Zoning Ordinance

City of Roswell
P.O. Drawer 1838
Roswell, NM 88202-1838
(505) 624-6700
Fax: 624-6709

 

ARTICLE 22:
NON-CONFORMING USES

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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