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(A) Purpose. The Old Town (OT) District is intended to be a retail, business and government center with a special emphasis on tourism and historic preservation, due to the unique qualities present in the Old Town (OT) District that set it apart from all other districts in the city. In this district, commercial establishments are intended to serve the residents of the city, as well as visitors to the area. The priority of this district is to establish and support a mixture of commercial, cultural, governmental and residential uses that will help to ensure a lively pedestrian-oriented district. The Old Town District is designated as an Entertainment District as defined by § A.R.S. 4-207(D)(2).
('80 Code, App. A, § 95) (Ord. 583, passed 9-16-1952; Ord. O95-073, passed 10-18-1995)
(B) Applicability. The Old Town (OT) District shall be applicable to those historic downtown business and government centers and surrounding support uses established in the early history of the city.
('80 Code, App. A, § 95) (Ord. 583, passed 9-16-1952; Ord. O95-073, passed 10-18-1995)
(C) Permitted principal uses. The following uses as defined in the Standard Industrial Classification Manual (1987), (Executive Office of the President, Office of Management and Budget), or in § 154-01.07 of this chapter shall be permitted as a matter of right in the Old Town (OT) District:
(1) Local and suburban passenger transportation (SIC 411);
(2) Taxicabs (SIC 412) and horse drawn carriages and other non-motorized conveyances;
(3) Intercity and rural bus transportation (SIC 413);
(4) Bus charter service (SIC 414);
(5) Terminal and service facilities for motor vehicle passenger transportation (SIC 417);
(6) United States postal service (SIC 431);
(7) Arrangement of passenger transportation (including travel agencies and tour operators) (SIC 472);
(8) Water supply (SIC 494);
(9) Paint, glass and wallpaper stores (SIC 523);
(10) General merchandise stores (SIC 53);
(11) Food stores (SIC 54);
(12) Apparel and accessory stores (SIC 56);
(13) Home furniture, furnishings and equipment stores (SIC 57);
(14) Eating and drinking places (including outdoor dining) (SIC 58);
(15) Miscellaneous retail (SIC 59, except fuel dealers, SIC 598, shall not be permitted);
(16) Depository institutions (SIC 60);
(17) Nondepository credit institutions (SIC 61);
(18) Security and commodity brokers, dealers, exchanges and services (SIC 62);
(19) Insurance carriers (SIC 63);
(20) Insurance agents, brokers and service (SIC 64);
(21) Real estate (SIC 65);
(22) Holding and other investment offices (SIC 67);
(23) Hotels and motels (including bed and breakfast inns and conference facilities) (SIC 701);
(24) Rooming and boarding houses (SIC 702);
(25) Membership based lodging (SIC 704);
(26) Laundry, cleaning and garment services (SIC 721; excluding industrial launderers SIC 7218);
(27) Photographic studios, portrait (SIC 722);
(28) Beauty shops (SIC 723);
(29) Barber shops (SIC 724);
(30) Shoe repair shops and shoe shine parlors (SIC 725);
(31) Tax return preparation services (SIC 7291);
(32) Miscellaneous personal services (SIC 7299);
(33) Advertising agencies (SIC 7311);
(34) Consumer credit reporting agencies, mercantile reporting agencies and adjustment and collection agencies (SIC 732);
(35) Mailing, reproduction, commercial art and photography and stenographic services (SIC 733);
(36) Personnel supply services (SIC 736);
(37) Computer programming, data processing and other computer related services (SIC 737);
(38) Passenger car rental (SIC 7514);
(39) Automobile parking (temporary) (SIC 7521);
(40) Motion picture theaters (except drive-in) (SIC 7832);
(41) Video tape rental (SIC 784);
(42) Amusement and recreation services (including auditoriums, performing arts centers and physical fitness facilities) (SIC 79);
(43) Medical and dental offices (SIC 801 through 804);
(44) Legal services (SIC 81);
(45) Individual and family social services (SIC 8322);
(46) Child day care services (SIC 835);
(47) Residential care (SIC 836);
(48) Social services (not elsewhere classified) (SIC 839);
(49) Museums, art galleries and botanical and zoological gardens (SIC 84);
(50) Engineering, accounting, research, management and related services (including architects, designers, landscape architects and urban planners) (SIC 87);
(51) Public administration (SIC 91 through 97);
(52) Single-family dwellings;
(53) Duplex dwellings;
(54) Multiple-family dwellings;
(55) Planned unit developments;
(56) Artist’s and crafters studios and lofts;
(57) Itinerant uses;
(58) Correction centers;
(59) Visitor’s centers;
(60) Other uses as approved by the Zoning Administrator consistent with the purpose of the Old Town (OT) District;
(61) Wall-mounted and concealed/disguised personal wireless communication facilities in accordance with Article 19 herein are permitted as an accessory use for legally established nonresidential uses only;
(62) A roof-mounted (see § 154-19.06) personal wireless communication facility is permitted on a commercial building or a mixed-use building which is primarily nonresidential (75% of the use is nonresidential);
(63) The following permitted uses are allowed in combination with and may be contained in the same unit as a residential use as a live/work space:
(a) Holding and other investment offices (SIC 67);
(b) Photographic studio, portrait (SIC 722);
(c) Tax return preparation services (SIC 7291);
(d) Commercial art and photography and stenographic services listed under SIC 733 (mailing and reproduction services under this SIC are not included);
(e) Computer programming, data processing and other computer related services (SIC 737);
(f) Legal services (SIC 81);
(g) Engineering, accounting, research, management and related services (including architects, designers, landscape architects and urban planners) (SIC 87); and
(h) Artist’s and crafter’s studios and lofts.
(64) Farmers Markets on the Main Street right-of-way as approved through the City of Yuma special event permit process.
(65) Farmers Markets at the Depot State Historic Park as approved through the City of Yuma Heritage Area.
(66) Streets fairs on Main Street as approved through the City of Yuma Special Event Permit process.
(67) Streets fairs on Madison Avenue as approved through the City of Yuma Special Event Permit process.
(68) All other principal permitted uses within the Old Town District not listed above may be contained within the same building as residential units (see live/work building) within the Old Town District but must have separate entrances and be independent from the residential use. Required parking spaces are determined by the gross square footage attributed to each use as further defined in this section and Article 16.
(69) Community garden.
('80 Code, App. A, § 95) (Ord. 583, passed 9-16-1952; Ord. O95-073, passed 10-18-1995; Ord. O2000-35, passed 6-21-2000; Ord. O2002-09, passed 2-20-2002; Ord. O2004-52, passed 8-4-2004; O2012-22, passed 11-21-12; Ord. O2013-08, passed 2-20-2013; Ord. O2013-37, passed 8-7-2013; Ord. O-2015-021, passed 4-15-2015)
(D) Conditional uses. The following uses shall only be permitted upon the granting of a conditional use permit and compliance with all conditions as required therein:
(1) Drive-through facilities;
(2) Gasoline service stations (SIC 554);
(3) Carwashes (SIC 7542);
(4) Educational services (SIC 82);
(5) Job training and vocational rehabilitation services (SIC 833);
(6) Religious organizations (SIC 8661);
(7) Outdoor sales (except outdoor eating and drinking places and itinerant uses which are principal permitted uses);
(8) Utility installations;
(9) Membership organizations (SIC 86); and
(10) Other uses as approved by the Zoning Administrator which further the purpose of the Old Town (OT) District.
('80 Code, App. A, § 95) (Ord. 583, passed 9-16-1952; Ord. O95-073, passed 10-18-1995; Ord. O2013-08, passed 2-20-2013)
(E) Prohibited uses.
(1) Any adult oriented business as defined by § 154-01.07 shall be prohibited in the Old Town (OT) District;
(2) Wall strapping of a personal wireless communications facility is not permitted;
(3) Personal wireless communication facilities are not permitted in conjunction with legal nonconforming uses; and
(4) The use of lattice tower structures for any personal wireless communication facility is not permitted.
('80 Code, App. A, § 95) (Ord. 583, passed 9-16-1952; Ord. O95-073, passed 10-18-1995; Ord. O2000-35, passed 6-21-2000) Penalty, see § 154-999
(F) Property development standards. In addition to the regulations and requirements contained in other sections of this chapter, the following minimum property development standards apply to all land and buildings in the Old Town (OT) District as may be designated on the official zoning map.
(1) Lot size. The minimum lot size in the Old Town (OT) District shall be 1,500 square feet.
(2) Lot width. The minimum lot width in the Old Town (OT) District shall be 15 feet.
(3) Lot coverage. The maximum lot coverage in the Old Town (OT) District shall be 100%.
(4) Lot area. Projects with a residential component are required to provide a minimum of 2,000 square feet of lot area per residential unit for subdivisions or multi-family units on any project less than two acres in size and 1,000 square feet of lot area per residential unit for subdivisions or multi-family units on land equal to or greater than two acres.
(5) Setbacks. The following is a list of the minimum yard setbacks for the Old Town (OT) District:
(a) Minimum front yard building setback. Zero feet;
(b) Minimum side yard building setback. Zero feet;
(c) Minimum rear yard building setback. Zero feet;
(d) Minimum street side yard building setback. Zero feet;
(e) Minimum on-site landscape setback to on-site parking. Three feet; and
(f) Note. No structures shall be constructed within a required visibility triangle.
(6) Building height. Except as provided in § 154-15.03 of this chapter, the maximum building height shall be 75 feet. The minimum building height in the Old Town (OT) District shall be 16 feet. The maximum building height shall be reduced to 20 feet (one story maximum) for all land located within 60 feet of any single-family residential district located on the same side of a street.
(7) Landscaping and irrigation. No landscaping or irrigation materials required by this subchapter shall be installed without a permit issued by the Zoning Administrator. All landscaping and irrigation design plans for property within the Old Town (OT) District shall be submitted for review and approved by the Zoning Administrator. The Design and Historic Review Commission shall hear all appeals of such decisions made by the Zoning Administrator for property in the Old Town (OT) District. Landscaping and irrigation shall be provided as follows:
(Ord. O2009-54, passed 10-21-2009)
(a) For all development, landscaping shall be provided as required in Article 20 of this chapter;
(b) Street landscape setbacks adjacent to on-site required and provided parking shall include the following items:
1. A mixture of minimum size five-gallon shrubs and vegetative ground cover;
2. One minimum size 24-inch box tree at minimum 50 foot intervals; and
3. A three foot to four foot high wrought iron fence or fence of similar open design.
(c) Automatic irrigation system.
(8) Off-street parking. Off-street parking in the Old Town (OT) District shall be provided in accordance with Article 16 of this chapter, off-street parking and loading regulations and further provided as follows:
(a) For buildings erected with building permits issued on or before November 1, 1995, no off-street parking shall be required;
(b) For buildings containing 5,000 square feet or less gross floor area, erected with building permits issued after November 1, 1995, no off-street parking shall be required; and
(c) For buildings containing more than 5,000 square feet gross floor area, erected with building permits issued after November 1, 1995, off-street parking shall be provided as required by Article 16 of this chapter.
(9) Encroachments. Building encroachments, including outdoor dining areas, planter boxes, benches, landscape features, architectural features, awnings, arcades, columns, building floors above the first floor, signs and lighting may encroach into any portion of the public right-of-way not used for vehicular or pedestrian circulation upon submittal of detailed plans for receipt of administrative approval by the Zoning Administrator and issuance of an encroachment permit by the City Engineer.
(Ord. O2010-32, passed 7-7-2010)