Yuma City Zoning Code

Each use proposed within a zone district, whether by right, conditional use, or otherwise, will have actual and potential effects on the site, surrounding area, and the City. The degree of effect depends in large part on the type of use proposed and its location. This chapter, therefore, lists certain regulations which it may be necessary to address, depending upon the use proposed.

(Ord. 4-1995 § 2, 1995)

In the event that a special regulation is denoted on the schedule of permitted uses, the applicant shall, with the assistance of City staff, address all applicable regulations for the proposal and submit such information along with other required material in conformance with the application requirements attendant to the provisions of the use procedure being pursued.

(Ord. 4-1995 § 2, 1995)

Accessory buildings or uses include, but are not limited to, the following:

Garages, automobile parking.

Greenhouses.

Home occupations.

Household pets.

Private swimming pools.

Satellite dishes.

Storage sheds.

Trailers, campers, motor homes, boats, snow vehicles, and other similar recreational vehicles stored in rear yard.

No accessory buildings intended for agricultural use shall be allowed in R-1, R-2, R-3 and MH.

(Ord. 4-1995 § 2, 1995; Ord. 4-2003 § 5, 2003)

In order to fairly regulate home occupations, the following requirements are established:

A.

Application and approval required. Home occupations commencing after the adoption of this title must file an application for said home occupation with the City Council. The City Council shall approve, approve with conditions, or deny an application for home occupation, after a duly noticed public hearing. At least ten days prior to the hearing, notices of the hearing shall be sent to all property owners whose property is within 100 feet of the proposed home occupation and shall be published in a newspaper of general circulation within Yuma. Upon conclusion of the hearing, the City Council shall issue a decision in writing. If approved by the City Council, the applicant shall receive a one-year permit. The permit must be reviewed by the City Manager and renewed annually, subject to the payment renewal fee.

B.

Conditions. A home occupation shall be allowed as an accessory use, provided that all of the following conditions are met:

1.

Such use shall be conducted entirely within a dwelling or structure;

2.

Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof;

3.

The total area used for such purposes shall not exceed 50 percent of the first floor area of the user's dwelling unit;

4.

There shall be no signs associated with the home occupation on the premises;

5.

There shall be no exterior storage on the premises of material used in the home occupation nor of any highly explosive or combustible material;

6.

There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line;

7.

A home occupation, including studios or rooms for instruction, shall provide additional off street parking adequate to accommodate the needs created by the home occupation subject to approval of the City;

8.

The operation shall have no more than one employee or regular assistant who does not use the dwelling unit as their principal residence;

9.

A home occupation shall be required to have a home occupation permit from the City and shall pay commercial utility rates; and

10.

There shall be no retailing or wholesaling of merchandise, supplies or products conducted on or adjacent to the premises.

C.

Home occupations not permitted. Home occupations do not include the following list:

Animal hospital.

Clinic.

Marijuana cultivation facilities.

Marijuana product manufacturing facilities.

Marijuana testing facilities.

Medical marijuana dispensary/medical marijuana center.

Medical marijuana infused products manufacturing business.

Medical marijuana optional premises cultivation operation business.

Nursing home.

Restaurant.

Retail marijuana stores.

For the purposes of this Code, any business located in a residential structure, existing in a nonconforming use on a nonresidential lot shall be considered a home occupancy.

D.

Exceptions. Family childcare homes and daycare centers may be deemed home occupations for the purposes of this section. However, provided that licensed family childcare homes and daycare centers are in compliance with all state regulations pertaining to said entity, they will be exempt from the language contained in this section.

(Ord. 4-1995 § 2, 1995; Ord. 17-1996 § 2, 1996; Ord. 7-1997 §§ 4, 5, 1997; Ord. 1-2001 § 5, 2001; Ord. 11-2010, 2010; Ord. 1-2013, 2013; Ord. 20-2018, 2018; Ord. 2-2019, 2019)

Pets, such as dogs and cats but not livestock, which are generally kept within a dwelling, shall be considered as a permitted accessory use, provided not more than three animals (more than four months old) are kept in any one dwelling.

(Ord. 4-1995 § 2, 1995)

A.

Residential zoning districts. Ground mounted satellite dish antennas up to 12 feet in diameter may be permitted subject to the following criteria:

1.

All installations must comply with all accessory use, yard, height, bulk, and setback requirements specified within the district.

2.

All installations shall employ (to the extent possible) materials and colors that blend with the surroundings.

3.

All installations shall be located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.

4.

All satellite dishes larger than four feet in diameter must have a building permit. All provisions of the Building Code, as may pertain to satellite dishes, shall be met.

5.

Satellite dishes four feet and over in diameter will be treated as an accessory building.

Roof mounted satellite dishes four feet in diameter or less may be permitted. Larger roof mounted satellite dishes may be permitted in an R-3 Zone as part of the conditional use provision for uses permitted in an R-3 Zone as a conditional use, such as hospitals and nursing homes.

B.

Commercial or industrial zoning districts. Ground mounted or roof mounted satellite dish antennas up to 12 feet in diameter may be permitted subject to the following criteria:

1.

All primary use installations or accessory use installations that abut land zoned for residential purposes shall comply with the principal setback requirements specified within the underlying district. All accessory use installations not abutting residentially zoned land shall comply with the district's accessory use setbacks.

2.

All installations shall comply with the maximum height restrictions imposed on primary uses for primary use installations, and accessory uses for accessory use installations.

3.

All installations shall be located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.

4.

All satellite development must have a building permit. All provisions of the Building Code, as may pertain to satellite dishes, shall be met.

(Ord. 4-1995 § 2, 1995; Ord. 7-1997 § 6, 1997)

A.

Construction requirements. Each radio or television tower which is 20 feet or more above the ground including antenna hereinafter constructed, erected, enlarged or altered shall meet the following requirements:

1.

All towers must have a building permit and shall be accompanied by plans which are sufficient to determine compliance with the construction requirements herein.

2.

FCC licensed commercial and amateur radio communication towers, including antenna, shall not exceed the maximum height of 75 feet. This shall not apply to 911 emergency communication towers and antenna which may exceed 75 feet.

3.

Residential towers including antenna shall not exceed the maximum height of 35 feet, except for amateur radio antennas and supporting towers erected in conformity to the Building Code to heights reasonably needed for a licensed amateur's reasonable uses subject to the federal preemption of the Federal Communications Commission.

4.

Every tower and guywire must be adequately grounded for protection against a direct strike of lightning with a ground wire as specified in the Electrical Code.

5.

In no case shall a tower of 20 feet in height or more be installed nearer to a street or sidewalk than the height of the tower including antenna, unless said tower is certified by a licensed engineer that is structurally sound in excess of local structural loads for snow, wind and other elements, and will not pose a risk to surrounding buildings, streets, alleys and sidewalks.

6.

No wires, cables or guywires shall cross or extend over any part of a public street or sidewalk.

B.

Exceptions. The City Council may provide exceptions to this section for towers in excess of 75 feet by approving a conditional use as provided in chapters 17.04 and 17.05 of this title.

(Ord. 4-1995 § 2, 1995; Ord. 10-2004 § 1, 2004; Ord. 3-2005 §§ 2, 3, 2005; Ord. 2-2019, 2019)

Swimming pools may be permitted in any district as an accessory use subject to the following additional requirements:

A.

No public or private pool may be located in any required front or side yard abutting a street.

B.

Every pool must be completely surrounded by a fence or wall not less than six feet in height, with no openings large enough to permit children to pass through other than self-closing, self-latching gates or doors which can protect against entry. Such doors or gates shall be closed at all times when not in actual use.

(Ord. 4-1995 § 2, 1995)

A.

All regulations as set forth in title 10, chapter 10.10 of this Code shall apply in all trailer parks.

B.

The applicant for a trailer park shall submit formal park plans for consideration to the City Council, no less than 15 days prior to the public hearing scheduled to be held by the City Council for the conditional use.

C.

The City Council may approve the conditional use if the following criteria are met:

1.

Any fencing must meet the requirements of this Code or as imposed by the City Council;

2.

The existence of adequate entrances and exits to the trailer park;

3.

Adequate lighting for the trailer park, including lighted entrance and exit signs;

4.

Dedication of certain lots to be for pull through parking only;

5.

Establishment of right-of-way and utility easements necessary to provide the City with adequate means to provide access and utility service to the trailer park;

6.

Compliance with title 10, chapter 10.10 of this Code.

D.

The City Council shall, prior to any hearing regarding approval of a conditional use for a trailer park, forward the application and plans for the trailer park to the Yuma Fire Department and Yuma Police Department, requesting their input and recommendations regarding matters of public health, safety and welfare. Representatives of the Yuma Fire Department and Yuma Police Department may be heard during the public hearing regarding said conditional use.

E.

The following regulations shall apply in all Residential Districts to the storage, parking, and use of self-contained trailers, campers, motor homes, recreational vehicles, boats, snow vehicles, and other similar recreational vehicles:

1.

Such equipment shall not be stored or parked closer than 24 inches to any proposed or existing public sidewalk on privately owned property.

2.

On corner lots, any such vehicular equipment shall not be placed in the 50-foot line of sight on streets and avenues nor in the 20-foot line of sight on the alleys.

3.

Such equipment shall not be used for living or housekeeping purposes except when located in an approved trailer park or in a campground providing adequate sanitation facilities, or on a temporary basis not to exceed seven days.

4.

No business shall be conducted within any such equipment in a Residential District.

(Ord. 4-1995 § 2, 1995; Ord. 7-1997 § 7, 1997; Ord. 21-2006 § 2, 2006; Ord. 2-2019, 2019)

A.

Statement of intent. The intent of this section is to provide for accessory dwelling units while protecting the public health, safety and welfare through reasonable limitations on size, occupancy, density and parking associated with such uses.

B.

General provisions. Accessory dwelling units shall be permitted as an accessory use in conjunction with all single-family detached dwellings in all zoning districts which permit single-family dwelling units as a permitted use, subject to the following conditions:

1.

Compliance with development standards and building codes. Every accessory dwelling unit shall meet the same development standards applicable to the principal dwelling unit. In addition, every accessory dwelling unit shall meet all applicable municipal codes, building codes, residential codes, fire codes and property maintenance codes. The application of these codes may render some property ineligible for accessory dwelling unit approval.

2.

Parking. Each accessory dwelling unit is required to have one off-street parking space dedicated to the accessory dwelling unit to be located on the property with the accessory dwelling unit. Off-street parking for the accessory dwelling unit may not be shared with the principal dwelling unit and shall be located as to be adjoining the ADU and not the front of the property. The parking spaces shall be maintained at all times and kept free of weeds and brush if not paved.

3.

Accessory dwelling unit size and configuration. Except as modified in subsection (4) below, the living space of the accessory dwelling unit shall be no larger than the living space of the principal dwelling unit on the subject lot or parcel and shall not in any event exceed 850 square feet. No accessory dwelling unit shall be less than 250 square feet, and all accessory dwelling units shall be designed and configured as either studio, one-bedroom or two-bedroom units. Square footage calculations, as contained herein, exclude any related garage, porch or similar area.

4.

Dimensional requirements. Detached accessory dwelling units shall be subject to the dimensional requirements in section 17.04.403 as applied to accessory buildings.

5.

Unit size exception. The limitations of subsection (3) above shall not apply to accessory dwelling units located within the footprint of an existing home as long as the living space of the accessory dwelling unit is not larger than 50 percent of the entire principal dwelling unit, including the basement. For example, if a principal dwelling unit has 1,000 square feet of living space within the basement, an accessory dwelling unit could be established in the basement space if the principal dwelling also contains at least 1,000 square feet of living space excluding the basement space.

6.

Number of accessory dwelling units per lot or parcel. Only one accessory dwelling unit shall be allowed for each lot or parcel.

7.

Existing development on lot. Certificate of occupancy required. A single-family dwelling shall exist as the principal use on the lot or parcel or shall be constructed in conjunction with the accessory dwelling unit. A certificate of occupancy for an accessory dwelling unit will only be granted after a certificate of occupancy has been granted to the principal dwelling unit on the lot or parcel.

8.

Ownership and occupancy. An accessory dwelling unit may not be condominiumized and/or sold separately from the principal building to which it is accessory.

9.

Legal nonconformity. Nothing herein shall be construed to render lawful any dwelling unit in use which, at the time of its establishment, was not lawful. Nothing herein shall require adherence to the requirements of this section as applied to any dwelling unit which, at the time of its establishment, was lawful, unless such dwelling unit is proposed for expansion, modification or use different than that taking place at the time of the adoption of this section.

10.

Utility service requirements. With the exception of telephone, television, electrical and internet service, accessory dwelling units must be served through the utility services of the principal dwelling unit and shall not have separate services.

11.

Prohibited accessory dwelling units. Mobile homes, travel trailers and recreational vehicles shall be prohibited for use as an accessory dwelling unit. The prohibition may not be waived or modified.

12.

Inference of accessory dwelling unit.

a.

The City may infer the creation of an accessory dwelling unit in a primary structure and require compliance with this section if actions indicate the intent to creation an independent dwelling unit or other similar arrangement for a separate dwelling unit by the presence of any of the following:

(1)

The existence of a separate exterior entrance to separate living space;

(2)

The ability or practice of blocking access to the separate living space from the remainder of primary structure or vice versa;

(3)

The existence of secondary cooking facilities; and/or

(4)

A separate living space which could be used for sleeping, either sanitary or cooking facilities, or both.

b.

The City may infer the creation of an accessory dwelling unit in an accessory detached structure and require compliance with this section if actions indicate the intent to creation an independent dwelling unit or other similar arrangement for a separate dwelling unit by the presence of any of a living space which could be used for sleeping, either sanitary or cooking facilities, or both.

13.

Design-related limitations, provisions. Each accessory dwelling unit proposed for any location shall be approved in the form of a site plan, which shall, in addition to any other required contents, contain the following:

a.

Design standards.

(1)

All necessary appliances for human occupation. All appliances must be located in the interior of the accessory dwelling unit.

(2)

No accessory dwelling unit shall contain more than two bedrooms.

(3)

The design of the accessory dwelling unit shall be compatible with the design of the principal dwelling unit by use of similar style, exterior wall materials, window types, door and window trims, roofing materials and roof pitch and colors.

b.

Outdoor areas. The site plan shall provide accessible outdoor space and landscaping for both the accessory dwelling unit and the principal dwelling unit.

14.

Home occupations. Home occupations may take place within any accessory dwelling unit approved or lawful pursuant to this section. However, home occupations taking place in any accessory dwelling unit shall comply with the requirements of section 17.06.603.1.

15.

Recorded declaration of restrictions required. As a of any building permit issued for or within an accessory dwelling unit, the property owner shall record a declaration of restrictions with the clerk and recorder of the county in which the property is located. Such declaration of restrictions shall be in the form approved and maintained by the City Manager, and shall state that:

a.

The declarant shall reside on the property and such property shall be the primary and permanent dwelling place of the declarant, excluding temporary absences and temporary stays elsewhere, and said property shall be the declarant's place of legal residence at the time an application is submitted.

b.

Ownership of the accessory dwelling unit shall not be transferred separately from the principal dwelling unit, nor shall the lot or parcel upon which the accessory dwelling unit is situated be subdivided.

c.

The accessory dwelling unit shall be restricted to the approved size and shall not be expanded. Any modification of the approved accessory dwelling unit site plan shall first be approved by the City.

d.

The certificate of occupancy for the accessory dwelling unit shall be in effect only so long as a principal dwelling remains on the property.

e.

The above restrictions are binding upon any successor in ownership of the property.

f.

Noncompliance with the declaration of restrictions may subject both the owner of the property and any accessory dwelling unit occupants to criminal prosecution and civil remedies, including, but not limited to, injunctive relief. The owner of the property shall be liable for all City expenses associated with civil remedies sought by the City in association with the declaration of restrictions. The failure of the City to pursue civil or criminal remedies shall not be deemed a waiver of any violations or noncompliance.

g.

The declaration of restrictions shall lapse upon removal of the accessory dwelling unit. To affect this intent, and upon verification of such removal, the City shall execute documentation confirming release of the deed restriction. The property owner shall record the City-executed documentation releasing the declaration of restrictions. The property owner shall pay all required recording fees and shall provide satisfactory written evidence that such recording was successfully completed.

h.

The declaration of restrictions shall be perpetual and constitute covenants running with the land. The declaration of restrictions shall be binding upon the property owner, and the heirs, successors and assigns of the property owner and all persons claiming under them.

i.

Neither the declaration of restrictions, nor any of the specifics set forth or incorporated therein, shall be amended, terminated or modified in any way without the written consent of the City, filed with the Clerk and Recorder of the County in which the property is located.

(Ord. No. 14-2025, § 3, 12-2-2025)

In order to minimize the adverse effects that the operation of an adult business may have on a neighborhood or area in which it is located, the following regulations are established. Adult businesses may be permitted only in the I-2 Zone, subject to the following conditions:

A.

No such business shall be located within 500 feet of the nearest point of a lot on which is located a religious and/or educational institution, a public park or recreation facility;

B.

No such business shall be located within 500 feet of any lot on which another adult business is located;

C.

No such business shall be located within 500 feet of any state highway.

For the purpose of this title, "adult business" shall be a commercial establishment having as a principal activity an adult business. "Principal activity" is a use accounting for 20 percent or more of a business's stock in trade, display space, floor space or movie display time per month for adult activities characterized by an emphasis on matter depicting, describing or relating to the following exposed bodily parts: buttocks, genitals, pubic area or female breasts.

(Ord. 4-1995 § 2, 1995)

In order to minimize adverse effects that arcades and electronic games may have on the neighborhood or area in which it is located, the following regulations are established. Arcades may be permitted only in the C-1, C-2, I-1 and I-2 zones, subject to the following conditions:

A.

No arcade shall be permitted within 500 feet of the nearest point of a lot on which is located a religious and/or educational institution, a public park or recreation facility;

B.

Adult supervision (18 years or older) shall be provided on the premises during all hours of operation and shall be stationed so as to have direct visibility over all machines;

C.

A minimum of one bicycle parking stall per video game machine shall be provided within 25 feet of the arcade in a safe, convenient location with bicycle racks to accommodate said bicycles;

D.

All gambling on site is prohibited;

E.

The operation of machines shall be permitted in all commercial zones provided their operation is accessory to the use of the building and said use does not materially alter the principal use of the structure.

(Ord. 4-1995 § 2, 1995; Ord. 7-1997 § 15, 1997)

The R-3 district is comprised of residential areas which allow mobile homes and is further divided into the following:

A.

Mobile homes on platted lots. Residential development where primarily mobile homes placed on individual lots create a low density, quiet, single-family environment.

(Ord. 4-1995 § 2, 1995)

A.

Existing mobile home parks. All existing mobile home parks located within the City at the time of adoption of this title, regardless of the zone district in which they are located, shall comply with the requirements and regulations of the following sections and shall be exempt from compliance with the remaining provisions:

1.

Section 17.06.606.2, "Mobile Home Requirements And Construction Standards," of this chapter;

2.

Section 17.06.606.3, "Mobile Home Park Permit Procedures," of this chapter;

3.

Section 17.06.606.4, "Mobile Home Park Requirements," of this chapter;

4.

Section 17.06.606.5, "Responsibilities Of Mobile Home Park Owner," of this chapter.

B.

Future mobile home parks. Applicants to establish a mobile home park within the boundaries of the City on or after the date of adoption of this title shall comply with all rules, regulations, and requirements set forth herein.

C.

Existing mobile homes on individual platted lots. All existing mobile homes on platted lots within the boundaries of the City at the time of adoption of this title, regardless of the zone district in which they are located, shall comply with the requirements and regulations of the following sections and shall be exempt from compliance with the remaining provisions:

1.

Section 17.06.606.2, "Mobile Home Requirements And Construction Standards," of this chapter;

2.

Section 17.06.606.5, "Responsibilities Of Mobile Home Park Owner," of this chapter.

D.

Future mobile homes on individual platted lots. All mobile homes established on individual lots within the boundaries of the City on or after the date of adoption of this title shall comply with the following sections:

1.

Section 17.06.606.2, "Mobile Home Requirements And Construction Standards," of this chapter;

2.

Section 17.06.606.5, "Responsibilities Of Mobile Home Park Owner," of this chapter;

3.

Section 17.04.403.1, "Residential Regulations," of this title (for the applicable zone district in which the mobile home is located).

(Ord. 4-1995 § 2, 1995)

A.

Every conventional structure shall be designed and constructed in accordance with the applicable provisions of the uniform building code, adopted by the City.

B.

Every mobile home in existing mobile home parks or on individually platted lots shall be designed and constructed in accordance with the provisions of federal and state construction and safety standards applicable at the time of construction.

C.

Each mobile home shall be properly and separately serviced with the necessary utilities and services to include: water supply, sewage disposal, electrical and/or gas supply.

D.

Permanent additions to the mobile home or freestanding structures built on the mobile home lot shall meet the applicable provisions of correct federal, state, and city codes, and a permit for such construction shall be obtained from the City.

E.

All mobile homes shall meet the following requirements for tie downs and anchors:

Each tie down component must be able to withstand a vertical load of 4,750 pounds without pullout, continuous creep, or ultimate mechanical failure. Anchors must be capable of withstanding a load of 5,700 pounds without failure. All expandable pullout additions to mobile homes shall be secured with tie downs and anchors.

F.

All mobile home stands shall provide adequate support for the placement of the mobile homes.

G.

All mobile home stands shall be provided with anchors and tie downs such as cast in place concrete "deadmen," eyelets embedded in concrete slabs or runways, screw augers, arrowhead anchors, or other devices to be used to stabilize the mobile home.

H.

Within 60 days of entering a park or moving into a platted lot, skirting shall be installed which completely encloses the space beneath the mobile home. Readily openable access panels or doors shall be installed to permit entrance for servicing utility connections. The skirting shall, at a minimum, be constructed of materials which are the same or similar in design, texture and color as the exterior material used in construction of the mobile home. The skirting shall not be permanently attached to the ground or used to anchor the mobile home to its pad.

I.

Any electrical repairs, alterations, or installation of equipment, conductors, connections, etc., within or on a mobile home or conventional building, shall be performed in accordance with the applicable provisions of the current national electrical code and current federal construction and safety standards.

J.

Any fuel gas line equipment repairs, alterations, or installations within a conventional building or a mobile home shall comply with the applicable portions of the current local, state and federal gas piping, oil piping, ventilation, and appliance standards.

K.

Any plumbing equipment repairs, alterations, or installations within or on a conventional building or a mobile home shall comply with the applicable provisions of the current Colorado state plumbing code, the currently adopted edition of the uniform building code, federal construction and safety standards and applicable regulations of the City.

(Ord. 4-1995 § 2, 1995)

A.

It shall be unlawful for any person to construct, install, establish, begin, or continue operation of a mobile home park within the City unless such person first has been granted a mobile home park permit from the City Council as hereinafter provided.

B.

All applications for a mobile home park permit shall include a mobile home park plan and shall set forth the following information unless the City Manager waives those requirements not applicable to an applicant for a mobile home park permit for an existing mobile home park.

1.

The location, legal description, area, and dimension of the tract of land to be occupied by the park.

2.

Entrances to and exits from the mobile home park.

3.

The number, location, and size of all mobile home spaces.

4.

The location and width of all roadways and sidewalks.

5.

The location of service buildings, recreational facilities, laundry facilities, storage facilities and paved off street parking.

6.

Location, widths and other dimensions of all easements.

7.

Provisions for stormwater drainage.

8.

Fencing, landscaping and screen planting.

9.

Lighting of roadways, driveways and pedestrian walks.

10.

The location, plans and specifications for any permanent structures.

11.

The name under which the mobile home park shall be known.

12.

The location and description of all utility services including water supply, sewage disposal, electrical and/or gas supply.

C.

All applications for a mobile home park permit or a permit for an expansion of an existing mobile home park shall be accompanied by a fee as determined by City Council. The mobile home park permit fee shall be required in addition to, and not in lieu of, other applicable fees for various subdivisions or rezoning applied for in conjunction with the permit.

D.

Upon receipt of a completed application for a mobile home park permit the administrative staff shall consult with any other agencies necessary to determine the conformity of the site of the proposed mobile home park with the requirements of this title, its compatibility with the surrounding neighborhood, and the conformity with the planned development and land uses of the area.

E.

Upon completion of the review by the City Manager, the application for the mobile home park permit shall be referred to the City Council which shall proceed to hold a public hearing after due public notice.

F.

A mobile home park permit may be granted by City Council upon finding:

1.

That the proposed location of the mobile home park is consistent with and further implements the purposes of the comprehensive master plan and design for development of the area.

2.

That the proposed location of the mobile home park would not be injurious to the general health, safety and welfare of the public.

3.

That the requirements of this section are provided for in the application for the mobile home park permit.

G.

Upon acceptance of the application and final approval being granted for the issuance of the mobile home park permit, the specifications and data contained in the application and plan shall be binding upon the owners, their heirs, successors and assigns, and changes of lot sizes, location of facilities, roadways, or any other matter designated in the application and plan may not be made without approval by the City Council.

(Ord. 4-1995 § 2, 1995; Ord. 20-2018, 2018; Ord. 2-2019, 2019)

A.

General requirements. Nothing in this chapter shall be construed to affect the requirements of the City for obtaining a building permit. It shall be necessary to provide two copies of a plan of the mobile home space to be built upon, drawn to scale, showing its shape and dimensions, and the shape, size, and location of the mobile home and other structures existing in the said space. The plan shall be of sufficient detail to enable the City Manager to ascertain whether the proposed construction, erection or emplacement is in uniformity with the ordinances of the City.

B.

Location. The mobile home park shall be located only within MH Zoning Districts. The park shall be such that it is compatible with adjacent and surrounding land uses and in conformance with the comprehensive master plan.

C.

Area. The minimum area of the mobile home park shall also be no less than two acres, shall have a minimum frontage of 280 feet, and shall be large enough to accommodate:

1.

The number of mobile home spaces designated on the application for a mobile home park permit.

2.

Necessary roadways and streets.

3.

Parking areas for motor vehicles.

4.

Service, utility and recreational areas.

D.

Space requirements.

1.

New mobile home parks.

a.

Minimum lot area shall be 4,000 square feet.

b.

Maximum height of all principal buildings and accessory buildings shall be set forth by section 17.04.403.1 of this title.

c.

"Minimum front yard setback of a mobile home" shall mean the commonly used front entry side of the mobile home. The minimum front yard setback of the mobile home shall be 20 feet from the front lot line.

d.

"Minimum rear yard setback of the mobile home" shall mean that portion of the yard opposite the front yard. Minimum rear yard setback for all structures shall be ten feet.

e.

Minimum side yard setback (all structures) from a street shall be ten feet and from an interior lot line shall be three feet.

f.

There shall be a minimum of ten feet between mobile homes.

g.

Minimum width of a mobile home site shall be 40 feet.

2.

Replacement units within existing mobile home parks.

a.

A replacement mobile home unit shall maintain the following setbacks pursuant to the National Fire Code:

(1)

Set back a minimum distance of ten feet from the side of a mobile home to the side of an adjoining mobile home unit and/or conventional structure.

(2)

Set back a minimum distance of ten feet from the end of a mobile home to the end of an adjoining mobile home.

(3)

Set back a minimum distance of ten feet from the side of a mobile home to the end of an adjoining mobile home.

(4)

Notwithstanding subsections D2a(1) through D2a(3) of this section, a minimum setback of five feet shall be maintained between the mobile home unit and the mobile home park property line.

b.

The City Manager or designee shall make an interpretation of the setback provisions as they apply to irregular lots and irregular configuration of mobile home units.

E.

Park street system.

1.

General requirements. All mobile home parks shall be provided with safe vehicular access from abutting public streets to each mobile home space. All streets shall meet the requirements of the City's engineering specifications. Street plans shall be submitted to the City prior to issuance of any building permits.

2.

Access. Access to mobile home parks shall be designed to minimize congestion and hazards at the entrance or exit and allow free movement of traffic on adjacent streets. Entrance and exit roadways shall connect the mobile home park streets with a public street.

3.

Internal streets. All streets within the park shall be built to the City's engineering specifications and shall include curb and gutter. No lot shall be laid out so as to permit direct access to any public street or highway. Street plans shall be submitted to and approved by the City prior to issuance of any building permits.

4.

Road signs. All construction and installation of road signs shall comply with the applicable requirements of the City.

F.

Walkways. All parks shall be provided with safe all season pedestrian access for intended use between individual mobile homes, the park streets, and all community facilities provided for park residents.

1.

All roadway sidewalks shall meet the City's engineering specifications.

2.

A common walk system shall be provided and maintained. Such common walks shall have a minimum width of three feet.

3.

All mobile home sites shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall be a minimum of two feet wide.

G.

Nonresidential uses. No part of any mobile home park shall be used for nonresidential purposes, except for common use facilities available to all park residents.

H.

Area lights. Streetlights shall be provided and maintained in such number and intensity as to ensure safe movement of vehicles and pedestrians at night. A light shall be located at each outside entrance of the service buildings and at all entrances and exits of the park.

I.

Mobile home park signs. Each mobile home park shall provide a sign at the main entrance thereto, to include the name of the park and the street address, subject to the sign requirements in chapter 17.08 of this title.

(Ord. 4-1995 § 2, 1995; Ord. 1-2001 § 4, 2001; Ord. 20-2018, 2018)

A.

The mobile home park owner shall operate the park in compliance with this section.

B.

The mobile home park owner or agent shall notify park occupants of all applicable provisions of this section.

C.

The mobile home park owner shall supervise the placement of each mobile home on its mobile home site which includes securing its stability and installing all utility connections.

D.

It shall be the duty of the park owner to:

1.

Pay promptly to the City all fees required by the City.

2.

Report promptly to the proper authorities any violation of this section.

3.

See that no mobile home is occupied for dwelling purposes unless it is properly placed on a mobile home site and complies with all the requirements of this section.

(Ord. 4-1995 § 2, 1995)

The height limitations of this title shall not apply to schools or portions of structures or buildings not used for human occupancy or activities, provided that such exceptions will not impose a negative material impact on the use, safety, or access of light and air to adjacent properties, for the intent and purposes of this title. Applicants requesting exceptions to the height limitations for buildings or structures shall only be approved by the City Council upon written finding that the applicant has satisfactorily addressed the following:

A.

Adequacy of light and air for adjacent properties;

B.

Minimization of visual impacts upon adjacent or neighboring properties;

C.

Adequacy for firefighting and emergency responses.

D.

The following list of uses may be excepted from the maximum height requirements provided the above mentioned conditions are met:

Chimneys, cupolas, vanes.

Church steeples.

Grain elevator enclosures.

Manufacturing steam towers.

Monuments.

Public utility poles.

Water tanks.

(Ord. 4-1995 § 2, 1995; Ord. 16-2005 § 3, 2006; Ord. 2-2019, 2019)

Multiple uses allowed by right shall be allowed in the same principal building for the zoning district in which the structure is located. Uses allowed by right mixed with uses allowed by conditional use shall be allowed in the same principal building for the zoning district in which the building is located if the conditional uses have been approved as conditional uses pursuant to the provisions of this title.

(Ord. 4-1995 § 2, 1995; Ord. 7-1997 § 15, 1997)

Only one principal building shall be permitted on any lot in R-1, R-2 and R-3 Districts. Two or more principal buildings on any lot in C-1 and C-2 Districts shall be permitted only upon approval by the City Manager.

(Ord. 4-1995 § 2, 1995; Ord. 20-2018, 2018)

Any change in use of an existing building shall conform to the requirements and review procedures of the district within which it is located. For changes in uses in nonconforming buildings, refer to chapter 17.11 of this title.

(Ord. 4-1995 § 2, 1995)

The applicant must satisfactorily demonstrate that the traffic circulation on the street adjacent to the site conforms to the following criteria:

A.

Arranged so that the drive-through lane is off the public street, alley or right-of-way; and

B.

Arranged so that internal pedestrian traffic and vehicular movements are compatible and traffic hazards are minimized; and

C.

Arranged so as to avoid hazardous or adverse effects on adjacent sites and streets.

(Ord. 4-1995 § 2, 1995)

No lot area, yard or other open space, or required off street parking or loading area existing on or after the effective date of this title shall be reduced in area, dimension or size below the minimum required by this title, nor shall any lot area, yard or other open space or off street parking or loading area which is required by this title for one use be used as the lot area, yard or other open space or off street parking or loading area requirement for any other use.

(Ord. 4-1995 § 2, 1995)

A.

On lots extending from one street to another paralleling street, both streets shall be considered as front streets for purposes of calculating front yard setbacks.

B.

On lots bordered on two contiguous sides by streets, the required front yard setback shall be the narrow side.

C.

For purposes of setback calculation, a two-family dwelling or an attached multiple-family dwelling shall be construed as one building occupying one lot.

D.

On a vacant lot bordered on two sides by previously constructed structures which do not meet the required front yard setback for the zoning district, the required front yard setback for the vacant lot shall be established as the average front yard setback of the two adjacent structures. Where a vacant lot is bordered on only one side by a previously constructed structure which does not meet the required front yard setback, the front yard for the vacant lot shall be established as the average of the front yard setback for the adjacent structure and the minimum front yard setback for the zoning district.

E.

Side setback for accessory structures shall be three feet, however an accessory structure shall stay away from a residential building on an adjoining lot by ten feet.

(Ord. 4-1995 § 2, 1995; Ord. 7-1997 §§ 8, 15, 1997; Ord. 1-2001 § 6, 2001)

Nothing in this title shall be construed to prevent the construction or installation of public utilities or transmission facilities, including mains or distribution lines in any zone district. Substations for a public utility, storage, maintenance facilities and business offices shall be restricted to their appropriate zone district. Location of power transmission lines with a capacity of 100 kV or more shall be subject to approval by City Council.

(Ord. 2-2019, 2019)

All projects from any governmental agency must go before the City Council in order to mitigate pending problems such as traffic, parking, access.

(Ord. 2-2019, 2019)

In order to minimize adverse effects that the operation of an animal veterinary clinic or hospital may have on an area in which it is located, the following regulations apply. Animal veterinary clinics or hospitals may be permitted in the I-1, I-2 and A-1 Zones, subject to the following conditions:

A.

All facilities of an animal veterinary clinic or hospital, including all treatment rooms, cages, pens, kennels and exercise runs, shall be maintained within a completely enclosed, soundproof building.

B.

All such veterinary clinics and hospitals shall be designed and constructed in a manner that shall eliminate any emission of odor offensive to persons in the area of such clinics or hospitals.

C.

All such veterinary clinics and hospitals shall be designed and constructed in a manner that shall reduce the sound coming from any such clinic or hospital to the level of 65 decibels at any given adjacent property line.

D.

No more than 25 head of animals shall be allowed for more than 24 hours. No more than five head of animals shall be allowed for longer than seven days.

(Ord. 4-1995 § 2, 1995)

Where otherwise not provided for in this title, applicants for new construction or reconstruction of existing structures for other than single-family residential purposes shall demonstrate that the proposal satisfactorily addresses such factors as:

A.

Drainage and stormwater runoff;

B.

Natural hazards where affecting the site;

C.

Erosion controls during and after construction;

D.

Reclamation and/or revegetation and landscaping;

E.

Preservation of unique natural features;

F.

Visual impacts on adjacent properties;

G.

Disposition of any historic features or structures; and

H.

Adequacy of public improvements to serve the proposed use.

(Ord. 4-1995 § 2, 1995)

Any application for an industrial use shall comply with applicable state and federal regulations as required by law and administered by the Environmental Protection Agency, Occupational Safety and Health Administration, Colorado Department of Health, and others which govern or establish guidelines for controls on the following:

A.

Noise and sound volume in decibels;

B.

Odor;

C.

Glare in foot-candles;

D.

Vibration generated in cycles/second or hertz;

E.

Visible and nonvisible emissions including vapors, particulate matter, dust, and degree of opacity;

F.

Types and volumes of wastes generated and proposed storage/disposal methods;

G.

Storage and use of flammable/explosive materials;

H.

Discharged water quality levels and site drainage;

I.

Any other factors such as heat, humidity, or electromagnetic radiation which may reduce adverse impacts.

Where not otherwise specified by a governing regulation, the determination of compliance with these items shall be based upon measurements taken at the boundaries of the property in which such uses are proposed or at the boundaries of residentially zoned districts adjacent to or across any street from such proposed uses.

Upon receipt of an application for an industrial use, the City shall send referrals to appropriate county, state, and/or federal agencies to solicit responses to the adequacy of the information as submitted and the most appropriate methods and time schedules for monitoring compliance with any imposed standards if a proposal is approved.

(Ord. 4-1995 § 2, 1995)

A.

Livestock harboring. Harboring of livestock shall be limited to the Yuma County Fairgrounds, veterinary clinics, meat processing, pack and slaughterhouses; rodeo and equine facilities; and livestock auction facilities.

B

Livestock density. For the purposes of this chapter, "animal unit" shall mean a unit of measurement used to determine the animal capacity of animals grazing and/or confined in the City of Yuma. The animal unit capacity is determined by multiplying the number of animals of each species by the appropriate equivalency factor listed in subsection B1 of this section, and summing the resulting totals for all animal species contained in the operation.

1.

The animal unit equivalency factors are as follows:

2.

If livestock grazing or confinement is allowed by this Code, the animal density shall not be greater than one animal unit per acre, except as follows:

a.

Property registered for a nonconforming use to permit grazing or confinement at a rate greater than one animal per acre pursuant to section 17.09.905 of this title.

b.

Livestock located at the Yuma County Fairgrounds, or any lawful business requiring the confinement of livestock at a rate greater than one animal per acre, including, but not limited to, veterinary clinics; meat processing, pack and slaughterhouses; rodeo and equine facilities; and livestock auction facilities.

(Ord. 4-1995 § 2, 1995; Ord. 4-2003 § 6, 2003)

Applications for a temporary permit under this category shall be submitted to the City on such forms required by the City, along with appropriate fees, as determined by resolution of the City Council.

A.

A temporary permit shall be granted upon approval of the City Council by resolution, provided that the City Council has determined at a public hearing that:

1.

The proposed temporary structure will be compatible with the zoning district in which it is located;

2.

The proposed temporary structure will not substantially injure or detract from the use of neighboring property, or from the character of the neighborhood, taking into account the aesthetic qualities of the structure and neighborhood;

3.

There are adequate and available public utilities and services for the proposed temporary structure and it will facilitate logical, efficient and economic extensions of public services and facilities;

4.

The proposed temporary structure is in compliance with the intent and purpose of this title, this Code, and the Yuma comprehensive master plan;

5.

The proposed temporary structure will serve to protect the best interest of the City and the health, safety and welfare of the public;

6.

The proposed temporary structure will not be used for residential purposes.

B.

Notices of the hearing shall be sent to all property owners whose property adjoins the proposed location for the temporary structure. Notice of the said hearing shall be published in a newspaper of general circulation within Yuma, at least four days prior to the hearing date.

C.

The City Council shall determine the term of the temporary permit. In no event shall the term of the permit be granted for a period greater than two years. Upon conclusion of the term, the applicant must remove the temporary structure from the property.

D.

The temporary permit shall not be assignable.

E.

If use of the temporary structure is discontinued for a period exceeding six months, the temporary permit shall be deemed abandoned, and shall expire.

(Ord. 5-1999 § 3, 1999; Ord. 20-2018, 2018; Ord. 2-2019, 2019)

A.

No person shall park, or knowingly permit to be parked, any motor vehicle in the front yard of a lot on which exists a single-family or two-family dwelling for any purpose except the washing of such vehicle; delivering items to said house; retrieving items from said house; or storing vehicles used in construction or demolition on the property. The parking of a motor vehicle in violation of this section is hereby declared to constitute a nuisance and danger to the public health, safety and welfare and is prohibited, unless such motor vehicle is parked on an improved area having a surface of asphalt, concrete, rock, gravel, or other similar inorganic material, or organic material specifically intended for a parking surface area, and such improved area has a permanent border. This prohibition shall apply to side yards only if such side yards abut a public street other than an alley. For the purposes of this section, the terms "yard," "front yard" and "side yard" shall have the meanings ascribed to them in section 17.03.302 of this title. No area of a yard governed by this section that is improved after February 6, 2004, to allow for the parking of motor vehicles shall constitute more than 40 percent of any front or side yard unless said improved area abuts only a collector or arterial street upon which parking is prohibited.

B.

Violations of this section shall be punished by a fine up to and including $300.00 for each violation, but no jail sentence or other form of imprisonment may be imposed, a fine being the exclusive punishment, however, failure to pay a fine may result in imprisonment pursuant to Colorado Revised Statutes § 13-10-113, as amended.

(Ord. 1-2004 § 1, 2004)

Marijuana establishments, as defined in section 5.13.020, excluding for retail marijuana products manufacturing facilities, are prohibited in all zone districts.

(Ord. No. 2-2021, § 5, 7-20-2021)

Editor's note— Ord. No. 2-2021, § 5, adopted July 20, 2021, repealed the former § 17.06.615, and enacted a new § 17.06.615 as set out herein. The former section pertained to medical marijuana dispensaries and derived from Ord. 11-2010, 2010; and Ord. 18-2018, 2018.

A.

Definitions. As used in this section, the following words and phrases are defined as follows:

Artificial turf: An installation of synthetic materials developed to resemble natural grass.

Functional artificial turf: Artificial turf that is located in a recreational use area or other space that is regularly used for civic, community, or recreational purposes, which may include a playground, a sports field, a picnic ground, an amphitheater, a portion of a park, and the playing area of a golf course, such as a driving range, chipping and putting green, tee box, green, fairway, and rough.

Functional turf: Turf that is located in a recreational use area or other space that is regularly used for civic, community, or recreational purposes, which may include a playground, a sports field, a picnic ground, an amphitheater, a portion of a park, and the playing area of a golf course, such as a driving range, chipping and putting green, tee box, green, fairway, and rough.

Invasive plant species: Plants that are not native to the state that are introduced to the state accidentally or intentionally, have no natural predators or competitors in the state, because the state is outside of their natural competitor or predator range, have harmful effects on the state's environment or economy or both, or appear on the noxious weed list maintained and published by the Colorado Department of Agriculture.

Nonfunctional artificial turf: Artificial turf that is not functional artificial turf.

Nonfunctional turf: Turf that is not functional turf.

Turf: The continuous plant coverage consisting of nonnative grasses or grasses that have not been hybridized for arid conditions, and which, when regularly mowed, form a dense growth of leaf blades and roots.

B.

Landscape materials. The installation of nonfunctional turf, nonfunctional artificial turf, and invasive plant species shall be prohibited except that nonfunctional turf shall be permitted for single-family and two-family dwellings. All new turf installed shall be comprised of grass seed or sod that is native, has been hybridized for arid conditions, or is low water.

(Ord. No. 2-2026, § 1, 1-6-2026)

Editor's note— Ord. No. 2-2021, § 6, adopted July 20, 2021, repealed § 17.06.616, which pertained to marijuana establishments and derived from Ord. 1-2013, 2013.

A.

Purpose. The purposes of this section are to allow the location of wireless service facilities (WSF) in the City while protecting the public health, safety, and general welfare of the community; to act on applications for the location of WSFs within a reasonable period of time; to encourage co-location of WSFs; and to prevent unreasonable discrimination among providers of functionally equivalent services.

B.

Standards for all wireless service facilities (WSF).

1.

Applicability.

a.

The standards contained in this section apply to all applications for WSFs. Applicants shall also comply with any other applicable provisions of the Code as determined by the City.

b.

No permit is required for the modification, removal, discontinuance, or replacement of a WSF or equipment if:

(1)

The owner or operator of the WSF notifies the City of the modification, removal, discontinuance, or replacement of the WSF, or equipment associated with the WSF; and

(2)

The modification, removal, discontinuance, or replacement does not amount to a substantial change to the WSF.

2.

Collocation. The City encourages collocation of WSFs when feasible to minimize the number of WSF sites. To further the goal of collocation:

a.

No WSF owner or operator shall unreasonably exclude a telecommunications competitor from using the same facility or location. Upon request by the City, the owner or operator shall provide evidence explaining why co-location is not possible at a particular facility or site; and

b.

If a telecommunications competitor attempts to co-locate a WSF on an existing or approved WSF or location, and the parties cannot reach an agreement, the City may require a third-party technical study to be completed at the expense of either or both parties to determine the feasibility of co-location.

c.

Consent given to a telecommunications provider or broadband provider to erect or construct any poles, or to locate or collocate communications and WSF on vertical structures in a right-of-way, does not extend to the collocation of new facilities or to the erection or construction of new poles in a right-of-way not specifically referenced in the grant of consent.

d.

Compliance with FCC standards. All WSFs shall meet the current standards and regulations of the FCC and any other agency of the federal government with the authority to regulate WSFs. Upon a request by the City at any time, WSF owners and operators shall verify that:

(1)

The WSF complies with the current FCC regulations prohibiting localized interference with reception of television and radio broadcasts; and

(2)

The WSF complies with the current FCC standards for cumulative field measurements of radio frequency power densities and electromagnetic fields.

(3)

By adopting this section, the City is not attempting to regulate radio frequency power densities or electromagnetic fields, which are controlled by the FCC.

3.

Abandonment and discontinuance. If the WSF ceases operation for any reason for 180 consecutive days:

a.

The owner or operator shall remove the WSF; and

b.

Any permit issued for operation of a WSF shall expire.

4.

Height limit. Notwithstanding any other height limitations in this section, in no case shall a WSF located on property owned by the City or in any public right-of-way exceed 40 feet in height.

5.

Freestanding WSFs.

a.

Minimum setbacks for freestanding WSFs. A freestanding WSF shall meet the minimum setback requirements for buildings and structures of the underlying district. A freestanding WSF shall be set back either subject to the minimum setback requirements of the underlying district or by one foot of distance for each foot of height of the WSF, whichever is greater.

b.

Maximum height for freestanding WSFs. A freestanding WSF, including antennae, shall not exceed the maximum structure height limit in the district in which the facility is located. In no case shall a freestanding WSF, including its appurtenances, exceed 100 feet in height.

c.

Design standards for freestanding WSFs. A freestanding WSF shall meet the following design standards to minimize impacts:

(1)

The facility shall be designed to be compatible with surrounding buildings and structures and existing or planned uses in the area.

(2)

Existing land forms, vegetation, and structures shall be used to screen the facility from view and blend in the facility with the surrounding environment.

(3)

Existing vegetation shall be preserved or enhanced.

(4)

The total area of any equipment storage shelters shall not exceed 400 square feet for each WSF.

(5)

Equipment storage shelters shall be grouped as closely together as technically possible.

(6)

No equipment storage shelter shall exceed 15 feet in height.

(7)

All freestanding WSFs shall accommodate co-location of facilities unless co-location is technically unfeasible as set forth in section 17.06.060(B)(2).

(8)

All applicable landscape regulations shall be observed. A landscape plan prepared by a professional landscape architect may be required by the City to demonstrate that such landscape appropriately shields the base and security fencing from view if the base of the facility is otherwise visible from adjacent rights-of-way.

(9)

Any equipment that could be dangerous to persons or wildlife shall be adequately covered or fenced.

(10)

The applicant shall provide evidence that the facility is being constructed by a licensed wireless carrier.

(11)

No lighting of a facility or accessory facility shall be permitted.

6.

Building roof- or wall-mounted WSFs.

a.

A building wall-mounted WSF shall adhere to the following design standards to minimize impacts:

(1)

The facility shall be screened from view and/or colored to match the building or structure to which it is attached.

(2)

The mounting of antennae shall be as flush to the building wall as possible, and in no case shall the antennae extend more than three feet out from the building wall.

(3)

The facility shall not extend above the highest point of the roof of the building.

b.

A building roof-mounted WSF shall adhere to the following design standards to minimize impacts:

(1)

A building roof-mounted WSF, including antennae, shall be the shorter of:

(A)

Twenty (feet taller than the building to which it is attached or

(B)

One hundred feet.

(2)

The facility shall be screened from view and/or colored to match the building or structure to which it is attached.

(3)

The facility shall be set back such that it is not visible from ground level on adjacent rights-of-way or residential uses or districts at a distance of 100 feet or less.

(4)

The diameter of a microwave dish antenna shall not exceed four feet.

c.

Accessory equipment for a building roof or wall-mounted WSF shall be placed inside the building if feasible. All equipment storage shelters shall be grouped as closely as technically possible, and the total area of all accessory equipment, including storage shelters, shall not exceed 400 square feet per WSF.

7.

Small cell facilities.

a.

A telecommunications provider or broadband provider may locate or collocate small cell facilities or small cell networks on light poles, light standards, traffic signals, or utility poles in the right-of-way owned by the City, subject to the following:

(1)

A small cell facility or a small cell network shall not be located or mounted on an apparatus, pole, or signal with tolling collection or enforcement equipment attached.

(2)

The construction, installation, operation, and maintenance of a small cell facility shall comply with applicable federal and state law and the provisions of this chapter. If upon inspection, the City concludes that a wireless service facility fails to comply with such laws and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the small cell facility, the owner shall have 30 days from the date of the notice to bring such facility into compliance. Upon good cause shown by the owner, the City may extend such compliance period not to exceed 90 days from the date of said notice. If the owner fails to bring such facility into compliance within said time period, the City may remove such facility at owner's expense or prohibit future, noncompliant use of the light pole, light standard, traffic signal or utility.

b.

Micro wireless facilities. No application or permit shall be required for the installation, placement, operation, maintenance, or replacement of micro wireless facilities that are suspended on cable operator-owned cables or lines that are strung between existing utility poles in compliance with the national safety code, subject to the following:

(1)

The City may require a permit for installation, placement, operation, maintenance, or replacement of micro wireless facilities where the installation, placement, operation, maintenance, or replacement of micro wireless facilities does any of the following, upon determination of the City:

(A)

Involves working within a highway travel lane or requires the closure of a highway travel lane;

(B)

Disturbs the pavement or a shoulder, roadway, or ditch line;

(C)

Includes placement on limited access rights-of-way; or

(D)

Requires any specific precautions to ensure the safety of the traveling public; the protection of public infrastructure; or the operation of public infrastructure; and such activities either were not authorized in, or will be conducted in a time, place, or manner that is inconsistent with, the approval terms of the existing permit for the facility or structure upon which the micro wireless facility is attached.

8.

Approval timeframes.

a.

Any application for the collocation or siting of a small cell or micro wireless facility shall be approved, approved with conditions or denied by the City within 90 days after the City receives a complete application.

b.

Any application for the siting of a WSF, that is not a small cell or micro wireless facility or colocation application, shall be approved, approved with conditions or denied by the City within 150 days after the City receives an application.

c.

The approval deadline may be tolled by the City to make requests for information to complete a collocation or siting application. The City must provide written notice to the applicant within 30 days of receipt of the application that the period is being tolled and identifying the missing documents or information the applicant must submit for the application to be complete and identifying the regulation creating the requirement to provide the missing documents or information. Tolling of the applicable time period begins on the date the local government provides the notice and ends on the date the requested information is received.

9.

Additional submittal documents. In addition to the submittal requirements for a conditional use permit, the applicant shall submit a request for any street or lane closures or trenching across City streets as a result of construction, as applicable. Applicants are required to obtain any necessary permits for closures and trenching prior to the commencement of construction.

(Ord. No. 1-2026, § 3, 1-6-2026)

Editor's note— Ord. No. 1-2026, § 3, adopted Jan. 6, 2026, set out provisions intended to amend section 17.06.060. Inasmuch as there were no provisions so designated, and at the editor's discretion, said section has been codified herein as § 17.06.617.