The purpose of this Article is to regulate and limit the development and continued existence of uses, structures, lots, signs, and site features that were lawfully established prior to the Effective Date, but that no longer conform to the requirements of this Code.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

This Article applies to buildings, structures, lands, and uses that become nonconforming as a result of adoption, revision, or amendment to this Code.

(b)

Any legal nonconformity existing as of the Effective Date of this Code will also be a legal nonconformity under this Code, as long as the situation that resulted in the nonconforming status under the previous Code continues to exist.

(c)

If a nonconformity under the previous Code becomes conforming because of the adoption of this Code, then the situation will no longer be a nonconformity.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

Nonconforming Status.

(1)

It is the owner's burden to establish that a nonconforming use, lot, sign, or structure exists lawfully under this Code.

(2)

The use of land, use of a structure, lot, sign, outdoor lighting fixture, or structure may be determined to have a nonconforming status when each of the following conditions is satisfied:

a.

The use, lot, sign, outdoor lighting fixture, or structure was in existence and lawfully constructed, located and operating prior to, and at the time of, the event that made it nonconforming.

b.

The nonconforming status was caused by one of the following:

(i)

Annexation into the Town;

(ii)

Adoption of this Code or a previous zoning ordinance; or

(iii)

Amendment of this Code or a previous zoning ordinance.

c.

The nonconforming use, lot, sign, outdoor lighting fixture, or structure has been operating since the time that it first became nonconforming without abandonment, as defined in Section 15-9-30(e).

(3)

Nonconforming outdoor lighting fixtures are regulated in Section 15-6-40(f).

(4)

Nothing in this Section shall be interpreted as authorization for or approval of a continuance of the use of a structure or premises in violation of the regulations in effect at the time of the effective date of this LUC.

(b)

Authority to Continue. Nonconformities may continue to be used and occupied, subject to regulations as to the maintenance of premises and conditions of operations set forth in this Section, or unless the nonconformity is terminated as provided in this Section.

(c)

Ordinary Repair and Maintenance. Minor repairs or maintenance of nonconformities are permitted and encouraged, provided that the minor repairs and maintenance do not increase the extent of nonconformity. For purposes of this Section, "maintenance or minor repair" shall mean:

(1)

Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or exterior or interior appearance of a building or structure without expanding the building or structure;

(2)

Maintenance of land areas to protect against health and environmental hazards; and

(3)

Repairs that are required to remedy unsafe conditions that cause a threat to public safety.

(d)

Change of Ownership or Tenancy. Changes of ownership, tenancy, or management of property with an existing nonconformity may occur, but the nonconformities shall continue to be subject to the provisions of this Article.

(e)

Discontinuance and Abandonment.

(1)

When a nonconforming use is replaced with a conforming use, the nonconforming use is considered terminated and may not be resumed.

(2)

Any nonconforming use that is discontinued for, or a structure that remains vacant for a period of one year, shall be considered to have been abandoned.

(3)

Maintaining connection to or payment of public services or utilities is not evidence of continuing operations.

(4)

All nonconforming rights shall cease and the use of the premises shall be brought into conformance with this Code.

(5)

Abandonment shall involve the actual act of discontinuance, regardless of the intent of the user or owner to discontinue a nonconforming operation.

(6)

Any nonconforming use that is moved from the premises shall be considered to have been abandoned.

(f)

Destruction.

(1)

If a nonconforming structure or structure specifically designed to be occupied by a nonconforming use is substantially damaged or destroyed, the owner of the damaged or destroyed structure shall have one year from the date of damage or destruction to reconstruct the building. Reconstruction of the nonconforming structure may take place and the nonconforming status retained if all the following conditions are met:

a.

No less than the total gross floor area of the original nonconforming structure or the minimum requirements of the applicable zoning district shall be included in the new building.

b.

Setback distances of the new building are no less than those of the original structure or the minimum requirements of the applicable zoning district.

c.

Substantial completion of the new structure takes place within one year of the removal, damage, or destruction of the original building.

d.

Compliance with all applicable building and fire codes adopted by the Town.

(2)

Failure to meet the above conditions for reconstruction shall require that the nonconforming structure be brought into full compliance with all the provisions of this Article and the zoning district within which the structure is located.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

Expansion.

(1)

A nonconforming use that is not in a category of uses permitted in the zoning district may be expanded or increased to occupy the structure in which it is located, but not any land outside of the structure.

(2)

No existing structure or portion of a building that contains a nonconforming use shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered in any manner that increases existing nonconformities, unless otherwise allowed in Subsections (3) and (4), below.

(3)

Any existing occupied single-unit detached dwelling that is deemed to be a nonconforming use may make improvements to the main and accessory structures so long as improvements do not increase the degree of nonconformity or increase the height or building footprint. Roof-mounted small scale solar energy systems may increase the height of a nonconforming structure by eight feet, but shall not extend above the roof peak or ridge or impact solar access to an adjacent property.

(4)

A nonconforming single-unit detached dwelling that has been damaged or destroyed by natural causes may be restored to its original condition, provided that the work is commenced within two years of the event and completed within three years of the event. Following written request from the property owner, the Town Administrator may grant one, one year extension of either the work commencement and/or completion of work time period.

(b)

Change of Use.

(1)

Any nonconforming use may be changed to a conforming use and once the change is made, the use shall not be changed back to a nonconforming use in the future.

(2)

Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use.

(c)

Manufactured Home. Within a period of one year or less from its removal from a lot of record, a nonconforming manufactured home used for residential purposes may be replaced by another manufactured home for residential purposes, so long as the new home is not more than 50 percent larger in gross floor area than the manufactured home that it replaced and can be placed on the lot in compliance with the applicable zoning district standards.

(d)

Obsolete Structure. The right to operate and maintain any nonconforming use in a nonresidential structure shall terminate if the structure becomes obsolete or substandard under any applicable state or Town code and the cost of bringing the structure into lawful compliance with the applicable regulation exceeds 50 percent of the replacement cost of the structure on the date it is determined to be obsolete or substandard; provided, however, that determining the replacement cost of any structure shall not include the cost of land or any factors other than the structure itself.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

Nonconforming Structures in Avalanche Hazard Areas.

(1)

Any building or structure that has been constructed within the High Hazard Red or Moderate Hazard Blue Zone prior to the Effective Date and does not meet the standards in Section 15-5-10, Avalanche Hazard Areas shall be a nonconforming building or structure relative to this Section and may remain until it is moved, substantially damaged, or destroyed.

(2)

No nonconforming building in the High Hazard Red or Moderate Hazard Blue Zone may be altered to increase the building dimensions in any way, construct additional bedrooms, increase human occupancy, or increase the building's market value by 50 percent or more. A nonconforming building or structure under this Section may be maintained and altered to construct approved avalanche protective measures regardless of how much the building's value increases.

(3)

If a nonconforming building or structure under this Section is destroyed or damaged such that the cost of repairs will equal or exceed 50 percent of the structure's assessed value, the structure shall not be repaired or rebuilt without full compliance with the provisions of this Section and the provisions of any underlying zoning district classification. The assessed value shall be determined by a qualified assessor or appraiser, designated by the Board of Trustees, at the property owner's expense, and the assessed value shall be determined either before the improvement or repair is started or before the damage occurred.

(b)

All Other Nonconforming Structures.

(1)

A nonconforming structure may not be enlarged or altered in a way which increases its nonconformity except in the following circumstances:

a.

An enlargement or structural alteration is required by law.

b.

The structure is nonconforming to a required setback, in which case alterations are only permitted to that part of the structure located within the required setback. If the entire structure is located between the property line and the required setback (i.e., "outside" of the setback), the structure may not be altered.

(2)

Structural alterations may be permitted when necessary to adapt a nonconforming building to new technologies or equipment pertaining to uses that occupy the building.

(3)

Any enlargement greater than ten percent of the gross floor area that is necessary to adapt to new technologies shall be authorized only by a Variance.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

A residential dwelling unit(s) and customary accessory buildings may be erected on any nonconforming lot in a residential zoning district as follows:

(a)

The lot must be in separate ownership and not of contiguous frontage with other lots in the same ownership.

(b)

This provision shall apply even though a lot fails to meet the applicable requirements for lot width or area, as applicable, provided the setback dimensions, lot coverage, and other requirements not involving lot width or area of the lot shall conform to the regulations of the district in which the lot is located.

(c)

Either Section 15-8-30(a), Administrative Adjustment, or Section 15-8-40(n), Variance may be used to make requests for adjustments to area and setback requirements.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

In addition to the general standards set forth in in Section 15-9-30, nonconforming signs shall comply with the following:

(a)

Any sign that is permitted to remain in place as a nonconforming use may be continued in use until the sign, or a substantial part of it, is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other matter on the sign.

(b)

If a nonconforming sign is damaged, destroyed or removed from its current property location for any reason, it may be reconstructed in compliance with its nonconforming status, provided that the reconstruction occurs within six months of its destruction or removal from the subject property. If the sign copy is modified or changed, a Sign Permit must be obtained prior to reconstructing the nonconforming sign.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)