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Article 4: 4 -1003 Nonconforming Uses <br />E. Destruction of a Structure Containing a Nonconforming Use <br />1. A structure containing a nonconforming use shall be deemed destroyed when either greater than 50 percent <br />of its floor area, or greater than 50 percent of its actual value (as determined by the Boulder County Assessor) is <br />destroyed. <br />2. The right to continue a nonconforming use terminates immediately when the structure containing that use is <br />destroyed by an intentional act of the property or structure owner or their agent. <br />3. In all other cases, when a structure containing a nonconforming use is destroyed, the structure may be <br />restored, and the nonconforming use may be reestablished. <br />a. Restoration of the structure must be commenced within six months after the date on which the <br />nonconforming structure was destroyed and completed within one year after the date on which the <br />restoration was commenced. <br />b. These times may be extended for a reasonable period, if approved by the County Commissioners at a <br />public hearing upon a showing of extraordinary circumstances by the property owner or their agent. <br />4. The provisions of this Section 4- 1003(E) shall not apply to substantial improvements to structures in the <br />Floodplain Overlay District as provided for in Section 4 -400. <br />F. Damage to a Structure Containing a Nonconforming Use <br />1. The right to continue a nonconforming use terminates immediately when the structure containing that use is <br />damaged by an intentional act of the property or structure owner or their agent. <br />2. In all other cases, when a structure containing a nonconforming use is damaged, the structure may be restored, <br />and the nonconforming use may be reestablished. <br />a. Restoration of the structure must be commenced within six months after the date on which the nonconforming <br />structure was damaged and completed within one year after the date on which the restoration was commenced. <br />b. These times may be extended for a reasonable period, if approved by the Board of County Commissioners <br />at a public hearing upon a showing of extraordinary circumstances by the property owner or their agent. <br />3. The provisions of this Section 4 -1004 (F) shall not apply to substantial improvements to structures in the <br />Floodplain Overlay District as provided for in Section 4-400. <br />4. Restoration meeting the requirements of this provision are not required to undergo a Site Plan Review. (See <br />Article 4 -802 (B) (3)) <br />G. Abandonment of a Nonconforming Use <br />1. The right to continue a nonconforming use terminates as soon as the use is abandoned through the <br />discontinuance of the use for an uninterrupted period of six months or more, as a result of causes within the <br />control of the property owner or their agent. <br />a. Discontinuance of the use shall be a complete cessation of all activity on the property related to the use as <br />determined in relationship to the 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 terminated if it is discontinued for an entire <br />single season based upon the history and nature of the use. <br />2. Any nonconforming use may be abandoned in less than six months or a season, as applicable, if the property <br />owner expressly states an intent to 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 Enlargement or Alteration of a Nonconforming Use, Change of Use, <br />Abandonment of a Nonconforming Use, or Destruction or Damage to a Structure Containing a Nonconforming Use <br />1. In the event that the Director receives information upon which a determination is made that the right to continue <br />a nonconforming use has been or may have been terminated by operation of Section 4 -1003, the Director shall <br />provide a written notification of this determination by first class mail to the property owner, and to the parcel <br />address, all as shown on the records of the Boulder County Assessor. The property owner shall have 30 calendar <br />days after the date of the notification within which to provide evidence satisfactory to the Director to show that <br />the determination is in error, to abate the illegal enlargement or alteration, to apply for approval of a special use or <br />other applicable approval under this Code, or to file an appeal of the Director's determination to the Board of <br />County Commissioners. In 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 applicable provisions of this Article, when <br />judged in light of the history and 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 enforcement action against the unlawful <br />continuation of a nonconforming use terminated by operation of Section 4-1003 hereof, as set forth in 30-2 8-124, <br />C.R.S., as amended, and Article 17 of this code. Moreover, except in the case of an illegal enlargement or alteration <br />for which the owner shall be provided 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 shall in no way entitle the property <br />owner to continue or resume a nonconforming use terminated by operation of this Section 4- 1003(H). <br />Boulder County Land Use Code • May 3, 2011 4 -161 <br />