Loading...
HomeMy WebLinkAbout20060628highcountrytreegalleries AGENDA ITEM SUMMARY TO: Board of County Commissioners Regular Meeting - June 28, 2006 FROM: Carrington Brown, Enforcement Officer Suzanne Wolff, Senior Planner RE: Appeal of Notice of Violation for High Country Tree Galleries, Inc. SUMMARY: The High Country Tree Galleries, Inc. property is located at 24825 Highway 82 adjacent to Hoaglund Ranch Road and is zoned Unclassified. The parcel contains 8.001 acres. Richard Neiley, representing the owner, has submitted a Notice of Intent to File Litigation against Pitkin County (attached as Exhibit A) in association with (1) a Notice of Violation issued by the County on December 21,2005 with regard to multi-family units on-site (attached as Exhibit B), and (2) the owner's desire for the County to recognize a nursery/landscape contracting business as a legal, non-conforming use. The Land Use Code does not have a procedural mechanism that can result in recognition of legal, non-conforming uses on a property. Consequently, Mr. Neiley has delivered the Notice of Intent to File Litigation, but has also stated the owner's willingness to enter into a negotiated settlement, based on terms set forth in letters dated February 3 and April 27, 2006 (attached as Exhibits C and D). This agenda item is intended to give the owner the opportunity to present his argument to the BOCC. BACKGROUND: High Country Lumber and then Boise Cascade operated retail lumber supply operations on the property from 1966 (prior to the adoption of zoning in this area) until 1989 . In 1987 the BOCC denied a request to construct a mini-storage facility on the property, finding that the use was incompatible with the primarily residential character of surrounding properties and did not comply with the special review criteria with regard to visual impacts and traffic generation. After the sale ofthe property to John Ware in 1989, the Assessor's Office classified the property as residential, and it appears that the "Shop" building was converted to a single family residence. Starting in 1990, Ed BooherlMountain West Trees leased a portion of the property to expand the nursery/landscape business that was operating on the adjacent parcel. At that time a "crop production, orchards, nurseries, flower production and forest land; pasture and grazing land" was an allowed use in the U zone, as it was allowed in the AF and RS zones. "Landscape business" was not listed as a use in the U zone; under the 1976 Land Use Code ("1976 Code"), a use not listed could be considered via special review. Refer to Exhibit E - Sections 3-1.5 and 3-3 of the 1976 Code. BooherlMountain West Trees (now High Country Tree Galleries, Inc.) subsequently acquired the subject parcel in 1995. At that time the landscaping operation was expanded to fully encompass the subject property. The owner operated a landscaping business on the property until 1998, at which time the property was leased to a third party landscaping business that operated on-site until August of 2004. I .' AGENDA ITEM SUMMARY TO: Board of County Commissioners Regular Meeting - June 28, 2006 FROM: Carrington Brown, Enforcement Officer Suzanne Wolff, Senior Planner RE: Appeal of Notice of Violation for High Country Tree Galleries, Inc. SUMMARY: The High Country Tree Galleries, Inc. property is located at 24825 Highway 82 adjacent to Hoaglund Ranch Road and is zoned Unclassified. The parcel contains 8.001 acres. Richard Neiley, representing the owner, has submitted a Notice ofIntent to File Litigation against Pitkin County (attached as Exhibit A) in association with (1) a Notice of Violation issued by the County on December 21,2005 with regard to multi-family units on-site (attached as Exhibit B), and (2) the owner's desire for the County to recognize a nursery/landscape contracting business as a legal, non-conforming use. The Land Use Code does not have a procedural mechanism that can result in recognition of legal, non-conforming uses on a property. Consequently, Mr. Neiley has delivered the Notice of Intent to File Litigation, but has also stated the owner's willingness to enter into a negotiated settlement, based on terms set forth in letters dated February 3 and April 27, 2006 (attached as Exhibits C and D). This agenda item is intended to give the owner the opportunity to present his argument to the BOCC. BACKGROUND: High Country Lumber and then Boise Cascade operated retail lumber supply operations on the property from 1966 (prior to the adoption of zoning in this area) until 1989. In 1987 the BOCC denied a request to construct a mini-storage facility on the property, fmding that the use was incompatible with the primarily residential character of surrounding properties and did not comply with the special review criteria with regard to visual impacts and traffic generation. After the sale of the property to John Ware in 1989, the Assessor's Office classified the property as residential, and it appears that the "Shop" building was converted to a single family residence. Starting in 1990, Ed Booher/Mountain West Trees leased a portion of the property to expand the nursery/landscape business that was operating on the adjacent parcel. At that time a "crop production, orchards, nurseries, flower production and forest land; pasture and grazing land" was an allowed use in the U zone, as it was allowed in the AF and RS zones. "Landscape business" was not listed as a use in the U zone; under the 1976 Land Use Code ("1976 Code"), a use not listed could be considered via special review. Refer to Exhibit E - Sections 3-1.5 and 3-3 of the 1976 Code. Booher/Mountain West Trees (now High Country Tree Galleries, Inc.) subsequently acquired the subject parcel in 1995. At that time the landscaping operation was expanded to fully encompass the subject property. The owner operated a landscaping business on the property until 1998, at which time the property was leased to a third party landscaping business that operated on-site until August of 2004. v In 2005, the owner requested special review approval for a landscape contracting yard, based on the special review use in the current Land Use Code ("1994 Code") of "equipment supplies and contraction or subcontraction" (includes storage and sale for contract installation of nursery stocks). Refer to Exhibit E - Sections 3-40-220 and 8-01 of the 1994 Code. The BOCC denied the request pursuant to Resolution No. 083-2005 (attached as Exhibit F). One of the Recitals of the Resolution states, "The BOCC fmds that there are existing multi-family units on site for which approvals and permits were not obtained, and, therefore, that there is an existing violation on the property." The County subsequently issued a notice of violation for the multi-family units. The Notice of Violation gave the owner the option of vacating the illegal units and making them uninhabitable within 45 days or vacating the units and submitting a land use application to legalize the units. To date, the owner has not complied with either option, though Mr. Neiley has met with staff several times to discuss the situation and to find a viable solution. ISSUES: Multi-Familv Dwelling Units: Mr. Neiley acknowledges that there are 4 residential units located on the property (3 units are inside one structure) and asserts that the units were legally created, and, therefore, are a "legal, non-conforming use." Staff would note that multi-family dwelling units are a prohibited use in the 1994 Code, and were also a prohibited use in the 1976 Code, and that the County does not have any evidence of approvals or permits for these units. If the units were legally created, then they would be considered non-conforming under the current Code (refer to Secs. 6-10 and 6-20 of the 1994 Code, attached as Exhibit G), however, it does not appear that they could have been legally created as the use was prohibited as far back as 1976. Nursery/Landscape Contractinf! Business: There have been "commercial" uses on this property over many years, but the actual use has changed over time. The lumber yard was "grandfathered in" when the zone district regulations were extended to this area in 1973. However, when the lumber yard use was eliminated, it did not provide any "right" to a future commercial use on the property; new uses were/are subject to the zoning regulations in effect when the use was/is commenced. The owner asserts that the nursery/landscape contracting business is a legal, non-conforming use, since "nurseries" were listed as an allowed use in the U zone district in the 1976 Code and then were not listed as a use in the 1994 Code (after which time "uses not listed" were prohibited). While "nurseries" were an allowed use in 1990 when the use commenced on the property, it is staff's understanding that the business operated beyond the scope of a "nursery" and provided contract landscape services. "Landscape business" or "landscape contracting yard" were not listed as uses in the U zone; under the Code in effect at that time (1976 Code), a use not listed could be considered via special review. Therefore, the 1990 decision to operate a nursery/landscape contracting business on the property resulted in a change in use from the commercial lumber business use, and the use required special review approval. After the adoption of the 1994 Code, the landscape contracting use still required special review approval, under the "Equipment Supplies and Contraction or Subtraction" use. There is no record of a special review approval for the use, therefore the nursery/landscape contracting business is illegal. As noted above, the BOCC denied the use pursuant to Resolution No. 083-2005. Mr. Neiley has proposed the following resolution to these issues: I) Pitkin County would formally recognize the legal, non-conforming use of the property for a nursery/landscape contracting business. ~ , 2) Owner will remove the multi-family dwellings and replace them with one single family residence, a caretaker dwelling unit and an employee dwelling unit, which would be deed restricted to use by the employees of the nursery business. STAFF RECOMMENDATION: Staff recommends that the BOCC: 1) Require that the existing multi-family units be vacated and rendered uninhabitable within 45 days of the Resolution. 2) Recognize the nursery/landscape contracting business as an illegal use. 3) Allow a single family residence and caretaker dwelling unit, either by conversion of the existing structures or replacement. 4) Direct staff to rezone the property to AFR-IO. Attachments A. Notice of Intent to File Litigation Against Pitkin County B. Notice of Violation dated December 21,2005 C. Letter from Rick Neiley dated February 3, 2006 D. Letter from Rick Neiley dated April 27, 2006 E. Sections 3-1.5 and 3-3 of the 1976 Code F. Sections 3-40-220 and 8-01 of the 1994 Code G. Resolution No. 083-2005 H. Sections 6-10 and 6-20, Pitkin County Land Use Code (1994 Code) ~ Attachment - A NEILEY & ALDER ATTORNEYS Please Reply To: RICHARD Y. NEILEY, JR. EUGENE M. ALDER 6800 Highway 82, Suite 1, Upper Level Glenwood Springs, Colorado 81601 (970) 928-9393 Fax (970) 928-9399 201 North Mill Street, Suite 102 Aspen, Colorado 81611 (970) 925-9393 Fax (970) 925-9396 REr-r--il I , . '.....CI'." ED June 20, 2006 .JUN ') '_' ...,. J PITKIN COUNTY ATTORNEY HAND DELIVERY Christopher Seldin, Esquire Assistant County Attorney 530 East Main Street Aspen, Colorado 81611 RECEiVED 'LI/'J ql fj ;nnr> ...,' ..J t (lp,rt Re: PITKIN courm ATTORNEY NOTICE OF INTENT TO FILE LIITGA TlON AGAINST PITKIN COUNTY; High Country Tree Galleries, Inc.; 24825 Highway 82, Basalt, Pitkin County, Colorado; Parcel Identification No. 246720100003 - Pitkin County Notice of Violation dated December 21, 2005 Dear Chris: Delivered herewith you will find seven copies of our exhibits for the appeal set for June 28,2006. If you need additional copies, please let me know. C\ ~v.e.. r)il truly yours, \ . :rr:; Y & ALDER j/ {{k>- 4chard Y. Neiley, Jr. RYN/agk Enclosures 5 Attachment - B John M. Ely County Attorney PITKIN COUNTY AITORNEY Courthouse Annex Building 530 East Main Street, Suite 302 Aspen, Colorado 81611 Tel: (970) 920-5190 Fax: (970) 920-5198 Legal Assistants: Lisa MacDonald Jane Achey C:hristopher G. Seldin Assistant County Aitorney Carrington Brown Code Enforcemenl Officer December 21, 2005 NOTICE OF VIOLATION. Mr. Ed Booher P.O. Box 3348 Basalt, Co 81621 Via certified Mail Dear Mr. Booher; I am the l?itkin County Code Enforcement Officer and this letter serves as a Notice of Violation for the property located at 24825 Highway 82, Pitkin County, Colorado. Pitkin County Assessor records indicate this property, under the name of High Country Tree Galleries, is owned by you. Pitkin County BOCC Resolution No. 083-2005 pertains to this property. Paragraph 5 states "The BOCC finds that ftlere are existing multi-family units on site for which approvals and permits were not obtained, and, therefore? that there is an existing violation on the property." Further investigation of the Pitkin County Community Development records confirms there is no evidence of permits or approvals for multi-family units on this property. Investigation of Pitkin County Assessor records indicate the property is assessed as a single family residence. This property appears to continue to be in violation of Pitkin County Code. The cure for this violation is one of the following:, 1) Provide evidence, that the multi-family units have been vacated and rendered uninhabitable before receipt 6fthis Notice of Violation. Please provide thisevictence in writing, Within 45 days or receipt of this Notice to me at theabove letterhead address. I will then schedule a confirmation inspection with. you. , 2) If the multi-family units exist upon receipt of this Notice of Violation, the u'nits must be vacated no later than 45 days from the receipt of this notice and rendered. uninhabitable within 60 days of receipt of this notice. Please inform me in writing that both of these items have been accomplished whereupon we will schedule a confirmation inspection. ~ 3) If the ~ts exist and/or are occupied upon receipt of this Notice and you wish to submit a land use application to Pitkin County for the multi-family units, then you must vacate the units within 45 days of receipt of this Notice and submit the completed land use approval applicatio,n to Pitkin County Community Deve19pment within 90 days ofreceipt of this Notice. The necessary approvals might include but are not limited to a 1041 Hazard Review, Special Review for a Caretaker Dwelling Unit arid rezoning to AFR-l O. Suzanne Wolff of Pitkin County Community , Development is available at 920-5093 to assi~t you should you choose to pursue this option for cure. . Thank you for your cooperation and prompt attention to this matter. If you have'questions, I am available at 429-2814. - Sincerely, C. g/l~ Cmrin~onBrown , Pitkin County Code ?nforcement Officer 1 Attachment - c NEILEY & ALDER ATTORNEYS Please Reply To: 201 North Mill Street, Suite 102 Aspen, Colorado 81611 (970) 925-9393 Fax (970) 925-9396 RICHARD Y. NEILEY, JR. EUGENE M. ALDER 6800 Highway 82, Suite 1, Upper Level Glenwood Springs, Colorado 81601 (970) 928-9393 Fax (970) 928-9399 February 3,2006 HAND DELNERY Mr. Carrington Brown Code Enforcement Officer Pitkin County Attorney's Office 530 East Main Street, Suite 302 Aspen, CO 81611 Re: Notice of Violation 24825 Highway 82, Pitkin County, Colorado Dear Mr. Brown: I represent High Country Tree Galleries, Inc., the owner of the property at the above- referenced address. My client has asked me to respond to your December 21,2005 Notice of Violation. My client denies that it has committed any violation with respect to the subject property. While we aclmowledge that there are four residential units located on the property, three in what is referred to in the Assessor's records as Building No.1 (the original retail/living quarters building) and one unit in what is referred to in the Assessor's records as Building No.8 (sometimes referred to as Building No.4), all the residential units have existed for many years and, we believe, were permitted and approved by Pitkin County. We aclmowledge that current zoning does not allow for multi-family structures and that, as a consequence, the three residential unit structure that is Building No.1 is non-conforming. We lmow, based upon the Assessor's Office records that "living quarters" existed in Building No. I since the early 1970's when the property was used as a lumber yard. We also understand that the prior owner of the property, John Ware, obtained a building permit in 1989 or 1990 to convert the retail sales area of Building No.1 to residential uses. When my client purchased the property in 1995, all three units existed in Building No.1. With respect to the fourth unit, the Assessor's Office records indicate that it was historically used by delivery drivers at the lumber yard for residential purposes, although the exact date when this residential unit was constructed is unclear. We do know that all of the buildings on the property were constructed between 1966 and 1976. Unfortunately, Pitkin County is not now able to locate the Building Department records for this property. This is not the fault of my client and is not evidence of violation of the Land Use Code. We know a file previously existed that contained permits for the development of the property. To suggest 't Letter to Mr. Brown February 3, 2006 Page 2 that my client's property is in violation of the Land Use Code simply because you cannot locate your records improperly places the burden on my client to establish the historic permitted uses. We do have records that demonstrate that in 1998, my client submitted to Pitkin County an application for a permit to reconstruct the septic system on the property. This permit application expressly referenced and depicted the four residential units on the property, totaling eight bedrooms, along with additional office space. A permit was issued and approved by Pitkin County for the work on these units. This may be the only existing permit that the County can now locate for the property. It establishes that the County considered these units legal as of 1998; otherwise, the permit would not have been issued. In 1999, my client processed an arbitration with the Pitkin County Assessor's Office pursuant to which the classification of the property was established as mixed agricultural/commercial/residential. At the time of the 1999 arbitration, Pitkin County had a full and unrestrained opportunity to inspect the property and we believe it did so. You state in your Notice of Violation that the County Assessor's records indicate that the property is assessed as a "single family residence." This is not accurate. The Assessor's Office records state that as of January 1,2005, the property is "100% residential." This, however, is erroneous. While the residential uses continue, my client has consistently used the property as a tree farm, nursery and landscape contractor's yard since the spring of 1990. In the spring of 2005, we submitted an application for a special use permit for the tree farmlnursery/landscape contracting uses. In conjunction with that application, we demonstrated that commercial uses have continued unabated since the mid-1960's. My client does not consider either a land use application or an application for rezoning to be a realistic alternative at the present time. First, because there are legal non-conforming uses on the property, both residential and commercial, and because the property became non-conforming as to size as a consequence of a 1998 condemnation by the Colorado Department of Transportation, we do not believe that there is any likelihood of successfully processing a land use application. I met with Suzanne Wolff following receipt of your letter and she conformed that a land use application is not a viable option. Second, in light of the fact that Pitkin County is presently revising the Land Use Code, it would be premature for us to consider a rezoning of the property. We have informed the County in the past that we will actively participate in any rezoning initiated by Pitkin County but that rezoning should reflect the historic uses of the property. As a resolution of this dispute, my client is willing to eliminate the multi-family uses on the property. My client is willing to convert the main living area of Building No. 1 to one unit while retaining the two apartments historically located on the property, one in Building No.1 and the other in Building No.8, in their present size and configuration (i.~., two bedrooms each). We recognize that these will be non-conforming units subject to the provisions of the Land Use Code related thereto. In conjunction with the conversion of Building No.1, my client is willing to obtain all necessary Building Department permits and approvals for the residential units. This will ensure compliance with all applicable building and safety codes ~ Letter to Mr. Brown February 3, 2006 Page 3 As part of the resolution of this dispute, my client requests Pitkin County formally acknowledge that its tree farmJnursery/landscape contracting uses on the property are legal, non- conforming uses. We demonstrated the historic commercial uses on the property since the mid-1960's in conjunction with our 2005 special use application. We assume that Pitkin County acknowledges the legal status of these uses, since your letter of December 21,2005 does not address the existing commercial uses on the property as violations. Finally, as part of a comprehensive resolution of this dispute, my client will not oppose Pitkin County rezoning the property to AFR-IO, as you propose. Absent a resolution of these disputes, my client will resist such a rezoning. In this regard, I would note that when Pitkin County established zoning for the surrounding properties, it acknowledged that the AFR-1O zoning (or its equivalent under prior Land Use Codes) was not appropriate for my client's property. For that reason, my client's property was zoned "U - Unclassified" pending a determination of some other appropriate zone district designation for the property. In closing, my client is willing to eliminate the multi-family uses on the property although we believe they were permitted and approved and are legal. However, we do not want to approach land use issues with respect to the property in a piecemeal fashion. Thus, we believe any resolution of the County's objections with respect to multi-family housing should also include a resolution of all other issues related to this property, including the commercial uses and rezoning. Once you have had an opportunity to review this letter, please give me a call. I would be happy to discuss this matter with you at any mutually convenient time. Perhaps we can set a meeting for early next week. I would suggest that one of the county attorneys attend. v[;; i . . , & ALDER l' !.{{UL- lchard Y. Neiley, Jr. , RYN/agk cc: High Country Tree Galleries, Inc. 10 ~ Attachment - D NEILEY & ALDER ATTORNEYS Please Reply To: RICHARD Y. NEILEY, JR. EUGENE M. ALDER 6800 Highway 82, Suite 1, Upper Level Glenwood Springs, Colorado 81601 (970) 928-9393 Fax (970) 928-9399 201 North Mill Street, Suite 102 Aspen, Colorado 81611 (970) 925-9393 Fax (970) 925-9396 April 27, 2006 HAND DELIVERY Mr. Carrington Brown Code Enforcement Officer Pitkin County Attorney's Office 530 East Main Street, Suite 302 Aspen, CO 81611 Re: Notice of Violation 24825 Highway 82, Pitkin County, Colorado Dear Carrington: Pei your request, I am submitting herewith the following: 1. A copy of Special Use Review and GMQS Exemption Application submitted to Pitkin County by High Country Tree Galleries, Inc. in the spring of 2005. This Application includes a discussion of the property and attaches exhibits pertinent to the historic uses of the property. 2. High Country Tree Galleries, Inc. Commercial and Residential Use Timeline with Schedule of Exhibits. The exhibits relate to the historic commercial uses and also document to some extent the residential uses on the property. 3. Documentation from Pitkin County Environmental Health's file on the subject property. This includes what is, to my knowledge, the only County permit for the property anyone can presently fmd. It was issued on May 20, 1998 for replacement of the septic system. You will note that this permit is for 4 units of less than 2,000 square feet each comprised of a total of 8 bedrooms. It also includes septic design for 4 office employees. This package of documents also includes some additional historic records from Environmental Health. 4. A copy of the Improvement Location Certificate from January 2005. This survey depicts the existing improvements on the property. It is consistent with the exhibits included in the "timeline" with respect to the physical characteristics of the buildings historically located on the property. It Letter to Mr. Brown Apri127,2006 Page 2 5. Lease dated April 18, 1994, between Mountain West Trees (the name used by High Country Tree Galleries, Inc. until the fall of 1998) and the prior owners of the subject property. This is the first written lease I have been able to locate. You will, however, note from the "Timeline" that Ed Booher actually began leasing the property in the spring of 1990. This exhibit, I think, is pertinent to the fact that nursery uses were legal in the underlying zone district until the summer of 1994, although those uses were not specifically defined. 6. Photographs of the property depicting the nursery/landscape contracting uses in the mid-1990's and the present. The aerial view of the property was taken prior to the 1998 condemnation by CDOT. My client can provide additional proof of the operations on the property, if necessary. My client operated on the property from 1990 until September 30, 1998, when the business of Mountain West Trees was sold to Terry and Mary McDaniel. The McDaniels operated the nursery/landscape business under lease with my client from the fall of 1998 until September 2004. In September of 2004, we evicted them from the property for violations of the le~e. In the fall of 2004, Ed Booher retook possession of the property and began cleaning up the mess created by the tenants. During the entire period of occupancy from the fall of 1998 through September 2004, the property was consistently used as a nursery/landscape contracting business. I have extensive files covering this period of time, including leasehold documentation, notices of default and the like. In the spring of 2005, prior to the Special Use Permit hearing, my client once again began restocking the property for use as a nursery/landscape contracting yard. The enclosed picture depicting the public notice sign shows the property in the spring of 2005, and in the background, one can see equipment, trees, materials and the comer of building materials which were stored adjacent to one the enclosed buildings under lease to Woodhaus Builders. My client is currently restocking the yard for the 2006 landscape season. The current plan for use, and what we would like to confirm as a legal, non- conforming use, is consistent with the pre-1998 aerial view of the property photograph. That photograph, however, depicts equipment and trees stored on the Hoaglund Ranch Historic Planned United Development adjacent property depicted by the red line. As of the fall of 1998, that use ceased on the Hoaglund Ranch Historic Planned United Development, and all of the materials and equipment were moved to the subject property. Ed Booher began operating the nursery/landscape contract business on the Hoaglund property in 1988. When he sold the business in 1998, all of the commercial activities were moved to the subject property. Although the evidence submitted herewith demonstrates continuous commercial uses of the property from the mid-1960's through the present, as part of a settlement with the \! . I . " Letter to Mr. Brown April 27, 2006 Page 3 . County, we are willing to define the type and extent of activities on the property as previously expressed in my correspondence of February 3,2006. Insofar as the residential units are concerned, my client acquired the property with the 4 units in place and submitted the application for the reconstruction of the septic system to the County with the good faith belief that the 4 units were legal and legally constructed. To my knowledge, the 1998 permit issued by the Environmental Health Department represents the only existing permit related to development of the property that anyone is able to locate. We think this is conclusive evidence that the County considered the 4 units legal as of 1998 when the permit was issued and 1999 when the property was inspected and the work was approved. In any event, for purposes of resolving the dispute over the multi-family housing on the property, my client is willing to eliminate 1 unit, designate 1 of the remaining units as the principal residence, designate a second unit as a caretaker unit, and designate the third unit as an employee unit restricted to occupancy by employees of the business on site. The total residential square footage would be limited to an agreed upon amount, not to exceed 5,750 square feet. The balance of the buildings on the property would be calculated as to size and classified as legal, non-conforming uses. In the spring of 2005, the property was inspected by Tony Fusaro of the AspenlPitkin County Community Development Department and by Bill Harding, Fire Marshall for the Basalt and Rural Fire Protection District. Although Messrs. Fusaro and Harding noted some conditions that they felt required upgrades for health/safety reasons, we have not been made aware of any hazardous conditions or actual violations of health/safety codes with respect to the property. Notwithstanding the foregoing, as part of a settlement with Pitkin County, my client will obtain all necessary permits in connection with removing the fourth unit and will insure that the remaining units comply with all health/safety requirements. As noted above, the property is already served by a septic system adequate for our proposed uses. Additionally, the documentation submitted herewith demonstrates that the well on the property was permitted for both residential and office uses. I appreciate that this is a lot of documentation covering an extended period of time. In certain respects, the most pertinent documents would seem to be those from the spring of 1994 to the present that relate directly to my client's use and ownership of the property. I do, however, think the historic documentation is relevant, because it demonstrates continuous commercial use on the property for approximately 40 years, until the present time. As I previously stated, my client would stipulate to a limited commercial use related to the nursery/landscape contracting business which we are willing to define with specificity. This use does involve heavy equipment such as tree spades, snow removal equipment, backhoes and semi-tractors and trailers. We are willing to limit all vehicular parking and maintenance to the areas around the existing buildings. We do need to have the ability to \) Letter to Mr. Brown April 27, 2006 Page 4 have equipment in the field to move and dig trees, maintain irrigation equipment and the like. Weare willing to limit use of the downvalley access as. "secondary" access with the main access being the paved Hoaglund Ranch Road. A retail component is not being requested except that customers do come to the property to purchase trees and landscape contracting services. We do not, however, operate like Planted Earth or Lazy Glen where the main business is seasonal retail sales of potted plants and planting materials. With respect to the residential units, we are willing to have calculations prepared to confirm the square footage of each of the buildings, identify the size and location of residential uses and otherwise record the conditions on the property which are deemed permitted and/or legal, non-conforming. In summary, at the time my client established the nursery/landscape contracting business on the property, it was a legal permitted use under the zone district regulations. The specific use of "nursery" was dropped from the Code in the summer of 1994 as part of overall revisions to the Land Use Code. However, the uses on the property have continued unabated and continue to this day. We think it is appropriate, in the context of the settlement of the issues related to residential uses, to stipulate to the permitted commercial uses and the limitations related thereto. Similarly, my client believed the residential uses on the property were permitted and legal when it acquired the property. We think the 1998 septic permit application is conclusive evidence that my client was specifically trying to comply with County regulations when performing the septic system work. It seems the County was in agreement at that time. Once you have had an opportunity to review the enclosed documentation, please give me a call so we can discuss this matter further. RYN/agk cc: High Country Tree Galleries, Inc. \~ I 1* "'~I . ":'-. . ! i ,".1 --j :., , ,';' ......".;: " . '.." -... ._ "':.~.:~:-~::'.-:,:'_" ~,~:"__~~,,__:.:~:;::::':,,,,;:':'....>:.~_~_~-,:.-.:_":'_;_c." ~ :;":,.-,,,-..,:.;~",".< .'"' _< .,:...;).~;-:.~-:,-;, '~>~-.~.: :.::-:~:..:'_ ~ 3-1.4 (9) That the fathering parcel be included with the subdiv?i'On plat precluding further subdivision or developme7t of ., without ounty approval. (c) T intent of the RS-160, Resource Zone, is: (1) T aid in the preservation of agricul~urajJ8nds. (2) To a in the preservation of Pitkin ~~ty'S scenic amenity. (3) To prov e for a limited amount of rail lots to be subdivided out of large a eages without requi~g a rezoning procedure. (4) To provide f developments)" these areas to be reviewed on their individual m 'ts. / . (d) Non-Conforming Lo of ecord In the event of non-con ring lots of record in areas zoned RS- 160. special review consi tions with respect to density shall be apportioned on a pro-!JIta b is as follows and all conditions of Section 3-1.4(b) shall e met: Dwelling Lot Size by right Total 1 2 3 4 5 0-39 acres 40-79 acr 80-119 res 120-1 acres 160 cres 1 1 1 1 l' . assumes an existing dwelling on the property 3-1.5 U, Unclassified District (a) General This district is intended for those areas of the County which are deemed to be premature for development due to their distance from existing development centers. This district is intended to allow the County sufficient time while development pressure is minimal in which to study and to plan for future use of the area in accordance with the County's on-going comprehensive planning program. When planning for the area is complete, the Unclassified District may be amended and re-classified as one of the other zone districts. (b)" Uses Permitted by Right (1) Any use heretofore lawfully established and in existence as of the date of acceptance hereof. (2) Any use permitted by right in any AF or RS district. -7 (3) By special review, any use permitted by Special Review in any AF or RS district. 40 Attachment - E 0...-1 ',I"" '. '. (..<i;~. . ' . ".. :'!~"""-. ! I ~/'_."~ , ~'>-....: ,'~' ",. -., ' , ".,."...,.. c;:....C"...r....;..-.... ......~ .' ,,"",' "., " ,-.'" '-,,,.";'. ,q-1lP L~&.. use Coele / " lY ~ 3-3 3-3 Use Requirements-Residential, Agricultural, Accommodations, Public, Resource Districts The charts on the following pages indicate uses which are allowed .by right, uses which may be permitted by Special Review, and uses which are prohibited for each residential, agricultural. accommodation, public, and resource district. Uses not listed may be permitted by Special Review. * A-Use allowed by right S-Use which may be permitted by Special Review P-Use prohibited 'Not more than 4 dwelling units per building 2AS-20 and AS-30 only JOnly lor housing for employees of the public use 'Need not be a PUD in the Public zone 'Determination of whether a use in the Public zone is A, S or P shall be based on the criteria lound in Section J..l.l0(b) 3-3.1 Sjngl~lamily dwellings (e) 5 bedrooms or fewer A (b) More than 5 bedrooms S 3-3.2 Two-family dwellings 5' 3-3.3 Multi-family dwellings 5' 34." (a) Boarding and rooming houses P (b) Tourist dormitories P 3-3.5 AMI homes; convalescent homes, nursing homes and retirement homes P 3-3.& Hotels; motels; and lOdges-including newastands, gift shops and similar incidental U585 condu<=led entire!)' within the prinCipal building and as requirEtd to Sl:trve the principal facilities P 3-3.7 Public elementary, junior, and senior high schools; located on a lot at least 10 acres in size with each building situated at leatt 30' Irom alt property lines A 3-3.' Pri~aflt schools and unJversities P 3-3.9 Essential governmental and public utility uses, facilities, services and buildings P 3-3.10 Churche$ located on a lot of at least 2 acres in size with each building situated at least 30' Irom aU property lines S 3-3.11 Parks, playtieldt, playgrounds A 3-3,12 Goll courses operated by a public agency or neighborhood or homeowners' association A 3-3.13 Reserved 3..J.104 Airports P 3-3.15 Cemeteries P 3-3.11 Oa)' care schools. children's nurseries, children's homes S 3-3,17 Mobile homes and mobile home parks, subject to all regulations regarding mobile homes P 3-3.18 Outdoor recreational uses and facilities provided they retaln natural erwironmental conditions and no outside equipment storage and no excessive noise, odor, dust. vibration, or nuisances exist S 3-3.19 Clubhouses or recreational buildings (if used in conjunction with and accessory to permitted outdoor recreational uses) P 3-3.20 Reslaurants P 3-3.21 Personal service outlets. including, but not limited 10: barber and beauty shops, shoe repair shops. sell.service laundries, travel agencies and photo studios, provided all are part of a PlIO and shall not liIxceed a gross floor a.rea of 3.000 sq. ft P ~:~h2e ~~~:nfi~~~e ~i~~~i~~s~~~n~~~i' ~O-::~i~:~~~~~~~~e~~:~ the whole community, and provided all are part 0' a PUD, ConveI'!tence service outlets, e.g., drug, liquor stores, etc" shall not eKceed a gross floor area of 3,000 sq. ft,; retail goods outlets, e.g., supermarkets, sporting goods, l'1ardwers, apparel, erc.. shall not exceed a gron Jloor area 01 12,000 sq. ft. P 3-3.23 Professional offices. il part 01 is PUD P 3-3.24 MOl'e than one use within an il'ldividual building wl'1en the uses are complementary or provide place, 01 employment; provided that eacfT use must ~ permitfed in the individual district by right or be approved as a Special F1eview use P 34.25 Resort cabins P 51 R-30 R-15 . S p p p p p p A p S A A p p s p p p p p p p p p R-6 . S p p p p p p . p p s . . p p s p p p p p p p p p SR AF.' AF-2 . S p p p p p p . p p . . . p p s . s p p p p p p p Supp. 6 p s p p . S A S p p . A . . . . ( s s s s s s p p s s p p s p p p p p p p p S p S W'- p p A p p A A A p S s p s p p p p p p p AR.l AR-2 . S A p P A p . . p p . A . p p . p . s s s p p A A A S A A A P A s A A p A A A p p A p A s s s s s A S T A S A A . A A A A A p A A A p p A p A S A A . . A A Rs..20. As.30. RS-l60, AS-l80, PMH Proy.l Pf'O"f.2 A S A A A P A S p p p p PUB' A S P p p P S' 5' S' S' S' 5' s A p p p p P p P P s s A S s s p s p p P p p S A A s s P s A s p S s s p p p S s s A s P 5' A A s s s s s p P p ? s s s p P P A A p p P p s. S. p S ? S ? S S ? t4 J.~,-~~- l.1, e C (:) d.<. \~ ~ 3-3 A-Use allowed by right 'Not more than 4 dwelling units per building S-Use which may be permitted by Special Review ~RS-20 and AS-30 only P-Use prohibited 10nly for housing lor employees of the public use 'Need not be a PUD in the Public zone ;Oetermination 01 whether a use In Ihe Public zone is A, S or P shall be based on the cri1eria found in Section 3-1.10(b) RS-a. RS-30, RS-180. RS-lao, R-30 R-15 ... s. M., M-' M-' AR-' AR-' T PM Prov.1 Provo PUB' 3-3.28 Automobile parking lots and garages P p p p p p p S p S p p p S 3-3.27 Accessory buildings and uses A A A A A A A A A A A A A A 3-3.28 Camping areas for lents and campers P p P A S P P P P P P S p P 3..3.21 Prefab homes. modular homes, assembly-room-siz&-Or- larger components requiring Building Code exceptions P P P A P P P P P P P S' -* 3-3.30 Crop production, orchards, ~urseries, flower production and A A A A A forest land; pasture and grazing Ian A A A S 3-3.31 Animal production; husbandry services (not including p p commercial feed lots) and other farm and agricultural uses P P P P A A A P P A A S 3..:1.32 Stands for the sale of agricultural products produced on the premises p p p A A A P P P P A S P 3-3.33 Kennels and veterinary clinics with 100' setback from all property lines P P P P S S S p p p p S P 3-3.34 Radio transmitting stations with 100' setback from all pro)erty lines P p P P A S S S p S p S p S 3-3.35 Ski lifts end necessary related facilities with SO' setback ":rom all property lines S p p p S S S S p p p p p P 3-3.38 Extractive operations-mines, sand and gravel, oil and gl1S drilling, quarries-with 100' minimum setback from all property linea P P p p S S S p p p p S p S 3-3.37 Sewage disposal areas, land fills, water plants P P P S S S S p p p p S S S 3-3.38 Concrete batch plants and asphalt hot-mix plants P P P P S S S p p 'p p S P S 3-3.39 Commercial riding stables with 100' setback from all propertY lines p p p P A S S P P P P S p P 3-3AO Uses, activities and facilities permitted by a Special Use or other) permit issued by the United States Forest Service, Burearl of Land Management, or other federal agency (subject to the condiJons and limitations specified in Section 3-8.9) S S S S S S S S S S S S S S 3-3.41 Junk yards S S S S S S S S S S S p ;p P 3..:1A2 Farm buildings S S S S A A A S S S S A A A . 3-3.43 All development in areas, or the conduct of activities, of ,ocal and State interest unless exempted by Section 5-400.3 (see 5-4(0) S S S S S S S S S S S S S S 3-3.44 Home occupations A A A A A A A A A A A A A P 3-3.45 Fireplace wood storage and splitting la) If the site is accessed from Highway 82 P P p p S S p p p p p S p P (b) It the site is not accessed from Highway 82 P p p P A A P P P P P A P P 3-3,46 Bus stop A A A A A A A A A A A A A A 3-3.47 Dormitory housing students or employees on the same site aa an educational, skiing or hotel-motel lodge use p p P P S S P A P A P S P P 3-3,48 Solar energy collectors A A A A A A A A A A A A A A 3--3.41 Ou1door amusement facilities S S S S S S S S S S p S S S 3-3.50 Guest ranch S S S S S S S S S S S S S P 3-3.51 Water crossing and diversion S S S S S S S S S S p S S S 3-3.52 Community center p S P P P P P P P P P P P S 3-3.53 Hospital S S S S S S S S S S S S S S 3-3.54 Community health facility S S S S S S S S S S S S S S 3-3.55 Guest house, prOl/ided adequate proviSiOns are made 'to prOhibit rental use or long-term occupancy p p p p p p p p p p S p P 3-3.56 Separate bunk house when supplied specifically foremplcyees of a ranching or agricultural use p p p p S p p p p p p S p P 3-3.57 Additional dwelling units S S p p S S p p p p p S' p P 3-3.58 Fractional lee and timesharing p p p p p P P S S S p p p P 3-3.59 Satellite radio frequency signal reception and/or transmission devices S S S S S S S S S S S S S S Supp. 6 52 , 91 (" La...N1.. ("U; L Code. )1 Attachment - F , 3-40-220 6. 4: 23-2002 Att. A, I (part); Ord. 99-36 Att. B (part)) 4. 5. 7. * 3-40-220 U Unclassified A. Intent: The U, Unclassified district, includes those properties in the County which have not been rezoned for uses because of their distance from developed areas and/or the lack of a land use plan for the areas in which they are located. B. Allowed Uses: The following uses are allowed as of right in the Unclassified (U) Zone District: r I. Accessory buildings and uses. 2. Animal production and husbandry services, other farm and agricultural uses (not including commercial feed lots). 3. Bus stop. 4. Crop production. 5. Farm buildings. 6. Home occupations. 7. Parks, playground, playing fields. 8. Manufactured home. 9. Single-family dwelling units. (Pitkin Co. Land Use Code Supp. No. J,6-(3) (qql/ ~vtl.1s~[o&(e.. (3-40) 108 (t 3-40-220 10. Single-family dwelling units with a potential of up to, but not exceeding fifteen thousand square feet of floor area. II. Solar energy collectors (private use). 12. Trails. C. Special Review Uses: The following uses are subject to special review: 1. Agriculture stands. 2. Caretaker dwelling units. 3. Cemeteries. 4. Churches. 5. Club houses or recreational buildings used in connection with and accessory to a permitted outdoor recreational use. 6. Commercial camping areas. 7. Commercial fIrewood splitting, storage and sales. 8. Commercial kennels and veterinary clinics. 9. Community health facilities. 10. Day care centers. 11. Employee dwelling units. j- 12. Equipment supplies and contraction or subcontraction. 13. Logging. 14. Mineral exploration/mining, concrete batch plants. 15. Nordic ski areas and support facilities. 16. Nursing, convalescent, rest, and retirement homes. (3-40) 109 (Pi1kiD Co. Land Use Code Supp. No. !, 6'()3) \\ 3-40-220 17. Outdoor recreational uses. 18. Radio transmitting station. 19. Resort cabins. 20. Satellite reception devices. 21. Schools/universities. 22. Sewage disposal areasllandfills/water plants. 23. Single-family dwelling unit with more than fifteen thousand (15,000) square feet of floor area (transferable development rights are required to exceed fifteen thousand (15,000) square feet). 24. Transferable development rights (TDRs). 25. Uses, activities and facilities permitted by special use permit issued by Federal agencies. 26. Water crossing and diversion. D. Prohibited Uses: The following uses are prohibited in the Unclassified (U) Zone District: I. Airport. 2. Alpine ski areas and support. 3. Amusement and entertainment establishments. 4. Commercial automobile parking lots. 5. Commercial riding stables. 6. Dormitory housing. 7. Duplex dwelling units. 8. Essential government and public utility uses, facilities and services. 9. Financial institutions. (Pitkin Co. Land Use Code Supp, No, 1,6-03) (3-40) 110 c) C,...., ,::."," } \ o r 3-40-220 10. General services. 11. Golf courses. 12. Guest ranches. 13. Hospitals. 14. Junk yards. 15. MedicaVdental clinics. 16. Mobile homes. 17. Motels, hotels, lodges. 18. Multi-family dwelling units. 19. Offices. 20. Personal service outlets: food stores, drug stores, post office substation, self-service laundries, dry cleaning outlets and liquor stores; the total space shall be limited to eighty (80) square feet of gross leasable space per dwelling unit in the district. 21. Places for retailing of goods (structures and businesses limited to twelve thousand (12,000) square feet of floor area per building). 22. Professional offices. 23. Research facilities, indoors. 24. Research facilities, other. 25. Restaurants and bars. 26. Timesharing/fractional fees. 27. Uses not listed. 28. Vehicle and aircraft sales and service. (Ord. 23-2002 Att. A. I (part); Ord. 99-36 Att. B (part)) (3-40) 111 (Pitkin Co. Land Use Code Supp. No.1, 6-(3) ~ " :jr \, ' 8-01 EQUIPMENT AND SUPPLIES CONTRACTION OR SUBCONTRACTION means the storage, repair, manufacture, rental and/or sales with contract installation of such items as cabinets, kitchen appliances, plumbing fixtures, electrical fIxtures, saunas, jacuzzis; pools, glass, furniture, office equipment, sheet metal, roofIng, cilrpet and tile, decorative steel, masonry, sheetrock, paints, insulation, concrete products, solar energy equipment nurserY stocks, hardware, lumber, wholesale and catalog sales operations, and yard equipment and supply dealers. ESSENTIAL SERVICES means the development or maintenance by public utilities or the County of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, and similar equipment. EXPANSIVE SOIL AND ROCK means soil and rock which contains clay and which expands to a significant degree upon wetting and shrinks upon drying. EXTRACTOR means any person or entity, private or governmental, which extracts mineral deposits. FAMILY means two (2) or more persons related by blood or marriage, or between whom there is a legally recognized relationship, or not more than five (5) unrelated persons occupying the same dwelling unit. FATHERING PARCEL or ORIGINAL PARCEL means any legally created lot or parcel of land which was owned in single and separate ownership prior to June 12, 1978. FAR. See FLOOR AREA RATIO. FENCE means a structure which serves as a barrier intended to prevent escape or intrusion, to mark a boundary, to shield or screen from view, or to serve any similar purpose. FINAL PLAT means a subdivision map approved by the County for recording with the County Clerk and Recorder, which fully conforms to the requirements of this Land Use Code. FINISHED GRADE means the elevation of the ground surface following development activity . FIREPLACE WOOD STORAGE AND SPLITTING means an area where timber is located, prepared and stored for sale, primarily by delivery, to the public for use as fireplace wood, provided , .that: A. All setback requirements of the district and area are maintained. B. The site is kept orderly and free of all unrelated machinery or discarded trash and junk C. On-site sales are limited to sales of block or slabwood and post-season clearance sales. (8-01) 13 (Pitkin Co. Land Use Code Supp. No. I, ~3) 1'1 Y I 'i1 t.f L4.h.ti l.1se LDd..C V Attachment - G RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE HIGH COUNTRY TREE GALLERIES INC. SPECIAL REVIEW AND GMQS EXEMPTION Resolution No.o5'J -200S RECITALS I. High Country Tree Galleries, Inc. ("Applicant") applied to the Pitkin County Board of County Commissioners ("BOCC") for approval to operate a landscape contracting yard. "Equipment supplies and contraction or subcontraction" is listed as a Special Review use in the Unclassified zone district. 2. The parcel is located at 24825 Highway 82, and is more specifically described in Exhibit A. 3. The parcel contains 8.00 I acres and is a non-conforming size parcel in the Unclassified zone district. 4. The BOCC considered this application at a duly noticed public hearing on May 11,2005, at which time evidence and testimony were presented with respect to this application. 5. The BOCC finds that there are existing multi-family units on site for which approvals and permits were not obtained, and, therefore, that there is an existing violation on the property. 6. The BOCC further finds that the use is in conflict with section 6-50-01 O(A) of the Land Use Code, which prohibits any principal land use other than a single family dwelling unit on a substandard size lot. 7. The BOCC further finds that the use is not consistent with the special review criteria for a TDR receiver site based on the following: A. The use is not consistent with the Down Valley Comprehensive Plan, which discourages new commercial development along'the highway and recommends that the property be zoned for residential use to be consistent with adjacent properties. B. The use is not consistent with the Basalt Master Plan, as it is located outside of Basalt's Urban Growth Boundary where additional commercial uses are discouraged. C. The current "Unclassified" zoning is inappropriate, given that the County adopted a Master Plan for this area in 1987 and that the property is surrounded by developed areas, including Holland Hills, the Hoaglund Ranch PUD and the Roaring Fork Club. D. The use is not compatible with the surrounding area. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners that it does hereby deny the High Country Tree Galleries Inc. Special Review and GMQS Exemption. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the I)'" day of March, 2005. DENIED this lId' day of May, 2005. I III~ I11I11 11m III1I W III ~I II II~IIII ~;h~1~1 ~2 :49 SIL.YIA DAYlS PITKIN COUNTY CO R 1Il.1Il1ll D 1Il.1Il1ll ~ Resolution No.~-2005 Page 2 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 8y ~o1li 4; - d:tr Patti Kay-Clapper, Ch ir Date 05- /9 - 0'1 APPROVED AS TO FORM: APPROVED AS TO CONTENT: d... ~JIu. ~~ Cindy Houben, Community Development Director P020~S PID#246720 1 00003 IIIIIII~ Ulllllnlllll~ IIII ~IIIHI :;;~~~~ ~2 :~9 SIL.\IIA DA\lIS PITKIN COUNTY co R .... 0 e." 1/\ -\ Attachment - H Article 6 NON-CONFORMITIES Sections: 6-10 GENERAL 6-20 NON-CONFORMING USES (PC 6-2) 6-30 NON-CONFORMING STRUCTURES (pC 6-3) 6-40 REPAIRS, RESTORATION AND AL1ERATIONS TO NON-CONFORMING USES AND STRUCTURES (PC 6-4) SUBSTANDARD SIZE LOTS (pC 6-5) Section 6-10 GENERAL Subsections: 6-10-001 General There are uses of land, buildings and structures within the zone districts established by the Land Use Code, that were lawfully established prior to the adoption of the Pitkin County Zoning Resolution of 1955, the Pitkin County Land Use Code of 1975, and amendments thereto, which are in violation of the Land Use Code standards. The standards in this article regulate and limit the continued existence of non-conforming uses and structures. It is the intent of this article to permit these non-conformities to continue, but not to allow non- conformities to be enlarged or expanded. (Prior code ~ 6- I) Section 6-20 NON-CONFORMING USES (PC 6-2) Subsections: 6-20-010 Authority to Continue 6-20-020 Normal Maintenance and Repair 6-20-030 Extensions 6-20-040 Relocation 6-20-050 Change in Use 6-20-060 Abandonment or Discontinuance 6-20-070 Destruction or Demolition Accessory Uses 6-20-010 Authority to Continue Non-conforming uses ofland or structures may continue in accordance with the provisions of this article and this section. (Prior code ~ 6-201) 6-20-020 Normal Maintenance and Repair Normal maintenance and repair to permit continuation of non-conforming uses may be performed. (Prior code ~ 6-202) p 6-20-030 Extensions Non-conforming uses shall not be extended except pursuant to the standards in Section 6-40. This prohibition shall be construed so as to prevent: A. Enlargement of non-conforming uses by additions to the area of the structure in which such non- conforming uses are located. B. Occupancy of additional lands. (Prior code ~ 6-203) 6-20-040 Relocation A structure housing a non-conforming use may not be moved to another location on or off the parcel of land on which it is located, unless the use thereafter conforms to the limitations of the zone district into which it is moved and receives necessary development approvals. (Prior code ~ 6-204) 6-20-050 Change in Use A non-conforming use shall not be changed to any other use unless the new use conforms to the provisions ofthe zone district in which it is located and receives necessary development approvals. (prior code ~ 6-205) 6-20-060 Abandonment or Discontinuance Where a non-conforming use ofland or non-conforming use of structure is discontinued or abandoned for twelve (12) consecutive months, then such use may not be re-established or resumed, and any subsequent use must conform to the provisions of the Land Use Code. (Prior code ~ 6-206) 6-20-070 Destruction or Demolition Any non-conforming use which is demolished or destroyed by an act of God or through any manner not willfully accomplished by the owner may be restored as of right, regardless of the extent of demolition or destruction, subject to compliance with the standards in Sections 6-40-020 or 6-40-030. (Prior code ~ 6-207) 6-20-080 Accessory Uses Non-conforming accessory uses shall be discontinued after the principal use has terminated, unless the accessory use thereafter conforms as a principal or accessory use to the zone district standards for the zone in which it is located. (prior code ~ 6-208) Section 6.30 NON.CONFORMING STRUCTURES (pC 6-3) Subsections: 6-30-010 Authority to Continue 2 1j~