An ordinance and map establishing zoning districts in Yuma, 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.

(Ord. 4-1995 § 2, 1995)

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

(Ord. 4-1995 § 2, 1995)

This title is necessary, designed, and enacted for the purpose of promoting the health, safety, morals and general welfare of the present and future inhabitants of the City by lessening congestion in the streets and roads; securing safety from fire and other damages; providing adequate light and air; preventing the overcrowding 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.

(Ord. 4-1995 § 2, 1995)

This title is authorized by Colorado Revised Statutes ch. 31, art. 23, and article II, section 2.2 of the Charter of the City, and is hereby declared to be in accordance with all provisions of these statutes and this Charter.

(Ord. 4-1995 § 2, 1995)

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

A.

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

B.

This title 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 title. Further, this title 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 title 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 title.

(Ord. 4-1995 § 2, 1995; Ord. 20-1996 § 15, 1996)

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

A.

Conformity with district regulations. 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.

Meeting requirements. 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 purpose of complying with this title may be included in whole or as a part of meeting similar requirements for any other building, structure, or use;

C.

Permit required. 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 17.04 of this title;

D.

Violation. It shall be unlawful for any person to violate any of the provisions of this title. Each day that a violation of this title 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 title or any amendment thereof, the City Council, the City Attorney, or any owner of real estate within the City, 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.

(Ord. 4-1995 § 2, 1995)

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.

(Ord. 4-1995 § 2, 1995)

If any provision of this title 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 title shall remain in full force and effect.

If the application of any provision of this title 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 title or the application of any provision thereof to any other lot, building, other structure or tract of land.

(Ord. 4-1995 § 2, 1995)

Any application for an amendment, conditional use, permit, or any other application or certificate within the scope of this title shall be accompanied by a fee. The amount of the fee shall be set by the City Council.

(Ord. 20-2018, 2018)

Editor's note— Ord. 20-2018, 2018, repealed § 17.01.110, which pertained to public inspection of ordinance.

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.

(Ord. 4-1995 § 2, 1995)