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ARTICLE 4 <br />ZONING <br />4-1000 Nonconforming Structures and Uses <br />b. These times may be extended for a reasonable period, if approved by <br />the Board of County Commissioners at a public hearing upon a <br />showing of extraordinazy circumstances by the property owner or <br />their agent. <br />3. The provisions of this Section 4-1004 (F) shall not apply to substantial <br />improvements to structures in the Floodplain Overlay District as provided for <br />in Section 4-400. <br />4. Restoration meeting the requirements of this provision aze not required to <br />undergo a Site Plan Review. (See Articie 4-803 B)(7/2/98) <br />G. Abandonment of a Nonconforming Use <br />1. The right to continue a nonconforming use temtinates as soon as the use is <br />abandoned through the discontinuance of the use for an uninterrupted period <br />of six months or more, as a result of causes within the control of the property <br />owner or their agent. <br />a. Discontinuarrce of the use shall be a complete cessation of all activity <br />on the property related to the use as determined in relationship to the <br />nature and history of the nonconforming use, based upon available <br />public information on the use. <br />b. If the nonconforming use is a seasonal use, the use shall be <br />terminated if it is discontinued for an enflre single season based upon <br />the history and nature of the use. <br />2. Any nonconforming use may be abandoned in less than six months or a <br />season, as applicable, if the property owner expressly states an intent to <br />abandon the use, or engages in action which unambiguously expresses an <br />intent to abandon. <br />H. Notice of Termination in the Event of Unlawful Enlazgement or Alteration of a <br />Nonconforming Use, Change of Use, Abandonment of a Nonconfornung Use, or <br />Destruction or Damage to a Structure Containing a Nonconforming Use <br />1. In the event that the Director receives information upon which a <br />determination is made that the right to continue a nonconforming use has <br />been or may have been terminated by operation of Section 4-1003, the <br />Director shall provide a written notification of this determination by first <br />class mail to the property owner, and to the pazcel address, all as shown on <br />the records of the Boulder County Assessor. The property owner shall have <br />30 calendaz days after the date of the notification within which to provide <br />evidence satisfactory to the Director to show that the determination is in <br />error, to abate the illegal enlargement or alteration, to apply for approval of a <br />special use or other applicable approval under this Code, or to file an appeal <br />of the Director's determination to the Boazd of County Commissioners. in <br />any appeal, the property owner shall have the burden to show that the right to <br />continue the nonconforming use was not terminated according to the <br />applicable provisions of this Article, when judged in light of the history and <br />nature of the use and the circumstances of the alleged termination. <br />2. Nothing in this Section shall alter or diminish the Director's right to take <br />enforcement action against the unlawful continuation of a nonconforming use <br />terminated by operation of Section 4-1003 hereof, as set forth in 30-28-124, <br />C.R.S., as amended, and Article 17 ofthis code. Moreover, except in the case <br />of an illegal enlargement or alteration for which the owner shall be provided <br />August 1, 2001 4-161 <br />