A.

Generally. The application of new regulations to an existing legally established development may create circumstances in which existing lot dimensions, density, intensity, land uses, buildings, structures, landscaping and buffering, lighting, parking areas, or signs do not strictly conform to the requirements before the Effective Date of this LDC. For existing lots or development (including uses, buildings, structures, and signs) that are legally nonconforming to the standards in the LDC, this Article sets out equitable rules for whether, when, and how the regulations of this LDC apply.

B.

Illegal Uses, Buildings and Structures. Land uses established, and buildings and structures constructed, before the Effective Date of the new regulations that do not meet the requirements, but that were established or constructed without required permits or approvals from the City, are illegal; they are not addressed by this Division and are violations of the Article.

A.

Generally. This Article applies to uses, buildings, structures, landscaping, buffering, signs, lighting, parking, density, intensity, and lots that were:

1.

Lawfully established, constructed, installed, platted, developed, or created prior to the Effective Date, but not currently in conformance with the requirements of this LDC; or

2.

Lawfully established, constructed, installed, platted, developed, or created in one zoning district, but no longer conform to the requirements of this LDC after the subject property is rezoned.

B.

Effect of Article. Nothing in this Article shall be interpreted to require a change in plans, construction, or designated use of any building in which a building permit was lawfully obtained from the City prior to the Effective Date of this LDC or subsequent amendment, provided that construction:

1.

Was commenced before the expiration of the building permit; and

2.

Work is proceeding diligently toward completion.

C.

Changes of Tenancy or Ownership. Nothing in this Article shall be construed to affect or restrict changes in tenancy or ownership, nor shall changes in ownership affect the application of any of the requirements of this Article.

D.

Evidence of Status. Evidence that a nonconforming situation is a legal nonconformity and not a violation of this LDC shall be submitted by the owner of the property or operator of the use upon request of the Director.

E.

Unlawful Uses, Buildings, or Structures. This Article does not allow for the perpetuation of unlawful development. Such development is not legally nonconforming, but instead, unlawful, and is subject to all of the provisions of this LDC (including enforcement provisions) and any other applicable law.

A.

Generally. This Section lists the situations where a technical nonconformity is considered "conforming" for the purposes of this LDC.

B.

RN Zoning District. Lots of record within the RN zoning district (all subdistricts), regardless of their area or dimensions, and existing buildings on said lots of record, are deemed to be conforming lots and conforming buildings if legally established, respectively. To the extent they are used for single-family detached residential purposes, they are also deemed to be conforming as to density.

C.

Partitions. Lots that are created by judicial partition are deemed to be conforming lots.

D.

Vested Rights. This Article does not apply to site-specific development plans for which rights are vested, during the period of vested rights.

E.

Acquisition for Public Use. When lot area or set back are reduced as a result of land acquired by Federal, State, or local government, or any other public agency, for a public purpose, and the remaining lot is a least 60 percent of the required minimum standard for the zoning district in which it is located, then the lot or structure is deemed to be in compliance with the minimum standards of this Code.

F.

Fueling/Service Stations. Where more than two fueling/service stations exist within 660 feet of the intersection of two arterial streets, they shall not be considered as a nonconforming use due to their proximity to each other.

G.

Conditional Uses. Uses that are listed as conditional uses in Division 3-1-2, Land Use by Zoning District, but were established prior to the effective date of this LDC or are the subject of a valid approval that pre-dates the effective date of this LDC shall be deemed to be "conforming uses" under this LDC.

A.

Generally. Except as provided in Subsection B., below, nonconforming uses may be continued and maintained in reasonable repair, subject to the standards of this Subsection.

1.

Building or Structure Enlargement. A building or structure that is put to a nonconforming use shall not be enlarged, extended, constructed, reconstructed, moved, or structurally altered except to change the use of the structure to a permitted use.

2.

Expansion of Nonconforming Use.

a.

A nonconforming use shall not be enlarged, expanded, or extended, except to occupy any interior parts of the building or structure enclosing such use that were designed or arranged for such use at the time the use was lawfully established.

b.

No new accessory use, accessory building, or accessory structure shall be established on the site of the nonconforming use if it is accessory to the nonconforming use or expands the footprint of the nonconforming use.

3.

Additional Signs or Uses. In connection with a nonconforming use, the following are prohibited:

a.

The attachment on the building or premises of additional signs that are intended to be viewed from off the premises; and

b.

The addition of other uses that are prohibited in the zoning district in which the subject property is located.

B.

Industrial Zoning Districts. A nonconforming use in the IL or IG zoning district may be continued and maintained in reasonable repair, and if it is listed in Section 3-1-2-5, Commercial Land Use by Zoning District, Section 3-1-2-7 Industrial, Processing, Recycling, Storage, and Disposal Land Use by Zoning District, or 3-1-2-8 Motor Vehicle Land Use by Zoning District, it may be expanded, cumulatively, by up to 25 percent of its footprint on the effective date of this LDC. For the purposes of this Subsection, the extension of a nonconforming use to a portion of an existing building or structure that was designed and constructed for the nonconforming use on the Effective Date of this LDC is not counted towards the limitation on expansion.

1.

Expansion of a nonconforming building or structure greater than 2,500 square feet shall be exempt if the Director finds that the expansion will not cause an increase in vehicular traffic, thus requiring traffic and roadway improvements to public streets.

2.

The degree of expansion shall be determined by the gross floor area as of the Effective Date of the LDC. The expansion may be to an existing building or the addition of a new building.

If a nonconforming use is changed to a different use, the new use shall be a use that conforms to the regulations of the zoning district in which it is located. After such change, all future use of the subject property shall comply with applicable use-related provisions of this LDC.

A.

Nonconforming Uses that Involve Buildings or Structures. If a nonconforming use involving a building or structure is discontinued from use for a period of 12 months, further use of the subject property shall conform to the requirements of this LDC.

B.

Nonconforming Uses that Do Not Involve Buildings or Structures. If a nonconforming use not involving a building or structure is discontinued for a period of six months, further use of the subject property shall conform to the requirements of this LDC.

A.

Nonconforming Due to Design or Configuration. If a drive-in or drive-through facility is nonconforming because it is not in compliance with the provisions of Section 5-1-6-2, Drive-In and Drive-Through Facilities, then:

1.

If the nonconformity involves the location of the drive-in or drive-through facility adjacent to any RA or RN zoning districts or within the OT zoning district, then the use of the drive-in or drive-through facility shall not be resumed if it is discontinued for a period of six consecutive months unless the drive-in or drive-through element of the facility shall be modified to become less nonconforming, as determined by the Director; or

2.

For any other nonconformity, the use of the drive-in or drive-through facility may be continued, or resumed after interruption, and the drive-in or drive-through facility is subject to Section 9-1-3-2, Modifications to a Nonconforming Building or Structure, and Section 9-1-3-3, Damage to a Nonconforming Building or Structure.

A.

Enlargement. A building or structure (other than a sign) that is located on a subject property that is conforming as to use, but is nonconforming as to height, setback, or lot coverage, may be altered or extended, provided that the alteration or extension does not result in a further violation of this LDC or applicable Building Codes. Except for Olde Town zoning districts and subdistricts, any expansions of the structure that comply with applicable dimensional standards shall be permitted and shall not require a variance. Existing single-family, detached structures on nonconforming lots of record may be enlarged, expanded or extended using an existing non-conforming setback, provided the enlargement (i) is not within a front setback; (ii) is for a single story only; and (iii) is not more than 25 percent of the existing lot coverage.

B.

Olde Town Zoning District. Any enlargement, alteration, or expansion of a nonconforming building or structure that increases the degree of nonconformity is prohibited. Expansions of the building or structure that comply with applicable dimensional standards shall be permitted and shall not require a variance. Any expansion of a nonconforming building or structure in the Olde Town zoning district must meet the Design Guidelines for Olde Town Arvada, including expansion of existing single-family detached structures. The initial determination of whether a proposed expansion increases the degree of nonconformity shall be made by the Director. Enlargement in the Olde Town zoning district that does not meet the minimum building width at the front setback is permitted provided that the total width of the enlargement area lies within the frontage zone.

1.

Notwithstanding the above, enlargement, alteration, or expansion in the Olde Town zoning district shall occur in the most historically appropriate location, without regard to the frontage zone or build-to requirements, as determined through design review.

2.

The development standards and limitations applicable to the enlargement, alteration or expansion of a nonconforming multi-family dwelling in the Olde Town zoning district shall be those set forth in Section 2-1-5-4, Mixed-Use Building Type and Building Form Standards, and Section 2-1-5-6, Apartment Building Type Lot and Building Standards, except that no such expansion shall be allowed for a structure over one story (20 feet) in height.

A.

Cost of Repair is 50 Percent or More of Appraised Value. If a nonconforming building or structure is damaged to the extent that the cost of repair is 50 percent or more of the appraised value of the subject property (including the building or structure) for ad valorem tax purposes, then future construction on the subject property shall conform to the requirements of this LDC.

B.

Cost of Repair is Less than 50 Percent of Appraised Value. If a nonconforming building or structure is damaged to the extent that the cost of repair is less than 50 percent of the appraised value of the subject property (including the building or structure) for ad valorem tax purposes, then restoration is allowed, provided that it is commenced within six months after the damage, and completed within 12 months after commencement.

A.

Generally. Nonconforming signs may be altered as provided in this Section, except that this Section does not apply to signs within the OT zoning district (see Section 6-1-7-2, Historic Signs; Exceptions to Nonconformity and Abandonment).

B.

Limitations on Alterations. Nonconforming signs may be altered as follows:

1.

Except for Certificate of Compliance to the Design Guidelines, the copy of a nonconforming sign may be changed without limitation, provided that the sign area, sign height, background shape, and location of the sign are not changed.

A.

Generally. Nonconforming signs may be repaired after damage only as provided in this Section, except that this Section does not apply to historic signs within the OT zoning district (see Section 6-1-7-2, Historic Signs; Exceptions to Nonconformity and Abandonment).

B.

Limitations on Repair or Replacement. In the event that a nonconforming sign is damaged or destroyed, by any means, to the extent of more than 50 percent of its replacement cost prior to such destruction (as determined by the City), such sign shall not be restored except in conformance with the applicable requirements of Chapter 6, Signs.

If a nonconforming sign is relocated for any reason, such sign shall conform to the requirements of Chapter 6, Signs, that apply generally and within the sign district to which the sign is relocated. This Section does not apply to the temporary removal of a sign or portion thereof for repair or maintenance, provided that the sign is promptly reinstalled in the location from which it was removed.

A.

Generally. Lots that are nonconforming as to lot area, lot width, lot depth, or lot frontage may be used or developed pursuant to the standards of the zoning district in which they are located, subject to the provisions of this Section.

B.

Construction on Nonconforming Lots That Do Not Conform to Dimensional Requirements. A nonconforming lot that does not meet zoning district requirements with respect to lot area or lot width may be built upon if:

1.

The lot is a legal lot of record; and

2.

The use is permitted in the zoning district in which the lot is located, or is approved as a limited or conditional use that does not specifically require a minimum lot area, width, depth, or frontage to which the lot does not conform.

C.

When Combination Required.

1.

Where a landowner owns several adjoining lots that do not conform to the area or dimensional requirements of the zoning district in which they are located, the adjoining lots of record shall be combined, reconfigured, or resubdivided in a manner that results in fully conforming lots or, if full conformity is not possible, the lots shall be combined, reconfigured, or resubdivided in a manner that maximizes the degree of conformity.

A.

Generally. This Section applies to nonconforming residential density on lots that are legally developed with buildings that include three or more dwelling units, where the housing type is allowed in the zoning district, but the number of units exceeds the number of units that are allowed in the zoning district based on the lot area. Nonconforming density may be continued, subject to the provisions of this Section.

B.

Repairs and Alterations to Residential Buildings. If a lot contains more dwelling units that are legally established than are allowed by the zoning district in which the lot is located, then the building or buildings in which the additional dwelling units are located may be maintained and repaired, and may be altered, expanded, or extended as may be otherwise allowed by this LDC. No new bedrooms shall be created unless parking for the lot conforms to the requirements of Article 4-5, Parking and Loading.

C.

Reconstruction. Buildings on a lot that contains more dwelling units than are allowed by the zoning district in which the lot is located may be reconstructed after casualty loss, or redeveloped to the nonconforming density, provided that such reconstruction or redevelopment is completed within 36 months after the casualty loss or approval of the redevelopment.