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Boulder County Land Use Code <br />4-1000 iYOnconforming Structures and Uses <br />with a 30 day opportunity to abate, any failure by the Director to provide a <br />notification of a determination of termination as provided for in this Section <br />sha31 in no way entitle the property owner to continue or resume a <br />nonconforming use terminated by operation of this Section 4-1003(H). <br />4-] 004 Recognifion of Nonconforming Uses (9/4/90 <br />A. A nonconforming use maybe recognized as a conforming use if: <br />1. The use was made nonconforming pursuant to Section 4-1003(A)(1), and <br />receives special use review approval as a use of community significance <br />under Sections 4-506(1) and 4-602(E) of this Code, or <br />2. The use is nonconforming pursuant to 4-1003(A)(2), and receives special use <br />approval as a temporary use under Section 4-600(A). In addition to satisfying <br />the special use criteria of Section 4-601, such a use may receive special use <br />approval only if it meets the following requirements, to assure that these <br />nonconforming uses aze brought into conformity as quickly as justice may <br />permit: <br />a. The use is required to totally cease, or to be changed to a conforming <br />use, within a reasonable time certain as determined by the Board of <br />County Commissioners through the special use review process, not <br />to exceed 30 yeazs. <br />b. During the time certain when the use is allowed to exist as a <br />temporary special use, the property owner grants a conservation <br />easement to the County to assure that no future expansion of the use <br />or its associated structures occurs on the property beyond that <br />approved in the special use. The conservation easement will also <br />require that at the expiration of the temporary use period established <br />in subsection 4-1004(A)(2)(a), the temporary special use shall cease, <br />and the property's use and structures shall be made to conform to the <br />zoning districts requirements and in accordance with any specific <br />requirement of the special use review and conservation easement. <br />c. Approval of the use as a temporary special use will result in some <br />measurable decrease in one or more of the adverse land use impacts <br />associated in the nonconforming use (such as in traffic, noise, or <br />adverse visual impact). <br />3. The use was a legal residential use when it became nonconforming pursuant <br />to subsection 4-1003(A)(1) and receives limited impact special review use <br />approval under Section 4-600(A), and, in addition, the owner/applicant <br />agrees to permanently deed restrict the approved special use as affordable <br />housing under the adopted standazds of the BOCC based upon the <br />recommendation and policies of the Boulder County Housing Authority. <br />(!/!S/98) <br />a. No increase in density is permitted through this approval. <br />b. Minor expansions to the use may be allowed through the limited <br />impact special use process, so long as the proposed use results in <br />some measurable decrease in one or more of the adverse land use <br />impacts associated with nonconforming use (such as in traffic, noise, <br />or adverse visual impact) and so long as current County Building <br />Code requirements aze met. <br />4. The nonconforming use is changed to any other conforming use recognized <br />under this Code. <br />4-162 August 1, 2001 <br />