Disclaimer:

This is provided for informational purposes only. The formatting of this ordinance may vary from the official hard copy. In the case of any discrepancy between this ordinance and the official hard copy, the official hard copy will prevail.

 

Ordinance 18-880

 

 

Contents

section 1 -        Title, Purpose and Scope. 9

1.1         AUTHORITY. 9

1.2         TITLE. 9

1.3         PURPOSE. 9

1.4         APPLICABILITY. 9

1.5         CONSISTENCY WITH THE ELOY GENERAL PLAN AND OTHER ADOPTED REGULATIONS. 10

1.6         TRANSITIONAL PROVISIONS. 10

1.6.1      Violations Continue. 10

1.6.2      Uses Rendered Nonconforming Under Prior Ordinance. 10

1.6.3      Uses Rendered Nonconforming Under This Ordinance. 11

1.6.4      Applications Filed Prior to the Effective Date. 11

1.6.5      Developments with Approvals or Permits. 11

1.6.6      Waiver of Requirements. 13

1.7         CONFLICTING PROVISIONS. 13

1.7.1      Provisions Interpreted as Minimum Requirements. 13

1.7.2      Relation to Other Regulations. 13

1.7.3      Relation to Private Agreements. 13

1.8         RULES FOR INTERPRETATION.. 14

1.8.1      Zoning/Land Use Regulations. 14

1.8.2      Official Zoning Map. 14

1.9         SEVERABILITY. 14

section 2 -        zoning districts. 15

2.1         ZONING DISTRICTS AND MAP ESTABLISHED.. 15

2.1.1      Zoning Districts Established. 15

2.1.2      Zoning Map Established. 16

2.1.3      Boundary Determination. 16

2.2         RESIDENTIAL DISTRICTS. 17

2.2.1      General Purpose. 17

2.2.2      Residential Districts. 17

2.2.3      Residential Use Standards. 19

2.2.4      Residential Development Standards. 23

2.2.5      Single-family Residential Design Guidelines. 24

2.2.6      Multiple Family Residential Design Guidelines. 27

2.3         COMMERCIAL DISTRICTS. 29

2.3.1      General Purpose. 29

2.3.2      Commercial and Mixed-Use Districts. 29

2.3.3      Commercial and Mixed-Use Standards. 30

2.3.4      Commercial and Mixed-use Development Standards. 35

2.3.5      Commercial and Mixed-use Design Guidelines. 35

2.3.6      Additional Design Standards. 37

2.4         Public Facilities District. 37

2.4.1      General Purpose. 37

2.4.2      Public Facilities Use Standards. 38

2.4.3      Public Facilities Development Standards. 39

2.4.4      Public Facilities Design Guidelines. 39

2.5         INDUSTRIAL DISTRICTS. 40

2.5.1      General Purpose. 40

2.5.2      Industrial Districts. 40

2.5.3      Industrial Use Standards. 40

2.5.4      Industrial Development Standards. 44

2.5.5      Industrial Design Guidelines. 45

2.5.6      Additional Design Standards. 46

2.6         OPEN SPACE DISTRICTS. 47

2.6.1      General Purpose. 47

2.6.2      Open Space Districts. 47

2.6.3      Open Space Use Standards. 48

2.6.4      Open Space Development Standards. 49

2.7         OVERLAY ZONING DISTRICTS. 49

2.7.1      Planned Area Development (PAD) 49

2.7.2      General Purpose. 49

2.7.3      Applicability. 50

2.7.4      Standards Eligible for Modification. 50

2.7.5      Approval Criteria. 51

2.7.6      Manufactured Home Overlay (MHO) 51

2.7.7      General Provisions. 52

2.7.8      Manufactured Home Development Standards. 53

2.7.9      Manufactured Home Park Design Guidelines. 54

2.7.10        Recreational Vehicle Park Development Guidelines. 56

2.7.11        Aviation Overlay (AO) District 58

2.7.12        General Purpose. 58

2.7.13        Applicability. 58

2.7.14        Aviation Overlay Sectors. 59

2.7.15        Permitted Uses. 59

2.7.16        Supplemental Development Provisions (AO) 60

2.7.17        Downtown Core Overlay (DCO) 61

2.7.18        General Purpose. 61

2.7.19        Applicability. 61

2.7.20        Permitted Uses. 62

2.7.21        Density, Area, Building and Yard Regulations. 63

section 3 -        supplemental use standards. 64

3.1         Supplemental Use Standards. 64

3.1.1      Additional Regulations for Specific Uses. 64

3.1.2      Adult Entertainment Businesses. 64

3.1.3      Agriculture, General 65

3.1.4      Animal Hospital 65

3.1.5      Assisted Living Center 66

3.1.6      Automotive Repair, minor and major 66

3.1.7      Concentrated Animal Feeding Operations (CAFO’s) 68

3.1.8      Campground. 68

3.1.9      Caretaker Quarters. 70

3.1.10        Carnivals, Circuses, Revivals, Rodeos and Similar Activities. 71

3.1.11        Child Care, Center 71

3.1.12        Child Care, Home. 72

3.1.13        College/University. 72

3.1.14        Commercial Riding Stables. 72

3.1.15        Convenience Store. 73

3.1.16        Dairy Farms. 73

3.1.17        Detention/Correctional Facilities. 74

3.1.18        Drive-Through Facility. 74

3.1.19        Extractive Industries. 74

3.1.20        Farms/Ranching Activities. 75

3.1.21        Group Care Homes. 76

3.1.22        Home Occupations. 76

3.1.23        Kennel, Animal (Shelter) 79

3.1.24        Medical Marijuana Cultivation. 79

3.1.25        Medical Marijuana Dispensary. 80

3.1.26        Medical Marijuana Infusion. 81

3.1.27        Microbrewery, Craft Distillery or Tasting Room.. 82

3.1.28        Nursing Home. 83

3.1.29        Commercial Entertainment, Outdoor 83

3.1.30        Outdoor Storage Facilities. 84

3.1.31        Outdoor/Mobile Vending. 85

3.1.32        Non-Chartered Financial Institution (Payday Loan Facility) 86

3.1.33        Religious Assembly. 87

3.1.34        Resident Care Home (see “Group Care Home” for persons without disabilities) 87

3.1.35        Schools (Boarding, Private, Public, K-8, 9-12) 88

3.1.36        Self Service Storage. 88

3.1.37        Service Station. 89

3.1.38        Solar Generation Facility. 89

3.1.39        Tiny Houses. 90

3.2         General Development Standards FOR ACCESSORY Uses, Buildings and Structures. 91

3.2.1      Purpose. 91

3.2.2      Establishment of Accessory Buildings, Structures and Uses. 91

3.2.3      General Development Standards for Accessory Buildings, Structures and Uses. 91

3.2.4      Location Standards for Accessory Buildings, Structures and Uses. 92

3.2.5      Size Standards for Accessory Buildings and Structures. 92

3.2.6      Additional Standards for Specific Accessory Buildings, Structures and Uses. 93

3.2.7      Cargo Containers. 94

3.2.8      Domesticated Animals. 94

3.2.9      Outdoor Display and Sales. 95

3.2.10        Outdoor Storage. 96

3.2.11        Swimming Pools. 98

3.3         Temporary Uses. 99

3.3.1      Purpose. 99

3.3.2      Temporary Use Approval 99

3.3.3      Allowed Temporary Uses. 100

section 4 -        general developments regulations. 102

4.1         Off-Street Parking and Loading.. 102

4.1.1      Purpose. 102

4.1.2      Applicability. 102

4.1.3      General Parking and Loading Regulations. 103

4.1.4      Restriction of Parking Area Use. 103

4.1.5      Number of Parking Spaces Required. 105

4.1.6      Alternative Parking Provisions. 109

4.1.7      Parking Space Dimensions. 112

4.1.8      Accessible Parking. 113

4.1.9      Loading Area Requirements. 115

4.1.10        Bicycle Parking. 116

4.1.11        Special Parking Requirements for Residential Uses. 117

4.1.12        Parking Area Design and Layout Standards. 121

4.1.13        Parking Area Landscaping. 124

4.1.14        Parking Area Lighting. 124

4.2         LANDSCAPING AND WALLS. 124

4.2.1      Purpose. 124

4.2.2      Landscaping. 125

4.2.3      On-Site Landscape Requirements For Specific Land Uses: 125

4.2.4      Non-Residential Landscaping Requirements. 127

4.2.5      Streetscape Landscaping Requirements. 127

4.2.6      Parking Area Landscape Requirements. 129

4.2.7      Property Owner Maintenance. 130

4.2.8      Landscape Plan Application and Approval Process. 130

4.2.9      Landscape Plan Submittal Requirements. 131

4.2.10        Fences, Walls and Screening. 132

4.2.11        Obstructing Visibility at Intersections. 133

4.2.12        Parking Lot Screens. 133

4.2.13        Refuse Area Screens. 134

4.2.14        Loading Area Screens. 134

4.2.15        Mechanical Equipment Screens. 134

4.3         SIGNAGE. 134

4.3.1      Purpose. 134

4.3.2      Applicability. 135

4.3.3      Exemptions. 135

4.3.4      Prohibitions. 136

4.3.5      Conflicting Regulations. 137

4.3.6      General Provisions. 137

4.3.7      Total Aggregate Sign Area Standards. 141

4.3.8      Standards by Sign Type. 142

4.3.9      Additional Standards by Permanent Sign Type. 142

4.3.10        Additional Standards by Temporary Sign Type. 147

4.3.11        Permits Required and Process. 150

4.4         WIRELESS FACILITIES. 153

4.4.1      Purpose. 153

4.4.2      Applicability. 154

4.4.3      Use and Development Regulations. 155

4.4.4      Design Standards. 157

4.4.5      General Development Requirements. 158

4.4.6      Application Submittal Requirements. 162

4.5         OUTDOOR LIGHTING.. 163

4.5.1      Purpose and Intent 163

4.5.2      Conformance With Applicable Codes. 163

4.5.3      Applicability. 164

4.5.4      Exemptions. 165

4.5.5      General Requirements. 165

4.5.6      Design Standards. 170

4.5.7      Non- Conforming Lighting: 170

4.5.8      Procedures for Compliance. 171

section 5 -        ADMINISTRATION.. 173

5.1         PURPOSE. 173

5.2         CITY COUNCIL. 173

5.2.1      Powers and Duties. 173

5.3         PLANNING & ZONING COMMISSION.. 173

5.3.1      Powers and Duties. 174

5.3.2      Membership. 175

5.3.3      Term Of Office. 175

5.3.4      Nonattendance. 175

5.3.5      Removal 175

5.3.6      Planning & Zoning Commission Organization. 175

5.4         BOARD OF ADJUSTMENT. 176

5.4.1      Powers and Duties. 176

5.5         ZONING ADMINISTRATOR. 178

5.5.1      Powers and Duties of the Zoning Administrator 178

5.5.2      Limitations of the Zoning Administrator: 179

5.5.3      Limitations of the Zoning Administrator: 179

5.6         Development Review Committee. 180

5.6.1      Purpose of the Development Review Committee. 180

5.6.2      Powers and Duties. 180

5.7         Downtown Advisory Commission.. 181

5.7.1      Powers and Duties. 181

section 6 -        zoning procedures. 183

6.1         PURPOSE. 183

6.2         PROCEDURES. 183

6.2.1      Pre-Application Meeting. 183

6.2.2      Application Submittal (Administrative Completeness Review) 184

6.2.3      Citizen Review Process. 186

6.2.4      Application Review and Report (Substantive Review) 188

6.2.5      Public Notice Requirements. 188

6.2.6      Public Hearing. 191

6.2.7      Written Decision. 191

6.2.8      Limitation on Reapplication. 191

6.2.9      Reconsideration or Rehearing of Decisions. 191

6.2.10        Amendments to Permits or Other Forms of Approval 192

6.2.11        Appeals. 192

6.2.12        Appeals of Dedications or Exactions to Hearing Officer 194

6.2.13        Effective Date and Exercising Approval at Risk. 194

6.3         REVIEW AUTHORITY. 195

6.4         GENERAL PLAN AMENDMENT. 195

6.4.1      Purpose and Applicability. 195

6.4.2      Initiation of Amendments. 195

6.4.3      Timing of Amendments. 196

6.4.4      General Plan Amendment Application Process. 196

6.4.5      Issues for Consideration. 198

6.4.6      Appeal 199

6.5         AMENDMENTS TO ZONING ORDINANCE TEXT. 200

6.5.1      Purpose and Applicability. 200

6.5.2      Initiation of Amendments. 200

6.5.3      Text Amendment Application Process. 200

6.5.4      Issues for Consideration. 202

6.5.5      Appeal 203

6.6         AMENDMENTS TO ZONING MAP (REZONE) 203

6.6.1      Purpose and Applicability. 203

6.6.2      Initiation of Amendments. 203

6.6.3      Rezone Application Process. 203

6.6.4      Issues for Consideration. 205

6.6.5      Revocation or Modification. 205

6.6.6      Appeals. 206

6.7         CONDITIONAL USE PERMIT. 206

6.7.1      Purpose and Applicability. 206

6.7.2      Types of Conditional Uses. 207

6.7.3      Conditional Use Permit Application Process. 207

6.7.4      Required Findings. 209

6.7.5      Expiration and Time Extensions: 210

6.7.6      Revocation or Modification. 210

6.7.7      Appeal 211

6.8         TEMPORARY USE PERMIT. 211

6.8.1      Purpose and Applicability. 211

6.8.2      Types of Temporary Uses. 211

6.8.3      Temporary Use Permit Application Process. 211

6.8.4      Required Findings. 212

6.8.5      Appeal 212

6.9         VARIANCE. 212

6.9.1      Purpose and Applicability. 212

6.9.2      Variance Application Process. 213

6.9.3      Required Findings. 214

6.9.4      Expiration and Time Extensions. 216

6.9.5      Revocation. 216

6.9.6      Appeals. 216

6.10       SIGN PERMIT, COMPREHENSIVE SIGN PACKAGE AND MASTER SIGN PROGRAM... 217

6.10.1        Purpose and Applicability. 217

6.10.2        Sign Permit and Comprehensive Sign Package Application Process. 217

6.10.3        Master Sign Program Application Process. 218

6.10.4        Master Sign Program Required Findings. 218

6.10.5        Revocation. 219

6.10.6        Appeal 219

6.11       SITE PLAN REVIEW... 219

6.11.1        Purpose and Applicability. 219

6.11.2        Site Plan Process. 220

6.11.3        Required Site Plan Information. 221

6.11.4        Issues for Consideration. 222

6.11.5        Final Inspection. 223

6.11.6        Expiration of Approval 223

6.11.7        Revocation. 223

6.11.8        Appeal 223

6.12       ANNEXATION.. 223

6.12.1        Purpose. 223

6.12.2        Initiation of Annexations. 224

6.12.3        Annexation Process. 224

section 7 -        ENFORCEMENT. 225

7.1         PURPOSE. 225

7.2         ENFORCEMENT RESPONSIBILITIES. 225

7.2.1      Building and Code Compliance. 225

7.2.2      Code Compliance. 225

7.3         GENERAL ENFORCEMENT. 225

7.4         TYPES OF VIOLATIONS AND OFFENSES. 226

7.5         VIOLATION REMEDIES. 226

7.5.1      Deny or Withhold Entitlements. 226

7.5.2      Entitlement Approved with Conditions. 226

7.5.3      Revoke Entitlements. 226

7.5.4      Stop Work. 227

7.5.5      Abatement 227

7.5.6      Other Remedies. 227

7.6         CRIMINAL AND CIVIL PENALTIES. 227

7.6.1      Class One Misdemeanor 227

7.6.2      Civil Citation. 227

7.7         CONTINUATION OF PRIOR ENFORCEMENT ACTIONS. 228

7.8         CUMULATIVE PROCEDURES AND REMEDIES. 228

section 8 -        nonconformities. 229

8.1         PURPOSE. 229

8.2         GENERAL PROVISIONS. 229

8.2.1      Authority to Continue. 229

8.2.2      Determination of Nonconformance Status. 229

8.2.3      Change of Ownership or Tenancy. 229

8.2.4      Maintenance and Minor Repair 229

8.3         NONCONFORMING BUILDINGS AND STRUCTURES. 230

8.3.1      Continuance. 230

8.3.2      Expansion, Enlargement and Modification. 230

8.3.3      Destruction and Replacement 230

8.4         NONCONFORMING USES. 231

8.4.1      Expansion, Enlargement and Modification. 231

8.4.2      Change of Use. 231

8.4.3      Loss of Nonconforming Status. 231

8.4.4      Conditional Uses. 231

8.5         NONCONFORMING LOTS OF RECORD.. 232

8.6         NONCONFORMING SIGNS. 232

section 9 -        definitions & Acronyms. 233

A………………………………………………………………………………………………………………………………………………………………………233

B………………………………………………………………………………………………………………………………………………………………………240

C………………………………………………………………………………………………………………………………………………………………………243

D………………………………………………………………………………………………………………………………………………………………………248

E………………………………………………………………………………………………………………………………………………………………………251

F………………………………………………………………………………………………………………………………………………………………………253

G………………………………………………………………………………………………………………………………………………………………………257

H………………………………………………………………………………………………………………………………………………………………………259

I………………………………………………………………………………………………………………………………………………………………….……261

J…………………………………………………………………………………………………………………………………………………………………….…262

K………………………………………………………………………………………………………………………………………………………………………263

L………………………………………………………………………………………………………………………………………………………………………264

M.…………………………………………………………………………………………………………………………………………………….………………268

N………………………………………………………………………………………………………………………………………………………………………271

O………………………………………………………………………………………………………………………………………………………………………273

P………………………………………………………………………………………………………………………………………………………………………276

R………………………………………………………………………………………………………………………………………………………………………278

S………………………………………………………………………………………………………………………………………………………………………281

T………………………………………………………………………………………………………………………………………………………………………290

U………………………………………………………………………………………………………………………………………………………………………292

V………………………………………………………………………………………………………………………………………………………………………293

W…………………………………………………………………………………………………………………………………………………………………….294

Y………………………………………………………………………………………………………………………………………………………………………297

Z………………………………………………………………………………………………………………………………………………………………………298

Acronyms  299

 

 

 

 

 

 

 

 

 

section 1 - Title, Purpose and Scope

1.1      AUTHORITY

This Zoning Ordinance is enacted based on the authority granted by the Eloy City Code and the laws of the State of Arizona, including but not limited to, Arizona Revised Statutes §9-461 and §9-462, which provide for municipal planning and municipal zoning in Arizona.

1.2    TITLE

This Ordinance shall be known as the City of Eloy Zoning Ordinance and is referred to throughout this document as "this Ordinance”.

1.3    PURPOSE

The purpose of this Ordinance is to:

A.       Promote the health, safety, convenience and general welfare of the citizens of the City of Eloy, Arizona;

B.       Facilitate the orderly growth of Eloy and ensure the adequate provision of transportation, water, sewerage, schools, parks and other public facilities;

C.       Provide the minimum requirements for the implementation of the City of Eloy General Plan;

D.       Establish and utilize procedures that respond uniformly and consistently to development proposals;

E.        Enhance the character and the stability of the residential, commercial, industrial, and recreational areas of the City.

F.        Preserve open space, provide adequate light and air, avoid overcrowding of land and the excessive concentration of population by establishing zoning districts; and

G.       Impose regulations on the use of land, on the location, height and bulk of buildings and structures and establish standards for design and development.

1.4    APPLICABILITY

A.       The provisions of this Chapter shall administer the public and private use and development and the uses of all buildings, structures, and land within the corporate limits of the City of Eloy.

B.       Any use not described and included in this Chapter as a permitted use, a use subject to conditions, or a use subject to a conditional use permit within a specific zoning district shall be prohibited and is a violation of this Chapter.

C.       No building, structure, or land shall be used or occupied, and no building, structure, or land shall be developed or expanded upon, and no permit shall be issued for any building, structure, or land unless it is in conformity with all applicable provisions of this Chapter. Any permit issued in conflict with the terms or provisions of this Chapter is subject to revocation and/or work stoppage order.

D.       This Chapter is intended to benefit the public as a whole and not any specific person or class of persons. Through the implementation, administration and enforcement of this Chapter, benefits and detriments will be enjoyed or suffered by specific individuals, such conditions are merely byproducts of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed on the City of Eloy shall not be enforceable in tort.

1.5      CONSISTENCY WITH THE ELOY GENERAL PLAN AND OTHER ADOPTED REGULATIONS

This Chapter is intended to implement the goals, objectives and implementation strategies of the "Eloy General Plan" and other applicable adopted regulations and is hereby deemed to be in conformance with the adopted General Plan. Any amendments to, or actions pursuant to this Chapter, shall be in conformance with the Eloy General Plan, as it may be amended from time to time.

1.6    TRANSITIONAL PROVISIONS

The following rules shall apply to all properties in the City as of the effective date of this Zoning Ordinance:

1.6.1     Violations Continue

Any violation of the Zoning Ordinance previously in effect (2004 Zoning Ordinance) will continue to be a violation under this Zoning Ordinance and shall be subject to the penalties and enforcement provisions provided in Section 7, unless the use, development, construction or other activity complies with the provisions of this Zoning Ordinance.

1.6.2     Uses Rendered Nonconforming Under Prior Ordinance

Any legal nonconformity existing under the previous Zoning Ordinance shall also remain a legal nonconformity under this Ordinance, so long as the condition(s) that resulted in the legal nonconforming status under the previous Ordinance continues to exist. If a legal nonconformity under the previous Ordinance becomes conforming because of the adoption of this Ordinance, then said use or structure will no longer be considered a nonconformity.


 

1.6.3     Uses Rendered Nonconforming Under This Ordinance

A.       When a building, structure, or lot is used for a purpose that was a lawful use before the effective date of this Zoning Ordinance, and this Zoning Ordinance no longer classifies such use as an allowed use in the zoning district in which it is located, such use shall be considered nonconforming and shall be controlled by Section 8.

B.       Where any building, structure, or lot that legally existed on the effective date of this Zoning Ordinance, and now does not meet all standards set forth in this Zoning Ordinance, such building, structure, or lot shall be considered nonconforming and shall be controlled by Section 8.

1.6.4     Applications Filed Prior to the Effective Date

A.       Pending Applications Filed Prior To the Effective Date

1.    Complete applications for new developments or amendments including, but not limited to Site Plan Review and Approval, Conditional Use Permits, and Rezonings filed prior to the effective date of this Zoning Ordinance may be approved under the provisions of the Zoning Ordinance previously in effect (2004 Zoning Ordinance).
2.    Applicants who have submitted an application that has been deemed complete, but upon which no formal action has been determined prior to the effective date of this Zoning Ordinance, may request review under this Zoning Ordinance by submitting a written letter to the Community Development Director.
3.    If the applicant fails to comply with any applicable required period for submittal or other procedural requirements in accordance with the Zoning Ordinance in effect on the date the application was deemed complete, the application shall expire and subsequent applications shall be subject to the requirements of this Zoning Ordinance.

B.         New Applications Filed After the Effective Date

1.    All applications for new developments including, but not limited to, Site Plan Review and Approval, Conditional Use Permits, and Rezonings, filed on or after the effective date of this Zoning Ordinance, including modifications and amendments, shall conform to the provisions of this Zoning Ordinance.

1.6.5     Developments with Approvals or Permits

A.       Conditional Use Permit Approved Prior to Effective Date

An applicant for a use for which a Conditional Use Permit has been approved prior to the effective date of this Ordinance may file an application for a Building Permit, even if the use does not fully comply with the provisions of this Zoning Ordinance. If a Building Permit application is not filed within one (1) year from the date of approval of the Conditional Use Permit, it shall expire. No time extensions shall be permitted. Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.

 

B.       Site Plan Approved Prior to Effective Date

An applicant whose development has received Site Plan Approval prior to the effective date of this Ordinance may file an application for a Building Permit in compliance with the approved site plan and any conditions of approval, even if the development does not comply with the provisions of this Zoning Ordinance. Upon approval of construction plans for the development, a Building Permit may be issued. Site Plan approval for developments approved prior to the effective date of this Zoning Ordinance shall be valid for one (1) year from the date of Plan Approval. No time extensions shall be permitted. Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.

C.       Preliminary Subdivision Plat Approved Prior to Effective Date

A project which has a preliminary plat approved prior to the effective date of this Ordinance may file an application for a final subdivision plat and improvement plan approval, even if the subdivision does not fully comply with the provisions of this Ordinance. If a final plat application is not filed within eighteen (18) months as provided by the Subdivision Regulations, of the date of preliminary plat approval, the preliminary plat shall expire. No time extensions shall be permitted. Subsequent preliminary plat applications shall comply with this Zoning Ordinance and the Eloy Subdivision Regulations.

D.       Building Permit Reviewed or Issued Prior to Effective Date

1.    Any building, structure, or sign for which a lawful Building Permit is issued or for which a complete Building Permit or Sign Permit application, as determined by the Community Development Director, has been filed prior to the effective date of this Zoning Ordinance, may be constructed and completed in conformance with the permit and other applicable approvals, permits and conditions, even if such building, structure or sign does not fully comply with this Zoning Ordinance. If construction is not commenced in compliance with the applicable permit terms, the Building Official may grant an extension in compliance with the provisions of the Building Code. If the building, structure, or sign has not been completed before the building permit or any extension of the permit expires, then the building, structure, or sign shall be constructed, completed or occupied only in compliance with this Ordinance.
2.    For any building, structure, or development for which plans have been reviewed and approved by the City, under the terms of the previous ordinance, the applicant has one hundred eighty calendar (180) days from the date the City notifies him/her that the plans are approved and permits are ready to be issued; and to pay for said permit and commence construction; said building, structure, or development shall be in compliance with this Chapter.

 

1.6.6     Waiver of Requirements

A.       Properties for Which the Owner Believes the Adoption of this Ordinance has a Direct Effect Upon and has caused a Diminution of Value. (A.R.S. §12-1134)

B.       If a property owner has reason to believe the adoption of this Ordinance and the requirement(s) related to this Ordinance have directly reduced the fair market value of their property, a Waiver of Requirements from this Ordinance, in favor of all requirements of the Zoning Ordinance in effect previous to June 6, 2004, may be applied. Actions establishing the initiation of this waiver must be made before 3 years from the date of adoption, June 25, 2018.

1.7    CONFLICTING PROVISIONS

1.7.1     Provisions Interpreted as Minimum Requirements

The standards and regulations established by this Ordinance shall be construed to be the minimum requirements necessary for the promotion of public health, safety, or other general welfare. Minimum values are not intended to be target values. In some instances, conditions may create the need to exceed stated minimum standards.

1.7.2     Relation to Other Regulations

The regulations of this Ordinance and requirements or conditions imposed pursuant to this Ordinance shall not supersede any other regulations or requirements adopted or imposed by the State of Arizona, or any federal agency that has jurisdiction by law over uses and development authorized by this Ordinance. All uses and development authorized by this Ordinance shall comply with all other such regulations and requirements. Where conflict occurs within this Ordinance or between the provisions of this Ordinance and any other City Ordinance, chapter, resolution, guideline or regulation, (such as, but not limited to, fire codes, building codes, or engineering standards) the more restrictive provisions shall control, as determined by the Community Development Director, unless otherwise specified herein.

1.7.3     Relation to Private Agreements

The provisions of this Ordinance shall apply regardless of any private agreements in the event that the provisions of this Ordinance are more restrictive. Otherwise, this Ordinance shall not interfere with, affect or annul any recorded easement, covenant, or other private agreement now in effect, unless a Development Agreement has been authorized by the City Council and executed by recording said agreement with the Pinal County Recorder’s Office, pursuant to A.R.S §9-500.05.


 

1.8    RULES FOR INTERPRETATION

1.8.1     Zoning/Land Use Regulations

A.       Where uncertainty exists regarding the interpretation of any provision of this Ordinance or its application to a specific site, the Zoning Administrator shall determine the intent of the provision as defined under Section 5.5. The determination of the Zoning Administrator may be appealed in accordance with the provisions of Section 6.2.11.

B.       This Chapter is not intended to interfere with, abrogate, or annul any existing provisions of other laws or ordinances, except those zoning and building ordinances specifically repealed by this Chapter, and provided that they are not in conflict with this Chapter. In the event of a conflict, the provisions of this Chapter shall govern. This Chapter also is not intended to interfere with, abrogate, or annul any private agreements between persons, such as easements, deeds, and /or covenants, except that if this Chapter imposes higher standards or a greater restriction on land, buildings or structures than an otherwise applicable provision of a law, ordinance, or a private agreement, the provisions of this Chapter shall prevail.

C.       Where other laws, ordinances, or private restrictions are more restrictive, the City cannot enforce the more restrictive laws, ordinances, or private restrictions as a part of this Chapter.

D.       This Chapter amends the entire contents of all other Zoning Ordinances previously adopted by the City of Eloy, Arizona.

1.8.2     Official Zoning Map

Where uncertainty exists regarding the boundary of a zoning district, the provisions and rules set forth in Section 2.1.3 shall apply.

1.9    SEVERABILITY

A.        If any court of competent jurisdiction shall adjudge any provision of this Chapter to be invalid, such judgment shall not affect any other provisions of this Chapter not specifically included in said judgment.

B.        If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Chapter to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.

 

 

 

section 2 -       zoning districts

2.1    ZONING DISTRICTS AND MAP ESTABLISHED

2.1.1     Zoning Districts Established

All lands located within the incorporated limits of the City of Eloy are hereby zoned and organized into a coordinated set of residential and non-residential zoning districts and overlay districts. These districts are established to implement the goals, objectives and policies of the Eloy General Plan and to conserve and promote the public health, safety and general welfare.  Residential zoning districts are primarily intended to create, maintain and promote a variety of neighborhoods that allow a range of compatible densities to accommodate the desired physical character of the City. Nonresidential districts uses are also allowed to improve the overall quality of life by providing a convenience of services and goods for Eloy residents and provide public facilities necessary to create a healthy and safe environment in which to live.

 

Table 2.1-1:  Zoning Districts Established

Abbreviation

Zoning District

Previous Zoning

Residential Districts

 

(RR-20)

Rural Residential; min. 20 acres per du

Rural Residential

(RR-5)

Rural Residential; min. 5 acres per du

Rural Residential

(RR-2.5)

Rural Residential; min 2.5 acres per du

New

(R1-54)

Estate Residential; min. 54,450 sq. ft. per du

New

(R1-43)

Estate Residential; min. 43,560 sq. ft. per du

Estate Residential

(R1-12)

Single-family Residential; min. 12,000 sq. ft. per du

Low Density Residential

(R1-6)

Single-family Residential; min. 6,000 sq. ft. per du

Medium Density Residential

(R-2)

Small Lot Residential; 6-10 du’s per acre

Medium High Density Residential

(R-3)

Multiple-Family Residential; 10-24 du’s per acre

High Density Residential

Commercial and Mixed-Use Districts

 

(C-1)

Neighborhood Commercial District

Neighborhood Commercial

(C-2)

General Commercial District

Community Commercial

(MU)

Mixed-Use

New

Business and Industrial Districts

 

(BP)

Business Park

New

(I-1)

Light Industrial

Light Industrial

(I-2)

General Industrial

General Industrial

Open Space Districts

 

(OSC)

Open Space Conservation District

Open Space Conservation

(OSR)

Open Space Recreation District

Open Space Recreation

Overlay Zoning Districts

 

(PAD)

Planned Area Development

Planned Area Development

(MHS)

Manufactured Home Overlay Subdivision

Manufactured Home

(AO)

Aviation Overlay

Airport

(DCO)

Downtown Core Overlay

Community Core

*Ordinance # 18-880 (code) and #18-878 (map) - effective August 23, 2018.

2.1.2     Zoning Map Established

A.       The location and boundaries of the zoning districts established by this Ordinance shall be designated upon the official “Zoning Map of the City of Eloy”. The Zoning Map, together with all data shown on the map and all amendments hereafter adopted, is by reference made a part of this Ordinance.

B.       The official zoning map of the City of Eloy, dated and signed by the Mayor and City Clerk, is hereby adopted and shall be located in the office of the City Zoning Administrator with a copy retained on file with the City Clerk. All future changes adopted by the Eloy City Council to the Official Zoning Map of the City of Eloy shall be clearly documented by the City Zoning Administrator on the official zoning map adopted on the date and year set forth herein.

1.    Any changes to the official Zoning Map shall be considered an amendment to the Official Zoning Map and filed in accordance with Section 6.6 of this Ordinance.
2.    The Official Zoning Map may, from time to time, be republished to delineate any change of zoning approved pursuant to Section 6.6 of this Ordinance or any other amendments thereto.

2.1.3     Boundary Determination

A.       Where uncertainty exists concerning the boundaries of any Zoning District shown on the Official Zoning Map, the following rules shall apply:

1.    Where Zoning District boundaries are indicated as approximately following street or alley center lines, such center lines shall be construed to be the district boundary.
2.    Where Zoning District boundaries are so indicated that they approximately follow property lines, such property lines shall be construed to be the district boundary.
3.    Where Zoning District boundaries divide a lot or parcel, the zoning boundary shall be determined by using the scale of the Official Zoning Map, unless indicated by legal description with distance and bearing or other dimension. Such Zoning District boundary shall be considered a "lot line" as defined herein. lf the area created by such lot line does not comply with the designated district lot area and lot width requirements, zoning for the entire parcel shall be that which is applied to the largest portion of the property.
4.    Where a public street or alley, railroad, or utility right-of-way is officially vacated or abandoned, the property that was formerly in the right-of-way will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned right-of-way or easement.
5.    Where a Zoning District boundary divides a lot or parcel, the location of such boundary, unless indicated by legal description with distance and bearing or other dimension, shall be determined by scaling the Official Zoning Map by the City Zoning Administrator.
6.    Where a lack of clarity or disagreement concerning the exact location of a zoning district line exists, determination shall lie with the interpretation of the City Zoning Administrator as defined under Section 5.5. The determination of the Zoning Administrator may be appealed in accordance with the provisions of Section 6.2.11 (Appeals).

2.2    RESIDENTIAL DISTRICTS

2.2.1     General Purpose

Residential zoning districts are primarily intended to create, maintain and promote a variety of neighborhoods that allow for a range of compatible densities to accommodate the desired physical character of the City. These districts primarily accommodate residential uses; however, some nonresidential uses are also allowed to provide other uses necessary to support a healthy, sustainable and safe environment. These uses also include associated, limited nonresidential uses that are required by law such as religious, educational and recreational facilities. The residential districts are described in Section 2.2.2.

2.2.2     Residential Districts

Rural Residential (RR-20)

The purpose of this rural residential zoning district is to provide areas for large, more intense agricultural activities, ranching land uses, and their related activities, in appropriate locations with buffering to mitigate the negative impacts upon, or from, such operations. The minimum lot size is twenty (20) acres. The intent is to protect areas that exhibit productive agricultural soils and existing or desired ranching uses from incompatible land uses and urban encroachment. This district is appropriate where very low density residential development is desired, where minimal public facilities and services are programmed or anticipated, and in aviation overflight areas. The RR-20 zoning district may also act as a holding zone to prevent the premature conversion of rural lands to suburban or urban uses and until there exists adequate public facilities and an appropriate development plan.

 

Rural Residential (RR-5)

The purpose of this rural residential zoning district is to provide for, and conserve, existing rural, ranch, and very low density residential uses in their present or desired character, and to foster orderly growth. The minimum lot size is five (5) acres. The intent of this district is to allow for areas where small ranching and semirural residential uses can be maintained without imposing/receiving conflicts from higher density development. This district is appropriate where low density development is desired, as a buffer for these uses from the more intense agricultural uses of the RR-20 district, and in aviation overflight areas.

 

Rural Residential (RR-2.5)

The purpose of this rural residential zoning district is to provide an open, low-density country residential atmosphere on large lots. Lots are typically larger than in the developed portion of the City and can include area(s) for large livestock for non-commercial purposes. The minimum lot size is two and one half (2.5) acres. This district is compatible with the Estate Residential districts and can also serve as a buffer and transition to the higher density residential districts.

Estate Residential (R1-54)

The purpose of this estate residential district is to provide an appropriate zoning district for the transition of newly annexed property into the City of Eloy, so as to equitably accommodate a comparable zoning district affording similar densities and intensities of residential land uses that were prescribed under the former county zoning district designation.  The minimum lot size is 54,450 square feet (approximately 1.25 acres). This district is compatible with Rural Residential and Estate Residential zoning districts, but could also be utilized as a holding district until future zoning requests that are consistent with the General Plan land use designation(s) can be established. Single-family homes in this district shall not include manufactured or mobile homes unless approved in conjunction with a separate/additional Overlay Zoning District.

Estate Residential (R1-43)

The purpose of this estate residential zoning district is to foster orderly growth in the transitional or fringe areas, whereby large lot residential uses would be most appropriate.  The minimum lot size is 43,560 square feet (1.0 acre). The intent of this district is to provide a pastoral character and home sites that create an open environment and to provide a transition land use buffer between the rural land uses and single-family residential land uses. Single-family homes in this district shall not include manufactured or mobile homes unless approved in conjunction with a separate/additional Overlay Zoning District.

Single-family Residential (R1-12)

The purpose of this single-family residential district is to provide a transition from rural residential and/or estate development to more suburban residential neighborhoods. Development in this district is generally comprised of moderate sized-lot (minimum 12,000 square feet in area) single-family detached homes with more conventional residential amenities such as sidewalks, public utility services and other improvements. Single-family homes in this district shall not include manufactured or mobile homes unless approved in conjunction with a separate/additional Overlay Zoning District.

Single-family Residential (R1-6)

The purpose of this single-family residential zoning district is to provide smaller lot sizes than other single-family districts while maintaining a traditional single-family neighborhood character. Development in this district should also include non-motorized linkages to community and neighborhood services such as schools, parks and shopping areas. All public utilities and facilities must be in place at the time of first dwelling unit occupancy. Certain essential and complementary uses are permitted under Residential Use Standards which ensure their compatibility with the character of the district. Single-family homes in this district shall not include manufactured or mobile homes unless approved in conjunction with a separate/additional Overlay Zoning District.

 

Small Lot Residential (R-2)

The purpose of this small lot residential zoning district is to provide for neighborhoods consisting of a mixture of single-family detached and attached homes including small-lot residential dwellings such as duplexes, townhomes, and/or patio homes together with schools, parks, trails and other supportive public facilities. Anticipated project densities may range between 6-10 dwelling units per acre (gross), with heights limited to two (2) stories. This district may serve as a transition between multi-family residential districts and single-family residential districts. Single-family homes in this district shall not include manufactured or mobile homes unless approved in conjunction with a separate/additional Overlay Zoning District.

 

Multiple Family Residential (R-3)

The purpose of this multiple family residential zoning district is to allow for higher densities to provide a balance of housing opportunities in the community. Anticipated project densities may range between 10-24 dwelling units per acre (gross), with typical heights limited to three (3) stories. This district is most appropriate in the downtown area, adjacent to large shopping or employment centers, or within a large PAD. The district requires direct connection to higher volume roadways and all public utilities. The maximum density is 24 dwelling units per acre. 

2.2.3     Residential Use Standards

The “Table of Allowed Uses for Residential Districts” (Table 2.2‑1), lists land uses and indicates whether they are permitted by right or with approval of a conditional use permit (CUP), or prohibited within each Zoning District. The Use Table also includes references to additional use-specific standards that may be applicable to that use. The organization headings and individual abbreviations utilized in the table are identified as follows:

A.       Use Category

         The “use category” is intended to provide a quick reference to organize the specific uses. Such categories are not regulatory.

B.       Specific Use Type

         The “specific use type” is regulatory and function as the basis for listing the existing and future land uses that are considered in each zoning district.  Rather than list every possible individual land use type, this list classifies individual land uses and activities into specific use types based on common functional, product or physical characteristics; such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions. The definition of each specific use type is located in Section 9, “Definitions”.

C.       Permitted Uses (P)

         A “P” in a cell indicates that the use is allowed by right in the respective zoning district.

D.       Conditional Uses (C)

         A “C” in a cell indicates that the use is allowed with a Conditional Use Permit in the respective zoning district. Conditional Use Permits must be reviewed and approved by both the Planning & Zoning Commission and City Council, in accordance with the procedures of Section 6.7.

E.        Not Permitted (NP)

         An “NP” in a cell indicates that the use is not permitted (is prohibited) in the respective zoning district.

F.        Overlay District Uses (O)

         An “O” designates uses that may be permitted but must exercise the use of a Zoning Overlay District used in conjunction with the underlying zoning district. Zoning Overlay Districts must be considered and approved by the Planning & Zoning Commission and City Council.

G.       Use-Specific Standards

         Section numbers listed in the “Supplemental Use Regulations” column denote the location of additional regulations that are applicable to the specific use type; however, provisions in other sections of this Ordinance may also apply.

H.       Non-Specified Uses

         When a use cannot be reasonably classified into a specific use type, or appears to fit into multiple specific use types, the Zoning Administrator is authorized to determine the most similar, and thus most appropriate, specific use type based on the actual or projected characteristics of the individual use or activity (including but not limited to size, scale, operating characteristics and external impacts) in relationship to the specific use type definitions provided in Section 9.  Appeal of the Zoning Administrator’s decision may be filed with the Community Development Department and heard by the Board of Adjustment in conformance with the procedures of Section 6.2.11.

 

Table 2.2‑1: Table of Allowed Uses for Residential Districts

Use Category

Specific Use Type

P = Permitted Use     C = Conditional Use     NP = Not Permitted    O=Overlay District

Residential Zoning Districts

RR-20

RR-5

RR-2.5

R1-54

R1-43

R1-12

R1-6

R-2

R-3

PF

Supplemental Use Regulations

Residential

Assisted Living Center

NP

NP

NP

NP

NP

NP

NP

NP

C

NP

3.1.5

Assisted Living Home

P

P

P

P

P

P

P

NP

NP

NP

 

Child Care, Home

P

P

P

P

P

P

P

P

P

NP

3.1.12

Caretaker Living Quarters

P

P

P

C

C

NP

NP

NP

NP

NP

3.1.9

Dwelling, Duplex

NP

NP

NP

NP

NP

NP

NP

P

P

NP

 

Dwelling, Manufactured Home*

P/O

P/O

P/O

P/O

P/O

P/O

P/O

NP

NP

C

 

Dwelling, Modular Home

P

P

P

P

P

P

P

P

NP

C

 

Dwelling, Multi-Family

NP

NP

NP

NP

NP

NP

NP

NP

P

NP

 

Dwelling, Single-Family Attached

NP

NP

NP

NP

NP

NP

NP

P

P

NP

 

Dwelling, Single-Family Detached

P

P

P

P

P

P

P

P

NP

NP

 

Group Care Home

P

P

P

P

P

P

P

NP

NP

NP

3.1.21

Manufactured Home, Park *

P/O

P/O

P/O

P/O

P/O

P/O

P/O

P/O

NP

NP

2.67.6

Nursing Home

NP

NP

NP

NP

NP

NP

NP

C

C

NP

3.1.28

Recreational Vehicle, Park *

P/O

P/O

P/O

P/O

P/O

P/O

P/O

NP

NP

NP

2.7.10

Resident Care Home

P

P

P

P

P

P

P

NP

NP

NP

3.1.34

Tiny Houses

P

P

P

P

P

P

P

P

P

P

3.1.39

Vacation Home Rentals

P

P

P

P

P

P

P

P

P

NP

 

Public and Semi Public

Assembly Hall/       Auditorium

NP

NP

NP

NP

NP

NP

NP

NP

C

P

 

Campground*

P/O

P/O

P/O

P/O

P/O

P/O

P/O

P/O

NP

NP

3.1.8

Child Care, Center

NP

NP

NP

NP

NP

NP

NP

C

C

NP

3.1.11

College or University

NP

NP

NP

NP

NP

NP

NP

NP

C

P

3.1.13

Community Playfields and Parks

P

P

P

P

P

P

P

P

P

NP

 

Community Recreation Center

P

P

P

P

P

P

P

P

P

P

 

Country Club, Private

P

P

P

P

P

P

P

P

P

NP

 

Cultural Facility

C

C

C

C

C

C

C

C

C

P

 

Fraternal or Social Club, Nonprofit

NP

NP

NP

NP

NP

NP

NP

C

C

C

 

Library

P

P

P

P

P

P

P

P

P

P

 

Non-Profit/Non-Governmental Organization

C

C

C

C

C

C

C

C

C

C

Public Safety Facility

P

P

P

P

P

P

P

P

P

P

 

Religious Assembly

P

P

P

P

P

P

P

P

P

NP

3.1.33

School, Boarding

C

C

C

C

C

NP

NP

NP

C

P

3.1.35

School, Public or Private, K-8

C

C

C

C

C

C

C

C

C

P

3.1.35

School, Public or Private, 9-12

C

C

C

C

C

C

C

C

C

P

3.1.35

Social Service Facility

NP

NP

NP

NP

NP

NP

NP

NP

C

P

 

Solar Generation Facility

C

C

C

C

C

NP

NP

NP

NP

C

3.1.38

Utility Facility and Service Yard, Major

C

C

C

NP

NP

NP

NP

NP

NP

P

 

Utility Facility, Minor

P

P

P

P

P

P

P

P

P

P

 

Wireless Facility (including tower and supporting facilities)

C

C

C

C

C

C

C

C

C

C

4.4

Agriculture

Agriculture, General (farming and ranching; no commercial activities or CAFO’s)

P

P

P

P

P

NP

NP

NP

NP

NP

3.1.3

Caretaker Living Quarters

P

P

NP

NP

NP

NP

NP

NP

NP

NP

3.1.9

Concentrated Animal Feeding Operation (CAFO)

C

NP

NP

NP

NP

NP

NP

NP

NP

NP

3.1.7

Dairy Farms (Commercial)

C

NP

NP

NP

NP

NP

NP

NP

NP

NP

3.1.16

Market Garden

P

P

P

P

P

C

C

C

NP

NP

 

Medical Marijuana Cultivation

C

C

NP

NP

NP

NP

NP

NP

NP

NP

3.1.24

Plant Nursery/Greenhouse

P

P

P

C

C

NP

NP

NP

NP

NP

 

Arizona/Pinal County 4H Program

P

P

P

P

P

C

C

NP

NP

NP

 

Produce Stand

C

C

C

NP

NP

NP

NP

NP

NP

NP

 

Ranching, Commercial

P

P

C

NP

NP

NP

NP

NP

NP

NP

 

Commercial

Commercial Riding Stables

C

C

NP

NP

NP

NP

NP

NP

NP

NP

3.1.14

Detention/ Correctional Facilities

C

C

NP

NP

NP

NP

NP

NP

NP

C

3.1.17

Extractive Industries

C

NP

NP

NP

NP

NP

NP

NP

NP

NP

3.1.19

Farmers Market

C

C

C

C

C

NP

NP

NP

C

NP

 

Feed Store

C

C

C

C

C

NP

NP

NP

NP

NP

 

Golf Course, Unlighted

P

P

P

P

P

P

P

P

P

NP

 

Animal Kennel/Shelter

P

C

C

NP

NP

NP

NP

NP

NP

NP

 

Parking Lots and Parking Structure

NP

NP

NP

NP

NP

NP

NP

NP

P

P

 

Resort

C

C

C

C

C

C

C

C

C

NP

 

NOTES:

*May be permitted in any residential zoning district with the application of a Manufactured Home Overlay District.

 

 

 

 

 

2.2.4     Residential Development Standards

The development standards identified in Table 2.2‑2 apply to all principal uses and structures in residential districts, except as otherwise expressly stated in this Ordinance. General exceptions to these regulations and rules for measuring compliance are identified in Section 6.9 and 2.1.3, respectively. Regulations pertaining to accessory uses and structures are identified in Section 3.2.

Table 2.22: Residential District Development Standards

 

Zoning District

Density, Maximum (dwelling units/ gross acre)

Lot Dimensions, minimum

Minimum Setbacks

Lot Coverage, maximum (%)

Building Height, maximum (ft.)

Lot area (sq. ft.)

Lot Width (ft.) [1]

Front (ft.)

Side (ft.)

Street Side

Rear (ft.)

RR-20

1 du/

20 acres

871,200

660

60

60

60

60

10

35

RR-5

1 du/

5 acres

217,800

330

50

30

50

50

15

35

RR-2.5

1 du/

2.5 acres

108,900

225

40

25

50

40

15

35

R1-54

1 du/

1.25 acres

54,450

150

30

20

40

30

20

35

R1-43

1 du/

1 acre

43,560

145

30

20

40

30

25

35

R1-12

1 du/ 12,000 sq. ft.

12,000

75

20 (2)

10

20

20

30

30

R1-6

1 du/ 6,000 sq. ft.

6,000

60

20

5 w/15 aggregate (4)

20

20

40

30

R-2

Single-family Detached

10 du’s/acre

3,500

35

15 (3)

5 (4)

10

10

50

35

All Other Uses

12 du’s /acre

7,000 site (6)

--

10

10 (5)

10

10 (5, 8)

50 (7)

35

R-3

Multiple Family Residential

10 du min.; 24 du max

7,000 site (6)

--

10

10 (5)

10

10 (5, 8)

60

40

NOTES:                                                                                                                                   

[1]   Lot width is measured at front setback.

[2]   Front setback shall be fifteen (15) feet for side entry garages and/or covered front porch.

[3]   Front setback shall be twenty (20) feet for front entry garages and carports.

[4]   For all corner lots adjacent to a public right-of-way, the minimum street side yard setback shall be twenty (20) feet.          

[5]   Zero (0) feet for dwelling units with common walls.

[6]   For Single-Family Attached uses within a single parcel, the minimum individual lot area per dwelling unit shall be 1,500 square feet.

[7]   For Single-Family Attached uses within a single parcel, the maximum individual lot/dwelling unit coverage shall be 95%.

[8] Minimum rear yard setback shall be 25 feet when adjacent to all other zoning districts except R-3.

[9]  The space in any required yard shall be open and unobstructed, except for the ordinary projections of chimney flues, awnings, open outside stairways and balconies, window sills, belt courses, cornices, eaves and other architectural features, provided such features shall not project farther than three feet (3') into any required yard, and provided further, that in no case shall such projections be nearer than five feet (5') to the property line or an adjacent projection from any adjacent lot.

[10] Bay windows, including their cornices and eaves, may project into any required yard not more than three feet (3'), provided the sum of such projections on any wall does not exceed one-third (1/3) the length of the wall; and provided, that in no case shall such projections be nearer than five feet (5') to the property line or an adjacent projection from any adjacent lot.

2.2.5     Single-family Residential Design Guidelines

The following design guidelines shall apply to single-family residential subdivisions and certain types of residential units built within the City other than those located in Planned Area Developments (PAD). The intent of these guidelines is to establish a minimum level of residential community expectations within Eloy as well as a consistent method of evaluating new projects. The guidelines set objectives for the developer/designer to meet and are not intended to restrict or impede creativity and imagination. In the event that a conflict exists between the provisions of this section and the Single-family Residential Districts chart, the provisions of this section shall prevail.

A.       General Guidelines for Single-Family Residential Subdivisions

1.    Each project shall have a unique entry feature at its primary entrances to provide individual identity to the development. Entry features may include a combination of the following elements: entrance paving, distinctive landscaping treatment, distinctive structural element (statue, windmill, etc.) planters, special wall/column treatment, gates and other entry features.
2.    A minimum six (6) foot and maximum eight (8) foot wall shall be required along the rear of reverse frontage single-family lots along collector or arterial streets. Such walls shall be constructed of slump block, brick, or masonry with stucco or mortar wash finish and decoratively designed with details such as inlaid tile or brick work, cap tiles, wall inserts, offsets, or pilaster treatments. Long, straight, unbroken walls are not permitted. Landscaping is required to be installed in accordance with City standards within collector or arterial rights-of-way.
3.    The undergrounding of all utilities less than 69kV (kilovolts), within and abutting the proposed development, shall occur prior to issuance of construction permits for the applicable phase of development.
4.    All new residential developments (subdivisions) shall be subject to all requirements set forth in the Eloy Subdivision Regulations.
5.    Compliance with the City’s Engineering Design Standards for public works construction and with Maricopa Association of Governments standards for public works construction, except for modifications agreed to by the City Engineer.
6.    Compliance with the Flood Plain Management Ordinance or the receipt of a letter of approval from the Pinal County Flood Control District explaining that the development is not located in the floodplain or the measures to protect development located in the floodplain.
7.    Separation of any production crops on land owned by the property owner for whom the rezoning is sought or such owners and successors on the property herein zoned by not less than fifty (50) feet from the nearest adjacent property boundary, if applicable.
8.     A Homeowner Association (HOA) shall be required to be formed for a new residential subdivision.

 

 

 

B.       Single-family Residential Site Design Guidelines

1.    Housing should foster a sense of neighborhood among nearby residents and a sense of community through linkage with surrounding neighborhoods.
2.    All new residential development (subdivisions) shall include a pedestrian and bicycle multi-use pathway as part of the required open space as per the Eloy General Plan. If applicable, such pathway shall be designed, located and oriented to provide: 1) pedestrian and bicycle accessibility within and around the development; 2) connections to adjacent developments to enhance a network of multi-modal circulation throughout the community; and 3) a buffer betweenundeveloped, less denselydeveloped lands and developed land use patterns.
3.    In an effort to reducestreet pavement widths and eliminatedriveway curb cuts,the use of alleyways with rear garage configurations and entryaccess points may be considered as a primarymeans of access to a residential lot.
4.    Developments containing alleyways shall plan and design the alleyways as a secure pedestrian way that links to the neighborhood pedestrian and bicycle multiuse pathways and open space system.
5.    The residential structure should have a strong relationship to the neighborhood street. A walkwayfrom the streetto the front entry is strongly encouraged.

C.       Single-family Residential Open Space Guidelines

1.    All residential developments (subdivisions) shall provide the minimum net acreage required by Subsection 15-598 of this Ordinance as open space. Developers shall set aside a minimum of fifteen percent (15%) open space (net acreage) in subdivisions platted under the R1-6 zoning districts. Not more than fifty percent (50%) of the required open space for any residential development (subdivisions) shall be attributed to golf course use or ancillary golf uses.
2.    Private (subdivision) open space areas shall be designated as a tract, which is owned and maintained by a homeowners' association. Said private open space shall be located to provide access and physical connections to adjacent neighborhoods and to the community open space network and trail system.
3.    If the open space area (subdivision) is to be dedicated for public use it shall be located to provide access and physical connections to adjacent neighborhoods and to the community open space network and trail system or to provide protection to adjacent public lands.
4.    The landscaped portion of a private street tract may be counted as open space only if the private street is constructed to the local street standards as shown in the City of Eloy Subdivision Ordinance. However, this landscaped area may not count towards more than twenty five percent (25%) of the required open space.

 

D.       Single-family Residential Architectural Guidelines

1.    Mirrored surfaces or reflective treatment that changes or enhances ordinary glass into a mirrored surface is prohibited. Bright untarnished metallic surfaces, including roof materials, shall be chemically treated so they are non-reflective.
2.    Earth tone paint and material colors shall have a light reflective value (LRV) no greater than forty percent (40%). Limited use of contrasting accenting colors in excess of forty percent (40%) LRV for small elements such as entryways and special architectural features of the building may be allowed.
3.    Roof mounted mechanical equipment is prohibited. Mechanical equipment, electrical meter and service components, propane tanks, coolers, water filters and similar utility equipment shall be installed at ground level or wall mounted and shall be screened from public view and designed to appear as an integral part of the building.
4.    All new single-family residences shall include a minimum two (2) car garage. Carports shall only be permitted in subdivisions with a manufactured home overlay; the design and materials of which shall be compatible with the main structure. Existing carports shall not be enclosed unless substituted with an additional carport or garage on the property. In RR-20, RR-5, RR-2.5, R1-54 and R1-43 zoning districts, the garage area shall not exceed thirty five percent (35%) of the front face plane of the residential structure.
5.    Detached garages and side entry garages are strongly encouraged.
6.    Front porches and courtyards are strongly encouraged and should provide a pedestrian connection, other than the driveway, to the street.
7.    Open gable roofs, emphasizing the lack of detail, should be avoided. Rooflines with differing heights and style combinations, stepping, or different orientations are strongly encouraged.
8.    All four exterior elevations of a residential structure shall provide architectural detailing; not just the front elevation.
9.    Window embellishments shall be provided on all houses by adding architectural features which enhance the elevations, e.g., sturdy synthetic wood substitutes, greater variation of window design, different window styles, tile inlays and recesses, structural pop outs, gabled roof features over the windows, etc. Such features must be added to all of the exterior elevations of the house to provide interest and relief.
10.  All tract home developments shall have a minimum of four (4) floor plans, with a minimum of three (3) distinctly different elevations for each floor plan. Additionally, a minimum of three (3) colors of roof material, three (3) styles of garage doors and three (3) exterior paint motifs shall be required to promote visual interest and architectural diversity. The same elevations shall not be utilized across from or adjacent to each other.

 

2.2.6     Multiple Family Residential Design Guidelines

A.       Each multiple family project shall have a unique entry feature at its primary entrance to provide individual identity to the development. Entry features may include a combination of some of the following elements: entrance paving, fountains, distinctive landscaping treatment, planters, special wall treatment, gates and other entry features.

1.    A minimum six (6) foot and maximum eight (8) foot wall shall be required along the rear of reverse frontage single-family lots along collector or arterial streets. Such walls shall be constructed of slump block, brick, or masonry with stucco or mortar wash finish and decoratively designed with details such as inlaid tile or brick work, cap tiles, wall inserts, offsets, or pilaster treatments. Long, straight, unbroken walls are not permitted. Landscaping is required to be installed in accordance with City standards within collector or arterial rights-of-way.
2.    The undergrounding of all utilities less than 69kV (kilovolts) within and abutting the proposed development prior to issuance of construction permits for the applicable phase of development.
3.    All new residential developments (subdivisions) shall be subjectto all requirements set forth in the Eloy Subdivision Regulations.
4.    Compliance with the City’s Engineering Design Standards for public works construction and with Maricopa Association of Governments standards for public works construction, except for modifications agreed to by the City.
5.    Compliance with the Flood Plain Management Ordinance or the receipt of a letter of approval from the Pinal County Flood Control District explaining that the development is not in the floodplain.
6.    Separation of any production crops on ground owned by the property owner for whom the rezoning is sought or such owners and successors on the property herein zoned by not less than fifty (50) feet from occupied dwelling units, if applicable.
7.    The creation of a Property Management Association shall be required for a new multiple family development project.

B.       Multiple Family Residential Site Design Guidelines

1.    All new multiple family residential developments (subdivisions) shall be subject to all requirements set forth in the Eloy Subdivision Regulations.
2.    Parking areas adjacentto the required front yard shall be screened by a decorative wall or landscape berm or combination thereof to a heightnot to exceed three feet (3') measured from the finish grade in order to adequately screen theundercarriages of the parked vehicles.
3.    Trash and refusecollection locations shall be screenedwith a six foot (6') decorative masonry wall that is finished to match the exterior elevation of the dwelling units. Trashand refuse areas shall be located such that they arenot the visual focal point of a driveway or parking area, and cannotbe viewed directly from apublic street.
4.    All multiple family residential developments, having more than four (4) dwelling units, shall provide amenities for the residents' use. Examples of such amenities are swimming pool, clubhouse, health and fitnesscenter, tennis courts,etc. The area utilizedby these amenitiesmay be credited as open space.
5.    Required covered parking shall provide motion sensor/detector light fixtures which are to be placedunder the parking shade canopy. The design and materials of the covered parking canopy shall be compatible with the main structure.
6.    All of the dwelling units within the development should have a strong design/orientation to one another,to the common open space and to the neighborhood street. A walkway from the street to the front entry is strongly encouraged.

C.       Multiple Family Residential Open Space Guidelines

1.    All multiple family residential developments shall be required to provide a minimum of four hundred (400) square feet of usable open space per dwelling unit. Usable open spaces may include both active and passive uses including, but not limited to pool facilities, open turf areas, trails (not including sidewalks between buildings), ballfields, tot lots and other similar features.
2.    All multiple residential developments shall adhere to the open space requirements of subsection 15-598 of this Code.

D.       Multiple Family Residential Architectural Guidelines

1.    Mechanical equipment, electrical meter and service components, propane tanks, coolers, water filters and similar utility equipment shall be installed at ground level or wall mounted and shall be screened from public view and designed to appear as an integral part of the building.
2.    All buildings shallincorporate three hundred sixty-degree (360°)architecture, a varietyof massing and building heights,and stepping rooflines. Straight rooflines should be varied by using offsets, differing heights, stepping, or different orientations to produce more variety withina development. Roof material shallnot be wood shake shingles.
3.    All of the exterior elevations of the structures shall provide interest and relief and utilize architectural detailing and overhanging eaves. Open gable roofs, emphasizing the lack of detail, shouldbe avoided. Embellishwindow treatments on buildings by adding architectural features, which enhance the elevations, e.g., gabled roof features over windows, structural pop outs, recesses, headers, tile inlays, different window designs and styles.
4.    Reflective building materials are prohibited. Mirrored surfaces or any treatment that changes ordinaryglass into a mirrored surfaceare prohibited. Metallic surfaces, including roof materials, shall be chemically treated to be non-reflective. Earth tone paint and material colors shall have a light reflective value (LRV) no greater than forty percent (40%). Limited use of contrasting accenting colors in excess of forty percent (40%) LRV for small elementssuch as entryways and special architectural featuresof the building may be allowed.
5.    The building materials of a project shall be durable, require low maintenance, and be of the same or higher quality as surrounding developments. All multiple residential buildings shall have a permanent foundation and a garage,carport or coveredparking canopy.
6.    All tract home developments shall have a minimum of four (4) floor plans, with a minimum of three (3) distinctly different elevations for each floor plan. Additionally, a minimum of three (3) colors of roof material, three (3) styles of garage doors and three (3) exterior earth tone paint colors shall be required to further promote visual interest and architectural diversity. The same elevations shall not be utilized across from or adjacent to each other.

2.3    COMMERCIAL DISTRICTS

2.3.1     General Purpose

The purpose of the commercial and mixed-use districts is to provide for a variety of goods, services and housing, each suited to specific retail, office, entertainment, and moderate to high density residential uses in order to foster economic health, community sustainability and also to maintain compatibility with adjacent uses. These districts are intended to provide attractive, well-designed developments that are appropriately located along primary roadways and multi-modal transportation facilities to serve Eloy residents, customers, and visitors.

2.3.2     Commercial and Mixed-Use Districts

Neighborhood Commercial District (C-1)

The purpose of this commercial zoning district is to provide a location for small scale, well designed professional offices and smaller shops and services in convenient locations to meet the daily needs of residents in the surrounding neighborhood. It is intended that this district restrict its range of uses to those that satisfy the daily commercial, office, and service needs of the immediate surrounding neighborhood.

General Commercial District (C-2)

The purpose of this commercial zoning district is to provide a location for general business and commercial uses. The intent of this district is to allow for larger commercial uses to satisfy the needs of the community at large while providing for a broad range of retail, office and service oriented activities.

Mixed-Use District (MU)

The purpose of this mixed-use district is to allow the inclusion of both residential and non-residential uses, either vertically or horizontally, on one parcel of land. The intent is to promote site and building design that accommodates multi-modal mobility that creates opportunities to live, work and recreate within newly developing greenfield sites, near existing neighborhoods and/or near the Downtown Core area. Residential densities ranging from 10 to 24 dwelling units per acre are permitted.


 

2.3.3     Commercial and Mixed-Use Standards 

The “Table of Allowed Uses for Commercial and Mixed-Use Districts” (Table 2.3‑1), lists land uses and indicates whether they are permitted by right or with approval of a conditional use permit (CUP), or prohibited within each Zoning District. The Use Table also includes references to additional use-specific standards that may be applicable to that use. The organization headings and individual abbreviations utilized in the table are identified as follows:

A.       Use Category

The “use category” is intended to provide a quick reference to organize the specific uses. Such categories are not regulatory.

B.       Specific Use Type

The “specific use type” is regulatory and functions as the basis for listing the existing and future land uses that are considered in each zoning district.  Rather than list every possible individual land use type, this list classifies individual land uses and activities into specific use types based on common functional, product or physical characteristics; such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions. The definitions of each specific use type are located in Section 9, “Definitions”.

C.       Permitted Uses (P)

A “P” in a cell indicates that the use is allowed by right in that zoning district.

D.       Conditional Uses (C)

A “C” in a cell indicates that the use is allowed with a Conditional Use Permit in the respective zoning district. Conditional Use Permits must be reviewed and approved by both the Planning & Zoning Commission and City Council, in accordance with the procedures of Section 6.7.

E.        Not Permitted (NP)

An “NP” in a cell indicates that the use is prohibited in the respective zoning district.

F.        Use-Specific Standards

Section numbers listed in the “Supplemental Use Regulations” column denote the location of additional regulations that are applicable to the specific use type; however, provisions in other sections of this Ordinance may also apply.

G.       Non-Specified Uses

When a use cannot be reasonably classified into a specific use type, or appears to fit into multiple specific use types, the Zoning Administrator is authorized to determine the most similar and thus most appropriate specific use type based on the actual or projected characteristics of the individual use or activity (including but not limited to size, scale, operating characteristics and external impacts) in relationship to the specific use type definitions provided in Section 9.  Appeal of the Zoning Administrator’s decision may be filed with the Community Development Department and heard by the Board of Adjustment in conformance with the procedures of Section 6.2.11.

 

Table 2.31: Table of Allowed Uses for Commercial & Mixed-Use Districts

Use Category

Specific Use Type

P = Permitted Use                            C = Conditional Use

NP = Not Permitted

Commercial & Mixed-Use Zoning Districts

C-1

C-2

MU

PF

Supplemental Use Regulations

Residential

Dwelling, Single-Family Attached

NP

NP

P

NP

 

Dwelling, Live/Work

NP

NP

P

NP

 

Dwelling, Multi-Family

NP

NP

P

NP

 

Assisted Living Center

NP

C

P

NP

3.1.5

Nursing Home

NP

C

P

NP

3.1.29

Boarding/Shelter Care

NP

C

NP

NP

 

Vacation Home Rentals

NP

NP

P

NP

 

Caretaker’s Quarters

NP

C

C

NP

3.1.10

Public and Semi Public

Arboretum or Botanical Garden

C

P

P

NP

 

Assembly Hall/Auditorium

C

P

P

P

 

Bus Terminal

NP

C

C

NP

 

Campground

NP

NP

C

NP

3.1.9

Cemetery

C

C

C

C

 

Child Care, Center

C

C

P

NP

3.1.12

College or University

NP

P

P

P

3.1.14

Community Playfields and Parks

NP

C

P

NP

 

Community Recreation Center

P

P

P

P

 

Crematorium or Funeral Parlor

C

P

C

NP

 

Cultural Facility

C

P

P

P

 

Fraternal or Social Club, Nonprofit

C

P

P

NP

 

Government Offices And Civic Buildings

P

P

P

P

 

Health Care / Medical Facility or Clinic

C

P

P

P

 

Hospitals

NP

P

P

P

 

Library

P

P

P

P

 

Museum, Cultural Facility

NP

P

P

P

 

Non-Profit/Non-governmental Organization

C

C

C

C

 

Public Safety Facility

P

P

P

P

 

Religious Assembly

P

P

P

NP

3.1.34

School, Boarding

C

C

C

P

3.1.36

School, Public or Private, K-8

C

C

C

P

3.1.36

School, Public or Private, 9-12

C

C

C

P

3.1.36

Social Service Facility

C

C

C

P

 

Solar Generation Facility

C

C

C

C

3.1.38

Utility Facility and Service Yard, Major

NP

C

C

P

 

Utility Facility, Minor

P

P

P

P

 

Wireless Facility (Including Tower and Supporting Facilities)

C

C

C

C

4.5

Commercial

Adult Entertainment Business

NP

NP

NP

NP

3.1.2

Alcoholic Beverages, Retail Sale

C

P

P

NP

 

Animal Kennel/Shelter

NP

C

NP

NP

Animal, Hospital/Veterinarian

NP

C

NP

NP

3.1.4

Automobile Rentals

NP

P

P

NP

Automobile Repair

NP

C

NP

NP

 

Automobile Sales and Leasing

NP

P

NP

NP

 

Bar, Lounge, or Tavern

NP

P

P

NP

 

Business Services

P

P

P

NP

Car Wash

NP

C

NP

NP

 

Coffee Shop/Café

P

P

P

NP

 

Coffee Shop/Café with Drive Through

C

C

C

NP

3.1.19

Commercial Entertainment, Indoor

NP

C

C

NP

Commercial Entertainment, Outdoor

NP

C

C

NP

 

Convenience Store

P

P

P

NP

3.1.16

Farmers Market

C

P

P

NP

Feed Store

C

P

P

NP

 

Financial Institution (chartered; bank) 

C

P

P

NP

 

Financial Institution (chartered), With Drive Through

C

P

P

NP

 

Fitness and Sports Center

C

P

P

NP

General Market

P

P

P

NP

 

General Personal Services

P

P

P

NP

 

General Personal Services with Drive Through

C

P

P

NP

3.1.19

General Recreation, Indoor

NP

P

P

NP

Hotel or Motel

NP

P

P

NP

 

Instructional Services or Trade Schools

NP

P

C

P

 

Medical Marijuana Dispensary

NP

C

NP

NP

3.1.26

Medical Marijuana Infusion

NP

C

NP

NP

3.1.27

Microbrewery, Craft Distillery or Tasting Room

NP

P

P

NP

3.1.28

Movie Theater

NP

P

P

NP

Nightclub

NP

C

C

NP

 

Non-Chartered Financial Institution (Payday loan/Check Cashing)

NP

C

NP

NP

 

Nursery, Commercial

NP

C

C

NP

 

Office, Business or Professional

P

P

P

NP

 

Outdoor/Mobile Vending

C

C

C

NP

3.1.32

Parking Lots and Parking Structure

NP

P

P

P

Personal and Household Services

P

P

P

NP

 

Restaurant

P

P

P

NP

 

Restaurant, With Drive Through

C

C

C

NP

3.1.19

Restaurant, With Off Track Betting

NP

C

C

NP

Retail, General

P

P

P

NP

 

Retail, General With Drive Through

C

C

C

NP

3.1.19

Retail, Large Format

NP

P

P

NP

Retail, Smoke Shop

NP

C

C

NP

 

Self-Storage, Indoor

NP

C

C

NP

3.1.37

Service Station

NP

P

P

NP

3.1.38

Service Station With Car Wash

NP

C

C

NP

3.1.38

Tour Services

NP

P

P

NP

Truck Stop

NP

C

NP

NP

 

Industrial Use

Building Materials Sales, Indoor Retail

NP

C

C

NP

Building Materials Sales, Outdoor or Wholesale

NP

C

NP

NP

 

Heavy Rental, Outdoor

NP

C

NP

NP

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.3.4     Commercial and Mixed-use Development Standards

The following development standards identified in Table 2.3‑2 apply to all principal uses and structures in commercial and mixed-use overlay districts, except as otherwise expressly stated in this Zoning Ordinance.

Table 2.32 Commercial & Mixed-Use Overlay Districts Development Standards

 

Zoning District

C-1

C-2

MU

 

Lot Dimensions, maximum

Size of Use or User (square feet)

25,000

--

7,000 (min)

 

Residential Density, minimum

X

X

3 units

 

Setbacks, minimum

Front, (feet)

15

20 [1]

0 [1]

 

Side, (feet)

10 [2]

15 [2]

0 [1]

 

Side, (feet)

Adjacent to Residential

20 [1]

30 [1]

30 [1] [3]

 

Street Side (feet)

10

10

10

 

Rear, (feet)

10

20

10 [4]

 

Rear, (feet)

Adjacent to Residential

20

30

30 [3]

 

Lot Coverage, maximum (%)

40

60

--

 

Building Height, maximum (feet)

35

35 [5]

35 [5] [6]

 

NOTES:

 

 

 

[1]   Front and side setback for street facing parking areas shall be a minimum of fifteen (15) feet.

[2]   Zero (0) setbacks are permitted for structures if adjacent structures also have zero setbacks and regulations of the building code in force at the time of the review are met.

[3]   Fifteen (15) foot setbacks are permitted if adjacent parcel is zoned R2 or R3

[4]   Rear setback can be reduced to five (5) feet if adjacent to a public alley

[5]   Unless otherwise permitted through a conditional use permit.

[6]   Building height may be increased to forty-five (45) feet for development that contains vertical mixed-use with residential above ground floor commercial uses.

 

 

2.3.5     Commercial and Mixed-use Design Guidelines

The commercial and mixed-use development guidelines have been established to: create an attractive and functional setting for businesses located along primary roadway corridors; create and maintain an efficient, functional, safe and pleasant built environment for residents and visitors; and promote attractive, high quality development that will support and enhance the greater community.

A.       Applicability

These guidelines shall apply to the development of new buildings or renovation of existing buildings within any Commercial and Mixed-Use Zoning District in the City of Eloy, unless otherwise specified within this Section. In the case of mixed-use buildings, the single-family residential guidelines of this Section and the guidelines of Section 2.3.4 and 2.3.5, Commercial Development, shall both apply.

These guidelines will be used by City staff and the Planning & Zoning Commission as a framework for evaluating development proposals and for consideration of design aspects of such proposed projects. The Eloy Subdivision Regulations should also be referenced for additional site design standards specifically applicable to commercial and mixed-use developments.

B.       Architecture

1.    Natural materials and deep earth tone colors are preferred, and design elements shall not primarily consist of metal, glass, plastic, highly reflective materials and bright colors. Such materials may have limited application in trim or accent areas, but shall not be the predominant visual elements of the building(s) or site improvements.
2.    Large, bland monolithic facades or rooflines and repetition of very simple details foster a monotonous character, which shall be avoided. Building elevations shall create a unique character which is emphasized through interesting architectural details or façade articulation in each component. For example, windows may be arched or rectangular, bayed out or recessed, have raised borders, awnings, planter boxes or shutters.
3.    All building facades must be designed with architecturally finished materials, with primary building materials limited to the following:
a.    Modular masonry materials such as brick, block, and stone.
b.    Precast concrete or aggregate panels with a decorative finish.
c.    Stucco or stucco-like materials.
d.    Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability.
e.    Other materials as determined by the Zoning Administrator.
4.    The following building types and materials are expressly prohibited:
a.    No galvanized or unfinished steel, galvalume or unfinished aluminum buildings (walls or roofs), unless the roadway facing the façade of the building is specifically intended to have a corrosive designed finish such as Cor-Ten steel or is finished with a material that is compliant with Section 2.3.5.B.3 above.
b.    Exposed, untextured, uncolored, unaugmented concrete.

C.       Site Design/Orientation

1.    Buildings, structures, open space areas and other features shall be oriented to protect and/or enhance major vistas and panoramas that accentuate mountain vistas, and/or special man-made or natural landmarks.
2.    On-site pedestrian walks shall be provided to connect street sidewalks to primary commercial and mixed-use building entries by the most direct route practicable. Multi-building developments shall minimize auto/pedestrian conflicts and maximize convenient pedestrian access between buildings.
3.    Openings for vehicular uses, such as garage door bays used to access vehicles into and out of a building for repair or storage, must be located on facades that do not face the primary street.

D.       Circulation

1.    Proposed developments fronting ADOT controlled roadways shall complete a traffic impact analysis (TIA), including access needs, traffic control needs, highway expansion needs, drainage management plan, and/or a cost sharing plan. ADOT approval will be required as part of the development plan approval process.
2.    Developments along public roadways may be required to complete a traffic study analysis, including access needs, traffic control needs, highway expansion needs, drainage management plan, and/or a cost sharing plan. The approval of the Eloy City Engineer will be required as part of the development plan approval process.
3.    Vehicular access points along arterial and collector roadways shall be placed and designed in accordance with ADOT and/or City requirements.

E.        Utilities

1.    All on-site electric utility and all other communication and utility lines for buildings shall be placed underground.

2.3.6     Additional Design Standards

A.       Parking and Loading requirements – See Section 4.1 Off-Street Parking and Loading for additional development and design regulations.

B.       Landscaping and Screening requirements – See Sections 4.2 for additional development and design regulations relating to fencing, screening and landscaping.

C.       Signage requirements – See Section 4.3, Signage for additional development and design regulations.

D.       Outdoor Lighting requirements – See Section 4.4, Outdoor Lighting for additional development and design regulations.

E.        Further reference, as applicable, is provided in the City of Eloy, Uniform Building and International Fire Codes, Subdivision Regulations, Floodplain Management Ordinance, and Engineering Design Standards.

2.4    Public Facilities District

2.4.1     General Purpose

The purpose of the Public Facilities District is to provide appropriate areas for buildings and facilities that are owned and operated by Federal, State, Regional, County and/or City governments, public/semi-public utilities, special districts, or nonprofit/nongovernmental organizations which are used to provide governmental public and/or semi-public related services. This zone is also appropriate for educational sites, and cultural facilities. The public facilities district is reserved for the construction, use and occupancy of governmental, non-profit/nongovernmental public utility, cultural and educational buildings and facilities, and other uses compatible with and support the character of the district.

2.4.2     Public Facilities Use Standards

The “Tables of Allowed Uses” for Residential, Commercial and Industrial Districts (Table 2.3‑1, 2.3-1 and 2.4-1), lists public facility, public and quasi-public uses and indicates whether they are permitted by right or with approval of a conditional use permit (CUP), or prohibited within each Zoning District. These Use Tables also include references to additional Supplemental Use Standards that may be applicable to that use. The organization headings and individual abbreviations utilized in the tables are identified as follows:

A.       Use Category

The “use categories” are intended to provide a quick reference to organize the specific uses. These categories are not regulatory.

B.       Specific Use Type

The “specific use types” are regulatory and function as the basis for listing the existing and future land uses that are considered in each zoning district.  Rather than list every possible individual land use type, this list classifies individual land uses and activities into specific use types based on common functional, product or physical characteristics; such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions. The definition of each specific use type is located in Section 9, “Definitions”.

C.       Permitted Uses (P)

A “P” in a cell indicates that the use is allowed by right in that zoning district.

D.       Conditional Uses (C)

A “C” in a cell indicates that the use is allowed with a Conditional Use Permit in the respective zoning district. Conditional Use Permits must be reviewed and approved by both the Planning & Zoning Commission and City Council, in accordance with the procedures of Section 6.7.

E.        Not Permitted (NP)

An “NP” in a cell indicates that the use is prohibited in the respective zoning district.

F.        Use-Specific Standards

Section numbers listed in the “Supplemental Use Regulations” column denote the location of additional regulations that are applicable to the specific use type; however, provisions in other sections of this Ordinance may also apply.

G.       Non-Specified Uses

When a use cannot be reasonably classified into a specific use type, or appears to fit into multiple specific use types, the Zoning Administrator is authorized to determine the most similar and thus most appropriate specific use type based on the actual or projected characteristics of the individual use or activity (including but not limited to size, scale, operating characteristics and external impacts) in relationship to the specific use type definitions provided in Section 9.  Appeal of the Zoning Administrator’s decision may be filed with the Community Development Department and heard by the Board of Adjustment in conformance with the procedures of Section 6.2.11.

2.4.3     Public Facilities Development Standards

Public Facility oriented uses and/or structures are permissible in residential, commercial or industrial zoning districts. As such, development standards for most Public Facility uses will utilize the principal uses and structures identified for Residential districts (Table 2.2-2), Commercial districts (Table 2.3-2) or industrial districts (Table 2.4-2) except as   otherwise expressly stated in this Ordinance. Additional Public Facility development standards are found in Table 2.4-1.

Table 2.4‑1: Table of Public Facilities Development Standards

Standard

PF

Lot Area

No requirement

Lot Width

No requirement

Lot Depth

No requirement

Front Yard Setback

None, except when abutting a Residential Zone, then the front yard setback to a building or parking area shall be the required setback of the abutting Residential Zone. Where a PF use is or will abut two or more different Residential Zones, the more stringent setback shall apply, but may be waived by the Zoning Administrator, based on the buffering between the two uses.

Side and Rear Yard Setback

None, except when abutting a Residential Zone, then the side or rear setback to a building or parking area is ten (10) feet. The required side and rear yard setback shall be increased by one-half foot horizontal distance for each vertical foot by which the structure exceeds twenty (20) feet in height

Building Height

Thirty-five (35) feet; except where a setback of one hundred (100) feet can be provided, the building height may be a maximum of fifty-five (55) feet. If the abutting zoning district allows buildings taller than thirty-five (35) feet, the height of the abutting zoning district may be applied to the abutting PF Zoning District

Lot Coverage

No maximum requirement

2.4.4     Public Facilities Design Guidelines

Landscaping and Walls: Landscaping and walls for all Public Facility uses shall conform to the residential and non-residential requirements provided in Section 4. 

Off-street parking: Off-street parking for Public Facilities shall comply with the standards contained in Section 4.

Signs: Signage for Public Facilities shall comply with the standards contained in Section 4.

 

 

 

2.5    INDUSTRIAL DISTRICTS

2.5.1     General Purpose

The purpose of the industrial zoning districts is to provide areas that promote employment opportunities for existing and future residents of the City and surrounding communities, while also separating these districts from future and/ or established residential and commercial areas from their potential direct and indirect operational influences.

2.5.2     Industrial Districts

Business Park (BP)

The purpose of this industrial district is to provide sites for a range of research, technology and business park uses, including office and administrative uses, designed to be conducted such that these and storage operations are contained entirely within enclosed buildings. Light manufacturing uses that complement the business park or research park use that do not exhibit nuisances may be permitted if pertinent to the primary use. This district encourages the development of attractive buildings in a campus type setting on well-landscaped sites which may be adjacent to residential areas.

Light Industrial (I-1)

The purpose of this industrial zoning district is to provide for a mix of assembly and non-intensive manufacturing and office park uses. Such uses are located in an attractive, planned development setting with proper screening and landscaping; all compatible with adjacent uses. It is intended that this district allow for employment growth through the establishment of high quality, planned industrial centers for corporate offices and indoor manufacturing and well screened storage uses.

General Industrial (I-2)

The purpose of this industrial zoning district is to provide areas where heavy and concentrated fabrication, manufacturing, and processing uses are appropriately screened and landscaped. It is intended that this district provide adequate space for industrial operations and related activities so that the economic base of the City may be strengthened and employment opportunities expanded while protecting residential and commercial land uses from objectionable encroachments. 

2.5.3     Industrial Use Standards

The “Table of Allowed Uses for Industrial Districts” (Table 2.5‑1), lists land uses and indicates whether they are permitted by right or with approval of a conditional use permit (CUP), or prohibited within each Zoning District. The Use Table also includes references to additional use-specific standards that may be applicable to that use. The organization headings and individual abbreviations utilized in the table are identified as follows:

A.       Use Category

         The “use category” is intended to provide a quick reference to organize the specific uses. Such category is not regulatory.

B.       Specific Use Type

The “specific use type” is regulatory and functions as the basis for listing the existing and future land uses that are considered in each zoning district.  Rather than list every possible individual land use type, this list classifies individual land uses and activities into specific use types based on common functional, product or physical characteristics; such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions. The definition of each specific use type is located in Section 9, “Definitions”.

C.       Permitted Uses (P)

         A “P” in a cell indicates that the use is allowed by right in that zoning district.

D.       Conditional Uses (C)

         A “C” in a cell indicates that the use is allowed with a Conditional Use Permit in the respective zoning district. Conditional Use Permits must be reviewed and approved by both the Planning & Zoning Commission and City Council, in accordance with the procedures of Section 6.7.

E.        Not Permitted (NP)

         An “NP” in a cell indicates that the use is prohibited in that zoning district.

F.        Use-Specific Standards

         Section numbers listed in the “Supplemental Use Regulations” column denote the location of additional regulations that are applicable to the specific use type; however, provisions in other sections of this Ordinance may also apply.

G.       Non-Specified Uses

         When a use cannot be reasonably classified into a specific use type, or appears to fit into multiple specific use types, the Zoning Administrator is authorized to determine the most similar and thus most appropriate specific use type based on the actual or projected characteristics of the individual use or activity (including but not limited to size, scale, operating characteristics and external impacts) in relationship to the specific use type definitions provided in Section 9.  Appeal of the Zoning Administrator’s decision may be filed with the Community Development Department and heard by the Board of Adjustment in conformance with the procedures of Section 6.2.11.

 

 

Table 2.5‑1: Table of Allowed Uses For Business, Industrial and Public Facility Districts

Use Category

Specific Use Type

P = Permitted Use    C = Conditional Use

NP = Not Permitted

Industrial Zoning Districts

BP

I-1

I-2

PF

Supplemental Use Regulations

Public and Semi Public Use Category

Bus Terminal

P

P

P

NP

 

Campground

NP

C

C

NP

3.1.9

Cemetery

P

C

NP

C

 

Crematorium or Funeral Parlor

P

P

NP

NP

 

Cultural Facility

C

NP

NP

P

 

Government Offices and Civic Buildings

P

P

P

P

 

Hospitals

P

C

NP

P

 

Non-profit/Non-governmental Organization

P

C

C

C

 

Public Safety Facility

P

P

P

P

 

Religious Assembly

P

P

C

NP

3.1.34

Solar Generation Facility

C

C

C

C

 

Utility Facility and Service Yard, Major

C

C

P

P

 

Utility Facility, Minor

P

P

P

P

 

Wireless Facility (Including Tower and Supporting Facilities)

P

P

P

C

4.5

Commercial Use Category

Adult Entertainment Business

NP

C

NP

NP

3.1.2

Animal Training

C

C

P

NP

Animal Kennel/Shelter

C

C

P