(A) Permitted Uses. Permitted uses in any and all zoning districts shall be only those uses listed under “permitted uses” for each of the specific zoning districts; all other uses are prohibited. Permitted uses are subject to all other applicable standards of this title. No building permit shall be issued for a use not specifically mentioned and for which the City has not issued an approval.

(B) Conditional Uses. Conditional uses in any and all zoning districts shall be only those uses listed under “conditional uses” for each of the specific zoning districts; all other uses are prohibited. Conditional uses require review and approval of a conditional use permit in accordance with SLCC 18.15.040. Conditional uses are subject to all other applicable standards of this title and those requirements that may reasonably be imposed by the City Council. No building permit shall be issued for a use not specifically mentioned and for which the City has not issued an approval.

(C) Temporary Uses. Temporary uses in any and all zoning districts shall be only those uses listed under “temporary uses” for each of the specific zoning districts; all other uses are prohibited. Temporary uses require review and approval of a temporary use permit, in accordance with SLCC 18.15.050. Temporary uses are subject to all other applicable standards of this title and those requirements that may be imposed by the Zoning Administrator or Board of Adjustment. No building permit shall be issued for a use not specifically mentioned and for which the City has not issued an approval.

(D) Unspecified Uses. Whenever a use is proposed which is not listed as a “permitted use,” “conditional use” or “temporary use” within a zoning district, the applicant may submit an application for an interpretation to the Zoning Administrator who may make an interpretation concerning its applicability. In making an interpretation, the Zoning Administrator shall be consistent with the purpose of each specific zoning district and consider similar uses which are listed in this title.

(E) Zoning Clearance. A zoning clearance is the verification by the Zoning Administrator, or his/her designated representative, indicating that the proposed building, structure, or use meets all the requirements of this title at the time of building permit review if applicable. Zoning clearances shall be required for all development and construction activities addressed within this zoning ordinance. Any change in use shall also require a zoning clearance. (Ord. 312 § 2(14.1), passed 4-11-2012. Code 2012 § 152.211.)

(A) No lot may be divided to create a lot not in conformance with these regulations. No lot shall be divided or combined in any manner other than through subdivision procedures as specified by the City of San Luis Subdivision Ordinance.

(B) No lot may be reduced in area so as to cause any open space or yard required by this title to be less in dimension than is required for the zoning district and lot in question. (Ord. 312 § 2(14.2), passed 4-11-2012. Code 2012 § 152.212.)

(A) All lots shall have frontage on a dedicated and accepted public street connecting to the publicly dedicated and accepted street system, except in the case of planned commercial shopping centers with reciprocal cross-access easements in place. The City Council may, through the rezoning or subdivision plat approval process, allow private streets that are designed and constructed per City private street standards.

(B) Except for lots abutting private streets, which have been specifically approved by the City Council, a building permit shall not be issued for a recorded lot which does not abut a dedicated and accepted public street and the abutting street does not connect to the publicly dedicated and accepted street system.

(C) Prior to the acceptance by the City of the dedication of a public street, such street shall be designed, graded, and paved in accordance with the provisions of all applicable street standards of the City. (Ord. 312 § 2(14.3), passed 4-11-2012. Code 2012 § 152.213.)

(A) Glare and Heat. Any activity producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a nuisance or hazard along lot lines.

(B) Lighting. No light that flashes, revolves, or otherwise resembles a traffic control signal shall be allowed in any area where such light could create a hazard for passing vehicular traffic. All outdoor lighting shall be installed, maintained, and utilized in conformance with Chapter 18.85 SLCC.

(C) Fire and Explosion Hazards. All disposal of waste materials by outdoor incineration on the premises is expressly prohibited. All storage of, and other activities involving, inflammable and explosive materials shall be provided adequate safety devices against hazards of fire and explosion, together with adequate fire-fighting and fire suppression equipment and devices standard in industry. All storage of inflammable or explosive materials shall further comply with location requirements set forth by the Fire Department or as established by this or other City codes and ordinances.

(D) Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated is not discernible, without instruments, at any point beyond the site property line.

(E) Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause damage to health, to animals, or vegetation, or other forms of property, or which can cause excessive soiling.

(F) Liquids and Solid Waste. No materials (organic or inorganic), compounds or chemicals which can contaminate any water supply, interfere with bacterial process in sewerage treatment or otherwise cause emission of elements which are offensive or hazardous to the public health, safety, welfare or comfort shall be discharged at any point into any public sewer, private sewage disposal system or stream or into the ground, except in accordance with the standards approved by the Arizona State Department of Health and/or Environmental Quality or such governmental agency as may have jurisdiction over such activities.

(G) Odors. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be offensive in such a manner as to create a nuisance or hazard beyond the site property line.

(H) Noise. No use shall result in noise perceptible beyond the boundaries of the immediate site of the use that exceeds the levels which engender annoyance or create an unhealthy environment for adjacent properties.

(I) Flooding. No structure or land shall hereafter be constructed, located, extended, converted, or altered within any special flood hazard areas (SFHA) that would create a public nuisance or create a hazard to life or property. Encroachment into the floodway, or within any SFHA, shall be prohibited including but not limited to fill, new construction, substantial improvements, and other development. Encroachment into the floodway fringe of the floodplain shall be limited and shall require certification by an Arizona registered professional engineer stating that proposed encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (Ord. 312 § 2(14.5), passed 4-11-2012. Code 2012 § 152.215.)

(A) The space in any required yard shall be open and unobstructed, except as allowed under this Code for “Driveway Shade Structures” as defined by this Code and except for the ordinary projections of chimney flues, awnings, open outside stairways and balconies, windowsills, belt courses, cornices, eaves and other architectural features provided such features shall not project further than two feet into any required yard; and provided, further, that in no case shall such projections be nearer than five feet to the property line. With respect to “Driveway Shade Structures” as defined in this Code, said structures may project as provided in SLCC 18.25.040, Table No. 3, and shall not have any other projection of any kind, nature, or description attached to it.

(B) Bay windows, including their cornices and eaves, shall not project into any required yard not more than two feet; provided the sum of such projections on any wall does not exceed one-third the length of the wall; and provided, that in no case shall such projections be nearer than five feet to the property line.

(C) Mechanical equipment, such as air conditioners, may be constructed within any side or rear yard in conformance with this title; provided, that in no case shall the mechanical equipment create an open side yard area of less than five feet. This open clear area extends from the front of the structure to five feet beyond the rear of the structure. (Ord. 312 § 2(14.6), passed 4-11-2012; Ord. 440 § 3, passed 4-26-2023. Code 2012 § 152.216.)

(A) Building Height. No building shall be erected, reconstructed, or structurally altered to exceed the height limitations designated for the zone in which such building or structure is located. Height regulations established elsewhere in this title shall not apply to the following:

(B) Height Limitation on Corner Lots. Notwithstanding any other provisions in any zoning district the height of any buildings, fences, walls, retaining walls, gateways, ornamental structures, hedges, shrubbery and other fixtures, and construction and landscape plantings on corner lots in all zoning districts shall be limited as follows:

(1) Height shall not exceed two and one-half feet above the established elevation of the intersecting streets for a distance of 25 feet on local residential streets along the front and side lot lines and within the triangle formed by the connection of these two lot lines and 33 feet on collector and arterial streets along the front and side lot lines and within the triangle formed by the connection of these two lot lines. (See Figure No. 1.)

(A) Accessory buildings or uses shall not be constructed or established on a lot until construction of the principal building has been actually commenced or the primary use established, except in the “RA-10” Zoning District.

(B) Detached accessory buildings shall not be located in the required front yard setback except for “Driveway Shade Structure” as defined by this Code and only as allowed in SLCC 18.25.040, Table No. 3. All other detached accessory buildings may be built in the required rear yard but such accessory buildings shall not occupy more than 30% of the required rear yard and shall not be nearer than three feet to any side or rear lot line.

(C) Accessory buildings shall not be used for dwelling purposes except for a guest house, an agricultural living quarters or if permitted elsewhere in this title.

(D) All accessory buildings and accessory uses, such as but not limited to guest houses, agricultural living quarters, barns and corrals, garages, carports, Driveway Shade Structures, and swimming pools shall require building permits and/or zoning clearance and shall adhere to any applicable provisions elsewhere in this title. Building permits shall not be required for one-story detached accessory buildings; provided, that the floor area does not exceed 200 square feet. A building permit shall be required for “Driveway Shade Structures” as defined by this Code regardless of the size. Before issuing a building permit the Building Official must receive a notarized agreement from the property owner creating a covenant, that will run with the property, that the sides will never be enclosed. The City will record said covenant with the Yuma County Recorder’s office.

(E) Accessory buildings shall be set back a minimum of three feet from the rear and interior side property lines. If located closer than six feet to the principal dwelling then the accessory structure must be attached to the principal dwelling through an integral roof structure a minimum of six feet in width, except for owner assembled garden sheds under 120 square feet in size.

(F) In the case of corner lots, accessory buildings shall maintain side yard setbacks from the street side lot line as required for the main structure in that zone; and when a garage is entered from an alley, it shall not be located nearer than ten feet to the alley line (which may be an easement or a property line).

(G) Accessory buildings shall not exceed the height regulations of the zoning district within any part of the buildable lot area, and shall not exceed 20 feet in height in any required yard.

(H) All accessory buildings or uses, except for wells and related well equipment, shall have the same electrical meter as the principal building or use unless the public utility determines that a separate meter is required for safety reasons which shall be determined on a case-by-case basis.

(I) Cargo containers and semi-trailers as follows:

(J) Manufactured homes and/or recreational vehicles may not be used as an accessory building in any district. (Ord. 312 § 2(14.8), passed 4-11-2012; Ord. 440 § 4, passed 4-26-2023. Code 2012 § 152.218.)

(A) In all districts a fence or wall or hedge may be erected or maintained at a height no greater than three feet, six inches within the required front or street side setback. In all residential districts the maximum height of any fence or wall shall be six feet. Within the commercial and industrial districts the maximum fence or wall height shall be eight feet except that a fence or wall abutting a residential district shall not exceed six feet in height. These height regulations shall not apply when fences or walls of greater height are required by the Planning and Zoning Commission or City Council in order to provide adequate screening as required by this title. Utility companies, which are regulated by the Arizona Corporation Commission, and schools, public and quasi-public institutions including correctional facilities may be allowed increased fence heights due to national or state standards.

(B) Every fence or wall shall be constructed in a workmanlike manner and be of a conventional fencing material such as, but not limited to, masonry, preformed concrete sections, treated wood, or wrought iron. Every fence or wall shall be maintained in a condition of good repair and shall not be allowed to become and remain in a condition of disrepair, damage, or unsightliness, and shall not be allowed to constitute a public or private nuisance. Any such fence or wall that is, or has become, dangerous to the public safety, health or welfare, or has become unsightly through improper maintenance or neglect shall be deemed to be a public nuisance and the Zoning Administrator may commence proper proceedings for the abatement of such nuisance.

(C) Barbed Wire and Concertina (Razor) Wire.

(D) Electrical fences shall be prohibited except around agricultural public or quasi-public facilities when necessary for the restraint of the occupants.

(E) All fences and walls shall be located entirely on the private property of the person, firm or corporation constructing or causing the construction of any such fence or wall unless the owner of the adjoining property agrees, in writing, that such fence or wall may be erected on the division line of the respective properties.

(F) Corner Lots and Key Lots.

(1) On a corner lot contiguous to a key lot a fence, wall, or hedge over four feet in height may be placed on the street side property line except within a triangle measured from the front lot line of the key lot extending ten feet along the common property line and ten feet measured from the common property line extending along the street side property line of the corner lot towards the front property line of the corner lot.

(G) An arched entry gate/feature, not exceeding a height of eight feet or a width of eight feet, may be permitted within the front yard setback provided it is an integral part of an approved front yard wall. (Ord. 312 § 2(14.9), passed 4-11-2012. Code 2012 § 152.219.)

(A) In all residential districts, contained bodies of water, either above or below ground level, with the container being 18 or more inches in depth and/or wider than eight feet at any point, measured perpendicular to the long axis, shall conform to the location and fencing requirements for swimming pools as outlined in this title and in A.R.S. § 36-1681. Irrigation and storm water retention facilities, and the water features in public parks and golf courses are exempt from the fencing requirements of this section.

(B) Any swimming pool along with incidental installations, such as pumps and filters, shall be completely enclosed by a permanent fence, wall or barrier to restrict access to the swimming pool from public property, from adjoining private property, and directly from all dwelling units or guest rooms of a hotel, motel or resort development located on the same premises as the swimming pool.

(C) Swimming pools along with incidental installations, such as heater, pump and filter or other mechanical equipment used in association with a private swimming pool, may be located in required yards, other than the required front yard, provided such pool is set back from all lot lines a minimum distance of five feet.

(D) The design, placement and access for all swimming pools shall meet state statute. If there is a conflict, the state statute shall apply. (Ord. 312 § 2(14.10), passed 4-11-2012. Code 2012 § 152.220.)

(A) A home occupation shall be considered a permitted accessory use in all residential districts; provided, that it is operated and maintained to not interfere with the peace, quiet, and dignity of the property owners or neighbors (defined as those who live nearby where the occupation can be seen or heard or other nuisance impacts detected), if it complies with the following regulations:

(B) The following are some examples of uses which would be acceptable as home occupations, provided they comply with the above regulations:

(C) A home occupation shall not include the following uses (this list is not all inclusive):

(D) A home occupation of a taxicab or livery business in a residential district shall be limited to a business operating no more than two taxicabs or liveries. Any taxicab or livery business operating more than two taxicab or livery vehicles shall not be considered eligible to be a home occupation in any residential district. Eligible businesses must park their taxis inside their property and not on public right-of-way.

(E) Complaints by citizens or local residents may be cause for immediate termination of the home occupation use if appropriate measures cannot be undertaken to mitigate the complaint or violations. All complaints or violations of the above conditions shall be registered with, and reviewed by, the Zoning Administrator. (Ord. 312 § 2(14.11), passed 4-11-2012; Ord. 368 § 2, passed 10-11-2017; Ord. 395 §§ 2, 3, passed 1-22-2020. Code 2012 § 152.221.)

(A) With the exception of “retail sales displays” in an approved commercial area, outdoor storage shall be screened from public view by a solid masonry fence or a view-obscuring fence with no storage visible above the wall or fence. The presence of hazardous materials, not sold on site or used on site in association with the permitted business, is prohibited.

(B) Storage of licensed motor homes, farm trailers, boats, travel trailers, camping trailers, utility trailers, or other such trailers may be permitted in any residential zoning district; provided, that the owner of the motor home, farm trailer, boat, travel trailer, camping trailer, utility trailer, or other such trailer resides on the property on which it is stored. Such vehicles if located or stored outside of a garage, carport or barn must be stored in the following manner:

(C) In all residential zoning districts, junk automobiles shall be stored in a completely enclosed building. In all other zoning districts, the storage of junk automobiles is prohibited unless otherwise permitted and then only under the specific conditions outlined within this title.

(D) The parking or storage of any commercial vehicle having a gross vehicle weight rating (GVWR) exceeding one and one-half tons, or a tractor, semi-trailer, or bus, is prohibited in any residential zoning districts except in the “RA-10” Zoning District when in association with a farming activity.

(E) Parking and storage of commercial vehicles may be permitted within the screened storage area of an approved commercial or industrial use or where otherwise permitted and then under the specific conditions outlined within this title. (Ord. 312 § 2(14.12), passed 4-11-2012. Code 2012 § 152.222.)

(A) No person shall obstruct or reduce the capacity of any natural or manmade waterway within the City by filling or dumping any earth, stone or other materials therein.

(B) The use of land for the storing, dumping, or disposal of scrap iron, junk, garbage, rubbish or other refuse, ashes, landscape wastes, or industrial wastes or byproducts shall be prohibited in every zoning district except as specifically otherwise provided in this title. (Ord. 312 § 2(14.13), passed 4-11-2012. Code 2012 § 152.223.)

(A) Mobile food vendors shall obtain a county health certificate prior to applying for a City business license.

(B) Mobile vendors shall not occupy any portion of the public right-of-way including the sidewalk.

(C) The business license application shall include:

(A) The minimum requirements of this section shall apply to all “medical marijuana dispensary” and “medical marijuana dispensary off-site cultivation location” uses located in any zoning district.

(B) In addition to any other application requirements, an applicant for any “medical marijuana dispensary” or “medical marijuana dispensary off-site cultivation location” conditional use permit shall provide the following:

(C) A medical marijuana dispensary shall have operating hours not earlier than 9:00 a.m. and not later than 5:00 p.m.

(D) A medical marijuana dispensary or medical marijuana dispensary off-site cultivation location shall:

(E) A medical marijuana dispensary or medical marijuana dispensary off-site cultivation location shall meet the following minimum separations, measured in a straight line from the boundary of the parcel containing the medical marijuana dispensary or medical marijuana dispensary off-site cultivation location to the property boundary of the parcel containing any existing uses listed below:

(F) A medical marijuana dispensary off-site cultivation location not associated with a medical marijuana dispensary is prohibited, and only one medical marijuana dispensary off-site cultivation location shall be permitted for the single medical marijuana dispensary with which it is associated.

(G) Marijuana establishments and dual licensees who operate both a nonprofit medical marijuana dispensary and marijuana establishment cooperatively in a shared location shall comply with all of the provisions of subsections (A) through (F) of this section and such provisions shall specifically apply to marijuana establishments and/or dual licensees as they do to medical marijuana dispensaries.

(H) Any cultivation by a marijuana establishment shall be in compliance with subsections (D) and (E) of this section. Any cultivation not associated with a marijuana establishment or with a medical marijuana dispensary is prohibited, and only one off-site cultivation location shall be permitted for each medical marijuana dispensary or marijuana establishment with which it is associated.

(I) Any cultivation, extraction, manufacturing, or processing by a marijuana establishment, medical marijuana dispensary, or dual licensee shall only occur in compliance with the regulations of all of the most current building and fire codes as adopted by Chapter 15.10 SLCC.

(J) To the fullest extent allowable by law, the operation of a marijuana testing facility is prohibited in the City. (Ord. 312 § 2(14.15), passed 4-11-2012; Ord. 404 § 2, passed 12-9-2020; Ord. 410 § 1, passed 2-10-2021. Code 2012 § 152.225.)