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File #: O2025-037    Version: 1 Name:
Type: ordinance Status: Agenda Ready
File created: 8/13/2025 In control: City Council Meeting
On agenda: 9/17/2025 Final action:
Title: Text Amendment: Accessory Buildings
Attachments: 1. 1. P&Z RPT Text Amendment: Accessory Buildings Text Amendment, 2. 2. ORD Text Amendment: Accessory Buildings
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STRATEGIC OUTCOMES

ACTION

Department:

Safe & Prosperous

Motion

Community Development

Active & Appealing

Resolution

 

Respected & Responsible

Ordinance - Introduction

Division:

Connected & Engaged

Ordinance - Adoption

Community Planning

Unique & Creative

Public Hearing

 

TITLE:

title

Text Amendment: Accessory Buildings

 

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SUMMARY RECOMMENDATION:

Summary Recommendation

Amend Title 15, Chapter 154, to update development regulations for Accessory Buildings, Uses and Structures. (Community Development/Community Planning) (Alyssa Linville)

 

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STRATEGIC OUTCOME:

The proposed text amendment will facilitate and support the development and enjoyment of residential properties, supporting the City Council’s strategic outcomes of Safe and Prosperous and Active and Appealing.

 

REPORT:

The purpose of this text amendment is to simplify the code as applied to uninhabitable accessory buildings for height limits and setbacks.  Uninhabitable accessory buildings include workshops, detached garages or carports, outdoor kitchens, gazebos and pergolas.  This type of building also includes sheds, which can vary in size significantly, and chicken coops, which due to state law changes can be up to 200 square feet in size.

 

Additionally, City Council has asked staff to bring forward an amendment that addresses allowing shade structures specifically for parking within the front yard setback.

 

The text amendment does not apply to inhabitable structures such as a residential dwellings, accessory dwelling units (ADU) or guest/pool houses.  Those types of structures are addressed in other parts of the Zoning Code.  These more intense residential structures typically follow standard setback requirements by zoning district.  Accessory structures have more flexibility on placement on the property as they are uninhabitable. 

 

Currently the code identifies three types of accessory buildings based on square footage or on height with different setbacks applying to each sized structure. 

                     Large – More than 8 feet tall or more than 200 square feet

                     Medium – 8 feet tall or less and between 121 and 200 square feet

                     Small – 8 feet tall or less and less than 121 square feet

 

For Large structures

                     The maximum height can match the primary residence or 25 feet whichever is less.

                     The side and rear yard setbacks can vary from 3 feet from the property line to the specific setback identified for the property’s zoning district based on the height. 

o                     For example, a 10 foot tall structure would have a setback of 5 feet (3 feet plus one foot for each additional foot over 8 feet).  For a property in the R-1-6 zoning district the side yard setback for a large accessory structure could vary between 3 feet and 7 feet depending on the height of the structure.

                     The front yard setback for a large structure is the mid-point of the primary residence measured from the front of the home.

 

For Medium and Small structures, the maximum height is 8 feet.  Medium structures have a side and rear yard setback of 3 feet and small structures have a side and rear yard setback of zero feet.  The front yard setback for both is by zoning district.

 

On many occasions, residents are not able to meet these requirements.  For example, to install a large accessory structure for parking an RV, the front yard setback is the midpoint of the structure.  On some properties this would result in the structure encroaching into the rear yard setback.  A second issue is that many shades and sheds purchased at retail businesses are taller than 8 feet.  The sliding setback based on height has become a difficulty to meet.

 

The proposed text amendment would identify only two types of structures: Large and Small.  This is intended to simplify how the code is applied and address the difficulties in meeting the current code.  The code amendment would also address structures for shade that are fully open on all sides and maintaining a 3 foot clearance to allow for public safety response through the property. 

 

Large structures – more than 9 feet high or more than 200 square feet

                     The maximum height can match the primary residence or 25 feet whichever is less. This is no change to the current height limit.

                     The side and rear yard setbacks are 5 feet from the property line.  This removes the sliding setback based on height.

o                     If the structure is open on all sides, the side yard setback can be reduced to 3 feet.

                     The front yard setback is dependent on the type of construction.

o                     For construction similar to the home, such as a detached garage than the front setback is in line with the home.

o                     For construction that is dissimilar, such as a metal and fabric RV shade, the front setback is 10 feet behind the nearest front facing corner.  The intent is to keep the new structure from overwhelming the home.

 

Small structures – 9 feet high or less and 200 square feet or less

                     The maximum height is 9 feet.

                     The side and rear yard setbacks are one foot. If stormwater drainage will be onsite, the setback may be reduced to zero feet. 

o                     But if the structure is to be used for parking, the side and rear yard setbacks are three feet for fire safety purposes.

                     The front yard setback is by zoning district.

 

A new type of structure is included for addition to the Zoning Code - Unenclosed shade structures for parking located within the front yard setback.  This type of structure and the development requirements associated with it are intended to address City Council direction to provide additional shade options for residential properties.  This addition takes advantage of the parking available within the front yard setback.  And hopefully will benefit those properties currently without a garage or carport or unable to use the existing garage.

 

The concern with allowing structures within the front yard setback is the impact on the property and neighboring properties.  The purpose of the Front Yard Setback is to provide the following:

                     A buffer between the home and the street that limits noise, impacts from traffic and promotes privacy

                     Improve visibility and safety for drivers and pedestrians

                     Accommodate underground utilities

                     Contribute to neighborhood character with building placement and landscaping, and

                     On larger lots provide stormwater retention.

 

The proposed development requirements associated with these structures are intended to maintain the benefits of the front yard and minimize the potential impacts of a new structure.  The recommendations include:

                     The structure must be fully open on all sides so that visibility is not blocked,

                     The front yard setback is 10 feet from the right-of-way thereby keeping the structure out of any utility easements along the front of the property,

                     The structure is permanently secured to the ground to minimize any safety issues in high windstorm events, and

                     That the area under the structure will be paved to minimize any windblown dust. 

 

The primary requirement is that the structure can be no larger than 200 square feet.  For a typical single-family home property, the street frontage is 50 feet with a 20 foot front yard setback, resulting in a front yard area of 1,000 square feet.  A 200 square foot structure would occupy 20% of the front yard area.  By setting a maximum area for the shade structure, the intent is to still be able to maintain the benefits of the front yard.

 

The development of this code amendment has been completed in coordination with the Building Safety Division to ensure there are no conflicts with current building code requirements.  Distance between structures on a property will depend on the use of the structure, construction type, such as fire resistance, and any openings, such as windows or doors.

 

This code amendment is focused on providing flexibility for the placement of uninhabitable structures.  It would not be possible to construct an uninhabitable accessory structure, with reduced setbacks, and later convert that structure to an accessory dwelling unit.  Any improvements would need to meet the setback requirements of the zoning code and building code standards for a new inhabitable structure.

 

On August 11, 2025, the Planning and Zoning Commission voted to recommend APPROVAL (6-0) of the request by the City of Yuma for a Zoning Code Text Amendment to amend Title 15, Chapter 154, in order to update development regulations for accessory buildings. 

 

PUBLIC COMMENTS - EXCERPT FROM PLANNING AND ZONING COMMISSION MEETING MINUTES:

 

QUESTIONS FOR STAFF - None

 

PUBLIC COMMENT - None

 

MOTION

“Motion by Commissioner Lorraine Arney, second by Commissioner Ashlie Pendleton to APPROVE ZONE-44216-2025 as presented.

 

“Motion carried unanimously, (6-0) with one vacancy.’

 

FISCAL REQUIREMENTS:

CITY FUNDS:

$ 0.00

 

BUDGETED:

$ 0.00

 

STATE FUNDS:

$ 0.00

 

AVAILABLE TO TRANSFER:

$ 0.00

 

FEDERAL FUNDS:

$ 0.00

 

IN CONTINGENCY:

$ 0.00

 

OTHER SOURCES:

$ 0.00

 

FUNDING: ACCOUNT/FUND #/CIP

-

 

TOTAL

$ 0.00

 

 

FISCAL IMPACT STATEMENT:

NONE

 

 

ADDITIONAL INFORMATION:

SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:

 

NONE

 

IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?

 

Department

City Clerk’s Office

Document to be recorded

Document to be codified

 

Acting City Administrator:

Date:

John D. Simonton

09/05/2025

Reviewed by City Attorney:

Date:

Richard W. Files

09/04/2025