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(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)
Live/work spaces must contain the following:
(A) The designated residential space shall not be less than 400 square feet in livable area;
(B) A separate bathroom, with a toilet and a tub or shower with hot and cold water;
(C) Cooking facilities including a sink, some countertop, a range and sufficient electrical outlets for a refrigerator and other countertop appliances; and
(D) A designated sleeping area.
(Ord. O2010-32, passed 7-7-2010)
(A) Purpose. It is the purpose of this section to regulate sexually oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.
(B) Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the City Council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap’s A.M., 120 S. Ct. 1382 (2000), and on studies in other communities, including, but not limited to: Phoenix, Arizona; Minneapolis, Minnesota; St. Paul, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; Beaumont, Texas; Dallas, Texas; Newport News, Virginia; Bellevue, Washington; New York, New York; and St. Croix County, Wisconsin; and also on findings from the Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the City Council finds:
(1) Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises;
(2) Certain employees of sexually oriented businesses, defined in this section as adult theaters and adult cabarets, engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments;
(3) Sexual acts, including masturbation and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos or live sex shows;
(4) Offering and providing such space encourages such activities, which creates unhealthy conditions;
(5) Persons frequent certain adult theaters, adult arcades and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses;
(6) At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections;
(7) Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS (acquired immunodeficiency syndrome) caused by the human immunodeficiency virus (HIV) in the United States: 600 in 1982; 2,200 in 1983; 4,600 in 1984; 8,555 in 1985, and 253,448 through December 31, 1992. The Center for Disease Control indicates that of the 753,907 AIDS cases reported in the United States through June of 2000, Arizona accounted for 7,234 of those cases. At the end of 1999, there were 3,195 people reported to be living with AIDS in Arizona;
(8) As of December 2001, there have been 7,966 reported cases of AIDS in the state;
(9) Since 1981 and to the present, there has been an increasing cumulative number of persons testing positive for the HIV antibody test in Yuma County, Arizona;
(10) The number of cases of early (less than one year) syphilis in the United States reported annually has risen, with 33,613 cases reported in 1982 and 45,200 through November 1990;
(11) The number of cases of gonorrhea in the United States reported annually remains at a high level, with over one-half million cases being reported in 1990;
(12) In his report of October 22, 1986, the Surgeon General of the United States has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components and from an infected mother to her newborn;
(13) According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts;
(14) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities;
(15) Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view “adult oriented films”;
(16) The findings noted in divisions (B)(1) through (B)(15) above raise substantial governmental concerns;
(17) Sexually oriented businesses have operational characteristics, which should be reasonably regulated in order to protect those substantial governmental concerns;
(18) A reasonable licensing procedure is an appropriate mechanism to place the burden of reasonable regulation on the owners and operators of the sexually oriented businesses. Further, such a licensing procedure will place an incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein;
(19) Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theatres;
(20) Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments;
(21) The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases;
(22) In the prevention of the spread of communicable diseases, it is desirable to obtain a limited amount of information regarding certain employees who may engage in the conduct, which this section is designed to prevent, or who are likely to be witnesses to such conduct;
(23) The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this section;
(24) The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct which leads to, the transmission of sexually transmitted diseases; and
(25) The general welfare, health, morals and safety of the citizens of the city will be promoted by the enactment of this section.
(C) Location requirements.
(1) Adult oriented businesses may be located in Limited Commercial (B-1), General Commercial (B-2), Light Industrial (L-I) or Heavy Industrial (H-I) Zoning Districts as permitted by the appropriate district regulations of this chapter. However, no adult oriented business shall be located within 1,000 feet of:
(a) A church or synagogue or temple;
(b) A public or private elementary or secondary school;
(c) A residential district;
(d) A lot used for a residential use;
(e) Another adult oriented business;
(f) A public park; or
(g) A public or private child day care center, large or small preschool facility.
(2) For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects from the nearest portion of the lot used for the adult oriented business and the nearest property line of the lot used for the purposes enumerated above.
(D) Number in building. No more than one adult oriented business may be located in the same building.
(E) Nonconformity. Any adult oriented business lawfully operating on the effective date of this chapter that is in violation of divisions (C) and (D) above of this section shall be a nonconforming use. If two or more adult oriented businesses are within 1,000 feet of one another, and otherwise in a permissible location, the adult oriented business which was first established and continually operating at a particular location is the conforming use and the latter established business is nonconforming. In any event, no increase in the floor area of any nonconforming adult oriented business shall be permitted in any building or on any lot containing another adult oriented business or a dwelling unit.
(F) Encroachment of other uses. An adult oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the lawful establishment of the adult oriented business, of a use enumerated in division (C) above of this section.
(G) Variance to location requirements.
(1) An applicant may make application for a variance from the location requirement of division (C) above of this section above in the same manner as found in § 21 of City Ordinance No. 583, as amended.
(2) The Board of Adjustment, in making its finding about a variance request from the location requirement of division (C) above of this section, shall, as part of the condition in § 21(C)(3)(d) of City Ordinance No. 583, consider the following:
(a) The location of the proposed adult oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight; and
(b) The location of an additional adult oriented business in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any efforts of urban renewal, restoration or historic preservation.
('80 Code, App. A, § 124) (Ord. 583, passed 9-16-1952; Ord. 2515, passed 2-20-1991; Ord. 2687, passed 1-4-1995; Ord. O2003-22, passed 5-21-2003; Ord. O2010-32, passed 7-7-2010) Penalty, see § 154-999
(A) The application for any building permit, or business license for a new business, which consists of a single use or single building of 35,000 square feet or greater gross floor area, and which is located within 300 feet of any residential district, and which includes an outdoor use, operation between the hours of 9:00 p.m. and 7:00 a.m., an exterior loading dock, unscreened mechanical equipment or an outdoor trash compactor (for which an acoustical engineering report has not been previously provided and approved by the city for the same use) shall be accompanied by an acoustical engineering report prepared by a person who is a board certified member of the Institute of Noise Control Engineers indicating the means by which the applicant proposes to comply with the provisions of this section. It shall include drawings, measurements and methods of mitigation in sufficiency to show such compliance. If the city determines that the report needs to have an independent review, the cost of the independent review of the report and drawings by a person who is a board certified member of the Institute of Noise Control Engineers shall be paid in equal half amounts by the applicant and the city. Prior to the independent review of the report, the applicant shall deposit with the city a sum equal to one-half of the cost of the review as determined by the City Engineer. City approval and issuance of a building permit or a business license shall be contingent upon the city approval of the acoustical engineering report and the provision of all recommended mitigation measures recommended by the report.
(B) The operation of facilities, including but not limited to trucking operations, loading operations, operation of mechanical equipment, trash compaction and exterior cleaning operations, but excluding trash and garbage collection operations, shall not produce noise, when measured on any portion of residential property within 300 feet of the property line of the commercial operation to exceed the following standards:
(1) From 7:00 a.m. to 9:00 p.m. = 55 decibels average, not to exceed 75 decibels; and
(2) From 9:00 p.m. to 7:00 a.m. = 45 decibels average, not to exceed 65 decibels.
(C) Where the ambient noise level is greater than the minimum decibels average stated in this section, the decibels average shall be increased to the level of the ambient noise. Each of the noise limits specified above shall be reduced by five dB(A) for noise associated with the sudden release of air or steam, or impact, or bells, or horns, or humming, or screeching, or predominant tone noise, or truck or vehicle idling, or fork-lift operational warning noises, or noise consisting of speech or such speech as would be generated by a paging system.
(Ord. O2010-32, passed 7-7-2010)
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