Nonconforming Rights

A nonconforming use is an established activity which lawfully existed at the time of the enactment of a zoning regulation which would not permit the activity anymore.

Application

1.  Submit a Nonconforming Rights application.

2.  Submit evidence that:

a. The use lawfully existed on the property prior to adoption, or amendment, of the zoning regulation that makes the use nonconforming,
b. The use existed continuously on the property since the time it became nonconforming, without an interruption of more than 12 consecutive months, and
c. The use has not been expanded, or relocated, on the property since the adoption of the zoning regulation that makes it nonconforming.

                                                                   

Staff Determination

Planning & Design Services staff will make one of the following three decisions based on your application:

1.  The nonconforming use rights have been established for the property. If this is the conclusion, the property owner, or prospective property owner, is advised that any changes made to the use or structure will result in a loss of nonconforming status. Any interested party can appeal the staff determination to the Board of Zoning Adjustment (BOZA). If staff concludes nonconforming rights exist, the department will issue a statement outlining the nonconforming rights. This statement must be recorded in the chain of title in the Jefferson County Clerk’s Office to put others on notice of the establishment of nonconforming use.

2.  The nonconforming use rights have not been established for the property. If this is the conclusion, the property owner, or prospective property owner, can appeal to BOZA.

3.  No conclusion has been reached because of insufficient, or conflicting, evidence. If this is the case, the property owner, or prospective property owner, can provide additional documentation, or appeal the determination to BOZA.

                                                                  

BOZA Appeal (optional)

1.  If you choose to appeal a staff determination to BOZA, follow the procedures detailed here.