Commerce City Zoning Code

A nonconforming building or structure existing at the time of the adoption of the ordinance from which this chapter is derived may be contained, maintained and repaired, except as otherwise provided in this article.

(Zoning Ord., § 501.1)

A nonconforming building or structure shall not be added to or enlarged in any manner unless said building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located; provided, however, that if a building or structure is conforming as to use, but nonconforming as to yards or height, or off-street parking requirements of the district in which said building or structure is located, no nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of said building or structure is made to conform to all the regulations of the district in which it is located. A nonconforming building or structure shall not be repaired if it has received substantial damage or substantially improved, unless said building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is relocated.

(Zoning Ord., § 501.2)

Any structure or portion thereof, which is or hereafter becomes vacant and remains unoccupied for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.

(Zoning Ord., § 501.4)

A variance to the zoning requirements may be granted when:

(1)

There are specific physical circumstances that distinguish the project from its surroundings; and

(2)

These unique circumstances would create an unnecessary hardship for the applicant if the enacted zoning standards were imposed.

(Zoning Ord., § 501.5)

There is hereby created the board of adjustment which shall consist of five members, each to be removable for cause by the city council, upon written charges and after public hearing. No member of the city council may also serve at the same time on the board. The members shall be nominated by the mayor and confirmed by the city council. When the commission is first appointed, the terms of one-third of the members shall be for three years, one-third for two years, and one-third for one year. Thereafter, appointments shall be for terms of three years. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The members of the board shall serve without pay. Three members shall constitute a quorum.

(Ord. No. 2025-04, § 1, 12-9-2025)

The board of adjustment shall adopt rules in accordance with the provisions of this ordinance and as set forth in Title 11 O.S. §§ 44-102 through 44-110. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. The board of adjustment shall be subject to the open meeting laws of the state and all meetings, deliberations and voting of the board shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of all official actions, all of which shall be immediately filed in the office of the board of adjustment and shall be public record.

(Ord. No. 2025-04, § 1, 12-9-2025)

The board of adjustment shall annually elect one of its members as chairperson. The board shall appoint a secretary, who may be an officer of the municipality. The chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses by subpoena.

(Ord. No. 2025-04, § 1, 12-9-2025)

The board of adjustment is to exercise such procedures, powers, duties and responsibilities as set out in Title 11 O.S. §§ 44-102 through 44-110, which are adopted herein and made a part hereof, as same may be amended from time to time, and any other applicable statute(s) set out in state law for such boards.

(Ord. No. 2025-04, § 1, 12-9-2025)