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A. Damage or Destruction: Nonconforming buildings or structures that contain conforming uses, and that are damaged or destroyed by fire or other causes, may be rebuilt under the following conditions:
1. Any necessary Building Permits are obtained within twelve (12) months of the date of destruction, unless an extension has been approved by the Manager due to extraordinary circumstances;
2. The gross floor area and height of the new structure shall not exceed the gross floor area and height of the original nonconforming structure;
3. The new structure shall comply with all development standards for the particular zone district in which the property is located, with the exception of height which may be exceeded to the extent of the previously existing legal nonconforming development; and
4. Reconstruction of all legal nonconforming buildings or structures other than a single-family detached or duplex dwelling shall be subject to the submittal and approval of a Development Plan in accord with Section 7.5.515 (Development Plan) prior to the issuance of a Building Permit.
5. Existing attached stoops, porches, and decks on nonconforming residential structures are considered a part of the entire structure and are not subject to the fifty (50) percent replacement value limitation. Attached stoops, porches, and decks located within the required front, side, or rear yard setback may be replaced in its original location but may not be enlarged in size or height.
B. Repair and Maintenance: A nonconforming structure occupied by either a conforming or legal nonconforming use may be repaired and maintained and, if it is declared to be unsafe by a Regional Building Official, it may be strengthened or restored to a safe condition. However, the cost of repairs and maintenance shall not exceed fifty (50) percent of the current El Paso County Assessor's Market Value estimate of the structure, and there shall be no increase in the degree of nonconformity.
C. Additions to and Enlargement of Structures:
1. A legal nonconforming structure occupied by a conforming use may not be added to, enlarged, or structurally altered unless such addition, enlargement, or structural alteration conforms to all regulations and site development standards of the zone district in which it is located including but not limited to square footage per dwelling unit, setbacks, off-street parking, and landscaping.
2. A legal nonconforming structure occupied by a legal nonconforming use may not be added to, enlarged, or structurally altered.
D. Damage to or Destruction of a Structure: When a legal nonconforming structure is damaged by fire or other causes to the extent that the cost of restoration exceeds fifty (50) percent of the pre-damage assessed value of the structure, the nonconforming structure shall be removed.
E. Conversion of Conforming Structure: A conforming structure shall not be changed in any way that will result in a nonconforming development. (Ord. 23-03)
A. General:
1. A Lot of Record may be developed with any permitted use allowed in the zone district in which it is located even if it does not meet the minimum lot area or width requirements. The development shall comply with all site development requirements set forth in this UDC, except as noted in Subsection 2 below. No Lot of Record may be reduced in size so that the lot's area or width is less than required by this UDC.
2. When a Lot of Record is under separate ownership, located in a residential zone, and narrower than the minimum lot width, the following reduction of the side building setback may be allowed: For each foot by which the Lot of Record is narrower than the minimum lot width requirement of the zone in which it is located, one and one-half (1 ½) inches may be deducted from the required least width of any side setback and three (3) inches from the sum of the least widths of both side setbacks for buildings that do not exceed two (2) stories in height; however, a side setback may not be narrower at any point than ten (10) feet in an R-E zone district, five (5) feet in an R-1 9 zone district, four (4) feet in an R-1 6 zone district, and three (3) feet in the R-Flex Low zone districts.
B. Lots Rendered Nonconforming by Public Acquisition: Lots rendered nonconforming by public acquisition of right-of-way or for other purposes because the lots no longer meet the required minimum area or minimum width may be developed for any permitted use allowed in the zone district in which it is located. When the public acquisition results in the reduction of or elimination of existing landscaping or parking spaces, the owner of the property shall not be required to replace the removed landscaping or parking spaces. (Ord. 23-03)
A. Purpose: Within the districts created by the adoption of this UDC or by the adoption of amendments to the UDC, there may exist developments of land with site features such as off-street parking areas, landscaping, fences and walls, exterior lighting, or signs that were legal prior to the adoption or amendment of this UDC, but under which the terms of this UDC, as amended, are now prohibited, restricted, or regulated. The purpose of this Section is to permit these nonconforming site features to continue until they are voluntarily removed or brought into compliance in conjunction with a proposed change in the development.
B. Continuation: Site features such as off-street parking areas, landscaping, fences and walls, exterior lighting, or signs that were legally existing at the time they were established but that have become nonconforming because they no longer meet the current standards of this UDC may be continued, except as otherwise provided in this Section 7.5.803.
C. Extensions of Site Features: The degree of nonconformity of a site feature shall not be enlarged, expanded, extended, or increased, except as provided in this UDC.
D. Provisions Applicable to Specific Site Features:
1. Off-Street Parking:
a. Off street parking and loading areas that conform with the standards in Part 7.4.10 (Parking and Loading) shall be provided for (i) a newly constructed building or new use on previously vacant land, (ii) all uses in a building that is enlarged, and (iii) all uses in a building when any use is changed and the newly approved use requires more parking than the previously approved use. However, existing parking and loading areas do not need to be upgraded to comply with the standards in Part 7.4.10 (Parking and Loading) even if they provided part of the required parking for the new or enlarged use or building.
b. The Manager may require additional off-street parking or loading facilities if the Manager determines it is needed to avoid congestion on public streets and for the health, safety, and convenience of the public.
2. Landscaping: Nonconforming landscaping, including fences and walls, may continue until the property owner engages in activities that subject the development to the standards of Part 7.4.9 (Landscaping and Green Space); see Section 7.4.902 (Applicability).
3. Exterior Lighting: Exterior lighting may continue even if it does not comply with the standards of this UDC until the property owner engages in activities that subject the development to the standards of Part 7.4.12 (Exterior Lighting); see Section 7.4.1202 (Applicability and Exemptions).
4. Signs: See Section 7.4.1311 (Nonconforming and Abandoned Signs). (Ord. 23-03)
A. Extension of Use:
1. Use on Land: A legal nonconforming use of land shall not be expanded, enlarged, or extended in any way, either on the same or adjoining properties.
2. Use in Structure: The extension of a legal nonconforming use into any other portion of the structure in which it is located shall be allowed only if the portion of the structure into which the expansion will take place was primarily arranged or designed for such nonconforming use at the time this UDC became effective.
B. Change of Use:
1. A legal nonconforming use may be changed only to a use that is the same intensity and as restricted, or is a lesser intensity and more restricted, or is a conforming use in the zone district in which it is located, as determined by the Manager. The Manager shall use the following criteria to determine whether to allow the change of use:
a. The proposed use is permitted in the same or more restrictive zone districts than the existing use.
b. The proposed use requires less or the same amounts of off street parking and landscape buffering and has lower or the same levels of associated traffic generation, noise, light, and dust than the existing use.
c. The proposed use will create no more adverse impacts on the surrounding neighborhood than the existing use.
2. After a legal nonconforming use is changed to a less intensive or more restrictive legal nonconforming use, the use shall not later be returned to a more intensive or less restrictive nonconforming use. When a legal nonconforming use is changed to a conforming use, the use shall not later be returned to a nonconforming use.
C. Repair and Maintenance: A legal nonconforming use may continue unless or until the structure occupied by the use is declared unsafe by the Building Official or until the cost of repairs over a twelve (12) month period exceeds fifty (50) percent of the current El Paso County Assessor's Market value estimate of the structure.
D. Additions and Enlargements to a Structure: A legal nonconforming structure occupied by a conforming use may be added to, enlarged, or structurally altered up to fifty (50) percent of the original footprint, so long as such addition, enlargement, or structural alteration conforms to all regulations and site development standards of the zone district in which it is located.
E. Discontinuance: If a nonconforming use located on any land or any structure is discontinued or its normal operation stopped for a continuous period of twelve (12) months, then any subsequent use of the land or structure shall conform to all applicable use regulations in the zone district in which it is located.
F. Damage or Destruction to a Structure: If a legal nonconforming use located on any land or a structure occupied by a legal nonconforming use is damaged by fire or other causes to the extent that the cost of restoration exceeds fifty (50) percent of the pre-damage assessed value of the structure, then the nonconforming use shall no longer be permitted.
G. Conditional Use: A preexisting, legal nonconforming use that would require the approval of a Conditional Use Permit to be allowed in its zone district shall be presumed to have the required Conditional Use Permit. Modifications to the structure or site shall be processed in accord with Section 7.5.414 (Conditional Use Permit). (Ord. 23-03)
The purpose of the comprehensive enforcement program established in this Section is to protect the public health, safety, and welfare by requiring compliance with the regulations in this UDC and to:
A. Reduce the number of zoning violations;
B. Abate all zoning violations in a timely and efficient manner;
C. Establish a fair process to abate violations;
D. Provide consistent and fair enforcement, recognizing the inherent differences in many types of zoning violations; and
E. Develop a set of standard procedures for abating each type of violation based upon their risk of harm to the public health, safety, and welfare. (Ord. 23-03)
A. The provisions of this Part 7.5.9 apply to all actions to enforce the provisions of this UDC.
B. Grading or vegetation removal occurring on an individual lot or tract that does not comply with a City-approved Hillside Site and Grading Plan as required by Section 7.2.610E shall be deemed a violation of the UDC subject to the enforcement of this Section.
C. Land disturbance activities that impact grading and erosion control, include compliance with GEC Permits or Associate GEC permits, are additionally subject to the enforcement provisions in Part 7.5.10 (Grading and Land Disturbance Enforcement).
D. Compliance with stormwater regulations is additionally subject to the enforcement provisions in Part 7.5.11 (Stormwater Enforcement).
E. Compliance with regulations relating to historic preservation is additionally subject to the enforcement provisions in Part 7.5.13 (Historic Preservation Enforcement).
F. Compliance with the Building Code is subject to the enforcement provisions in Part 7.5.14 (Building Code Enforcement) as well as the regulations in the Building Code. (Ord. 23-03)
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