Certain existing uses of lots or structures and locations of such uses, or sizes and dimensional requirements of lots and structures, may not be in conformance with the provisions and requirements of this ordinance or subsequent amendments.

This chapter recognizes these situations, permits the restricted use and maintenance of such nonconformities, and offers provisions for their possible replacement, expansion, and alteration.

(Ord. No. 27-1991, 12-23-91, eff. 12-27-91)

A nonconforming use, structure, or lot may continue, if legally in existence on April 10, 1989, subject to other provisions in this Chapter.

(Ord. No. 27-1991, 12-23-91, eff. 12-27-91)

Once changed to a conforming condition, no use, structure or lot thereof shall be reverted to a nonconforming condition, except when a residential use in either zoning district MS, NB, CB or CBD was in existence at any time prior to the initial effective date of this Appendix A, Zoning (namely April 10, 1989), and the residential use was changed to conform to a use (whether by right or by conditional use) in such zoning district and the present owner makes application under Section 1107.5. Application for review for re-establishment under Section 1107.4.

(Ord. No. 27-1991, 12-23-91, eff. 12-27-91; Ord. No. 31-1994, 1-10-95; Ord. No. 14-2002, 3-12-02, eff. 3-22-02)

Whenever a nonconforming use, structure or lot is transferred or sold to a new owner, the existing nonconformity may be utilized by the new owner.

(Ord. No. 27-1991, 12-23-91, eff. 12-27-91)

Nonconforming uses, structures and lots must be registered with the Public Works Department by the property owner and a Zoning Compliance Permit, listing such nonconformity as legal, shall be issued by the Public Works Department following inspection of such registered nonconformity and such other nonconformity as may be found upon inspection by the Public Works Department.

(Ord. No. 27-1991, 12-23-91, eff. 12-27-91)

Nothing in this chapter pertaining to nonconforming uses, structures, and lots shall be construed or applied so as to require termination, discontinuance or removal, or in any other way affect an approved PUD which is or has been developed in accordance with approved plans.

(Ord. No. 27-1991, 12-23-91, eff. 12-27-91)

1107.1. Abandonment: If a nonconforming use is discontinued for a period exceeding twelve (12) months, the nonconforming use shall not be reestablished nor shall it be replaced by another nonconforming use unless as approved under section 1107.4 of this chapter.

1107.2. Change in use: Nonconforming uses shall not be changed to other nonconforming uses, unless as approved under section 1107.4 of this chapter.

1107.3. Expansion: Nonconforming uses may be expanded within a structure or lot after recommendation by the Planning Commission and approved by the City Council by resolution, provided the Planning Commission has determined that:

A.

The increase or expansion is confined to the same structure and/or lot and does not encroach upon any other structure or lot subsequently added to the original; or

B.

If the proposed increase or expansion will not be confined to the same structure or lot, the Planning Commission shall consider one or more of the following in making its determination:

1.

Compatibility with surrounding area.

2.

Harmony with the character of the area.

3.

Its effect upon the immediate area.

4.

Its effect on the future development of the area.

5.

The health, safety and welfare of the inhabitants of the area and of the City of Sterling.

C.

Off-street parking is provided which meets the requirements of Chapter VIII of this ordinance [appendix].

D.

The existence of the nonconforming use has not had, and proposed expansion or increase will not have, an adverse or incompatible effect or impact on abutting properties and the neighborhood (i.e., visual, noise, or air pollution, traffic volumes and on-street parking, and does not change the existing character and purpose of the district within which located).

1107.4. Reestablishment and replacement: Nonconforming uses may be reestablished after abandonment as stated in section 1107.1 or may be replaced with another nonconforming use after recommendation by the Planning Commission and approval of the City Council by resolution, provided the Planning Commission has determined that:

A.

The proposed nonconforming use which replaces an existing nonconforming use is more compatible with the zoning district in which it is located than the existing nonconforming use.

B.

The proposed nonconforming use will not substantially injure or detract from the use of neighboring property, or from the character of the neighborhood.

C.

The proposed nonconforming use will not have an adverse effect upon the future development of the area.

D.

There are adequate and available public utilities and services for the proposed nonconforming use and will facilitate logical, efficient and economic extensions of public services and facilities.

E.

The proposed nonconforming use will have no potential for environmental or objectionable impacts.

F.

The proposed nonconforming use is in compliance with the intent and purpose of this ordinance and the comprehensive Master Plan.

G.

The proposed nonconforming use will serve to protect the best interests of the City of Sterling and the health, safety, and welfare of the public.

H.

The proposed nonconforming use will not create any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

I.

Off-street parking is provided which meets the requirements of Chapter VIII of this ordinance [appendix].

1107.5. Application: Application for expansion under [Section] 1107.3 or reestablishment or replacement under [Section] 1107.4, both above of this chapter, all of nonconforming uses, shall be filed with the Public Works Department on such forms as shall be required by the Planning Commission, along with appropriate fees, as determined by resolution of City Council. Fee schedules may be found in the Public Works Department.

(Ord. No. 27-1991, 12-23-91, eff. 12-27-91)

1108.1. Repairs and maintenance: Repairs and maintenance to nonconforming structures may be made or required by the City which would reduce the degree of nonconformity. Any other proposals which would expand or alter the structure shall comply with Sec. 1108.2 of this chapter.

1108.2. Expansion or alteration: Nonconforming structures may be expanded or altered after review and approval of the Public Works Director provided the expansion or alteration does not increase the extent of the nonconformity existing and remains within the other minimum requirements of the district within which it is located.

(Ord. No. 27-1991, 12-23-91, eff. 12-27-91)

Nonconforming lots which are vacant may be used after review and approval of the Public Works Director provided the following situations are met:

A.

Nonconforming lots can be shown to have been legally created and all the owners of interest certify that the use proposed has their authorization;

B.

The use proposed on the lot conforms to the uses allowed by the ordinance within the district in which the lot is located;

C.

The use proposed complies, as nearly as possible, with the bulk, setback, and dimensional requirements of the district within which it is located, or the setbacks in feet from the front, side, and rear yard are equal in proportion to the setbacks required on a conforming lot in the same district or are consistent with existing historic setbacks of adjacent land uses;

D.

The use proposed can be served by public water, sewer and utilities; and

E.

The Fire Department, after reviewing the proposed use, approves the use to be in accordance with the Uniform Fire Code Standards.

(Ord. No. 27-1991, 12-23-91, eff. 12-27-91)