Article 21 — Nonconforming Uses

A nonconforming use or structure may be continuously maintained except as otherwise provided in this chapter. Nothing in this article shall be construed to preclude routine maintenance and repair of a nonconforming use or structure including, but not limited to, repainting or resurfacing the exterior walls of the structure, repairing an existing roof, replacing the roofing material, or bringing the use or structure into greater conformity with the provisions of this chapter. (Ord. 159, § 85.01; Ord. 298, § 1; Ord. 559, § 5; Ord. 671, § 9)

• (a) Termination by Action. Any of the following actions shall automatically terminate the right to utilize a nonconforming use or structure:

  • (1) Changing a nonconforming use to another use;

  • (2) Increasing or enlarging the area, space, or volume occupied by or devoted to such nonconforming use or structure;

  • (3) Adding to a nonconforming use another use not permitted in the zone;

  • (4) Discontinuing a nonconforming use for a period of 12 or more successive months, except when such time is necessary for making repairs pursuant to Section 9-2.2103 ;

  • (5) Voluntarily dismantling, destroying, or demolishing 50% or more of a nonconforming structure. For purposes of this paragraph, 50% or more of a nonconforming structure is

voluntarily dismantled, destroyed, or demolished if either of the following events have occurred:

  - (i) Fifty percent or more of the linear distance of the exterior walls of the structure have been voluntarily dismantled, destroyed, or demolished, to the extent that there is no longer a permanent barrier between the two sides of the previously existing exterior wall(s), or 

  - (ii) The roof and ceiling which cover 50% or more of the existing floor area, as well as the finished floor located below that portion of the roof and ceiling, have been removed, so as to expose and open that portion of the floor area from the foundation or exposed concrete slab to the sky. 

• (b) Termination of a Nonconforming Use or Structure by Determination that the Use or Structure Constitutes a Public Nuisance. A nonconforming use or structure shall be brought into compliance with the provisions of this Code if the use or structure has been determined to be a public nuisance in compliance with the provisions for abatement of public nuisance contained in Chapter 10 (Abatement of Public Nuisances) of Title 5 (Public Welfare) of the Artesia Municipal Code, or any successor provisions thereto.

• (c) Exception . Notwithstanding the provisions of Subsection (a) , the legal nonconforming status of two or more dwelling units on one lot, parcel or Assessor's parcel in the Single-Family Residential (R-1) or Agricultural-Single-Family Residential (A-1) Zone shall not automatically terminate by a minor addition or enlargement to one or more of the dwelling units provided all of the following limitations and standards are satisfied:

  • (1) None of the legal nonconforming dwelling units on the lot, parcel or Assessor's parcel were constructed as an accessory dwelling unit under the City's Second Unit Ordinance (Ord. No. 658) and each unit was lawfully constructed prior to the adoption of Ord. No. 658 on July 28, 2003.

• (2) The living area of each legal nonconforming dwelling unit is not increased or enlarged by more than 100 square feet and is done in accordance with the development standards set forth in Section 9-2.2705 of Article 27 or Section 9-2.2805 of Article 28 of this chapter. Each legal nonconforming dwelling unit on the lot, parcel or Assessor's parcel may be increased or enlarged in accordance with this subsection pursuant to one or more applications filed with the City, provided that the cumulative amount of square footage added over time to each nonconforming dwelling unit shall not exceed 100 square feet.

  • (3) The number of off-street parking provided for the legal nonconforming dwelling units that existed on the lot prior to the proposed increase or enlargement of living area is not decreased.

• (Ord. 159, § 85.02; Ord. 298, § 1; Ord. 529, § 10; Ord. 559, § 6; Ord. 671, § 10; Ord. 11-774, § 7; Ord. 19-875, § 9)

A nonconforming building or structure or a building or structure housing a nonconforming use which is accidentally damaged or destroyed, such as by fire, flood, earthquake or other natural disaster, may be repaired or rebuilt and the nonconforming use reestablished. The degree of nonconformity shall not be increased under any circumstances. In addition, any applicant for a conditional use permit, variance or design review approval shall deposit, with the application fee, the business license tax and any applicable business permit fee required in Chapter 1 of Title 3 of this Code for the business, if any, that will occupy the property that is the subject of the application. (Ord. 298, § 1; Ord. 424, § 1; Ord. 519, § 3)