(a)

A nonconforming use shall not be expanded or enlarged; provided, however, that normal maintenance of a structure containing a nonconforming use shall not be considered expansion or enlargement of the nonconforming use.

(b)

A nonconforming use may be changed to a conforming use at any time. If such change occurs, the former nonconforming use may not be reestablished.

(c)

A nonconforming use which is not actively and continuously used for a period of six (6) months shall be deemed abandoned and may not be reestablished. Intent to resume the nonconforming use shall not affect abandonment.

(d)

If ownership of property changes as a result of a sale for a tax or special assessment owed, and a treasurer's deed is issued, any nonconforming use on such property shall be discontinued.

(Prior code 15.66.010; Ord. 32 §1, 2011)

(a)

The nonconforming portion of a nonconforming structure shall not be enlarged, expanded or replaced. A structure conforming as to use but nonconforming as to height, setback, or coverage may be altered providing the alterations do not increase the height, footprint or mass of the nonconforming portion of the structure or otherwise violate any provision of this Code.

(b)

If a nonconforming structure is damaged by fire, explosion or other natural calamity, the structure may be restored to its original condition, provided that the cost of restoration does not exceed fifty percent (50%) of the fair market value of the structure. If the cost of restoration does exceed fifty percent (50%) of the fair market value of the structure, the structure shall not be restored.

(c)

The BOAA may grant variances to this Section.

(Prior code 15.66.020; Ord. 32 §1, 2011)

(a)

This Section shall apply to nonconforming fences and decorative monuments in lieu of Section 16-25-20.

(b)

A nonconforming fence or decorative monument shall not be enlarged or expanded.

(c)

If an existing nonconforming fence or decorative monument is in need of structural repairs, the fence or decorative monument may be repaired so as to be restored to its original condition if the repairs do not exceed fifty percent (50%) of the total length of the fence or total area of the decorative monument within any one-year period.

(d)

If an existing nonconforming fence or decorative monument is damaged by fire, explosion or other natural calamity, the fence or decorative monument may be restored to its original condition in its original location.

(e)

Fences located in the R-0.25 or R-0.1 District and in place on June 1, 2003, pursuant to a valid permit, whether originally issued by the City or Arapahoe County, and fences in place on June l, 2003, in any zone district without a permit but in compliance with applicable regulations at the time of installation, may remain in place even though they do not comply with this Chapter. Any such nonconforming fence may be repaired, replaced or rebuilt in its existing location at its existing height, despite the fact that the existing location or height may not comply with this Chapter. During replacement, rebuilding or repair, the style of such nonconforming fence may change, but the length and height of such nonconforming fence may not be enlarged unless the fence is brought into compliance with this Chapter.

(f)

The BOAA may grant variances to this Section.

(Prior code 15.66.030; Ord. 32 §1, 2011)