(a) Intent. Within the districts established by this zoning code, or amendments thereto that may be adopted, there may exist lots, structures and uses of land and structures, which were lawfully established before this Development Code was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Development Code or by future amendment to the Development Code. It is the intent of this Section to permit these nonconformities to continue until they are removed, abandoned or more than fifty percent (50%) destroyed. It is the further intent of this Section that nonconforming structures and uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except as provided in this Section.
(b) Uses of land. Where at the time of the passage of this Development Code, or amendment thereof, lawful use of land existed which would not be permitted by the regulations imposed by this Development Code, the use may be continued so long as it remains otherwise lawful, provided:
(1) No such nonconforming use shall be enlarged or increased, nor extended to occupy greater area of land than was occupied at the effective date of adoption or amendment of this Development Code;
(2) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Development Code;
(3) Any such nonconforming use of land which ceases for any reason for a period of one hundred eighty (180) days shall be deemed abandoned, then any subsequent use of such land shall conform to the regulations specified by this Development Code for the district in which such land is located; and
(4) No additional structure, not conforming to the requirements of this Development Code, shall be erected in connection with such nonconforming use of land.
(c) Structures. Where a lawful structure existed at the effective date of adoption or amendment of the Development Code that could not be built under the terms of this Development Code by reason of restrictions on area, lot coverage, height, location on the lot or other requirements concerning the structure, such structure may continue to exist so long as it remains otherwise lawful, subject to the following provisions:
(1) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;
(2) Should fifty percent (50%) or more of such nonconforming structures or nonconforming portion of a structure be destroyed by fire or other disaster it shall not be reconstructed except in conformity with the provisions of this zoning code unless a permit for repair or reconstruction of a damaged nonconforming structure is issued pursuant to Subsection (d) below;
(3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after having been moved; and
(4) Additions or alterations to a nonconforming structure which meet the requirements of the Development Code shall not be prohibited.
(d) Repair or reconstruction of nonconforming structures. Any repair or reconstruction of a nonconforming use, when in compliance with all requirements of the Development Code may result in a hardship or burden, the owner of a nonconforming structure which is damaged by fire or other disaster by more than fifty percent (50%) of its replacement cost may apply to the Planning and Zoning Commission (PZC) for a permit to repair or reconstruct the nonconforming structure. The decision of the PZC may be appealed to the Board of Trustees in accordance with §9-3-130. The PZC shall use the criteria set forth in this Section to review an application to repair or reconstruct a damaged nonconforming structure:
(1) The damage to the nonconforming structure was not caused by the intentional act of criminal conduct of the owner of the nonconforming structure, or the owner's agent or representative;
(2) The repair or reconstruction of the damaged nonconforming structure as proposed by the applicant will not result in a greater degree of nonconformity than existed immediately prior to the structure being damaged;
(3) The repair or reconstruction of the damaged nonconforming structure as proposed by the applicant will be compatible and consistent with the existing development character in the immediate vicinity of the damaged structure;
(4) The damaged nonconforming structure has been brought into compliance with the requirements of the Development Code to the maximum extent practical; and
(5) The continuation of the nonconformity would not threaten the health or safety of the Creede community, would not present risk of damage or injury to property or persons, and would not materially or adversely affect property values.
(e) Uses of structures or of structures and premises in combination. If lawful use involving individual structures, or of structures and premises in combination, existed at the effective date of adoption or amendment of the Development Code that would not be allowed in the district under the terms of this Development Code, that use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No existing structure devoted to a use not permitted by this zoning code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
(2) Any nonconforming use may not be extended throughout any parts of a building, unless such building was manifestly arranged or designed for such use at the time of adoption or amendment of the Development Code, but no such use shall be extended to occupy any land outside such building;
(3) Any structure, or structures and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;
(4) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for a period of one hundred and eighty (180) days, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located;
(5) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction, for the purpose of this Subsection, is defined as loss of fifty percent (50%) or more or of substantial damage to the structure;
(6) Any nonconforming use or nonconforming structure may be restored provided that less than fifty percent (50%) of such structure has been destroyed or damaged and provided that restoration commences within one hundred and eighty (180) days of the event which caused destruction; and
(7) A mobile home in any zone district may be replaced with a replacement provided that such mobile home meets all applicable building code regulations as may be adopted from time to time and provided that such replacement mobile home does not expand the footprint of the prior mobile home or increase any other nonconformity.
(f) Lot reduction - prohibition against establishing new nonconforming uses.
(1) No lot or parcel of land, nor any interest therein, shall be transferred, conveyed, sold, subdivided or acquired either in whole or in part, so as to create a new nonconforming use, to avoid, circumvent or subvert any provision of this Development Code, or so as to leave remaining any lot or width or area below the requirements for a legal building site as described in this Development Code; nor shall any lot or portion of a lot required for a legal building site under the provisions of this Development Code be used as a portion of a lot required as a site for another structure.
(2) No building permit shall be issued for any lot or parcel of land which has been transferred, conveyed, sold, subdivided or acquired in violation of this Section.
(Ord. 395 §3, 2016)