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(A) 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.
(B) Discontinuance of legal nonconforming uses.
(1) 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.
(2) 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.
(3) 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.
(C) Expansion of a legal nonconforming use.
(1) 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.
(2) 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.
(3) 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.
(D) 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; Ord. O2010-32, passed 7-7-2010)
Any sign or sign structure lawfully existing prior to the effective date of this chapter, whether on-site or off-site, and not meeting the standards and requirements specified herein, shall be considered nonconforming and be subject to the following provisions.
(A) Continuance. The lawful use of any nonconforming sign or sign structure may be continued indefinitely, provided, however, that any addition, enlargement or other alteration which would increase the degree of nonconformity shall be prohibited. Any nonconforming sign or sign structure which is abandoned for a period exceeding one year shall be subject to the requirements of § 154-17.05(E) of this chapter pertaining to removal of abandoned signage.
(B) Repairs and alterations. Repairs and alterations which do not increase the degree of nonconformity shall be permitted, except that if any sign or structure is damaged or has deteriorated to an extent that the cost of repair equals 50% of its replacement value if sound, or if the cost of alteration exceeds 50% of the replacement value, it shall either be rebuilt or replaced in conformance with the standards and requirements of this chapter, or be removed altogether.
(C) Replacement of on-site signage. At such time as the name of an activity changes, any nonconforming on-site signage related to such activity shall either be replaced or modified to meet the requirements of this chapter, unless such signage was previously constructed with interchangeable panels, letters or copy. An act of maintenance or repair, or repainting a previously painted sign face, or repapering a previously papered sign or other similar manner of changing a sign face, none of which would increase the degree of nonconformity, shall not be deemed as replacement hereunder, and shall be permitted.
(Ord. O2010-32, passed 7-7-2010)
Marijuana in any form, including medical and recreational marijuana, is illegal under federal law pursuant to the Controlled Substances Act (21 U.S.C § 811). However, under Arizona State law, the Arizona Medical Act (Proposition 203, passed by the voters in 2010) allows a qualifying patient who has an identified debilitating medical condition, to obtain and use marijuana to treat or alleviate the qualifying debilitating medical condition or its associated symptoms; and the Arizona Smart and Safe Act (Proposition 207, passed by the voters in 2020) allows the responsible adult use of marijuana for persons 21 years of age or older. Both Proposition 203 and 207 contain provisions for dispensaries to provide medical or recreational marijuana to qualifying individuals. These changes in state law mean that it is possible that medical marijuana dispensaries and recreational marijuana establishments could be operating in the City of Yuma. The city has a duty to ensure that the dispensaries are located and operated in a manner that least harms the health, safety and general welfare of its citizens. The purpose of this article is to ensure the health, safety and welfare of the general public. Furthermore, the City of Yuma does not condone the use of marijuana or violation of federal law.
(Ord. O2011-06, passed 3-2-2011; Ord. O2021-002, 2-3-2021)
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CULTIVATION. To propagate, breed, grow, prepare and package marijuana.
DUAL-PURPOSE MARIJUANA FACILITY. An entity that holds both a nonprofit medical marijuana dispensary registration and a recreational marijuana establishment license.
ENCLOSED, LOCKED FACILITY. A closet, room, greenhouse or other enclosed area equipped with locks or other security devices that permit access only by a cardholder.
MARIJUANA. All parts of any plant of the genus cannabis, whether growing or not, and the seeds of such plant.
NON-PROFIT MEDICAL MARIJUANA DISPENSARY. A not-for-profit entity that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to cardholders. A nonprofit medical marijuana dispensary may receive payment for all expenses incurred in its operation. For the purposes of this article, a medical marijuana dispensary and medical marijuana cultivation, together, are considered one use.
RECREATIONAL MARIJUANA ESTABLISHMENT. An entity licensed by the State of Arizona to operate a single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.
(Ord. O2011-06, passed 3-2-2011; Ord. O2021-002, 2-3-2021)
Medical and recreational marijuana cultivation and dispensing are subject to the following location restrictions and provisions:
(A) Each non-profit medical marijuana dispensary and recreational marijuana establishment shall locate within one location, within the same building as a dual-purpose marijuana facility.
(B) Each dual-purpose marijuana facility shall contain both the cultivation of and the dispensary for the marijuana at one location. No separate cultivation location is permitted.
(C) Dual-purpose marijuana facilities shall be permitted uses in the B-2 and L-I zones, subject to conditions and limitations identified in this article. Dual-purpose marijuana distribution facilities shall not be permitted in any Heavy Industrial District by way of a CUP (from a Light Industrial District).
(D) Dual-purpose marijuana facilities shall not be permitted on any site that has any of the following Zoning Overlays: Historic District Overlay, Aesthetic Overlay (and all properties that have a development agreement requiring the Aesthetic Overlay standards), Auto Center Overlay, or Bed and Breakfast Overlay designation.
(E) Dual-purpose marijuana facilities must meet the following distance separation requirements:
(1) Must be located at least 1,000 feet from a residentially zoned property, regardless if the residential property is located in the city or the county. This distance shall be measured in a straight line from the exterior walls of the building (or portion thereof in which the medical marijuana dispensary and cultivation business is conducted or proposed to be conducted), to the zoning boundary line of the residentially zoned property.
(2) Must be located at least 1,000 feet from all public and private: preschools, kindergartens, elementary schools, secondary or high schools; any place of worship; any public park, adult-oriented businesses, large and small day care facilities, or public community center, regardless if these uses are located in the city or the county. This distance shall be measured in a straight line from the exterior walls of the building (or portion thereof in which the medical marijuana dispensary and cultivation business is conducted or proposed to be conducted), to the property line of the protected use.
(3) Must be located at least 5,280 feet from another dual-purpose marijuana facility, regardless if the dual-purpose marijuana facility is located in the city or the county. This distance shall be measured from the exterior walls of the building or portion thereof in which each of the medical marijuana businesses are conducted or proposed to be conducted.
(F) Dual-purpose marijuana facilities are not allowed as an accessory use in any zone.
(G) Dual-purpose marijuana facilities are not allowed as a home occupation in any zone.
(H) The number of dual-purpose marijuana facilities shall be limited to one for each 50,000 population within the City of Yuma, with the population determined by the most recent Decennial Census reported by the U.S. Census Bureau or according to the permissions identified through the Arizona Department of Health Services as it relates to the number of dispensaries permitted in a jurisdiction.
(I) Dual-purpose marijuana facilities shall only be located in permanent structures on properties that front on roadways classified as Principal Arterials, as identified in the adopted City of Yuma General Plan.
(J) Dual-purpose marijuana facilities shall be located in a permanent building/structure affixed to a permanent foundation. Dual-purpose marijuana facilities shall not be located in any other type of non-permanent structure such as, but not limited to, a trailer, cargo container, or motor vehicle.
(K) The retail aspect of any dual-purpose marijuana facility shall be limited in physical size based on the building code requirements for a structure that has only one exit door.
(L) Dual-purpose marijuana facilities shall have operating hours not earlier than 8:00 a.m. and not later than 5:00 p.m., Monday through Saturday, noon to 5:00 p.m. on Sunday.
(M) Drive-through services are prohibited.
(N) No use or consumption in any manner of marijuana is permitted on the premises of any dual-purpose marijuana facility.
(O) Dual-purpose marijuana facilities must comply with City of Yuma sign code regulations.
(P) Dual-purpose marijuana facilities shall have interior lighting of sufficient intensity to illuminate every place that members of the public are permitted access, with overhead light fixtures that have an illumination of not less than two foot-candles as measured at the floor level, when the dispensary is open to the public.
(Q) Dual-purpose marijuana facilities shall have exterior lighting of sufficient intensity and number to illuminate every portion of the property with an illumination level of not less than one foot-candle as measured at the ground level, including, but not limited to, landscaped areas, parking lots, driveways, walkways, entry areas, and refuse storage areas, at all times between sunset and sunrise.
(R) Dual-purpose marijuana facilities shall be configured such that there is an unobstructed view of every public area of the premises, unaided by closed circuit cameras or any other means, by a manager. No public area shall be obscured by any door, curtain, wall, two-way mirror, or other device. A manager shall be in the public portion of the dispensary at all times it is in operation or open to the public, in order to enforce all rules and regulations.
(S) If windows exist in the building that houses a dual-purpose marijuana facility, there shall be an unobstructed view through those windows, from the outside of the building in.
(T) Dual-purpose marijuana facilities shall provide for proper disposal of marijuana remnants or by-products, and shall not be placed within the facility's exterior refuse containers.
(U) Dual-purpose marijuana facilities shall comply with all other applicable city, state and federal regulations.
(V) Business licenses for dual-purpose marijuana facilities shall not automatically renew. Annual staff review and approval is required.
(Ord. O2011-06, passed 3-2-2011; Ord. O2021-002, 2-3-2021)
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