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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 home;
(48) Nursing and personal care facility;
(49) Social services (not elsewhere classified) (SIC 839);
(50) Museums, art galleries and botanical and zoological gardens (SIC 84);
(51) Engineering, accounting, research, management and related services (including architects, designers, landscape architects and urban planners) (SIC 87);
(52) Public administration (SIC 91 through 97);
(53) Single-family dwellings;
(54) Duplex dwellings;
(55) Multiple-family dwellings;
(56) Planned unit developments;
(57) Artist’s and crafters studios and lofts;
(58) Itinerant uses;
(59) Correction centers;
(60) Visitor’s centers;
(61) Other uses as approved by the Zoning Administrator consistent with the purpose of the Old Town (OT) District;
(62) 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;
(63) 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);
(64) 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.
(65) Farmers Markets on the Main Street right-of-way as approved through the City of Yuma special event permit process.
(66) Farmers Markets at the Depot State Historic Park as approved through the City of Yuma Heritage Area.
(67) Streets fairs on Main Street as approved through the City of Yuma Special Event Permit process.
(68) Streets fairs on Madison Avenue as approved through the City of Yuma Special Event Permit process.
(69) 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.
(70) 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; Ord. O2023-036, passed 11-15-2023)
(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) Density. Projects with a residential component are required to provide the following square footage of lot area per residential unit:
(a) Single-family projects shall provide a minimum of 2,000 square feet of lot area per residential unit.
(b) Two-family projects shall provide a minimum of 1,500 square feet of lot area per residential unit.
(c) On lots less than two acres in size, multi-family projects shall provide a minimum of 630 square feet of lot area per residential unit. On lots greater than two acres in size, multi-family projects shall provide a minimum of 1,000 square feet of lot area per residential unit.
(d) For multi-family projects regulated by Section (c) above, the Zoning Administrator shall have the authority to consider density increases, through site plan approval which incorporate sustainability, mixed-use, walkability, and/or public art into the development or provide parking in excess of the requirements of this code. The Zoning Administrator shall have the authority to approve up to a 40% density increase beyond the densities permitted in Section (c) above.
(Ord. O2021-030, passed 10-6-2021)
(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.
(d) Properties located within the Main Street Mall and Off Street Parking Maintenance District No. 1 shall be exempt from the minimum parking space requirements of the zoning ordinance.
(Ord. O2021-030, passed 10-6-2021)
(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)
(A) Applicability. Property located in the Old Town (OT) District, but not also located in the Historic Overlay District, shall automatically be included within the Aesthetic Overlay (AO) District. The City Design and Historic Review Commission shall review any proposed development, alteration or demolition permit for property located in the Old Town (OT) District.
(Ord. O2009-54, passed 10-21-2009)
(B) General requirements. The following design guidelines are used in the review of designs within the Old Town (OT) District and contain important considerations for projects under review by the Design and Historic Review Commission:
(Ord. O2009-54, passed 10-21-2009)
(1) The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating and Reconstructing Historic Buildings (1995), and The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for the Treatment of Cultural Landscapes (1996) are applied to the review of any properties that are within the Historic District Overlay and the Old Town (OT) District;
(2) Main Street Historic District Design Guidelines, as prepared by the Urban Design Studio. These guidelines pertain to those properties located within the Yuma Main Street National Historic District;
(3) City of Yuma Downtown Kit of Parts, as prepared by EDAW and Deardorff Design Resources, July 7, 2000. This guideline contains elements that are utilized in the Old Town (OT) District rights-of-way and has preferences for a variety of elements and should be consulted for all items to be placed in or adjacent to the Old Town (OT) District rights-of-way;
(4) Yuma Crossing Design Guidelines, as prepared by Wayne Donaldson Architects, June 2, 2003. These design guidelines apply to those properties located between 4th Avenue, Penitentiary Avenue, the Colorado River and 1st Street; and
(5) Aesthetic Overlay (AO) District Design Guidelines, as presented within the creation of the Aesthetic Overlay Zoning District, Planning and Zoning Case Z93-2 and adopted by City Ordinance No. 2263 on July 20, 1994. These guidelines pertain to all properties within the Old Town (OT) District which are not also located within the Historic (H) Overlay District.
(Ord. O2010-32, passed 7-7-2010)
(A) General regulations. All signs within the Old Town (OT) District are to be designed and installed in conformance with the following district permitted signage types and sign regulations. Additionally, all signs shall be designed and installed in conformance with the adopted Old Town (OT) District sign guidelines. For the purpose of this chapter, certain words and terms are defined in § 154-01.07 of this chapter. Signs shall be installed only as follows:
(1) No signs shall be erected or installed unless a sign permit is issued by the Zoning Administrator;
(2) Sign permits shall be required for the following permitted types of signs; and
(3) Signs shall be reviewed by the Design and Historic Review Commission for all properties in the Old Town (OT) District.
(Ord. O2009-54, passed 10-21-2009)
(B) Permitted sign types.
(1) Under canopy signs;
(2) Business wall-mounted signs;
(3) Awning signs;
(4) Blade or protecting signs;
(5) Building address numbers;
(6) Marquee signs for movie and theater uses;
(7) Murals and supergraphics not advertising a business specifically approved by the Design and Historic Review Commission;
(Ord. O2009-54, passed 10-21-2009)
(8) Permanent painted window signs, first floor limited to 20% of the window area;
(9) Temporary window signs, limited to 20% of the first floor’s glass areas and to four 30-day periods per calendar year;
(10) Building signs containing the name of the business at rear entrances used by customers;
(11) Freestanding signs for properties containing at least 300 feet of frontage and where the building is setback at least 20 feet from the front property line; and
(12) Temporary “For Sale”/“For Lease” signs.
(C) Prohibited signs.
(1) Freestanding signs unless lot has over 300 feet of road frontage and building is setback a minimum of 20 feet from road;
(2) Any signs above the first story (except windows);
(3) Roof-mounted signs;
(4) Animated signs, except time and temperature displays;
(5) Noise emitting signs;
(6) Rotating, moving or flashing signs;
(7) Light bulb strings, except holiday decorations;
(8) Off-site signs and billboards;
(9) Banners except for special events for a period of 15 days;
(10) Pennants, streamers and bunting, except holiday decorations;
(11) Portable signs;
(12) Traffic sign replicas;
(13) Balloon signs;
(14) Bunting;
(15) Formed plastic or injection molded internally illuminated plastic signs; and
(16) Pole signs.
(D) Sign standards. All signs for property in the Old Town (OT) District shall be reviewed and approved by the Design and Historic Review Commission.
(Ord. O2009-54, passed 10-21-2009)
(1) Wall-mounted signs. For street level businesses, a maximum of one square foot per linear front foot of business establishment, to be located not higher than the lowest of the following:
(a) Twenty-five feet above grade;
(b) Bottom of the sill line of the second floor windows; or
(c) Cornice line of the building.
(2) Permanent window signs. On ground level, coverage shall not exceed 20% of the total window and door area visible from the exterior of the building; on the second and third levels, coverage shall not exceed 30% per window (No window signs permitted above the third level).
(3) Awning signs. On ground floor level; 30% maximum coverage allowed of the total exterior surface area of each awning. On the second floor level and above; 20% maximum coverage allowed of the total exterior surface area of each awning.
(4) Projecting signs. Allowed; maximum projection of signs shall not exceed three feet.
(5) Under canopy signs. Allowed under a canopy, roof, covered walkway or porch; maximum size of four square feet per door entrance; minimum of seven foot vertical clearance shall be required from pedestrian walking grade to the bottom of the sign.
(6) Major tenant or building name signs. For buildings containing more than one story, a sign consisting of individual backlit or nonilluminated letters identifying the major tenant of a building or the name of the building, may be placed on the building wall near the top of the building.
(Ord. O2009-54, passed 10-21-2009)
(E) Sign examples.
Illustrative Example 1 - Types of Signs
Examples of Monument Signs
Examples of Pedestal Signs
Examples of Pole Signs
Example of Other Types of Signs
('80 Code, App. A, § 95) (Ord. 583, passed 9-16-1952; Ord. O95-073, passed 10-18-1995; Ord. O96-56, passed 6-5-1996; Ord. O2001-94, passed 11-20-2001; Ord. O2003-61, passed 11-19-2003; Ord. O2004-52, passed 8-4-2004; Ord. O2010-32, passed 7-7-2010) Penalty, see § 154-999
(A) Purpose. The purpose of the Historic Park District (HP) is to promote the public health, safety and general welfare within the district by:
(1) Creating a cohesive, identifiable character for the Historic Park District;
(2) Allowing site organization which takes best advantage of the district’s location, surroundings and historic setting;
(3) Minimizing conflicts between pedestrians and automobiles and creating convenient public parking areas which are as unobtrusive as possible; and
(4) Providing for historical settings, buildings, structures, exhibits, landscaping, trails and reenactment activities and related uses in keeping with historical themes.
('80 Code, App. A, § 115) (Ord. 583, passed 9-16-1952; Ord. O95-035, passed 7-25-1995)
(B) Applicability. The provisions and regulations of the Historic Park District are intended to allow the establishment, preservation and enhancement of significant historic sites and historic reenactment settings within the city. It is the intent of the Historic Park District to provide development standards and permitted uses appropriate to historic settings and limit the intrusion of contemporary development standards and use separations which might compromise the accurate portrayals of historic settings.
('80 Code, App. A, § 115) (Ord. 583, passed 9-16-1952; Ord. O95-035, passed 7-25-1995)
(C) Permitted principal uses.
(1) Public and private parks including restroom and picnicking facilities;
(2) Exhibition, restoration and recreation of historic buildings, structures and settings;
(3) Reenactment activities including overnight camping by reenactor personnel;
(4) Animal keeping, including large animals such as horses, mules and cattle, provided that:
(a) All animals are part of historic reenactments and settings;
(b) All animals are housed in pens, pastures or corrals situated at least 150 feet from adjacent privately owned property, not located in the Historic Park District; and
(c) Not more than 25 large animals are kept on any one acre of land.
(5) Retail sales; food and beverage sales;
(6) Business and light industrial uses consistent with historic themes, such as wheel wright, blacksmith or ferry boat operations;
(7) Office uses consistent with the maintenance and operation of an historic park and also office uses consistent with historical themes;
(8) Storage facilities consistent with the maintenance and operation of an historic park and also uses consistent with historic themes. All storage shall be within enclosed buildings or shall be screened by solid walls not less than six feet in height, unless such storage is integral to an historic exhibit or reenactment;
(9) Itinerant uses;
(10) Permanent residences for the purpose of on-site caretakers quarters;
(11) Agricultural uses consistent with historic reenactments and settings;
(12) Parking and loading facilities to serve the visiting public and employees. All public visitor parking areas shall be improved and paved in the manner specified by Article 16 of this chapter. Parking shall not be required for specific uses permitted listed in this section; and
(13) Community garden.
('80 Code, App. A, § 115) (Ord. 583, passed 9-16-1952; Ord. O95-035, passed 7-25-1995; Ord. O2015-021, passed 4-15-2015)
(D) Permitted accessory uses. Accessory uses of buildings or structures customarily incident to a use permitted by this subchapter such as barns, corrals, stables and sheds.
('80 Code, App. A, § 115) (Ord. 583, passed 9-16-1952; Ord. O95-035, passed 7-25-1995)
(E) Conditional uses.
(1) The keeping of more than 25 large animals on any one acre of land; and
(2) Other uses that meet the purpose and development standards as specified herein.
('80 Code, App. A, § 115) (Ord. 583, passed 9-16-1952; Ord. O95-035, passed 7-25-1995)
(F) Property development standards. To meet the purpose of this district, all uses shall comply with the following minimum development standards.
(1) Area and location. The minimum area for the Historic Park District shall be five acres (or smaller contiguous parcels with a total aggregate area of five acres) and with a Master Plan of Development approved by the City Planning and Zoning Commission.
(2) Building requirements. All buildings shall conform to an historical theme(s). All applications for building permits shall be reviewed and approved by the City Zoning Administrator with right of appeal to the City Design and Historic Review Commission.
(3) Yards. All buildings, including accessory structures, shall be set back a minimum of 20 feet from any property line shared with a residential zoning district. Required yard setbacks shall be landscaped as set forth in Article 20 of this chapter and shall not be used for parking or loading.
(4) Lighting. All exterior lighting shall be arranged and located as to direct the light away from any adjoining residential district.
(5) Signage. Signage for purposes of identification and promotion may be provided on the same premises as the use being served, and shall be clearly incidental to such use. All signage shall comply with the following minimum standards.
(a) Freestanding identification and directional signage shall be subject to the review and approval of the City Zoning Administrator with the right of appeal to the City Design and Historic Review Commission.
(b) All signage not covered by division (F)(5)(a) above for historic buildings, structures, exhibits or reenactment areas shall not be subject to number, size, area or height restrictions, however shall be of the number, size, area and height as would be appropriate to their historical context. All such historical signage shall be subject to the review and approval by the City Zoning Administrator with the right of appeal to the City Design and Historic Review Commission.
(6) Landscaping. The provisions of Article 20 of this chapter shall apply only to required yard setbacks adjacent to residential district, and to parking lots provided for use by the visiting public.
('80 Code, App. A, § 115) (Ord. 583, passed 9-16-1952; Ord. O95-035, passed 7-25-1995; Ord. O2010-32, passed 7-7-2010) Penalty, see § 154-999
(A) Purpose. The Military Reservation (MR) District is created to establish an appropriate zoning district for federally owned land controlled or owned by the Department of Defense for military purposes. The Military Reservation District recognizes the federal government’s position to control and utilize such land for military purposes in accordance with the supremacy clause of the United States Constitution, and the military’s responsibility to ensure sound stewardship of federal lands under their control or ownership
(B) Applicability. The Military Reservation (MR) District shall be applicable to federally owned land controlled or owned by the Department of Defense for military purposes.
(C) Permitted principal uses. As determined by the federal government and the respective federal entity utilizing such land controlled or owned by the Department of Defense for military purposes.
(D) Conditional uses. None.
(E) Property development standards. None.
(Ord. O2000-36, passed 6-21-2000; Ord. O2010-32, passed 7-7-2010)
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