A.

Purpose. The purpose of this Chapter is to regulate and limit the development and continued existence of zoned legal uses, structures, lots, signs, and use characteristics such as parking and landscaping, established prior to the adoption of this FDC, or the adoption of future amendments to this FDC, that no longer conform to the requirements of this FDC. All such situations are collectively referred to in this Chapter as "nonconformities." While nonconformities may continue, the provisions of this Chapter are designed to curtail substantial investment in nonconformities to bring about their eventual elimination in order to preserve the integrity of this FDC and the character of the Town.

B.

Authority to continue.

1.

Generally. Any nonconformity that lawfully existed as of the adoption of this FDC and that remains nonconforming, and any nonconformity that is created as a result of any subsequent rezoning or amendment to the text of this FDC, may be continued or maintained as a nonconformity only in accordance with the terms of this Chapter.

2.

Exception due to variances or minor modifications. Notwithstanding Subsection 16.9.1.B.1 above, this Chapter shall not apply to any development standard or feature that is the subject of a variance or minor modification granted under this FDC. Where a variance or minor modification has been granted that results in a development standard or feature that does not otherwise conform to the requirements of this FDC, that development standard or feature shall be deemed conforming.

3.

Special Review Uses.

a.

A permitted use existing prior to the adoption of this FDC that is permitted as a Special Review Use in the district in which it is located under this FDC, but which lacks an approved Special Review Use permit, shall be considered to exist as a conforming Special Review Use.

b.

A Special Review Use existing prior to the adoption of this FDC that is permitted in its entirety as a principal use in the district in which it is located under this FDC shall be deemed a permitted principal use and the Special Review Use permit shall be null and void.

C.

Determination of nonconformity status. In all cases, the burden of establishing the existence of a legal nonconformity shall be solely upon the owner of the nonconformity, not the Town.

D.

Nonconformities created through government action. If a structure, use of land, use of structure, or characteristic of use does not comply with the requirements of this FDC solely as a result of an acquisition of land or other action by a government agency for a public purpose, then such structure, use of land, use of structure, or characteristic of use on land not acquired by the government shall be deemed conforming. For purposes of this Section the word "land" means fee simple interest in real estate.

E.

Change of ownership or tenancy. Changes of ownership, tenancy, or management of property with an existing nonconformity are permitted but such nonconformities shall continue to be subject to the provisions of this Chapter.

F.

Damage or destruction.

1.

If a nonconformity is damaged or destroyed by any means to an extent greater than fifty (50) percent of its floor area or its actual value at the time of damage or destruction (as determined by the Weld County Assessor), then such nonconformity shall not be re-established unless it is made to conform to the requirements of this FDC.

2.

Where a nonconforming building is damaged less than fifty (50) percent of its floor area or its actual value at the time of damage or destruction (as determined by the Weld County Assessor) it may be repaired or restored, provided any such repair or restoration is started within twelve (12) months and is completed within eighteen (18) months from the date of partial destruction.

3.

These requirements shall not apply in the OTC-Old Town Commercial and OTR-Old Town Residential Districts. A nonconforming building, used as such, which has been damaged or destroyed may be restored to its original condition regardless of the extent of the damages, provided that such work is commenced within one (1) year of the date of the damage and substantially complete within two (2) years of the date of the damage.

G.

Maintenance and minor repair.

1.

Minor repairs or maintenance of nonconformities that are required to keep structures or sites in a safe condition are permitted, provided that the minor repair or maintenance does not increase the extent of nonconformity. For purposes of this Section, "maintenance or minor repair" shall mean:

a.

Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or interior appearance of a building or structure without expanding or altering the building or structure;

b.

Maintenance of land areas to protect against health and environmental hazards and promote the safety of surrounding land uses;

c.

Repairs that are required to remedy unsafe conditions that cause a threat to public safety; and

d.

Repairs and maintenance of nonconforming signs as set forth in Section 16.9.5.

(Ord. 982 Att., 2020)

A.

Limitations on continuation of nonconforming uses of land. Nonconforming uses of land or structures may continue, subject to the general provisions of Section 16.9.1 and the following limitations:

1.

If a nonconforming use ceases for any reason, except when government action impedes access to the premises, on a lot or any portion of a lot for a period of more than six (6) consecutive months, the nonconforming use shall be considered abandoned. Once abandoned, the prior legal nonconforming status of the use shall be considered terminated and reestablishment of the use shall be prohibited. Any subsequent use of the property shall comply with all applicable provisions of this FDC.

2.

No nonconforming use of land shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the regulations that make the use nonconforming.

3.

Any nonconforming use may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment of the applicable regulations, but no such use shall be extended to occupy any land outside such buildings.

4.

No additional structure not conforming to the requirements of this FDC shall be erected in connection with the nonconforming use of land or structure.

B.

Change of use.

1.

A nonconforming use permitted under this FDC shall not be changed or replaced to a different nonconforming use.

C.

Abandonment or cessation of use.

1.

If a nonconforming use ceases for any reason, except when government action impedes access to the premises, on a lot or any portion of a lot for a period of more than six (6) consecutive months, the nonconforming use shall be considered abandoned. Once abandoned, the prior legal nonconforming status of the use shall be considered terminated and reestablishment of the use shall be prohibited. Any subsequent use of the property shall comply with all applicable provisions of this FDC.

(Ord. 982 Att., 2020)

A.

Continuation of nonconforming structures generally. Nonconforming structures may continue, subject to the general provisions of Section 16.9.1 and the following limitations:

1.

No nonconforming structure may be enlarged or altered in a way that increases its nonconformity, including but not limited to any new construction in violation of required setbacks or building height in the applicable zone district; but any structure or portion thereof may be altered to decrease its nonconformity. This Subsection shall not be construed to allow the expansion of a nonconforming use of structure.

2.

Should a nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

3.

Structural changes to a nonconforming building that have the effect of increasing the life of the nonconforming building shall not be permitted unless the building official determines that such change is necessary to rectify a hazardous condition or safety concern.

(Ord. 982 Att., 2020)

A.

Unless otherwise provided in this FDC, single-family residences and customary accessory buildings may be erected on any legally created single lot of record existing at the time of adoption of this FDC. Such lot must have been in separate ownership and not of continuous frontage with other lots under the same ownership. This provision shall apply even though such lot fails to meet the requirements of the district in which it is located for area, width or both area and width; provided however, that the minimum setback requirements of the district shall be met unless a variance to said requirements has been granted as provided herein.

B.

If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of adoption of this FDC, and part or all of said lots do not meet the requirements of the zone district in which they are located as to minimum area or width, or both minimum area and width, for the purpose of this Chapter, the lands shall be considered to be an undivided parcel, and no portion of said parcel shall be sold or used in a manner which diminishes compliance with the lot area and width requirements established in this FDC.

(Ord. 982 Att., 2020)

A.

Termination. A nonconforming sign shall immediately lose its legal nonconforming status, and therefore shall be brought into conformance with this FDC or removed, when any of the following occur:

1.

The size or shape of the sign is changed;

2.

The sign structure is altered. Alteration does not include repairs and/or maintenance; or

3.

The nonconforming sign is accessory to a nonconforming use that has lost its nonconforming status; or

4.

The primary structure on the property to which the sign is located is the subject of an application for a building permit for reconstruction, remodeling, expansion, or other improvements to the primary structure on such property, and the value of the proposed improvements total more than twenty-five (25) percent of its replacement cost of such primary structure.

B.

Maintenance of nonconforming signs. Nonconforming signs shall continue to be maintained in safe condition pursuant to the building regulations of the Town.

C.

Alteration, relocation, or replacement of nonconforming signs. A nonconforming sign shall not be structurally altered, relocated, or replaced unless it is brought into compliance with the provisions of this Section.

D.

Reconstruction of damaged sign. If a sign and/or its support are damaged to the extent where the repair costs exceed fifty (50) percent of the replacement cost of the sign, the sign shall be removed or brought into compliance.

(Ord. 982 Att., 2020)

A.

Existing nonconforming characteristics. If the characteristics of a use, lot, or structure such as off-street parking, off-street loading, lighting, landscaping, or other features regulated by this FDC, are not in accord with the requirements of this FDC, no change shall be made in such characteristics that increase the amount of nonconformity with such requirements. Change shall be permitted in the direction of conformity to the requirements of this FDC.

B.

Improvements triggering upgrades in nonconforming characteristics. If (a) an application is filed for a building permit or for reconstruction, remodeling, expansion, or other improvements of a multi-family, commercial, industrial, or mixed-use structure, and (b) the value of the proposed improvements total more than twenty-five (25) percent of its replacement cost of the primary structure(s) on the property, the applicant shall be required to address the following nonconformities prior to, or as part of the improvements authorized by, such land use permit or building permit, unless the Director determines in writing that such nonconformities have no significant adverse impact on surrounding properties:

1.

Screening of mechanical equipment;

2.

Screening walls or fences (for parking areas or storage areas);

3.

Driveway surfacing;

4.

Landscaping;

5.

Parking; and

6.

Lighting.