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(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)
(A) A manufactured home placement permit shall be required for the installation of any manufactured home within the city. No manufactured home built prior to January 1, 1985 shall be placed or relocated in the city. Application shall be made on the appropriate forms provided for this purpose by the Building Safety Division and shall include a site plan showing the location of the manufactured home, other structures or dwellings on the lot, setbacks between all improvements and distances to property lines. If a manufactured home is placed in a mobile home or manufactured home park, a map of the park showing all existing spaces and points of access shall be required.
(B) The Building Official, or his or her designee, shall issue placement permits only if the manufactured home complies with all applicable zoning and building code requirements including use, setbacks and noise attenuation. A fee to cover administration and inspection costs will be charged as determined by the Arizona State Office of Manufactured Housing.
(C) All manufactured homes shall be anchored to the ground in conformance with the manufacturer’s specifications, per the currently adopted Residential Code. All manufactured homes which are set above the ground level shall be skirted.
(D) Placement permits shall be valid for a period of six months from the date of issuance. Manufactured homes shall not be occupied until placement permits have been issued and a final inspection has been performed and approved.
(Ord. O2006-77, passed 12-6-2006; Ord. O2010-32, passed 7-7-2010)
(A) A placement permit shall be required for the installation of any park model within the city. Application shall be made on the appropriate forms provided for this purpose by the Building Safety Division and shall include a site plan showing the location of the park model, other structures or dwellings on the lot, setbacks between all improvements and distances to property lines. If a park model is placed in a recreational vehicle, mobile home or manufactured home park, a map showing adjacent structures with distance separations shall be required.
(B) The Building Official, or his or her designee, shall issue placement permits only if the park model complies with all applicable zoning and building code requirements including use, setbacks and noise attenuation.
(C) All park models shall be anchored to the ground in conformance with the manufacturer's specifications, per the currently adopted Residential Code. All park models which are set above the ground level shall be skirted.
(D) Park models shall not be occupied until placement permits have been issued and a final inspection has been performed and approved.
(Ord. O2012-20, passed 11-7-12)
(A) Purpose and intent.
(1) Establish criteria for operation of home occupations in dwelling units within residential districts;
(2) Permit and regulate the conduct of home occupations in a dwelling unit, whether owner or renter-occupied;
(3) Ensure that such home occupations are compatible with, and do not have a negative impact on adjacent and nearby residential properties and uses;
(4) Ensure that public and private services such as streets, sewers, water or utility systems are not burdened by the home occupations to the extent that usage exceeds that normally associated with residential use;
(5) Allow residents of the community to use their residences as places to enhance or fulfill personal economic goals, under certain specified standards, conditions and criteria, while maintaining the character and integrity of the residential neighborhood;
(6) Enable the fair and consistent enforcement of these home occupation regulations; and
(7) Allow home occupations only in conformance with the regulations and performance standards set forth in this section.
(B) Performance standards. All proposed home occupations must meet the following performance standards in order to be permitted.
(1) Accessory use. Home occupation activities shall take place within a principal dwelling unit or within an attached or detached accessory structure. The maximum square footage of a home occupation is 300 square feet. Home occupations shall be clearly incidental and subordinate to the residential land use established on the lot or parcel being utilized. Home occupations are prohibited where there is no principal dwelling unit.
(2) Private recreation areas. Private recreation areas (e.g., swimming pools, tennis courts and riding areas) may only be used when conducting a home occupation clearly related to the recreation area being used.
(3) Number of home occupations. Multiple home occupations may be allowed at one single residence. All home occupations must be within the same 300 square foot area. All areas devoted to the home occupation shall maintain a residential appearance.
(4) Employees. The number of employees involved with a home occupation shall be limited to the residents on the site, immediate family members, and up to two other individuals who are not residents of the site.
(5) Hours of operation. Clients shall only be received between the hours of 7:00 a.m. and 8:00 p.m.
(6) Clients. The number of clients that can visit the residence is limited to two clients per hour.
(7) Rental units. Home occupations that take place within rental units or mobile home parks must have the owner’s or manager’s written permission.
(8) Sale and display of merchandise. On-site display and sale or rental of goods/products is prohibited.
(9) Number of vehicles. Vehicles related to the operation of a home occupation shall be restricted to one, under one and one-half tons gross vehicle weight, per residence.
(10) Deliveries. Deliveries other than standard parcel services are prohibited when associated with a home occupation.
(11) Signs. One sign, totaling one-square foot is permitted in the window of the residence. Vehicles used in the home occupation can have signs of one-square foot attached to the doors that advertise the home occupation.
(12) Storage. Materials or goods associated with a home occupation shall be stored within the 300 square feet allotted for the home occupation. No material or goods associated with the home occupation can be stored outside.
(13) Nuisances. No equipment or activity shall be used in a home occupation that creates noise, vibration, glare, fumes, odor or electrical interference detectable from beyond the subject property boundaries. Noise levels shall not exceed those levels that are currently in existence in the neighborhood. The use of equipment, other than office equipment, shall be limited to the hours of operation listed in division (B)(5) above.
(14) Health hazards. No home occupation shall be detrimental to the public health, safety or welfare of the abutting neighbors or the neighborhood or city in general:
(a) Class A, B or C explosives, with the exception of hobby reloading as defined by the Uniform Fire Code;
(b) Class A, B poisons; flammable combustible liquids over five gallons, unless in a licensed vehicle or watercraft;
(c) Corrosive/oxidizing chemicals other that what are normally consumed on premises for normal use (drain cleaner, pool chemicals and the like);
(d) Hazardous materials as defined by the Environmental Protection Agency; and
(e) Pesticides registered under the Federal Insecticide, Fungicide and Rodenticide Act, as amended by the Federal Environmental Pesticide Control Act of 1979, which are not used around the home for personal consumption. Home occupations requiring a permit/license from a regulatory body which do not involve the use of hazardous materials may be permissible, provided the occupation is in compliance with all applicable federal, state and local regulations. This prohibits home occupations that involve: hazardous materials that pose a detonation hazard, a deflagration hazard such as combustible dusts or flammable gases or materials that readily support combustion or contain corrosives and the fabrication of semiconductors.
(15) Mechanized equipment. Mechanized equipment shall be used only in a completely enclosed building within the 300 square feet designated for the home occupation.
(16) Access for inspection. Upon the receipt of a complaint, a City of Yuma Code Enforcement Officer or police officer may enter a structure housing a home occupation to investigate the complaint and determine whether or not the home occupation complies with the conditions of this section.
(17) Other applicable regulations. Home occupations shall comply with health codes, building codes and all other applicable local, state and federal regulations.
(C) Uses not permitted. The following types of uses shall not be permitted as home occupations in all residential zoning districts:
(1) Barber shop and beauty salons with more than one client station within a dwelling;
(2) Dance studios;
(3) Electrical repair shop; which are not mobile;
(4) Massage services; which are not mobile;
(5) Motor vehicle repairing services; which are not mobile;
(6) Veterinary office or animal grooming services; which are not mobile;
(7) Animal kennels, boarding, or similar uses;
(8) Machine shop/metal working; which are not mobile;
(9) Mortuaries;
(10) Taxi service with more than one vehicle;
(11) Commercial insecticide, fungicide, herbicide or rodenticide operators;
(12) Dental office;
(13) Medical office, not including telehealth;
(14) Car Sales; and
(15) Other uses as determined by the Zoning Administrator.
(D) Limited use home occupation.
(1) Merchandise parties. Merchandise parties held for the purpose of soliciting sales shall be limited to no more than one party per month on the site of the home occupation, merchandise parties are not inclusive of yard sales;
(2) Construction contracting service. Contracting services must, in addition to, the performance standards listed in division (B) above, comply with all of the following additional performance standards:
(a) There are no materials stored on the lot of the residence of the home occupation;
(b) There are no more than 1 one and one-half-ton vehicle associated with the business, parked at the home; and
(c) The home occupation can not serve as a headquarters or dispatch center, where employees come to be dispatched to other locations.
(3) Home occupation disclosure. Home occupation operators shall complete a home occupation disclosure form at the time of application of a business license.
(Ord. O2010-32, passed 7-7-2010; Ord. O2023-039, passed 12-20-2023)
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