(a)

Purpose. The purpose of this Article 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 Code, or the adoption of future amendments to this Code, that no longer conform to the requirements of this Code. All such situations are collectively referred to in this Article as "nonconformities." While nonconformities may continue, the provisions of this Article are designed to curtail substantial investment in nonconformities to bring about their eventual elimination in order to preserve the integrity of this Code and the character of the Town.

(b)

Authority to continue.

(1)

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

(2)

Exception due to variances or minor modifications. Notwithstanding subsection 16.20.10(b)(1) above, this Article shall not apply to any development standard or feature that is the subject of a variance or minor modification granted under this Code. 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 Code, that development standard or feature shall be deemed conforming.

(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 Code 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 Article.

(f)

Damage or destruction.

(1)

If a nonconformity is damaged or destroyed by any means to an extent greater than fifty percent (50%) 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 or restored to its original condition unless it is made to conform to the requirements of this Code.

(2)

Where a nonconforming building is damaged less than fifty percent (50%) 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 six (6) months and is completed within eighteen (18) months from the date of partial destruction.

(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 or degree of the 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; and

c.

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

(h)

Improvements triggering upgrades in nonconforming characteristics. If 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 percent (25%) 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 Town determines 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.

(Ord. No. 2023-08, §7)

(a)

Limitations on continuation of nonconforming uses of land. Nonconforming uses of land or structures may continue, subject to the general provisions of Section 16.18.10 and the following limitations:

(1)

No nonconforming use of land shall be expanded, enlarged, or increased. An expansion of a nonconforming use shall include, but is not limited to, any change that results in any of the following: (a) an increase in usable floor area or an increase in percentage of the use of the parcel or lot, of a non-residential use; (b) the addition of a dwelling unit to a residential use. Any nonconforming use on a lot or portion thereof may be altered to decrease its nonconformity.

(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 Code shall be erected in connection with the nonconforming use of land or structure.

(b)

Change of use. A nonconforming use permitted under this Code shall not be changed or replaced with a different nonconforming use.

(c)

Abandonment or cessation of use. 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 re-establishment of the use shall be prohibited. Any subsequent use of the property shall comply with all applicable provisions of this Code.

(Ord. No. 2023-08, §7)

(a)

Continuation of nonconforming structures generally. Nonconforming structures may continue, subject to the general provisions of Section 16.20.10 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 zoning 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. No. 2023-08, §7)

(a)

Unless otherwise provided in this Code, 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 Code. Such a 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 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 Code, 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 Article, 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 Code.

(Ord. No. 2023-08, §7)

(a)

Termination of legal, nonconforming signs.

(1)

The purpose of amortization is not only to provide a reasonable grace period during which the owner is permitted to continue a legal, nonconforming sign, and to recover its economic investment, but also to assure that the district in which the nonconforming sign exists will eventually benefit from a substantial uniformity of permanent and conforming signs.

(2)

A nonconforming sign shall be removed and brought into compliance with this Code upon verification that any of the following conditions have been met:

a.

The use to which such non-conforming sign refers has been abandoned for a continuous period of one hundred eighty (180) days;

b.

Such sign is damaged or destroyed, and the cost to repair, restore or replace the sign exceeds fifty percent (50%) of the cost of a new sign; or

c.

The regulation or amendment to the Code that made the sign nonconforming has been in effect for ten (10) years or more.

(b)

Extension of time to comply. The time for a sign to be brought into compliance with the requirements of this Code may be extended at the request of the sign owner or lessee. In evaluating the extension of time for a nonconforming sign, the Town shall consider the following factors to determine whether the owner of the sign has had a reasonable amount of time to recoup the initial investment:

(1)

The value of the sign at the time of construction and the length of time the sign has been in place;

(2)

The life expectancy of the physical structure and its salvage value, if any;

(3)

The amount of depreciation and/or amortization of the sign already claimed for tax or accounting purposes;

(4)

The length of the current tenant lease or expected occupancy compared to the date the sign is to be brought into compliance;

(5)

The extent to which the sign is not in compliance with this Article;

(6)

The degree to which the Town determines that the sign is consistent with this Code and its purposes; and

(7)

Whether the sign has historical or landmark significance and should, therefore, be exempt from amortization.

(c)

Maintenance, alteration, reconstruction or replacement of nonconforming signs. All legal, nonconforming signs shall be maintained in good condition, and shall not be:

(1)

Changed to another nonconforming sign;

(2)

Structurally altered;

(3)

Altered to increase the degree of nonconformity of the sign;

(4)

Expanded;

(5)

Re-established after discontinuance for ninety (90) consecutive days of the use to which the sign pertained;

(6)

Continued after a change of the use or activity to which the sign pertains; or

(7)

Re-established after damage or destruction if the estimated cost of reconstruction exceeds fifty percent (50%) of the cost of replacement.

(Ord. No. 2023-08, §7)