17.40.060   Conditional approval of nonconforming structures.
   A.   Structures that were built or installed prior to February 13, 2014, that do not conform to city zoning code will be allowed to remain in place so long as the following conditions are met:
      1.   Structure does not constitute an immediate threat to health or safety.
      2.   No negative impact on economic conditions or quality of life.
      3.   The proposed structure(s) fall within the setback requirements established in the zone  in which it is located.
   B.   If the proposed structure(s) does not meet conditions set forth in subsections A.2 or A.3, the property owner will be required to apply for conditional approval through the planning and zoning commission.
   C.   If the conditional approval is granted, a document will be filed at the Lea County Courthouse which will state approval of the nonconforming structure.
   D.   Process for conditional approval of nonconforming structures will be as follows:
      1.   Property owner will complete the most current version of the city planning and zoning application and conditional approval of nonconforming structure request.
      2.   Pay one hundred fifty- dollar, filing-and-processing fee.
      3.   Notice of the conditional approval request will be posted by the owner on the site of the property where the structure(s) is located fifteen days from the date of the public hearing.
      4.   Notice of the conditional approval request and the date and time of the planning and zoning commission public meeting will be provided by city staff to the owners of property located within one hundred feet of the site by certified mail fifteen days prior to the date of the public hearing.
      5.   The planning and zoning commission will conduct a public hearing to determine the approval or denial of the conditional approval request.
      6.   If approval is granted, the approval document will contain language that specifies the nonconforming structure may remain in place and indicate the reason(s) why the structure is considered to be in nonconformance.
         a.   In the event the nonconforming structure(s) is in conflict with setback requirements and is adjacent to public right-of-way(s) or easement(s), documentation will include the binding requirement that modification of the structure(s) to bring it into setback conformance or removal of the nonconforming structure(s), at the owner’s expense, will be required In the event that installation, replacement, construction, or repair of any municipal infrastructure or utilities permitted through franchise agreement(s) with the city.
         b.   If property owner refuses to comply with modifying the structure(s) to bring into conformance or remove nonconforming structure(s) for the aforementioned reason(s), the following actions will occur:
            i.   The approval of the nonconforming structure(s) will be revoked.
            ii.   The nonconforming structures(s) will be removed. The costs associated with the removal of the structure(s), plus any other penalties or costs allowed by law in connection therewith, shall be billed to the owner of record, who shall have fifteen days to submit payment in full. Failure to remit shall cause a lien to be placed upon the property from which such structure(s) were removed in the manner prescribed by law.
      7.   In the event of sale or transfer of ownership, the conditional approval of a nonconforming structure, if granted, is transferable. The same conditions and restrictions will remain in place.
(Ord. 557 (part), 2018)