(a)

Within the provisions established by this Chapter, there exist uses of land, structures and lots that were lawfully established before this Chapter was adopted or amended, that now do not conform to the standards of this Chapter. The purpose and intent of this Article is to regulate and limit the continued existence of those uses, structures and lots that do not conform to the provisions of this Chapter or any amendments thereto.

(b)

It is the intent of this Chapter to permit these nonconformities to continue until they are removed, but not to encourage their continuation except under the limited circumstances established in this Article. The provisions of this Article are designed to curtail substantial investment in nonconforming uses, structures and lots to preserve the integrity of this Chapter and the Community Plan.

(Prior code 16-22-1; Ord. 15-2002 §1)

(a)

Any use, structure or lot in existence and lawful at the time of adoption of the initial ordinance codified herein, or any subsequent amendment hereto which is not in conformance with the provisions of this Chapter or amendment, shall be considered a legal nonconforming use, structure or lot and may continue, pursuant to this Article.

(b)

A use which was approved by the Town Council prior to the adoption of the initial ordinance codified herein, which is in violation of the terms of this Chapter, may proceed to completion and implementation and be treated as a legal nonconforming use, provided that such completion and implementation are pursued with reasonable diligence and completed within eighteen (18) months from the initial ordinance codified herein. This time period may be extended for a period not to exceed six (6) months upon approval in accordance with procedures for a conditional use, as set forth in Article 21 above.

(c)

If this Chapter is found in conflict with the building codes as adopted by the Town, the building codes shall take precedence.

(Prior code 16-22-2; Ord. 15-2002 §1; Ord. 15-2008 §1)

(a)

Except as specifically provided in this Section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:

(1)

An increase in the total amount of space devoted to a nonconforming use; or

(2)

Greater nonconformity with respect to dimensional restrictions, such as setback requirements, height limitation or density requirements, or other requirements such as parking requirements.

(b)

A legal nonconforming use shall not be changed to any other use except a conforming use.

(c)

If a nonconforming use is discontinued or abandoned for a period of more than twelve (12) consecutive months, whether or not the equipment or furniture is removed, then such use or structure may not be reestablished or resumed, and any subsequent use or structure shall conform to the provisions specified by this Chapter. This time period may be extended for a period not to exceed twelve (12) months upon approval in accordance with procedures for a conditional use as set forth in Article 21 above. When government action can be documented as the reason for discontinuance or abandonment, the time delay by the government shall not be calculated for purposes of this Section.

(d)

If a nonconforming structure or portion thereof or a structure containing a nonconforming use becomes physically unsafe or unlawful due to the lack of repairs or maintenance and is declared by either the Building Inspector or the owner to be an unsafe structure, it shall thereafter be rebuilt and repaired in conformance with the standards of this Chapter and the building, plumbing, fuel gas, mechanical and electrical codes currently adopted by the Town.

(e)

A nonconforming structure or a structure housing a nonconforming use shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless it shall thereafter conform to the provisions of the zone into which it is moved.

(Prior code 16-22-3; Ord. 15-2002 §1)

(a)

Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged, and may or may not need a building permit, as determined by the Building Inspector. Major renovation or rebuild, defined herein as work estimated to cost more than fifty percent (50%) of the valuation of the structure to be renovated, must be renovated or replaced by conforming with current zoning and building codes, and will definitely require a building permit.

(1)

The only exception to Subsection (a) above shall be in the case of rebuilding following fire or natural disaster which causes more than fifty percent (50%) of the appraised valuation of the structure to need rebuilding.

(2)

This exception must be approved by the Design Review Board with the following findings:

a.

The structure was in use at the time of the fire or natural disaster.

b.

The owner of the structure at the time of the fire or natural disaster must be wishing to rebuild the structure.

c.

No change of use is taking place.

d.

Rebuilding must commence within six (6) months of the date of the disaster and receive a certificate of occupancy within twenty-four (24) months of commencing work.

(3)

Any change in size or type of a structure must be approved by the Design Review Board.

(b)

All major renovations, as defined in Subsection (a) above, must conform with Design Review Standards and shall mitigate potential safety issues as may be identified by the Design Review Board prior to commencing work. Potential safety issues include safety personnel access, snow shedding, fire and clear vision area.

(c)

Additions, defined herein as additional building square footage, shall conform with all applicable codes at the time of construction. Additions shall be excluded from calculations of "cost" for the purposes of this Chapter.

(d)

This Section shall not be in conflict with the building, mechanical, fuel gas, plumbing and electrical codes currently adopted by the Town. If any such conflict shall arise between the building codes and this Chapter, the building codes shall be considered prevailing.

(e)

For purposes of this Section:

(1)

The cost of renovation, repair or replacement shall mean the valuation as determined by the Building Inspector in the plans submitted for a building permit.

(2)

The cost of renovation, repair or replacement shall also mean the total cost of all such intended work, and no person may seek to avoid the intent of this Section by doing such work incrementally. All work done within three (3) years of the initial permit approval shall be considered in the total cost.

(3)

The cost shall exclude any new foundation and repair or replacement foundations for existing structures. This value is determined by a bid furnished to the owner.

(4)

The valuation shall mean the valuation determined by the County Assessor's most current valuation of improvements, not including the land. If the renovation, repair or replacement is less than the complete structure, then an average square footage price, calculated without respect to type of use, is applied to the proposed project area, defined herein as the area where any work is being done.

(f)

The Planning Director shall issue the building permit if he or she finds that, in completing the renovation, repair or replacement work:

(1)

No violation of Section 16-23-30 above will occur; and

(2)

The permittee will comply to the extent reasonably possible with all provisions of this Chapter applicable to the existing use (except that the permittee shall not lose his or her right to continue a nonconforming use). Reasonably possible compliance does not include increasing the size of a lot or moving a substantial structure sited on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements does not constitute grounds for finding that compliance is not reasonably possible.

(Prior code 16-22-4; Ord. 15-2002 §1; Ord. 15-2008 §1)

(a)

Where a legal lot of record on the effective date of the initial ordinance codified herein does not conform to the standards of the zone district in which it is located, it shall be considered a legal nonconforming lot, subject to the provisions of this Article.

(b)

A legal nonconforming lot may be used for construction of a building allowed in the zone district, provided that all other zone district regulations, including but not limited to setbacks, are met.

(c)

The owner of a legal nonconforming lot of record may apply for any other use that is allowed by limited use review or allowed by conditional use review in the applicable underlying zone.

(d)

No lot conforming in size at the time the initial ordinance was codified herein shall be subdivided or reduced in size in such a way that it would become nonconforming.

(e)

For the purposes of compliance with the requirements of this Chapter, lots that have been reduced in size as a result of either an act of condemnation under the eminent domain authorities of Articles 1 through 7, Title 38, C.R.S, or the grant of a deed to such a condemning authority in lieu of condemnation, shall be considered to include such area transferred as a result of the condemnation action.

(Prior code 16-22-5; Ord. 15-2002 §1; Ord. 5-2018, §2)

Existing mobile homes in the Town shall not be replaced by another mobile home. Mobile homes may be replaced by manufactured homes and modular homes, provided that the manufactured home or modular home conforms to the requirements of the particular zone district it is to be set in. Mobile homes, manufactured homes and modular homes are defined as follows:

Manufactured home means factory-built, single-family structures that meet the National Manufactured Home Construction and Safety Standards Act, (42 U.S.C. § 5401), commonly known as the HUD Code.

Mobile home means a single-family dwelling built on a permanent chassis designed for long-term residential occupancy and containing complete electrical, plumbing and sanitary facilities and designed to be installed in a permanent or semi-permanent manner with or without a permanent foundation, which is capable of being drawn over public highways as a unit or in sections by special permit.

(Section 38-12-201.5[2], C.R.S.)

Modular home means a single-family dwelling which is partially or entirely manufactured in a manufacturing facility, is installed on an engineered permanent foundation; has brick, wood or cosmetically equivalent exterior siding and a pitched roof; and is certified pursuant to the building code adopted by the Town.

(Prior code 16-22-6; Ord. 15-2002 §1, Ord. 15-2008 §1)

(a)

The Town Council may order termination or change of a prior nonconforming use or structure where it is determined, after a public hearing, that the termination or change required is in the interests of public health, safety or welfare, and such use is any of the following:

(1)

A junkyard;

(2)

A sign;

(3)

Not essential to the economic usefulness of the buildings and other improvements involved, and they can be relocated at reasonable cost; or

(4)

If continued in its existing form, presents a serious danger to the public health or safety.

(b)

An order shall be issued pursuant to this Section only after a public hearing where the parties responsible for the use or structure are given notice. An order issued under this Section shall only require action or inaction sufficient to remove the grounds for issuance of the order. The order issued pursuant to this Section may require termination or change forthwith or within a reasonable period of time, where such delay is found to be just and reasonable in light of the following considerations:

(1)

The type and location of the use or structure;

(2)

The degree of nonconformance of the use or structure;

(3)

The degree of immediate danger to public health and safety resulting from the use or structure; and

(4)

The economic effect on the parties responsible for the use or structure resulting from the ordered termination or change.

(Prior code 16-22-7; Ord. 15-2002 §1)

Any person who violates the provisions of this Article shall be guilty of a misdemeanor and, in addition to the penalties provided for herein, upon conviction shall be punished in accordance with the provisions of Section 1-4-20 of this Code.

(Prior code 16-22-8; Ord. 15-2002 §1; Ord. 15-2008 §1)