Adoption of land use controls and changes in zoning have created nonconforming uses, nonstandard buildings, and nonstandard lots. The purpose of this chapter is to allow these nonconforming uses and nonstandard buildings to be changed and upgraded without requiring their elimination, if the change would not substantially adversely affect the surrounding area and if the change would not increase the degree of nonconformity of the use. Additionally, this chapter sets standards that allow the development of nonstandard lots.

Nonconforming uses and nonstandard buildings and lots in existence on the effective date of the ordinance which first made them nonconforming may continue to exist subject to the following:

(a)

One-Year Expiration for Nonconforming Uses: A nonconforming use, except for a use that is nonconforming only because it fails to meet the residential density requirements of Section 9-8-1," Schedule of Intensity Standards," B.R.C. 1981, that has been discontinued for at least one year shall not be resumed or replaced by another nonconforming use as allowed under Subsection 9-2-15(f), B.R.C. 1981, unless an extension of time is requested in writing prior to the expiration of the one-year period. The approving authority will grant such a request for an extension upon finding that an undue hardship would result if such extension were not granted.

(b)

Damage by Fire, Flood, Wind, or Other Calamity or Act of God and Unsafe Buildings: A nonstandard building or structure, a building or structure that contains a nonconforming use, or a building or structure on a nonstandard lot, that has been damaged by fire, flood, wind, or other calamity or act of God may be restored to its original condition, or any building declared unsafe under the building code or any other applicable safety or health code may be restored to a safe condition, provided that such work is consistent with the requirements of Section 9-3-3, "Regulations Governing the One Hundred-Year Floodplain," B.R.C. 1981, started within two years of such event, and completed within three years of the date on which the restoration commenced.

(c)

Replacement of Nonstandard Architectural Building Features: Those nonstandard architectural features of a building that otherwise violate the setback standards set forth in Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, except for architectural features that encroach into public rights of way or easements or cross property boundaries, may be replaced if:

(1)

Reconstruction is commenced within twelve months of removal and completed within twenty-four months of the date on which the restoration is commenced;

(2)

The exterior materials and architectural style of the replacement match that of the original feature; and

(3)

The replacement does not result in the creation of additional building coverage or floor area.

For the purposes of this subsection, architectural feature means eaves, unenclosed porches, bay windows, awnings, and entry vestibules.

(d)

Drive-Thru Facilities: A drive-thru facility that was established prior to July 31, 1986, on a property not abutting Canyon Boulevard in the DT zoning districts, and has not expired pursuant to subsection (a) of this section, shall be considered a nonconforming use, and may:

(1)

Be renovated or remodeled, by improvements the cumulative total of which increases the structure's fair market value by no more than twenty-five percent of the value of the structure, without meeting the criteria for drive-thru uses in Subsection 9-6-5(v), B.R.C. 1981;

(2)

Be renovated or remodeled by improvements the cumulative total of which increases the facility's structure's fair market value by more than twenty-five percent of the value of the structure; or be relocated on site if the development meets the criteria for drive-thru uses in Subsection 9-6-5(v), B.R.C. 1981; or

(3)

Be relocated off site or expanded on site, subject to the conditional use requirements for drive-thru uses. For the purposes of this paragraph, "expanded" means creation of an additional drive-thru bay, lane, or teller window.

(4)

For purposes of this subsection (d), the applicant shall demonstrate the value of the existing structure by submitting, at the discretion of the applicant, either the actual value assessed by the Boulder County Assessor's Office or the fair market value determined by a real estate appraiser licensed in Colorado.

(e)

Discontinuance of Use and Damage to Buildings or Structures related to the September 2013 Flood Event: The city manager may grant extensions of time to resume or replace a nonconforming use under subsection (a) if such extension would facilitate recovery and repair resulting from flooding and provided that the applicant requests the extension in writing on or before June 1, 2015 and shows that undue hardship would result if the extension was not granted. The city manager may extend time to start work under subsection (b) to restore a structure or building that has been damaged by flooding if such work is started no later than March 1, 2016 and is completed within twenty-four months of the date on which the restoration is commenced. The city manager may grant one additional six-month extension to start work under subsection (b) to restore a structure or building if a request is made in writing prior to March 1, 2016 and the applicant shows that it exercised reasonable diligence towards completing the project and will be able to complete the work within twenty-four months of the date on which the restoration is commenced.

Ordinance Nos. 5930 (1997); 6046 (1999); 7522 (2007); 7699 (2009); 7926 (2013); 8018 (2014); 8035 (2015); 8399 (2020); 8523 (2022); 8556 (2023); 8620 (2024); 8622 (2024); 8696 (2025)

Changes to nonstandard buildings, structures, or nonstandard lots and nonconforming uses shall comply with the following requirements:

(a)

Nonstandard Buildings and Structures:

(1)

Criteria: The city manager will grant a request for a building modification for a nonstandard building or structure if such modification meets the following requirements:

(A)

The proposed modification complies with all of the applicable requirements of Chapters 9-6, "Use Standards," 9-7, "Form and Bulk Standards," 9-8, "Intensity Standards," 9-9, "Development Standards," B.R.C. 1981, and Sections 9-6-2 through 9-6-7, B.R.C. 1981, dealing with specific use standards; and

(B)

The coverage of the nonstandard building or structure, as modified, is no greater than the coverage allowed in the underlying zoning district.

(2)

Maintaining a Nonstandard Setback: If a foundation and the exterior walls above it that encroach into a required setback are removed and replaced, such foundation and wall shall be reconstructed in compliance with Chapter 9-7, "Form and Bulk Standards," B.R.C. 1981. As part of any activity requiring a building permit, in order to maintain a nonstandard setback, at a minimum, the applicant shall:

(A)

Retain the exterior wall and the existing foundation that it rests upon. The exterior wall shall, at a minimum, retain studs and retain either the inner or exterior sheathing of the exterior wall. Interior sheathing includes, without limitation, plaster, drywall, or paneling; or

(B)

Retain the exterior wall studs and the fully framed and sheathed roof above for that portion of the building within the required setback.

(3)

Variance Required: A request for a modification to a nonstandard building or structure that is not in conformance with the provisions of Chapter 9-7, "Form and Bulk Standards," B.R.C. 1981, may be granted only if a variance is granted pursuant to Section 9-2-3, "Variances and Interpretations," B.R.C. 1981.

(4)

No Nonstandard Changes to Standard Buildings or Structures: If a nonstandard building or structure has been modified so as to be in conformance with the provisions of Title 9, "Land Use Code," B.R.C. 1981, any future modifications to the building or structure shall be in conformance with the provisions of this title.

(5)

No Addition Over Fifty-Five Feet: Nothing in this section shall be construed to permit the expansion of the height of a building or structure, any part of which exceeds the maximum height imposed by Section 9-7-5, "Building Height," B.R.C. 1981. The provisions of Section 9-7-5, "Building Height," B.R.C. 1981, and Section 9-2-14, "Site Review," B.R.C. 1981, supersede the provisions of this section.

(b)

Nonstandard Lots or Parcels:

(1)

Development Requirements: Vacant lots and parcels in all residential districts that are smaller than the minimum lot area indicated in Section 9-8-1, "Schedule of Intensity Standards," B.R.C. 1981, may be developed with a detached dwelling unit or, if in the RR and RL-1 zoning districts, pursuant to the standards in Subsection 9-8-3(a), "Density in the RR-1, RR-2, RL-1, RMX-1, and RH-7 Districts," B.R.C. 1981, with a duplex or two detached dwelling units, if the following criteria are met:

a.

The building or buildings meet the setback requirements of Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981; and

b.

In RR-1 and RR-2 districts, the lot or parcel is at least 7,500 square feet, or

c.

In all other zoning districts, the vacant lot is at least one-half of the required minimum lot area.

(2)

Maximum Height: The maximum height for a principal building or structure on a nonstandard lot in the RMX-1, RL-1 and RE zoning districts will range from twenty-five feet for a building or structure on a lot which is at or below one-half the minimum lot size of the zoning district up to thirty-five feet for a building or structure on a lot which meets or exceeds the minimum lot size. In RR-1 and RR-2 districts, the maximum height for a principal building or structure on a nonstandard lot shall range from twenty-five feet for a building on a lot which is at or below one-fourth the minimum lot size up to thirty-five feet for a building or structure on a lot which meets or exceeds the minimum lot size. Such lots shall be allowed to have a maximum building or structure height in proportion to the lot area. In the event that an existing building or structure exceeds the height limitations of this paragraph, the applicant shall be permitted to complete a site review to increase the height of the building or structure up to the permitted height in Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981. The permitted heights for the RMX-1, RL-1, RE, RR-1 and RR-2 zoning districts shall be computed as set forth in Table 10-1 of this section and as indicated in appendix C, "Height Restrictions for Nonstandard Lots," of this title.

TABLE 10-1 NONSTANDARD LOT MAXIMUM HEIGHT FORMULAS

*All nonstandard lots are permitted a principal building height of at least 25 feet.

(3)

Merger of Contiguous Lots: A nonstandard lot or parcel and a contiguous lot cease to be considered separate nonstandard lots if they are held under one ownership under the provisions of Subsection 9-9-2(c), B.R.C. 1981.

(4)

Alteration, Repairs or Expansions of Building on Nonstandard Lots: The city manager will grant a request for a building modification of a building on a nonstandard lot if the building modification meets the following standards:

(A)

The building modification meets the setback requirements of Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, for the district in which it is located;

(B)

The existing or proposed building coverage does not exceed the area within the setbacks of the underlying zoning district; and

(C)

The building modification will not result in the expansion of a nonconforming use beyond that amount that is permitted by this chapter.

(5)

Variance Required for Nonstandard Lots: A request for a building modification that increases building coverage for a building on a nonstandard lot that is less than one-half the minimum lot size required by the underlying zoning district, or less than one-fourth the minimum required lot size in RR-1 or RR-2 districts, shall only be granted pursuant to a variance under Section 9-2-3, "Variances and Interpretations," B.R.C. 1981.

(c)

Nonconforming Uses:

(1)

Nonconforming Changes to Conforming Use Prohibited: No conforming use may be changed to a nonconforming use, notwithstanding the fact that some of the features of the lot or building are nonstandard.

(2)

Standards for Substitutions of Nonconforming Uses: The city manager will grant a request for a substitution of a nonconforming use, which is the replacement of one nonconforming use with another, if the new use does not constitute an expansion of a nonconforming use. Any expansion of a nonconforming use must be reviewed under procedures of Section 9-2-15, "Use Review," B.R.C. 1981.

(3)

Nonconforming Permanently Affordable Units: Dwelling units on a building site that exceeds the maximum number of dwelling units per acre standard or does not meet the minimum amount of open space per dwelling unit or the minimum lot area per dwelling unit standards may be reconstructed or restored consistent with the following standards:

(A)

Permanently Affordable: At least seventy-five percent of all units of the building, before and after the reconstruction or restoration, are permanently affordable units as defined for the purposes of Chapter 9-13, "Inclusionary Housing," B.R.C. 1981;

(B)

No Reduction in Affordable Units: The reconstructed or restored building provides the same number of permanently affordable units as the existing building. If the existing building exceeds fifty-five feet in height, a reduction of permanently affordable units may be approved in a site review pursuant to Section 9-2-14, "Site Review," B.R.C. 1981, if the approving authority finds that the reduced number of permanently affordable units in the building is necessary to meet the fifty-five foot maximum height;

(C)

Attached or Multiple Units: The reconstructed or restored units are attached dwelling units or multiple dwelling units;

(D)

No Increase in Nonconformity: The proposed reconstruction or restoration does not increase the number of dwelling units on the property nor any nonconformity in the minimum amount of open space per dwelling unit standard;

(E)

Vertical and Horizontal Building Dimensions: Any building that is reconstructed or restored may be reconstructed within the vertical and horizontal building envelop of the original building, notwithstanding requirements of Chapter 9-7, "Form and Bulk Standards," B.R.C. 1981. No building shall be reconstructed to exceed the building dimensions, both vertically and horizontally, that were established by the original building unless approved through Section 9-2-14,"Site Review," B.R.C. 1981. No reconstructed building shall exceed fifty-five feet in height.

(F)

Application of Code: Applications subject to this paragraph shall meet all requirements of the Boulder Revised Code unless modified or waived by this paragraph or pursuant to another city process, including without limitation a site review, use review, or variance process. Any reconstructed or restored building meeting the maximum number of dwelling units per acre, the minimum amount of open space per dwelling unit, and the minimum lot area per dwelling unit standards shall be subject to the applicable zoning district standards; and

(G)

Application Requirements: A person having a demonstrable property interest in the land may apply for the reconstruction or restoration of a building or property under the requirements of this paragraph. Such application shall be filed on a form provided by the manager and shall meet the requirements of Subsection 9-2-6(a), B.R.C. 1981, and the following:

(i)

Detailed documentation that shows the number of units existing on the property, the configuration of such units, and that the units were legally established at the time of construction;

(ii)

Plans that demonstrate that the proposed number of units does not exceed the number of units existing on the site;

(iii)

Elevations and a site plan of the existing building and a statement as to how the building or property is nonconforming as to the number of units and parking and nonstandard as to building setbacks and other zoning requirements; and

(iv)

Any other information that the city manager determines is necessary to review the application and determine compliance with the requirements of this Paragraph (4).

Ordinance Nos. 5623 (1994); 5971 (1998); 7079 (2000); 7102 (2000); 7153 (2001); 7535 (2007); 7699 (2009); 7710 (2010); 8175 (2017); 8409 (2020); 8523 (2022); 8622 (2024); 8651 (2025); 8666 (2025); 8696 (2025); 8697 (2025)