HomeMy WebLinkAboutSub Permit.440 N 5th St.0072.2019 (19).ARBK E. Change in use. A nonconforming use shall not be changed to any other use unless the new use
conforms to the provisions of the zone district in which it is located.
F. Abandonment or discontinuance. The intent of the owner notwithstanding, where a
nonconforming use of land or nonconforming use of structure is discontinued or abandoned for twelve
(12) consecutive months, then such use may not be reestablished or resumed, and any subsequent use
must conform to the provisions of this Title. Any nonconforming use not associated with a structure
may not be restored after a discontinuance period of more than thirty(30)days.
G. Demolition or destruction.
1. AbiIity to restore. Any nonconforming use located in a structure which is purposefully
demolished, pursuant to the definition of demolition, may not be continued or restored. Any
nonconforming use located in a structure undergoing construction, which does not constitute a
demolition, has an approved development order, and an approved building permit shall not be
considered discontinued.
2. Nonwillful destruction. Any nonconforming use which is demolished or destroyed by an act
of nature or through any manner not purposefully accomplished by the owner may be restored
as of right, regardless of the extent of demolition or destruction, if a building permit for
reconstruction is issued within twelve (12)months of the date of demolition or destruction.
(Ord. No. 55-2000,§ _3; Ord. No. 12 2007,_§§15 16. Ord. No.7,2014 13
)
26312.030. Non-conforming structures.
A. Authority to continue. A nonconforming structure devoted to a use permitted in the zone
district in which it is located may be continued in accordance with the provisions of this Chapter.
B. Normal maintenance. Normal maintenance to nonconforming structures ma b p
without affecting the authorization to continue as a nonconforming structure. y e performed
C. Extensions. A nonconforming structure shall not be extended by an enlargement or expansion
that increases the nonconformity. A nonconforming structure may be extended or altered in a mane
that does not change or that decreases the nonconformity. r
1. Historic structures. The first exception to this requirement shall be for a structure listed on the
Aspen Inventory of Historic Landmark Sites and Structures. Such structures may be extended into
front yard, side yard and rear yard setbacks, may be extended into the minimum distance between
buildings on a lot and may be enlarged, provided, however, such enlargement does not exceed the
allowable floor area of the existing structure by more than five hundred(500)square feet,complies
with all other requirements of this Title and receives development review approval as required by
Chapter 26.415.
2. Mandato occu anc Accesso Dwellin Units and Carria a Houses. The second exception
to this requirement shall be for a property with a detached Accessory Dwelling Unit or Carriage
House ("ADU") having a mandatory occupancy requirement. Such a detached ADU maybe of Aspen Land Use Code //��►► ,I
Part 300—Nonconformities f�E1,�WED
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04/04/2019
ASPEN
BUILDING DEPARTMENT