§ 154-15.17  Corner Markets in Residential Districts within the Infill Overlay District.
   (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.
      (2)   Allowed uses as identified in § 154-15.17(B) which do not meet the development standards in § 154-15.17(F).
   (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)