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(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)
(A) Backyard composting sites shall be allowed in all residential zoning districts or properties with a residential use and are an accessory use to a community garden, subject to the following performance standards:
(1) No composting container may be located closer than five feet to any rear or side property and may not be located within the front yard setback.
(2) No composting container shall be located closer than 20 feet to any residential dwelling, except the dwelling on the property at which the compost container is located.
(3) Composting containers shall be located and designed such that seepage from the compost will not run off into public or private streets, storm sewers, drainage ditches, stormwater basins or neighboring properties.
(4) All composting must occur in a container constructed of wood, wire mesh, or concrete block or a combination thereof, or in a commercially available compost bin designed for composting organic materials.
(5) The maximum height of the composting container shall be five feet.
(6) No composting container may be located within the following Airport Overlay District Zones: APZ-1, APZ-2 and Clear Zone, and may not be located within the Runway Approach Departure Safety Area/Airport Industrial Overlay Districts.
(B) Large composting sites may be permitted as a conditional use in the Agricultural (AG), Light Industrial (LI) and Heavy Industrial (HI) zoning districts, subject to the following performance standards:
(1) A large composting site shall be located on three or more contiguous acres.
(2) No composting activity may be located closer than ten feet to any rear or side property and may not be located within the front yard setback.
(3) No composting activity shall be located closer than 1,000 feet to any property that is residentially zoned or used for a residence, except the dwelling on the property at which the compost activity is located.
(4) Composting activity shall be located and designed such that seepage from the compost will not run off into public or private streets, storm sewers, drainage ditches, stormwater basins or neighboring properties.
(5) All composting must occur in a controlled manner to minimize the creation of nuisances.
(6) Compost materials shall be layered, aerated, moistened, turned and managed to promote effective decomposition of the materials in a safe, secure and sanitary manner.
(7) No composting activity may be located within the following Airport Overlay District Zones: 75-80 dB, greater than 80 dB noise Zone, APZ-1, APZ-2 and Clear Zone, and may not be located within the Runway Approach Departure Safety Area/Airport Industrial Overlay Districts.
(C) Agricultural composting sites that meet the requirements of A.R.S. § 9-461.02(G) are not prevented or restricted by these requirements. Agricultural composting sites are subject to the following performance standards as noted in A.R.S. § 9-461.02(G):
(1) Agricultural composting shall be located on five or more contiguous acres.
(2) An agricultural composting operation shall notify the City of Yuma Fire Department in writing of the location of the composting operation.
(3) Agricultural composting may not be conducted within 1,320 feet of an existing residential use, unless the operations are conducted on farmland or land leased in association with farmland.
(4) No agricultural composting operation may be located within the Airport Overlay District or within the Runway Approach Departure Safety Area/Airport Industrial Overlay Districts.
(D) Nuisance. A backyard composting site or large composting site must not be established or maintained in a manner such that it creates malodorous conditions or other nuisances and any composting shall be suspended or terminated if at any time it is determined by the City of Yuma that a nuisance exists or that conditions exist constituting a fire or health hazard.
(Ord. O2019-001, passed 1-16-2019)
(A) Company Housing Complex (Small). Company housing complexes are subject to the following standards:
(1) Development standards. Company housing complexes must meet all development standards required for the designated zoning district.
(2) Distance. Establishments of this type located within any zoning district shall not be located within 1,000 feet of another company housing complex.
(3) Parking. Shall comply with the parking required of multiple dwellings (refer to § 154-16.07(FF)(3).
(a) The parking and/or idling of vehicles, used for pick-up, on public streets shall be prohibited.
(4) Beds. Each occupant shall be required to have or be provided their own bed.
(5) Regulations. Housing occupancy regulations are required of all company housing complexes. A copy of the regulations is required with the application of a Conditional Use Permit (CUP).
(6) Annual inspection. An annual (yearly) inspection of the company housing complex will be performed by the Building Official and/or the Fire Marshal, prior to occupancy. The purpose of the inspection is to ensure that all requirements outlined in the Property Maintenance Code, the Fire Code, the NFPA 101 Life Safety Code, and any CUP are being met.
(7) Notification. All company housing complexes are required to have property manager contact information posted on-site with visibility and access by the general public.
(B) New Company Housing Complex Conversion (Large). Company housing complex conversions are subject to the following standards:
(1) Applicability. The following development standards shall apply to those developments which were constructed on or prior to the adoption of this ordinance and are being converted for the use of company housing.
(2) Occupancy. The Building Official, utilizing the Property Maintenance Code, shall determine occupancy for an existing development, which is being converted for the use of company housing.
(3) Distance. There is no distance separation requirement for a new conversion company housing complex (large).
(4) Parking. Shall comply with the parking required of multiple dwellings (refer to § 154-16.07(FF)(3).
(a) Shall provide dedicated on-site bus parking for loading and unloading of residents with a minimum of one bus parking space for each 50 residents.
(b) The parking and/or idling of vehicles, used for pick-up, on public streets shall be prohibited.
(c) The Zoning Administrator shall have the authority to approve off-site pick-up locations as an alternative to providing on-site bus parking when such alternatives are available.
(d) If on-site parking area is to be utilized for outdoor recreation space, a deed restriction will be required in order to ensure that such parking area be reestablished upon conversion to a standard housing development.
(5) Beds. Each occupant shall be required to have or be provided their own bed.
(6) Amenities. It is required that each company housing complex conversion (large) provide the following amenities:
(a) Indoor recreation facility;
(b) Outdoor recreation facility; and
1. Facility shall include at least one of the following:
i. Sporting court and/or field.
ii. Ramada(s).
iii. BBQ grill(s).
2. On-site outdoor recreation facility will not be required if the property is within 1,500 feet of a public park which provides one of the above amenities.
3. Each new conversion company housing complex (large) shall utilize 10% of the property for outdoor recreation facilities/open space.
(c) On-site laundry facilities.
(7) Management. A complex, housing twenty-five (25) or more occupants requires the presence of a crew chief or supervisor on-site.
(8) Annual inspection. An annual (yearly) inspection of the corporate housing complex will be performed by the Building Official and/or the Fire Marshal, prior to occupancy. The purpose of the inspection is to ensure that all requirements outlined in the Property Maintenance Code, the Fire Code, the NFPA 101 Life Safety Code, and any CUP are being met.
(9) Notification. All company housing complexes are required to have property manager contact information posted on-site with visibility and access by the general public.
(C) New Construction Company Housing Complex (Large). Company housing complexes are subject to the following standards:
(1) Applicability. The following development standards shall apply to those developments which are constructed after the adoption of this ordinance.
(2) Occupancy. The Building Official, utilizing the Property Maintenance Code, shall determine occupancy for each unit of the development.
(3) Distance. There is no distance separation requirement for new construction of a company housing complex (large).
(4) Parking. Shall comply with the parking required of multipledwellings (refer to § 154-16.07(FF)(3).
(a) Shall provide dedicated on-site bus parking for loading and unloading of residents with a minimum of one bus parking space for each 50 residents.
(b) The parking and/or idling of vehicles, used for pick-up, on public streets shall be prohibited.
(c) The Zoning Administrator shall have the authority to approve off-site pick-up locations as an alternative to providing on-site bus parking when such alternatives are available.
(d) If on-site parking area is to be utilized for outdoor recreation space, a deed restriction will be required in order to ensure that such parking area be reestablished upon conversion to a standard housing development.
(5) Beds. Each occupant shall be required to have or be provided their own bed.
(6) Amenities. It is required that each new construction company housing complex (large) provide the following amenities:
(a) Indoor recreation facility;
(b) Outdoor recreation facility; and
1. Facility shall include at least one of the following:
i. Sporting court and/or field.
ii. Ramada(s).
iii. BBQ grill(s).
2. On-site outdoor recreation facility will not be required if the property is within 1,500 feet of a public park which provides one of the above amenities.
3. Each new construction company housing complex (large) shall utilize 10% of the property for outdoor recreation facilities and green space.
(c) On-site laundry facilities.
(7) Management. A complex, housing 25 or more occupants requires the presence of a crew chief or supervisor on-site.
(8) Annual inspection. An annual (yearly) inspection of the company housing complex will be performed by the Building Official and/or the Fire Marshal, prior to occupancy. The purpose of the inspection is to ensure that all requirements outlined in the Property Maintenance Code, the Fire Code, the NFPA 101 Life Safety Code, and any CUP are being met.
(9) Notification. All company housing complexes are required to have property manager contact information posted on-site with visibility and access by the general public.
(D) Existing Company Housing Complex Conversion.
(1) A legally established complex that existed prior to the adoption of this ordinance may continue to be utilized as a company housing complex, with no additional amenities required to be installed per § 154-15.19.
(2) In order to utilize an existing company housing complex conversion which has been vacant for a period of two or more years, all provisions of § 154-15.19(B) will need to be met.
(Ord. O2019-022, passed 6-5-2019)
The off-street parking and loading regulations are designed to reduce street congestion and traffic hazards by the establishment of standards to ensure adequate number, size and location of off-street parking and loading spaces to be provided with the various land uses permitted in this chapter.
('80 Code, App. A, § 160) (Ord. 583, passed 9-16-1952; Ord. 800, passed 5-17-1960; Ord. 1812, passed 2-7-1979; Ord. O2010-32, passed 7-7-2010; Ord. O2017-016, passed 5-17-2017)
(A) Duty to provide. The duty to provide and maintain off-street parking and loading spaces herein required shall be the joint and several responsibility of the owner and occupant of the land on which is established any use for which any off-street parking or loading space is required to be provided and maintained.
(B) Permit. No building permit shall be issued, no use shall be established or changed, and no structure shall be erected, enlarged or reconstructed unless the applicant has presented satisfactory evidence to the Building Official that the off-street parking and loading spaces herein required are provided in the minimum amounts and maintained in the manner specified; provided, however:
(1) For the enlargement of a structure or for the expansion of a use of structure or land there shall be required only the number of off-street parking and loading spaces as would be required if such enlargement or expansion were a separate new structure or use; and
(2) For a change in the class or use of a structure or land, the number of additional off-street parking and loading spaces required shall be equal to the number required for the new use, less the number of spaces which would have been required for the previous use if it had been established in conformance with this subchapter; but in no case shall the total number of spaces furnished be required to exceed the minimum number required for the new use.
(C) Paving; materials. All off-street parking spaces, parking lots, access ways, and loading areas shall be paved with a durable, dust-free surface of masonry; portland cement concrete, asphalted concrete or other durable, hard-faced material, except residential uses in the agriculture, suburban ranch, Low Density Residential (R-1-40), or the Residential Estate (RE-35) zoning districts where alternative paving materials, such as rock, gravel or ABC may be used. Secondary driveways in residential districts may also utilize gravel or rock.
Alternative paving materials.
(1) The rock or gravel may not be smaller than one-quarter inch and no larger than three-quarter inch.
(2) The depth of the gravel shall be three inches.
(3) The gravel driveway must be contained within a permanent border deep enough to maintain required gravel depth.
(D) Gross floor area. Gross floor area, for determining off-street parking and loading requirements, shall mean the sum total of the gross areas of the several floors of a building or buildings measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings; and including open areas either covered or open to the sky used for serving the public as customers, patrons, clients or patients. Gross floor area shall not include: underground parking space, uncovered steps, exterior balconies, exterior walkways, restrooms or mechanical equipment areas.
(E) Shared parking. Shared parking may be applied to mixed use developments or two (2) or more nonresidential uses in which the uses operate at different peak times from one another.
Shared parking shall be subject to the review and approval of the Director of the Department of Planning and Neighborhood Services. An application for shared parking shall conform to the following standards:
(1) A narrative statement shall be supplied explaining how shared parking will be managed. This narrative must explain the proposed hours of operation for each use on site;
(2) Floor plans and a parking count analysis shall be included, and the analysis shall illustrate parking needs without a shared use and with a shared use plan, while also demonstrating a plan to address any future change of use; and
(3) Completion of a recorded agreement between business and/or property owners with an acknowledgement that any changes in use or hours of operation may invalidate the agreement. City regulations shall be consulted.
(F) Parking spaces for people with disabilities. In accordance with the current Americans with Disabilities Act (ADA) standards, parking for people with disabilities shall be provided in all public places in convenient locations and reserved for people with disabilities.
(G) Fractional measurements. Unless otherwise provided for in the specific regulations, one additional parking space shall be required if the fractional number of one-half or more is calculated for required parking spaces.
('80 Code, App. A, § 160) (Ord. 583, passed 9-16-1952; Ord. 800, passed 5-17-1960; Ord. 1812, passed 2-7-1979; Ord. O2010-32, passed 7-7-2010; Ord. O2017-016, passed 5-17-2017; Ord. O2023-040, passed 1-3-2024) Penalty, see § 154-999
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