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Zoning Ordinance |
| City of Roswell P.O. Drawer 1838 Roswell, NM 88202-1838 (505) 624-6700 Fax: 624-6709 |
Section 1. Purpose The purpose of this article is to provide for the regulation of non-conforming uses and to specify those circumstances and conditions under which they shall be allowed to continue as legal non-conforming uses. Section 2. Authority to Continue Any non-conforming use that existed lawfully prior to the effective date of this Ordinance or any lawful use that has become non-conforming upon the adoption of this Ordinance or any subsequent amendment thereto, may be continued to operate, as it did prior to it becoming non- conforming, subject to the rules, regulations, and provisions of this article. Section 3. Restrictions Any non-conforming use, except residences, that does not conform with the regulations of the zoning district in which it is located shall be subject to the following: a. Repairs and Alterations. Ordinary cosmetic repairs and alterations may be made to a building or structure devoted to or designed for, in whole or in part, a use not permitted in the zoning district in which it is located, provided that no structural repairs or alterations are made in or to such building or structure, except those required by law or except to devote or design the building or structure for a use that conforms to the regulations of the zoning district in which it is located. b. Additions and Enlargements. A building or structure devoted to or designed for, in whole or in part, a use not permitted in the zoning district in which it is located, shall not be added to or enlarged in any manner unless such building or structure and its addition or enlargement is devoted to or designed for a use that conforms to the regulations of the zoning district in which it is located. c. Restoration as a Result of Damages. A building or structure devoted to or designed for, in whole or in part, a use not permitted in the zoning district in which it is located, that is damaged or destroyed by any means to the extent of fifty (50) percent or more of its replacement value at the time of its damage or destruction, shall not be restored except if such restoration results in a building or structure devoted to or designed for a use that conforms to the regulations of the zoning district in which it is located. d. Discontinuance of a Non-Conforming Use. In the event that a non-conforming use of a building, structure, or premises, or parts thereof, is discontinued for any reason for a period of six (6) months, the subsequent use of the same building, structure, or premises, or parts thereof that has been occupied by a non-conforming use and is changed to or replaced by a use conforming to the zoning district in which it is located, such building, structure, or premised, or parts thereof shall not thereafter be used or occupied by a non-conforming use, even though the building, structure, or premises, or parts thereof may have been originally designed and constructed for the prior non- conforming use.
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