Federal Heights City Zoning Code

The lawful use of land or condition of structures existing on the date of adoption or amendment of this chapter may be continued as a "legal nonconforming use or structure," although such use or condition does not conform to the regulations specified by this chapter for the district in which such building or land is located, subject to the conditions and specifications of this article. This article shall not be deemed to allow uses or conditions of structures which are prohibited, or otherwise addressed, by other chapters of this Code.

(Code 1985, § 10-19-1(A); Ord. No. 04-06, § 2, 6-1-2004)

Any legal nonconforming use of land that is discontinued, abandoned or vacated for a period of six months shall thereafter conform to the provisions of this chapter. A legal non-conforming structure that has been abandoned, vacated, or unused for a period of six months shall thereafter conform to the provisions of this chapter.

(Code 1985, § 10-19-1(B); Ord. No. 04-06, § 2, 6-1-2004; Ord. No. 25-15, § 1, 12-2-2025)

Except as provided in section 70-85, any legal nonconforming structure which has been destroyed or damaged by fire, explosion, act of God, by public enemy, or otherwise, to the extent of 60 percent or more of its actual value, shall thereafter conform to the provisions of this chapter. Where more than 40 percent of the actual value of the structure remains after such damage, the structure may be restored to the same nonconforming condition as it existed before such damage, provided that such restoration is completed within 12 months.

(Code 1985, § 10-19-1(C); Ord. No. 04-06, § 2, 6-1-2004)

Except as provided in section 70-85, legal, nonconforming structures shall not be enlarged or structurally altered except to decrease the degree of nonconformity, or to effect repairs or alterations that the building official determines are necessary to rectify a hazardous health or safety situation. A legal, nonconforming use may be extended throughout the building, provided that there are no structural alterations except those required by ordinance or applicable law, and provided that approval is granted by the city council.

(Code 1985, § 10-19-1(D); Ord. No. 04-06, § 2, 6-1-2004)

(a)

Except in the R-4 zone district, there shall be no right to replace a mobile home/manufactured home with another mobile home/manufactured home in a mobile home park.

(b)

In the R-4 zone district, there shall be no right to replace an existing mobile home/manufactured home in a mobile home park if the replacement mobile homes/manufactured home causes a violation of, of continues a violation of, any provision of article VIII, division 5.

(Code 1985, § 10-19-1(E); Ord. No. 04-06, § 2, 6-1-2004)

Editor's note— Ord. No. 25-15, § 1, adopted Dec. 2, 2025, repealed § 70-84, which pertained to change to other nonconforming use and derived from Code 1985, § 10-19-1(F); Ord. No. 04-06, § 2, 6-1-2004.

Except as prohibited by section 70-83, legal, nonconforming dwellings, used as such, that have been destroyed or damaged by fire, explosion, act of God, by public enemy or otherwise, may be reconstructed without regard to the percentage of destruction of the actual value as provided in section 70-81. Legal, nonconforming single-family dwellings, used as such, may be modified or altered for continued single-family use, provided that such modification or alteration does not increase the degree of nonconformity as measured by section 70-214.

(Code 1985, § 10-19-1(G); Ord. No. 04-06, § 2, 6-1-2004)