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 title 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. 4-1995 § 2, 1995)

A nonconforming use, structure, or lot may continue, if legally in existence on July 24, 1995, subject to other provisions in this chapter.

(Ord. 4-1995 § 2, 1995)

Once changed to a conforming condition, no structure or lot shall be reverted to a nonconforming condition.

(Ord. 4-1995 § 2, 1995; Ord. 7-1997 § 9, 1997)

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. 4-1995 § 2, 1995)

Nonconforming uses, structures and lots must be registered with the City by the property owner and a zoning compliance permit, listing such nonconformity as legal, shall be issued by the City following inspection of such registered nonconformity and such other nonconformity as may be found upon inspection by the City.

(Ord. 4-1995 § 2, 1995; Ord. 20-2018, 2018)

If a nonconforming use is discontinued for a period exceeding six months, the nonconforming use shall not be reestablished nor shall it be replaced by another nonconforming use unless as approved under section 17.09.906.4 of this chapter.

(Ord. 4-1995 § 2, 1995)

Nonconforming uses shall not be changed to other nonconforming uses, unless as approved under section 17.09.906.4 of this chapter.

(Ord. 4-1995 § 2, 1995)

Nonconforming uses may be expanded within a structure or lot after approval by the City Council by resolution, provided City Council has determined, subsequent to a public hearing, 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 City Council shall consider one or more of the following in making its determination:

1.

Compatibility with surrounding areas.

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.

C.

The existence of the nonconforming use has not had, and proposed expansion or increase will not have, an adverse or incompatible effect of 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.

Notices of the hearing shall be sent to all property owners whose property adjoins the proposed reestablishment, change or expansion of nonconforming use. Notice of the said hearing shall be published in a newspaper of general circulation within Yuma, at least four days prior to the hearing date.

(Ord. 4-1995 § 2, 1995; Ord. 7-1997 § 11, 1997; Ord. 2-2019, 2019)

Nonconforming uses may be reestablished after abandonment as stated in section 17.09.906.1 of this chapter or may be replaced with another nonconforming use after approval of the City Council by resolution, provided the Council has determined subsequent to a public hearing 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 it 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 title and the comprehensive master plan.

G.

The proposed nonconforming use will serve to protect the best interests of the City 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.

Notices of the hearing shall be sent to all property owners whose property adjoins the proposed reestablishment, change or expansion of nonconforming use. Notice of said hearing shall be published in a newspaper of general circulation within Yuma, at least four days prior to the hearing date.

(Ord. 4-1995 § 2, 1995; Ord. 7-1997 § 12, 1997; Ord. 2-2019, 2019)

Application for expansion under section 17.09.906.3 of this chapter or reestablishment or replacement under section 17.09.906.4 of this chapter, all of nonconforming uses, shall be filed with the City, along with appropriate fees, as determined by resolution of City Council.

(Ord. 20-2018, 2018)

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 section 17.09.907.2 of this chapter.

(Ord. 4-1995 § 2, 1995)

Nonconforming structures may be expanded or altered after review and approval of the City Manager 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. 4-1995 § 2, 1995; Ord. 20-2018, 2018)

A.

Nonconforming lots which are vacant may be used after review and approval of the City Manager provided the following situations are met:

1.

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

2.

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

3.

The use proposed complies, as nearly as possible, with the bulk, setback, and the 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;

4.

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

5.

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

B.

Lots which are nonconforming because they have two or more principal structures (including parts of a specific structure) in a single lot for residential use may be altered in dimensions by virtue of a subdivision provided the following situations are met:

1.

The alteration is for the sole purpose of creating additional lots so that no single lot contains more than one principal residential structure.

2.

Each principal residential structure has independent access to municipal utilities.

3.

The new lots and residential structures within the new lots comply, as nearly as possible, with the bulk, setback, and the 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.

4.

All new structures proposed on the property must strictly comply with the rules and regulations of the City of Yuma, Colorado.

5.

The residential use proposed on the lot conforms to the uses allowed by this title within the district in which the lot is located.

6.

In the event the newly proposed lots create a situation where the lot size, or setback limitations of the existing structures fail to comply with section 17.04.403 of this title, the lot owner must seek approval of the proposed alternative lot size, and/or setback limitations from the City Council. The City Council may give approval; provided: a) the circumstances giving rise to two or more principal residential structures occurred prior to July 24, 1995; and b) the City Council finds the proposed alternative lot size, and/or setback limitations will have no adverse effect on community services, neighborhood, and surrounding areas. Under no circumstances may the landowner build additional structures which do not meet the requirements of section 17.04.403 of this title.

(Ord. 4-1995 § 2, 1995; Ord. 1-2000 § 1, 2000; Ord. 5-2008 § 1, 2008; Ord. 20-2018, 2018; Ord. 2-2019, 2019)