§ 154-02.04 Design and Historic Review Commission (DHRC).

(1) Charter reference. Power to regulate land use for the public benefit, see Charter Art. III, § 12 and to engage in intergovernmental agreements, see Charter Art. III, § 13.

(2) Statutory reference. Municipal planning, see A.R.S. §§ 9-461 et seq. and open space preservation, see A.R.S. §§ 9-464 et seq.

('80 Code, § 23-16) (Ord. 766, passed 1-20-1959)

(B) Responsibilities. The Planning and Zoning Commission shall be responsible for:

(1) Identifying and evaluating the unique factors influencing the character and location of development within the City;

(2) Recommending to the City Council desirable standards for guiding the development and rehabilitation of various sections of the community; and,

(3) Recommending to the City Council standards for adequate public services and facilities throughout the City.

('80 Code, § 23-29) (Ord. 766, passed 1-20-1959; Ord. O2015-023, passed 4-15-2015)

(1) Review long term City planning documents and recommend to the City Council that the City adopt or amend the City Council approved General Plan;

(2) Recommend to the City Council subdivision platting rules and regulations and amendments thereto;

(3) Recommend to the City Council the adoption or amendment of zoning regulations consistent with the General Plan;

(4) Recommend to the City Council an official zoning map of the City and amendments thereto consistent with the General Plan; and,

(5) Review and evaluate proposed redevelopment plans for conformity with the General Plan and recommend to the City Council adoption of redevelopment plans consistent with the General Plan.

('80 Code, § 23-30) (Ord. 766, passed 1-20-1959; Ord. O2015-023, passed 4-15-2015)

(D) Powers. The Planning and Zoning Commission shall be responsible to and act as an advisory body to the City Council on City planning and development matters. In the performance of its functions and duties the Planning and Zoning Commission shall have power to:

(1) Require information which shall be furnished within a reasonable time from other city departments and agencies in relation to its work; and,

(2) Exercise such additional powers as may be necessary to perform tasks assigned to it by the City Council.

('80 Code, § 23-31) (Ord. 766, passed 1-20-1959; Ord. O2015-023, passed 4-15-2015)

(E) Composition. The Planning and Zoning Commission shall consist of seven members, who shall be electors and real property owners of the city, who shall be appointed by the Council.

('80 Code, § 23-17, § 23-18, § 23-19) (Ord. 929, passed 3-4-1964; Ord. 766, passed 1-20-1959; Ord. 1796, passed 12-6-1978)

(F) Terms of members. The term of office of the members of the Commission shall be for five years. Any member whose term expires shall be eligible for reappointment to another five-year term. If a vacancy on the Planning and Zoning Commission occurs other than by an expiration of term, it shall be filled by appointment for the unexpired term. Such appointment shall be made by the Council. Beginning July 1, 2011, all terms will expire on December 31.

('80 Code, § 23-21) (Ord. 929, passed 3-4-1964)

(G) Organization.

(1) Officers. The Commission each January shall elect a Chairperson and Vice Chairperson from among the appointive members. The Planning Director shall serve the Commission as executive secretary.

('80 Code, § 23-23) (Ord. 766, passed 1-20-1959)

(2) Meetings. The City Planning and Zoning Commission shall meet not less than once each month. Each January, the Commission shall hold an annual meeting for the review of its activities and accomplishments.

('80 Code, § 23-24) (Ord. 766, passed 1-20-1959)

(3) Quorum. Four members of the Planning and Zoning Commission shall constitute a quorum for transacting business.

('80 Code, § 23-25) (Ord. 766, passed 1-20-1959; Ord. 1540, passed 10-6-1976)

(4) Voting. A majority vote of those Planning and Zoning Commission members present and voting shall be required to take official action including, but not limited to, the adopting of policy or submitting recommendations. No member shall be excused from voting except on matters involving the consideration of his or her own official conduct or a conflict of interest. In all other cases a failure to vote shall be entered in the minutes as an affirmative vote.

('80 Code, § 23-26) (Ord. 766, passed 1-20-1959; Ord. 1540, passed 10-6-1976; Ord. O2015-023, passed 4-15-2015)

(5) Official record. The official records of the Planning and Zoning Commission shall include its rules and regulations, minutes of meetings, resolutions and its adopted reports, which shall be deposited with the Planning Department and which shall be available for public inspection during customary office hours.

('80 Code, § 23-27) (Ord. 766, passed 1-20-1959)

(6) Reports. The Planning and Zoning Commission shall submit to the City Council such special reports as may be requested and such other information as the City Council may desire.

('80 Code, § 23-28) (Ord. 766, passed 1-20-1959; Ord. O2015-023, passed 4-15-2015)

(7) Voice or video appearance. A Planning and Zoning Commissioner shall have the opportunity to participate by voice or video during a regularly scheduled meeting subject to the following rules and regulations:

(a) Voice or video participation shall mean the participation of the Planning and Zoning Commissioner(s) at Planning and Zoning meetings by voice or video technology where the Planning and Zoning Commissioner is not physically present at the Planning and Zoning meeting.

(b) Voice or video participation shall only apply to Planning and Zoning meetings held at Yuma City Hall, Yuma. Arizona.

(c) A Planning and Zoning Commissioner wishing to participate through voice or video technology shall contact the Director of Community Development regarding the need to participate from an off-site location. Notice shall be provided no later than two business days prior to the meeting to allow sufficient time to post the information on the agenda and to prepare the meeting room for such voice or video participation.

(d) No more than two Planning and Zoning Commissioners may participate by voice or video technology at any meeting. Unless approved by the Planning and Zoning Commission, no Commissioner may participate by video or voice technology more than twice in any calendar year.

(e) When a Planning and Zoning Commissioner is participating by using voice or video technology at a meeting:

1. The meeting facilities shall be arranged to provide the capability of the public audience to be able to hear such participating Commissioner. Facilities shall also be provided whereby the participating Commissioner can hear any comments made by other members of the Planning and Zoning Commission, by City staff and by the audience in attendance at the meeting.

2. Communications shall be initiated with the Commissioner prior to the beginning of the Planning and Zoning meeting. The participating Commissioner will identify him or herself during roll call and state that he/she is attending the meeting through voice or video participation.

(f) The meeting agenda shall reflect that a Planning and Zoning Commissioner will be participating through voice or video technology and voting procedures will remain as required by the City of Yuma Code (§ 154-02.01).

(Ord. O2017-027, passed 8-16-2017)

(H) Removal. Members of the Planning and Zoning Commission may be removed by the City Council for inefficiency, neglect of duty or malfeasance in office.

('80 Code, § 23-20) (Ord. 929, passed 3-4-1964; Ord. O2015-023, passed 4-15-2015)

(I) Compensation; expenses. The members of the Planning and Zoning Commission shall serve as such without compensation; however, the Council may allow such expenditures as are necessary for the performance of their duties.

('80 Code, § 23-22) (Ord. 929, passed 3-4-1964; Ord. O2010-32, passed 7-7-2010; Ord. O2010-66, passed 1-5-2011)

(J) All decisions of the Planning and Zoning Commission are appealable to the City Council.

(Ord. O2021-035, passed 11-17-2021)

§ 154-02.02 Hearing Officer.

(A) Establishment. Pursuant to A.R.S. § 9-462.08, the position of Hearing Officer is hereby established to conduct public hearings on behalf of the city.

(1) Appointment. The Hearing Officer is appointed by the City Administrator subject to the approval of the City Council.

(2) Qualifications. The Hearing Officer is appointed on the basis of a demonstrated ability to perform the duties of the office, such as training and experience relevant to the conduct of administrative and adjudicative hearings and knowledge of the principles and practices of land use planning. The Hearing Officer shall not hold a city elective office concurrently with this position.

(3) Term. The Hearing Officer serves at the pleasure of the City Administrator. The City Administrator may designate a qualified person as a temporary Hearing Officer whenever the Hearing Officer is unable to perform the duties of the office due to illness, potential conflict of interest or similar reason.

(B) Authority. The Hearing Officer shall have the following authority:

(1) To hear and decide applications for:

(a) Variances;

(b) Temporary uses;

(d) Revocation of modification of variances;

(e) Conditional use permits for soil remediation, uses requiring a federal or state permit that are not otherwise listed and the location of multiple food vending units at a mobile vending site; and

(f) Time extension of conditional use permits (only if there are no changes made to the previously approved CUP).

(2) To hear and decide appeals of:

(a) Determinations of the Zoning Administrator;

(b) Determinations of the Floodplain Administrator;

(d) Decisions of the Minor Variance Committee; and

(e) Denial of any business license by planning staff.

(C) Variances. The Hearing Officer may vary from a development standard or dimension required by this chapter only if, because of special circumstances applicable to the property, building or use, including its size, shape, topography, location or surroundings, the strict application of this chapter will deprive such property of privileges enjoyed by other property of the same permitted use in the same zoning district. Any variance granted by the Hearing Officer is subject to such conditions as will assure that the authorized variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and in the district in which such property is located. The Hearing Officer has authority to revoke or modify a variance. All variance decisions from the Hearing Officer are appealable to the City Council for the purposes of A.R.S. § 9-462.06.A.

(Ord. O2021-035, passed 11-17-2021)

(D) Temporary uses. The Hearing Officer may approve a request for a temporary use, as permitted in this chapter. The approval may include conditions which address site improvements, traffic issues, length of time for use operation, daily hours of operation, temporary signage or any other condition deemed necessary for the public safety, health and welfare. All temporary use decisions are appealable to the City Planning and Zoning Commission.

(E) Expansion of nonconforming uses or structures. The Hearing Officer may expand a nonconforming use or structure as allowed in this chapter and state law, A.R.S. § 9-462.02. All nonconforming use/structure decisions are appealable to the City Planning and Zoning Commission.

(F) Conditional use permits.

(1) The Hearing Officer is responsible for the review and determination of conditional use permits related to soil remediation, time extension, and for any use that requires a state or federal permit.

(2) The Hearing Officer is responsible for the review and determination of conditional use permits for the location of multiple food vending units at a mobile vending site. The Hearing Officer may include conditions which address site improvements, traffic issues, daily operation hours or any other conditions deemed necessary for the public safety, health and welfare.

(3) All conditional use permit decisions are appealable to the City Council.

(Ord. O2021-035, passed 11-17-2021)

(G) Appeals.

(1) The Hearing Officer shall hear all appeals of decisions made by the following:

(a) The Zoning Administrator;

(b) The Floodplain Administrator;

(d) The Minor Variance Committee; and

(e) Business license determinations made by planning staff.

(2) The Hearing Officer shall also hear and decide appeals when it is alleged there is an error in any order, requirement, decision in the enforcement of this chapter or the floodplain regulations set forth in Chapter 151, or interpretation of the official zoning map made by the Zoning Administrator.

(3) Upon appeal, to reverse or affirm, wholly or partially, or modify the order, requirement or decision of the Zoning Administrator or Floodplain Administrator, Landscape Committee, Minor Variance Committee and planning staff decision related to business licenses, the Hearing Officer has the authority to make such alternate order, requirement, decision or determination as necessary, based on the findings of each case.

(H) Hearing Officer. The Hearing Officer shall not be authorized to:

(1) Make any change(s) in the uses permitted in any zoning district, or make any changes in the terms of this chapter or the floodplain regulations set forth in Chapter 151. The restriction in this section shall not affect the authority to grant a variance(s) to a development standard(s) or a dimension(s) required by this chapter; or

(2) Grant a variance(s) if the special circumstances(s) applicable to the property, building, or use is self-imposed by the property owner or applicant.

(Ord. O2006-20, passed 3-1-2006; Ord. O2010-32, passed 7-7-2010; Ord. O2011-10, 4-20-2011; Ord. O2014-20, passed 8-27-2014)

§ 154-02.03 Zoning Administrator.

(A) Establishment. Pursuant to A.R.S. § 9-462.05 the Planning Director, also known as Director of Planning, or an authorized deputy acting under his or her direction, shall be the Zoning Administrator.

(B) Duties. The Zoning Administrator, or his or her authorized deputy shall be charged with responsibility for enforcement of the zoning ordinance:

(1) Supply information about, and provide interpretations of, this chapter to the public, city departments and other agencies;

(2) Provide advice and assistance to all applicants for zoning actions;

(3) Accomplish all administrative actions required by this chapter; including receiving applications giving notice of hearings, preparation of reports and processing appeals;

(4) Enforce the provisions of this chapter pertaining to the erection, construction, moving, reconstruction, conversion, alteration or addition to any building or structure and the use of any land, building or premise;

(5) Inspect buildings, structures and lands as may be necessary or desirable for enforcement of this chapter;

(6) Determine other permitted uses consistent with the purpose of each Zoning District; and

(Ord. O2009-28, passed 5-6-2009)

(7) Notwithstanding the procedures set forth in § 154-03.04(D)(1)(a) through (D)(1)(c) for consideration of a variance application, the Zoning Administrator may approve a deviation in development standards and/or dimensional criteria upon the making of the findings required in § 154-03.04(D)(1)(a) through (D)(1)(d), when the following conditions are satisfied:

(a) The application requests a deviation from code not exceeding a 10% reduction or increase of a development standard and/or dimension required by the zoning code; and

(b) The Zoning Administrator determines that the request complies with the four findings of fact required by § 154-03.04(D)(1)(a) through (D)(1)(d).

(Ord. O2010-32, passed 7-7-2010)

§ 154-02.04 Design and Historic Review Commission (DHRC).

(A) Establishment. The Design and Historic Review Commission (DHRC) is hereby created. The Design and Historic Review Commission is the merger of the formerly known Design Review Commission and Historic District Review Commission. The Commission shall consist of an odd number of members no fewer than five and no more than seven to be appointed by the Mayor and Council. The Design and Historic Review Commission shall be organized to conduct business in a manner specified in the Commission bylaws.

(Ord. O97-45, passed 7-2-1997; Ord. O98-44, passed 5-20-1998; Ord. O2007-61, passed 11-20-2007; Ord. O2008-31, passed 8-6-2008; Ord. O2009-54, passed 10-21-2009)

(B) Organization of the Design and Historic Review Commission.

(1) Terms. Members shall serve a term of five years. Beginning July 1, 2011, all terms will expire on December 31. Elections for positions of Commission Chairperson and Commission Vice-Chairperson shall be on an annual basis at the first meeting of the calendar year.

(2) Meetings. The Design and Historic Review Commission shall meet bi-monthly, or at the call of the Chairperson as specified in the Commission bylaws, to be amended as required.

(3) Rules. The Commission shall adopt rules for the conduct of its business. The Commission may delegate certain responsibilities and/or tasks to be performed by a sub-commission or subcommittees of the Commission.

(4) Compensation. Members shall serve without compensation.

(5) Composition. Appointed member shall meet these qualifications:

(a) All must be residents of the city and should have a demonstrated interest in the history of this city with a desire to promote building and site design that is of high aesthetic and functional quality while in harmony with the surrounding community;

(b) At least one member must be an architect, architectural designer, planner or design professional who demonstrate an interest in local historic preservation as well as the design, image and appearance of the community;

(c) At least one member must be a general building contractor or a tradesman in the building construction industry who should have an interest in historic structures;

(d) At least one member must have qualified training or experience in historic preservation, or be a member of the Rio Colorado Chapter of the Arizona Historical Society and selected from among three or more members nominated by the Board of Directors of that chapter;

(e) One member must be a member of the City Planning and Zoning Commission;

(f) At least one person who owns property or resides within a historic district as established under this subchapter;

(g) Two members shall be members at-large; and

(h) Should no persons be available for appointment that meet the criteria listed herein, the City Council may select a person whose background approximates the knowledge and expertise being sought.

('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983; Ord. O98-44, passed 5-20-1998; Ord. O2007-61, passed 11-20-2007; Ord. O2009-54, passed 10-21-2009; Ord. O2010-56, passed 11-17-2010)

(C) Purpose. The purpose of the Design and Historic Review Commission is to promote and protect the Historic and Architectural integrity of the city within the defined geographical limits of the Aesthetic Overlay District and the Historic Districts of the city.

(D) Duties. The Commission’s duties are outlined as follows:

(1) To promote the educational, cultural, economic and general welfare of the community and to ensure the harmonious growth and development of the municipality by encouraging the preservation of historic places and structures, and advancing aesthetic and functionally well-designed projects;

(2) To designate sites and districts of historical significances;

(3) To provide regulatory oversight regarding exterior modifications to all historic structures or sites that are listed or eligible for listing on the National Register of Historic Places and have received the city’s Historic (H) District Zoning Overlay, as well as projects within the Aesthetic Overlay District;

(4) To review all project design plans within an Aesthetic Overlay District. Such plans shall be reviewed for compliance with the Aesthetic Overlay Design Guidelines;

(5) To provide regulatory oversight regarding the exterior appearance of any structure (new construction, renovation or alteration) within a recognized Historic District or within the Aesthetic Overlay and areas with specific design requirements;

(6) The Commission shall decide whether a permit should be issued for any demolition, removal, exterior renovation, addition or any other exterior alteration of any historic structure, historic site or any property located within an historic district. The Commission’s review of applications for new construction shall be limited to building size, scale, exterior elevation, design, color and appearance, to ensure compatibility with the historic character of the property, neighborhood or environment. When the local Commission governing the historic district denies an application or request, the applicant may not legally proceed with any exterior work, including demolishing or moving a structure, unless the Commission’s decision is appealed and is set aside or modified by a superior authority;

(7) Review and approval of all private and commercially oriented development of lands located within the RO Zoning District;

(8) Review and approval of all exterior lighting in the Bed and Breakfast Overlay District;

(9) Hear and decide appeals of the City Zoning Administrator’s decisions on signage and building requirements within the Historic Park Zoning District; and

(10) The Commission shall keep the Mayor and Council apprised in all matters concerning historic sites and districts. In this regard it:

(a) May recommend to the Mayor and Council acquisition by the city of structures or easements for maintenance or repair of structures for their preservation where private preservation is not feasible; and

(b) May initiate and conduct detailed studies and surveys of buildings, in conjunction with the Rio Colorado Chapter of the Arizona Historical Society and interested others, the intention of assessing potential of such buildings, structures or areas for designation as historic sites or districts.

(E) Appeals and variance.

(1) Proper maintenance is essential to the longevity of historic structures. Minor maintenance modifications to properties within an historic district may be approved or denied by the Zoning Administrator or the Zoning Administrator’s designee. Denials by the Zoning Administrator or Zoning Administrator’s designee may be appealed to the Design and Historic Review Commission. Minor maintenance modifications include the following:

(a) Replacement of existing wood or asphalt shingles with dimensional asphalt shingles provided that the property is not individually listed on the National Historic Register or a contributing property within the Brinley Avenue Historic District;

(b) Patching or resurfacing of an existing flat roof;

(d) Replacement of an electrical service panel and associated screening;

(e) Replacement of an HVAC unit and associated screening; and

(f) New or replacement fencing or perimeter walls.

(g) Investigation of structural and building system integrity by means of inconspicuous exterior exploration. Exploration is limited to one temporary occurrence at a time with a maximum removal of four square feet of the facade for each such occurrence. Repair/restoration to match the surrounding exterior is to be completed within 30 days of commencement of the exploration.

(2) Appeals of the project design decisions of the Design and Historic Review Commission within an Aesthetic Overlay District shall be heard by the Planning Commission.

(3) Any requests for variances from the development standards of the underlying zoning district for a project within an Aesthetic Overlay District shall be considered by the City Hearing Officer.

§ 154-02.05 Board of Adjustment.

(A) Authority. The Zoning Board of Adjustment shall have authority to grant, upon such terms and conditions as it deems necessary, a variance(s) from those specific restrictions as to area, fences and walls, frontage dimension on a public or private street, height, landscape plant material, loading, parking, setbacks, signs, width, yards, general character and other accessory and incidental restrictions applicable to the appropriate district.

('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)

(B) Duties.

(1) The Zoning Board of Adjustment shall be authorized to hear and decide appeals from an interpretation and/or a decision of the Zoning Administrator.

(2) The Zoning Board of Adjustment shall hear and decide appeals of the Minor Variance Committee and a decision of the Zoning Administrator or designee.

('80 Code, App. A, § 181) (Ord. 583, passed 9-16-1952; Ord. 2584, passed 9-16-1992; Ord. O96-77, passed 8-7-1996)

(3) The Board of Adjustment shall consider appeals pertaining to removal of abandoned signage.

(4) The Board shall be authorized to hold a public hearing to consider granting a variance(s) only when findings of fact are made that all of the conditions found in § 154-03.04(D)(1) are found to exist.

(5) The Zoning Board of Adjustment, shall be authorized to hold a public hearing to consider the revocation or modification of a variance(s) previously granted in accordance with the provisions of the zoning code.

(6) The Board of Adjustment may not:

(a) Grant a variance to allow a less restrictive use, or other use not permitted in the applicable district. A variance request must be compatible with the general purpose and intent of the zoning code and the General Plan upon which it is based, so that the spirit of the zoning code and General Plan shall be observed, public safety and welfare secured, and substantial justice be done, not only to the applicant, but to others who might be affected by approval of such variance; and

(b) The Board shall not approve a variance if it finds that the special circumstance(s) or condition(s) of the property, building or use which is claimed to cause a practical difficulty, unnecessary hardship or inconsistency with the intent of the purpose of the zoning code or General Plan applies generally throughout the neighborhood or district. In such cases where variance requests are so general, or recurrent in nature, an amendment of the zoning code should be considered to provide a general regulation for such special circumstance rather than the approval of variance requests.

('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2010-32, passed 7-7-2010; Ord. O2010-66, passed 1-5-2011)

§ 154-02.06 Minor Variance Committee.

(A) Purpose. The city shall establish a Minor Variance Committee, consisting of the Zoning Administrator and two additional members of the Department of Community Development Staff as determined by the Zoning Administrator, to act as the hearing officer as provided by A.R.S. § 9-462.06.

(B) Duties.

(1) The Minor Variance Committee shall have the authority to grant, upon such terms and conditions it deems necessary, a minor variance(s) as defined in Article 1 of this chapter.

(2) The Minor Variance Committee may, at an open meeting, approve a minor variance(s) upon the making of the findings required in § 154-03.04(D)(1)(a) through (D)(1)(d) of this chapter, when the following conditions are satisfied:

(a) The applicant receives written consent to the requested minor variance(s), on a form provided by the Zoning Administrator, from an owner of each property adjacent to the property which is the subject of the minor variance request, whether or not separated by public rights-of-way;

(b) The application requests a variance not exceeding a 20% reduction or increase of a development standard or dimension required by the zoning code; and

(c) The Minor Variance Committee determines that the request complies with the four findings of fact required by § 154-03.04(D)(1)(a) through (D)(1)(d).

(3) The Minor Variance Committee may not:

(a) Grant a variance to allow a less restrictive use or other use not permitted in the applicable district; and

(b) A minor variance request must be compatible with the general purpose and intent of the zoning code and the General Plan upon which it is based, so that the spirit of the zoning code and the General Plan shall be observed, public safety and welfare secured, and substantial justice done not only to the applicant, but to others who might be affected by the granting of such minor variance(s).

(Ord. O2010-32, passed 7-7-2010)

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