GENERAL56063

• Permit No: M1977208
• IBM Index Class Name: General Documents
• Doc Date: 10/16/2002
• Doc Name: Boulder County Land Use Dept Nonconforming use
• From: CEMEX
• To: DMG
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

ARTICLE 4
ZONING
4-1000 Nonconforming Structures and Uses
2. a final administrative or judicial decision precluding the County from
enforcing this Code specific to a use on the basis of estoppel, lathes, or
waiver.
a. Uses aze not considered nonconforming due to inadequate parking.
b. Uses which fall within Section 4-1003 (A) (2), above shall not be
eligible to apply for a special use perntit for a use of community
significance (Section 4-506 (J)).
B. Except as otherwise provided in this Section, a nonconforming use may be continued
and normal or routine maintenance of a structure containing a nonconforming use shall
be permitted. Norma] or routine maintenance shall include any maintenance or repair
which does not impermissibly enlazge or alter the structure containing a
nonconforming use under Section 4-1003(C), below.
C. Enlargement or Alteration of a Nonconforming Use
1. The right to continue a nonconforming use terminates immediately when the
nonconforming use is enlazged, expanded, extended, or altered in any of the
following ways, and the property owner does not successfully pursue any of
the options specified in Section 4-1003 (H) within 30 calendar days after the
Director provides written notification of an alleged illegal enlazgement or
alteration to the owner.
a. Addition of a new structure containing or accessory to the
nonconfotnting use;
b. Enlargement or alteration of a structure containing or accessory to
the nonconforming use, including but not necessarily limited to an
increase in floor azea, an increase in height, or any other alteration or
improvement in excess of normal or routine maintenance of the
structure;
c. Enlargement or alteration in the land azea occupied by the
nonconforming use, unless the basic nature of the use, at the time it
became nonconforming, cleazly indicated or contemplated such an
increase or alteration; or
d. Any other enlargement or alteration o£the nonconforming use which
has the effector threatened effect of creating a hazard or nuisance on
or off the property, of adversely affecting the character of the
neighborhood, or of intensifying the use of the land or its need for
services.
e. Removal or replacement of any structural member in a use for which
the County is precluded from enforcing this Code specific to use on
the basis of estoppel, lathes, or waiver.
2. An impemtissible enlargement or alteration shall not include the following:
a. a change of ownership of the property;
b. an alteration or expansion which the Building Official determines is
necessary to rectify a hazardous health or safety situation or to
comply with the public health or safety requirements of another
governmental entity having lawful jurisdiction over the structure;
c. an extension of the nonconforming use within the stmcture
containing the use, provided that such extension is not accompanied
by an alteration of the structure falling within category (b), above;
d. the addition of a solaz energy device to a structure containing a
nonconforning use; or
August 1, 2001 4-159