Within the zoning districts established by this Chapter or amendments thereto, there exist STRUCTURES, USES of land or STRUCTURES, and characteristics of USE which were lawful before zoning regulations were passed or amended, but which would be prohibited, regulated or restricted under the terms of this Chapter or future amendment. It is the intent of this Article to permit these nonconformities to continue until they are removed or abandoned, but not to encourage their survival. It is further the intent of this Article that nonconformities shall not be enlarged upon, expanded or extended, nor be used as justification for adding other STRUCTURES or USES prohibited elsewhere in the same zoning district. NONCONFORMING USES are declared by this Article to be incompatible with permitted USES in the zoning districts involved.

(Weld County Code Ordinance 2019-02)

Where at the time of passage of this Chapter, or of passage of future amendments of this Chapter, a lawful USE of land exists which would not be permitted by the regulations imposed by this Chapter or future amendment, the USE may be continued so long as it remains otherwise lawful, provided that the following conditions are met:

A.

Extension or expansion.

1.

No such NONCONFORMING USE shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption of the ordinance codified herein or amendment of this Chapter.

2.

A NONCONFORMING USE shall not be extended or enlarged after adoption of the ordinance codified herein or amendment of this Chapter by erection of additional SIGNS intended to be seen from off the premises, or by the addition of other USES which would be prohibited in the zoning district involved.

3.

No such NONCONFORMING USE 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 of the ordinance codified herein or amendment of this Chapter.

B.

Substitution of USES.

1.

A NONCONFORMING USE may as a Use by Special Review be changed to another USE which does not conform to the USES allowed in the zoning district, provided that the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the existing NONCONFORMING USE. In permitting such change, the Board of County Commissioners may require appropriate conditions and safeguards in accordance with the provisions of this Chapter.

2.

Whenever a NONCONFORMING USE is replaced by a permitted USE, the NONCONFORMING USE may not be reestablished. The permitted USE shall thereafter conform to the provisions of this Chapter.

C.

Abandonment. No NONCONFORMING USE of land shall cease so long as the property and associated STRUCTURES associated with the NONCONFORMING USE are being maintained in accordance with this Code. If any such NONCONFORMING USE of land ceases for any reason for a period of six (6) months, the NONCONFORMING USE shall cease. Any subsequent USE of such LOT or parcel shall conform to the regulations specified by this Chapter for the zoning district in which such LOT or parcel is located.

(Weld County Code Ordinance 2019-02)

Where a lawful STRUCTURE exists at the effective date of adoption of the ordinance codified herein or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, LOT COVERAGE, height, its location on the LOT or other requirements concerning the STRUCTURE, such STRUCTURE may continue to exist so long as it remains otherwise lawful, subject to the following provisions:

A.

Repair and Restoration. Should such NONCONFORMING STRUCTURE or nonconforming portion of a STRUCTURE be destroyed by any means to an extent more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be restored except in conformance with the provisions of this Chapter. Ordinary repairs the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURE may be permitted.

B.

Expansion or enlargement. No such NONCONFORMING STRUCTURE or nonconforming portion of a STRUCTURE may be expanded, enlarged or altered in a way which increases its nonconformity, except that those STRUCTURES that are nonconforming by reason of noncompliance with existing SETBACK requirements may be expanded or enlarged so long as such expansion or enlargement does not further diminish the nonconforming SETBACK. No expansion or enlargement of STRUCTURES shall be allowed within an existing RIGHT-OF-WAY.

C.

Substitution of STRUCTURES. Should such 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.

D.

Existing Building Permits. To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans or construction of any STRUCTURE on which actual construction was lawfully begun prior to the effective date of adoption of the ordinance codified herein or amendment of this Chapter and upon which actual construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing STRUCTURE has begun preparatory to construction, such excavation, demolition or removal shall be deemed to be actual construction, provided that a building permit for the new STRUCTURE has been issued and the preparatory work is carried on diligently.

E.

Refer to Section 23-4-100 for regulations on NONCONFORMING SIGNS.

(Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-16)

If a lawful USE of a STRUCTURE or STRUCTURE and premises in combination exists on the effective date of adoption of the ordinance codified herein or amendment of this Chapter that would not be allowed in the zoning district under the terms of this Chapter, the USE of such STRUCTURE or STRUCTURE and premises may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

Repair and Restoration. An existing STRUCTURE devoted to a USE not permitted by this Chapter in the zoning district in which it is located which is destroyed by any means to an extent greater than fifty percent (50%) of its replacement cost at time of destruction shall not be restored, except to gain conformance with all provisions of this Chapter. The NONCONFORMING USE shall not be reestablished after restoration. Ordinary repairs, the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURE, may be permitted.

B.

Expansion or Enlargement.

1.

A NONCONFORMING USE may be extended throughout any parts of a STRUCTURE which were manifestly arranged or designed for such USE at the time of adoption of the ordinance codified herein or amendment of this Chapter, but no such USE shall be extended to occupy any land outside such STRUCTURE.

2.

A NONCONFORMING USE shall not be extended or enlarged after adoption of the ordinance codified herein or amendment of this Chapter by erection or attachment of additional SIGNS intended to be seen off the premises, or by the addition of other USES which would be prohibited in the zoning district involved.

3.

No such NONCONFORMING USE shall be moved in whole or in part to any portion of the LOT or parcel other than that occupied by such USE on the effective date of adoption of the ordinance codified herein or amendment of this Chapter.

C.

Substitution of USES.

1.

A NONCONFORMING USE may, as a Use by Special Review, be changed to another USE which does not conform to the USES allowed in the zoning district. However, the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the existing NONCONFORMING USE. In permitting such change, the Board of County Commissioners may require appropriate conditions and safeguards in accordance with the provisions of this Chapter.

2.

Whenever a NONCONFORMING USE is replaced by a permitted USE, the NONCONFORMING USE may not be reestablished. The permitted USE shall thereafter conform to the provisions of this Chapter.

D.

Abandonment. When a NONCONFORMING USE of a STRUCTURE or STRUCTURE and premises is discontinued or abandoned for any reason for a period of one (1) year, any subsequent USE of such STRUCTURE or STRUCTURE and premises shall conform to the regulations specified by this Chapter for the zoning district in which such STRUCTURE or STRUCTURE and premises are located.

(Weld County Code Ordinance 2019-02)