Loading...
(A) Restoring unsafe buildings and structures. Nothing in this chapter shall prevent a strengthening or restoration to safe or lawful condition of any building or structure declared unsafe or unlawful pursuant to law.
(B) Security guards and caretakers. The occupancy of buildings or premises by security guards or caretakers for sleeping shall not constitute residence occupancy within the meaning of this chapter, except that, within the Airport District any such occupancy shall be expressly limited to the principal building or premises used for commercial, industrial or agricultural purposes only, in accordance with the provisions of this Code. Any such area within a commercial, industrial or agricultural building used for such purpose within the Airport District shall be limited to a maximum of 400 square feet and shall be sound attenuated.
(C) Minimum lot size.
(1) Where the provisions of this chapter establish a minimum lot size requirement which would prohibit an application for rezoning, such application may be considered if it meets the criteria set forth in division (C)(2) below.
(2) Applications which do not meet the minimum lot size as defined under the development standards for that zoning district may be considered for rezoning only if a specific plan of development is submitted at the time of the rezoning request which complies with all other development standards without the necessity of a variance.
(D) Minimum district size.
(1) Where the provisions of this chapter establish a minimum district size requirement which would prohibit an application for rezoning, such application may be considered if it meets the criteria set forth in division (D)(2) below.
(2) Applications which do not meet the minimum district size as defined under the development standards for that zoning district may be considered for rezoning only if:
(a) The property is zoned as Agriculture (AG) as a result of having been annexed by the city;
(b) The existing use is a legal nonconforming use in the Agriculture (AG) District;
(c) Rezoning to a more appropriate district is necessary in order to continue or expand the existing activity; and
(d) The proposed district at least 25% of the established minimum district size required by this chapter.
(E) Legally established yard setbacks. On any property where there is a legally established building setback line less than that required by the standards established by this chapter, that setback may be continued when expanding a structure for a use permitted by the zoning district in which the property is located. The provision is not applicable to proposed expansions in street yard setback lines.
('80 Code, App. A, § 30) (Ord. 583, passed 9-16-1952; Ord. 2375, passed 9-16-1987; Ord. O97-11, passed 3-5-1997; Ord. O97-23, passed 9-3-1997; Ord. 02000-25, passed 5-3-2000; Ord. O2002-30, passed 8-7-2002; Ord. O2010-32, passed 7-7-2010) Penalty, see § 154-999
(A) Specifications. For the purpose of this chapter, an attic story shall be deemed a full story. No story shall be deemed a first story if its floor level is more than four feet below the mean lot level, except that if any basement or cellar is used for residence occupancy by other than a janitor or caretaker, such basement or cellar shall be deemed to be a first story. A mezzanine story shall be considered a full story if it covers an area greater than one-half of the ground floor area, or if the total height of the story which includes the mezzanine exceeds 24 feet.
(B) Exceptions to height limits. The provisions of this section shall not apply to church spires, domes, belfries, cupolas, monuments, water tank towers, fire towers, observation towers, transmission towers used specifically for high voltage electrical transmission, wind-mills, chimneys, smokestacks, silos, derricks, conveyors, flag; or to a parapet wall extending not more than four feet above the limit of height of the building on which it rests; nor on High Density Residential R-3, Business or Industrial Districts, to bulkheads, elevator penthouses, water tanks, monitors or scenery lofts; provided that such structures shall not have an aggregate area greater than 25% of the ground floor area of the building, and provided that no linear dimension of any such structure other than a parapet wall shall exceed 50% of the corresponding street frontage, if the structure be within 25 feet of such frontage.
(C) Visibility. No walls, building, signs, vehicles, shrubbery or dense planting or other visual obstruction in excess of 30 inches in height shall be placed on any corner in any zoning district within the visibility triangle. Trees may be permitted, provided that the branches and leaves shall be trimmed to a minimum height of eight feet above the ground to permit unobstructed visibility.
('80 Code, App. A, § 140) (Ord. 583, passed 9-16-1952; Ord. 2096, passed 11-3-1982; Ord. 2235, passed 1-20-1984; Ord. O95-040, passed 9-5-1995; Ord. O2000-35, passed 6-21-2000; Ord. O2010-32, passed 7-7-2010) Penalty, see § 154-999
(A) Specifications. Except as specified in this section, yards required by this chapter shall be open and unobstructed to the sky.
(B) Cornices and eaves. Cornices and eaves may project not to exceed two feet over any minimum required yard.
(C) Ornaments and balconies. Sills, leaders, belt courses and similar ornamental features may project six inches over any minimum yard. An open fire balcony, fire escape or fire tower may project five feet over any yard.
(D) Bay windows and porches. A bay window, oriel or balcony, which is not more than eight feet wide may project not more than two feet into any front or side yard. A porte cochere over a driveway may extend into any side yard.
(Ord. O2010-32, passed 7-7-2010)
All swimming pools (municipal, commercial or private) shall be subject to the following criteria.
(A) All swimming pools shall be enclosed by a fence or wall which has a minimum height of five feet measured from the exterior of the fence. Said fence or wall shall have no openings greater than four inches in any dimension and does not afford climbing. All gates in said fence or wall shall be of a self-closing and self-latching type.
(B) All swimming pools shall comply with the minimum front yard setbacks of the applicable zoning district. All swimming pools shall be set back five feet from the side, rear and street side property lines. The required five-foot wall may be located on the side, rear or street wide property lines but shall not be located within the front yard setbacks. In all cases, the sight clearance and fence requirements shall be applicable.
(C) Swimming pools shall not be included in the computation of maximum lot coverage.
(D) Swimming pool equipment shall be installed per manufacturer’s specifications; however, if these devices are installed within the rear and/or side yard setbacks they shall adhere to the following:
(1) The side yard setback for pool equipment shall have a minimum distance of four feet from the side property line or the building to maintain fire access.
(2) The rear yard setback for pool equipment shall have a minimum distance of zero feet from the rear property line.
('80 Code, App. A, § 190) (Ord. 583, passed 9-16-1952; Ord. 1497, passed 5-19-1976; Ord. 2235, passed 11-20-1984; Ord. O95-040, passed 9-5-1995; Ord. O2010-32, passed 7-7-2010; Ord. O2014-14, passed 5-7-2014) Penalty, see § 154-999
(A) Walls and fences. A wall or fence shall be permitted along any lot line in any Agriculture, Suburban Ranch, Residential Estate, Low Density Residential, Medium Density Residential, High Density Residential or Transitional District, provided, however, that no wall or fence more than three feet in height shall be permitted within a required front yard setback area.
(B) Development abutting canals, laterals or drainage channels.
(1) Any lands proposed for residential development adjacent to actively used (non-abandoned) canals, laterals or drainage channels shall have construction thereon a barrier wall to mitigate potential property damage from flooding and to protect the health, safety and general welfare of community residents.
(2) As a general rule, the following guidelines apply to the construction of barrier walls adjoining canals, laterals or drainage channels:
(a) When proposed residential development abuts a canal or lateral the barrier wall shall be a wall of solid masonry material at least six feet high, subject to the provisions of division (B)(2)(d) below;
(b) When proposed residential development abuts a drainage channel the barrier wall may be a wrought iron fence of the same height in lieu of solid masonry;
(c) A wrought iron fence in lieu of solid masonry may be constructed when a canal or lateral abuts a roadway and a solid masonry wall exists on the opposite side of the street protecting the adjoining development;
(d) The topography of the proposed development and its relation to abutting canals, laterals or drainage channels will also affect the type of barrier wall and its height. To this end, the developer of the proposed development shall coordinate with the city and, in consultation with the irrigation district or water users’ association, determine the optimal barrier wall type, height and configuration, as well as public access points to linear parks and pathways, possible emergency access points and access points to canals, laterals and drainage channels at street crossings;
(e) All barrier wall construction shall meet the minimum requirements of the city, construction standard detail drawings, as amended;
(f) The barrier wall shall be located outside the right-of-way and any existing work or facility including embankments and access roads; and
(g) A one-foot non-access easement shall be required outside the irrigation district or water users’ association border or the existing work or facility including embankments or access roads.
(Ord. O2006-11, passed 1-18-2006; Ord. O2010-32, passed 7-7-2010)
(C) Residential subdivisions. All exterior subdivision fencing shall be six feet in height from the high ground side, constructed of masonry, sealed with an anti-graffiti coating, and shall be placed contiguous with the subdivision boundaries. Access gates, whether vehicular or pedestrian, shall not be permitted along the exterior masonry fencing for the subdivision. Such fencing can be temporarily removed during the construction of pools, in order to access utility or drainage easements, or during other residential construction as authorized through an encroachment permit issued by the City of Yuma; however, such masonry fencing and adjacent landscaping will need to be replaced accordingly upon completion of construction activity.
(Ord. O2022-043, passed 9-21-2022)
Loading...