Within the districts established by this title or amendment thereto, there may exist lots, structures or uses of land and structures, which were lawful before this title was adopted or amended, but which are prohibited in the future under terms of this title, as adopted or amended. It is the intent of this chapter to permit the continuance of these nonconforming uses until they are removed by economic forces or otherwise. It is the intent of this chapter to discourage the survival of nonconforming uses by prohibiting their enlargement, expansion or extension.

(Ord. 13, Series of 1980 § 6.01)

A.

Nonconforming uses existing at the time of the enactment of the ordinance codified at this title, which ordinance was adopted July 28, 1980, or any amendment to that ordinance or this title, may be continued on the same land area; provided, however, that the land area occupied by a nonconforming use may not be increased.

B.

Except as otherwise provided in Section 17.76.030, nonconforming uses shall not be:

1.

Changed to another nonconforming use;

2.

Enlarged or extended;

3.

Reestablished after discontinuance for 60 days;

4.

Rebuilt, altered or repaired after damage exceeding 60 percent of its fair market value immediately prior to damage; or

5.

Changed back to a nonconforming use after having been changed to a conforming use.

(Ord. 13, Series of 1980 § 6.02)

A.

Existing single-family or multi-family residences, excluding mobile homes, located in districts where they are not a use by right, may be rebuilt or repaired in the event of a casualty or act of God resulting in damage exceeding 60 percent of the structure's fair market value, with the following conditions:

1.

The casualty or act of God causing the damage: was not caused by the property owner for the purpose of evading the nonconforming uses section of this code;

2.

The square footage of the rebuilt or repaired structure does not exceed the square footage of the structure existing prior to the casualty or act of God;

3.

Any residential structure that is rebuilt or repaired as permitted by this section shall comply with provisions of the R-2 general residential zone district.

B.

Nothing in this code shall preclude the town from issuing a building permit to repair or remodel an existing single-family or multi-family residence in a zone district where single-family and multi-family residences are not a use by right, so long as said repair or remodel does not increase the square footage of the structure or the square footage of the footprint of structure.

(Ord. No. 3-2015, § 1, 6-8-2015)

Editor's note— Ord. No. 3-2015, § 1, 6-8-2015, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 13, Series of 1980 § 6.03.

Where the owner of a lot, as determined from the records in the office of the Garfield County recorder, in any district, at the time of the adoption of the ordinance codified at this title, which ordinance was adopted July 28, 1980, or his successor in title thereto, does not own sufficient contiguous land to enable him to conform to the minimum lot size requirements of this title, such lot may be used as a building site under the following circumstances:

A.

Where the lot area and lot width are not more than 20 percent below the minimum specified in this title, and other dimensional requirements are otherwise complied with, the director of community development shall issue a building permit.

B.

Where the lot area and lot width are more than 20 percent below the minimum specified in this title, or other dimensional requirements cannot be met, the board of adjustment is authorized to approve as a variance such dimensions as shall conform as closely as possible to the required dimensions.

(Ord. 13, Series of 1980 § 6.04)