Loading...
(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)
(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)
(A) Purpose. To provide appropriate information to adjacent land owners and other potentially affected citizens of requested zoning map amendments, conditional use permits, specific plans and subdivisions of land and allow opportunities to express any issues or concerns that they may have with the proposal before the public hearing.
(Ord. O2003-66, passed 12-3-2003; Ord. O2005-47, passed 7-6-2005)
(B) Notification. All notifications sent pursuant to § 154-03.02 shall include:
(1) The substance and location of the proposal;
(2) The purpose or intent of the proposal;
(3) Contact information for the staff and the applicant, or his or her agent, which may include telephone numbers, mailing and e-mail addresses; and
(4) Meeting dates and locations of neighborhood meetings, if deemed appropriate.
(Ord. O2003-66, passed 12-3-2003; Ord. O2005-47, passed 7-6-2005)
(C) Neighborhood meetings. Following application for zoning map amendment, conditional use permit, specific plan or preliminary subdivision of land, a neighborhood meeting or other public input opportunity may be required. City staff will establish the process and procedures for the neighborhood meetings. Failure by the applicant to participate in the neighborhood meeting, will delay the development review process for the subject application.
(Ord. O2003-66, passed 12-3-2003; Ord. O2005-47, passed 7-6-2005; Ord. O2010-32, passed 7-7-2010)
(A) Zoning amendments (boundaries and/or regulations).
(1) Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given at least 15 days before the hearing by publication at least once in a newspaper of general circulation, published or circulated in the city.
(2) In proceedings involving an amendment of the zoning map, additional written notice of the hearing shall be given by mail at least 28 days before the hearing to all owners of property within a radius of 300 feet of the exterior boundaries of the property being the subject of the application; using for this purpose the name and address shown on the county assessment roll.
(3) Failure of any property owner to receive said notice will not invalidate the proceedings.
(4) When the property being the subject of the application abuts unincorporated areas of the county or other municipalities, notice shall be given to the planning agencies of such governmental units.
(5) This requirement for written notice shall not apply to amendments initiated by the City Council or Planning Commission that, in effect, adopt a new zoning map for the city, or a large portion thereof.
(6) In zoning requests involving one or more of the following changes to the standards governing land use, additional notice is required:
(a) A 10% or more increase or decrease in the number of square feet or units that may be developed;
(b) A 10% or more increase or reduction in the allowable height of buildings;
(c) An increase or reduction in the allowable number of stories of buildings;
(d) A 10% or more increase or decrease in setback or open space requirements; and
(e) An increase or reduction in permitted uses.
(7) In these instances, notice shall be provided to real property owners in one of three ways:
(a) Send a notice of the proposed changes in utility bills or other mass mailings which are periodically issued;
(b) Publish a display ad on the proposed change in a newspaper of general circulation in the city or town prior to the public hearing on any such change. The display ad must cover not less than one-eighth of a full page; or
(c) Send a notice by first class mail to all property owners whose property is directly governed by the proposed change.
(8) If notice is provided using the method involving a display ad or the use of utility bills and other mass mailings, the municipality shall also send notice by first class mail to all persons who register their name and address with the municipality as being interested in receiving such notices. A fee not to exceed $5 per year shall be charged for providing this service.
(B) Variances.
(1) A public hearing to consider the requested variance shall be held by the Board. Notice of the time and place of the hearing shall be given as follows:
(a) In at least one publication in a newspaper of general circulation in the city, at least 15 days before the hearing;
(b) By posting of notice in conspicuous places on, or close to, the property; and
(c) By mail, or hand delivery, at least seven days before the hearing, to all owners of property within 300 feet of the exterior boundaries of the subject property of the request, using the name and address shown on the county assessment roll.
(2) Failure of any property owner to receive said notice shall not invalidate the proceedings.
('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
(C) Appeals of the Zoning Administrator and the Minor Variance Committee.
(1) A public hearing shall be held by the Board. Notice of the time and the place of the hearing shall be given as follows:
(a) In at least one publication in a newspaper of general circulation in the city, at least 15 days before the hearing;
(b) By posting of notice in conspicuous places on, or close to, the property; and
(c) By mail at least seven days before the hearing to all owners of property within a radius of 300 feet of the exterior boundaries of the subject property of the appeal, using the name and address shown on the county assessment roll.
(2) Failure of any property owner to receive said notice shall not invalidate the proceedings.
(D) Conditional use permits.
(1) A public hearing shall be held by the Commission. Notice of the time and place of the hearing shall be given as follows:
(a) In at least one publication in a newspaper of general circulation in the city, at least 15 days before the hearing;
(b) By posting of notice in conspicuous places on, or close to, the property; and
(c) By mail or hand delivery at least 28 days before the hearing to all owners of property within 300 feet of the exterior boundaries of the subject property of the request, using the name and address shown on the county assessment roll.
(2) Failure of any property owner to receive said notice shall not invalidate the proceedings.
('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2003-66, passed 12-3-2003; Ord. O2010-32, passed 7-7-2010)
This chapter may be amended by changing the boundaries of any zoning district, imposing new regulations or removing, changing or modifying the regulations previously imposed whenever the public necessity and convenience and the general welfare require such amendment, by following the procedure of this section.
(A) Amendment of the zoning map. An amendment of the zoning map may be initiated by:
(1) The City Council;
(2) The Planning Commission; and/or
(3) One or more owners of property affected by the proposed amendment.
(B) Application for amendment of zoning map. The zoning application shall be made on the form provided and shall be accompanied by a nonreturnable filing fee in accordance with the fee schedule adopted by City Ordinance No. 1943, and successors. Said application shall bear the property owners signatures and addresses, the legal description and land area of each property included in the application, the total land area represented by the application, a map of the area and other attachments as noted on the application.
(1) Administrative completeness review time frame. The City shall determine whether the application is administratively complete within 30 days after receiving the application. If the application is deemed administratively incomplete, the City will provide the applicant with a written notice that includes a comprehensive list of the specific deficiencies. Upon issuance of the written notice, the administrative completeness review time frame and overall time frame contained in this section are suspended until the City receives the resubmitted application. The City shall have 15 days to review the resubmitted application and determine whether every deficiency has been resolved for administrative completeness.
(2) Approval or denial of zoning applications. After determining that a zoning application is administratively complete, the City Council of the City of Yuma shall approve or deny the application within 180 days. The city may extend the time frame to approve or deny beyond 180 days as follows:
(a) Staff may grant a one-time extension of not more than 30 days for extenuating circumstances; or
(b) Staff may grant extensions in 30 day increments at the request of the applicant.
(3) Exceptions. This section does not apply to:
(a) Land that is designated as a district of historical significance pursuant to ARS § 9-462.01(a); and
(b) An area that is designated as historic on the national register of historic places;
(c) Land that is already zoned as a planned area development (PAD).
(C) Amendment of the text. An amendment of the text of this chapter may be initiated by:
(1) The City Council;
(2) The Planning Commission; and/or
(3) Any resident of or owner of property in the city.
(D) Application for amendment of the text. The application shall be made on the form provided and shall be accompanied by a nonreturnable filing fee in accordance with the fee schedule adopted by City Ordinance No. 1943, and successors.
(E) Public hearing. At least one public hearing shall be held by the Commission. Following the aforesaid hearing, the Planning Commission shall file a report of its findings and recommendations with respect to the proposed amendment with the City Council within 30 days of the final public hearing; the report shall be in writing and shall include the recommendations for approval, conditional approval or disapproval and shall contain a brief summary of the reasons for the recommendations. If the Planning Commission deems it advisable, it may recommend that the area under consideration for change in classification be enlarged or diminished or be reclassified to a district other than the district originally initiated.
(F) Withdrawal of petition for amendment. Upon the consent of the Planning Commission, any petition for an amendment may be withdrawn upon the written application of a majority of all persons who signed such a petition. The City Council or the Planning Commission may by resolution abandon any proceedings for an amendment initiated by its own resolution of intention, provided that such abandonment may be made only when such proceedings are before such body for consideration, and provided that any hearing of which public notice has been given shall be held.
(G) Adoption of recommendation. After the Planning Commission has held a public hearing, the City Council may adopt the recommendation of the Planning Commission without holding another public hearing if there is no objection, request for a public hearing or other protest. A public hearing shall be held if requested by the party aggrieved or any member of the public or of the City Council.
(H) Notice. If the City Council holds a public hearing, notice shall be given in the manner provided in § 154-03.02 of this article.
(I) Amendment may be conditioned. An amendment of the zoning map may be conditioned, upon:
(1) A schedule for development of the specific use or uses requested. If at the expiration of this period the property has not been improved for the use for which it was conditionally approved, it shall revert to its former zoning district classification without further action; and
(2) Public dedication of rights-of-way as streets, alleys, public ways, drainage and public utilities are as reasonably required by, or related to, the effect of the amendment.
(J) Filing of protest by adjacent property owners.
(1) If the owners of 20% or more, excluding government property, either of the area of the lots included in a proposed change, or of those immediately adjacent in the rear or any side thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote of three-fourths of all members of the City Council.
(2) If any members of the City Council are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the questions shall be three-fourths of the remaining membership of the Council, provided that such required number of votes shall in no event be less than a majority of the full membership of the Council.
(K) Resubmittal after denial. In case a petition for an amendment is denied by the City Council, said petition shall not be eligible for resubmittal for one year from date of said denial, unless specifically stated to be without prejudice. A new petition affecting the same property must be, in the opinion of the Planning Commission, substantially different from the petition denied, or conditions must have sufficiently changed for the new petition to be eligible for consideration within one year from said date of denial, unless denied without prejudice.
('80 Code, App. A, § 250) (Ord. 583, passed 9-16-1952; Ord. 1378, passed 9-4-1974; Ord. 1939, passed 6-18-1980; Ord. 2426, passed 11-2-1988; Ord. O2003-66, passed 12-3-2003; Ord. O2010-32, passed 7-7-2010; Ord. O2024-040, passed 12-18-2024)
Loading...