property Maintenance Code, 2015 edition, as published by the International Code Council, is hereby adopted as the property maintenance code of the town, for regulating and governing the conditions and maintenance of all property, development, buildings and structures; by providing the minimum standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and addressing dangerous buildings, structures and properties unfit for human occupancy and use, or posing an existing or potential threat to the public health, welfare and safety of the residents of the community, and the demolition of such existing buildings, structures and properties as herein provided; providing for the issuance of permits and collection of fees and fines herein; and each and all the regulations, provisions, penalties, conditions and terms of said property maintenance code on file in the office of the town are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in section 16.04.040.3 of this chapter.
V.
Life Safety Code:
NFPA 101 Life Safety Code, 2009.
W.
Installation of Fire Sprinkler Systems:
NFPA 13 Installation
of Fire Sprinkler Systems, 1999.
X.
Accessible and Usable Buildings and Facilities:
ICC/ANSI
A117.1-2003 (Accessible and Usable Buildings and Facilities).
(Ordinance 11-09 adopted 2011; Ordinance 16-08 adopted 2016)
A.
International Property Maintenance Code.
The following
sections of the International Property Maintenance Code, 2015 edition,
are hereby revised:
|
Section 101.1. Insert: Town of Taos.
|
|
Section 102.3 is revised as follows:
|
|
Repairs, alterations to a structure, or changes
of occupancy, shall be done in accordance with the procedures and
provisions of the New Mexico Commercial Building Code, NMAC 14.7.2,
the New Mexico Residential Building Code, NMAC 14.7.3, the New Mexico
Existing Building Code, NMAC 14.7.7, the New Mexico Energy Conservation
Code, NMAC 14.7.6, the New Mexico Fire Code, NMAC 10.25.5, the New
Mexico Mechanical Code, NMAC 14.9.2, the New Mexico Plumbing Code,
NMAC 14.8.2, and NFPA 70.
|
|
References to the International building codes in sections 305.1.1,
306.1.1, 401.3, 502.5, 505.1, 602.2, 602.3(A), 604.3.1.1, 702.1, 702.2,
702.3, 704.1, 704.2.4, are revised to refer to the appropriate New
Mexico building code.
|
|
Section 103.1 is revised as follows:
|
|
Administration of this ordinance is assigned to
the planning, community & economic development department and
the executive official in charge thereof shall be known as the code
official.
|
|
Section 103.4 is revised as follows:
|
|
The code official, member of the planning &
zoning board or employee charged with the enforcement of this ordinance
shall not be rendered civilly or criminally liable as provided in
the New Mexico Tort Claims Act, NMSA 1978 section 41-4-1 et seq.
|
|
Section 103.4.1 is revised as follows:
|
|
Any suit or criminal complaint instituted against
any officer or employee because of an act performed by that officer
or employee shall be defended and indemnified until final termination
of the proceedings as specified in the New Mexico Tort Claims Act,
NMSA 1978 section 41-4-4.
|
|
Section 103.5. Insert: $100.00 per visit per site inspection
if required for compliance, other than the initial investigation and
close-out inspection.
|
|
Section 108.1 shall be revised as follows:
|
|
When a structure or equipment is found by the code
official to be unsafe, or when a structure is found unfit for human
occupancy, or is found unlawful, the condition shall be addressed
as provided in this ordinance and as otherwise provided by state law.
|
|
Section 108.2 shall be revised as follows: The first sentence
shall be revised to provide as follows:
|
|
If the structure is vacant and unfit for human habitation
and occupancy, and is not in danger of structural collapse, the code
official is authorized to post a placard on the premises and order
the structure closed up so as not to be an attractive nuisance.
|
|
Section 108.3 shall be revised as follows:
|
|
Whenever the code official has condemned a structure
or equipment under the provisions of this section, notice shall be
posited in a conspicuous place in or about the structure affected
by such notice and served on the owner, owner’s authorized agent
or the person or persons responsible for the structure or equipment
in accordance with section 107.3. If the notice pertains to equipment,
it shall be placed on the equipment. The notice shall be in the form
prescribed in section 107.2.
|
|
Section 108.4 shall be revised as follows:
|
|
Upon the failure of the owner, owner’s authorized
agent or person responsible to comply with the notice provisions within
the time given, the code official shall post on the premises or on
the defective equipment a placard and a statement of the penalties
provided for occupying the premises, operating the equipment or removing
the placard.
|
|
Section 108.4.1 shall be revised as follows:
|
|
The code official shall remove the placard whenever
the defect or defects upon which the placarding action was based have
been eliminated. Any person who defaces and removes a placard without
the approval of the code official shall be subject to the penalties
provided by this code.
|
|
Section 108.5 shall be revised as follows:
|
|
Any occupied structure placarded by the code official
shall be vacated as ordered by the code official. Any person who shall
occupy a placarded premises or shall operate placarded equipment,
and any owner, owner’s authorized agent or person responsible
for the premises who shall let anyone occupy a placarded premises
or operate placarded equipment shall be liable for the penalties provided
by this code.
|
|
Section 111.1 shall be revised as follows:
|
|
Any person directly affected by a decision of the
code official or a notice or order issued under this code shall have
the right to appeal to the planning and zoning commission, provided
that a written application for appeal is filed within twenty (20)
days after the day the decision, notice or order was served. An application
for appeal shall be based on a claim that the true intent of this
code has been correctly interpreted, the provisions of this code do
not apply, or the requirements of this code are adequately satisfied
by other means.
|
|
Sections 111.2, 111.2.1, 111.2.2, 111.2.3, 111.2.4, 111.2.5,
111.3, 111.4, 111.4.1, 111.5, and 111.6 shall be deleted.
|
|
Section 111.7 shall be revised as follows:
|
|
Any person, whether or not a party to the appeal,
may apply to the court for an appropriate writ of certiorari to address
matters of concern in a final order of the planning commission.
|
|
Section 112.4. Insert: $300.00 per day per violation.
|
|
Section 302.4. Insert: 6 inches.
|
|
Section 304.14. Insert: April 15 to November 1.
|
|
Section 602.3. Insert: November 1 to April 15.
|
|
Section 602.4. Insert: November 1 to April 15.
|
|
Chapter 8 shall be revised to refer to the appropriate New Mexico code as described in section 102.3 of this code.
|
|
Appendix A: Include.
|
(Ordinance 16-08 adopted 2016)
All other ordinances of the town enacted prior to the effective
date of this title or any amendment hereto, to the extent to which
they are in conflict with this title or any amendment hereto, are
hereby repealed. Any variance, conditional use permit or special use
permit issued before September 21, 1999, and for which construction
has not begun within one year of the effective date of this title,
shall be repealed within one year of the effective date of this title.
(Ordinance 99-05 adopted 1999; Ordinance 16-08 adopted 2016)
A.
The purposes of this title are to promote the health, safety and general welfare of the community; to implement the goals and policies of the town, as listed in the town’s master plan, and as amended from time to time, in sections 16.04.050.2 and 16.04.050.3 of this chapter; to comprehensively regulate land use and development; to create an orderly system of land use administration and appeals in order to simplify the application process for the public; and to conserve personnel resources of the town.
B.
It is the intention of the town council, by adopting and enforcing this title, to exercise all relevant powers conferred on the town by the laws of the State of New Mexico, including, but not limited to, articles 7, 18, 19, 20, 21, and 49 of chapter 3 New Mexico Statutes Annotated, 1978, as they now exist and as they may be amended hereafter.
(Ordinance 99-05 adopted 1999)
The goals of the land use development code shall be consistent
with the town’s master plan and shall include, but shall not
be limited to:
A.
Minimizing
congestion in the streets and public ways;
B.
Providing
adequate light and clean air;
C.
Ensuring
appropriate population and structural densities in accordance with
maximum allowable densities;
D.
Facilitating
adequate provision for transportation, water, sewage disposal, schools,
parks and other public infrastructure and facilities;
E.
Controlling
and abating the inappropriate use of buildings and land;
F.
Conserving
the value of buildings and land;
G.
Encouraging
the most appropriate land uses;
H.
Maintaining
a livable, attractive and economically viable community;
I.
Promoting
traditional, cultural and aesthetic values;
J.
Protecting
the public’s health, safety and general welfare, to include
securing the town from fire, floodwaters, panic and other dangers;
K.
Protecting
and enhancing the natural resources, open spaces and agricultural
lands of the Taos Valley; and
L.
Protecting
the character and livability of neighborhoods.
(Ordinance 99-05 adopted 1999)
In order to facilitate achievement of the goals and purposes
of this title, the town adopts the following policies as a guide to
all officials and citizens in the decision making process. It is recognized
that not all policies can or will be given effect in a given situation
and that choices between policies shall be made by officials and employees
of the town in accordance with this title, particularly when implementation
of one or more policies will be inconsistent with another policy or
policies. The following are the policies to guide implementation of
the goals and purposes of this title:
A.
To
sustain and strengthen the town as a regional shopping and service
center;
B.
To
encourage the continued use of the plaza and the central business
district for a mixture of uses and activities to serve the needs of
residents and tourists;
C.
To
encourage a wide variety of cultural activities and uses to serve
the needs of residents and tourists;
D.
To
maintain and enhance the town’s unique urban environment, unique
historical and multicultural atmosphere, and unique visual and scenic
beauty;
E.
To
encourage the design of structures, buildings and improvements in
accordance with the architectural traditions of the community;
F.
To
assure appropriate landscaping be provided as a soil erosion preventative,
as a visual buffer, and as otherwise beneficial in all areas and regarding
all uses of land;
G.
To
encourage appropriate disposal of garbage, waste and litter;
H.
To
promote decent, safe, sanitary and affordable housing for all residents;
I.
To
encourage appropriate housing development by the private sector, public
housing authorities, and other agencies or sponsors of government
subsidized housing;
J.
To
encourage development of multi-family dwellings and other housing
designed to accommodate the elderly, handicapped or other people with
special needs;
K.
To
promote planned unit development, cluster development, and developments
which decrease traffic congestion and vehicle miles traveled, protect
open space, and can be efficiently provided with services and utilities
supplied by the town or another governmental unit or district;
L.
To
encourage the use of solar energy and other sustainable alternatives;
M.
To
encourage the concentration of new development within the town’s
corporate limits and within, near or adjacent to the town’s
municipal and utility service area boundaries;
N.
To
consider expansion of the corporate limits in accordance with the
town’s ability to provide necessary services, and with citizen
participation from affected areas;
O.
To
encourage expansion of public services and utilities as appropriate
to promote orderly growth, encourage desired land use patterns, minimize
adverse environmental impacts, and respond to the need for public
utilities and services;
P.
To
minimize the duplication of existing services and facilities provided
by the town and to encourage use and expansion of existing town services
and facilities;
Q.
To
encourage planned traffic, bicycle and pedestrian routes and creation
of a cohesive and integrated transportation system;
R.
To
discourage developments which promote growth in unsuitable areas and
to preserve the town’s limited amount of irrigated farmland;
S.
To
provide adequate law enforcement and fire protection facilities, programs
and services for the safety of residents and property;
T.
To
ensure that structures, utilities and service facilities are built
to applicable local, state and federal standards;
U.
To
encourage construction of public facilities at convenient locations
which promote efficient provision of services and utilities in response
to public need, utilizing construction methods that efficiently use
energy resources;
V.
To
encourage development of indoor and outdoor recreational facilities,
especially for those activities of continuing high public demand and
to encourage multiple use of recreational areas and facilities;
W.
To
require that developers preserve an appropriate amount of land to
meet the recreational, open space and school needs of the residents
of the town and its development, and otherwise pay fees arising from
the impacts of the development outside its boundaries;
X.
To
encourage cooperative and long range land use planning efforts between
the town, Taos County, Questa, Red River, Penasco, Taos Pueblo, Picuris
Pueblo, local and regional school districts, and local and regional
special purpose districts; and
Y.
To
encourage citizen input regarding governmental decisions and to encourage
clear delineation and equitable application of all town land use regulations.
(Ordinance 99-05 adopted 1999; Ordinance 09-19 adopted 2009)
The provisions of this title are severable and if any paragraph,
section, subsection, provision, sentence, clause, phrase, word, or
part of this title is held illegal, invalid, unconstitutional, or
inapplicable to any person or circumstance, such illegality, invalidity,
unconstitutionality or inapplicability shall not affect or impair
the remainder of this title and its application to other persons or
circumstances.
(Ordinance 99-05 adopted 1999)
The headings of sections and other provisions of this title
are placed in this title for convenience only and shall not be construed
to modify, amend or otherwise affect the actual text of this title.
(Ordinance 99-05 adopted 1999)
Chapters 16.16 and 16.20 of this title apply to all land located
in the town, as determined by the joint powers agreement with Taos
County signed August 23, 1978, and as may be altered by any amendment
to the joint powers agreement.
(Ordinance 99-05 adopted 1999; Ordinance 09-19 adopted 2009)
All other provisions of this title not referred to in section 16.04.070.1 of this chapter shall apply to all land located in the town and in its concurrent planning and platting jurisdiction as determined by section 3-19-5 New Mexico Statutes Annotated, 1978.
(Ordinance 99-05 adopted 1999)
All maps referred to in this title, including, but not limited
to, the zone map as amended from time to time with zone changes approved
by the governing body, are incorporated herein by reference and made
a part of this title.
(Ordinance 99-05 adopted 1999)
Where uncertainty exists concerning the boundaries of any zone
shown on the zone map, the following rules shall apply:
A.
If
a boundary is on or in a street, alley, highway, road, or other public
right-of-way, or follows a river, arroyo, streambed, or drainageway,
then such a zone boundary shall be the center of the street, alley,
highway, road, other public right-of-way, river, arroyo, streambed
or drainageway.
B.
If
a boundary line follows lot or property boundary lines, then such
lot or property lines shall be construed to be the zone boundaries.
C.
In
the case of unsubdivided property, where a zone boundary divides a
lot or parcel, the location of the zone boundary, unless precisely
indicated on the zone map by dimensions or legal description, shall
be determined by the use of the scale appearing on the zone map.
D.
Upon
vacation or abandonment of any public street, alley, right-of-way,
or any public easement, the area vacated or abandoned shall be included
in the same zone as the property to which it reverts unless otherwise
specified in the instrument of vacation or abandonment.
E.
Zone
district boundaries shown as approximately parallel to and outside
of a street, alley, highway, road, other public right-of-way or parallel
to and outside the borders of ponds, lakes, or other similar bodies
of water, or parallel to and outside an extension of streams, streambeds,
arroyos, drainageways, or other similar waterways, shall be interpreted
to be located parallel to the body of water or waterway or an extension
of the waterway at, and for the distance, as shown on the zone map.
Distances not specifically delineated on the zone map shall be determined
by the scale of the zone map.
F.
The
commission shall, by written decision, determine the location of any
zone boundaries whose location is in dispute or uncertain.
(Ordinance 99-05 adopted 1999; Ordinance 11-04 adopted 2011)
A.
The
original zone map shall be kept on file in the office of the town
clerk or his/her designee, and shall constitute the official map designating
the location of zone boundaries.
B.
A
copy of the zone map shall be available for public inspection in the
office of the code administrator during normal business hours.
(Ordinance 99-05 adopted 1999)
A.
All
amendments to and changes in the zone map shall be delineated on the
zone map by the town clerk or the clerk’s designee and shall
also be noted by the code administrator or the administrator’s
designee no later than ten (10) working days after such amendment
becomes effective.
B.
A
revised zone map shall be produced by the code administrator and town
clerk at the end of each fiscal year upon which are delineated all
amendments and changes that occurred during that fiscal year.
(Ordinance 99-05 adopted 1999)
This title shall be liberally interpreted in favor of the powers
of the town to carry out the objectives and policies of the town as
specified in this title and the town’s master plan.
(Ordinance 99-05 adopted 1999)
A.
This
title shall be interpreted to mandate minimum applicable requirements.
B.
If
any provision of this title conflicts with, or is inconsistent with,
any applicable provision contained elsewhere in this title or in any
other ordinance, regulation, or law, the more restrictive provision
or requirement shall be applicable and shall prevail.
(Ordinance 99-05 adopted 1999)
The provisions of this title shall be applicable to all persons,
as defined herein, and shall also be applicable to all public bodies,
boards, agencies, districts, corporations, or other public entities
of every type and kind to the full extent that this title is now and
may hereafter be applicable to and binding upon such public entities.
(Ordinance 99-05 adopted 1999)
The requirements of this title are cumulative. If a proposed
development, activity, building, structure, use, or other matter governed
by this title requires more than one permit, license, approval, or
review of any type, then the applicant must satisfy all of the requirements
of this title for each type of permit, license, approval, or review
prior to engaging in or commencing the project, development, activity,
building, structure, use or other matter governed by this title.
(Ordinance 99-05 adopted 1999)
The town, any public employee, any board or commission or other
public entity with duties pursuant to this title may approve or deny
any part of an application and approve or deny other parts in stages.
(Ordinance 99-05 adopted 1999)
All boards, commissions, departments, officials and employees
of the town vested with the duty or authority to issue any approval
shall conform to the provisions of this title and they shall issue
no permit, certificate, license, or approval of any kind in conflict
with the provisions of this title. Any such permit, certificate, license,
or approval issued in conflict with the provisions of this title shall
be null and void.
(Ordinance 99-05 adopted 1999)
It shall be the duty of the mayor, or the mayor’s duly
authorized representative, to enforce the provisions of this title
against all persons who violate this title, using any and all remedies
available for enforcement.
(Ordinance 99-05 adopted 1999)
Any use, activity, building, structure, or other matter governed
by this title that is erected, constructed, altered, enlarged, converted,
moved, maintained, or otherwise in existence contrary to the provisions
of this title shall be, and is hereby declared to be, unlawful and
a public nuisance. The town may commence judicial proceedings to abate
the public nuisance as allowed by the laws of the State of New Mexico.
(Ordinance 99-05 adopted 1999)
The town attorney shall, upon authorization by the town council,
the mayor or the town manager, immediately:
A.
Commence
an appropriate lawsuit, action or proceeding to abate, remove and
enjoin any use, building, structure, activity, public nuisance and/or
any other circumstance which is in violation of this title in the
manner provided by law; and
B.
Apply
to such courts that may have jurisdiction to grant such relief as
will restrain and enjoin any person, public body, board, agency, district,
corporation, or other public entity from acting in any manner whatsoever
which is contrary to the provisions of this title.
(Ordinance 99-05 adopted 1999)
Any violation of any of the provisions of this title shall constitute
a petty misdemeanor and, upon conviction thereof, shall be punishable
by a fine not to exceed five hundred dollars ($500.00) per day or
imprisonment not to exceed ninety (90) days, or by both such fine
and imprisonment.
(Ordinance 99-05 adopted 1999)
Each day during any portion of which any violation of this title
is committed or continued shall constitute a separate offense.
(Ordinance 99-05 adopted 1999)
A.
Any
ordinance adopted pursuant to these sections shall be enforced by
the zoning authority having jurisdiction, as municipal ordinances
are enforced.
B.
In
addition, if any building or structure is erected, constructed, reconstructed,
altered, repaired, converted, or maintained, or any building, structure
or land is used in violation of sections 3-21-1 through 3-21-14 New
Mexico Statutes Annotated, 1978, or any ordinance adopted pursuant
to these sections, the zoning authority may institute any appropriate
action or proceedings to:
1.
Prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use;
2.
Restrain, correct or abate the violation;
3.
Prevent the occupancy of such building, structure or land; or
4.
Prevent any illegal act, conduct, business or use in or about such
premises.
C.
The
ordinances, rules and regulations together with the zoning map of
the town shall be filed in the office of the town clerk and shall
be available for examination by any citizen.
(Ordinance 99-05 adopted 1999)
A.
A “nonconformity”, as defined in section 16.08.020.3 of this title, may continue so long as it remains otherwise lawful and is not removed, abandoned for a period of at least six (6) months or more, destroyed, or otherwise terminated. It is not the intention of this title to encourage the survival of nonconformities.
B.
A
nonconformity may not:
1.
Be substantially or significantly enlarged, expanded, intensified,
increased, moved, or extended;
2.
Be reconstructed or continued after damage from any cause, including,
but not limited to, natural disaster, which destroys in excess of
fifty percent (50%) of the value of the nonconformity;
3.
Be used as a basis for adding other structures, improvements, or
uses prohibited on property where a nonconformity is located;
4.
Occupy a substantially greater area of land than was occupied on
the date upon which the nonconformity became a nonconformity by operation
of this title or any amendment hereto; or
5.
Be resumed after it has been removed, abandoned for a period of at
least six (6) months or more, destroyed, otherwise terminated, or
replaced by any use, structure, development or activity permitted
under this title.
(Ordinance 99-05 adopted 1999)
Improvements and structures allowed in a zone may be erected
on a lot which does not meet the minimum lot size or frontage requirements
of this title or is otherwise nonconforming as to size or shape, if:
A.
The
lot was legally in existence on or before August 14, 1974, or on or
before the effective date of any zoning amendment adopted subsequent
to August 14, 1974, which caused the lot to be nonconforming; or
B.
The
lot is part of a subdivision, the preliminary plat of which was approved
by the planning and zoning commission on or before August 14, 1974,
or on or before the effective date of any zoning or other amendment
adopted subsequent to August 14, 1974, which caused the lot to be
nonconforming; and
C.
All
other requirements of this title not involving the size or shape of
the lot or its frontage are met.
(Ordinance 99-05 adopted 1999)
Uses, structures and improvements not allowed in the zone in which they are located, and which were legally in existence on or before August 14, 1974, or on the effective date of any zoning amendment adopted subsequent to August 14, 1974, which rendered the structure, improvement or use nonconforming, may be continued subject to the limitations in section 16.04.130.1 of this chapter.
(Ordinance 99-05 adopted 1999)
Nothing in this section 16.04.130 or elsewhere in this title shall prevent an official charged with protecting public safety or with the duty to enforce this title or other regulations governing the safety and maintenance of structures, from ordering the strengthening, repair, or other restoration to a safe condition, of any structure or part thereof declared to be unsafe by that official.
(Ordinance 99-05 adopted 1999)
A.
Nothing in this section 16.04.130 shall be deemed to require a change in the plan, construction, or intended use of a new structure or improvement which has received all approvals required by this title and on which actual construction was lawfully begun prior to the effective date of this title or any amendment hereto which would render such a structure or improvement nonconforming, so long as actual construction has been diligently carried on to completion.
B.
“Actual
construction” as used in this section means:
1.
Beginning construction of a foundation, or otherwise permanently
fastening construction materials to the ground or to one another for
the purpose of creating a structure or improvement; or
2.
Substantial demolition or removal of an existing building or other
structure preparatory to construction; provided that construction
of the structure is completed within two (2) years of the effective
date of this title or any amendment hereto which renders the structure
or improvement nonconforming.
(Ordinance 99-05 adopted 1999)
