Many mountain residents believe that, if slopes regulations are passed, their existing homes will be "grandfathered in". This may or may not be the case, depending how the regulations are drafted.

Unless the Commissioners clearly exempt such properties, all existing uses in violation of the regulations would be automatically deemed "nonconforming". What does this mean? Under state statute, C.R.S. §30-28-1120(1), the County can terminate such uses.

The County may (as it has in the past) adopt a policy that prohibits or inhibits further development of such nonconforming uses. Such a policy preventing further development might apply both where an existing home is destroyed, say through fire, or even an effort to modify an existing home. For a recent example, see Commissioner Jana Mendez’ letter to the editor in Saturday, June 26, 1999’s Daily Camera in which she depicts one unfortunate citizen’s effort to upgrade what has become a nonconforming use (affordable housing in that case) and the BOCC’s refusal to allow it. Readers may also recall the Eason case in which the County also attempted (unsuccessfully in that case when Mr. Eason appealed to the Courts) to apply the nonconforming use argument to Mr. Eason’s property.

Would-be homebuyers may have problems obtaining financing for legal, nonconforming uses (see Fannie Mae Regs. Part VII, Chapter 4, 403.1 Zoning). All nonconforming uses must be addressed in the appraisal process to assure the lender that the value or marketability of the property is not negatively impacted, and some cases may even require assurance from the County that the building may be rebuilt if destroyed.

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Contacts: Ann B. Mygatt, Esq. (303) 442-1400
AJ Chamberlin (303) 441-5682