Commission backs reducing nonconforming-use abandonment period from two years to one year

The Alpine City Planning Commission on June 3 voted unanimously to recommend that the City Council amend Alpine Development Code section 3.22.009 to shorten the abandonment or discontinuance period for legal nonconforming uses from two years to one year.

City Planner Ryan Robinson told the commission the state default for abandonment of a nonconforming use is one year, and the proposed change would align the city code with that state standard. Robinson said the revision is intended to prevent indefinitely preserving uses that the city has chosen to remove from the code; the Council would still retain a code-amendment path to reintroduce a use if desired.

Robinson noted some property types, such as churches and schools, are treated differently in the code and that the change is expected to primarily affect nonconforming uses rather than buildings. Commissioners discussed examples, including duplex properties that revert to single-family status if abandoned for the statutory period.

The public hearing on the code amendment opened and closed with no speakers. Commissioner Troy Slade moved to recommend approval of the proposed amendment to section 3.22.009; Michelle Schumer seconded the motion. The commission voted in favor; the motion passed unanimously.

The commission’s recommendation will be forwarded to the City Council for public hearing and final action.