Yuma City Zoning Code

   (A)   In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote the health, safety, morals or general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other requirements. Except as herein provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any existing provision of law or ordinances or any rules, regulations or permits previously adopted, except that any structures or uses of land or buildings commenced after the enactment of this chapter shall be subject to its provisions, and where there is a conflict between any previous law or ordinance, rule or regulation which might otherwise affect such structure or use, the provisions of this chapter shall control.

   (B)   Where any action in regard to a structure or use is regulated or controlled by more than one provision of this chapter, such action shall comply with all applicable provisions of both regulations, except that if a conflict exists the limitation or requirement which is most restrictive shall govern.

   (C)   The land use conformity matrix shall be used to determine consistency with the General Plan for zoning district changes. Arizona state law requires all zoning or rezoning ordinances, regulations or specific plans to be consistent with and conform to the land use element of the General Plan. The City General Plan land use element prescribes a range of land uses. This chapter prescribes a range of allowable uses and development standards for zoning districts of the city. The land use conformity matrix identifies the appropriate city zoning districts that are consistent with and conform to each land use designation identified in the General Plan land use element. The land use conformity matrix meets the purpose and intent of the General Plan to provide a guide for land use, development and on-going planning activities.

('80 Code, App. A, § 10) (Ord. 583, passed 9-16-1952; Ord. 1979, passed 1-7-1981; Ord. O2001-83, passed 10-3-2001; Ord. O2010-32, passed 7-7-2010)

   (A)   Future changes; zoning effects, every structure and use. Except as hereinafter provided, no building, structure or premises shall hereafter be used, and no building or structure or part thereof shall be constructed, erected, leased, reconstructed, extended, moved, enlarged or materially altered except in conformity with the provision of this chapter for the district in which it is located.

   (B)   Ordinance not retroactive. If, at the time of the enactment of this chapter, any lot, building or structure is being used in a manner or for a purpose which does not conform to the provisions of this chapter and which is not prohibited by some other ordinance, such manner or use or purpose may be continued.

(Ord. O2010-32, passed 7-7-2010)

   (A)   Officials and employees. All officials and employees of the city vested with the authority or duty to issue permits shall conform to the provisions of this chapter and shall issue no permit, certificate or license for uses, purposes, buildings or structures in conflict with the provisions of this chapter; any such permit, certificate or license issued in conflict with the provisions of this chapter shall be null and void.

   (B)   Violations. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter, and any use of any land, building or premise established, conducted, operated or maintained contrary to the provisions of this chapter shall be, and the same is hereby, declared to be unlawful and a public nuisance; the Zoning Administrator shall immediately commence action or proceedings to abate, to remove or to enjoin occupancy of such building, structure or land in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant relief as will abate and remove such buildings or structures, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, occupying or using any such building or structure or using property contrary to the provisions of this chapter. The remedies provided for herein shall be cumulative and not exclusive.

('80 Code, App. A, § 200) (Ord. 583, passed 9-16-1952; Ord. 1378, passed 9-4-1974; Ord. O2010-32, passed 7-7-2010)

Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which a building permit has been granted before this chapter becomes effective and the construction of which from such plans shall have been started within 60 days after this chapter becomes effective; except that if the building operation in question is discontinued for a period of not less than 60 days, any further construction shall be in conformity with the provisions of this chapter.

('80 Code, App. A, § 220) (Ord. 583, passed 9-16-1952; Ord. O2010-32, passed 7-7-2010)

   There is hereby established the following fees.

   (A)   Zoning applications.

 

 

   (B)   General Plan or text amendment applications.

 

 

   (C)   Conditional use permit applications.

 

 

   (D)   Variance or appeal applications.

 

 

   (E)   Subdivision review applications.

 

   (F)   Miscellaneous applications.

 

 

   (G)   Continuations for any of the above processes.

 

   (H)   Engineering fees. There is hereby established the following engineering fees.

 

(Ord. O98-52, passed 7-1-1998; Ord. O2010-32, passed 7-7-2010)

   (A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Where a land use is presented to the city and it is not defined below, then the presented land use shall be classified to the defined land use to which it is the most reasonably related.

   (B)   If the word or term is not defined in the zoning code, it shall be defined according to the most recent edition of Webster’s New International Dictionary of the English Language, Unabridged.

(Ord. O2009-54, passed 10-21-2009)

         (a)   Is subordinate and incidental to the principal building or principal use;

         (b)   Is subordinate in building area, intensity of use or purpose to the principal building or principal use;

         (c)   Contributes to the comfort, convenience and necessity of the occupants of the principal building or principal use; and

         (d)   Is located on the same lot with the same zoning as the principal building or principal use.

(Ord. O2017-013, passed 5-3-2017)

         (a)   ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting “specified sexual activities” or “specified anatomical areas”.

         (b)   ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which has as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for sale or rental for any form of consideration any one or more of the following:

            1.   Books, magazines, periodicals or other printed matter or photographs, films, computer simulations, holograms, motion pictures, video reproductions, compact discs, slides or other visual representations which are characterized by their emphasis upon the exhibition or display of “specified sexual activities” or “specified anatomical areas”; or

            2.   Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.

         (c)   ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment which regularly features:

            1.   Persons who appear semi-nude;

            2.   Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or

            3.   Films, motion pictures, computer simulations, holograms, video cassettes, slides or other photographic reproductions, which are characterized by the exhibition or display of “specified sexual activities” or “specified anatomical areas”.

         (d)   ADULT MOTEL. A hotel, motel or similar commercial establishment which:

            1.   Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, computer simulations, holograms, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the exhibition or display of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;

            2.   Offers a sleeping room for rent for a period of time that is less than ten hours; or

            3.   Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

         (e)   ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, holograms, computer simulations, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.

         (f)   ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear nude or semi-nude, or in live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”.

         (g)   ADULT VIDEO STORE. See ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT STORE.

         (h)   ESCORT. A person who, for consideration, and for another person, agrees or offers to act as a companion, guide, date or to privately model lingerie or to privately perform a striptease.

         (i)   ESCORT AGENCY. A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

         (j)   NUDE, NUDITY or A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus or anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or the showing of the covered male genitals in a discernibly turgid state.

         (k)   NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or displays “specified anatomical areas”; a commercial establishment which regularly features a person (or persons) who appears semi-nude and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. A NUDE MODEL STUDIO does not mean a modeling class or the facility for such class, operated:

            1.   By a proprietary school licensed by the State Of Arizona; a college, junior college or university supported entirely or partly by taxation; or

            2.   By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.

         (l)   SEMI-NUDE or in A SEMI-NUDE CONDITION. The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel, provided the areola is not exposed in whole or in part.

         (m)   SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate or consort for the purpose of “specified sexual activities”. The definition of SEXUAL ENCOUNTER CENTER or any sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

         (n)   SPECIFIED ANATOMICAL AREAS. Human genitals in a state of sexual arousal.

            1.   The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

            2.   Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

         (o)   SPECIFIED SEXUAL ACTIVITIES. Any of the following:

            1.   The fondling of another person’s genitals, pubic region, anus or female breasts;

            2.   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or

            3.   Excretory functions as part of, or in connection with, any of the activities set forth in divisions 1. through 2. above.

         (a)   ACCIDENT POTENTIAL ZONE ONE (APZ-1). The area within a 3,000 foot wide by 5,000 foot long rectangle that starts at the end of each clear zone. It is centered and measured on the extended runway centerline, terminating 8,000 feet from the end of each main military runway(s).

         (b)   ACCIDENT POTENTIAL ZONE TWO (APZ-2). The area within a 3,000 foot wide by 7,000 foot long rectangle that starts at the end of each Accident Potential Zone One. It is centered and measured on the extended runway centerline, terminating 15,000 feet from the end of each main military runway(s).

         (c)   AIRPORT INDUSTRIAL OVERLAY DISTRICT 1 (AIOD-1). Area of intermediate intensity use; directly under some regular flight paths but not under straight-in approaches and departures to Runway 8-26. It consists of that property located within an area bounded by the north right-of-way line of 32nd Street on the north, the west right-of-way line of Avenue 3 E on the west, the east right-of-way line of Avenue 4 E on the east, and that area which is more than one-eighth of a mile (nominal) north of the extended centerline of Runway 8-26 following existing property lines. Additionally, this overlay district shall apply to property located within an area bounded by the future alignment of 36th Street (the east-west mid-section line) on the south, the west right-of-way line of Avenue 3 E on the west, the east right-of-way line of Avenue 4 E on the east and a northern boundary that is one-eighth of a mile (nominal) south of the extended centerline of Runway 8-26 following existing property lines.

         (d)   AIRPORT INDUSTRIAL OVERLAY DISTRICT 2 (AIOD-2). Most intensive use/least restrictive area, AIOD; areas which are not directly under either the regular straight-in approaches and departures to Runway 8-26 or other regular flight paths but whose proximity to flight paths demonstrates a need for enhanced public safety measures. It consists of that property located within an area bounded by the future alignment of 36th Street (east-west mid-section line) on the south, the west right-of-way line of 4th Avenue on the west, the west airport property line on the east, and that area which is more than one-eighth of a mile (nominal) south of the extended centerline of Runway 8-26 following existing property lines.

         (e)   AIRPORT NOISE AND ACCIDENT POTENTIAL MAP. A map prepared by the Department of Development Services for the city in the vicinity of the Marine Corps Air Station and Yuma International Airport, dated March, 1979, as amended, from the data contained in Report No. 651-78 and map dated November, 1978, Noise Contour Study, Marine Corps Air Station and Yuma International Airport for the City and County of Yuma, prepared by J.J. Van Houten and Associates (Noise Contour Lines); and from data contained in Federal Aviation Regulations (FAR) Part 152, Airport Aides Program, 1974; and Part 77, Objects Affecting Navigable Space, 1971, for Runways 17-35 and 8-26 (FAA clear zones); and from data contained in Facilities Planning Factor Criteria for Navy and Marine Corps Shore Installations, NAVFAC P-80, Volume 1, (military clear zones) and Department of Navy, Aircraft Accident Potential Zone Guidelines, May, 1976 (APZ-1 and APZ-2), for Runways 3Left/21Right and 3Right/21Left. The provisions of this map hereby create and establish specific airport noise and accident potential zones and are hereby incorporated by this reference and are hereby a part of the official zoning ordinance of the city and a part of the official zoning map of the city for the purpose of establishing various land uses and design criteria within the Airport District.

            1.   65—70 dB NOISE ZONE. The area between the 65 Ldn noise contour lines developed by the application of the day-night average sound level methodology of sound measurement (Ldn).

            2.   70—75 dB NOISE ZONE. The area between the 70 Ldn and 75 Ldn noise contour lines developed by the application of the day-night average sound level methodology of sound measurement (Ldn), but, not within any accident potential zone (APZ) or clear zone as defined herein.

            3.   GREATER THAN 75 dB NOISE ZONE. The area within the 75 Ldn and greater noise contour line developed by the application of the day-night average sound level methodology of sound measurement (Ldn), but not within any accident potential zone (APZ) or clear zone as defined herein.

         (f)   AIRPORT RUNWAY APPROACH CLEARANCE MAP. A map prepared by the Department of Development Services for the city in the vicinity of the Marine Corps Air Station and Yuma International Airport, dated March, 1979, as amended, from the data contained in Federal Aviation Regulations (FAR), Part 77, Objects Affecting Navigable Space, 1971, for Runways 17-35 and 8-26, and from data contained in Naval Facilities (NAVFAC), P-80, Runway Safety Clearances, 1975, for Runways 3Left/21Right and 3Right/21Left. The provisions of this map hereby create and establish specific airport approach clearance zones consisting of the area on or underlying the primary, approach, transitional, horizontal and conical surfaces and are hereby incorporated by this reference and are hereby a part of the official zoning ordinance of the city and a part of the official zoning map of the city for the purpose of limiting the height of buildings and structures into the navigable airspace above and surrounding the Marine Corps Air Station and Yuma International Airport.

         (g)   CLEAR ZONE.

            1.   MILITARY CLEAR ZONE. The area within a 3,000 foot long by 3,000 foot wide square measured along the extended runway(s) centerline beginning at the end of all main military runways and measured at right angles to the extended runway centerline.

            2.   CIVILIAN CLEAR ZONE. An area on either side of an extension of the centerline of a runway beginning at a line 200 feet from the end of the runway and 500 feet in width and flaring outward to a width of 650 feet for a utility runway (Runway 35), 700 feet for a greater-than-utility runway (Runways 8 and 26) and 800 feet for a utility runway with a nonprecision instrument approach (Runway 17) at a point 1,200 feet from the end of the runway. These clear zones are from data contained in Federal Aviation Regulations (FAR), Part 77, Objects Affecting Navigable Space, 1971.

         (h)   DAY-NIGHT SOUND LEVEL (LDN). The time-weighted day/night energy average of a noise level for a 24-hour time period. Weighting factors are included which place a penalty on noise events occurring at night between 10:00 p.m. and 7:00 a.m. and for those which occur on weekends. It has as its base the A-weighted sound level which is designed to approximate the response of the human ear to sound.

         (i)   DECIBEL (dB). The physical unit commonly used to describe noise levels as a measure of sound pressure levels.

         (j)   HIGH NOISE OR ACCIDENT POTENTIAL ZONE. The area within the noise contours established by the most recent air installation compatible use zone report, including Accident Potential Zone One and Two, plus the land starting 200 feet from the end points of the main military runways and at a width of 3,000 feet and symmetrical about a centerline between the runways extending outward to a point of 30,000 feet from the point of beginning. The outer width is 17,500 feet.

         (k)   HIGH NOISE LEVELS. Sound levels which equal or exceed that within the 65 Ldn noise contour line developed by the application of the day-night average sound level methodology of sound measurement (Ldn).

         (l)   Ldn. The day-night sound level.

         (m)   RUNWAY. An artificially surfaced strip of ground that is designed and used at an airport for the landing and takeoff of aircraft.

         (n)   RUNWAY APPROACH DEPARTURE SAFETY AREA - (RADSA). Least intensive use/most restrictive area; directly under regular, straight-in approaches and departures to Runway 8-26 and/or directly under other regular flight paths.

            1.   EAST AREA. All property located in the area bounded by the west right-of-way line of Avenue 3 E on the west, east-west lines one-eighth of a mile (nominal) north and south of the extended centerline of Runway 8-26 following existing property lines and the east right-of-way line of Avenue 4 E on the east.

            2.   WEST AREA. All property located within one-eighth of a mile (nominal) north and south of the extended centerline of Runway 8-26 following existing property lines between the west property line of the airport and the west right-of-way line of 4th Avenue.

         (o)   TERRITORY IN THE VICINITY OF A MILITARY AIRPORT. The area five miles to the north, south and west and ten miles to the east of the center of the main runway of a military airport.

('80 Code, App. A, § 122) (Ord. 583, passed 9-16-1952; Ord. 1837, passed 6-20-1979; Ord. 2352, passed 3-18-1987; Ord. O2001-03, passed 1-3-2001; Ord. O2002-30, passed 8-7-2002)

('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983)

         (a)   PANEL ANTENNA. A relatively flat rectangular device that transmits or receives communications signals in directional pattern of less than 360 degrees. See Article 19.

         (b)   PARABOLIC ANTENNA. A dish shaped device that transmits or receives communications signals in a specific directional pattern. See Article 19.

         (c)   WHIP ANTENNA. A long thin device that transmits or receives communications signals in a 360 degree radial pattern and is minimally viewable. See Article 19.

(Ord. O99-92, passed 1-5-2000)

(Ord. O2018-033, passed 8-1-2018)

(Ord. O2008-33, passed 8-6-2008)

(Ord. O2008-33, passed 8-6-2008)

      CO-LOCATION. The attaching of any additional antenna to an existing antenna structure.

(Ord. O2015-021, passed 4-15-2015)

(Ord. O2019-022, passed 6-5-2019)

(Ord. O2019-001, passed 1-16-2019)

(Ord. O2019-001, passed 1-16-2019)

(Ord. O2019-001, passed 1-16-2019)

('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983)

(Ord. O2009-55, passed 9-16-2009)

('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983)

(Ord. O2018-033, passed 8-1-2018)

         (a)   Building forms; environments where provisions are designed to allow a belief that occupants are not vulnerable or isolated;

         (b)   Compatible building placement; environments where provisions are designed to provide placement of compatible building types together to enhance the safety of occupants;

         (c)   Lighting; environments where provisions are designed for natural, night and security lighting and the avoidance of unlighted areas;

         (d)   Natural surveillance; environments where provisions are designed to allow adequate public and police surveillance by such items as window placement, elimination of “blind” spots, and appropriate landscaping and positioning of entrance doors to maintain sight lines; and

         (e)   Territoriality; environments where provisions are designed to allow a “marking” of place to provide a boundary or perceived access control, including appropriate landscaping, fencing and screening.

      CREMATORY. A service involving the cremation and reduction of the deceased by combustion and evaporation.

(Ord. O2013-02, passed 1-16-2013)

(Ord. O2013-02, passed 1-16-2013)

         (a)   Any sound or noise which constitutes a nuisance involving discomfort to persons residing in an area located within a residential district; and/or

         (b)   Any sound or noise exceeding criteria standards, or levels as set forth in this chapter.

(Ord. O2023-029, passed 8-16-23)

(Ord. O2023-029, passed 8-16-23)

(Ord. O2023-029, passed 8-16-23)

(Ord. O2025-038, passed 11-5-2025)

         (a)   An individual or two or more persons related by blood, marriage or adoption, living together within a single dwelling unit; or

         (b)   A group of not more than five persons, who need not be related, living together within a single dwelling unit.

      FARMERS MARKET. A place of commercial activity that consists of the following elements:

         (a)   Open to the public for the purchase of fresh grown products, in an open-air setting, or in an enclosed building or structure;

         (b)   Composed of three or more booths, stalls, stands or spaces allotted to vendors, none of whom occupy the same booth, stall, stand or spaces on an uninterrupted continuous daily basis;

         (c)   Primary merchandise for sale is dispensed from individual booths and consists of fresh fruits and vegetables, food products, and flowers;

         (d)   As an auxiliary use, the market may allow the sale of secondary items such as arts and crafts (not including second hand goods), and jewelry; however, the booths for such vendors shall not comprise more than 20% of the total farmers market in number of booths or square footage.

      FOOD TRUCK. A food vending unit operated by either a mobile food vendor or a transient food vendor. In any zoning district that a FOOD TRUCK is listed as an accessory use, it is recognized as accessory to any permitted principal use in that zoning district.

(Ord. O2014-20, passed 8-27-2014)

      FOOD VENDING UNIT. Any motorized or non-motorized vehicle, trailer, kiosk, pushcart, or stand, not permanently attached to the ground from which only food is peddled, vended, sold, served, displayed, offered for sale or given away. Each motorized or non-motorized vehicle, trailer, kiosk, pushcart, or stand is considered a separate FOOD VENDING UNIT .

(Ord. O2014-20, passed 8-27-2014)

(Ord. O2009-29, passed 10-7-2009)

(Ord. O2025-038, passed 11-5-2025)

(Ord. O2014-06, passed 2-19-2014)

            1.   Regular irrigation;

            2.   Pruning;

            3.   Fertilizing;

            4.   Clearing of debris and weeds;

            5.   Removal and replacement of dead plants; and

            6.   The repair and replacement of irrigation systems and architectural features within landscaped areas.

(Ord. O2009-04, passed 1-21-2009)

('80 Code, App. A, § 181) (Ord. 583, passed 9-16-1952; Ord. 2584, passed 9-16-1992; Ord. O96-77, passed 8-7-1996; Ord. O2017-024, passed 8-2-2017)

(Ord. O2025-038, passed 11-5-2025)

('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983)

         (a)   A structure in which a combination of permitted principal uses, including residential uses, is permitted provided that the building units are:

            1.   Separated by having separate entrances and are clearly independent of each other: or

            2.   Are live/work spaces with limited combinations of principal permitted uses and provide a minimum of residential facilities as defined under live/work space.

         (b)   A LIVE/WORK BUILDING may have a combination of separated units and live/work spaces.

         (c)   LIVE/WORK BUILDINGS are subject to the residential density limits of the zoning district in which it is located.

(Ord. O2009-60, passed 10-21-2009)

      MEDICAL AND DENTAL LABORATORIES. Establishments primarily engaged in providing professional analytic or diagnostic services to the medical profession, to the patient on prescription of a physician, or in making dental appliances to order for the dental profession, excluding establishments primarily engaged in manufacturing artificial teeth, except to order (SIC 807).

      MOBILE FOOD VENDOR.

         (a)   Any person who sells, serves, offers for sale, or gives away only food from a food vending unit which is parked or located on one lot of record throughout the day with customers traveling to the food vendor. This term does not include a person who operates as a transient food vendor.

            1.   If a primary use mobile food vendor, the owner must comply with all site improvement standards as required by code for new construction on a vacant site (including setbacks, lot coverage, paved parking, lighting, landscaping, storm drainage, etc.) and must provide permanent restroom facilities, permanent seating area, and a way to secure the site. Primary use mobile food vendors are exempt from the following regulation: § 154-15.13(B)(1)(b).

            2.   If an accessory use mobile food vendor, the owner must comply with regulations as outlined in § 154-15.13.

            3.   If an interim use mobile food vendor, the owner must comply with regulations as outlined in § 154-15.13. An interim use mobile food vendor shall be allowed for a period not to exceed one year and may be exempt from the following regulation: § 154-15.13(B)(1)(b).

            4.   If an interim use mobile food vendor is on a site longer than one year, the rules and requirements for the mobile food vendor as a primary use apply and shall be met in order to be a legal use on the site.

            5.   If an interim use mobile food vendor is on a site and the vacant building on-site becomes occupied (primary use), the mobile food vendor is then considered an accessory use on the site and all provisions of § 154-15.13 apply.

(Ord. O2014-20, passed 8-27-2014)

      MOBILE VENDING SITE. The lot of record where the food vending unit is located.

(Ord. O2014-20, passed 8-27-2014)

(Ord. O2016-028, passed 10-5-2016)

(Ord. O2023-036, passed 11-15-2023)

(Ord. O2025-020, passed 6-4-2025)

('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983)

(Ord. O2017-016, passed 5-17-2017)

      PATTERN BOOK. Comparing it to contemporary zoning district formats, a PATTERN BOOK can be described as follows: Combined with the requirements of the Smart Growth Overlay (SGO) District, a PATTERN BOOK is a stand-alone document integrated into the SGO land use ordinance addressing the district’s allowed uses, development and design standards. Unlike standard zoning districts, SGO PATTERN BOOKS are site specific and normally contain a Master Plan for reference. PATTERN BOOKS are more flexible, more comprehensive and detailed, making them more equivalent to a zoning code rather than a zoning district. PATTERN BOOKS consolidate additional sections or standards into the district ordinance dealing with topics such as parking, landscaping, architecture and infrastructure. PATTERN BOOKS use an abundance of illustrations, photographs and tables to clearly and concisely convey the requirements of the code. At a minimum, PATTERN BOOKS consist of the following required sections: Introduction; Community Patterns; and Architectural Patterns.

         (a)   Antenna;

         (b)   Mount of the antenna (tower, wall, roof or other structure);

         (c)   Equipment cabinet/base station; and

         (d)   A wall or security barrier.

(Ord. O2009-55, passed 9-16-2009)

      PUBLIC STREET. The land dedicated, accepted or condemned for use as a highway for the benefit of the public at large or established as such highway by the right of prescription of common user. However, any right-of-way as may be created after the enactment of this chapter shall not be considered to be a PUBLIC STREET unless it is 60 feet or more in width, except where streets are entirely local, when the width of 50 feet may be declared to be PUBLIC STREET if approved by the City Zoning Commission.

(Ord. O99-92, passed 1-5-2000)

(Ord. O2023-036, passed 11-15-2023)

(Ord. O2017-026, passed 8-16-2017)

(Ord. O2017-026, passed 8-16-2017)

         (a)   Halloween: Sales allowed between October 15 and November 5 inclusive. Products authorized: Pumpkins and related Halloween accessories.

         (b)   Christmas: Sales allowed between November 25 and December 25 inclusive. Products authorized: Christmas trees.

         (c)   Silver Spur Rodeo: Sales allowed for seven days prior to the start of the Silver Spur Rodeo and on each day of the rodeo. Products authorized: Rodeo attire and memorabilia.

         (d)   Independence Day and New Years Eve: Sales allowed for 14 days prior to each holiday. Products authorized: Permissible consumer fireworks as defined by Arizona state statute.

(Ord. O2013-28, passed 5-15-2013)

         (a)   ABANDONED SIGNAGE. Any sign, visible from a position on or off the property upon which erected, which attracts the attention of the public to something which existed at the time of its installation on the property, and which has subsequently ceased to exist on the property.

(Ord. O2010-09, passed 2-3-2010)

         (b)   ANIMATED SIGNS. Any sign which displays or employs action or movement, whether driven by mechanical means or wind actuated; signs which only rotate shall not be included in this category.

         (c)   BALLOONS/INFLATABLE DEVICES. One or more balloons or inflatable devices used as a permanent or temporary sign or as a means of directing attention to: any business or profession; a commodity or service sold, offered or manufactured; or to any entertainment.

(Ord.O2007-52, passed 10-3-2007)

         (d)   BANNER. Any sign consisting of paper, fabric, canvass, rubber, plastic or the like, with no other material for rigid structural support.

(Ord. O2016-028, passed 10-5-2016)

            1.   Refers to the offer for sale or existence for sale of products, property, accommodations, services, attractions or activities; or

            2.   Attracts attention to a business or to products, property, accommodations, services, attractions or activities, that are offered or exist for sale or for hire.

(Ord. O2022-044, passed 9-21-2022)

(Ord. O2016-028, passed 10-5-2016)

(Ord. O2017-014, passed 5-3-2017)

(Ord. O2010-09, passed 2-3-2010)

(Ord. O2009-54, passed 10-21-2009)

            1.   A freestanding sign which is supported by one or more structural elements that are either:

               a.   Architecturally dissimilar to the design of the sign; or

               b.   Which is less than one-fourth of the width of the sign face.

            2.   The bottom edge of the sign face is eight feet or more above finished grade. See illustration in § 154-17.03.

(Ord. O2010-09, passed 2-3-2010)

(Ord. O2010-09, passed 2-3-2010)

(Ord. O2010-09, passed 2-3-2010)

('80 Code, App. A, § 161) (Ord. 583, passed 9-16-1952; Ord. 2193, passed 3-21-1984; Ord. 2243, passed 12-19-1984; Ord. O2001-94, passed 11-20-2001; Ord. O2003-34, passed 8-6-2003; Ord. O2005-91, passed 10-5-2005; Ord. O2010-09, passed 2-3-2010; Ord. O2016-028, passed 10-5-2016; Ord. O2017-014, passed 5-3-2017)

(Ord. O2017-013, passed 5-3-2017)

(Ord. O2009-55, passed 9-16-2009)

         (a)   Open to the public for the purchase of products, in an open-air setting, on a public street;

         (b)   Composed of three or more booths, stalls, stands or spaces allotted to vendors, none of whom occupy the same booth, stall, stand or spaces on an uninterrupted continuous daily basis.

(Ord. O2013-37, passed 8-7-2013)

(Ord. O2023-029, passed 8-16-23)

      TRANSIENT FOOD VENDOR. Any person who sells, serves, offers for sale, or gives away only food from a food vending unit that visits one or multiple lots of record on a daily basis for no more than three hours per site per day, changing locations throughout the day to transact with customers.

(Ord. O2014-20, passed 8-27-2014)

('80 Code, App. A, § 40) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O96-24, passed 3-6-1996; Ord. O96-35, passed 4-3-1996; Ord. 02000-32, passed 5-17-2000; Ord. O2000-35, passed 6-21-2000; Ord. O2001-77, passed 9-19-2001; Ord. O2002-08, passed 2-6-2002; Ord. O2003-22, passed 5-21-2003; Ord. O2003-38, passed 8-20-2003; Ord. O2004-52, passed 8-4-2004; Ord. O2010-32, passed 7-7-2010; Ord. O2012-20, passed 11-7-2012; Ord. O2012-22, passed 11-21-2012; Ord. O2024-034, passed 10-16-2024)

   (A)   Created. A City Planning and Zoning Commission is hereby established.

      (1)   Charter reference. Power to regulate land use for the public benefit, see Charter Art. III, § 12 and to engage in intergovernmental agreements, see Charter Art. III, § 13.

      (2)   Statutory reference. Municipal planning, see A.R.S. §§ 9-461 et seq. and open space preservation, see A.R.S. §§ 9-464 et seq.

('80 Code, § 23-16) (Ord. 766, passed 1-20-1959)

      (1)   Identifying and evaluating the unique factors influencing the character and location of development within the City;

      (2)   Recommending to the City Council desirable standards for guiding the development and rehabilitation of various sections of the community; and,

      (3)   Recommending to the City Council standards for adequate public services and facilities throughout the City.

('80 Code, § 23-29) (Ord. 766, passed 1-20-1959; Ord. O2015-023, passed 4-15-2015)

      (1)   Review long term City planning documents and recommend to the City Council that the City adopt or amend the City Council approved General Plan;

      (2)   Recommend to the City Council the adoption or amendment of zoning regulations consistent with the General Plan;

      (3)   Recommend to the City Council an official zoning map of the City and amendments thereto consistent with the General Plan; and,

      (4)   Review and evaluate proposed redevelopment plans for conformity with the General Plan and recommend to the City Council adoption of redevelopment plans consistent with the General Plan.

('80 Code, § 23-30) (Ord. 766, passed 1-20-1959; Ord. O2015-023, passed 4-15-2015; Ord. O2025-052, passed 12-17-2025)

      (1)   Require information which shall be furnished within a reasonable time from other city departments and agencies in relation to its work; and,

      (2)   Exercise such additional powers as may be necessary to perform tasks assigned to it by the City Council.

('80 Code, § 23-31) (Ord. 766, passed 1-20-1959; Ord. O2015-023, passed 4-15-2015)

   (E)   Composition. The Planning and Zoning Commission shall consist of seven members, who shall be electors and real property owners of the city, who shall be appointed by the Council.

('80 Code, § 23-17, § 23-18, § 23-19) (Ord. 929, passed 3-4-1964; Ord. 766, passed 1-20-1959; Ord. 1796, passed 12-6-1978)

   (F)   Terms of members. The term of office of the members of the Commission shall be for five years. Any member whose term expires shall be eligible for reappointment to another five-year term. If a vacancy on the Planning and Zoning Commission occurs other than by an expiration of term, it shall be filled by appointment for the unexpired term. Such appointment shall be made by the Council. Beginning July 1, 2011, all terms will expire on December 31.

('80 Code, § 23-21) (Ord. 929, passed 3-4-1964)

   (G)   Organization.

      (1)   Officers. The Commission each January shall elect a Chairperson and Vice Chairperson from among the appointive members. The Planning Director shall serve the Commission as executive secretary.

('80 Code, § 23-23) (Ord. 766, passed 1-20-1959)

      (2)   Meetings. The City Planning and Zoning Commission shall meet not less than once each month. Each January, the Commission shall hold an annual meeting for the review of its activities and accomplishments.

('80 Code, § 23-24) (Ord. 766, passed 1-20-1959)

      (3)   Quorum. Four members of the Planning and Zoning Commission shall constitute a quorum for transacting business.

('80 Code, § 23-25) (Ord. 766, passed 1-20-1959; Ord. 1540, passed 10-6-1976)

('80 Code, § 23-26) (Ord. 766, passed 1-20-1959; Ord. 1540, passed 10-6-1976; Ord. O2015-023, passed 4-15-2015)

      (5)   Official record. The official records of the Planning and Zoning Commission shall include its rules and regulations, minutes of meetings, resolutions and its adopted reports, which shall be deposited with the Planning Department and which shall be available for public inspection during customary office hours.

('80 Code, § 23-27) (Ord. 766, passed 1-20-1959)

('80 Code, § 23-28) (Ord. 766, passed 1-20-1959; Ord. O2015-023, passed 4-15-2015)

         (a)   Voice or video participation shall mean the participation of the Planning and Zoning Commissioner(s) at Planning and Zoning meetings by voice or video technology where the Planning and Zoning Commissioner is not physically present at the Planning and Zoning meeting.

         (b)   Voice or video participation shall only apply to Planning and Zoning meetings held at Yuma City Hall, Yuma. Arizona.

         (c)   A Planning and Zoning Commissioner wishing to participate through voice or video technology shall contact the Director of Community Development regarding the need to participate from an off-site location. Notice shall be provided no later than two business days prior to the meeting to allow sufficient time to post the information on the agenda and to prepare the meeting room for such voice or video participation.

         (d)   No more than two Planning and Zoning Commissioners may participate by voice or video technology at any meeting. Unless approved by the Planning and Zoning Commission, no Commissioner may participate by video or voice technology more than twice in any calendar year.

         (e)   When a Planning and Zoning Commissioner is participating by using voice or video technology at a meeting:

            1.   The meeting facilities shall be arranged to provide the capability of the public audience to be able to hear such participating Commissioner. Facilities shall also be provided whereby the participating Commissioner can hear any comments made by other members of the Planning and Zoning Commission, by City staff and by the audience in attendance at the meeting.

            2.   Communications shall be initiated with the Commissioner prior to the beginning of the Planning and Zoning meeting. The participating Commissioner will identify him or herself during roll call and state that he/she is attending the meeting through voice or video participation.

         (f)   The meeting agenda shall reflect that a Planning and Zoning Commissioner will be participating through voice or video technology and voting procedures will remain as required by the City of Yuma Code (§ 154-02.01).

(Ord. O2017-027, passed 8-16-2017)

('80 Code, § 23-20) (Ord. 929, passed 3-4-1964; Ord. O2015-023, passed 4-15-2015)

('80 Code, § 23-22) (Ord. 929, passed 3-4-1964; Ord. O2010-32, passed 7-7-2010; Ord. O2010-66, passed 1-5-2011)

   (J)   All decisions of the Planning and Zoning Commission are appealable to the City Council.

(Ord. O2021-035, passed 11-17-2021)

   (A)   Establishment. Pursuant to A.R.S. § 9-462.08, the position of Hearing Officer is hereby established to conduct public hearings on behalf of the city.

      (1)   Appointment. The Hearing Officer is appointed by the City Administrator subject to the approval of the City Council.

      (2)   Qualifications. The Hearing Officer is appointed on the basis of a demonstrated ability to perform the duties of the office, such as training and experience relevant to the conduct of administrative and adjudicative hearings and knowledge of the principles and practices of land use planning. The Hearing Officer shall not hold a city elective office concurrently with this position.

      (3)   Term. The Hearing Officer serves at the pleasure of the City Administrator. The City Administrator may designate a qualified person as a temporary Hearing Officer whenever the Hearing Officer is unable to perform the duties of the office due to illness, potential conflict of interest or similar reason.

   (B)   Authority. The Hearing Officer shall have the following authority:

      (1)   To hear and decide applications for:

         (a)   Variances;

         (b)   Temporary uses;

         (c)   Expansion of nonconforming uses or structures;

         (d)   Revocation of modification of variances;

         (e)   Conditional use permits for soil remediation, uses requiring a federal or state permit that are not otherwise listed and the location of multiple food vending units at a mobile vending site; and

         (f)   Time extension of conditional use permits (only if there are no changes made to the previously approved CUP).

      (2)   To hear and decide appeals of:

         (a)   Determinations of the Zoning Administrator;

         (b)   Determinations of the Floodplain Administrator;

         (c)   Decisions of the Landscape Committee;

         (d)   Decisions of the Minor Variance Committee; and

         (e)   Denial of any business license by planning staff.

(Ord. O2021-035, passed 11-17-2021)

   (D)   Temporary uses. The Hearing Officer may approve a request for a temporary use, as permitted in this chapter. The approval may include conditions which address site improvements, traffic issues, length of time for use operation, daily hours of operation, temporary signage or any other condition deemed necessary for the public safety, health and welfare. All temporary use decisions are appealable to the City Planning and Zoning Commission.

   (E)   Expansion of nonconforming uses or structures. The Hearing Officer may expand a nonconforming use or structure as allowed in this chapter and state law, A.R.S. § 9-462.02. All nonconforming use/structure decisions are appealable to the City Planning and Zoning Commission.

   (F)   Conditional use permits.  

      (1)   The Hearing Officer is responsible for the review and determination of conditional use permits related to soil remediation, time extension, and for any use that requires a state or federal permit.

      (2)   The Hearing Officer is responsible for the review and determination of conditional use permits for the location of multiple food vending units at a mobile vending site. The Hearing Officer may include conditions which address site improvements, traffic issues, daily operation hours or any other conditions deemed necessary for the public safety, health and welfare.

      (3)   All conditional use permit decisions are appealable to the City Council.

(Ord. O2021-035, passed 11-17-2021)

   (G)   Appeals.

      (1)   The Hearing Officer shall hear all appeals of decisions made by the following:

         (a)   The Zoning Administrator;

         (b)   The Floodplain Administrator;

         (c)   The Landscape Committee;

         (d)   The Minor Variance Committee; and

         (e)   Business license determinations made by planning staff.

      (2)   The Hearing Officer shall also hear and decide appeals when it is alleged there is an error in any order, requirement, decision in the enforcement of this chapter or the floodplain regulations set forth in Chapter 151, or interpretation of the official zoning map made by the Zoning Administrator.

      (3)   Upon appeal, to reverse or affirm, wholly or partially, or modify the order, requirement or decision of the Zoning Administrator or Floodplain Administrator, Landscape Committee, Minor Variance Committee and planning staff decision related to business licenses, the Hearing Officer has the authority to make such alternate order, requirement, decision or determination as necessary, based on the findings of each case.

   (H)   Hearing Officer. The Hearing Officer shall not be authorized to:

      (1)   Make any change(s) in the uses permitted in any zoning district, or make any changes in the terms of this chapter or the floodplain regulations set forth in Chapter 151. The restriction in this section shall not affect the authority to grant a variance(s) to a development standard(s) or a dimension(s) required by this chapter; or

      (2)   Grant a variance(s) if the special circumstances(s) applicable to the property, building, or use is self-imposed by the property owner or applicant.

(Ord. O2006-20, passed 3-1-2006; Ord. O2010-32, passed 7-7-2010; Ord. O2011-10, 4-20-2011; Ord. O2014-20, passed 8-27-2014)

   (A)   Establishment. Pursuant to A.R.S. § 9-462.05 the Planning Director, also known as Director of Planning, or an authorized deputy acting under his or her direction, shall be the Zoning Administrator.

   (B)   Duties. The Zoning Administrator, or his or her authorized deputy shall be charged with responsibility for enforcement of the zoning ordinance:

      (1)   Supply information about, and provide interpretations of, this chapter to the public, city departments and other agencies;

      (2)   Provide advice and assistance to all applicants for zoning actions;

      (3)   Accomplish all administrative actions required by this chapter; including receiving applications giving notice of hearings, preparation of reports and processing appeals, completing design review and approval;

      (4)   Enforce the provisions of this chapter pertaining to the erection, construction, moving, reconstruction, conversion, alteration or addition to any building or structure and the use of any land, building or premise;

      (5)   Inspect buildings, structures and lands as may be necessary or desirable for enforcement of this chapter;

      (6)   Determine other permitted uses consistent with the purpose of each Zoning District; and

(Ord. O2009-28, passed 5-6-2009; Ord. O2025-051, passed 12-17-2025)

      (7)   Notwithstanding the procedures set forth in § 154-03.04(D)(1)(a) through (D)(1)(c) for consideration of a variance application, the Zoning Administrator may approve a deviation in development standards and/or dimensional criteria upon the making of the findings required in § 154-03.04(D)(1)(a) through (D)(1)(d), when the following conditions are satisfied:

         (a)   The application requests a deviation from code not exceeding a 10% reduction or increase of a development standard and/or dimension required by the zoning code; and

         (b)   The Zoning Administrator determines that the request complies with the four findings of fact required by § 154-03.04(D)(1)(a) through (D)(1)(d).

(Ord. O2010-32, passed 7-7-2010)

   (A)   Establishment. The Design and Historic Review Commission (DHRC) is hereby created. The Design and Historic Review Commission is the merger of the formerly known Design Review Commission and Historic District Review Commission. The Commission shall consist of an odd number of members no fewer than five and no more than seven to be appointed by the Mayor and Council. The Design and Historic Review Commission shall be organized to conduct business in a manner specified in the Commission bylaws.

(Ord. O97-45, passed 7-2-1997; Ord. O98-44, passed 5-20-1998; Ord. O2007-61, passed 11-20-2007; Ord. O2008-31, passed 8-6-2008; Ord. O2009-54, passed 10-21-2009)

   (B)   Organization of the Design and Historic Review Commission.

      (1)   Terms. Members shall serve a term of five years. Beginning July 1, 2011, all terms will expire on December 31. Elections for positions of Commission Chairperson and Commission Vice-Chairperson shall be on an annual basis at the first meeting of the calendar year.

      (2)   Meetings. The Design and Historic Review Commission shall meet bi-monthly, or at the call of the Chairperson as specified in the Commission bylaws, to be amended as required.

      (3)   Rules. The Commission shall adopt rules for the conduct of its business. The Commission may delegate certain responsibilities and/or tasks to be performed by a sub-commission or subcommittees of the Commission.

      (4)   Compensation. Members shall serve without compensation.

      (5)   Composition. Appointed member shall meet these qualifications:

         (a)   All must be residents of the city and should have a demonstrated interest in the history of this city with a desire to promote building and site design that is of high aesthetic and functional quality while in harmony with the surrounding community;

         (b)   At least one member must be an architect, architectural designer, planner or design professional who demonstrate an interest in local historic preservation as well as the design, image and appearance of the community;

         (c)   At least one member must be a general building contractor or a tradesman in the building construction industry who should have an interest in historic structures;

         (d)   At least one member must have qualified training or experience in historic preservation, or be a member of the Rio Colorado Chapter of the Arizona Historical Society and selected from among three or more members nominated by the Board of Directors of that chapter;

         (e)   One member must be a member of the City Planning and Zoning Commission;

         (f)   At least one person who owns property or resides within a historic district as established under this subchapter;

         (g)   Two members shall be members at-large; and

         (h)   Should no persons be available for appointment that meet the criteria listed herein, the City Council may select a person whose background approximates the knowledge and expertise being sought.

('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983; Ord. O98-44, passed 5-20-1998; Ord. O2007-61, passed 11-20-2007; Ord. O2009-54, passed 10-21-2009; Ord. O2010-56, passed 11-17-2010)

   (C)   Purpose. The purpose of the Design and Historic Review Commission is to promote and protect the Historic and Architectural integrity of the city within the defined geographical limits of the Aesthetic Overlay District and the Historic Districts of the city.

   (D)   Duties. The Commission’s duties are outlined as follows:

      (1)   To promote the educational, cultural, economic and general welfare of the community and to ensure the harmonious growth and development of the municipality by encouraging the preservation of historic places and structures, and advancing aesthetic and functionally well-designed projects;

      (2)   To designate sites and districts of historical significances;

      (3)   To provide regulatory oversight regarding exterior modifications to all historic structures or sites that are listed or eligible for listing on the National Register of Historic Places and have received the city’s Historic (H) District Zoning Overlay, as well as projects within the Aesthetic Overlay District;

      (4)   Hear and decide appeals of the City Zoning Administrator’s decisions on project design plans within the Aesthetic Overlay District;

      (5)   To provide regulatory oversight regarding the exterior appearance of any structure (new construction, renovation or alteration) within a recognized Historic District or within the Aesthetic Overlay and areas with specific design requirements;

      (6)   The Commission shall decide whether a permit should be issued for any demolition, removal, exterior renovation, addition or any other exterior alteration of any historic structure, historic site or any property located within an historic district. The Commission’s review of applications for new construction shall be limited to building size, scale, exterior elevation, design, color and appearance, to ensure compatibility with the historic character of the property, neighborhood or environment. When the local Commission governing the historic district denies an application or request, the applicant may not legally proceed with any exterior work, including demolishing or moving a structure, unless the Commission’s decision is appealed and is set aside or modified by a superior authority;

      (7)   Hear and decide appeals of the City Zoning Administrator’s decisions on signage and building requirements within the Historic Park Zoning District; and

      (8)   The Commission shall keep the Mayor and Council apprised in all matters concerning historic sites and districts. In this regard it:

      (9)   Hear and decide appeals of the City Zoning Administrator’s decisions on signage and building requirements within the Historic Park Zoning District; and

      (10)   The Commission shall keep the Mayor and Council apprised in all matters concerning historic sites and districts. In this regard it:

         (a)   May recommend to the Mayor and Council acquisition by the city of structures or easements for maintenance or repair of structures for their preservation where private preservation is not feasible; and

         (b)   May initiate and conduct detailed studies and surveys of buildings, in conjunction with the Rio Colorado Chapter of the Arizona Historical Society and interested others, the intention of assessing potential of such buildings, structures or areas for designation as historic sites or districts.

   (E)   Appeals and variance.

      (1)   Proper maintenance is essential to the longevity of historic structures. Minor maintenance modifications to properties within an historic district may be approved or denied by the Zoning Administrator or the Zoning Administrator’s designee. Denials by the Zoning Administrator or Zoning Administrator’s designee may be appealed to the Design and Historic Review Commission. Minor maintenance modifications include the following:

         (a)   Replacement of existing wood or asphalt shingles with dimensional asphalt shingles provided that the property is not individually listed on the National Historic Register or a contributing property within the Brinley Avenue Historic District;

         (b)   Patching or resurfacing of an existing flat roof;

         (c)   Reapplication of applied color to a surface with applied color (stain or paint);

         (d)   Replacement of an electrical service panel and associated screening;

         (e)   Replacement of an HVAC unit and associated screening; and

         (f)   New or replacement fencing or perimeter walls.

         (g)   Investigation of structural and building system integrity by means of inconspicuous exterior exploration. Exploration is limited to one temporary occurrence at a time with a maximum removal of four square feet of the facade for each such occurrence. Repair/restoration to match the surrounding exterior is to be completed within 30 days of commencement of the exploration.

      (2)   Appeals of the project design decisions of the Design and Historic Review Commission within an Aesthetic Overlay District shall be heard by the Planning Commission.

      (3)   Any requests for variances from the development standards of the underlying zoning district for a project within an Aesthetic Overlay District shall be considered by the City Hearing Officer.

      (1)   Voice or video participation shall mean the participation of the Design and Historic Review Commissioner(s) at Design and Historic Review Commission meetings by voice or video technology where the Design and Historic Review Commissioner is not physically present at the Design and Historic Review Commission meeting.

      (2)   Voice or video participation shall only apply to Design and Historic Review Commission meetings held at Yuma City Hall, Yuma, Arizona.

      (3)   A Design and Historic Review Commissioner wishing to participate through voice or video technology shall contact the Director of Community Development regarding the need to participate from an off-site location. Notice shall be provided no later than two business days prior to the meeting to allow sufficient time to post the information on the agenda and to prepare the meeting room for such voice or video participation.

      (4)   No more than two Design and Historic Review Commissioners may participate by voice or video technology at any meeting. Unless approved by the Design and Historic Review Commission, no Commissioner may participate by video or voice technology more than twice in any calendar year.

      (5)   When a Design and Historic Review Commissioner is participating by using voice or video technology at a meeting:

         (a)   The meeting facilities shall be arranged to provide the capability of the public audience to be able to hear such participating Commissioner. Facilities shall also be provided whereby the participating Commissioner can hear any comments made by other members of the Design and Historic Review Commission, by City staff and by the audience in attendance at the meeting.

         (b)   Communications shall be initiated with the Commissioner prior to the beginning of the Design and Historic Review Commission meeting. The participating Commissioner will identify him or herself during roll call and state that he/she is attending the meeting through voice or video participation.

      (6)   The meeting agenda shall reflect that a Design and Historic Review Commissioner will be participating through voice or video technology and voting procedures will remain as required by the City of Yuma Code (§ 154-02.04).

('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983; Ord. O98-44, passed 5-20-1998; Ord. O2007-61, passed 11-20-2007; Ord. O2009-54, passed 10-21-2009; Ord. O2010-32, passed 7-7-2010; Ord. O2010-66, passed 1-5-2011; Ord. O2011-16, passed 5-4-2011; Ord. O2025-051, passed 12-17-2025)

   (A)   Authority. The Zoning Board of Adjustment shall have authority to grant, upon such terms and conditions as it deems necessary, a variance(s) from those specific restrictions as to area, fences and walls, frontage dimension on a public or private street, height, landscape plant material, loading, parking, setbacks, signs, width, yards, general character and other accessory and incidental restrictions applicable to the appropriate district.

('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)

   (B)   Duties.

      (1)   The Zoning Board of Adjustment shall be authorized to hear and decide appeals from an interpretation and/or a decision of the Zoning Administrator.

      (2)   The Zoning Board of Adjustment shall hear and decide appeals of the Minor Variance Committee and a decision of the Zoning Administrator or designee.

('80 Code, App. A, § 181) (Ord. 583, passed 9-16-1952; Ord. 2584, passed 9-16-1992; Ord. O96-77, passed 8-7-1996)

      (3)   The Board of Adjustment shall consider appeals pertaining to removal of abandoned signage.

      (4)   The Board shall be authorized to hold a public hearing to consider granting a variance(s) only when findings of fact are made that all of the conditions found in § 154-03.04(D)(1) are found to exist.

      (5)   The Zoning Board of Adjustment, shall be authorized to hold a public hearing to consider the revocation or modification of a variance(s) previously granted in accordance with the provisions of the zoning code.

      (6)   The Board of Adjustment may not:

         (a)   Grant a variance to allow a less restrictive use, or other use not permitted in the applicable district. A variance request must be compatible with the general purpose and intent of the zoning code and the General Plan upon which it is based, so that the spirit of the zoning code and General Plan shall be observed, public safety and welfare secured, and substantial justice be done, not only to the applicant, but to others who might be affected by approval of such variance; and

         (b)   The Board shall not approve a variance if it finds that the special circumstance(s) or condition(s) of the property, building or use which is claimed to cause a practical difficulty, unnecessary hardship or inconsistency with the intent of the purpose of the zoning code or General Plan applies generally throughout the neighborhood or district. In such cases where variance requests are so general, or recurrent in nature, an amendment of the zoning code should be considered to provide a general regulation for such special circumstance rather than the approval of variance requests.

('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2010-32, passed 7-7-2010; Ord. O2010-66, passed 1-5-2011)

   (A)   Purpose. The city shall establish a Minor Variance Committee, consisting of the Zoning Administrator and two additional members of the Department of Community Development Staff as determined by the Zoning Administrator, to act as the hearing officer as provided by A.R.S. § 9-462.06.

   (B)   Duties.

      (1)   The Minor Variance Committee shall have the authority to grant, upon such terms and conditions it deems necessary, a minor variance(s) as defined in Article 1 of this chapter.

      (2)   The Minor Variance Committee may, at an open meeting, approve a minor variance(s) upon the making of the findings required in § 154-03.04(D)(1)(a) through (D)(1)(d) of this chapter, when the following conditions are satisfied:

         (a)   The applicant receives written consent to the requested minor variance(s), on a form provided by the Zoning Administrator, from an owner of each property adjacent to the property which is the subject of the minor variance request, whether or not separated by public rights-of-way;

         (b)   The application requests a variance not exceeding a 20% reduction or increase of a development standard or dimension required by the zoning code; and

         (c)   The Minor Variance Committee determines that the request complies with the four findings of fact required by § 154-03.04(D)(1)(a) through (D)(1)(d).

      (3)   The Minor Variance Committee may not:

         (a)   Grant a variance to allow a less restrictive use or other use not permitted in the applicable district; and

         (b)   A minor variance request must be compatible with the general purpose and intent of the zoning code and the General Plan upon which it is based, so that the spirit of the zoning code and the General Plan shall be observed, public safety and welfare secured, and substantial justice done not only to the applicant, but to others who might be affected by the granting of such minor variance(s).

(Ord. O2010-32, passed 7-7-2010)

   (A)   Purpose. To provide appropriate information to adjacent land owners and other potentially affected citizens of requested zoning map amendments, conditional use permits, specific plans and allow opportunities to express any issues or concerns that they may have with the proposal before the public hearing.

(Ord. O2003-66, passed 12-3-2003; Ord. O2005-47, passed 7-6-2005)

   (B)   Notification. All notifications sent pursuant to § 154-03.02 shall include:

      (1)   The substance and location of the proposal;

      (2)   The purpose or intent of the proposal;

      (3)   Contact information for the staff and the applicant, or his or her agent, which may include telephone numbers, mailing and e-mail addresses; and

      (4)   Meeting dates and locations of neighborhood meetings, if deemed appropriate.

(Ord. O2003-66, passed 12-3-2003; Ord. O2005-47, passed 7-6-2005)

   (C)   Neighborhood meetings. Following application for zoning map amendment, conditional use permit, or specific plan, a neighborhood meeting or other public input opportunity may be required. City staff will establish the process and procedures for the neighborhood meetings. Failure by the applicant to participate in the neighborhood meeting, will delay the development review process for the subject application.

(Ord. O2003-66, passed 12-3-2003; Ord. O2005-47, passed 7-6-2005; Ord. O2010-32, passed 7-7-2010; Ord. O2025-052, passed 12-17-2025)

   (A)   Zoning amendments (boundaries and/or regulations).

      (1)   Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given at least 15 days before the hearing by publication at least once in a newspaper of general circulation, published or circulated in the city.

      (2)   In proceedings involving an amendment of the zoning map, additional written notice of the hearing shall be given by mail at least 28 days before the hearing to all owners of property within a radius of 300 feet of the exterior boundaries of the property being the subject of the application; using for this purpose the name and address shown on the county assessment roll.

      (3)   Failure of any property owner to receive said notice will not invalidate the proceedings.

      (4)   When the property being the subject of the application abuts unincorporated areas of the county or other municipalities, notice shall be given to the planning agencies of such governmental units.

      (5)   This requirement for written notice shall not apply to amendments initiated by the City Council or Planning Commission that, in effect, adopt a new zoning map for the city, or a large portion thereof.

      (6)   In zoning requests involving one or more of the following changes to the standards governing land use, additional notice is required:

         (a)   A 10% or more increase or decrease in the number of square feet or units that may be developed;

         (b)   A 10% or more increase or reduction in the allowable height of buildings;

         (c)   An increase or reduction in the allowable number of stories of buildings;

         (d)   A 10% or more increase or decrease in setback or open space requirements; and

         (e)   An increase or reduction in permitted uses.

      (7)   In these instances, notice shall be provided to real property owners in one of three ways:

         (a)   Send a notice of the proposed changes in utility bills or other mass mailings which are periodically issued;

         (b)   Publish a display ad on the proposed change in a newspaper of general circulation in the city or town prior to the public hearing on any such change. The display ad must cover not less than one-eighth of a full page; or

         (c)   Send a notice by first class mail to all property owners whose property is directly governed by the proposed change.

      (8)   If notice is provided using the method involving a display ad or the use of utility bills and other mass mailings, the municipality shall also send notice by first class mail to all persons who register their name and address with the municipality as being interested in receiving such notices. A fee not to exceed $5 per year shall be charged for providing this service.

   (B)   Variances.

      (1)   A public hearing to consider the requested variance shall be held by the Board. Notice of the time and place of the hearing shall be given as follows:

         (a)   In at least one publication in a newspaper of general circulation in the city, at least 15 days before the hearing;

         (b)   By posting of notice in conspicuous places on, or close to, the property; and

         (c)   By mail, or hand delivery, at least seven days before the hearing, to all owners of property within 300 feet of the exterior boundaries of the subject property of the request, using the name and address shown on the county assessment roll.

      (2)   Failure of any property owner to receive said notice shall not invalidate the proceedings.

('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)

   (C)   Appeals of the Zoning Administrator and the Minor Variance Committee.

      (1)   A public hearing shall be held by the Board. Notice of the time and the place of the hearing shall be given as follows:

         (a)   In at least one publication in a newspaper of general circulation in the city, at least 15 days before the hearing;

         (b)   By posting of notice in conspicuous places on, or close to, the property; and

         (c)   By mail at least seven days before the hearing to all owners of property within a radius of 300 feet of the exterior boundaries of the subject property of the appeal, using the name and address shown on the county assessment roll.

      (2)   Failure of any property owner to receive said notice shall not invalidate the proceedings.

   (D)   Conditional use permits.

      (1)   A public hearing shall be held by the Commission. Notice of the time and place of the hearing shall be given as follows:

         (a)   In at least one publication in a newspaper of general circulation in the city, at least 15 days before the hearing;

         (b)   By posting of notice in conspicuous places on, or close to, the property; and

         (c)   By mail or hand delivery at least 28 days before the hearing to all owners of property within 300 feet of the exterior boundaries of the subject property of the request, using the name and address shown on the county assessment roll.

      (2)   Failure of any property owner to receive said notice shall not invalidate the proceedings.

('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2003-66, passed 12-3-2003; Ord. O2010-32, passed 7-7-2010)

   This chapter may be amended by changing the boundaries of any zoning district, imposing new regulations or removing, changing or modifying the regulations previously imposed whenever the public necessity and convenience and the general welfare require such amendment, by following the procedure of this section.

      (1)   The City Council;

      (2)   The Planning Commission; and/or

      (3)   One or more owners of property affected by the proposed amendment.

   (B)   Application for amendment of zoning map. The zoning application shall be made on the form provided and shall be accompanied by a nonreturnable filing fee in accordance with the fee schedule adopted by City Ordinance No. 1943, and successors. Said application shall bear the property owners signatures and addresses, the legal description and land area of each property included in the application, the total land area represented by the application, a map of the area and other attachments as noted on the application.

         (a)   Staff may grant a one-time extension of not more than 30 days for extenuating circumstances; or

         (b)   Staff may grant extensions in 30 day increments at the request of the applicant.

         (a)   Land that is designated as a district of historical significance pursuant to ARS § 9-462.01(a); and

         (b)   An area that is designated as historic on the national register of historic places;

         (c)   Land that is already zoned as a planned area development (PAD).

   (C)   Amendment of the text. An amendment of the text of this chapter may be initiated by:

      (1)   The City Council;

      (2)   The Planning Commission; and/or

      (3)   Any resident of or owner of property in the city.

   (D)   Application for amendment of the text. The application shall be made on the form provided and shall be accompanied by a nonreturnable filing fee in accordance with the fee schedule adopted by City Ordinance No. 1943, and successors.

   (E)   Public hearing. At least one public hearing shall be held by the Commission. Following the aforesaid hearing, the Planning Commission shall file a report of its findings and recommendations with respect to the proposed amendment with the City Council within 30 days of the final public hearing; the report shall be in writing and shall include the recommendations for approval, conditional approval or disapproval and shall contain a brief summary of the reasons for the recommendations. If the Planning Commission deems it advisable, it may recommend that the area under consideration for change in classification be enlarged or diminished or be reclassified to a district other than the district originally initiated.

   (F)   Withdrawal of petition for amendment. Upon the consent of the Planning Commission, any petition for an amendment may be withdrawn upon the written application of a majority of all persons who signed such a petition. The City Council or the Planning Commission may by resolution abandon any proceedings for an amendment initiated by its own resolution of intention, provided that such abandonment may be made only when such proceedings are before such body for consideration, and provided that any hearing of which public notice has been given shall be held.

   (G)   Adoption of recommendation. After the Planning Commission has held a public hearing, the City Council may adopt the recommendation of the Planning Commission without holding another public hearing if there is no objection, request for a public hearing or other protest. A public hearing shall be held if requested by the party aggrieved or any member of the public or of the City Council.

   (H)   Notice. If the City Council holds a public hearing, notice shall be given in the manner provided in § 154-03.02 of this article.

   (I)   Amendment may be conditioned. An amendment of the zoning map may be conditioned, upon:

      (1)   A schedule for development of the specific use or uses requested. If at the expiration of this period the property has not been improved for the use for which it was conditionally approved, it shall revert to its former zoning district classification without further action; and

      (2)   Public dedication of rights-of-way as streets, alleys, public ways, drainage and public utilities are as reasonably required by, or related to, the effect of the amendment.

   (J)   Filing of protest by adjacent property owners.

      (1)   If the owners of 20% or more, excluding government property, either of the area of the lots included in a proposed change, or of those immediately adjacent in the rear or any side thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote of three-fourths of all members of the City Council.

      (2)   If any members of the City Council are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the questions shall be three-fourths of the remaining membership of the Council, provided that such required number of votes shall in no event be less than a majority of the full membership of the Council.

   (K)   Resubmittal after denial. In case a petition for an amendment is denied by the City Council, said petition shall not be eligible for resubmittal for one year from date of said denial, unless specifically stated to be without prejudice. A new petition affecting the same property must be, in the opinion of the Planning Commission, substantially different from the petition denied, or conditions must have sufficiently changed for the new petition to be eligible for consideration within one year from said date of denial, unless denied without prejudice.

('80 Code, App. A, § 250) (Ord. 583, passed 9-16-1952; Ord. 1378, passed 9-4-1974; Ord. 1939, passed 6-18-1980; Ord. 2426, passed 11-2-1988; Ord. O2003-66, passed 12-3-2003; Ord. O2010-32, passed 7-7-2010; Ord. O2024-040, passed 12-18-2024)

   (A)   Purpose. The purpose of the variance procedure is to allow for a variation from the strict application of the development standards or dimension requirements of the zoning code where practical difficulties unnecessary hardship, or a result inconsistent with the general purposes of the zoning code would occur from its strict, and literal interpretation, and enforcement. The Zoning Board of Adjustment shall also be authorized to hear and decide appeals from the decision of the Zoning Administrator and from the Minor Variance Committee.

('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)

   (B)   Applications. A written application shall be submitted to the Planning and Neighborhood Service Division as follows:

      (1)   On the form provided by the Zoning Administrator and signed by the property owner;

      (2)   Shall specify the variance(s) or minor variance(s) requested or specify the grounds of the appeal;

      (3)   Shall be accompanied by a nonrefundable filing fee in accordance with the fee schedule adopted by the City Ordinance No. 1943, and successors;

      (4)   Shall include reasons for granting the application or for granting the appeal; and

      (5)   Shall include plans and other pertinent information.

('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)

   (C)   Public hearing.

      (1)   A public hearing to consider the requested variance or the appeal shall be held by the Board.

      (2)   Notice of the time and place of the hearing shall be given as outlined in § 154-03.02(B) or (C).

   (D)   Zoning Board of Adjustment action.

      (1)   Following the aforesaid hearing, the Board shall grant a variance(s) only when findings of fact are made that all of the following conditions exist:

         (a)   There is a special circumstance(s) or condition(s), applying to the property or building referred to in the application and which do(es) not apply to most other properties in the district;

         (b)   That such special circumstance(s) was not created, or caused, by the property owner or applicant;

         (c)   The granting of the variance(s) is necessary for the preservation of substantial property rights enjoyed by other property owners in the vicinity under identical zoning designations; and

         (d)   The granting of the variance shall not be materially detrimental to any person(s) residing, or working, in the vicinity, to adjacent property, to the neighborhood or to the public health, safety and general welfare.

('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2008-55, passed 12-3-2008)

      (2)   Following the aforesaid hearing, the Board shall take action to either continue consideration, deny or grant an appeal from the decision of the Zoning Administrator and/or from the Minor Variance Committee.

   (E)   Stay of proceedings. An appeal stays all proceedings unless the Zoning Administrator certifies that a stay would cause imminent peril to life or to property. Upon such certification, proceedings shall not be stayed, except by restraining order granted by a court of record upon notice to the Zoning Administrator.

('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)

   (F)   Expiration and time extensions.

      (1)   Expiration. In any case where a variance(s) has not been used within one year after the granting thereof, it shall be null and void.

      (2)   Time extensions. The Zoning Board of Adjustment, however, shall hold a public hearing to consider the granting of a time extension of no more than one additional year as follows:

         (a)   Upon request by the applicant;

         (b)   When the request is filed with the Planning and Neighborhood Services Division prior to the expiration date of the original variance(s) approval;

         (c)   When accompanied by a time extension fee in accordance with City Ordinance No. 1943, and successors; and

         (d)   Upon determination by the Board that there have been no changes in the circumstances, or the vicinity of the property, or use, which would render the previously approved variance(s) inappropriate.

('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)

   (G)   Revocation or modification of variances.

      (1)   Revocation. The Zoning Board of Adjustment, shall be authorized to hold a public hearing to consider the revocation, or modification, of a variance(s) previously granted in accordance with the provisions of the zoning code. A written notice of the date, time, place and purpose of the hearing shall be served on the owner of the property for which the variance was granted by registered mail, return receipt requested, not less than seven days prior to the date of such hearing. Additional notice shall be provided as specified in § 154-03.02(B).

      (2)   Findings. A variance(s) may be revoked, or modified, if, from the facts presented at the public hearing, or by investigation, the Zoning Board of Adjustment makes an affirmative determination on any one or more of the following findings:

         (a)   The variance(s) approval was obtained by fraud;

         (b)   The variance(s) granted is being exercised contrary to the conditions of approval of such variance(s), or in violation of any applicable law, license, ordinance, permit or regulation; and/or

         (c)   The use for which the variance(s) approval was granted is being, or has been, exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.

      (3)   Appeal of revocation. Each decision by the Zoning Board of Adjustment to revoke variance(s) shall be by a majority of the membership of the Board present and voting. Any person may appeal the revocation in writing to the Planning and Neighborhood Services Division, including any required appeal fee, within 30 days of the decision of the Board of Zoning Adjustment. The appeal shall be forwarded to the City Council. The City Council may, after a public hearing, affirm, reverse or modify the decision of the Zoning Board of Adjustment.

('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)

   (H)   Minor variances. The purpose of the minor variance procedure is to allow for a maximum 20% variation from a development standard or dimension requirement of the zoning code where a practical difficulty, unnecessary hardship, or a result inconsistent with the general purposes of the zoning code would occur from its strict, and literal interpretation, and enforcement.

      (1)   Open meeting. Notwithstanding the procedures set forth in divisions (D)(1)(a) through (D)(1)(c) above for consideration of a variance application, the Minor Variance Committee may, at an open meeting, approve a minor variance(s) upon the making of the findings required in divisions (D)(1)(a) through (d) above, when the conditions outlined in § 154-02.06(B)(2) are satisfied.

      (2)   Zoning Administrator. Notwithstanding the procedures set forth in divisions (D)(1)(a) through (D)(1)(c) above for consideration of a variance application, the Zoning Administrator may approve a deviation in development standards and/or dimensional criteria upon the making of the findings required in divisions (D)(1)(a) through (D)(1)(d) above, when the conditions outlined in § 154-02.03(B)(7) are satisfied.

      (3)   Appeal. In the event the Minor Variance Committee approves, denies or approves with conditions an application for a minor variance(s) filed pursuant to these regulations, any person may appeal that decision in writing to the Planning and Neighborhood Services Division, including any required appeal fee, within 30 days of the decision of the Minor Variance Committee, and request that the minor variance be placed on the agenda of the next available, regularly scheduled Zoning Board of Adjustment meeting. Such applications shall be acted on by the Zoning Board of Adjustment as specified in division (D) above.

('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2006-39, passed 6-21-2006; Ord. O2010-32, passed 7-7-2010)

   (A)   Purpose. The purpose for the conditional use permit procedure is to allow approval of uses which are deemed to possess location, use, building or traffic characteristics of such unique and special form as to make impractical or undesirable, their automatic inclusion as permitted uses in certain districts. The Planning and Zoning Commission shall have the authority to grant approval for conditional uses, under the procedures herein stated. In granting a conditional use permit; certain safeguards may be required, and certain conditions established to accomplish to following:

      (1)   To protect the public health, safety, convenience and general welfare;

      (2)   To assure that the purposes of the zoning code shall be maintained with respect to the particular conditional use on the particular requested site;

      (3)   To consider the location, use, building, traffic characteristics and environmental impact(s) of the proposed use; and

      (4)   To consider existing and potential uses with the general area in which the requested conditional use is proposed.

('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)

   (B)   Conditions of approval. The conditions of approval required by the Planning and Zoning Commission in granting a conditional use permit may include, but are not limited to, provisions concerning access, aesthetics, appearance, area, driveways, environmental attenuation, general character, height, hours of operation, lighting, loading, neighborhood compatibility; noise attenuation, on- and off-site improvements, open spaces, operating hours, parking, prevention of vandalism or graffiti, revocation dates, security of persons and property, setbacks, signs, site plan, size, street right-of-way dedication, time limits for commencing construction or use authorization, use, walls, yards and any other conditions the Planning and Zoning Commission may deem appropriate and necessary to carry out the purpose(s) of the zoning code.

('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)

   (C)   Exceptions; approval or denial. In granting a conditional use permit, the Planning and Zoning Commission shall be authorized to hear and decide applications for an exception(s) as follows:

      (1)   When filed concurrently with a conditional use permit application;

      (2)   As authorized by § 154-03.04(A) as a variance to the zoning code; and

      (3)   Provided the Planning and Zoning Commission shall make the four findings of fact required by § 154-03.04(D)(1) of the zoning code.

('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)

   (D)   Types of conditional uses. The Planning and Zoning Commission may grant a conditional use permit in accordance with the procedures stated in the zoning code for any of the following uses:

      (1)   Any use listed as a conditional use in any district;

      (2)   A temporary and revocable use of property on an undeveloped parcel(s) for a maximum period of 12 months; provided, such use be of a true temporary nature, does not require the erection of substantial buildings or improvements and shall be subject to the applicant furnishing satisfactory assurance of complete removal of such buildings or improvements at the expiration of the permit approval; and

      (3)   Any hazardous material environmental remediation program, project or facility proposed to exceed a ten-day period for property in any district.

('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)

   (E)   Application. A written application shall be submitted to the Planning and Neighborhood Services Division as follows:

      (1)   On the form provided by the Zoning Administrator and signed by the property owner;

      (2)   Shall specify the conditional use requested;

      (3)   Shall be accompanied by a nonrefundable filing fee in accordance with the fee schedule adopted by City Ordinance No. 1943, and successors;

      (4)   Shall include reasons for granting the application; and

      (5)   Shall include plans and other pertinent information.

('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)

   (F)   Public hearing. A public hearing shall be held by the Commission. Notice of the time and place of the hearing shall be given as outlined in § 154-03.02(D).

   (G)   Planning and Zoning Commission action.

      (1)   The Planning and Zoning Commission shall have the authority to hear and decide applications for conditional use permits. However, when specified by the zoning code that the City Council shall have the final authority to decide applications for conditional use permits, the decision of the Planning and Zoning Commission shall be advisory to the City Council.

      (2)   In order to approve an application for a conditional use permit, the Planning and Zoning Commission shall make a finding that each of the following questions can be answered affirmatively.

         (a)   Is the Planning and Zoning Commission, or the City Council, authorized under the zoning code to grant the conditional use permit described in the application?

         (b)   Will the establishment, maintenance and/or operation of the requested conditional use, under the circumstances of the particular case, not be detrimental to the health, safety; peace, morals, comfort or general welfare of persons residing, or working, in the vicinity or such proposed use, or be detrimental or injurious, to the value of property in the vicinity, or to the general welfare of the city?

         (c)   Are the provisions for ingress, egress and traffic circulation, and adjacent public streets adequate to meet the needs of the requested conditional use?

         (d)   Are the provisions for building(s) and parking facility setbacks adequate to provide a transition from, and protection to, existing and contemplated residential development?

         (e)   Are the height and bulk of the proposed buildings and structures compatible with the general character of development in the vicinity of the requested conditional use?

         (f)   Have provisions been made to attenuate noise levels and provide for adequate site and security lighting?

         (g)   Has the site plan for the proposed conditional use, including, but not limited to landscaping, fencing and screen walls and/or planting, CPTED strategies (Crime Prevention Through Environmental Design) and anti-graffiti strategies been adequately provided to achieve compatibility with adjoining areas?

('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)

   (H)   Expiration and time extensions.

      (1)   Expiration. In any case where a conditional use permit has not been used within one year after the granting thereof, it shall be null and void.

      (2)   Time extensions. The Commission, the Hearing Officer, or in the case of City Council approval, the Council, shall hold a public hearing to consider the granting of a time extension of no more than one additional year as follows:

         (a)   Upon request by the applicant;

         (b)   When the request is filed in writing with the Planning and Neighborhood Services Division prior to the expiration date of the original conditional use permit approval;

         (c)   When accompanied by a time extension fee in accordance with City Ordinance No. 1943, and successors; and

         (d)   Upon determination by the Commission, the Hearing Officer, or in the case of City Council approval, the Council, that there have been no changes in the circumstances, or the vicinity of the property or use, which would render the previously approved conditional use permit inappropriate.

('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2011-10, passed 4-20-2011)

   (I)   Revocation or modification of conditional use permits.

      (1)   Revocation. The Planning and Zoning Commission, shall be authorized to hold a public hearing to consider the revocation or modification of a conditional use permit previously granted in accordance with the provisions of the zoning code. A written notice of the date, time, place and purpose of the hearing shall be served on the owner of the property for which the conditional permit use was granted by registered mail return receipt requested, not less than seven days prior to the date of such hearing. Additional notice shall be provided as specified in § 154-03.02(D).

      (2)   Findings. A conditional use permit may be revoked, or modified, if, from the facts presented at the public hearing, or by investigation, the Planning and Zoning Commission makes an affirmative determination on any one or more of the following findings:

         (a)   The conditional use permit was obtained by fraud;

         (b)   The conditional use permit is being exercised contrary to the conditions of approval of such conditional use permit, or in violation of any applicable law, license, ordinance, permit or regulation; and/or

         (c)   The use for which the conditional use permit was granted is being, or has been, exercised as to be detrimental to the public health, or safety, or so as to constitute a nuisance.

      (3)   Appeal of revocation. Each decision by the Planning and Zoning Commission to revoke a conditional use permit shall be by a majority of the membership of the Commission present and voting. Any person may appeal in writing to the Planning and Neighborhood Services Division, including any required appeal fee, within 30 days of the revocation determination of the Planning and Zoning Commission. The appeal shall be forwarded to the City Council. The City Council may, after a public hearing, affirm, reverse or modify the decision of the Planning and Zoning Commission.

('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2010-32, passed 7-7-2010)

   (A)   Protected development right plan approvals. The City Council shall consider for approval protected development right plans submitted in accordance with A.R.S. §§ 9-1201 through 9-1205, as amended, and the procedures set forth in this section of the City Code.

      (1)   Protected development right plan. A city-approved development plan or subdivision plat, which at a minimum, describes with a reasonable degree of certainty:

         (a)   The proposed uses of the site;

         (b)   The boundaries of the site;

         (c)   Significant topographical and other natural features affecting development of the site;

         (d)   The number of dwelling units or other structures; and

         (e)   The location of all existing and proposed utilities and a provision for other infrastructure on the site, including water, sewers, roads and pedestrian walkways.

      (2)   Phased development. For purposes of consideration and approval of protected development right plans, a phased development is a master planned development which:

         (a)   Consists of at least 40 acres depicted on a single master subdivision plat for a residential development;

         (b)   Consists of at least 20 acres depicted on a single master planned subdivision plat or development plan for a nonresidential development;

         (c)   Is the subject of newly adopted planned unit development (PUD); or

         (d)   The City Council have identified as a phased development for purposes of protected development rights.

      (3)   A plan or subdivision plat for other than a phased development. A plan or subdivision plat for other than a phased development may be considered a protected development right plan only if, in addition to the foregoing requirements, it describes with a reasonable degree of certainty the square footage, height and general location of proposed buildings, structures and other improvements and provides the final site development approval needed for issuance of a building permit.

(Ord. O2005-47, passed 7-6-2005)

   (B)   Grant of protected development right. A protected development right shall be granted upon approval by the City Council of a plan identified at the time it is submitted as a protected development right plan.

   (C)   Effective date of protected development right. A protected development right shall be deemed established with respect to a property on the effective date of City Council approval of a protected development right plan.

   (D)   Duration of protected development right. The duration of the protected development right shall be three years for a non-phased development and five years for a phased development, with a single two year extension permitted at the discretion of the City Council in either event.

   (E)   Modification of development plan expiration dates. A development plan that has been designated a protected development right plan shall expire upon termination of the protected development right. If a building permit has been issued before the date of termination of a protected development right, the protected development right remains valid until the building permit expires, but in no event for longer than one year.

   (F)   Conditions or variance. A protected development right plan approved with conditions, or stipulation that a variance be obtained, does not confer a protected development right until the conditions are met or the necessary variance is obtained.

   (G)   Health and welfare exception. The protected development right shall not be applicable to matters of health and welfare, as set forth by either the United States Environmental Protection Agency or the Arizona Department of Environmental Quality/Department of Health Services.

(Ord. O2010-32, passed 7-7-2010)

   (A)   Filing of plan of develop. The owners or their agents shall file with the Planning Director a plan of development to be approved by the City Council upon review and report by the Planning Commission. The plan of development shall include a site plan illustrating the proposed size and location of all buildings and structures, parking areas, landscaped areas and traffic circulation, street improvement, water, sewer and drainage plans and a schedule of development. A market feasibility study, landscaping plans and architectural elevations may be required if necessary to ensure that the purpose of the PSC Zoning District will be accomplished.

   (B)   Filing fee. A nonreturnable filing fee in accordance with the fee schedule adopted by City Ordinance No. 1943, and successors, shall be required for review of a plan of development.

   (C)   Recommendations of Planning Commission. The recommendations of the Planning Commission shall include the reasons for approval or disapproval of the plan of development, and if recommended for approval, evidence demonstrating the following specific purposes of the PSC Zoning District will be accomplished:

      (1)   The completed project will function as an inter-related and coordinated whole such successfully provides interplay among individual commercial establishments and separation of vehicular and pedestrian circulation;

      (2)   Adequate and safe ingress and egress, internal traffic circulation and off-street parking will be provided;

      (3)   There will be adequate landscaping or screening, architectural unity, sign control and drainage facilities to preserve and protect surrounding residential areas and general community character; and

      (4)   Construction of the project will commence, and the entire project will be completed within a reasonable period of time.

   (D)   Approved plan of development. An approved plan of development shall be binding upon the property owner, his or her agents, their successors or assignees. No building permit shall be issued for any building or structure not in accord with the plan of development. The construction, location, use or operation of all land and structures within the site shall conform to all conditions and limitations set forth in the plan of development. No structure, use or other element of an approved plan of the development shall be eliminated, altered or provided in another manner unless an amendment is approved. Amendments shall be processed in the same manner as the initial plan of development for a shopping center.

('80 Code, App. A, § 100) (Ord. 583, passed 9-16-1952; Ord. 1627, passed 7-6-1977; Ord. 1939, passed 6-18-1980; Ord. 2687, passed 1-4-1995)

   (E)   Time limit. In the event that a plan of development is not submitted within two years from the effective date of the ordinance establishing the PSC Zoning District on a specific property, or construction of a shopping center does not commence within one year of final approval of a plan of development, the property shall revert to its former zoning district classification without further action. In such event county zoning classification existing prior to establishment of the PSC Zoning District, the property shall revert to the Residence “A” Zoning District. The Planning Commission may, upon request and for good cause, extend time limits prescribed herein for successive periods of up to six months.

('80 Code, App. A, § 100) (Ord. 583, passed 9-16-1952; Ord. 1627, passed 7-6-1977; Ord. 2687, passed 1-4-1995; Ord. O2010-32, passed 7-7-2010)

   (A)   Submittal and approval. The project design plan, for any project within an Aesthetic Overlay District, shall be submitted and approved by the Zoning Administrator prior to the issuance of any construction or development permits.

   (C)   Project design plan. The following minimum information shall be provided on all project design plans:

      (1)   Location map. Including area within one-half mile of the subject lot including adjacent zoning districts, with north arrow indicator;

      (2)   Proposed project design plan. Location, identification and dimension of the following existing and proposed data, to a distance of 100 feet outside the subject lot unless otherwise stated to include the following:

         (a)   Topographic contours, at a minimum interval of one foot vertical to two feet horizontal (existing and proposed);

         (b)   Property lines (existing and proposed), with dimensions and north arrow indicator;

         (c)   Buildings and structures:

            1.   Use and square footage of each building;

            2.   Horizontal dimensions;

            3.   Building elevations;

            4.   Indicate required front, side, rear and street yard setbacks; and

            5.   Location, height and material of all existing and proposed walls or fences.

         (d)   Streets, alleys, driveways, paths, bikeways and rights-of-way;

         (e)   Easements, stating dimension and nature (both existing and proposed, aboveground and underground);

         (f)   Walls and fences (existing and proposed), including height, location and material;

         (g)   Parking facilities, including bicycle racks:

            1.   Proposed driveways (showing points of ingress and egress), islands and planters; and

            2.   Calculations indicating number of spaces for each use as required by the zoning code.

         (h)   Lighting (exterior) showing location, type and height in accordance with the Aesthetic Overlay District, Aesthetic Overlay Design Guidelines and Article 18 of this chapter; and

         (i)   Conceptual landscaping plan, indicating general location and type of plantings.

   (D)   Plan sheet. An 11 inch by 17 inch reduction of each plan sheet if submittal information is not submitted digitally.

   (E)   Legend. A legend shall be included, indicating the following:

      (1)   Name of project/development;

      (2)   Location of project/development by street address;

      (3)   Name and mailing address of developer/owner;

      (4)   Name and mailing address of engineer/architect or agent;

      (5)   Date of plan preparation;

      (6)   North arrow indicator;

      (7)   Scale of not less than one-inch equals 40, 50, 60, 100 or 200 feet to the inch, as deemed appropriate for each application;

      (8)   Project summary, indicating the scope and nature of project (if applicable, the project design plan shall include information on how it is coordinated with the overall Master Plan for the development); and

      (9)   An inventory of the uses proposed, including floor areas for each use.

   (F)   Phasing plan. If the proposed project is to be constructed in phases, a phasing plan for subsequent phases shall be provided. The following minimum information shall be provided on all phasing plans:

      (1)   Legal description of all properties, gross acreage of the entire project, and gross acreage of each property;

      (2)   A phasing plan at an appropriate scale indicating:

         (a)   Locations of buildings and structures;

         (b)   Parking facilities;

         (c)   Vehicle, pedestrian and bicycle circulation;

         (d)   Locations of adjacent arterial and major collector streets; and

         (e)   Retention, open space and recreational areas.

      (3)   A table of the proposed uses including gross floor areas for each use; and

      (4)   Location and timing of phasing within the development.

('80 Code, App. A, § 113) (Ord. 583, passed 9-16-1952; Ord. 2663, passed 7-20-1994; Ord. O2008-31, passed 8-6-2008; Ord. O2009-54, passed 10-21-2009; Ord. O2010-32, passed 7-7-2010; Ord. O2025-051, passed 12-17-2025)

   (A)   An application for designating a building, structure, area or object as an historic site shall be filed with the Community Development Department.

   (B)   Within 90 days of the date of filing of the application, the Commission shall hold a public hearing and render a decision on the application, unless an extension of time is authorized in writing by both the Commission and the applicant. Notice of the time and place of the hearing, including a general explanation of the application and a description of the building, structure or object or the area sought to be included within the district, shall be given by the Zoning Administrator at least 15 days before the hearing. Said notice shall include the time and place of a second public hearing, to be held within a reasonable time thereafter, by the Planning and Zoning Commission pursuant to requirements for amending the zoning map.

      (1)   The notice shall be published at least once in a newspaper of general circulation, published or circulated within the city; or, if there is none, upon an application for designation of an historic district by posting notice in at least ten places within the area to be included in the district and, upon either application, in at least ten public places other than at the building, structure or object within the area.

      (2)   Notice of hearing on the application for designation of an area as an historic district shall be mailed to the owner of each parcel of real property within the proposed district, and to all owners of property within 100 feet of the exterior boundaries of the proposed district, addressed to the owner in the name shown and at the address shown in the assessment parcel records of the County Assessor as of the date of filing the application. Failure of any property owner to receive said notice shall not invalidate the proceedings.

      (3)   Notice of hearing on the application for designation of a building, structure or object as an historic site shall be mailed to the owner of that building, structure or object and to all owners of property within a radius of 100 feet of the exterior boundaries of the subject property, addressed to the owner in the name shown and at the address shown in the assessment parcel records of the County Assessor as of the date of filing the application. Failure of any property owner to receive said notice shall not invalidate the proceedings.

      (4)   Additional notice may be required by the Commission under its rules.

   (C)   The Community Development Department shall provide administrative support for the Commission upon any application.

   (D)   (1)   The Commission’s decision shall be made at a public hearing to recommend one of the following:

         (a)   Adoption of an ordinance creating the historic site or district;

         (b)   A district of lesser size than sought by the application but within the boundaries described in the application; or

         (c)   Denial of the application.

      (2)   After its announcement, the decision shall be put in writing, with the reasons for the recommendation, and transmitted to the Planning and Zoning Commission for review/recommendation, and then forwarded to the Mayor and Council for the final decision.

   (E)   Written objection of the Commission’s decision may be filed with the City Clerk by any adult resident of the city within ten days following the date of the public hearing at which the decision was made. In the event written objection is so filed, a public hearing shall be held before the City Council prior to action being taken on the Commission’s recommendation, with notice of the hearing.

   (F)   An historic site or district shall be identified upon the official zoning map of the city with the symbol “H” immediately following the zoning district name; no modification of underlying zone or permitted use shall thereby be affected.

('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983; Ord. O2009-54, passed 10-21-2009; Ord. O2010-32, passed 7-7-2010)

   (A)   If a property owner desires to develop a parcel of land with a use that is not permitted within the airport noise and accident potential zone in which the property is located, the owner may file an application for a land use waiver in accordance with procedures established in § 154-03.03 of this chapter.

   (B)   Waivers may be granted after public hearings by the Planning Commission and City Council, and upon a specific finding by the Council that the purpose of the Airport District and the zoning ordinance is preserved.

   (C)   Applications shall be filed with the Planning Division, and shall be accompanied by a detailed site plan, a detailed description of the proposed uses and their relationship to adjacent property. Applications shall be submitted under one of the two following provisions.

      (1)   Submission of a test report.

         (a)   The test report to be prepared under the supervision of a registered engineer in Arizona in accordance with accepted day-night average sound level methodology of sound measurements. Such test report shall establish the Ldn level for the requested land use as permitted by this Airport District; or

         (b)   At the option of the applicant, the applicant shall provide an accurate survey map for the petitioned property and financial assurance in a form approved by the city. Said assurance being for the sole purpose to reimburse the city for the actual cost of hiring a registered engineer to conduct the test report.

      (2)   Submission of an application, report and plans. Submission of an application, report and plans which provide the following:

         (a)   A statement acknowledging and not challenging the noise level as indicated by the airport noise and accident potential zone map; and

         (b)   Documentation that the permitted uses within the specific noise zone and/or APZ Zone are not reasonable uses of the property because of one of the following conditions:

            1.   The permitted uses would have a detrimental effect upon adjacent property;

            2.   There are special circumstances applicable to the property including, but not limited to, size, shape, topography, adjacent development, street access, utilities and other development constraints; and

            3.   A land use waiver, shall not be granted if the conditions which created the detrimental effect upon adjacent property or the special circumstances were established by the property owner after the adoption of the Airport District.

   (D)   A land use waiver shall not be granted for residential uses within the APZ-1, APZ-2 and clear zones.

('80 Code, App. A, § 122) (Ord. 583, passed 9-16-1952; Ord. 1837, passed 6-20-1979; Ord. 2352, passed 3-18-1987; Ord. O2010-32, passed 7-7-2010)

   (A)   Classifications. For the purpose of this chapter, the city is hereby divided into zoning districts and overlay districts as follows:

      (1)   Rural and low density residential zoning districts:

         (a)   Agriculture District (AG);

         (b)   Suburban Ranch District (SR-1, 2, 3, 4);

         (c)   Residential Estate District (RE-12, 18, 35);

         (d)   Low Density Residential (R-1-6, 8, 12, 20, 40); and

         (e)   Low Density Single-Family Residential District (R-l-5).

      (2)   Multiple-family residential zoning districts:

         (a)   Medium Density Residential District (R-2);

         (b)   Medium Density Single-Family Residential District (R-2-5); and

         (c)   High Density Residential District (R-3).

      (3)   Manufactured housing and recreational vehicle zoning districts:

         (a)   Manufactured Housing Subdivision District (MHS);

         (b)   Recreational Vehicle Subdivision District (RVS);

         (c)   Manufactured Housing Park District (MHP); and

         (d)   Residence-Manufactured Housing District (R-MH-6, 8, 10, 12, 20).

      (4)   Commercial zoning districts:

         (a)   Transitional District (TR);

         (b)   Planned Shopping Center District (PSC);

         (c)   Limited Commercial District (B-1);

         (d)   General Commercial District (B-2); and

         (e)   Business Park District (BP).

      (5)   Industrial zoning districts:

         (a)   Industrial Park District (I-P);

         (b)   Light Industrial District (L-I); and

         (c)   Heavy Industrial District (H-I).

      (6)   Old Town District (OT);

      (7)   Historic Park District (HP);

      (8)   Military Reservation District (MR);

      (9)   Recreation and Open Space District (RO); and

      (10)   Overlay zoning districts:

         (a)   Aesthetic (AO);

         (b)   AutoCenter (ACO);

         (c)   Bed and Breakfast (BB);

         (d)   Historic (H);

         (e)   Airport District (AD);

         (f)   Public (P);

         (g)   Planned Unit Development (PUD); and

         (h)   Smart Growth Overlay (SGO).

   (B)   Specific plans.

      (1)   Generally. The city has adopted the following specific plans.

      (2)   Cielo Verde Specific Plan (CVSP). That certain document known as the Cielo Verde Specific Plan, three copies of which are on file in the office of the City Clerk, which document was made a public record by Resolution No. R2001-30 of the city, is hereby referred to, adopted and made a part hereof as if fully set out in this section; or as may be amended. See Appendix A: Cielo Verde Specific Plan.

(Ord. O2001-53, passed 6-20-2001; Ord. O2007-53, passed 10-3-2007; Ord. O2010-12, passed 2-3-2010; Ord. O2010-32, passed 7-7-2010; Ord. O2010-45, passed 9-1-2010; Ord. O2010-46, passed 9-1-2010)

   (A)   Zoning map. The boundaries and areas of these districts are hereby established as indicated by means of lines, symbols and figures expressing distance in feet and otherwise on the zoning map dated September 2, 1952, signed by the Mayor and City Clerk, which accompanies this chapter and is hereby referred to, and adopted as the official zoning map of the City of Yuma, Arizona and ordered filed in the office of the City Clerk of said city.

   (B)   Indicated boundary lines. The indicated boundary lines are intended generally to follow existing property lines or as may be otherwise indicated on the zoning map. A boundary shown on the zoning map which follows a street, alley, railroad line or other right-of-way shall be construed as following the centerline of the street or railroad right-of-way upon adoption of the zoning change. If subsequent to the establishment of the boundary, the centerline of the right-of-way is moved as a result of its widening or a minor re-alignment, the boundary shall be construed as being moved with the centerline only if the centerline is moved no more than 25 feet. If in conflict with prior or surrounding zoning changes, the Zoning Administrator would be the determining person.

(Ord. O2010-10, passed 2-3-2010)

   (C)   Determination of doubtful lines. In case of doubt or disagreement concerning the exact location of a district boundary line, the determination shall lie with the Board of Adjustment as herein provided in Article 3.

(Ord. O2010-32, passed 7-7-2010)

   (A)   The Planning and Zoning Commission shall make recommendations to the City Council for growth, development and beautification of the City in accordance with A.R.S. § 9-461 et seq. and with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the area of jurisdiction.

   (B)   The Planning and Zoning Commission may recommend approval of the General Plan as a whole, or by successive actions approve separate parts of the General Plan corresponding with functional divisions of subject matter, and from time to time, amend, extend or add to the General Plan. Before approval of the Plan or any part, amendment, extension or addition thereto the Planning and Zoning Commission shall hold public hearings in accordance with A.R.S. § 9-461 et seq.

   (C)   After approval of the General Plan, or any part thereof, the Planning and Zoning Commission shall submit the General Plan recommendations to the City Council for its consideration and adoption.

   (D)   Upon adoption of the General Plan, or any part thereof, by the City Council, the General Plan shall be the official guide to the Planning and Zoning Commission and to all City departments and agencies for development of the area of jurisdiction.

('80 Code, § 23-32) (Ord. 766, passed 1-20-1959; Ord. O2010-32, passed 7-7-2010; Ord. O2015-023, passed 4-15-2015)

   (A)   Zoning classification.

      (1)   Areas annexed into the city shall, upon the date that said annexation becomes effective, be zoned to the most similar city zoning classification which permits densities and uses no greater than those permitted by the county immediately before annexation, provided that:

         (a)   The zoning district for the annexed area conforms to the land use designation for the area as identified in the General Plan;

         (b)   No subdivision, lot split or lot tie is pending or planned for the area;

         (c)   No change of use is pending or planned for the area;

         (d)   No establishment of a new use is pending or planned for the area; and

         (e)   No expansion of an existing use is pending or planned for the area, excepting therefrom a residential subdivision in its entirety.

      (2)   The city zoning classification for areas annexed into the city shall, for those areas conforming to all the criteria specified in divisions (A)(1)(a) through (A)(1)(e) above, be designated in the ordinance annexing the area.

      (3)   All other areas annexed to the city not meeting the criteria specified in divisions (A)(1)(a) through (A)(1)(e) above shall, upon the date that said annexation becomes effective, be zoned Agriculture District (AG). These areas shall be rezoned in accordance with the process and procedures as specified in A.R.S. § 9-462 pursuant to city ordinances. The rezoning of such areas may be conditioned upon the provision of adequate rights-of-way, avigation easements, median disclosure statements, deposits in lieu of construction for public improvements or other conditions related to the impact of the development of the area upon public services or facilities.

      (4)   Should the property owner enter into a development agreement with the city and that agreement adequately addresses the aforementioned impact of development issues, the annexed area may be then zoned as provided for in division (A)(1) above.

      (5)   The rezoning application fee will be waived for a period of six months following the effective date of annexation for annexed areas that are rezoned in accordance with division (A)(3) above.

   (B)   Building permits.

      (1)   County building permits issued for structures not completed and in areas that are annexed will be transferred to the Division of Building Safety. An inspection shall be made of the construction progress and a record started at the effective date of annexation. Further inspections shall conform to the building plans for which the permit was issued by the county.

      (2)   County building permits issued in the annexed areas shall become null and void if the building or work authorized by such permit is not commenced within 60 days of the effective date of annexation.

   (C)   Nonconforming uses.

      (1)   Any use or activity conducted contrary to county zoning regulations at the effective date of annexation and not constituting a nonconforming use under the county zoning regulations shall not be considered a continuance thereof shall constitute a violation of this chapter.

      (2)   Any use, activity or structure, that is existing at the effective date of annexation under a county permit with a time limit imposed, shall not be a nonconforming use hereunder, but may continue for the extent of the time limit.

('80 Code, App. A, § 20) (Ord. 583, passed 9-16-1952; Ord. 1730, passed 4-19-1983; Ord. 2235, passed 11-20-1984; Ord. O95-040, passed 9-5-1995; Ord. O2000-35, passed 6-21-2000; Ord. O2000-52, passed 8-2-2000; Ord. O2001-48, passed 6-6-2001; Ord. O2001-53, passed 6-20-2001; Ord. O2010-32, passed 7-7-2010)

   (A)   Purpose. The principal purpose of this zoning district is to conserve and protect farms and other open land uses, foster orderly growth in rural and outlying areas, and prevent urban and agricultural land use conflicts. The primary purpose of requiring large minimum lots is to discourage small lot or residential subdivisions where public facilities such as water, sewage disposal, schools, parks and playgrounds, and governmental services such as police and fire protection or trash collection are not available or could not reasonably be made available in the immediate future.

('80 Code, App. A, § 50) (Ord. 583, passed 9-16-1952)

   (B)   Permitted principal uses.

      (1)   One single-family dwelling unit on any lot or parcel;

      (2)   Aviaries, earthworm farms and apiaries; providing buildings, pens or hives are not closer than 200 feet from any property line;

      (3)   Commercial breeding, raising and feeding of horses, cattle, sheep, swine or goats; provided that pens, buildings, corrals and yards, excluding open pastures, are not closer than 200 feet to any property line;

      (4)   Corrals for keeping of horses;

      (5)   Dairies, poultry, bird and egg farms; provided that pens, buildings and enclosures are not closer than 200 feet to any property line;

      (6)   Grazing and harvesting of field, tree or bush crops including flowers;

      (7)   Hydroponic nurseries and greenhouses only for the propagation, cultivation and wholesale distribution of plants produced on the premises;

      (8)   Public riding stables, private riding academies and boarding stables, provided the building housing animals are set back from all lot lines a distance of not less than 200 feet;

      (9)   Public utility buildings and facilities, when necessary for service to the surrounding territory; provided that no public business offices and no repair or storage facilities are maintained therein;

      (10)   Self-storage facilities shall be permitted for the keeping of household items or personal belongings, and for the purposes of dead storage, but in no event shall self-storage facilities be used for retail sales business conducted on the premises, nor as a distribution point for products or materials. Such self-storage facilities as permitted herein shall be subject to the following development standards which shall be in addition to the development standards specified by this subchapter:

         (a)   The minimum required site area shall be two acres;

         (b)   All storage shall be within an enclosed building;

         (c)   No activity shall occur other than the loading or unloading of household or personal belongings and for the purposes of dead storage, as specified herein and such activity shall be screened from adjoining property by a minimum six foot high solid wall or fence;

         (d)   All parking and loading/unloading areas within the site shall be paved in the manner specified by Article 16 of this chapter;

         (e)   Parking/access drives shall be a minimum width of 24 feet, except where access is provided to cubicles on both sides of parking/access drives, in which case a minimum width of 32 feet shall be required. Only direct outdoor access shall be provided to individual storage cubicles;

         (f)   Any outdoor lighting as may be provided shall not cast any shadow or glare upon adjoining streets or property;

         (g)   In no event shall any access, other than for emergency purposes only, be provided through any residential neighborhood or residential zoning district; and

         (h)   No toxic, hazardous or flammable materials shall be stored within such self storage facilities, as permitted by this subchapter.

      (11)   Child day care services, small;

      (12)   Residential care home;

      (13)   Community garden; and

      (14)   New construction company housing complex (large); per § 154-15.19 of this chapter;

         (a)   Requires a minimum parcel size of 20 acres.

('80 Code, App. A, § 50) (Ord. 583, passed 9-16-1952; Ord. 2232, passed 10-1-1984; Ord. 2687, passed 1-4-1995; Ord. O2015-021, passed 4-15-2015; Ord. O2019-022, passed 6-5-2019; Ord. O2023-036, passed 11-15-2023)

   (C)   Permitted accessory uses.

      (1)   Accessory uses of buildings or structures customarily incident to any use permitted by this subchapter such as servant quarters, private garages, as hereinafter provided, or private work shops; provided that none shall be conducted for gain or that no accessory building shall be inhabited by any one other than those employed by the owner or tenant of the premises;

      (2)   Home occupations;

      (3)   Roadside stands offering for sale only farm products produced on the premises;

      (4)   Wall-mounted and concealed/disguised personal wireless communication facilities, in accordance with Article 19 herein, are permitted as an accessory use for legally established nonresidential uses only.

         (a)   Wall strapping of a personal wireless communications facility is not permitted.

         (b)   Personal wireless communication facilities are not permitted in conjunction with legal nonconforming uses.

      (5)   Accessory dwelling units.

('80 Code, App. A, § 50) (Ord. 583, passed 9-16-1952; Ord. 1564, passed 12-1-1976; Ord. 1568, passed 12-15-1976; Ord. O2000-35, passed 6-21-2000; Ord. O2002-09, passed 2-20-2002; Ord. O2017-013, passed 5-3-2017)

   (D)   Conditional uses. Any of the following uses may be established or operated as a conditional use upon application and submittal of a site plan to and approval thereof by the Planning Commission in accordance with § 154-03.05(G)(2):

      (1)   Animal husbandry services, including veterinarian, animal hospital, kennels and poultry hatchery services;

      (2)   Buildings or permanent structures for agricultural processing, including cotton ginning and compressing, grist milling services, corn shelling, packing services and other similar uses;

      (3)   Cemetery, crematory or mausoleum;

      (4)   Chemical and fertilizer storage and transfer facilities;

      (5)   Development or extraction of earth products, sand, rock, soil and gravel;

      (6)   Hospitals and institutions of an educational, religious, charitable or philanthropic nature, homes for the aged, nursing homes and convalescent homes;

      (7)   Plant nurseries, where plants are grown on or brought to the premises and maintained there for the purpose of retail sales from said premises. Such other additional products shall be permitted to be sold from the premises as are customarily incidental to the operation of a plant nursery;

      (8)   Private clubs and fraternal organizations, excluding such uses for which the chief activity is a service customarily conducted as a business;