Chapter 16 [Title 16] of the town code, adopted as Ordinance No. 81-13 on December 16, 1981.
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:
Does not conform to the current regulations prescribed in the
district in which such use, structure or land is located;
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;
Was in existence and lawfully constructed, platted, located
and operating prior to, the regulations that made such use, structure
or land nonconforming; and
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)
The burden of establishing the nonconforming status of a use,
structure or land shall be upon the owner of the claimed nonconformity
and not upon the town.
(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)
The status of a nonconformity shall not be affected by changes
of tenancy, ownership or management.
(Ordinance 20-04 adopted 2020)
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)
