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Mount Crested Butte
City Zoning Code

ARTICLE X

Nonconforming Sites, Uses, Structures and Site Improvements

21-426 Purposes.

Within the zone districts established by this chapter, there exist uses of land, buildings and structures that were lawfully established before this chapter was adopted or amended which would be in violation of the terms and requirements of this chapter. While permitting nonconforming uses, structures and improvements to continue, this article is intended to limit the number and extent of nonconforming uses and structures by prohibiting or limiting their enlargement, their reestablishment after abandonment and their restoration after substantial destruction.
(Ord. No. 12-07, § 1, 1-15-13)

21-427 Continuance.

Nonconforming sites, uses, structures and site improvements lawfully established prior to the effective date of the ordinance codified in this chapter may continue, subject to the limitations prescribed in this article. Lot uses, structures and lot improvements lawfully authorized by permits or regulations existing prior to the effective date of the ordinance codified in this chapter may continue, subject to such limitations as prescribed by such permits or regulations.
(Ord. No. 12-07, § 1, 1-15-13)

21-428 Nonconforming lots.

Lots lawfully established pursuant to regulations in effect prior to the effective date of the ordinance codified in this chapter which do not conform to the minimum lot area and dimensional requirements prescribed by this chapter for the district in which they are situated, may be continued and shall be deemed legally established building lots, subject to the lot development standards prescribed by this chapter. No such lot shall be further reduced in area or dimensions.
(Ord. No. 12-07, § 1, 1-15-13)

21-429 Nonconforming uses.

The use of a lot or structure lawfully established prior to the effective date of the ordinance codified in this chapter which does not conform to the use regulations prescribed by this chapter for the district in which it is situated, may be continued, provided that no such nonconforming use shall be enlarged to occupy a greater lot area or building floor area than it occupied on the effective date of the ordinance codified in this chapter. Any subsequent reduction in lot area or floor area occupied by a nonconforming use shall be deemed a new limitation, and the use shall not thereafter be enlarged to occupy a greater lot area or floor area than such new limitation.
(Ord. No. 12-07, § 1, 1-15-13)

21-430 Nonconforming structures and lot improvements.

Buildings and lot improvements lawfully established in compliance with the provisions of this chapter at the time of approval or construction as applicable, which do not currently conform to the development standards prescribed by this chapter for the district in which they are situated, may be continued. Such structures or lot improvements may be altered only as follows:
(a) 
Buildings or lot improvements which do not conform to requirements for setbacks, distances between buildings, height, building bulk control or lot coverage, may not be altered in a manner that increases the nonconformity. A building or structure may be altered, except for height restrictions, in a manner that continues the nonconformity.
(b) 
Buildings or lot improvements which do not conform to requirements for useable open space or landscaping and lot development may be enlarged, provided that the useable open space requirements applicable to such addition shall be fully satisfied, and provided that the percentage of the total site which is landscaped shall not be reduced below the minimum requirement.
(c) 
Buildings or lot improvements which do not conform to the off-street parking and loading requirements of this chapter may be enlarged, provided that the parking and loading requirements for such addition shall be fully satisfied.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-3, § 14, 4-16-19)

21-431 Maintenance and repairs.

Nonconforming uses, structures and lot improvements may be maintained and repaired as necessary for convenient, safe or efficient operation or use, provided that no such maintenance or repair shall increase the discrepancy between the use, structure or lot improvement and the development standards prescribed by this chapter.
(Ord. No. 12-07, § 1, 1-15-13)

21-432 Discontinuance.

The intent of the owner notwithstanding, any nonconforming use which is discontinued for a period of nine months, regardless of any intent to resume operation of use, shall not be resumed thereafter; and any future use of the lot or structures thereon shall conform to the provisions of this chapter.
(Ord. No. 12-07, § 1, 1-15-13)

21-433 Change of use.

A nonconforming use shall not be changed to another nonconforming use.
(Ord. No. 12-07, § 1, 1-15-13)

21-434 Restoration.

Whenever a nonconforming use which does not conform with the regulations for the zoning district in which it is located, or a nonconforming structure or lot improvement which does not conform with requirements for setbacks, distances between buildings, height, density control, building bulk control or lot coverage is destroyed by fire or other calamity through any manner not purposefully accomplished by the owner, or by act of God, to the extent of 50% or less, the use may be resumed or the structure may be restored, provided that restoration is commenced within one year and diligently pursued to completion. When destruction exceeds 50%, or the structure or lot improvement is voluntarily razed or removed, the structure or lot improvement shall not be restored except in full conformity with this chapter. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoration to the same condition as prior to such damage or partial destruction, to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates of cost for this purpose shall be made or reviewed by the zoning administrator and shall be based on the minimum cost of construction in compliance with the building code.
(Ord. No. 12-07, § 1, 1-15-13)