Telluride City Zoning Code
ARTICLE 4
NON-CONFORMITIES
Section 4-101 Purpose and Scope
Adoption of land use controls and changes in zone district limitations have resulted in uses, buildings, and lots which lawfully existed at the time of their creation, but which do not conform to provisions of this Article. The purpose of this Article is to allow these non-conforming uses, buildings, and lots to be changed and upgraded without necessarily requiring their reduction or elimination, under the following circumstances:
4-101.A. Adverse Effects. If the change would not substantially adversely affect the traffic and environment of the surrounding area; and
4-101.B. Appearance. If the change would reduce the degree of non-conformity of the use or improve the physical appearance of the structure or site.
Section 4-102 Continuation of Non-Conformities
Except as otherwise provided by this Chapter, non-conforming uses, non-conforming buildings, and buildings on non-conforming lots in existence on or before the effective date of the ordinance which first made them non-conforming may continue to exist.
4-102.A. Abandonment or Discontinuance. Where a non-conforming use has been discontinued for at least one (1) year, it may only be resumed, expanded, or replaced by a use which conforms to the provisions of this Chapter, except as allowed under Sections 6-110 through 6-113, or unless the Planning Commission grants an extension of time in cases of undue hardship, which extension shall be requested in writing prior to the expiration of the one (1) year period.
4-102.B. Non-Purposeful Destruction. Any non-conforming use, non-conforming building, or building on a non-conforming lot that has been damaged by fire, flood, wind, or other calamity or act of God may be restored to its original use or condition; provided, that restoration is started within twelve (12) months of such calamity and completed within twenty-four (24) months of the date on which the restoration commenced.
4-102.C. Demolition. Any non-conforming use located in a building which is purposefully demolished pursuant to the definition of Section 2-309, Demolition, may not be continued or restored. Any non-conforming building which is purposefully demolished pursuant to the definition of Section 2-309, Demolition, may be replaced with a different building only if the replacement building is in conformance with the current provisions of this Chapter.
4-102.D. Unsafe Structures. Non-conforming buildings, buildings that contain non-conforming uses, or buildings on a non-conforming lot may be restored to a safe condition if the building has been declared damaged or unsafe under the Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, or other applicable safety or health codes, unless the Building Official has ordered that such building must be condemned.
Section 4-103 Change of Non-Conforming Use
4-103.A. Prohibition. A conforming use may not be changed to a non-conforming use, notwithstanding the fact that some of the features of the lot, building, or parking are non-conforming.
4-103.B. Replacement and Change in Use. The Planning Director may grant a request for the replacement of a non-conforming use with a new use which is permitted in the underlying zone district, provided the new use does not constitute a change of use, as defined herein.
If the new use would constitute a change of use, it must first be reviewed and approved pursuant to the procedures and standards of Sections 6-110 through 6-113.
A change of use occurs when any one of the following results:
4-103.B.1. The parking does not comply with the requirements for the new use;
4-103.B.2. The new use is an expansion in size or impact of a non-conforming use;
4-103.B.3. In the Commercial Zone District, the new use constitutes an activity included under a different category in the table of uses permitted by right in Section 3-212, and the new use is not similar in operation to the previous use, including without limitation, hours of operation, parking needs, trips generated, number of employees, and noise impact on adjacent properties; or
4-103.B.4. In the Residential Zone District, the new use adds additional dwelling units or requires additional parking.
Section 4-104 Modification of Non-Conforming Buildings
4-104.A. Permitted Modification. A non-conforming building may be modified by addition or alteration only in a manner that does not change or that decreases the non-conformity. Ordinary maintenance and repair to non-conforming buildings may be performed without affecting the authorization to continue as a non-conforming building.
4-104.B. Prohibited Modification. A non-conforming building shall not be modified by any addition or alteration that increases the non-conformity.
Section 4-105 Non-Conforming Lots or Parcels
4-105.A. Permitted Activities. The Planning Director may grant a request for the structural alteration, repair or expansion of a building on a non-conforming lot, if the applicant demonstrates:
4-105.A.1. The proposal will improve the building’s appearance, safety, or efficiency;
4-105.A.2. The proposed alteration, repair or expansion of the building will meet the setback requirements of Article 3, for the zone district in which it is located; and
4-105.A.3. The addition or alteration does not constitute a change of use as defined in Section 4-103.B.
4-105.B. Other Activities. No person shall use any other non-conforming lot or parcel without first obtaining approval under Sections 6-110 through 6-113.