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File #: O2025-019    Version: 1 Name:
Type: ordinance Status: Passed
File created: 4/28/2025 In control: City Council Meeting
On agenda: 5/21/2025 Final action: 6/4/2025
Title: Text Amendment: Accessory Dwelling Units
Attachments: 1. 1. P&Z RPT Text Amendment: Accessory Dwelling Units, 2. 2. ORD Text Amendment: Accessory Dwelling Units

 

 

STRATEGIC OUTCOMES

ACTION

Department:

Safe & Prosperous

Motion

Planning & Neighborhood Svc

Active & Appealing

Resolution

 

Respected & Responsible

Ordinance - Introduction

Division:

Connected & Engaged

Ordinance - Adoption

Community Planning

Unique & Creative

Public Hearing

 

TITLE: t

 

Text Amendment: Accessory Dwelling Units

 

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SUMMARY RECOMMENDATION: Summary Recommendation

Amend Title 15, Chapter 154, to update development regulations and expand the residential zoning districts which permit accessory dwelling units. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville)

 

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STRATEGIC OUTCOME:

Through a collaborative effort between the City and members of the local development community, the City Council directed the Community Planning Team to update regulations related to the development of accessory dwelling units. The proposed text amendment will support the development of new accessory dwellings by expanding the permitted zoning districts, while also relaxing associated development standards. All of these proposed amendments will support the City Council’s strategic outcomes of Safe and Prosperous and Connected and Engaged.

 

REPORT:

An Accessory Dwelling Unit (ADU) is a secondary, self-contained living space located on the same property as a primary residence. These units can be attached to the main home, or constructed as a separate, stand-alone structure. ADUs provide a flexible and cost-effective solution to address growing housing demands, particularly in urban areas where space is limited. They offer homeowners an efficient way to add living space without the need for large-scale development. Additionally, ADUs are ideal for accommodating aging family members, offering proximity and independence while supporting intergenerational living. Beyond personal use, adding an ADU can also increase a property’s value, providing homeowners with both greater living options and future financial flexibility.

 

The benefits of ADUs are numerous, starting with their ability to create affordable housing options. By offering rental opportunities, ADUs contribute to more affordable living in high-demand areas, while homeowners can generate rental income to help offset housing costs. ADUs are also highly adaptable, serving purposes such as guest accommodations, home offices, or spaces for young adults transitioning into independence. ADUs promote sustainability by utilizing existing land and infrastructure, reducing urban sprawl and supporting environmentally conscious design choices. With their ability to diversify neighborhood demographics and foster a sense of community, ADUs help maintain the character of residential areas while increasing housing diversity. In summary, ADUs provide a sustainable, flexible, and innovative solution for addressing housing needs, benefiting both homeowners and communities alike.

 

The City is proposing an update to its zoning code to expand the availability of ADUs in the City. Originally adopted in 2017, the updated regulations aim to increase flexibility and accessibility for homeowners. The proposed changes include expanding the zoning districts where ADUs are permitted, while allowing the construction of second ADUs on lots of a certain size. Additionally, the update removes the previous owner occupancy requirement, meaning that homeowners will no longer need to live on the property to rent out the ADUs. The update also seeks to streamline design standards, making it easier for homeowners to develop ADUs while maintaining consistency with the character of residential areas. These changes are designed to increase housing options, promote sustainable development, and provide greater opportunities for affordable living in Yuma.

 

Below is an expanded analysis of the amendment language and its potential impact:

 

1.                     Expanding Districts: In an effort to support the development of ADUs, the proposed amendment will add ADUs as a permitted accessory use within five additional zoning districts.

2.                     Density: The proposed amendment seeks to allow a second accessory dwelling unit on those lots which measure 10,000 square feet or larger. If a second unit is desired, one unit must be attached while the second unit may be detached; the amendment will not permit for two attached or two detached units.

3.                     Setbacks: The proposed amendment also aims to modify the setback requirements for attached units, allowing attached units to be located in line with the front of the primary residence. Detached units will still need to be located behind the midpoint of the primary residence.

4.                     Parking: An amendment is being suggested, that when a second accessory dwelling unit is constructed, an additional parking space will be required. Such parking space may be located within the front setback.

5.                     Owner Occupancy: Currently, the code requires that the property owner(s) reside on-site within one of the units. This was intended to ensure that the property was maintained at a higher level, not to negatively impact the surrounding neighborhood. Based on the ability to monitor and enforce this requirement, it has been recommended to remove the owner occupancy requirement.

6.                     Design: In an attempt to improve the flexibility of design, the proposed amendment will expand opportunities for property owners to utilize design elements from area properties. Currently, the code limits design ability to the subject property. The intent of the design criteria is to ensure that these units do not detract from or negatively impact the surrounding neighborhood.

 

In conclusion, the proposed update to Yuma’s zoning code represents a significant step toward enhancing housing options and fostering sustainable growth within the City. By expanding the areas where ADUs are permitted, allowing for additional units on larger lots, and removing the owner occupancy requirement, the City is creating more opportunities for affordable housing and greater flexibility for homeowners. These changes, along with streamlined design standards and updated setback and parking requirements, are designed to ensure that ADUs continue to contribute positively to the community while maintaining the character of residential neighborhoods. This update not only addresses the growing demand for housing but also promotes a more inclusive and adaptable housing environment for Yuma residents.

 

On April 14, 2025, the Planning and Zoning Commission voted to recommend APPROVAL (4-0) 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 and expand the residential zoning districts which permit accessory dwelling units. 

 

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

 

QUESTIONS FOR STAFF

“Chris Hamel - Planning and Zoning Commissioner inquired whether the flexibility in design, as demonstrated by Linville with the flat roof example, would require the property owner to follow the original structure's pitch, increasing costs.

 

“Alyssa Linville - Director of Planning and Neighborhood Services confirmed that current regulations require developers and property owners to match the character of the primary residence. The proposed flexibility would allow developers and property owners the ability to draw design elements from neighboring properties.

 

“Hamel stated that he appreciated the approach of the proposed text amendment, as it provided an opportunity for the community and various agencies within Yuma County to offer their input.

 

PUBLIC COMMENT

“Jeff Snow, 3064 S. Avenue B, Yuma, AZ asked whether the proposed text amendment would allow ADUs citywide in the R-1-5, R-2-5, R-1-6, R-1-8, and R-1-12 zoning districts. He also asked whether property owners within these zoning districts would have the right to construct at least one ADU. Snow then asked what the process would be for a homeowner in an existing subdivision to construct an ADU. He inquired whether special permits would be required or if the request would need to go before City Council or a Hearing Officer. He also asked what requirements developers would need to meet when including ADUs as part of new construction. Additionally, he asked how ADUs would impact setbacks, parking requirements, and lot coverage. Lastly, he asked how the City would address design-related issues for ADUs.

 

“Linville responded that ADUs would be permitted by right in all of the zoning districts identified by Mr. Snow, with no conditional use or special permit required, only a standard building permit review process.

 

“Linville stated that while there is currently an application process for ADUs, the proposed amendment would eliminate the owner-occupancy requirement, therefore eliminating the need for this application process.

 

“Linville explained that review of ADUs would focus on aesthetics, location, and compliance with the zoning district and added that the only zoning district where ADUs would not be permitted is the Manufactured Housing Park (MHP) District.

 

“Linville also clarified that the proposed text amendment would permit ADUs in the Low Density Single-Family Residential (R-1-5), Recreation Manufactured Homes (RMH), Recreation Vehicle Space (RVS), and Medium Density Single-Family Residential (R-2-5) zoning districts.

 

“Linville then addressed the process for new construction, stating that the City would not require developers to identify which lots will include ADUs as part of their subdivision plat process. She also noted that, in terms of development standards, an additional 5% lot coverage is allowed for the inclusion of an ADU. The only parking requirement would apply to a second ADU, which would require one parking space to be available within the front yard setback.

 

“Snow commented that providing examples of lot coverage would clarify how the lot coverage allowance applies, as the concept was not entirely clear.

 

MOTION

“Motion by Lorraine Arney - Planning and Zoning Commissioner, second by Jorge Gonzalez - Planning and Zoning Commission, to APPROVE ZONE-43748-2025 as presented.

 

“Motion carried unanimously, (4-0) with two absent and 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

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To total; right click number & choose “Update Field”

 

 

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

05/14/2025

Reviewed by City Attorney:

Date:

Richard W. Files

05/12/2025