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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)
A. A violation of any term of this UDC shall be subject to enforcement pursuant to this Part 7.5.9.
B. A violation of a condition attached to an approved application is a violation of this UDC.
C. Obtaining an application based on the submission of false or misleading application materials is a violation of this UDC.
D. Each day that any violation continues shall be considered a separate violation for purposes of the penalties and remedies available pursuant to this Part 7.5.9. (Ord. 23-03)
A. Right of Entry:
1. The Manager shall have the right to enter upon any premises at any reasonable time for the purpose of enforcing this UDC, including abatement of violations.
2. If the owner or occupant of any premises located within the City refuses to permit entry to the Manager sought pursuant to this Subsection, or should permission to enter the premises otherwise not be obtainable from the owner or occupant, the Manager may make application to any Judge of the Municipal Court for the issuance of a warrant to inspect the premises or a warrant to search for and/or seize property located upon the premises. The sworn application shall identify the premises upon which entry is sought and the purpose for which entry is desired. The application shall state the facts giving rise to the belief that a condition that is in violation of the requirements of this UDC exists on the premises, or that a violation in fact exists and must be abated. Any warrant issued shall command the owner or occupant to permit entry to the Manager for the purposes stated.
B. Emergency Abatement Order:
1. If the Manager deems that an emergency exists that requires immediate action to protect the public health, safety, and welfare, the Manager may, without prior notice or hearing, issue an order stating that an emergency exists and requiring that such action be taken as deemed necessary to meet the emergency. Notwithstanding any provision of this Part 7.5.9 to the contrary, the order shall be effective immediately.
2. It shall be unlawful for any person to whom an emergency order is issued to fail to comply with the emergency order immediately. In the event that the person to whom the emergency order was issued fails or refuses to immediately comply, the Manager may request, without prior notice to the owner, occupant, or agent of the owner, that the dangerous condition be removed, corrected or otherwise abated to an extent that it is no longer an imminent hazard to the public health, safety and welfare. Except as otherwise provided, the provisions of Part 7.5.9 and Chapter 9, Article 6 of this Code, shall apply to any removal, correction, or other abatement action taken pursuant to an emergency order.
C. Stop Work Order for Hillside Site and Grading Plan:
1. The Manager may issue a stop work order upon a determination that work is being performed without a Hillside Site and Grading Plan required by this UDC or in violation of an existing Hillside Site and Grading Plan if:
a. The nature of the disturbance or work being performed would cause irreparable harm;
b. Less harm would result to the property owner, if the stop work order is issued, than to the public if not issued; and
c. Public interest weighs in favor of preserving the status quo.
2. Stop Work Order decisions may be appealed pursuant to Section 7.5.415 (Appeals). (Ord. 23-03)
The Manager may use any or all of the powers listed below to enforce the provisions of this UDC. Remedies provided in this Section shall be cumulative and in addition to any other remedies. Nothing contained in this Part 7.5.9 shall be construed to preclude the Manager from seeking any other remedies in addition to or in lieu of the remedies granted in this Section.
A. No Action: After careful consideration of the facts and circumstances, the Manager may take no action on a complaint of an alleged zoning violation.
B. Informal Contact: The Manager shall have the authority to effectuate the abatement of zoning violations through informal meetings or conversations.
C. Agreement to Abate: The Manager may enter into an agreement with a violator whereby the violator agrees to abate the violation within a certain time based upon certain conditions within the agreement. Should the violator not abide by the terms and conditions of the agreement to abate, the Manager may proceed with abatement as authorized in this Section.
D. Notice and Order: The Manager may issue a notice and order ordering the cessation of an illegal condition within a specified period of time based upon the nature of the violation. Should the violator not comply with the notice and order within the period of time specified, or fail to appeal the notice and order within the applicable time period, the Manager may proceed with abatement as authorized in Section 7.5.907 (Penalties).
E. Suspension or Revocation of Permit:
1. The Manager may issue a notice to show cause as described in Subsection 7.5.906B (Service of Notice) stating the alleged grounds for suspension or revocation and the date, time, and place of a hearing before the Planning Commission, which shall hold a public hearing on the allegations contained in the notice to show cause.
2. The Planning Commission may suspend or revoke a permit if it finds, by a preponderance of the evidence, that the activity or structure described in the notice to show cause is in violation of this UDC or a condition attached to a permit or approval related to the activity, structure, or property. Upon such a finding, the Planning Commission shall revoke the permit authorizing the activity or structure or shall suspend the permit authorizing the activity or structure until activity or structure is in compliance with this UDC and all conditions attached to any permit or approval related to the activity listed in the notice to show cause.
3. A suspended permit may be suspended for up to thirty (30) days and for so long thereafter until reinstated by the Manager upon proof that the cause of the suspension has been remedied.
4. A decision by the Planning Commission to suspend or revoke a permit may be appealed in accordance with Section 7.5.415 (Appeals).
5. A suspension or revocation shall be effective immediately upon the decision of the Planning Commission or, if appealed, of the City Council.
6. Suspension or revocation on non-renewal of a permit may be in addition to any remedy provided for in this UDC including the remedies available in this Part 7.5.9
F. Direct Abatement: The Manager may pursue direct abatement for removal of any UDC violation in conjunction with a search and seizure warrant issued by Municipal Court in accord with Subsection 7.5.904A (Right of Entry).
G. Civil Action: The Manager, with the concurrence of the Mayor, may request the City Attorney to initiate a civil action in the District Court for injunctive relief to abate violations of this UDC.
H. Reinspection Fees: The Manager may charge reinspection fees for UDC violations in accord with Subsection 7.5.907B (Reinspection Fees).
I. Criminal Prosecution: The Manager may pursue the issuance of a summons and complaint in accord with Subsection 7.5.907C (Summons and Complaint).
J. Summary Abatement: After consultation with the City Attorney, the Manager shall have the power to authorize the removal of an item from private property that may create an imminent hazard to the public health, safety, and welfare. (Ord. 23-03)
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