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Article 4: 4 -1003 Nonconforming Uses <br />4 -1003 Nonconforming Uses <br />A. A nonconforming use is any existing use which does not conform to the use regulations of this Code for the zoning <br />district in which such nonconforming use is located, as a result of either <br />1. the adoption or amendment of this Code, or <br />2. a final administrative or judicial decision precluding the County from enforcing this Code specific to a use on <br />the basis of estoppel, laches, or waiver. <br />a. Uses are not considered nonconforming due to inadequate parking. <br />b. Uses which fall within Section 4 -1003 (A) (2), above shall not be eligible to apply for a special use permit for <br />a use of community significance (Section 4 -506 (H)). <br />B. Except as otherwise provided in this Section, a nonconforming use may be continued and normal or routine <br />maintenance of a structure containing a nonconforming use shall be permitted. Normal or routine maintenance <br />shall include any maintenance or repair which does not impermissibly enlarge or alter the structure containing a <br />nonconforming use under Section 4- 1003(C), below. <br />C. Enlargement or Alteration of a Nonconforming Use <br />1. The right to continue a nonconforming use terminates immediately when the nonconforming use is enlarged, <br />expanded, extended, or altered in any of the following ways, and the property owner does not successfully <br />pursue any of the options specified in Section 4-1003 (H) within 30 calendar days after the Director provides <br />written notification of an alleged illegal enlargement or alteration to the owner. <br />a. Addition of a new structure containing or accessory to the nonconforming use; <br />b. Enlargement or alteration of a structure containing or accessory to the nonconforming use, including but <br />not necessarily limited to an increase in floor area, an increase in height, or any other alteration or <br />improvement in excess of normal or routine maintenance of the structure; <br />c. Enlargement or alteration in the land area occupied by the nonconforming use, unless the basic nature of <br />the use, at the time it became nonconforming, clearly indicated or contemplated such an increase or <br />alteration; or <br />d. Any other enlargement or alteration of the nonconforming use which has the effect or threatened effect of <br />creating a hazard or nuisance on or off the property, of adversely affecting the character of the <br />neighborhood, or of intensifying the use of the land or its need for services. <br />e. Removal or replacement of any structural member in a use for which the County is precluded from <br />enforcing this Code specific to use on the basis of estoppel, laches, or waiver. <br />2. An impermissible enlargement or alteration shall not include the following: <br />a. a change of ownership of the property; <br />b. an alteration or expansion which the Building Official determines is necessary to rectify a hazardous health <br />or safety situation or to comply with the public health or safety requirements of another governmental <br />entity having lawful jurisdiction over the structure; <br />c. an extension of the nonconforming use within the structure containing the use, provided that such <br />extension is not accompanied by an alteration of the structure falling within category (b), above; <br />d. the addition of a solar energy device to a structure containing a nonconforming use; or <br />e. any replacement or upgrading of outmoded or worn equipment or supplies, provided that such activity <br />does not fall within category Section 4- 1003(C)(i)(d), above. <br />3. Owners of legal building lots containing agricultural uses which have become nonconforming as a result of <br />adoption or amendment of this Code, may restore, modify, and maintain existing conforming structures, and <br />may construct new conforming structures, provided such structures are directly related to the agricultural use, <br />and provided the use is not enlarged or altered in any other way. <br />D. Change of a Nonconforming Use <br />1. A nonconforming use may be changed only to a use which is conforming in the zoning district in which the use <br />is located. <br />2. Any change of a nonconforming use to any other use shall operate immediately to terminate the right to <br />continue the nonconforming use. Thereafter, the property shall be used only in conformity with the use <br />provisions of its zoning district. <br />4 -160 Boulder County Land Use Code • May 3, 2011 <br />