An Ordinance and map establishing zoning districts in Sterling, Colorado, regulating the location, height, bulk and size of buildings and other structures; the percentage of lot which may be occupied; the size of lots, courts and other open space; the density and distribution of population; and the location and use of land for residential, trade, industrial, recreational or other purposes.

For the purpose of brevity, this Ordinance and map shall be known as the Zoning Ordinance of Sterling and may be so cited and pleaded.

This Ordinance is necessary, designed, and enacted for the purpose of promoting the health, safety, morals and general welfare of the present and future inhabitants of Sterling, Colorado, by lessening congestion in the streets and roads; securing safety from fire and other damages; providing adequate light and air; preventing the over-crowding of land; avoiding undue concentration of population; facilitating the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; fostering the City's industries; and protecting urban and rural development.

The City of Sterling Zoning Ordinance is authorized by Article 23, Chapter 31, of the Colorado Revised Statutes, and Article 8, Section 8-3 of the Charter of the City of Sterling, Colorado, and is hereby declared to be in accordance with all provisions of these Statutes and this Charter.

This Ordinance applies within the territorial jurisdiction of the City of Sterling as now and hereinafter established, according to the following conditions:

A.

The provisions of this Ordinance shall be uniformly interpreted and applied as the minimum requirements for the protection of the public health, morals, safety, and general welfare;

B.

This Ordinance does not repeal, abrogate, annul, or in any way impair or interfere with any building permit, certificate of occupancy, variance, or other lawful permit issued and in full force and effect on the effective date of this Ordinance. Further, this Ordinance shall not affect any lawfully created easement, covenant, or private agreement;

C.

Any approved site plan and attendant terms, covenants, and conditions applicable to such plans as of the effective date of this Ordinance shall continue to apply and control the use or occupation of such land. However, any proposed change or modification in the use or occupation of such land or in the approved site plan shall be made in accordance with the standards and procedures of this Ordinance.

Except as provided for in this Ordinance, the following provisions shall apply:

A.

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, constructed, moved, or altered except in conformity with all the regulations applicable to the district in which it is to be located; nor shall a yard, lot, parcel, or open space be reduced in dimensions or area to an amount less than the minimum requirements of the applicable districts herein set forth;

B.

No part of a lot area, open space, off-street parking area, parcel, or yard required by or in connection with any building, structure, or use for the purposes of complying with this Ordinance may be included in whole or as a part of meeting similar requirements for any other building, structure, or use;

C.

An approved zoning compliance permit must be presented at the time a building permit is requested in order to verify that the minimum bulk, use, and dimensional requirements of the district in which the building permit is sought are being met. The listing of uses allowed and regulations governing the various districts established herein may be amended by the City Council pursuant to Chapter IV of this Ordinance;

D.

It shall be unlawful for any person to violate any of the provisions of this Ordinance. Each day that a violation of the Ordinance continues shall constitute a separate and distinct offense and shall be unlawful and punishable as such;

E.

Legal Action. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used or any land is proposed to be used in violation of any provision of this Ordinance or any amendment thereof, the City Council of the City of Sterling, the City Attorney in and for the City of Sterling, or any owner of real estate within the City of Sterling, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

Whenever these requirements are at variance with the requirements of any other legally adopted rules, regulations, statutes, resolutions, or ordinances covering any of the same subject matter, the one which is the most restrictive or which requires higher standards shall apply.

If any provision of this Ordinance is declared to be invalid by a decision of any court of competent jurisdiction, the effect of such decision shall be limited to that provision or provisions which are expressly stated to be invalid. All other provisions of this Ordinance shall remain in full force and effect.

If the application of any provision of this Ordinance to any lot, building, other structure or tract of land is declared to be invalid by a decision of any court of competent jurisdiction, the effect of such decision shall be limited to that lot, building, other structure or tract of land immediately involved in the action or proceeding in which the judgment or decree of invalidity was rendered. Such decision shall not affect, impair, or nullify this Ordinance or the application of any provision thereof to any other lot, building, other structure or tract of land.

Any application for an amendment, variance, conditional use, permit, or any other application or certificate within the scope of this Ordinance, shall be accompanied by a fee. The amount of the fee shall be set by the City Council upon the recommendation of the Public Works Department, and shall bear a reasonable relationship to the costs involved. A fee schedule may be found in the Public Works Department.

This Ordinance, its amendments and regulations, and the Sterling Zoning Map shall be on file and available for public inspection in the Department of Public Works. Copies of the above will be available for purchase by the general public at the cost of printing.

All ordinances or other codes of the City inconsistent herewith to the extent of the inconsistency and no further, are hereby repealed. The repeal of the above mentioned ordinances or codes does not revive any other ordinance or code. Such repeals shall not affect or prevent the prosecution and punishment of any person for violation of any ordinance or code repealed hereby, for any offense committed prior to the repeal.

A.

Public notices. Whenever a published notice of a public hearing is required under any provisions of this Zoning Ordinance of Sterling, such publication shall be a legal notice in a newspaper of general circulation at least seven (7) days before the public hearing, stating the purpose of the public hearing; the name of the applicant; the address of the subject property; and the date, time and place of the hearing.

B.

Written notices. Whenever, under any provision of this Zoning Ordinance of Sterling, written notices of public hearing are required, such notices shall be sent to property owners and occupants of property within three hundred (300) feet of the subject property; the three hundred (300) feet shall be measured from the closest point of the subject property to, and to include, all properties within such three hundred (300) feet. Such property owners' names and addresses shall be those available first from city utility records and second, if not available from city utility records, those available from other public records. Occupant notices shall be addressed to "occupant" and mailed to addresses available from city utility records. All written notices required under any provision of this Zoning Ordinance of Sterling shall be by first class mail, postage prepaid, at least seven (7) days prior to the date of the public hearing, and shall state the purpose of the public hearing; the name of the applicant; the address of the subject property; and the date, time and place of the hearing. Failure to mail such written notice to every property owner and occupant within three hundred (300) feet of the subject property shall not affect the validity of any proceeding under this Zoning Ordinance of Sterling before the Planning Commission, the Board of Adjustment or City Council.

(Ord. No. 13-1993, 9-28-93, eff. 10-8-93)