21-4-5.7: NON-CONFORMING LIGHTING:

   A.   All existing outdoor lighting that was legally installed before the effective date of this chapter (and that does not conform with the provisions of this section 21-4-5) shall be considered non-conforming. Non-conforming outdoor lighting is allowed to remain until required to be replaced pursuant to the terms of this section.

   B.   Luminaires and lighting installations that do not conform to the provisions of this chapter, as of its effective date, shall be allowed to remain in a non-conforming state until seven (7) years from the effective date, at which point they must be brought into conformance.

   C.   In the event that the use of a non-conforming outdoor luminaire is discontinued for six (6) months or is damaged to the point of requiring repairs for safe operation, the repaired or replacement luminaire shall comply with the provisions of this chapter.

   D.   After seven (7) years, from the effective date of this chapter, all non-conforming luminaires and installations shall immediately be brought into conformance upon a registered written complaint.

   E.   All non-conforming luminaires and lighting installations shall be brought into conformance upon replacing a failed lamp or performing any significant maintenance or upgrade to the luminaire, or expansion of the lighting installation. (Ord. 18-880, 7-23-2018)

21-4-5.8: PROCEDURES FOR COMPLIANCE:

   A.   Time Limitations: When an application for a change in use, an expansion, modification, or structural alteration to a building or site that has existing legal nonconforming outdoor lighting is submitted to the City, all exterior lighting fixtures shall be brought into conformance with the provisions of this section 21-4-5 at the time of permit issuance.

   B.   Application:

      1.   Any individual applying for a building or use permit under the City regulations intending to install outdoor lighting fixtures shall, as a part of said application, submit evidence that the proposed lighting will comply with this section 21-4-5.

      2.   All other individuals intending to install outdoor lighting fixtures shall submit an application to the Building and Safety Division providing evidence that the proposed work will comply with this section 21-4-5. Landscape lighting or decorative lighting consisting of low voltage light fixtures and/or incandescent bulbs under thirty five watts (35 W) per fixture may be exempt from the requirements of this subsection.

   C.   Contents Of Application: The application shall contain, but shall not necessarily be limited to, the following information:

      1.   Plans indicating the proposed luminaire location on the building and the site (if applicable), and the height of the standard (pole), type of illuminating devices, fixtures, lamps, supports, other devices, the aiming angles, and a statement of the proposed hours when the luminaries will be on and when they will be extinguished.

      2.   Manufacturer's catalog cut sheets and drawings that describe the illuminating devices, fixtures, lamps, lumen outputs and wattages, supports, and other devices, etc.

      3.   For commercial and industrial uses and for all lighted parking lots, a photometric analysis that includes a lumens/foot-candle grid (a minimum of 10 feet between each grid point) that demonstrates adequate intensities and uniformity as well as the maximum lighting intensity (at 5'6" eye illumination levels) as measured at the property lines.

   D.   Issuance Of Permit: Upon compliance with the requirements of this section, the Building and Safety Division shall issue a permit for installation of the outdoor lighting fixtures, to be installed per the approved application. In the event the application is part of a building permit application, the issuance of the building permit will be granted if the applicant is in complete compliance with this section as well as other pertinent laws and regulations.

   E.   Amendment To Permit: Should the applicant desire to substitute outdoor light fixtures or lamps after a permit has been issued, the applicant must submit all changes to the Building and Safety Division for approval, with adequate information to assure compliance with this section. (Ord. 18-880, 7-23-2018)

ARTICLE V. ADMINISTRATION

SECTION:

21-5-1: Purpose

21-5-2: Mayor And City Council

21-5-2.1: Powers And Duties

21-5-3: Planning And Zoning Commission

21-5-3.1: Powers And Duties

21-5-3.2: Membership (Rep. by Res. 24-1599, 10-14-2024)

21-5-3.3: Term Of Office (Rep. by Res. 24-1599, 10-14-2024)

21-5-3.4: Nonattendance (Rep. by Res. 24-1599, 10-14-2024)

21-5-3.5: Removal (Rep. by Res. 24-1599, 10-14-2024)

21-5-3.6:Planning And Zoning Commission Organization (Rep. by Res. 24-1599, 10-14-2024)

21-5-4: Board Of Adjustment

21-5-4.1: Powers And Duties

21-5-4.2: Appeals Of A Board Of Adjustment Decision

21-5-5: Zoning Administrator

21-5-5.1: Powers And Duties Of The Zoning Administrator

21-5-5.2: Limitations Of The Zoning Administrator

21-5-5.3: Liability Of The Zoning Administrator

21-5-6: Development Review Committee

21-5-6.1: Purpose Of The Development Review Committee

21-5-6.2: Powers And Duties

21-5-7: Revitalization Commission (Rep. by Res. 24-1599, 10-14-2024)

21-5-7.1: Powers And Duties (Rep. by Res. 24-1599, 10-14-2024)

21-5-1: PURPOSE:

This article defines the authority and responsibilities of City staff and official bodies in the administration of this chapter. (Ord. 18-880, 7-23-2018)

21-5-2: MAYOR AND CITY COUNCIL:

See City Code Chapter 2, Article I, Sections 2-11 and 2-11.1. (Ord. 18-880, 7-23-2018; Ord. 21-915, 9-13-2021)

21-5-2.1: POWERS AND DUTIES:

The City Council shall have the following powers and duties relating to the administration and enforcement of this chapter:

   A.   Act as the review and decision-making body on all specified planning matters as outlined in this chapter or by State law.

   B.   Take such other action not expressly delegated exclusively to the Community Development Director, the Planning and Zoning Commission, or the Board of Adjustment as the City Council may deem desirable and necessary to implement the provisions of this chapter.

   C.   To hear, review and consider recommendations of the Planning and Zoning Commission on zoning applications, conditional use permits, final plats, and appeals, in accordance with the provisions of this chapter.

   D.   To initiate, hear, review and adopt amendments to the text and/or zoning district map after recommendation by the Planning and Zoning Commission in accordance with the provisions of this chapter.

   E.   To initiate, adopt, and amend the General Plan; including the text, maps and exhibits, and all elements of the General Plan, after recommendation by the Planning and Zoning Commission in accordance with the provisions of this chapter and by State law.

   F.   To initiate, adopt, and amend the General Plan; including the text, maps and exhibits, and all elements of the General Plan, after recommendation by the Planning and Zoning Commission in accordance with the provisions of this chapter. (Ord. 18-880, 7-23-2018)

21-5-3: PLANNING AND ZONING COMMISSION:

   A.   The Planning and Zoning Commission and its construct and authority are established in accordance with provisions of Chapter 2 Administration, Article IV, Commissions, Boards and Bureaus, Division 1 Planning and Zoning Commission of the Eloy Code. (Ord. 18-880, 7-23-2018; Ord. 21-915, 9-13-2021; Res. 24-1599, 10-14-2024)

21-5-3.1: POWERS AND DUTIES:

   A.   The Planning and Zoning Commission shall have the following powers and duties set forth in Chapter 2 Administration, Article IV. Commissions, Boards and Bureaus, Division 1. Planning and Zoning Commission, Division 2. Board of Adjustment, and as follows:

      1.   Initiate, conduct hearings, and make recommendations to the City Council on a proposed adoption or amendment to the General Plan, pursuant to section 21-6-4 of this chapter;

      2.   Initiate, conduct hearings, and make recommendations to the City Council on a proposed Zoning Map Amendment and Zoning Ordinance Text Amendment to this chapter, pursuant to sections 21-6-4 and 21-6-6 of this chapter;

      3.   Initiate, conduct hearings, and make recommendations to the City Council on a proposed adoption or amendment to a Specific Plan, pursuant to sections 21-6-4 and 21-6-6 of this chapter;

      4.   Initiate, conduct hearings, and make recommendations to the City Council on a proposed Conditional Use Permits, pursuant to section 21-6-7 of this chapter;

      5.   Initiate, conduct hearings, and make recommendations to the City Council on proposed modifications, including revocations, to approved Conditional Use Permits;

      6.   Initiate, conduct hearings, and make recommendations to the City Council on proposed preliminary plats, pursuant to chapter 15, "Subdivisions", of the Eloy Code;

      7.   Initiate, conduct hearings, and approve, approve with conditions, or deny an application for a Certificate of Appropriateness or Certificate of Economic Hardship, pursuant to section 21-6-13 of this chapter;

      8.   Conduct hearings and decide Site Plan Application decisions, including imposing reasonable Condition(s)-of-Approval on an application brought forth by the Community Development Director due to special circumstances of the application, pursuant to section 21-6-11 of this chapter;

      9.   Conduct hearings and decide on appeals of the Community Development Director’s, or his/her designee’s, decision, or Condition(s)-of- Approval for a Certificate of No Effect or a Site Plan Application brought forth by the property owner, or their authorized agent, pursuant to section 21-6-13 of this chapter;

      10.   On an annual basis, review and make recommendations to the Mayor and City Council concerning the General Plan as well as plans for the development of any land outside the City's planning area, which in the opinion of the commission, is substantially related to the planning of the City;

      11.   To conduct a public meeting as the required "Citizen Review" session prior to a public hearing on any application for the adoption or amendment of the General Plan, adoption or amendment of a Specific Plan, a Zoning Ordinance Text Amendment, a Zoning Map Amendment, and/or a Conditional Use Permit initiated by the City;

      12.   To confer and advise with other City, County, regional, or State planning agencies, boards and commissions;

      13.   Exercise such other powers and perform such other duties as are provided by law and directed by the City Council. (Ord. 18-880, 7-23-2018; Res. 24-1599, 10-14-2024)

21-5-3.2: MEMBERSHIP:

(Rep. by Res. 24-1599, 10-14-2024)