1. 1.
   No Expansion. Ensure that nonconformities do not expand except in accordance with the standards established in this Chapter; 
2. 2.
   Activities Prompting Compliance. Articulate the development activities that result in the need for a nonconformity to come into compliance with this Code; and  
3. 3.
   Conformance. Bring all nonconformities either into eventual conformance with this Code or eliminate them.

1. 1.
   Generally. This Chapter applies to principal and accessory uses, structures, lots, lot improvements, and signs that were lawfully constructed or established but no longer conform to the regulations of this Code.
2. 2.
   No Enlargement of Nonconformity. There shall be no enlargement, extension, or intensification of any nonconformity except within the provisions of this Code, as articulated in Article 10-10-3, Compliance.  

1. 1.
   Except as provided in this Chapter, the lawful use and location of any nonconformity existing on the effective date of this Code may continue, even if they do not conform to the current requirements of this Code.
2. 2.
   The lawful use of a non-primary short-term rental may continue for a period of five years from the effective date of this Code after which the use shall terminate and any applicable license(s) shall expire.

1. 1.
   Buildings. All buildings that lawfully existed on the effective date of this Code are considered conforming structures with respect to their height and setbacks. Buildings that remain nonconforming include those:

   1. a.
      Constructed without required permits or in violation of permit requirements; and
   2. b.
      Proposed for addition or expansion that cannot demonstrate conformance with the standards of this Subsection.
2. 2.
   Lots. All lots that lawfully existed prior to the effective date of this Code are considered conforming lots with respect to lot area, width, and depth. Lots that remain nonconforming include those platted as conforming lots and later split by a metes and bounds description into a substandard lot.

1. 1.
   Enlargement or Alteration. Any increase in the gross floor area exceeding 50 percent, or construction, remodeling, or other alterations the costs of which exceed 50 percent of the fair market value of the structure; or
2. 2.
   Change in Use. Any change of a non-residential use or mixed-use that requires approval of a Site Plan or Master Development Plan and is in more intensive permitted use category, as established in Section 10-10-1.2, Nonconforming Uses.

1. 1.
   Property. The property is unable to accommodate lot improvements in conformance with code requirements;
2. 2.
   Maximum Practical Extent. The applicant is accommodating lot improvements to the maximum extent practical (either on- or off-site);
3. 3.
   Unreasonable Conditions. The exception will not create unreasonable conditions detrimental to the health, safety, or welfare of the citizens of Littleton or visitors to the community; and
4. 4.
   Not Permanent. Any exception granted shall allow the current application or permit to proceed and shall not be considered a permanent exception.  Exceptions shall be requested, reviewed, and considered each time the provisions of this Section are triggered.

Nonconforming Determination. The prohibited signs listed in Subsection 10-1-3.10.B, Sign Allowances and Prohibitions, are deemed nonconforming on the effective date of this Code.

Declaration. It is a declared purpose of this Section that nonconforming signs be eventually discontinued and that all other signs on the premises conform to the regulations of this Code.

Continuation. A nonconforming sign may be used and maintained in good repair, but it shall not be​ remodeled or enlarged after the effective date of this Code.

Termination. The right to use or maintain a nonconforming sign shall cease, and the sign shall be terminated if: 

1. 1.

   Enlargement or Alteration. The sign is altered, remodeled, removed, or enlarged;

2. 2.

   Replacement. The sign or structure is replaced;

3. 3.

   Relocation. The sign is relocated;

4. 4.

   Operation Ceased. 

   1. a.

      The use has ceased to operate on the premises on which the sign is located for a period of one year; or

   2. b.

      The premises on which the sign is located is leased and two years have passed since the most recent tenant has ceased to operate on the premises; or

5. 5.

   Damage or Destruction. The sign or a substantial part of it is destroyed or dismantled for any purpose other than maintenance or to change the letters, symbols, or other matter on the sign.

1. 1.
   Expanded or Enlarged. No such use shall be expanded or enlarged except in conformance with the floodplain regulations;
2. 2.
   Substantial Improvement or Substantial Damage Reconstruction. Substantial improvement of any nonconforming structure or use, or reconstruction of structures in whole or in part following substantial damage shall result require the entire structure to comply with the floodplain regulations;
3. 3.
   Discontinued Use. If a nonconforming use is discontinued for 12 consecutive months, any future use of the structure or property shall conform to the floodplain regulations;
4. 4.
   Public Nuisances. Uses or adjuncts thereof that are public nuisances shall not be permitted to continue as nonconforming uses. These uses shall include, but not be limited to, tents and makeshift structures, enclosures, or other shelters used for human habitation, except in locations expressly permitted by the Floodplain Administrator and having adequate sanitation facilities and flood evacuation plans; and 
5. 5.
   Modifications. Any alteration, addition, or repair to any existing nonconforming structure not constituting a substantial improvement shall be protected pursuant to the floodplain development requirements of Article 10-7-1, Floodplain Regulations.

1. 1.
   Designate Conformity. Designating the use or structure as conforming; or
2. 2.
   Establishment or Expansion. Allows re-establishment or reconstruction of a minor nonconforming use or structure beyond the limits established in this Chapter.

1. 1.
   Nuisances. Generates nuisances;
2. 2.
   Adjacent Properties. Is incompatible with adjacent properties;
3. 3.
   Comprehensive Plan. Is incompatible with the Comprehensive Plan;
4. 4.
   Crime. Generates  substantiated criminal complaints; or
5. 5.
   Health and Safety. Poses a risk to public health and safety.

1. 1.
   Review and Decision. In determining whether to approve, approve with conditions, or deny a Conditional Use Permit under this Section, the Commission shall consider the applicable decision criteria in Section 10-9-5.1, Conditional Use Permit, and any one or more of the following that applies to the request.

   1. a.
      Minor Nonconformity. The use or structure, as constructed, conducted, and managed, is considered a minor nonconformity and has been integrated into the neighborhood's function.
   2. b.
      Patrons and Employment. Nearby residents regularly patronize or are employed at the subject property.
   3. c.
      Nuisances. Construction or property management practices eliminate nuisances such as noise, glare, waste materials, unreasonably congested on-street parking, or similar conflicts.
   4. d.
      Previous Complaints.

      1. 1.
         There is no material history of complaints about the structure or use; or
      2. 2.
         The conditions of the approved Conditional Use Permit will eliminate the sources of the complaints.
   5. e.
      Disincentive for Maintenance. The structure or use has been maintained in good condition and its classification as a nonconformity would be a disincentive for such maintenance.
2. 2.
   Affirmative Findings. In order to approve a Conditional Use Permit, the Commission shall make affirmative findings on all of the applicable decision criteria.