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(A) If a property owner desires to develop a parcel of land with a use that is not permitted within the airport noise and accident potential zone in which the property is located, the owner may file an application for a land use waiver in accordance with procedures established in § 154-03.03 of this chapter.
(B) Waivers may be granted after public hearings by the Planning Commission and City Council, and upon a specific finding by the Council that the purpose of the Airport District and the zoning ordinance is preserved.
(C) Applications shall be filed with the Planning Division, and shall be accompanied by a detailed site plan, a detailed description of the proposed uses and their relationship to adjacent property. Applications shall be submitted under one of the two following provisions.
(1) Submission of a test report.
(a) The test report to be prepared under the supervision of a registered engineer in Arizona in accordance with accepted day-night average sound level methodology of sound measurements. Such test report shall establish the Ldn level for the requested land use as permitted by this Airport District; or
(b) At the option of the applicant, the applicant shall provide an accurate survey map for the petitioned property and financial assurance in a form approved by the city. Said assurance being for the sole purpose to reimburse the city for the actual cost of hiring a registered engineer to conduct the test report.
(2) Submission of an application, report and plans. Submission of an application, report and plans which provide the following:
(a) A statement acknowledging and not challenging the noise level as indicated by the airport noise and accident potential zone map; and
(b) Documentation that the permitted uses within the specific noise zone and/or APZ Zone are not reasonable uses of the property because of one of the following conditions:
1. The permitted uses would have a detrimental effect upon adjacent property;
2. There are special circumstances applicable to the property including, but not limited to, size, shape, topography, adjacent development, street access, utilities and other development constraints; and
3. A land use waiver, shall not be granted if the conditions which created the detrimental effect upon adjacent property or the special circumstances were established by the property owner after the adoption of the Airport District.
(D) A land use waiver shall not be granted for residential uses within the APZ-1, APZ-2 and clear zones.
('80 Code, App. A, § 122) (Ord. 583, passed 9-16-1952; Ord. 1837, passed 6-20-1979; Ord. 2352, passed 3-18-1987; Ord. O2010-32, passed 7-7-2010)
(A) Classifications. For the purpose of this chapter, the city is hereby divided into zoning districts and overlay districts as follows:
(1) Rural and low density residential zoning districts:
(a) Agriculture District (AG);
(b) Suburban Ranch District (SR-1, 2, 3, 4);
(c) Residential Estate District (RE-12, 18, 35);
(d) Low Density Residential (R-1-6, 8, 12, 20, 40); and
(e) Low Density Single-Family Residential District (R-l-5).
(2) Multiple-family residential zoning districts:
(a) Medium Density Residential District (R-2);
(b) Medium Density Single-Family Residential District (R-2-5); and
(c) High Density Residential District (R-3).
(3) Manufactured housing and recreational vehicle zoning districts:
(a) Manufactured Housing Subdivision District (MHS);
(b) Recreational Vehicle Subdivision District (RVS);
(c) Manufactured Housing Park District (MHP); and
(d) Residence-Manufactured Housing District (R-MH-6, 8, 10, 12, 20).
(4) Commercial zoning districts:
(a) Transitional District (TR);
(b) Planned Shopping Center District (PSC);
(c) Limited Commercial District (B-1);
(d) General Commercial District (B-2); and
(e) Business Park District (BP).
(5) Industrial zoning districts:
(a) Industrial Park District (I-P);
(b) Light Industrial District (L-I); and
(c) Heavy Industrial District (H-I).
(6) Old Town District (OT);
(7) Historic Park District (HP);
(8) Military Reservation District (MR);
(9) Recreation and Open Space District (RO); and
(10) Overlay zoning districts:
(a) Aesthetic (AO);
(b) AutoCenter (ACO);
(c) Bed and Breakfast (BB);
(d) Historic (H);
(e) Airport District (AD);
(f) Public (P);
(g) Planned Unit Development (PUD); and
(h) Smart Growth Overlay (SGO).
(B) Specific plans.
(1) Generally. The city has adopted the following specific plans.
(2) Cielo Verde Specific Plan (CVSP). That certain document known as the Cielo Verde Specific Plan, three copies of which are on file in the office of the City Clerk, which document was made a public record by Resolution No. R2001-30 of the city, is hereby referred to, adopted and made a part hereof as if fully set out in this section; or as may be amended. See Appendix A: Cielo Verde Specific Plan.
(Ord. O2001-53, passed 6-20-2001; Ord. O2007-53, passed 10-3-2007; Ord. O2010-12, passed 2-3-2010; Ord. O2010-32, passed 7-7-2010; Ord. O2010-45, passed 9-1-2010; Ord. O2010-46, passed 9-1-2010)
(A) Zoning map. The boundaries and areas of these districts are hereby established as indicated by means of lines, symbols and figures expressing distance in feet and otherwise on the zoning map dated September 2, 1952, signed by the Mayor and City Clerk, which accompanies this chapter and is hereby referred to, and adopted as the official zoning map of the City of Yuma, Arizona and ordered filed in the office of the City Clerk of said city.
(B) Indicated boundary lines. The indicated boundary lines are intended generally to follow existing property lines or as may be otherwise indicated on the zoning map. A boundary shown on the zoning map which follows a street, alley, railroad line or other right-of-way shall be construed as following the centerline of the street or railroad right-of-way upon adoption of the zoning change. If subsequent to the establishment of the boundary, the centerline of the right-of-way is moved as a result of its widening or a minor re-alignment, the boundary shall be construed as being moved with the centerline only if the centerline is moved no more than 25 feet. If in conflict with prior or surrounding zoning changes, the Zoning Administrator would be the determining person.
(Ord. O2010-10, passed 2-3-2010)
(C) Determination of doubtful lines. In case of doubt or disagreement concerning the exact location of a district boundary line, the determination shall lie with the Board of Adjustment as herein provided in Article 3.
(Ord. O2010-32, passed 7-7-2010)
(A) The Planning and Zoning Commission shall make recommendations to the City Council for growth, development and beautification of the City in accordance with A.R.S. § 9-461 et seq. and with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the area of jurisdiction.
(B) The Planning and Zoning Commission may recommend approval of the General Plan as a whole, or by successive actions approve separate parts of the General Plan corresponding with functional divisions of subject matter, and from time to time, amend, extend or add to the General Plan. Before approval of the Plan or any part, amendment, extension or addition thereto the Planning and Zoning Commission shall hold public hearings in accordance with A.R.S. § 9-461 et seq.
(C) After approval of the General Plan, or any part thereof, the Planning and Zoning Commission shall submit the General Plan recommendations to the City Council for its consideration and adoption.
(D) Upon adoption of the General Plan, or any part thereof, by the City Council, the General Plan shall be the official guide to the Planning and Zoning Commission and to all City departments and agencies for development of the area of jurisdiction.
('80 Code, § 23-32) (Ord. 766, passed 1-20-1959; Ord. O2010-32, passed 7-7-2010; Ord. O2015-023, passed 4-15-2015)
Statutory reference:
Comprehensive plan, see A.R.S. §§ 9-461.05 through 9-461.07
(A) Zoning classification.
(1) Areas annexed into the city shall, upon the date that said annexation becomes effective, be zoned to the most similar city zoning classification which permits densities and uses no greater than those permitted by the county immediately before annexation, provided that:
(a) The zoning district for the annexed area conforms to the land use designation for the area as identified in the General Plan;
(b) No subdivision, lot split or lot tie is pending or planned for the area;
(c) No change of use is pending or planned for the area;
(d) No establishment of a new use is pending or planned for the area; and
(e) No expansion of an existing use is pending or planned for the area, excepting therefrom a residential subdivision in its entirety.
(2) The city zoning classification for areas annexed into the city shall, for those areas conforming to all the criteria specified in divisions (A)(1)(a) through (A)(1)(e) above, be designated in the ordinance annexing the area.
(3) All other areas annexed to the city not meeting the criteria specified in divisions (A)(1)(a) through (A)(1)(e) above shall, upon the date that said annexation becomes effective, be zoned Agriculture District (AG). These areas shall be rezoned in accordance with the process and procedures as specified in A.R.S. § 9-462 pursuant to city ordinances. The rezoning of such areas may be conditioned upon the provision of adequate rights-of-way, avigation easements, median disclosure statements, deposits in lieu of construction for public improvements or other conditions related to the impact of the development of the area upon public services or facilities.
(4) Should the property owner enter into a development agreement with the city and that agreement adequately addresses the aforementioned impact of development issues, the annexed area may be then zoned as provided for in division (A)(1) above.
(5) The rezoning application fee will be waived for a period of six months following the effective date of annexation for annexed areas that are rezoned in accordance with division (A)(3) above.
(B) Building permits.
(1) County building permits issued for structures not completed and in areas that are annexed will be transferred to the Division of Building Safety. An inspection shall be made of the construction progress and a record started at the effective date of annexation. Further inspections shall conform to the building plans for which the permit was issued by the county.
(2) County building permits issued in the annexed areas shall become null and void if the building or work authorized by such permit is not commenced within 60 days of the effective date of annexation.
(C) Nonconforming uses.
(1) Any use or activity conducted contrary to county zoning regulations at the effective date of annexation and not constituting a nonconforming use under the county zoning regulations shall not be considered a continuance thereof shall constitute a violation of this chapter.
(2) Any use, activity or structure, that is existing at the effective date of annexation under a county permit with a time limit imposed, shall not be a nonconforming use hereunder, but may continue for the extent of the time limit.
('80 Code, App. A, § 20) (Ord. 583, passed 9-16-1952; Ord. 1730, passed 4-19-1983; Ord. 2235, passed 11-20-1984; Ord. O95-040, passed 9-5-1995; Ord. O2000-35, passed 6-21-2000; Ord. O2000-52, passed 8-2-2000; Ord. O2001-48, passed 6-6-2001; Ord. O2001-53, passed 6-20-2001; Ord. O2010-32, passed 7-7-2010)
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