§ 154-14.04 Historic Overlay District (H).

(1) The Aesthetic Overlay District is an overlay to the underlying zoning district which may be used in combination with any zoning district provided in this zoning code. The purpose of the Aesthetic Overlay District is to enhance the community’s image and attractiveness through creation of visually pleasing and inviting entryways of the city as well as providing community focal points or areas where the design of the physical improvements and landscape enhances the community’s appearance.

(Ord. O2009-54, passed 10-21-2009)

(2) This purpose is to be accomplished by:

(a) Creating review procedures that establish the authority to review, recommend and approve proposed physical design elements within the viewshed and the general location of major transportation corridors that are prominent entry points to the city;

(b) Focusing on community design principles that result in creative, imaginative solutions, that establish high quality design for specific areas of the city;

(c) Providing for site development that utilizes the unique characteristics of the site (such as location, surroundings, topography or natural resources) and creates areas which are visually attractive to both the occupants, tenants and the general public;

(d) Minimizing conflicts between automobiles, pedestrians and bicycles; creating parking and loading/unloading areas which are attractive and unobtrusive; and maintaining efficient vehicular circulation;

(e) Providing safe and convenient access between and within all development in the district; and

(f) Providing landscaping which visually enhances both on-site and off-site development.

('80 Code, App. A, § 113) (Ord. 583, passed 9-16-1952; Ord. 2663, passed 7-20-1994; Ord. O2009-54, passed 10-21-2009)

(B) Applicability.

(1) The Aesthetic Overlay District does not modify uses permitted in existing zones, but that the district be superimposed over existing zones with each use conforming to the development standards required by the underlying zoning district. The provisions and regulations of the Aesthetic Overlay District are in addition to all other provisions and regulations of the zoning code that apply to the underlying zoning as determined on the official zoning map of the city. Should provisions of the Aesthetic Overlay District conflict with other provisions of the zoning code or the General Plan, the more restrictive provisions shall apply.

(2) The Aesthetic Overlay District may be used in combination with any zoning district provided in the zoning code.

('80 Code, App. A, § 113) (Ord. 583, passed 9-16-1952; Ord. 2663, passed 7-20-1994; Ord. O2009-54, passed 10-21-2009)

(C) Design review procedure. The project design plan shall be submitted and approved by the Design and Historic Review Commission (DHRC) prior to the issuance of any construction or development permits (see § 154-03.08).

(Ord. O2009-54, passed 10-21-2009)

(D) Property development standards.

(1) Walls and fences.

(a) Any decorative or screening walls or fences must be either a masonry design or a well-foliaged plant wall.

(b) Chain link fencing, with or without slats, is not an acceptable screening or fencing material for areas visible from a public street. Razor wire, concertina wire or similar material shall not be used in areas visible from a public street.

(c) Walls located on a property line shall provide a minimum five foot wide landscaping strip located along said walls. Landscaping within this strip shall meet the requirements stated in Article 20 of this chapter.

(2) Landscaping.

(a) All landscaped areas, whether required or provided voluntarily, shall meet the requirements stated in Article 20 of this chapter.

(b) All landscape materials shall be allowed to grow to their natural height and shape appropriate for that plant.

(d) Buildings shall be located so that the building does not abut paved parking areas or drive aisles. A minimum five foot wide landscape strip shall be provided between parking areas or drive aisles and the building. This landscape strip shall not be included in the calculation of interior parking lot landscaping required in Article 16 of this chapter. Twenty-five percent of the square footage of the landscape strip requirement may be used for pedestrian sidewalks. This landscape strip requirement shall be waived for areas adjacent to the building that are designed as access to loading dock(s) and delivery areas and that are screened from view from public streets.

(e) Accessible pedestrian route(s) shall be provided between public street sidewalks and accessible entrances to buildings on site.

(3) Signs.

(a) Project identification signs shall be placed on monuments, building facades or on low profile walls.

1. Monument signs. To encourage design flexibility, the maximum height of the sign may be lowered in order to decrease required setback from the street. No signs shall be permitted within visibility sight triangles. Low profile signs may be setback from the property line as follows:

Over 6 feet in height	12-foot setback
4 feet to 6 feet	6-foot setback
4 feet or less	2-foot setback

2. Pedestal sign; and

3. Signs shall be fully integrated with the design of the building and the site development, reflecting the architecture and the building materials. The means of integrating signs with the architecture of the building shall be achieved through replication of architectural embellishments, colors, building materials, texture and other elements found in the building design.

(b) Window signs shall not exceed two square feet in area per tenant space and are limited to business identification, hours of operation, address and emergency information.

(d) Lettering or icons located on canopies or awnings shall not exceed 5% of the total square footage of the canopy or awning located on the particular facade on which the canopy or awning is attached.

(e) The following sign types are prohibited in the Aesthetic Overlay District:

1. Animated signs;

2. Portable signs;

3. Revolving signs;

4. Flashing signs;

5. Banner signs;

6. Swinging signs;

7. Under-canopy signs;

8. Roof-mounted signs;

9. Internally-lit awning and canopy signs; and

10. Pole mounted signs.

(4) Utilities. All utilities shall be placed underground. In the event an above ground electrical transformer is located outdoors on any site within the Aesthetic Overlay District, it shall be screened from view with a landscaping and not located within any setback area. If the transformer cannot be screened, it shall be located in an underground vault. Exceptions to this requirement are as follows:

(a) Transformers, pedestal-mounted terminal boxes, meter cabinets and concealed ducts may be placed above ground, if they are used solely in connection with the underground transmission or distribution lines;

(b) Poles supporting street lights;

(c) If topography, soil or other physical conditions prevent underground installation of utilities unreasonable or impractical, the Design and Historic Review Commission may waive the requirement; and

(d) The remodeling of existing structures, where the cost of remodeling is less than 50% of the replacement cost of the existing structure as determined for building permit fees shall be exempt.

(5) Parking structures.

(a) Parking lot landscaping shall be designed to include tree varieties to provide shaded parking at growth maturity for a minimum of 30% of the required parking stalls.

(b) A bike rack shall be provided for each building on site.

(6) Lighting. Minimum standards for lighting for properties located within the Aesthetic Overlay District are as follows.

(a) Aisles, passageways and recesses related to and within the building complex shall be illuminated with an intensity of an average of 0.5 footcandles at the ground level and at seven feet vertical between sunset and sunrise.

(b) Open parking lots shall be illuminated with an average of 0.5 footcandles with a minimum 0.2 footcandles over the parking spaces and at seven feet vertical between sunset and sunrise.

(c) All exterior entrances shall be illuminated with an average of five footcandles at ground level and at seven feet vertical between the hours of sunset and sunrise, with a minimum 15-foot radius from the center point of the entrance.

(d) Closed and covered parking structures and carports shall be illuminated with an average of five footcandles at ground level and at seven feet vertical between the hours of sunset and sunrise; during daylight hours, the area shall be illuminated with a minimum of ten footcandles.

(e) Greenway trails, pathways, linear parks, multi-use trails and similar facilities shall be illuminated with a minimum of 0.5 average footcandles at ground level and at seven feet vertical between sunset and sunrise.

(f) Lighting devices shall be protected by weather and vandal-resistant covers.

('80 Code, App. A, § 113) (Ord. 583, passed 9-16-1952; Ord. 2663, passed 7-20-1994; Ord. O2001-94, passed 11-20-2001; Ord. O2003-38, passed 8-20-2003; Ord. O2009-54, passed 10-21-2009; Ord. O2024-034, passed 10-16-2024) Penalty, see § 154-999

(E) Aesthetic Overlay District Design guidelines. The Aesthetic Overlay District Design guidelines upon adoption by the City Council, shall be used in conjunction with this chapter to provide guidance for the property owners, tenants and design professionals in the preparation of a project design plan.

('80 Code, App. A, § 113) (Ord. 583, passed 9-16-1952; Ord. 2663, passed 7-20-1994)

(F) Building permits based upon approved project design. Within one year of approval of a project design by the Design and Historic Review Commission, a building permit may be granted for a site based upon the project design approved by the Design and Historic Review Commission. If more than one year has elapsed since approval of the project design for that location, such design plan shall be resubmitted to the Design and Historic Review Commission to accept or modify the design previously approved, prior to issuance of a building permit.

('80 Code, App. A, § 113) (Ord. 583, passed 9-16-1952; Ord. 2663, passed 7-20-1994; Ord. O2009-54, passed 10-21-2009)

(G) Amendments to approved project design. Any substantial amendment or modification to an approved project design shall be reviewed by the Design and Historic Review Commission.

('80 Code, App. A, § 113) (Ord. 583, passed 9-16-1952; Ord. 2663, passed 7-20-1994; Ord. O2009-54, passed 10-21-2009)

(H) Minor project design plan changes within the Aesthetic Overlay.

(1) The Zoning Administrator, or his or her designee, shall have the authority to review modifications to an approved project design only for minor changes that do not substantially change the visual appearance of the project as approved by the Design and Historic Review Commission. The Design and Historic Review Commission will be advised of any administrative decisions pursuant to this section.

(2) Minor project design changes include, but are not limited to:

(a) Slight color palette changes;

(b) Exterior wall or fencing alterations;

(d) Insignificant signage material or color changes.

('80 Code, App. A, § 113) (Ord. 583, passed 9-16-1952; Ord. 2663, passed 7-20-1994; Ord. O2008-31, passed 8-6-2008; Ord. O2009-54, passed 10-21-2009; Ord. O2010-32, passed 7-7-2010)

§ 154-14.02 AutoCenter Overlay District (ACO).

(A) Purpose.

(1) The AutoCenter Overlay District is an overlay zoning district which may be used in combination with the B-2 General Commercial district provided in this zoning code. The purpose of the AutoCenter Overlay District is to retain and expand a major component of the city’s sales tax and employment base by permitting a clustering of automobile sales and related uses in an environment that provides an attractive shopping experience for the purchase of automobiles.

(2) This purpose is to be accomplished by:

(a) Using a right-of-way and setback area improvement design to help create a unique, attractive and visually cohesive shopping district which showcases and emphasizes the sale and appeal of new and used vehicles while preserving the functionality of the streets and improving the amount of and access to parking;

(b) Using the required setback areas to serve a dual purpose. The primary purpose will be to preserve future rights-of-way needs and provide required landscaping. Another purpose will be to use the setback areas, where appropriate, as a display area for cars. Accordingly, travel lanes internal to the site may be reduced in certain areas and setback areas may be used for new vehicle display;

(d) Providing uniform and unobstructive landscaping which visually enhances both on-site and off-site development;

(e) Providing meandering public sidewalks to and through adjoining properties; and

(f) Creating review procedures that establish the authority to review, recommend and approve proposed improvement projects within the AutoCenter Overlay District.

(Ord. O2000-52, passed 8-2-2000)

(B) Applicability.

(1) The AutoCenter Overlay District does not modify uses permitted in the existing General Commercial (B-2) District but does allow an overlay district to be superimposed over existing B-2 zones with each use conforming to the development standards required by the underlying zoning district. The provisions and regulations of the AutoCenter Overlay District are in addition to all other provisions and regulations of the zoning code which apply to the underlying zoning as determined on the official zoning map of the city. Should provisions of the AutoCenter Overlay District conflict with other provisions of the zoning code or the Yuma General Plan, the AutoCenter Overlay District provisions shall apply where development standards for rights-of-way, landscaping, signage and setback areas are concerned. Airport Overlay District development requirements, including, but not limited to provisions in the RADSA, when adopted, supersede any provisions of the AutoCenter Overlay District.

Editor’s note:

RADSA - Runway Approach and Departure Area as provided in the City/County Joint Land Use Plan, City of Yuma General Plan

(2) The AutoCenter Overlay District may be used in combination with the B-2 Zoning District provided in the zoning code, provided that a minimum of 40 acres exist within a given area to warrant such a district (minimum district size is 40 acres).

(Ord. O2000-52, passed 8-2-2000)

(1) Setbacks. The intent is to provide an attractive and dramatic setting for the display of vehicles. New vehicles displays are to be the focal point of the setback. Landscaping may be used to provide a setting of beauty and visual interest that would enhance the focal points.

(a) The landscape area may extend to and include portions of the public right-of way.

(b) Meandering sidewalks shall be constructed within the public right-of-way outside the 15 foot setback area.

(d) Isolated new car vehicle display pads may be located within this 15 foot landscaped setback area, provided they will not conflict with sight visibility triangles. Two-thirds of the landscaped area shall be reserved for landscaping. Up to one-third of the surface area within the setback may be used for the isolated/distinct vehicle display pads.

(e) The landscape emphasis should be on low-mounded turf with accents of ground covers, low shrubs, linear placement of palm trees and hard landscape features.

(f) Freestanding light pole fixtures maybe included in the 15 foot landscape setback area, strategically placed at the corners of the new car vehicle display pads to accent the vehicles. Dual box-style lighting fixtures, of a uniform height and color, shall be used within the 15 foot landscape setback area.

(2) Rear vehicle storage yards. The following development standards apply to rear vehicle storage yards over one acre in size and located a minimum 300 feet from an arterial road upon which the business has frontage:

(a) An all-weather crushed gravel ground cover may be utilized in lieu of the general blacktop/asphalt code requirement for paving; and

(b) Landscaping requirements may be reduced by 50%.

(3) Signs. The following development standards apply to signs for automobile dealership franchises within the AutoCenter Overlay District:

(a) Signs are permitted a maximum 20% increase from the development standard or dimension required within the zoning code where a practical difficulty, unnecessary hardship or a result inconsistent with the general purposes of the zoning code would occur from its strict and literal interpretation and enforcement;

(b) Multiple automobile dealership franchises on a single parcel may be permitted additional freestanding signage per the following standards and criteria:

Table No. 1 - AutoCenter Overlay Signage
Zoning District	Type of Installation	Max. Total Area of All Sign Faces	Max. Area of Any Sign Face	Max. Number of Signs	Max. Height W/in Street Setback	Max. Height Outside of Street Setback
B-2 ACO	F-S	1 sq. ft. per 1 lineal foot of street frontage upon which the sign is located	300 sq. ft.	For parcels with less than 300 feet of street frontage: 1 per street frontage For parcels with 300+ feet of street frontage: 1 per each separate auto franchise not to exceed 2 per street frontage (a)	See § 154-17.03(C) Footnotes: Table No.5 and Table No.6
(a) Such signs shall be located a minimum of 60 linear feet from any other F-S sign.

(c) To create a sense of place and assist in the marketing and appeal of the AutoCenter Overlay District, uniform “Olympic style” vertical street banners may be used throughout the District subject to review and approval by the Clean and Beautiful Commission. Such banners may be incorporated into street light standards or hung on special poles and shall only identify the autocenter and/or its autocenter logo. No private business shall be advertised.

(Ord. O2000-52, passed 8-2-2000; Ord. O2002-04, passed 2-6-2002; Ord. O2010-09, passed 2-3-2010)

(D) Design review procedures. AutoCenter Overlay District development standards shall be incorporated into any project plans submitted to the city for which a development permit is required. The Zoning Administrator, or his or her authorized representative, shall review all AutoCenter Overlay District development standards incorporated in such project plans to ensure compliance with the intent and spirit of the district.

(Ord. O2000-52, passed 8-2-2000; Ord. O2010-32, passed 7-7-2010)

§ 154-14.03 Bed and Breakfast Overlay District (BB).

(A) Purpose and intent. This overlay district is adopted to provide for overnight tourist accommodations within residences or guest houses, located in variously zoned properties within the area identified as the Bed and Breakfast Overlay District, as reflected on the city zoning map. The bed and breakfast shall not be used by the public or paying guests for the hosting of receptions, private parties or the like. A bed and breakfast use must comply with all other provisions of the zone in which it is located and must comply with all other ordinances of the city.

(Ord. O99-92, passed 1-5-2000)

(B) Property development standards.

(1) Eligible facilities. The primary residential structure on the property and any allowed guest house are facilities that are permitted to be used for bed and breakfast activities. Only site-built structures are permitted. Any structure that the city recognizes as historical can be converted to a bed and breakfast. One bed and breakfast facility shall be allowed per legal parcel of land (maximum of four bed and breakfast sleeping rooms per parcel). If two adjacent parcels of land are under one ownership, the resident host can live on one parcel and the bed and breakfast facility can occur on the adjacent parcel. The maximum occupancy of the entire bed and breakfast, including the resident host and family, shall be ten.

(2) Number of guest rooms. The maximum number of bed and breakfast guest rooms shall be four. This maximum does not include the resident host’s sleeping room(s).

(3) Length of stay. The length of stay shall be limited to a minimum of one night and a maximum of 90 days in a 12-month period. In cases where the guests are not related by marriage or blood, the stay shall be limited to a maximum of 30 days.

(4) Kitchen facilities. No food preparation or storage facilities (microwave, oven/stove, refrigerator) shall be allowed in the bed and breakfast sleeping rooms, except for a coffee maker provided by the bed and breakfast. The only kitchen facility on the property shall be the main kitchen used by the resident host.

(5) Bathroom facilities. The bed and breakfast function shall have one three-quarters or full bath facility, separate from the resident host’s required three-quarters or full bath room facility.

(6) Inspections/licensing registration. The following licensing conditions apply:

(a) A business license must be in the owner’s name, identifying the resident host of the facility;

(b) The resident host must live on the premises;

(d) A person who does not reside at the home shall not be employed to assist in the conduct of the bed and breakfast business, except as usual for a residential use (i.e., gardener, pool maintenance and the like);

(e) A guest room shall not be located in the basement or attic without meeting the UBC requirements for exiting;

(f) The bed and breakfast shall be made available for annual inspections to ensure compliance with the provisions of this district;

(g) For annual license fee purposes, bed and breakfast uses shall be considered hotels; and

(h) The resident host shall maintain a guest register for accounting/tax purposes.

(7) Signage. Signs for the bed and breakfast function shall be limited to four-square feet with a maximum dimension of four feet. Design review is required if the signage is proposed to be lit. The sign(s) shall complement the nature of the use and be placed near the front door, walkway, over the porch, back door or on the mail box post.

(Ord. O2010-09, passed 2-3-2010)

(8) Off-street parking. On-site parking shall be provided per the following:

(a) One and two bed and breakfast rooms. One space;

(b) Three and four bed and breakfast rooms. Two spaces; and

(c) Resident host. Additionally, one on-site space shall be provided for the resident host. All required parking spaces shall be paved. Pavers or turf-blocks may be used to allow for percolation of stormwater runoff. The creation of on-site parking shall not reduce or eliminate the required front yard setback and required landscaping.

(9) Exterior lighting. Any exterior lighting shall be residential in nature and character. Lighting shall be located so as to minimize off-site illumination and direct the light away from any public or private street right-of-way or from any residential district or use. All exterior lighting shall be approved by the Design and Historic Review Commission. Lighting shall be in accordance with Article 18 of this chapter of the City Code. No color lighting shall be permitted.

(10) Sanitary sewer requirement. Structures used for the purpose of providing bed and breakfast facilities shall be connected to and use a sanitary sewer system. Septic systems are not acceptable.

(11) Fire protection. Smoke detectors shall be installed in each sleeping room. A fire escape route shall be identified and placed on the inside door of each bed and breakfast sleeping room.

(12) Conformance with UBC. The facilities used for bed and breakfast purposes shall comply with the Uniform Building Code or the Uniform Code for Building Conservation, as required by those codes.

(13) Cleaning requirements. The resident host shall provide clean linens and towels as necessary, as well as adequate heating and cooling, ventilation, water and sewage disposal. The resident host shall maintain the outside area in a clean and sanitary manner and shall properly clean the premises and facilities during the guest’s stay and after each guest has departed.

(Ord. O99-92, passed 1-5-2000)

(C) Additions to the Overlay District. Any addition to the Overlay District shall follow the Amendment process as outlined in Article 3, § 154-03.03. Additional areas of the city may be added to the overlay district, subject to all the following criteria:

(1) The proposed area must be contiguous to the existing Bed and Breakfast Overlay boundary;

(2) The proposed area must be bounded on all sides by public rights-of-way; and

(3) The proposed area must be a minimum of two and one-half net acres in size.

(Ord. O99-92, passed 1-5-2000; Ord. O2010-32, passed 7-7-2010)

§ 154-14.04 Historic Overlay District (H).

(A) Purpose and intent. The purpose and intent of this section is 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 through the designation of sites and districts of historical significance. It is not intended that the designation of a site or a district as historic should modify uses permitted in existing zones, but rather, the designation of an historic site or an historic district be superimposed over existing zones to encourage the retention of early structures and objects in active use and in substantially their historic appearance, setting and placement. It is intended that the renovation of an historic site shall preserve its distinguishing historic qualities or character and that new structures erected within an historic district or the renovation of an existing structure within an historic district shall harmonize with the general character or ambiance of existing structures in the district in order to preserve the architectural heritage of the district and to promote the historical significance of the site or district among residents and visitors to the community.

('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983; Ord. O2009-54, passed 10-21-2009)

(B) Initiation of historic site or district.

(1) An historic site or an historic district may be created only by ordinance adopted after a public hearing is conducted by the Design and Historic Review Commission on the application for that designation. A direction of the Mayor and Council to the Commission for consideration of a building, structure, object or an area for that designation, or consideration of a building, structure or object or area for that designation on the Commission’s initiative, is an “application” subject to this subchapter.

(2) The Mayor and Council shall consider whether to designate by ordinance a building, structure or object as an historic site or an area as an historic district upon the recommendation of the Design and Historic Review Commission. The Commission shall consider either designation upon the direction of the Mayor and Council or upon the application of 35 or more adult residents of the city filed with the Community Development Department.

(3) A fee of $100 shall be required for the filing of an application for either designation. The form of the application shall be determined by the Commission and made available to the public at the Community Development Department office.

('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983; Ord. O2009-54, passed 10-21-2009)

(1) Seven or more properties, whether or not separated by a street, or total cumulative street frontage not less than 300 feet, but in no case fewer than four properties, shall be the minimum criteria for designation of an “historic district”.

(2) An “historic district” may be designated only by ordinance if:

(a) The area meets the criteria for historic districts adopted or hereafter adopted by the State of Arizona through the state historic preservation office, or substantially meets the criteria for the listing of districts to the National Register of Historic Places adopted or hereafter adopted by the United States Secretary of the Interior, copies of which shall be on file with the City Clerk and the Community Development Department and made available there for public inspection;

(b) The area possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects which are united by past events of 50 or more years ago, or aesthetically by plan or physical development of 50 or more years ago; and

(c) The area is worthy of preservation and protection for aesthetic interest or value, educational potential or significance in the history of the city.

('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983; Ord. O2009-54, passed 10-21-2009)

(D) Historic site criteria. A building, structure or object within or without an historic district in the city may be designated as an “historic site” only by ordinance (see § 154-03.09) if:

(1) It meets the criteria for historic sites adopted or hereafter adopted by the State or Arizona through the State Historic Preservation Office, or it substantially meets the criteria to qualify for individual listing in the National Register of Historic Places adopted or hereafter adopted by the United States Secretary of the Interior, copies of which shall be on file with the City Clerk and the Community Development Department and made available there for public inspection; or

(2) Any part of it is 50 or more years old and it:

(a) Exemplifies or reflects special elements of the city’s cultural, social, economic, political, aesthetic, engineering or architectural past;

(b) Embodies distinguishing characteristics of a style, period, method of construction or development in the city or serves as a valuable example of the use of indigenous materials or craftsmanship;

(d) Represents a rare building type, style, design or indigenous building form; or

(e) Is identifiable with a person or event significant in local, state or national history.

('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983)

(E) Building and demolition permits for historic sites and structures within historic districts.

(1) No structure shall be erected within an historic district nor upon an historic site, nor shall any part of an historic site nor any structure within an historic district be demolished and removed, or its exterior renovated or changed in any manner except as permitted by this subchapter. However, nothing in this subchapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of an historic site or of a structure within an historic district that does not involve a change in its design, material, color or other appearance.

(2) The city and all property owners or possessors of property, without exception, desiring to construct, renovate, demolish, remove or otherwise make any changes to the exterior of an historic site or of any structure within an historic district shall apply to the Community Development Department for all permits.

(3) In addition to the forms, plans and fees as may be required for a building permit for a structure outside an historic district, any application to construct, renovate, demolish, remove or otherwise to make any changes to the exterior of an historic site or of any structure within a district shall include photographs, plans, descriptions, dimensions, drawings, sketches or other information sufficient to allow meaningful review and determination of the ultimate appearance and the impact of the proposed project. Professional quality plans, renderings or materials shall not be required.

(4) Following determination by the Community Development Department that an application meets the requirements of the building or other applicable code for issuance of a permit outside an historic district or of the code as modified for historic districts or sites, the Community Development Department shall schedule the project for consideration with the Design and Historic Review Commission. The Commission shall consider the application at a public meeting to be held within 14 days of its receipt by the Chairperson.

(5) Written notice of the meeting shall be delivered or mailed by the Community Development Department Liaison no less than seven days before the meeting. The Commission shall establish rules and procedures governing notice to owners of record of adjacent surrounding properties.

(6) At the meeting the Commission shall review the application and the additional materials submitted with it and discuss the project with the applicant and any others attending to determine whether the project is appropriate and in keeping with the historic character of the site and/or district.

(7) In determining whether to approve an application, the Commission shall follow the United States Secretary of the Interior’s Standards for Rehabilitation, appearing in C.F.R. Part 67, § 36. The Commission may also formulate additional standards and guidelines not inconsistent with those of the Secretary of the Interior. Copies of these standards and guidelines shall be on file with the City Clerk and the Community Development Department and made available there for public inspection.

(8) The Commission shall take action by approving or denying the application, at a Design and Historic Review Commission public meeting held for that purpose. The Commission shall specify the reason(s) for approval or denial. The Community Development Department shall transmit a copy of the decision, by mail, to the applicant. Failure of the Commission to meet and make a decision on any application submitted within 60 days of receipt of the application by the Community Development Department shall constitute approval of the application unless the applicant consents in writing to an extension.

(9) When the Commission approves an application, a permit for the project shall be issued, subject to compliance with plan check comments from all other city departments. In the event an application is denied by the Commission, no permit shall be issued for the project.

(10) Except for a decision denying an application for demolition or removal, the decision of the Commission shall be final and conclusive.

(11) A decision of the Commission denying an application for demolition or removal of a building, structure or object shall delay issuance of the permit for 120 days after the effective date of the decision. During that 120-day period, the Commission shall endeavor to convince the applicant to preserve the building, structure or object, or the Commission shall try to find someone to purchase it for a price and upon terms agreeable to the applicant, and the buyer must also agree to preserve it for at least five years, if, within the 120-day period, the Commission is unable either to so convince the applicant or to find such a buyer, the permit shall be issued at the request of the applicant at any time, 121 days or more after the effective date of the decision.

('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983; Ord. O2009-54, passed 10-21-2009) Penalty, see § 154-999

(F) Public safety exceptions. Nothing in this section shall prevent the construction, reconstruction, alteration, restoration or demolition of any such feature which the building safety official shall certify is required by the public safety because of an unsafe or dangerous condition.

('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983)

(G) Conflicting regulations. Where the provisions of this section are in conflict with another section of the zoning code, the provisions of this section shall govern.

('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983; Ord. O97-45, passed 7-2-1997; Ord. O2010-32, passed 7-7-2010)

§ 154-14.05 Airport Overlay District (AD).

(A) Purpose. The principal purpose of the Airport Overlay District is to promote the public health, safety and general welfare in the vicinity of the Marine Corps Air Station and the Yuma International Airport by minimizing exposure to high noise levels and accident hazards generated by airport operations and to encourage future development which is compatible with the continued operation of the airport.

('80 Code, App. A, § 122) (Ord. 583, passed 9-16-1952; Ord. 1837, passed 6-20-1979; Ord. 2352, passed 3-18-1987)

(B) Applicability.

(1) Generally. The provisions and regulations of the Airport Overlay District supersede and are in addition to other provisions and regulations of the zoning ordinance that are applicable as determined by the zoning districts on the official zoning map of the city.

(2) Application to new construction. Nothing contained herein shall require any change or alteration in a lawfully constructed or established building, structure or use in existence at the time of the adoption or amendment of the Airport Overlay District. These regulations are intended to regulate only the construction or establishment of any new building, structure or use; moving or relocation of any building, structure or use to a new site or new location; the expansion, extension or reconstruction of any existing building, structure or use; and the operation or continuance at any time following the effective date of the Airport Overlay District of any building, structure or use which has been unlawfully established, erected, remodeled or rehabilitated.

(3) Not applicable to parcels with gross area of five acres or less. The provisions and regulations of the Airport Overlay District shall not be applicable to parcels of land with a gross area of five acres or less which are surrounded by and contiguous on all sides to residential dwellings, except for means of ingress and egress, existing at the date of adoption of the Airport Overlay District. However, any new residential units shall be designed and constructed so that the interior day-night sound level will be 45 decibels or less.

(4) Nonconforming residential subdivision. Residential subdivisions, as defined by the Arizona Revised Statutes and the City of Yuma Subdivision Regulations, which have been previously zoned, the subdivision plat recorded with the County Recorder, which have utilities constructed, the sewer, water and street improvements constructed to city standards and accepted by the city or county prior to the effective date of the Airport Overlay District, shall be exempt from the Airport Overlay District provided that future development complies with other provisions of the Airport Overlay District, of the zoning ordinance and other applicable city ordinances, regulations and codes.

(5) Expansion. If the gross floor area of a structure or project is expanded by less than 50%, the requirements of this section apply only to the area of expansion. If the gross floor area of a structure or project is expanded by more than 50%, the requirements of this section apply to the entire structure, except for existing single-family, mobile home, manufactured housing unit or duplex dwellings or any multi-family property used for residential purposes.

('80 Code, App. A, § 122) (Ord. 583, passed 9-16-1952; Ord. 1837, passed 6-20-1979; Ord. 2352, passed 3-18-1987; Ord. O2002-30, passed 8-7-2002)

(1) For the purpose of the Airport Overlay District, there are hereby created zones (65-70 dB, 70-75 dB, 75-80 dB, greater than 80 dB noise zone, APZ-1, APZ-2 and clear zone) as delineated on the Airport Noise and Accident Potential Zone Map and parts thereof as shown on the official zoning map of Yuma. The land uses permitted within the various zones are delineated in Table No. 2 - Airport Overlay District Land Use Matrix. The permitted uses within the Airport Overlay District land use matrix have precedence over and supersede any permitted uses existing within a zoning district of this chapter. If a permitted use is not specifically listed in the Airport Overlay District land use matrix that use is considered inconsistent and not compatible with airport operations and shall be prohibited. This does not preclude a determination of compliance if the city and Marine Corps Air Station, Yuma mutually agree that an individual use is compatible and consistent with the high noise or accident potential zone of the military airport.

(2) Single-family housing, two-family housing, multi-family housing, manufactured housing, recreation vehicles and residential group quarters are expressly considered inconsistent and not compatible with airport operations and shall be prohibited.

(3) This section does not restrict, limit or modify the development and use of any property under the terms of the development plan approved on or before December 31, 2000, except that the development must comply with the sound attenuation standards prescribed herein.

(4) For territory located in the arrival and departure corridor, but outside Accident Potential Zone One and Two, and outside the noise contour lines, permitted uses shall be determined in accordance with the requirements applicable to territory located in the 65-70dB level as prescribed in the Airport Overlay District Land Use Matrix.

(5) Runway Approach Departure Safety Area/Airport Industrial Overlay Districts as delineated in Table No. 3.

Table No. 2 - Airport Overlay District Land Use Matrix
Land Use Category	65-70dB	70-75dB	75-80dB	*80dB+	APZ-2	APZ-1	Clear Zone
(Y= yes / N= no)
Commercial - Services
Business services	Y	Y(1)	Y(2)	N	Y(13)	N	N
Contract construction services	Y	Y(4)	Y(5)	N	Y(13)	N	N
Finance, insurance and real estate services	Y	Y(1)	Y(2)	N	Y(13)	N	N
Indoor recreation services	Y	Y(4)	Y(5)	N	N	N	N
Medical and other health services offices	Y(1)	Y(2)	N	N	N	N	N
Personal services	Y	Y(1)	Y(2)	N	Y(13)	N	N
Repair services	Y	Y(4)	Y(5)	N	Y(13)	N	N
Commercial - Trade
Retail trade - general merchandise	Y	Y(1)	Y(2)	N	N	N	N
Restaurants, eating and drinking establishments	Y	Y(1)	Y(2)	N	N	N	N
Retail trade - automotive, marine craft, RV, aircraft and accessories	Y	Y(4)	Y(5)	N	N	N	N
Retail trade - building materials, hardware and farm equipment	Y	Y(4)	Y(5)	Y(6)	Y(13)	N	N
Retail trade - food	Y	Y(1)	Y(2)	N	N	N	N
Retail trade - furniture, home furnishings and equipment	Y	Y(1)	Y(2)	N	N	N	N
Wholesale trade - exclusive of membership-based businesses	Y	Y(4)	Y(5)	Y(6)	Y(13)	N	N
Industrial/Manufacturing
Apparel	Y	Y(4)	Y(5)	Y(6)	Y(12)(13)	N	N
Chemicals and allied products	Y	Y(4)	Y(5)	Y(6)	N	N	N
Fabricated metal products	Y	Y(4)	Y(5)	Y(6)	Y(12)(13)	N	N
Food and kindred products	Y	Y(4)	Y(5)	Y(6)	Y(12)(13)	N	N
Furniture and fixtures	Y	Y(4)	Y(5)	Y(6)	Y(12)(13)	N	N
Lumber and wood products	Y	Y(4)	Y(5)	Y(6)	Y(12)(13)	N	N
Miscellaneous manufacturing	Y	Y(4)	Y(5)	Y(6)	Y(12)(13)	N	N
Paper and allied products	Y	Y(4)	Y(5)	Y(6)	Y(12)(13)	N	N
Petroleum refining and related industries	Y	Y(4)	Y(5)	Y(6)	N	N	N
Primary metal industries	Y	Y(4)	Y(5)	Y(6)	Y(12)(13)	N	N
Printing and publishing	Y	Y(4)	Y(5)	Y(6)	Y(12)(13)	N	N
Professional, scientific and controlling instruments	Y	Y(1)	Y(2)	N	N	N	N
Rubber and miscellaneous plastic	Y	Y(4)	Y(5)	Y(6)	Y(12)(13)	N	N
Stone, clay and glass product	Y	Y(4)	Y(5)	Y(6)	Y(12)(13)	N	N
Textile mill products	Y	Y(4)	Y(5)	Y(6)	Y(12)(13)	N	N
Outdoor Recreation
Auditoriums and concert halls	Y(5)	Y(6)	N	N	N	N	N
Community and regional parks	Y	Y	N	N	Y(11)	N	N
Golf courses and riding stables	Y	Y(4)	Y(5)	N	Y(11)	Y(11)	N
Nature exhibits	Y	N	N	N	N	N	N
Outdoor amphitheaters and music shells	Y(10)	Y(10)	Y(10)	N	N	N	N
Playground and neighborhood parks	Y	Y	N	N	N	N	N
Resort and group camps	Y(1)	Y(2)	N	N	N	N	N
Spectator sports, including arenas	Y(10)	Y(10)	N	N	N	N	N
Water-based recreational areas	Y	Y(4)	Y(5)	N	N	N	N
Public and Quasi-Public Services
Cemeteries	Y(4)	Y(5)	Y(6)	N	Y(11)	N	N
Cultural activities, including churches	Y(1)	Y(2)	N	N	N	N	N
Government services	Y(1)	Y(2)	Y(2)	N	Y(12)(13)	N	N
Nonprofit organizations	Y(1)	Y(2)	N	N	N	N	N
Residential
Single-family (15) agricultural residence	Y(7)	N	N	N	N	N	N
Accessory dwelling units	N	N	N	N	N	N	N
Resource Production, Extraction and Open Space
Agriculture (except livestock)	Y(7)	Y(9)	Y(9)	Y(9)	Y(9)	Y(9)	N
Livestock farming and animal breeding	Y(7)	Y(9)	Y(9)	Y(9)	Y(9)	N	N
Forestry activities	Y(7)	Y(9)	Y(9)	Y(9)	Y(9)	N	N
Fishing activities and related services	Y	Y	N	N	N	N	N
Mining activities	Y	Y	Y	Y	Y(12)	N	N
Permanent open space	Y	Y	Y	Y	Y	Y	Y
Backyard composting	Y	Y	Y	N	N	N	N
Large composting	Y	Y	N	N	N	N	N
Agricultural composting	N	N	N	N	N	N	N
Transportation, Communication, Utilities and Miscellaneous
Communication facilities	Y	Y(2)	Y(3)	N	Y(11)(12)	Y(11)(12)	N
Highway and street right-of-way	Y	Y	Y	Y	Y(11)	Y(11)	Y(11)
Motor vehicle parking	Y	Y	Y	Y	Y(11)	Y(11)	N
Railroad and rapid rail transit	Y	Y(4)	Y(5)	Y(6)	Y(11)	N	N
Signs (per § 154-17.03)	Y	Y	Y(14)	Y(14)	N	N	N
Utility facilities	Y	Y	Y	N	Y(11)(12)	Y(11)(12)	Y
Table No. 2 - Airport Overlay District Land Use Matrix Notes
* The Airport Noise and Accident Potential Map does not establish noise contours above 75dB; therefore where the state permits uses to occur under 80dB such uses are permitted to occur within the 75-80dB range.
(1) Measures to achieve an outdoor to indoor noise reduction level of 25 decibels must be incorporated into the design and construction of all buildings and the Zoning Administrator must make an express finding, as part of approval, that use of noise reduction level criteria will not alleviate outdoor noise.
(2) Measures to achieve an outdoor to indoor noise reduction level of 30 decibels must be incorporated into the design and construction of all buildings and the Zoning Administrator must make an express finding, as part of approval, that use of noise reduction level criteria will not alleviate outdoor noise.
(3) Measures to achieve an outdoor to indoor noise reduction level of 35 decibels must be incorporated into the design and construction of all buildings and the Zoning Administrator must make an express finding, as part of approval, that use of noise reduction level criteria will not alleviate outdoor noise.
(4) Measures to achieve an outdoor to indoor noise reduction level of 25 decibels must be incorporated into the design and construction of portions of buildings where the public is received, office areas, noise sensitive areas or where normal noise level is low.
(5) Measures to achieve an outdoor to indoor noise reduction level of 30 decibels must be incorporated into the design and construction of portions of buildings where the public is received, office areas, noise sensitive areas or where normal noise level is low.
(6) Measures to achieve an outdoor to indoor noise reduction level of 35 decibels must be incorporated into the design and construction of portions of buildings where the public is received, office areas, noise sensitive areas or where normal noise level is low.
(7) Measures to achieve an outdoor to indoor noise reduction level of 25 decibels must be incorporated into the design and construction of new residential buildings or expansions of existing residential buildings.
(8) Measures to achieve an outdoor to indoor noise reduction level of 30 decibels must be incorporated into the design and construction of new residential buildings or expansions of existing residential buildings.
(9) No new residential buildings or expansions of existing residential buildings are permitted.
(10) Compatible if special sound reinforcement systems are installed.
(11) No aboveground buildings or structures.
(12) No new buildings or improvements or expansion of nonagricultural buildings or improvements for uses that result in the release of any substance into the air that would impair visibility or otherwise interfere with operating aircraft, such as any of the following:
(a) Steam, dust and smoke;
(b) Direct or indirect reflective light emissions;
(c) Electrical emissions that would interfere with aircraft and air force communications or navigational aid systems or aircraft navigational equipment;
(d) The attraction of birds or waterfowl such as operation of sanitary landfills or maintenance of feeding stations; and
(e) Explosives facilities or similar activities.
(13) A maximum of one employee per 3,500 square feet of net lot area shall be allowed.
(14) Signs with flashing lights or exterior light sources are not permitted.
(15) Single-family residential that is the primary residence for persons engaging in agricultural use and ancillary residential buildings incident to the primary agricultural use.

Table No. 3 - RADSA/AIOD-1/AIOD-2 Land Use Compatibility Matrix
Land Use Category/Activity	RADSA/AIOD-1	AIOD-2
	(Footnotes 1a, 1b, 2)	(Footnotes 1c, 2)
(Y= yes / N= no)
Cultural, Entertainment and Recreational
Caretakers residence	Y	Y
Nature exhibits	Y	Y
Parks with passive open space areas, not with active recreation space facilities that concentrate people	Y	Y
Manufacturing of:
Caretakers residence	Y	Y
Fabricated metal products	Y	Y
Food and kindred products	Y	Y
Furniture and fixtures	Y	Y
Lumber and wood products	Y	Y
Miscellaneous manufacturing	Y	Y
Paper and allied products	Y	Y
Primary metal industries	Y	Y
Printing and publishing industries	Y	Y
Stone, clay and glass products	Y	Y

Table No. 3 - RADSA/AIOD-1/AIOD-2 Land Use Compatibility Matrix
Land Use Category/Activity	RADSA/AIOD-1	AIOD-2
	(Footnotes 1a, 1b, 2)	(Footnotes 1c, 2)
(Y= yes / N= no)
Textile mill products	Y	Y
Miscellaneous
Existing uses (as of October 21, 2000)	Y	Y
Resource Production and Extraction
Agricultural	Y	Y
Agricultural composting	N	N
Agriculturally-related activities	Y	Y
Backyard composting	N	N
Caretakers residence	Y	Y
Fishing activities and related services	Y	Y
Forestry activities and related services	Y	Y
Large composting	N	N
Livestock farming and animal breeding	Y	Y
Mining activities and related services	Y	Y
Other resource production and extraction	Y	Y
Personal services	Y	Y
Professional services	Y	Y
Repair services	Y	Y
Trade/Commercial
Caretakers residence	Y	Y
Retail trade - automotive, marine craft, aircraft and accessories	N	Y
Retail trade - building materials, hardware and farm equipment	N	Y
Retail trade - food	N	Y
Retail trade - furniture, home furnishings and equipment	N	Y
Retail trade - general merchandise	N	Y
Retail trade - restaurants and eating and drinking establishments	N	Y
Storage	Y	Y
Wholesale trade exclusive of membership-based businesses	Y	Y
Transportation, Communications and Utilities
Airports	Y	Y
Caretakers residence	Y	Y
Highway and street right-of-way	Y	Y
Other transportation, communication and utility facilities	Y	Y
Railroad, rapid rail transit and street railway uses or ancillary office/maintenance facilities but not terminals, stations or transit centers	Y	Y
Truck terminals	Y	Y
Utilities (below ground okay; above ground requires review as to placement)	Y	Y
Vehicle storage/parking lots	Y	Y
Table No. 3 - RADSA/AIOD-1/AIOD-2 Land Use Compatibility Matrix Footnotes
* Within each land use category listed, land uses and activities may require further evaluation during the development process due to the variation of density requirements for people and structures. These requirements are as follows.
1a A maximum of one person per 2,800 square feet of net lot area (15.55 people per acre) shall be allowed (applies to Runway Approach Departure Safety Area).
1b A maximum of one person per 1,100 square feet of net lot area (39.6 people per acre) shall be allowed (applies to Airport Industrial Overlay District-1).
1c A maximum of one (1) person per 900 square feet of net lot area (48.4 people per acre) shall be allowed (applies to Airport Industrial Overlay District-2).
(2) The occupancy/density standards of the Uniform Building Code will apply in determining the maximum number of persons per square feet of building area (applies to RADSA, Airport Industrial Overlay District-1 and Airport Industrial Overlay District-2).
(3) In order to establish a 200-foot wide corridor free of surface obstructions along the 34th Street alignment within the RADSA, a north and south building or structure setback of 100 feet from the centerline of 34th Street alignment shall be maintained. To achieve this, the property owner shall select from one of the following development options listed below: a combination of (a) and (b); or (c); or (d).
(a) At the time of development a 34th Street alignment, 49 feet half-width right-of-way is to be dedicated to the city for the construction of a collector street.
(b) An adjoining 51 feet no-build easement will be granted to the city. The no-build easement may be used for a shallow retention basin and/or parking and, the no-build easement may be included within the calculation of the total net lot area in regards to determining density of people per acre. The no-build easement is not required to be landscaped. If landscaping is not emplaced an approved permanent dust control measure shall be utilized.
(c) In lieu of street construction, a 100 feet half-width right-of way may be dedicated to the city.
(d) In lieu of 34th Street construction, a 100 feet half-width no-build easement may be granted to the city, provided a separate and distinct industrial collector street is constructed to serve the internal property. All development conditions specified in division (3)(b) above apply here, except that all vehicles parked in the 100 feet no-build easement shall be limited to the outer 51 feet of the no-build easement.
(4) Factors to be considered in land use or site development include labor intensity, occupancy loads, building configuration and location, parking and vehicular circulation, structural coverage, flashing light or other exterior light sources, the extent of storage or use of explosive materials or flammables, release of airborne particulates or pollutants which may obscure vision or pose potential explosive hazards; generation of electromagnetic fields or transmission of electrical signals or impulses that would interfere with aircraft operations or radio transmissions or other processes or uses of similar character or origin.
(5) Above ground electrical transmission lines are not allowed.
(6) West AIOD Clear Zone owned by the county and maintained by the Yuma County Airport Authority for runway protection is limited to those uses established by Federal Aviation Regulations (FAR) and approved by the Federal Aviation Administration.
(7) Land use categories and/or activities not listed in this land use compatibility matrix are not permitted.
(8) All existing uses (as of October 21, 2000) are fully grandfathered and permitted to lawfully operate within the limits of the existing zoning at the effective date of the Plan’s adoption subject to:
(a) Facility/use expansion allowed to maximum permitted under current zoning;
(b) Compliance with nonconforming use regulations where/if applicable;
(c) Approach/departure clearance surface slope criteria and other airport surfaces where applicable; and
(d) By fully grandfathering it is meant that all current uses shall be allowed to continue the current category of use, i.e., property with a current retail sales use (such as a car dealership) can continue to be used for any use within that category (such as retail clothing sales) and shall be allowed to develop or redevelop to the fullest extent allowed under present building code, fire code, development standards and lot coverage standards. Vacated facilities may be reestablished within three years if of the same category of land use. The grandfathering specifically does NOT apply to zoning on property that is not currently being used for that purpose, i.e., if the property is presently being used to raise alfalfa but is currently zoned light industrial, a light industrial use would not be grandfathered. A light industrial use could be built on that parcel if, however, it was one of the uses in the list of approved uses for the underlying AIOD or RADSA area and conformed with the occupant load limitations for that AIOD or RADSA area. The occupant load for grandfathered uses would not be restricted other than is presently provided for in Building and Fire Code restrictions.

('80 Code, App. A, § 122) (Ord. 583, passed 9-16-1952; Ord. 1837, passed 6-20-1979; Ord. 2352, passed 3-18-1987; Ord. O2001-03, passed 1-3-2001; Ord. O2002-30, passed 8-7-2002; Ord. O2004-07, passed 3-3-2004; Ord. O2011-30, passed 9-7-2011; Ord. O2017-013, passed 5-3-2017; Ord. O2019- 001, passed 1-16-2019) Penalty, see § 154-999

(D) Additional height and use regulations.

(1) Heights. The construction or establishment of any building, structure or use shall comply with the height limits as determined by the zoning district on the official zoning map of the city or the heights as determined from the airport runway approach clearance map, whichever is the more restrictive.

(2) Hazard marking and lighting. When in the opinion of the Building Official the construction or existence of any structure, pole, tower, tank or plant material constitutes a hazard to aircraft operation in the vicinity of the airport, the owner of the structure, pole, tower, tank or plant material shall, at his or her own expense, reduce in height or install, operate and maintain such markers and lights as may be necessary to indicate to aircraft operators the presence of an airport hazard, as provided in Federal Aviation Administration (FAA) Advisory Circular 70/7460-ID.

(3) Communications. No use or activity shall be made of land within the Airport Overlay District as to create electrical interference with communications between the airport tower and aircraft.

('80 Code, App. A, § 122) (Ord. 583, passed 9-16-1952; Ord. 1837, passed 6-20-1979; Ord. 2352, passed 3-18-1987) Penalty, see § 154-999

(E) Land use waiver.

(1) 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. 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 Overlay District and the zoning ordinance is preserved. 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.

(2) Applications shall be submitted under one of the two following provisions.

(a) Submission of a test report.

1. 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 Overlay District; or

2. 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.

(b) Submission of an application, report and plans. Submission of an application, report and plans which provide the following:

1. A statement acknowledging and not challenging the noise level as indicated by the airport noise and accident potential zone map;

2. 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:

a. The permitted uses would have a detrimental effect upon adjacent property; or

b. 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.

(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 Overlay District.

(4) 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)

(F) Nonconforming uses. Any use of land, building or structure lawfully existing at the time the Airport Overlay District or amendments thereto become effective may be continued even though such use does not conform with the regulations of the zoning ordinance or amendments thereto for the Airport Overlay District in which it is located. These special provisions for continuation and reconstruction of legal nonconforming uses shall only apply to uses, structures and buildings which become nonconforming through the adoption of the Airport Overlay District. These special provisions for nonconforming uses will apply since the Airport Overlay District has a large impact area, considerable development presently exists, and a substantial economic hardship would be created if those properties were required to comply with the provisions of the Airport Overlay District and other sections of the zoning ordinance.

(1) Discontinuance of legal nonconforming uses.

(a) In the event that a legal nonconforming use of land, building or structure is discontinued for a period of 12 consecutive months, any future use thereof shall be in conformity with the regulations of the Airport Overlay District and the zoning ordinance.

(b) In the event that a legal nonconforming nonresidential use of land, building or structure is destroyed by fire, flood, earthquake, war, riot or so-called act of God to the extent of 75% of its value, according to the appraisal thereof by competent appraisers, then and without further action by the City Council, the future use thereof shall, from and after the date of such destruction, be subject to all the regulations of the Airport Overlay District in addition to the provisions of the other sections of the zoning ordinance.

(c) In the event that a legal nonconforming residential use of buildings or structures is destroyed to any extent by fire, flood, earthquake, war, riot or so-called act of God, it may be reconstructed, except that such reconstruction shall comply with the provisions of the other sections of the zoning ordinance and other applicable city ordinances, regulations and codes. Such reconstruction shall be limited to 100% of the destroyed structure.

(2) Expansion of a legal nonconforming use.

(a) Nonresidential. A nonresidential legal nonconforming use of land, building or structure shall not be enlarged, extended, reconstructed or structurally altered unless such enlargement, extension, reconstruction or structural alteration, and further use of such property conform with the regulations of the Airport Overlay District in which such property is located, other sections of the zoning ordinance and other applicable city ordinances, regulations and codes. In the event that the above-described nonconformity involves a building or structure, said building or structure shall not be permitted to be relocated elsewhere on the property or enlarged or extended by separate and detached construction.

(b) Residential. A legal nonconforming residential structure may expand if such expansion does not exceed 50% of the floor area of the original structure provided that the expansion is in conformance with the regulations of the district applicable immediately prior to the effective date of the Airport Overlay District, other sections of the zoning ordinance and other applicable city ordinances, regulations and codes. This provision shall not permit the construction of separate and detached residential structures or the relocation of such structure elsewhere on the property.

(c) Accessory structures. The construction, expansion and alteration of accessory structures, such as garages, barns, swimming pools and fences shall be permitted. Said construction, expansion or alteration shall conform to the requirements of the applicable zoning district.

(3) Change of legal nonconforming use. If no structural alterations are made, any legal nonconforming use of land, building or structure may be changed to another legal nonconforming use provided the proposed use is of the same or more restricted classification, upon review and approval by the Building Official and Planning Director. Under no circumstances shall a nonresidential legal nonconforming use be converted to a residential nonconforming use.

('80 Code, App. A, § 122) (Ord. 583, passed 9-16-1952; Ord. 1837, passed 6-20-1979; Ord. 2352, passed 3-18-1987)

(G) Administration.

(1) Lots divided by Airport Overlay District boundaries. Whenever a lot of record is divided by an Airport Overlay District boundary, the regulations of these districts shall be determined as follows:

(a) The development shall conform to the land use and design criteria of the respective districts applicable to the lot in accordance with the official zoning map of the city; or

(b) For lots of record of five acres or less in size, development shall conform to the land use and design criteria of the district in which 50% or more of the lot is located in accordance with the official zoning map of the city.

(2) Concurrent or conflicting regulations. Where any action in regard to a structure or use is regulated or controlled by more than one provision of the zoning ordinance, such action shall comply with all applicable provisions of both regulations, except that if a conflict exists, the limitation or requirement which is most restrictive shall govern.

('80 Code, App. A, § 122) (Ord. 583, passed 9-16-1952; Ord. 1837, passed 6-20-1979; Ord. 2352, passed 3-18-1987)

(H) Amendments.

(1) The City Council, after receiving a recommendation from the Planning Commission and after a public hearing or hearings, may amend Airport Overlay District boundaries or the regulations herein or subsequently established. Amendments may be initiated either by an individual or by Commission initiative in accordance with the procedures established under § 154-03.03 of this chapter.

(2) The boundaries of an Airport Overlay District shall be amended as necessary to ensure that the application of these regulations remains in conformance with the purpose of the zoning ordinance. All amendments to the Airport Overlay District boundaries shall be shown on the official zoning map of the city. Amendments may be considered whenever the following occurs:

(a) Evidence shows that the operation of the airport has or will change substantially and that such modifications will be permanent in nature;

(b) Additional information concerning the health effects of high noise levels or the accident hazards associated with aircraft operations becomes available; and

('80 Code, App. A, § 122) (Ord. 583, passed 9-16-1952; Ord. 1837, passed 6-20-1979; Ord. 2352, passed 3-18-1987)

(I) Variances.

(1) A request for a variance from the Airport Overlay District Land Use Matrix provided for in division (C) above, shall be processed in accordance with A.R.S. Title 28, Chapter 25, Article VII, Airport Zoning and Regulations, including, but not limited to, A.R.S. §§ 28-8471, 28-8473, 28-8481 and their successors, except as follows:

(a) The City Planning and Zoning Commission shall be and is hereby designated as the entity that will hear requests for variances under this section and shall make a recommendation to the City Council. Within 30 days after conducting the hearing on the request for variance, the Planning and Zoning Commission shall forward its recommendation to the City Council, which shall, within a reasonable time, hear and decide the request for variance and render a decision. The City Council, in rendering its decision, may affirm, modify or reject the recommendation of the Planning and Zoning Commission.

(b) Any appeal from the decision of the City Council under this section shall be as provided for in A.R.S. § 28-8475.

(2) In addition to the criteria for a variance contained in A.R.S. § 28-8471, a variance shall not be granted without a specific finding that the purpose of military airport compatibility is preserved as required by A.R.S. § 28-8481(C).

(Ord. O2002-30, passed 8-7-2002; Ord. O2010-32, passed 7-7-2010)

§ 154-14.06 Public Overlay District (P).

(A) Purpose. The principal purpose of the (P) Public Overlay District is to allow those government which are necessary to serve the public in particular locations of the city, and to distinguish them from private uses. The (P) Public Overlay District is to provide an overlay designation superimposed over existing zoning districts for those lands held in public ownership by local, state and federal agencies within the city limits. It is intended that each public use conform to the development standards required for all other uses permitted within the underlying zoning district.

('80 Code, App. A, § 123) (Ord. 583, passed 9-16-1952; Ord. 2166, passed 11-2-1983)

(B) Applicability.

(1) The (P) Public Overlay District shall not apply to publicly owned land leased to private concerns for use other than by a political subdivision nor shall this district apply to privately owned land which is leased to a government agency.

(2) In the event that a government agency disposes of its property for which a Public Overlay District has been granted, such designation shall automatically expire, and the underlying zoning classification shall remain in effect.

('80 Code, App. A, § 123) (Ord. 583, passed 9-16-1952; Ord. 2166, passed 11-2-1983)

(1) Open space, parks, fine arts center, convention center and public recreational facilities;

(2) Public schools and playgrounds;

(3) Governmental office buildings and grounds, including service and maintenance facilities;

(4) Such public facilities as hospitals, libraries, museums and similar public facilities;

(5) Municipal water production and storage facilities; municipal sewage treatment plants; municipal facilities for the collection, transfer and disposal of solid wastes;

(6) Public safety and law enforcement facilities; and

(7) Airports, armories and military installations.

(D) Permitted accessory uses.

(1) Wall-mounted and concealed/disguised personal wireless communication facilities, in accordance with Article 19 herein, are permitted as an accessory use for a legally established nonresidential principal use. Wall strapping of a personal wireless communications facility is not permitted;

(2) Roof-mounted personal wireless communication facilities are permitted on a publicly owned nonresidential building; and

(3) The use of lattice tower structures for any personal wireless communication facility is not permitted.

('80 Code, App. A, § 123) (Ord. 583, passed 9-16-1952; Ord. 2166, passed 11-2-1983; Ord. O2000-35, passed 6-21-2000; Ord. O2002-09, passed 2-20-2002)

(E) Property development standards. To meet the purpose of the (P) Public Overlay District, all uses shall meet the minimum development standards as specified by the zoning ordinance for the underlying zoning district or districts in which they are located.

('80 Code, App. A, § 123) (Ord. 583, passed 9-16-1952; Ord. 2166, passed 11-2-1983) Penalty, see § 154-999

(F) Procedure. An application for the (P) Public Overlay District shall only be made by an agency of the local, state or federal government, in accordance with the procedures established under § 154-03.03 of this chapter.

('80 Code, App. A, § 123) (Ord. 583, passed 9-16-1952; Ord. 2166, passed 11-2-1983; Ord. O2010-32, passed 7-7-2010)

§ 154-14.07 Planned Unit Developments Overlay District (PUD).

(A) Purpose. Planned unit developments (PUDs) are intended to permit greater flexibility and, consequently, more creative and imaginative design for the development of residential areas than generally is possible under conventional zoning regulations. PUDs are further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of urban amenities and preservation of natural scenic qualities of open spaces.

('80 Code, App. A, § 195) (Ord. 583, passed 9-16-1952; Ord. 1546, passed 10-27-1976; Ord. O95-040, passed 12-20-1995)

(B) Applicability. Variations from strict interpretations of this chapter and subdivision regulations of the city are permitted pursuant to the provisions of this subchapter and § 153-77 of this title.

('80 Code, App. A, § 195) (Ord. 583, passed 9-16-1952; Ord. 1546, passed 10-27-1976; Ord. O95-040, passed 12-20-1995)

(1) Location. A PUD may be permitted in any Residential Estate (RE), any Low Density Residential (R-1), Medium Density Residential (R-2) or High Density Residential (R-3), Transitional (TR), Planned Shopping Center (PSC), Limited Commercial (B-1), General Commercial (B-2) or Business Park (BP) District established by this chapter.

(2) Size. The planned unit development shall consist of a minimum net site area of two acres.

(3) Permitted uses. Any use permitted as a matter of right in the High Density Residential (R-3) District shall be permitted in conformity with the procedural and regulatory provisions hereinafter set forth.

(4) Density. The average lot area per dwelling unit, including common area but excluding area occupied by public or private streets, shall not be less than that required by the zoning district regulations otherwise applicable to the site. In density computations, common area shall include only open space and recreational areas that are to be used exclusively for the residents of the development who receive an undivided ownership and responsibilities for such area.

(5) Permitted variations. Variations in type of dwelling unit, yard, setback, lot size, height, circulation facilities and off-street parking requirements may be permitted which are consistent with the spirit and intent of this section.

(6) Landscaping and irrigation. Landscaping and irrigation shall be provided in the manner set forth in Article 20 of this chapter.

('80 Code, App. A, § 195) (Ord. 583, passed 9-16-1952; Ord. 1546, passed 10-27-1976; Ord. 2399, passed 4-20-1988; Ord. O95-040, passed 12-20-1995)

(D) Application. Applications for a PUD shall be submitted and reviewed in accordance with the following procedure:

(1) Sketch plan. In order to obtain information upon city policies and applicable regulations concerning development alternatives, and in order to inform the city of the applicant’s intentions, the applicant may submit a general outline of the proposal, including a schematic sketch plan in accordance with guidelines established by the Planning Director. This information shall be reviewed by pertinent city officials and the Planning and Zoning Commission;

(2) Preliminary plan. The following minimum information is required in addition to requirements of §§ 153-30 and 153-31 of the subdivision regulations:

(a) Statement. A statement of planning objectives to be achieved by the PUD through the particular approach proposed. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made;

(b) Development schedule. A development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed;

(c) Statement of intentions. A statement of intentions with regard to the future selling or leasing of all or portions of the PUD, such as land areas, dwelling units, recreation facilities and the like. Two copies of the proposed deed restrictions and articles of incorporation of a home owners association shall be furnished;

(d) Quantitative data from the following. Total number of each type of dwelling units; gross and net parcel size; gross and net residential densities; total amount of open space in various categories; variations in setbacks, height, individual lot size and lot coverage for each dwelling type proposed; total number of parking spaces;

(e) Economic feasibility study. Economic feasibility study or market analysis where necessary and requested by the Planning Director or Planning Commission;

(f) Typical floor plans. Typical floor plans and placement of structures on individual lots or parcels;

(g) Pedestrian and vehicular circulation system. Interrelationship of pedestrian and vehicular circulation system;

(h) Landscape plan. A schematic landscape plan indicating the treatment of private and common open spaces;

(i) Information on adjacent land areas. Adequate information on adjacent land areas to indicate relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities and unique natural features;

(j) Treatment of perimeter. Treatment of perimeter of the PUD, including materials and techniques used such as screens, fences and walls; and

(k) Additional information. Any additional information which may be necessary to properly evaluate the character and impact of the proposed PUD.

1. Where projects are developed in stages, PUD zoning designation can only be considered for the stages for which the above materials have been presented. Sketch plans including land uses, site design, circulation and adjacent land uses shall be submitted for the remaining lands to be developed in future stages of the project even though they are not under consideration for approval at this time.

2. The preliminary plan shall be heard by the Planning Commission and shall be forwarded to the City Council with the recommendation of the Planning Commission in accordance with the procedures established under § 154-03.03 of this chapter. Upon approval of the preliminary plan by the City Council, PUD zoning shall be designated on the official zoning map.

(3) Final plan. Within a maximum of six months following approval of the preliminary plan, the applicant shall file with the Planning Director a final development plan containing in a precise and detailed form the information required in division (D)(2) above and in §§ 153-45 through 153-51 of the city subdivision regulations. At its discretion, and for good cause, the Planning Commission may extend for six months the period for filing of the final development plan upon request by the applicant. The final development plan shall be in substantial conformance with the preliminary development plan, and shall be referred to the Planning Commission for recommendation prior to consideration by the City Council.

('80 Code, App. A, § 195) (Ord. 583, passed 9-16-1952; Ord. 1546, passed 10-27-1976; Ord. O95-040, passed 12-20-1995)

(E) Final approval. The approved final development plan, rather than any other provision of this zoning ordinance, shall govern the use of the land and the construction, modification or alteration of any buildings or structures within the PUD.

(1) Minor changes in the location, siting and height of buildings and structures may be authorized by the Planning Commission without additional public hearings if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this division may cause any of the following:

(a) A change in the use or character of the development;

(b) An increase in lot coverage;

(d) A change in traffic circulation or public utilities;

(e) A reduction in approved open space;

(f) A reduction of off-street parking and loading space; and

(g) A reduction in required pavement widths.

(2) All other changes in use, or rearrangement of lots, blocks and building tracts or any changes in the provision of common open spaces must be made by the City Council upon report and recommendation by the Planning and Zoning Commission.

(3) If no construction has begun within one year following approval of the final development plan, said approval shall lapse and become void. The Planning and Zoning Commission, upon showing of good cause, may extend for a period of six months, the time for beginning of construction.

(4) After completion of the PUD, any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the Board of Adjustment if they are consistent in concept and character with the PUD.

('80 Code, App. A, § 195) (Ord. 583, passed 9-16-1952; Ord. 1546, passed 10-27-1976; Ord. O95-040, passed 12-20-1995; Ord. O2010-32, passed 7-7-2010)

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