City of Yuma Logo
File #: O2023-039    Version: 1 Name:
Type: ordinance Status: Passed
File created: 11/6/2023 In control: City Council Meeting
On agenda: 12/6/2023 Final action: 12/20/2023
Title: Text Amendment: Home Occupations
Attachments: 1. 1. P&Z Rpt Home Occupation Text Amendment, 2. 2. ORD Home Occupation Text Amendment

 

 

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:

title

Text Amendment: Home Occupations

 

end

 

SUMMARY RECOMMENDATION:

Summary Recommendation

Amend Title 15, Chapter 154 of the Yuma City Code, to update the permitted Home Occupations. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville)

 

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STRATEGIC OUTCOME:

This proposed text amendment will expand the permitted home occupations, increasing employment opportunities within residential districts, in support of the City Council’s strategic outcomes of Safe and Prosperous and Unique and Creative.

 

REPORT:

The City of Yuma adopted the Home Occupation ordinance on July 7, 2010, as Ordinance O2010-32. The purpose of the Home Occupation ordinance is to permit and regulate the conduct of home occupations in a dwelling unit and ensure that home occupations do not have a negative impact on adjacent and nearby residential properties and uses. 

 

The proposed text amendment would expand the permitted home occupations and increase employment opportunities within residential districts. Many people are making personal decisions to work from their residence instead of commuting to a physical place of employment and it is important to recognize these changes in today’s workforce. This proposed text amendment would allow more residents of the community to use their residence as a place to enhance or fulfill personal economic goals, while maintaining the character and integrity of the residential neighborhood.  

 

This text amendment also aligns the City of Yuma zoning code with the State of Arizona statutes for Home Occupations. Currently, the zoning code limits the number of employees to the residents of the principal dwelling unit on the site. State statute allows home-based businesses to employ residents of the primary dwelling, immediate family members, and up to two individuals who are not residents of the primary dwelling. In addition, state statute allows having more than one client on the property at one time.

 

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

 

QUESTIONS FOR STAFF 

 

Commissioner Branden Freeman said he is pleased with the proposed text amendment.

Commissioner John Mahan asked if no other sections of the code related to home occupation would change. Amelia Domby, Senior Planner confirmed.

PUBLIC COMMENT

“Gary Wright, 1801 S. 13th Avenue, Yuma, AZ asked what home occupations were allowed. Gary Wright asked if the proposed amendment would increase on-street parking, taking away rights from homeowners. Gary Wright also expressed concerns on how the City would manage home businesses.

“Chairman Chris Hamel asked if the amount of parking once a home occupancy goes in effect, would not exceed the parking requirements. Amelia Domby, Senior Planner clarified that the Home Occupation code was adopted in 2010 and that the parking would be limited to one parking spot related to the home occupation.

“Commissioner John Mahon said that neighborhoods wouldn’t be affected by the proposed text amendment, and that it would be great for people who are trying to start or grow their business from home.

“Motion by Branden Freeman, Planning and Zoning Commissioner, second by Joshua Scott, Planning and Zoning Commissioner to APPROVE Case Number ZONE-41786-2023, to amend Title 15, Chapter 154, to update permitted home occupations.

“Motion carried unanimously (5-0) with Edgar Olvera - Planning and Zoning Commissioner and Ashlie Pendleton - Planning and Zoning Commissioner absent.

 

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

11/21/2023

Reviewed by City Attorney:

Date:

Rodney Short for Richard W. Files

11/20/2023