San Luis City Zoning Code

18.65 Overlay

Zoning Districts

18.65.010 General requirements – Overlay zoning districts.

(A) Purpose. The overlay zoning districts shall be in addition to, and shall overlay, all other zoning districts where they are applied, so that any parcel of land lying in an overlay zoning district shall also lie in one or more of the other zoning districts provided for by this title. It is the intent of these overlay districts to regulate land uses, conditional uses, design standards and development standards as well as the specific submittal requirements and review criteria. The specific overlay zoning districts are as follows:

(1) SLCC 18.65.020, “AP” Airport Overlay Zoning District;

(2) SLCC 18.65.030, “FP” Floodplain Overlay Zoning District;

(3) SLCC 18.65.040, “AO” Aesthetic Overlay Zoning District; and

(4) SLCC 18.65.050, “P” Public Overlay Zoning District.

(B) Review Process. All development and construction in each of the overlay zoning districts shall require site plan review, by the Zoning Administrator, prior to the applicant’s submittal for building or grading permits. All applications for site plan review shall comply with the submittal requirements outlined in SLCC 18.15.070. The required fee shall accompany all applications.

(1) General Provisions. The general provisions in Chapter 18.70 SLCC shall apply.

(2) Parking Regulations. The parking regulations in Chapter 18.75 SLCC shall apply.

(3) Signs. All signage shall comply with the regulations of Chapter 18.80 SLCC.

(4) Outdoor Lighting. All outdoor lighting shall comply with Chapter 18.85 SLCC.

(5) Landscape Regulations. All landscaping shall comply with Chapter 18.90 SLCC. (Ord. 312 § 2(13.0), passed 4-11-2012. Code 2012 § 152.195.)

18.65.020 “AP” Airport Overlay Zoning District.

(A) Purpose. The purpose of this “AP” Airport Overlay Zoning District is to recognize the impacts and hazards associated with the operation of public and private airports. It is the intent of this overlay to promote the public health and safety in the vicinity of the Rolle Airfield by minimizing exposure to crash hazards and high noise levels generated by airport operations and to encourage future development which is compatible with the continued operations and planned future expansion of the airport. It is the intent of this overlay district to regulate land uses, and specify acoustical performance standards and height limitations in order to protect lives and property and conversely to adequately protect Rolle Airfield to ensure its success in meeting the long-range general aviation needs of San Luis and the extreme southwestern Yuma County.

(1) Notwithstanding any other provision of this overlay district, no use may be made of land or water within this overlay district in such a manner as to create electrical interference with navigational signals or radio communication between the airport and the aircraft, make it difficult for pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise materially endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport, such as buildings with reflective glass or any type of reflective/glare-producing exterior, high intensity recreation type lights (especially on high standards), smoke, antennas, landfills, garbage dumps, incinerators, or high tension transmission lines.

(2) The Federal Aviation Regulations (F.A.R.) Part 77 Airspace Plan, the Airport Influence Area (AIA) map, and the 2020 Aircraft Noise Exposure map, and other information contained in the “Rolle Airfield Airport Master Plan,” dated March, 2001, and amendments thereto as may from time to time be made shall be and the same is hereby adopted as part of this section.

(3) Building heights within the boundaries of the “AP” Airport Overlay Zoning District shall be as set forth in the Federal Aviation Regulations (F.A.R.) Part 77 Airspace Plan per the “Rolle Airfield Airport Master Plan” dated March, 2001, or as may be amended and the height limitations of the underlying zoning district, whichever is more restrictive.

(4) The “AP” Airport Overlay Zoning District shall be that area as defined as the “Airport Influence Area (AIA)” per the “Rolle Airfield Airport Master Plan” dated March, 2001, or as may be amended by the Yuma County Airport Authority (YCAA).

(1) Airport structures and facilities that are necessary for the operation of the airport and for the control of air traffic therefrom.

(2) Fixed base operators (FBOs).

(3) Heliports, glider operations, skydiving operations and grounds school training.

(4) Those uses permitted by right in the “OSC” Zoning District.

(5) Those uses permitted by right in the residential “RA-10” Zoning District, except for single residential and guest houses, wireless communication towers and antennas, wastewater treatment plants, utility generating plants, farm/ranching accessory structures that exceed the permitted height as set forth in the F.A.R. Part 77 plan for Rolle Airfield.

(6) Those uses permitted by right in the “H-I” General Industrial District, except broadcasting stations and studios, hospitals and outpatient clinics.

(7) Public or private golf course, including clubhouse and driving range located thereon provided there are no water features on the course. This does not permit or include miniature golf courses or stand-alone practice driving ranges, operated for commercial purposes, when not associated with a golf course.

(8) Public and private parks, including but not limited to picnic grounds, playgrounds, and athletic playing fields without playing field light standards; provided there are no bodies of water or water features within the parks.

(9) Public safety and law enforcement facilities.

(1) Travel plazas or truck stops subject to the provisions outlined in SLCC 18.40.020(C)(1).

(2) Warehouse and transfer facilities for general freight.

(3) Public or private detention and correctional facilities and only after it has been found to be in compliance with all applicable federal and state regulations.

(1) Public Disclosure of Potential Noise Impacts. No person shall sell, nor offer for sale, rent or lease, any property unless and until the prospective buyer or renter has been provided an avigational disclosure and release form for the subject property, which the prospective buyer or renter shall sign and file with the City. The disclosure statement shall serve as notice of the fact that the property is within an airport overlay area and that the property therein is subject to potential noise, vibration, and impacts from the Rolle Airfield.

(2) Notification on Plat or Title. When a subdivision plat or parcel split is required the following notice shall be placed on the plat and/or recorded with the title: “These properties, due to their proximity to the Rolle Airfield, are likely to experience aircraft overflights, which could generate noise levels which may be of concern to some individuals. The City, public and airport shall be held harmless from any damages caused by noise, vibration, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft taking off, landing, or operating on or near the airport, not including the physical impact of aircraft or parts thereof.”

(3) Noise Attenuation. The construction, alteration, moving, partial demolition, repair and use of any building or structure within the airport overlay area shall comply with the sound attenuation standards in order to achieve an exterior to interior noise level reduction (NLR) of 25 decibels. Certification of such NLR measures, by a registered engineer or a registered architect, shall be required to be submitted along with the application for a building permit. (Ord. 312 § 2(13.1), passed 4-11-2012. Code 2012 § 152.196.)

18.65.030 “FP” Floodplain Overlay Zoning District.

(A) Purpose. The purpose of this “FP” Floodplain Overlay Zoning District is to promote the public health, safety, and general welfare, and to minimize both public and private losses due to flood conditions by recognizing the impacts and hazards associated with flood conditions. It is the intent of this overlay to promote the public health and safety by minimizing the exposure of structures to potential flooding by encouraging future development to be located outside of the floodway and that appropriate uses and construction methods be utilized within the areas of the floodplain.

(1) This overlay district shall apply to all areas, within the jurisdictional boundaries of the City, that are designated as special flood hazard areas (SFHA) by the “Flood Insurance Study for Yuma County, Arizona (FIS),” dated December 15, 1983, and/or identified by FEMA in the specific Flood Insurance Rate Maps (FIRM), for those lands within the jurisdictional boundaries of the City of San Luis. The special flood hazard areas (SFHA) along with the FIRM are the minimum areas of applicability of this overlay zoning and may be supplemented by studies, amendments, and revisions. A set of FIRM maps shall be retained by the City and shall be available for inspection.

(2) If the Colorado River levee system is certified within two years from the date of adoption of the ordinance codified in this title, and continues to remain certified, then those areas protected by the levee system may be removed from the floodplain regulations.

(3) The Yuma County Floodplain Administrator and the Yuma County Flood Control District shall have regulatory powers over those lands identified as SFHA and delineated in the FIRM for the City.

(4) No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms outlined in the FIS for Yuma County, those of this overlay district and other applicable regulations.

(5) The degree of flood protection required by the “FP” Overlay Zoning District is considered minimum for regulatory purposes and is based on scientific and engineering considerations of the Yuma County Flood Control District. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. The “FP” Overlay Zoning District does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This overlay district shall not create liability on the part of the City or any officer or employee thereof, or the Yuma County Flood Control District for any flood damages that result from reliance on this overlay district or any administrative decision lawfully made herein.

(1) Those uses permitted by right in the “OSC” and “OSR” Zoning Districts.

(2) Those uses permitted by right in the “RA-10” Zoning District, except for kennels for the boarding or lodging, breeding, or training of small domesticated animals.

(D) Conditional Uses – “FP” Overlay Zoning District. Those uses permitted as conditional uses in the “RA-10” Zoning District, except that the following uses shall not be permitted:

(1) Kennels for the boarding or lodging, breeding, or training of small domesticated animals; and

(2) Cemeteries, crematoriums, columbaria and mausoleums including associated on-site mortuary.

(1) In all areas of special flood hazard all new construction and substantial improvements shall be anchored to prevent floatation, collapse or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads.

(2) All new construction and substantial improvements shall be constructed using materials and utility equipment resistant to flood damage and with methods and practices that minimize flood damage.

(3) All new construction and substantial improvements shall be designed and constructed so as to prevent water from entering or accumulating within any and all service, mechanical, or utility equipment components of the structure during conditions of flooding.

(4) All subdivision proposals shall have adequate drainage and shall be designed to direct flood waters around and away from proposed structures. All lots shall have a building pad that is certified to be one foot above the level of the base flood elevation. (Ord. 312 § 2(13.2), passed 4-11-2012. Code 2012 § 152.197.)

18.65.040 “AO” Aesthetic Overlay Zoning District.

(1) The “AO” Aesthetic Overlay District is an overlay to the underlying zoning district which may be used in combination with any zoning district provided in this title. The purpose of the Aesthetic Overlay District is to enhance the community’s image and attractiveness through creation of visually pleasing and inviting entryways of the City as well as providing community focal points or areas where the design of the physical improvements and landscape enhances the community’s appearance.

(2) This purpose is to be accomplished by:

(a) Creating review procedures that establish the authority to review, recommend, and approve proposed physical design elements within the viewshed and the general location of major transportation corridors that are prominent entry points to the City;

(b) Focusing on community design principles that result in creative, imaginative solutions that establish high quality design for specific areas of the City;

(c) Providing for site development that utilizes the unique characteristics of the site (such as location, surroundings, topography, or natural resources) and creates areas which are visually attractive to both the occupants, tenants and the general public;

(d) Minimizing conflicts between automobiles, pedestrians and bicycles; creating parking and loading/unloading areas which are attractive and unobtrusive; and maintaining efficient vehicular circulation;

(e) Providing safe and convenient access between and within all development in the district; and

(f) Providing landscaping which visually enhances both on-site and off-site development.

(1) The Aesthetic Overlay District does not modify uses permitted in existing zones, but allows that the district be superimposed over existing zones with each use conforming to the development standards required by the underlying zoning district. The provisions and regulations of the Aesthetic Overlay District are in addition to all other provisions and regulations of this title that apply to the underlying zoning as determined on the official zoning map of the City. Should provisions of the Aesthetic Overlay District conflict with other provisions of this title or the Yuma General Plan, the more restrictive provisions shall apply.

(2) The Aesthetic Overlay District may be used in combination with any zoning district provided in this title.

(C) Design Review Procedure. The project design plan shall be submitted and approved by the Zoning Administrator prior to the issuance of any construction or development permits.

(a) Any decorative or screening walls or fences must be either a masonry design or a well-foliaged plant wall.

(b) Chain link fencing, with or without slats, is not an acceptable screening or fencing material for areas visible from a public street. Razor wire, concertina wire or similar material shall not be used in areas visible from a public street.

(c) Walls located on a property line shall provide a minimum five-foot-wide landscaping strip located along the exterior of the walls. Landscaping within this strip shall meet the requirements stated in Chapter 18.90 SLCC.

(a) All landscaped areas, whether required or provided voluntarily shall meet the requirements stated in Chapter 18.90 SLCC.

(b) All landscape materials shall be allowed to grow to their natural height and shape appropriate for that plant.

(d) Buildings shall be located so that the building does not abut paved parking areas or drive aisles. A minimum five-foot-wide landscape strip shall be provided between parking areas or drive aisles and the building. This landscape strip shall not be included in the calculation of interior parking lot landscaping required in Chapter 18.90 SLCC. Twenty-five percent (25%) of the square footage of the landscape strip requirement may be used for pedestrian sidewalks. This landscape strip requirement shall be waived for areas adjacent to the building that are designed as access to loading dock(s) and delivery areas and that are screened from view from public streets.

(e) Accessible pedestrian route(s) shall be provided between public street sidewalks and accessible entrances to buildings on site.

(a) Project identification signs shall be placed on monuments, building façades or on low profile walls.

(i) Monument Signs. To encourage design flexibility, the maximum height of the sign may be lowered in order to decrease required set back from the street. No signs shall be permitted within visibility sight triangles. Low profile signs may be set back from the property line as follows:

Over 6 feet in height	12-foot setback
4 feet to 6 feet	6-foot setback
4 feet or less	3-foot setback

(ii) Signs shall be fully integrated with the design of the building and the site development, reflecting the architecture and the building materials. The means of integrating signs with the architecture of the building shall be achieved through replication of architectural embellishments, colors, building materials, texture, and other elements found in the building design.

(b) Window signs shall not exceed two square feet in area per tenant space and are limited to business identification, hours of operation, address and emergency information.

(d) Lettering or icons located on canopies or awnings shall not exceed 5% of the total square footage of the canopy or awning located on the particular façade on which the canopy or awning is attached.

(e) The following sign types are prohibited in the Aesthetic Overlay District:

(i) Animated signs;

(ii) Portable signs;

(iii) Revolving signs;

(iv) Flashing signs;

(v) Banner signs;

(vi) Swinging signs;

(vii) Under-canopy signs;

(viii) Roof-mounted signs;

(ix) Internally lit awning and canopy signs; and

(x) Pole-mounted signs.

(4) Utilities. All utilities shall be placed underground. In the event an above-ground electrical transformer is located outdoors on any site within the Aesthetic Overlay District, it shall be screened from view with landscaping and not located within any setback area. If the transformer cannot be screened, it shall be located in an underground vault. Exceptions to this requirement are as follows:

(a) Transformers, pedestal-mounted terminal boxes, meter cabinets and concealed ducts may be placed above ground, if they are used solely in connection with the underground transmission or distribution lines;

(b) Poles supporting street lights;

(c) If topography, soil or other physical conditions prevent underground installation of utilities unreasonable or impractical, the Zoning Administrator may waive the requirement; and

(d) The remodeling of existing structures, where the cost of remodeling is less than 50% of the replacement cost of the existing structure as determined for building permit fees, shall be exempt.

(a) Parking lot landscaping shall be designed to include tree varieties to provide shaded parking at growth maturity for a minimum of 30% of the required parking stalls.

(b) A bike rack shall be provided for each building on site.

(6) Lighting. Minimum standards for lighting for properties located within the Aesthetic Overlay District are as follows:

(a) Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of a minimum of one maintained foot-candle at the ground level and at seven feet vertical between sunset and sunrise;

(b) Open parking lots shall be illuminated with a minimum of one maintained foot-candle of light on the parking surface and at seven feet vertical between sunset and sunrise;

(c) All exterior entrances shall be illuminated with a minimum of five maintained foot-candles at ground level and at seven feet vertical between the hours of sunset and sunrise, with a minimum 15-foot radius from the center point of the entrance;

(d) Closed and covered parking structures and carports shall be illuminated with a minimum of five maintained foot-candles at ground level and at seven feet vertical between the hours of sunset and sunrise; during daylight hours, the area shall be illuminated with a minimum of ten foot-candles;

(e) Greenway trails, pathways, linear parks, multi-use trails and similar facilities shall be illuminated with a minimum of one-half maintained foot-candle at ground level and at seven feet vertical between sunset and sunrise; and

(f) Lighting devices shall be protected by weather- and vandal-resistant covers.

(E) Aesthetic Overlay District Design Guidelines. The Aesthetic Overlay District design guidelines upon adoption by the City Council shall be used in conjunction with this section to provide guidance for the property owners, tenants, and design professionals in the preparation of a project design plan.

(F) Building Permits Based Upon Approved Project Design. Within one year of approval of a project design by the Zoning Administrator, a building permit may be granted for a site based upon the project design approved by the Zoning Administrator. If more than one year has elapsed since approval of the project design for that location, such design plan shall be resubmitted to the Zoning Administrator to accept or modify the design previously approved, prior to issuance of a building permit.

(G) Amendments to Approved Project Design. Any substantial amendment or modification to an approved project design shall be reviewed by the Zoning Administrator. (Ord. 312 § 2(13.3), passed 4-11-2012. Code 2012 § 152.198.)

18.65.050 “P” Public Overlay Zoning District.

(A) Purpose. The principal purpose of the “P” Public Overlay Zoning District is to allow those government activities which are necessary to serve the public in particular locations of the City, and to distinguish them from private uses. The “P” Public Overlay Zoning District is to provide an overlay designation superimposed over existing zoning districts for those lands held in public ownership by local, state, and federal agencies within the City limits. It is intended that each public use conform to the development standards required for all other uses permitted within the underlying zoning district.

(1) The “P” Public Overlay Zoning District shall not apply to publicly owned land leased to private concerns for use other than by a political subdivision nor shall this district apply to privately owned land which is leased to a government agency.

(2) In the event that a government agency disposes of its property for which a Public Overlay Zoning District has been granted, such designation shall automatically expire, and the underlying zoning classification shall remain in effect.

(1) Open space, parks, fine arts center, convention center, and public recreational facilities.

(2) Public schools and playgrounds.

(3) Governmental office buildings and grounds, including service and maintenance facilities.

(4) Such public facilities as hospitals, libraries, museums and similar public facilities.

(5) Municipal water production and storage facilities; municipal sewage treatment plants; municipal facilities for the collection, transfer, and disposal of solid wastes.

(6) Public safety and law enforcement facilities.

(1) Wall-mounted and concealed/disguised personal wireless communication facilities, in accordance with Chapter 18.95 SLCC, are permitted as an accessory use for a legally established nonresidential principal use. Wall strapping of a personal wireless communications facility is not permitted.

(2) Roof-mounted personal wireless communication facilities are permitted on a publicly owned nonresidential building.

(3) The use of lattice tower structures for any personal wireless communication facility is not permitted.

(E) Property Development Standards. To meet the purpose of the “P” Public Overlay Zoning District, all uses shall meet the minimum development standards as specified by this title for the underlying zoning district or districts in which they are located.

(F) Procedure. An application for the “P” Public Overlay Zoning District shall only be made by an agency of the local, state, or federal government, in accordance with the procedures established in this title. (Ord. 312 § 2(13.4), passed 4-11-2012. Code 2012 § 152.199.)