Code.
Chapter 16 [Title 16] of the town code, adopted as Ordinance No. 81-13 on December 16, 1981.
Nonconformity/nonconforming use.
The use of land, use of a structure, a structure itself, or vacant land, including but not limited to substandard parcels or structures not complying with applicable dimensional standards, shall be deemed to have nonconforming status when the use, structure or land:
1. 
Does not conform to the current regulations prescribed in the district in which such use, structure or land is located;
2. 
Does not conform to the minimum lot size and use by right to develop under the base zoning district in which such lot, parcel or division is located;
3. 
Was in existence and lawfully constructed, platted, located and operating prior to, the regulations that made such use, structure or land nonconforming; and
4. 
The nonconforming use, structure or land has been in operation since the time that the use, structure or land first became nonconforming without abandonment.
(Ordinance 20-04 adopted 2020)
A nonconformity that lawfully existed on the date of adoption of the code, or that becomes nonconforming upon the adoption of any amendment to the code or as a result of annexation or the exercise of the principles of eminent domain, may be continued but only in accordance with the provisions of this ordinance [this chapter 16.28].
(Ordinance 20-04 adopted 2020)
Incidental repairs and normal maintenance of nonconforming structures or land shall not be construed as a violation of this ordinance [this chapter] unless such repairs increase the extent of nonconformity or are otherwise expressly prohibited by the code. Nothing in this ordinance shall be construed to prevent structures from being structurally strengthened or restored to a safe condition in accordance with an official order of a public official.
(Ordinance 20-04 adopted 2020)
A. 
Change of use.
A nonconforming use shall not be changed to any use except a use that is:
1. 
Similar to the previously established use;
2. 
The same or less intensive or nonconforming than the previously-established use; or
3. 
Otherwise allowed in the zoning district in which it is located.
B. 
Change to conforming use.
A nonconforming use may be changed to a use that conforms with the regulations for the zoning district in which the use is established, provided, however, that a nonconforming use so changed shall not in the future be changed back to a nonconforming use.
C. 
Change to another nonconforming use.
A nonconforming use shall not be changed to another nonconforming use.
(Ordinance 20-04 adopted 2020)
A. 
A nonconforming use in a residential zoning district shall not be enlarged or expanded unless such expansion eliminates or reduces the nonconforming aspects of the use, unless such expansion is permitted by the rules of the zoning district in which such dwelling or property is located, or unless the expansion pertains to an accessory use and the relevant zoning district permits an accessory use.
B. 
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a development permit.
C. 
A nonconforming use may be changed to a conforming use by securing a development permit.
D. 
Expansion for the sole purpose of complying with off-street parking standards shall not be considered expansion of a nonconforming use.
E. 
No temporary use permit shall be issued for a site containing a nonconforming use if the proposed temporary use or event has the potential to generate additional traffic, noise, fumes, hours of operation or other adverse impacts within the zoning district.
(Ordinance 20-04 adopted 2020)
Nonconforming, nonresidential uses of a structure or land, or a nonconforming, nonresidential structure may be changed or expanded by up to fifty (50) percent under a conditional use permit provided that the owner/applicant complies with all of the following conditions:
A. 
The re-use or expansion does not increase the intensity of development or alter the character of the nonconforming use on the site, according to any limitations set by the code relating to development standards for lot coverage, height, waste disposal, water use, setbacks, traffic generation, parking needs, landscaping, buffering, outdoor lighting, access or signage;
B. 
The change or expansion does not confer a privilege upon the owner/applicant;
C. 
The change or expansion is compatible with the surrounding uses of land and is beneficial to the health, welfare and safety of the community;
D. 
All nonconforming signs shall be brought into compliance with the requirements of the Taos Code; and
E. 
Expansion or re-use of unsightly or unsafe conditions associated with certain nonconformities, including but not limited to junkyards, mine sites, or industrial uses, are abated.
(Ordinance 20-04 adopted 2020)
A. 
If a nonconforming use ceases for any reason for a period of more than one (1) year, or if a nonconforming structure is abandoned and unoccupied for a period of more than one (1) year, the nonconforming status shall be considered abandoned. Once abandoned, the nonconforming status shall be lost and re-establishment of the nonconformity shall be prohibited. Any subsequent use or structure shall comply with the regulations of the zoning district in which it is located.
B. 
No use that is accessory to a principal nonconforming use shall continue after such principal use has ceased or terminated.
(Ordinance 20-04 adopted 2020)
A. 
A nonconforming structure may be used for any use permitted in the zoning district, subject to all applicable standards of the code.
B. 
A nonconforming structure may not be enlarged or expanded unless the expansion does not increase the extent of nonconformity.
C. 
A nonconforming structure may be moved or relocated if the movement or relocation eliminates the nonconformity. This provision shall not be interpreted as prohibiting the elevation of a nonconforming structure for the purpose of floodproofing or repair.
D. 
The right to operate and maintain a nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure is damaged in any manner and from any cause whatsoever, when the cost to repair such damage exceeds fifty percent of the replacement cost of such structure on the date of such damage. Similarly, the right to operate and maintain any nonconforming structure shall cease when the nonconforming structure becomes obsolete or substandard under the State of New Mexico or the town building codes, and the cost of placing such structure in lawful compliance with the applicable building code exceeds fifty percent of the replacement cost of such structure on the date that the proper official of the town determines that such structure is obsolete or substandard.
E. 
A conforming structure in which a nonconforming use is operated shall not be enlarged or extended except as permitted by law or ordinance.
(Ordinance 20-04 adopted 2020)
A. 
Any lot that does not conform to a dimension established in the code for the relevant zoning district but that is shown on the initial zoning map as being within that zone, shall be deemed nonconforming.
B. 
An owner/applicant may submit evidence demonstrating that the lot was either legally created prior to the enactment of the code, or that it was part of a subdivision or land division approved by the governing body after the enactment of the code.
C. 
If the owner/applicant has a notarized document or a document with a surveyor’s signature and seal demonstrating compliance with this section, the owner/applicant may submit the document to the town. The town shall determine if the notarized document establishes the existence of the lot on the effective date of the code.
D. 
If the owner/applicant cannot submit a document in compliance with this section, but has other evidence demonstrating that a lot is conforming, the evidence may be submitted to the town as described in section 15 of this ordinance [sic], who will make a finding concerning the evidence and status.
E. 
Conforming rights shall be granted to all lots in newly annexed areas in accordance with the provisions of this section. An owner seeking conforming rights shall apply to the town within sixty days of the effective date of the annexation.
(Ordinance 20-04 adopted 2020)
A. 
Single-family dwellings.
Vacant nonconforming lots may be developed with one single-family dwelling and accessory structure, provided that such development complies with all applicable requirements of the code or a variance is obtained.
B. 
Other uses.
Vacant nonconforming lots may be developed with uses other than single-family dwellings as may be allowed in the underlying zoning district, provided that such development complies with all requirements of the code.
C. 
Prohibition on reduction of lot size.
A nonconforming lot may not be further reduced in size except by application of the principles of accretion or reliction, by order of a court of competent jurisdiction or by application of the principles of eminent domain.
(Ordinance 20-04 adopted 2020)
A. 
Nonconforming lighting shall only be changed or replaced with conforming lighting, except for the periodic replacement of bulbs, as necessary.
B. 
Nonconforming lighting shall not be moved to any other location unless the move results in the entire light being brought into compliance with all applicable regulations of the code.
C. 
If a light is destroyed or rendered inoperable for any reason other than failure of the bulb it shall not be repaired unless such repair will bring the light into compliance with all applicable regulations of the code.
(Ordinance 20-04 adopted 2020)
A. 
An owner of a nonconformity shall register such nonconformity with the town by filing a registration statement on a form provided by the town.
B. 
Registration is not required for any nonconformity made nonconforming by any governmental action such as eminent domain, annexation or rezoning.
C. 
The registration statement shall set forth the details to establish that the nonconformity was lawfully established prior to the effective date of the code, and that the nonconformity has been continuously maintained since it was established, and the nonconformity has not been abandoned.
D. 
Registration is not required for a nonconforming lot, but an owner/applicant may apply for a determination that the lot is conforming by producing the information described in section 12 of this ordinance [sic] and obtaining a ruling from the town. Any such ruling is appealable as set forth in the code.
(Ordinance 20-04 adopted 2020)