(a)

The intent of this Article is to recognize that, within the districts established by this Chapter, there exist lots, uses of land, structures and uses of structures which were lawful before June 17, 1987, June 17, 1987, but which would be prohibited, regulated or restricted under the provisions of this Chapter. These nonconformities shall be allowed to continue in accordance with the terms of this Chapter. It is the intent of this Article that nonconformities shall not be enlarged, expanded, extended, increased or be used as grounds for adding other structures or uses prohibited in the same district.

(b)

Nothing in this Article shall be deemed to require a change in plans, construction or designated use of any building for which a building permit was lawfully obtained from the Town prior to June 17, 1987, provided that construction is commenced within 60 days after obtaining said building permit and diligently prosecuted to completion. However, subsequent to completion, said building shall be subject to the provisions of this Chapter pertaining to nonconformities.

(Ord. No. 3.43, Art. I, § 5.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot which was of record before June 17, 1987. This provision shall apply even though such lots fail to meet the requirements for the area, width or both that are applicable in the given district. However, all setbacks shall conform to the provisions of this Chapter.

(Ord. No. 3.43, Art. I, § 5.2, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

A use of land which was lawful before June 17, 1987, was adopted may continue to exist even though the use would be prohibited, regulated or restricted under the provisions of this Chapter, subject to the following provisions:

(1)

Such nonconforming use of land shall not be enlarged, expanded, extended, increased or moved to occupy an area of land which was not occupied before June 17, 1987.

(2)

If any such nonconforming use of land is discontinued for any reason for a period of more than 60 consecutive days, any subsequent use of such land shall conform to the provisions of this Chapter and amendments.

(Ord. No. 3.43, Art. I, § 5.3, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

A structure which was lawful before June 17, 1987, may continue to exist, even though the structure would be prohibited, regulated or restricted under the provisions of this Chapter, subject to the following provisions:

(1)

Such nonconforming structure shall not be enlarged or altered in a manner which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

Should such nonconforming structure or portion thereof be damaged or destroyed by any means or declared unsafe by the Building Inspector to an extent of more than 50 percent of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this Chapter. If the reconstruction cost is less than or equal to 50 percent, the structure may be strengthened or restored to a safe condition, provided that the original nonconformity is not enlarged, increased or extended and construction is commenced within six months.

(3)

Should such nonconforming structure be moved for any reason for any distance whatever, it shall conform to the provisions of the district in which it is located after the move.

(Ord. No. 3.43, Art. I, § 5.4, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

A use of a structure which was lawful before June 17, 1987, may continue to exist even though the use would be prohibited, regulated or restricted under the provisions of this Chapter, subject to the following provisions:

(1)

Existing structures devoted to a nonconforming use shall not be enlarged, expanded, extended or altered to accommodate nonconforming uses or other uses not allowed in the district in which the structure is located.

(2)

A nonconforming use may be extended throughout the same structure if no structural alteration of such structure is proposed or made for the purpose of such an extension.

(3)

If a permitted use supersedes a nonconforming use in all or part of an area in a structure, that area shall thereafter conform to the provisions of this Chapter.

(4)

When a nonconforming use of a structure is discontinued or abandoned for 60 days, any subsequent use of such structure shall conform to the provisions of this Chapter.

(5)

Should a structure devoted to a nonconforming use be damaged or destroyed by any means, the structure may be reconstructed and the nonconforming use reestablished to the extent permitted by the provisions of Paragraph 16-4-40(2) above.

(Ord. No. 3.43, Art. I, § 5.5, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

Any nonconforming structure or a structure devoted to a nonconforming use may be repaired and maintained for ordinary upkeep. Such repairs and maintenance shall not enlarge, expand, extend or increase the nonconformity in any manner. Also, such repairs and maintenance shall not exceed 50 percent of the current replacement cost of the nonconforming structure or a structure devoted to a nonconforming use.

(Ord. No. 3.43, Art. I, § 5.6, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The Town Council may require the termination of a nonconforming use, subject to the following provisions:

(1)

The Town Council may initiate a public hearing on its own or upon the recommendation of the Planning Commission.

(2)

The Town Clerk shall schedule meetings before the Planning Commission and the Town Council.

(3)

At least 15 days prior to the hearing before the Planning Commission and the Town Council, notices of public hearing will be published by the Town in at least one issue of a newspaper of general circulation in the Town. Said notice shall read as follows:

NOTICE OF PUBLIC HEARING

Notice is hereby given that on (day of week), (month and date), 20___, at _____ a.m./p.m., or as soon as possible thereafter, in the Meeting Room of the Town of Larkspur, 8720 Spruce Mountain Road, Larkspur, Colorado, or at such other time and place as this hearing may be adjourned, a public hearing will be held for a proposed termination of a nonconforming use located approximately (distance and direction from nearest major intersection).

Legal Description: ___________

Published in (name of newspaper) on (date of publication).

(4)

At least 15 days prior to the public hearings before the Planning Commission and Town Council, the Town Planner shall mail a notice of said hearing by certified mail, return receipt requested, to the property owner of the affected property and owners of property adjacent to and within 500 feet of the property under consideration as shown in the records of the office of the County Assessor.

(5)

If the proposed termination of a nonconforming use is approved by the Town Council, the use may be continued for a period of two years from the date of approval, after which time the nonconforming use shall cease.

(Ord. No. 3.43, Art. I, § 5.7, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)