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(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)
4-H and FFA animal projects shall be allowed in all residential zones, subject to the following performance standards:
(A) The project time frame is September 1 through April 15 of each year. Included within this timeframe is the time designated for raising veal calves, which begins in January 1 and runs through April 15.
(B) At the beginning of each 4-H and FFA season, the University of Arizona Extension Yuma County 4-H and County FFA Chapter Advisors shall provide the Community Development Director with a list of participants, their addresses, number and type of animals.
(D) Animals shall be housed and/or caged according to standard acceptable 4-H and FFA practice.
(E) 4-H and FFA students shall ensure that 4-H and FFA standards for sanitation and food containment are followed.
(F) 4-H and FFA students shall be required to notify their immediate neighbors (any property touching the subject property) if they propose to keep animals outside the home, in the yard.
(G) Any animals proposed to be kept outside the house shall be located on a well-drained site in the rear portion of the lot (not in the side-yard unless arrangements have been made with the side-yard neighbor).
(H) Division (A) above does not overrule the decision of the property owner (if renting the residence) or the CC&R’s who/which may not allow this activity.
(I) In the event the city receives a complaint about the keeping of any 4-H and FFA project animal(s), the city will first notify the University of Arizona Extension Yuma County 4-H and County FFA Chapter Advisors and allow those advisors to work with the student to correct the situation, before proceeding with any code enforcement action.
(J) Animals located on a lot that is adjacent to an agricultural farm field that is producing fresh vegetables must comply with the following additional requirements:
(1) Provide a minimum of a three feet solid barrier fence between the lot and agricultural farm field;
(b) The animal(s) shall be kept a distance of at least 30 feet from the crop in the neighboring field (the distance of separation follows the current Commodity Specific Food Safety Guidelines for the Production and Harvest of Lettuce and Leafy Greens, as may be amended);
(c) No run-off is allowed onto any adjacent property; and
(d) Animals shall not be walked within 30 feet of agricultural farm fields.
(Ord. O2009-29, passed 10-7-2009; Ord. O2010-32, passed 7-7-2010; Ord. O2012-05, passed 3-7-12)
(A) Site restrictions.
(1) A mobile food vendor on private property shall be subject to the following site restrictions:
(a) Mobile food vendors shall operate only upon paved surfaces, not within any required retention areas, and shall not block drive aisles or required parking spaces (§ 154-16).
(b) Each mobile food vendor must maintain a minimum of three paved parking spaces on the site designated for their customers' vehicles. These spaces are in addition to what is required for any existing business at the mobile vending site operating during concurrent hours. Tables and chairs may be used but cannot be located in required parking spaces.
(c) Mobile food vendors shall operate only at sites that provide access to a restroom that meet current City of Yuma Building Codes. Portable restrooms will not be recognized as a required restroom. This restroom must be available to the mobile food vendor(s) and their customers.
(d) The use of signs on the food vending unit and any associated vehicles may not break/ extend beyond the silhouette of the vehicle. All mobile food vendors are subject to the City of Yuma Sign Regulations (§ 154-17). A mobile menu board located no further than five feet from the food vending unit is allowed, but may not be placed upon or block any public sidewalk.
(e) Food vending units shall not be located within:
1. 20 feet of any street right-of-way;
2. Any visibility triangle;
3. 300 feet of the beginning of a freeway entrance ramp and the ending of a freeway exit ramp;
4. 125 feet of a residentially zoned property or residential use;
5. 150 feet of a customer entrance of a business that has a primary use classified as restaurant; or
6. 300 feet of any school property.
(f) Mobile food vendors shall obtain and maintain written permission from the property owner(s) to use the property on which the food vending unit is located. A copy of the written permission shall be provided to the City of Yuma on an annual basis in order to renew the business license, and shall be kept visible to the public, along with the current business license, in the food vending unit.
(g) Mobile food vendors shall obtain and maintain a mobile food unit permit from the Yuma County Health Department. A copy of this permit shall be provided to the City of Yuma on an annual basis in order to renew the business license. Upon revocation of the Yuma County Health Department permit, the City of Yuma business license will be suspended, whether temporarily or permanently.
(h) Only one mobile food vendor is allowed to operate one food vending unit at a mobile vending site. A conditional use permit, heard and decided by the Hearing Officer, is required for more than one mobile food vendor or food vending unit to locate at a mobile vending site.
(i) Exemptions. These provisions do not apply to itinerant vendors of non-food related items or seasonal itinerant vendors, as defined in §154-01.07.
(B) Operational restrictions.
(1) Mobile food vending on private property shall be subject to the following operational restrictions:
(a) Mobile food vendors shall not operate between the hours of midnight and 5:00 a.m.
(b) All food vending units shall be removed from the mobile vending site during the hours of non-operation. Any accessory structure(s) used and/or associated with the food vending operation shall also be removed from the mobile vending site during hours of non-operation. This means that all food vending units and their structures shall be removed from the mobile vending site no later than midnight.
(c) The site upon which a food vending unit is operating shall at all times be kept clean and free from litter, garbage, rubble and debris. The mobile food vendor is required to provide their own trash can and to dispose of their own trash at appropriate places. This means that the food vendor(s) have the responsibility of maintaining a clean site, even if their customer(s) are not making the mess.
(d) Mobile food vendors shall not use bells, chimes, microphones, generators louder than 70 decibels at 10 feet, loudspeakers, amplified music, strobe lights, spot lights or any other audible or visual disturbance as a part of its mobile vending operation.
(Ord. O2014-20, passed 8-27-2014)
(A) Site restrictions.
(1) A transient food vendor on private property shall be subject to the following site restrictions:
(a) Transient food vendors shall operate only upon paved surfaces, not within any required retention areas, and shall not block drive aisles or required parking spaces (§ 154-16).
(b) Tables and chairs cannot be used at the mobile vending site.
(c) The use of signs on the food vending unit and any associated vehicles may not break/extend beyond the silhouette of the vehicle. All transient food vendors are subject to the City of Yuma Sign Regulations (§ 154-17). A mobile menu board located no further than five feet from the food vending unit is allowed, but may not be placed upon or block any public sidewalk.
(d) Food vending units shall not be located within:
1. 20 feet of any street right-of-way;
2. Any visibility triangle;
3. 300 feet of the beginning of a freeway entrance ramp and the ending of a freeway exit ramp;
4. 125 feet of a residentially zoned property or residential use;
5. 150 feet of a customer entrance of a business that has a primary use classified as restaurant; or
6. 300 feet of any school property.
(e) Transient food vendors shall obtain and maintain written permission from the property owner(s) to use the property on which the food vending unit is located. A copy of the written permission shall be provided to the City of Yuma on an annual basis in order to renew the business license, and shall be kept visible to the public, along with the current business license, in the food vending unit.
(f) Transient food vendors shall obtain and maintain a mobile food unit permit from the Yuma County Health Department. A copy of this permit shall be provided to the City of Yuma on an annual basis in order to renew the business license. Upon revocation of the Yuma County Health Department permit, the City of Yuma business license will be suspended, whether temporarily or permanently.
(g) Only one transient food vendor is allowed to operate one food vending unit at a mobile vending site. A conditional use permit, heard and decided by the Hearing Officer, is required for more than one transient food vendor to locate at a mobile vending site.
(h) Exemptions. These provisions do not apply to itinerant vendors of non-food related items or seasonal itinerant vendors, as defined in § 154-01.07.
(B) Operational restrictions.
(1) Transient food vending on private property shall be subject to the following operational restrictions:
(a) Transient food vendors shall not operate between the hours of midnight and 5:00 a.m.
(b) All food vending units shall be removed from the mobile vending site during the hours of non-operation. Any accessory structure(s) used and/or associated with the food vending operation shall also be removed from the mobile vending site during hours of non-operation. This means that all food vending units and their structures shall be removed from the mobile vending site no later than midnight.
(c) The site upon which a food vending unit is operating shall at all times be kept clean and free from litter, garbage, rubble and debris. The transient food vendor is required to provide their own trash can and to dispose of their own trash at appropriate places. This means that the food vendor(s) have the responsibility of maintaining a clean site, even if their customer(s) are not making the mess.
(d) Transient food vendors shall not use bells, chimes, microphones, generators louder than 70 decibels at 10 feet, loudspeakers, amplified music, strobe lights, spot lights or any other audible or visual disturbance as a part of its mobile vending operation.
(Ord. 2014-20, passed 8-27-2014)
(A) Applicability. Accessory buildings or structures and uses shall be incidental to the principal residential use. They must be detached from the principal building, occupy less floor area, cover less lot area, and have a use that is secondary to the primary structure(s) and use(s) on the property. Accessory buildings or structures include storage sheds, workshops, outdoor barbeques, outdoor fireplaces, background composting site subject to the performance standards noted in § 154-15.18(A) and any other structures as determined by the Zoning Administrator. Buildings, structures, and uses may all function as "accessory," subject to the provisions below.
(B) Accessory uses. Accessory buildings or structures may be used for home occupations in compliance with § 154-15.08.
(C) Accessory buildings or structures.
(1) Accessory buildings or structures that exceed 200 square feet in area or eight feet in height are permitted in residential districts, subject to the following standards:
(a) Use. Accessory buildings or structures shall not be used as a dwelling, except where permitted by Zoning District. Plumbing is permitted in accessory buildings for a washing machine only.
(b) Setback.
1. Accessory buildings or structures shall be located behind the midpoint of the principal building. The leading edge of such buildings, including overhangs, shall be setback at least three feet from side and rear property lines. An additional one foot setback is required for every additional foot in height above eight feet. This provision is applicable within certain identified zoning districts regardless of setback illustrations on plats if the setbacks illustrated on the plat are the same as the standard setbacks for that zoning district. If the setbacks illustrated on the plat are larger than the standard setbacks for that zoning district, then the platted setbacks take precedence.
2. Accessory buildings in the Agriculture (AG) district shall comply with the setback standards required in the district.
3. Accessory buildings or structures shall comply with the street setback standards required in the applicable zoning district.
4. On a through lot, accessory buildings or structures shall not be located closer to the rear property line than the distance required for the front yard building setback.
5. Accessory buildings or structures shall comply with all applicable building and fire codes.
(c) Height. The maximum allowable building height shall be 25 feet or the height of the principal building, whichever is less. On lots with elevation changes, accessory structures shall not be permitted on lot areas where the accessory structure will be higher than the principal structure roofline. See Illustration 15-1.
(d) Area. Accessory buildings or structures shall comply with lot coverage regulations for the applicable zoning district.
(e) Compatibility. Accessory buildings or structures shall be designed with a logical hierarchy of masses with regard to height, size, and volume; and use construction materials and colors that are contextually appropriate and compatible with the principal building and surrounding neighborhood. An accessory building or structure shall not exceed 50% of the total square footage of the primary residence.
(2) Accessory buildings or structures that are between 121 square feet and 200 square feet in area, and less than eight feet in height are permitted in residential districts, subject to the following standards:
(a) Use. Accessory buildings or structures shall not be used as a dwelling, except where permitted by Zoning District. Plumbing is permitted for a washing machine only.
(b) Setback.
1. Accessory buildings or structures shall not be located in the required front yard building setback. The leading edge of such buildings, including overhangs, shall be setback at least three feet from side and rear property lines. This provision is applicable within certain identified zoning districts regardless of setback illustrations on plats.
2. Accessory buildings or structures shall comply with the street setback standards required in the applicable zoning district.
3. On a through lot, accessory buildings or structures shall not be located closer to the rear property line than the distance required for the front yard building setback.
(c) Height. The maximum allowable building height shall be less than eight (8) feet or the height of the principal building, whichever is less. On lots with elevation changes, accessory structures shall not be permitted on lot areas where the structure will be higher than the principal structure roofline.
(d) Area. Accessory buildings or structures shall comply with lot coverage regulations for the applicable zoning district.
(3) Accessory buildings or structures that are 120 square feet or less in area and less than eight feet in height are permitted in residential districts, subject to the following standards:
(a) Use. Accessory buildings or structures shall not be used as a dwelling, except where permitted by Zoning District. Plumbing is permitted for a washing machine only.
(b) Setback.
1. Accessory buildings or structures shall not be located in the required front yard building setback. The leading edge of such buildings, including overhangs, can be set along the side and rear property lines. This provision is applicable within certain identified zoning districts regardless of setback illustrations on plats. A four foot separation between the accessory structure and any other structures shall be provided in order to maintain fire and emergency access.
2. Accessory buildings or structures shall comply with the street setback standards required in the applicable zoning district.
3. On a through lot, accessory buildings or structures shall not be located closer to the rear property line than the distance required for the front yard building setback.
(c) Height. The maximum allowable building height shall be less than eight feet or the height of the principal building, whichever is less. On lots with elevation changes, accessory structures shall not be permitted on lot areas where the structure will be higher than the principal structure roofline.
(d) Area. Accessory buildings or structures shall comply with lot coverage regulations for the applicable zoning district.
(D) Appeals. An applicant may appeal a decision of the Zoning Administrator regarding the compatibility requirement to the Hearing Officer in accordance with § 154-03.02(C).
Table 15-1- Basic Guidelines for Accessory Buildings and Structures | |||
Height
| Area
| Accessory Structure Setback | |
More than 8 feet | OR | More than 200 square feet | 3 feet + 1 foot for each foot over 8 feet in height |
8 feet or less | AND | 121 - 200 square feet | 3 feet |
8 feet or less | AND | 0 - 120 square feet | 0 feet |
Structures larger than 200 square feet or 10 feet in wall height require a building permit. Electrical requires separate permits. Additional building requirements may apply. | |||
(Ord. O2014-29, passed 10-1-2014; Ord. O2017-035, passed 9-20-2017; Ord. O2019-001, passed 1-16-2019; Ord. O2020-024, passed 11-4-2020)
(A) Applicability. One accessory dwelling is permitted as a subordinate to an existing or planned single-family dwelling unit (primary residence), provided that the provisions below are met.
(B) Accessory uses. Accessory dwellings may be used for home occupations in compliance with § 154-15.08.
(C) Accessory dwellings. Accessory dwellings are subject to the following standards:
(1) Use. Permitted on certain residentially zoned properties which currently have or will have a single-family residence. Only one unit will be permitted for each property; the accessory dwelling may be attached to or detached from the primary residence.
(2) Lot size. Accessory dwellings are permitted on lots that meet the minimum lot size requirement for the zoning district they are located.
(3) Lot coverage. Accessory dwellings are permitted to increase the lot coverage of the applicable zoning district by 5%.
(4) Setback.
(a) Accessory dwellings shall be located behind the midpoint of the primary residence, in addition to complying with the side and rear yard setbacks of the applicable zoning district.
(b) If the accessory dwelling is being accessed from an alley, the rear yard setback may be reduced to five feet.
(5) Unit size.
(a) Each accessory dwelling shall have a minimum size of 100 square feet.
(b) The maximum permitted size of an accessory dwelling shall not exceed 50% of the total square footage of the entire structure of the primary residence to include all covered area.
(6) Height. The maximum allowable building height shall be no higher than the single-family dwelling unit on site. The maximum height of an accessory dwelling unit cannot exceed the height restrictions of the applicable zoning district. Dwelling units which are located above a detached garage (carriage house or garage apartment) shall not exceed a total building height of 25 feet. See illustration at the end of this section.
(7) Parking. Required off-street parking for the principal dwelling unit must be maintained or established.
(8) Owner occupancy. It is required that the property owner reside on the property, whether it be in the principal or accessory dwelling unit. Owner occupancy is intended to help protect the stability and character of a neighborhood. A deed restriction shall be recorded against the property requiring owner occupancy of one of the units on the site.
The property owner shall sign and the City shall record a deed restriction for the accessory dwelling pursuant to the City of Yuma Code.
(9) Design. Accessory dwellings will be required to incorporate the same or similar exterior colors, architectural detailing, and exterior materials, including window style, as the principal residence. The design of all accessory dwellings or carriage houses shall be reviewed by staff upon the submittal of an application. Any accessory dwelling located in a historic district will require approval from the Design and Historic Review Commission. An appeal, heard and decided by the Planning and Zoning Commission, is required when a proposed accessory dwelling unit does not meet these design requirements.
(10) Pre-existing units. An accessory dwelling that existed prior to the adoption of this ordinance, may be legally established and continue to be utilized as a dwelling unit if the following conditions are met:
(a) The property owner must file an application for the accessory dwelling. The Zoning Administrator may waive certain requirements, if said requirements are unfeasible to achieve in bringing a pre-existing unit into compliance.
(b) Prior to the establishment of a conforming pre-existing dwelling unit, the property owner shall allow inspection of the unit by the City of Yuma in order to ensure the minimum requirements relating to fire, life safety, and public health are met.
(c) A pre-existing unit shall remain non-conforming until an application has been applied for and approved legalizing the existing accessory dwelling.
(d) The property owner shall obtain a deed restriction for the accessory dwelling pursuant to the City of Yuma Code.
(D) Accessory dwelling examples.
Accessory Dwelling (Alley Access)
Accessory Dwelling (Garage Apartment w/ Alley Access)
Accessory Dwelling (Modern Suburban Subdivision)
(Ord. O2017-013, passed 5-3-2017; Ord. O2023-035, passed 11-15-2023)
(A) Purpose. Regulations for corner markets are established to promote the general convenience, welfare and prosperity of the community. Allowing limited commercial development to occur within certain residential districts allows nearby residents the opportunity to conveniently access goods and services. This translates to an increase in walking, and a decrease in trips by automobile, benefitting the health of residents and reducing traffic congestion and energy consumption for transportation. To protect the residential character of the neighborhood, corner markets shall be limited to specific uses to protect the public health, safety, convenience, general welfare and character of the surrounding residential neighborhood.
The Infill Overlay District is intended to encourage walkable, mixed-use development. Careful planning efforts, allow for new development and businesses, giving residents the option to live close to their daily destinations. By permitting limited commercial activities to occur within the residential districts of the Infill Overlay, the City of Yuma is providing residents the opportunity to increase mixed-use development and create more livable neighborhoods.
(B) Uses allowed as a corner market:
(1) Cafes;
(2) Grocery and produce sales;
(3) Bakery;
(4) Deli;
(5) Hardware stores; and
(6) Personal service(s); limited to salons, barbers, tailors and laundromats.
(C) Conditional uses allowed as a corner market:
(1) Any use permitted within the Limited Commercial (B-1) District, except any type of adult oriented businesses.
(D) Limitations. Allowed uses above shall not be permitted to primarily engage in the sale or consumption of alcohol.
(E) Allowed accessory uses. A single dwelling unit located within the same building may be owner-occupied or a rental unit.
(F) Corner markets. Corner markets are subject to the following development standards:
(1) Location. Corner markets shall be located on 2-lane collector streets as identified by the 2014 City of Yuma Transportation Master Plan.
(2) Lot size. Corner markets are permitted on lots that meet the minimum lot size requirement for the zoning district they are located.
(3) Lot coverage. Corner markets are required to meet the lot coverage allowances as dictated by the applicable zoning or overlay district.
(4) Setbacks. Corner markets are required to meet the setback requirements as identified within the applicable zoning or overlay district.
(5) Height. Corner markets shall not exceed a total building height of 25 feet and shall be in keeping with the general character of the surrounding area.
(6) Maximum area. The area of a corner market shall be limited to a maximum gross floor area of 1,600 square feet.
(7) Distance. A corner market may not be located within 1,000 feet of another corner market.
(8) Landscaping and irrigation. Landscaping and irrigation shall be provided in the manner set forth in Article 20 of this chapter.
(9) Parking. Corner markets and any attached residential unit shall provide adequate parking as outlined below.
(a) A corner market shall be required to provide two spaces offstreet.
(b) Off-street parking shall be limited to no more than four spaces.
(c) Retail uses shall provide one space for each 400 square feet of gross floor area.
(d) Cafes shall provide one space for each 50 square feet of gross floor area where the public is served.
(e) Required parking utilized by customers may be provided through the means of on-street parking, if available. If utilizing on-street parking, parking is to be located on the same side of the street as the use, may not extend beyond the street frontage of the subject property, and must be approved by the City of Yuma Traffic Engineer.
(f) In addition to motor vehicle parking, bicycle parking shall be provided on-site.
(g) Unless specified above, all parking areas shall be provided in accordance with Article 16 of this chapter.
(10) Lighting. All exterior lighting fixtures shall be properly arranged, shielded and located as to direct the light away from any public or private street right-of-way or adjoining residential properties, as specified in Article 18 of this chapter. In addition to the requirements outlined in Article 18, light poles shall be restricted to a maximum height of 12 feet.
(11) Hours. Hours of operation, including the loading and unloading of merchandise, are limited to the hours between 6:00 a.m. and 10:00 p.m.
(12) Neighborhood meeting. A neighborhood meeting shall be held onsite prior to the issuance of a building permit and/or establishment of a corner market. Neighborhood meetings are an informal meeting between the applicant and interested residents who may reside, own property, or work in the area. These meetings offer residents an opportunity to provide input before formal plans are rendered.
(13) Appeal. An appeal, initiated by the applicant or neighboring resident, regarding a determination of the Zoning Administrator or the Planning and Zoning Commission under this section, shall be quasi-judicial in nature and appeal shall be made to the City Council by filing a Notice of Appeal with the Yuma City Clerk within 15 days following the determination. City Council’s decision shall be final.
(Ord. O2018-033, passed 8-1-18; Ord. O2021-012, passed 8-4-21)
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