(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)
(C) Permitted principal uses.
(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.
Land Use Category | 65-70dB | 70-75dB | 75-80dB | *80dB+ | APZ-2 | APZ-1 | Clear Zone
|
(Y= yes / N= no)
| |||||||
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. | |||||||
Land Use Category/Activity | RADSA/AIOD-1 | AIOD-2 |
(Footnotes 1a, 1b, 2) | (Footnotes 1c, 2) | |
(Y= yes / N= no)
| ||
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) | ||
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
(c) New evidence is provided which indicates that modifications to any Airport Overlay District is otherwise required.
('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)