Still Allowed or No Longer Legal? Understanding Grandfathered Zoning Uses in Colorado

Still Allowed or No Longer Legal? Understanding Grandfathered Zoning Uses in Colorado

• If you're buying or selling property in Douglas County or Elbert County, you may come across a term that raises questions:
• 👉 “Grandfathered use” (also called a legal non-conforming use)
• This can be a huge advantage—or a hidden risk—depending on the situation.
• Here’s what you need to know.

What Is a Grandfathered Zoning Use?

A grandfathered use means:

• 👉 A property is allowed to continue being used in a way that does NOT meet current zoning laws, because it was legal when it was originally established.

In simple terms:

• The rules changed
• But your property is “grandfathered in” under the old rules

Common Examples in Douglas & Elbert County

• You’ll often see grandfathered uses in rural areas like Elbert County, and occasionally in older areas of Douglas County.

Examples include:

• A home on a parcel smaller than current minimum lot size
• Agricultural use in an area now zoned residential
• A workshop or business operating where it wouldn’t be allowed today
• Older structures built before current setback requirements

Why Grandfathered Uses Matter

• This can impact both buyers and sellers in a big way.

For Buyers:

• You may gain flexibility that new zoning doesn’t allow
• You may be able to use the property in a unique way

For Sellers:

• It can make your property more valuable (in some cases)
• It can attract niche buyers

The BIG Catch (Most People Miss This)

• 👉 You can lose grandfathered status.
• This is where things get serious.

You may lose the status if:

1. The Use Stops

• If the property is not used in that way for a certain period of time, the right may expire.

2. The Property Is Modified

• Major renovations or changes can trigger current zoning rules.

3. The Structure Is Destroyed

• If a building is damaged or removed, you may not be allowed to rebuild under the same use.

4. Ownership Changes (in some cases)

• While not always the case, certain uses may be challenged or reviewed when ownership transfers.

Douglas County vs Elbert County Differences

Douglas County

• More strict zoning enforcement
• Higher likelihood of restrictions being applied
• Less tolerance for non-conforming uses

Elbert County

• More rural flexibility
• More properties with grandfathered uses
• Greater opportunity—but still requires verification

How to Verify a Grandfathered Use

• Never assume.

Before buying a property, you should:

• Contact the county planning department
• Review zoning records
• Confirm legal non-conforming status in writing
• Check for any time limitations or restrictions

This protects you from losing the use after closing.

How This Impacts Property Value

Grandfathered uses can:

• ✔ Increase value (if they allow rare uses)
• ✔ Decrease value (if uncertain or at risk)
• ✔ Limit financing in some cases

Lenders and appraisers may scrutinize these properties more closely.

Common Buyer Mistakes

• Assuming the use is permanent
• Not verifying with the county
• Planning renovations without checking rules

Buying based on use that may not continue

• These mistakes can be costly.
• Grandfathered zoning uses in Colorado can be a major benefit—but they come with risk.
• 👉 You may be allowed to use a property in a way that’s no longer permitted
• 👉 But that right can be lost if not handled correctly
• If you're buying or selling in Douglas or Elbert County, understanding zoning—and verifying everything upfront—is critical.

If you have questions about zoning, land use, grandfathered properties, or buying acreage in Douglas or Elbert County, I’m happy to walk through the full picture so you can make a confident decision.

Marjorie Engle – Realtor

📞 303-881-2707

🌐 www.marjorieengle.com