(a)

A nonconforming nonresidential use may be continued; provided, however, that, if a nonconforming nonresidential use is discontinued for a period of one (1) year, regardless of intent to resume active operations, the structure or tract of land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use.

(b)

A nonconforming structure may continue to be occupied; provided, however, that, if a nonconforming structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed seventy-five percent (75%) of the actual building valuation as determined by the records of the Boulder County Assessor, it shall be restored only to a conforming structure. If a nonconforming structure is damaged less than seventy-five percent (75%) of the actual building valuation as determined by the records of the Boulder County Assessor, it may be repaired or restored, provided that any such repair or restoration is started within twelve (12) months and is completed within eighteen (18) months from the date of partial destruction.

(c)

If a nonconforming structure is moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

(d)

A nonconforming residential use in a conforming structure that has been damaged or destroyed in excess of seventy-five percent (75%) of its actual building valuation, as determined by the records of the Boulder County Assessor, may be continued if the structure is repaired or restored under the following conditions:

(1)

The damage or destruction was not caused directly or indirectly by an intentional act of the owner of the property or the structure or any agent or representative of such owner as determined by the appropriate governmental agency; and

(2)

Restoration of the structure is commenced within six (6) months after the date on which the structure was destroyed and completed within eighteen (18) months after the date on which the restoration was commenced.

(Ord. 209 Art. VI §1, 1981; Ord. 382 §10, 1994; Ord. 455 §2, 1997; Ord. 709 §1, 2012)

A nonconforming use may be changed only to a conforming use.

(Ord. 209 Art. VI §2, 1981; Ord. 455 §3, 1997; Ord. 709 §1, 2012)

(a)

A nonconforming use shall not be expanded unless the expanded use conforms with the provisions of this Chapter.

(b)

A nonconforming structure may be altered or expanded provided that all new construction is compliant with this Chapter and the provisions of Chapter 18 of this Code.

(c)

A nonconforming use shall not be extended throughout any part of a building which was arranged or designed for such use prior to the enactment of this Chapter.

(d)

If a nonconforming use ceases for a period of twelve (12) months, such use shall not thereafter be reestablished and future use shall be in conformity with the provisions of the current zoning regulations. Single-family residential units in all zoning districts are exempt from this provision when used as a residence only.

(e)

The hours of operation, lighting, traffic flows, parking lighting, noise and similar characteristics of a nonconforming use shall not be altered to adversely impact adjacent properties.

(Ord. 209 Art. VI §3, 1981; Ord. 382 §11, 1994; Ord. 709 §1, 2012)

(a)

In any district, principal and customary accessory buildings may be erected on any legally existing single lot of record which existed prior to the effective date of the ordinance codified herein. 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 requirements of the district for minimum yard dimensions shall be met unless a variance to said requirements has been granted by the Board of Zoning Adjustment.

(b)

If two (2) or more legally existing lots, or combinations of legally existing lots and portions of lots with continuous frontage in single ownership, are of record prior to the effective date of the ordinance codified herein, and part or all of said lots do not meet the requirements of the district in which they are located as to area, width or both minimum area and width, for the purposes of this Chapter, the lands shall be considered to be an undivided parcel. No portion of said parcel shall be sold or used in a manner which diminishes compliance with the lot width and area requirements established by this Chapter unless a variance permitting such lots to be considered and regulated as nonconforming lots of record in separate ownership is granted by the Board of Zoning Adjustment.

(c)

Provisions of Subsection (b) above shall not apply to lots in the Mountain Residential (MR) Zoning District, provided that each lot which is created by the nonapplication of said Section is at least twenty thousand (20,000) square feet in area.

(Ord. 209 Art. VI §4, 1981; Ord. 288 §1, 1988; Ord. 709 §1, 2012)

(a)

A conforming structure existing on a nonconforming lot may continue to be occupied; provided, however, that if a nonconforming structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed seventy-five percent (75%) of the actual building valuation as determined by the records of the Boulder County Assessor, it may be repaired or restored under the following conditions:

(1)

The damage or destruction was not caused directly or indirectly by an intentional act of the owner of the property or the structure or any agent or representative of such owner as determined by the appropriate governmental agency;

(2)

Restoration of the structure is commenced within six (6) months after the date on which the structure was destroyed and completed within eighteen (18) months after the date on which the restoration was commenced; and

(3)

A building permit is obtained for the work to be performed, and all work is performed in accordance with all applicable ordinances, rules, regulations and laws.

(b)

A structure on a nonconforming lot may be altered or expanded provided that all new construction is compliant with this Chapter and the provisions of Chapter 18 of this Code.

(Ord. 455 §4, 1997; Ord. 709 §1, 2012)