Except as otherwise provided in this Article, the lawful use or aspect of any building, structure or land existing at the time of the enactment of the initial ordinance codified herein or any pertinent amendment hereto, may be continued even though it does not conform to the requirements of this Article. If the nonconforming use or aspect is in a building or structure which has been determined and designated a "historical building or monument" by appropriate action of the Town, county, state or federal government, such building or structure shall be exempt from the provisions of Sections 16-19-20 and 16-19-30 below, so long as said building is maintained in a safe and proper condition.

(Prior code 15-2-24; Ord. 4 §8, 1991; Ord. 2 §5, 1993; Ord. 4 §1, 2009; Ord. 22 §1, 2010)

Ordinary repairs and maintenance of a nonconforming building or structure shall be permitted; provided, however, that no structural alteration or improvement may be made.

(Prior code 15-2-24)

(a)

If a nonconforming building is damaged or destroyed by any cause to the extent of more than fifty percent (50%) of its fair market value, it shall not be restored except as a reasonable facsimile of such damaged or destroyed building or in full conformity with the restrictions of the zoning district in which it is situate.

(b)

If such a nonconforming structure is within the twenty-foot stream bank setback set forth in Subsection 16-11-50(b) of this Chapter, it may not be so restored as a reasonable facsimile within the setback unless a retaining wall is designed and constructed as set forth in said Subsection.

(Prior code 15-2-24; Ord. 2 §2, 1993)

Whenever a nonconforming nonresidential use or aspect has been discontinued or abandoned for a period of six (6) consecutive months or more, such use or aspect shall not thereafter be reestablished, and any future use of the building, structure or land shall be in conformance with this Article; except: (i) that such restriction shall not apply to hotel or lodge, motel, restaurant or resort nonconforming uses where (a) there has been no intervening different use or aspect, and (b) all water and sewer charges for said nonconforming use have been timely paid during the period of discontinued use or abandonment; and (ii) for nonconforming aspects approved by the Board as part of a reasonable facsimile of a historic building previously existing on the historic site, as historic building is defined in this Chapter. In making its decision, the Board shall utilize the Criteria for Board Decision and the requirements therein which are set forth in Section 16-19-80 below. The Board shall have the discretion to:

(1)

Impose such conditions upon the modifications to the proposed building as the Board deems appropriate to satisfy such Criteria for Board Decision; and

(2)

Require elimination of any nonconforming aspect which is not practically difficult to avoid.

(Prior code 15-2-24; Ord. 9 §1, 1994; Ord. 11 §1, 1995; Ord. 17 §17, 2007)

Whenever a nonconforming use or aspect of a building, structure or land has been changed to a more restrictive or conforming use or aspect, such use or aspect shall not thereafter be changed to a less restrictive use or aspect.

(Prior code 15-2-24; Ord. 4 §7, 1991)

The nonconforming use or aspect of a building, structure or land shall not be enlarged. Any proposal to allow the enlargement of a nonconforming accessory dwelling must also be reviewed under the conditional use procedures set forth in Article 8 of this Chapter, but need not conform to the requirement that it be deed-restricted only as a long-term rental unit.

(Prior code 15-2-24; Ord. 4 §7, 1991; Ord. 3 §27, 1994)

No lot or parcel of land, nor any interest therein, shall be transferred, conveyed, sold, subdivided or acquired, either in whole or in part, so as to create a new nonconforming use or new nonconforming aspect, building or structure, or to avoid, circumvent or subvert any provision of this Article. No building permit shall be issued for any lot or parcel of land which has been transferred, conveyed, sold, subdivided or acquired in violation of this Section, without knowledge of such violation; and any subsequent transferee shall have the right to rescind and/or receive damages from any transferor who violates the provisions of this Section.

(Prior code 15-2-24; Ord. 4 §7, 1991; Ord. 4 §1, 2009)

(a)

The Board, in its discretion and based on the following criteria, may override Sections 16-19-30, 16-19-40, 16-19-50 and 16-19-60 of this Article. Conditional waivers to increase the size of buildings that have nonconforming aspects apply to the following:

(1)

Additions in the setback;

(2)

Additions on nonconforming parcels which are too small, too large, too narrow or too wide; and

(3)

Additions to structures that are too high or too wide and that will add more structure that is too high or too wide.

(b)

No conditional waiver shall be granted which allows any fence or other structure to be erected within the largest rear yard setbacks on lots within Blocks 20, 21, 22, 27, 28 and 29. No conditional waiver shall be granted for an increase in floor area ratio beyond that which is allowed in the applicable zoning district. No conditional waiver shall be granted for a nonconforming aspect if such nonconforming aspect was created by the grant of a variance. No conditional waiver shall be granted to allow any further encroachment by a building or other structure into the twenty-foot or twelve-foot setback from the normal stream banks of Coal Creek as set forth in Subsection 16-11-50(b) of this Chapter.

(c)

Any proposal to enlarge a nonconforming aspect or to enlarge a structure on a nonconforming lot must be reviewed under the criteria set forth in Section 16-19-90 below to ensure that the proposal does not exacerbate potential problems caused by the existing nonconforming aspect.

(Prior code 15-2-24; Ord. 13 §3, 1991; Ord. 17 §3, 1991; Ord. 11 §3, 1992; Ord. 2 §3, 1993; Ord. 4 §1, 2009)

(a)

A nonconforming aspect shall not be approved unless the Board finds that the proposal complies with all the criteria set forth below. If the proposal does not comply with all of said criteria, the proposal shall either be approved with conditions that ensure compliance with all such criteria, continued to a date certain or denied by motion of the Board. If a continued request is not rescheduled by the proponent for discussion to occur on or before the date to which the request is continued, the request is deemed to be denied without further action by the Board.

(b)

The enlargement must:

(1)

Be consistent with the objectives and purposes of this Chapter and the applicable zoning district.

(2)

Be compatible with the neighborhood context and size. When determining compatibility with the neighborhood, the Board shall consider at least the following:

a.

Size;

b.

Density of buildings;

c.

Amount of open space;

d.

Scale;

e.

Maintenance of view corridors; and

f.

Provisions of similar or improved landscaping.

(3)

Not create significant adverse impacts on adjacent property owners, including but not limited to the following:

a.

Snow storage;

b.

Snow shedding;

c.

Snow removal;

d.

Solar access;

e.

Other significant design features; and

f.

Fire access.

(4)

Not create congestion, automotive or pedestrian safety problems or other traffic hazards.

(c)

Such waivers and the applicant's assertions shall be set forth in a written agreement as set forth in Section 16-9-70 of this Chapter.

(Prior code 15-2-24; Ord. 13 §3, 1991; Ord. 4 §1, 2009)