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Eloy, AZ Code of Ordinances
ELOY, AZ CODE OF ORDINANCE
PREFACE
ORDINANCES PENDING REVIEW FOR CODIFICATION
CHAPTER 1 GENERAL PROVISIONS
CHAPTER 2 ADMINISTRATION
CHAPTER 2A RESERVED
CHAPTER 2B AIRPORTS
CHAPTER 3 ALCOHOLIC BEVERAGES
CHAPTER 4 ANIMAL CONTROL REGULATIONS
CHAPTER 5 BUILDINGS
CHAPTER 5A CABLE COMMUNICATIONS ORDINANCE
CHAPTER 6 CEMETERIES
CHAPTER 7 CIVIL DEFENSE
CHAPTER 8 ELECTIONS
CHAPTER 9 RESERVED
CHAPTER 10 GARBAGE, WASTE AND JUNK
CHAPTER 10A PROSECUTION FOR GARBAGE, WASTE AND JUNK VIOLATIONS
CHAPTER 11 HEALTH AND SANITATION
CHAPTER 11A LANDSCAPING REGULATIONS
CHAPTER 12 BUSINESS REGULATIONS
CHAPTER 13 OFFENSES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS
CHAPTER 13A PARKS AND RECREATION
CHAPTER 13B PERSONNEL1
CHAPTER 14 STREETS AND SIDEWALKS
CHAPTER 15 SUBDIVISIONS
CHAPTER 16 TAXATION
CHAPTER 16A FEES
CHAPTER 16B RETAIL DEVELOPMENT AND ECONOMIC DEVELOPMENT TAX INCENTIVES
CHAPTER 16C ECONOMIC DEVELOPMENT TAX INCENTIVES
CHAPTER 17 TRAFFIC1
CHAPTER 18 FLOODPLAIN REGULATIONS
CHAPTER 19 WATER AND SEWERS
CHAPTER 20 RESERVED
CHAPTER 21 ZONING
ARTICLE I. TITLE, PURPOSE AND SCOPE
ARTICLE II. ZONING DISTRICTS
ARTICLE III. SUPPLEMENTAL USE STANDARDS
ARTICLE IV. GENERAL DEVELOPMENT REGULATIONS
ARTICLE V. ADMINISTRATION
ARTICLE VI. ZONING PROCEDURES
21-6-1: PURPOSE:
21-6-2: PROCEDURES:
21-6-2.1: PRE-APPLICATION MEETING:
21-6-2.2: APPLICATION SUBMITTAL (ADMINISTRATIVE COMPLETENESS REVIEW):
21-6-2.3: CITIZEN REVIEW PROCESS:
21-6-2.4: APPLICATION REVIEW AND REPORT (SUBSTANTIVE REVIEW):
21-6-2.5: PUBLIC NOTICE REQUIREMENTS:
21-6-2.6: PUBLIC HEARING:
21-6-2.7: WRITTEN DECISION:
21-6-2.8: LIMITATION ON REAPPLICATION:
21-6-2.9: RECONSIDERATION OR REHEARING OF DECISIONS:
21-6-2.10: AMENDMENTS TO PERMITS OR OTHER FORMS OF APPROVAL:
21-6-2.11: APPEALS:
21-6-2.12: APPEALS OF DEDICATIONS OR EXACTIONS TO HEARING OFFICER:
21-6-2.13: EFFECTIVE DATE AND EXERCISING APPROVAL AT RISK:
21-6-3: REVIEW AUTHORITY:
21-6-4: GENERAL PLAN AMENDMENT:
21-6-4.1: PURPOSE AND APPLICABILITY:
21-6-4.2: INITIATION OF AMENDMENTS:
21-6-4.3: TIMING OF AMENDMENTS:
21-6-4.4: GENERAL PLAN AMENDMENT APPLICATION PROCESS:
21-6-4.5: ISSUES FOR CONSIDERATION:
21-6-4.6: APPEAL:
21-6-5: AMENDMENTS TO ZONING ORDINANCE TEXT:
21-6-5.1: PURPOSE AND APPLICABILITY:
21-6-5.2: INITIATION OF AMENDMENTS:
21-6-5.3: TEXT AMENDMENT APPLICATION PROCESS:
21-6-5.4: ISSUES FOR CONSIDERATION:
21-6-5.5: APPEAL:
21-6-6: AMENDMENTS TO ZONING MAP (REZONE):
21-6-6.1: PURPOSE AND APPLICABILITY:
21-6-6.2: INITIATION OF AMENDMENTS:
21-6-6.3: REZONE APPLICATION PROCESS:
21-6-6.4: ISSUES FOR CONSIDERATION:
21-6-6.5: REVOCATION OR MODIFICATION:
21-6-6.6: APPEALS:
21-6-7: CONDITIONAL USE PERMIT:
21-6-7.1: PURPOSE AND APPLICABILITY:
21-6-7.2: TYPES OF CONDITIONAL USES:
21-6-7.3: CONDITIONAL USE PERMIT APPLICATION PROCESS:
21-6-7.4: REQUIRED FINDINGS:
21-6-7.5: EXPIRATION AND TIME EXTENSIONS:
21-6-7.6: REVOCATION OR MODIFICATION:
21-6-7.7: APPEAL:
21-6-8: TEMPORARY USE PERMIT:
21-6-8.1: PURPOSE AND APPLICABILITY:
21-6-8.2: TYPES OF TEMPORARY USES:
21-6-8.3: TEMPORARY USE PERMIT APPLICATION PROCESS:
21-6-8.4: REQUIRED FINDINGS:
21-6-8.5: APPEAL:
21-6-9: VARIANCE:
21-6-9.1: PURPOSE AND APPLICABILITY:
21-6-9.2: VARIANCE APPLICATION PROCESS:
21-6-9.3: REQUIRED FINDINGS:
21-6-9.4: EXPIRATION AND TIME EXTENSIONS:
21-6-9.5: REVOCATION:
21-6-9.6: APPEALS:
21-6-10: SIGN PERMIT, COMPREHENSIVE SIGN PACKAGE AND MASTER SIGN PROGRAM:
21-6-10.1: PURPOSE AND APPLICABILITY:
21-6-10.2: SIGN PERMIT AND COMPREHENSIVE SIGN PACKAGE APPLICATION PROCESS:
21-6-10.3: MASTER SIGN PROGRAM APPLICATION PROCESS:
21-6-10.4: MASTER SIGN PROGRAM REQUIRED FINDINGS:
21-6-10.5: REVOCATION:
21-6-10.6: APPEAL:
21-6-11: SITE PLAN REVIEW:
21-6-11.1: PURPOSE AND APPLICABILITY:
21-6-11.2: SITE PLAN PROCESS:
21-6-11.3: REQUIRED SITE PLAN INFORMATION:
21-6-11.4: ISSUES FOR CONSIDERATION:
21-6-11.5: FINAL INSPECTION:
21-6-11.6: EXPIRATION OF APPROVAL:
21-6-11.7: REVOCATION:
21-6-11.8: APPEAL:
21-6-12: ANNEXATION:
21-6-12.1: PURPOSE:
21-6-12.2: INITIATION OF ANNEXATIONS:
21-6-12.3: ANNEXATION PROCESS:
21-6-13: HISTORIC PRESERVATION:
21-6-13.1: PURPOSE:
21-6-13.2: APPLICATION PROCESS:
21-6-13.3: REQUIRED APPLICATION INFORMATION:
21-6-13.4: BUILDING AND DEMOLITION PERMITS:
21-6-13.5: CRITERIA AND DECISION FOR CERTIFICATE OF NO EFFECT:
21-6-13.6: CRITERIA AND DECISION FOR CERTIFICATE OF APPROPRIATENESS:
21-6-13.7: COMPATIBILITY CONSIDERATION:
21-6-13.8: STANDARDS AND GUIDELINES:
21-6-13.9: EXPIRATION OF A CERTIFICATE OF NO EFFECT AND CERTIFICATE OF APPROPRIATENESS:
21-6-13.10: CRITERIA AND DECISION FOR CERTIFICATE FOR ECONOMIC HARDSHIP:
21-6-13.11: APPEALS:
ARTICLE VII. ENFORCEMENT
ARTICLE VIII. NONCONFORMITIES
ARTICLE IX. DEFINITIONS AND ACRONYMS
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21-6-11: SITE PLAN REVIEW:
21-6-11.1: PURPOSE AND APPLICABILITY:
This section 21-6-11 provides procedures and standards for the comprehensive review of proposed development projects to: promote the safe, functional and aesthetic development of property, ensure compliance with the development and design standards of this chapter; and encourage quality development reflective of the goals, policies, and objectives of the General Plan. Site plan review shall be required for:
   A.   All new construction, remodeling, or expansion of non- residential or multi-family residential uses, with the following exceptions:
      1.   Proposed modifications are strictly related to the interior of the building.
      2.   Modifications, additions, or enlargements to a building which do not increase the gross floor area by more than five hundred (500) square feet or ten percent (10%), whichever is less, and which do not require a variance from the provisions of this chapter.
   B.   An application for approval of a Zoning Map amendment or conditional use. In this case, the site plan review shall occur concurrently with the review of the rezone or conditional use application. (Ord. 18-880, 7-23-2018)
21-6-11.2: SITE PLAN PROCESS:
 
   A.   Pre-Application Conference: Prior to the submission of an application for site plan approval, all applicants are required to schedule a meeting with the Zoning Administrator, as set forth in section 21-6-2.1, "Pre-Application Meeting", of this article.
   B.   Application Submittal: A complete application for site plan approval shall be submitted to the Zoning Administrator as required by section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article and section 21-6-11.3, "Required Site Plan Information", of this section 21-6-11.
   C.   Application Review And Action: Following submittal of a complete application, the Zoning Administrator shall refer the application to the appropriate review agencies and Development Review Committee to review the submitted materials, and provide written review comments to the applicant, if necessary. Following receipt of review comments, the applicant shall correct the site plan as needed and resubmit the corrected application to the Community Development Department. Based on the resubmitted application material, the Zoning Administrator shall take final action on the application and approve, approve with conditions, or deny the application based on the applicable approval criteria, unless the Zoning Administrator determines that there are unusual circumstances or special conditions related to an application, in which case the Administrator may defer action and refer such application to the Planning and Zoning Commission for final decision.
      1.   Conditions Of Approval: In approving a site plan, the Zoning Administrator may impose reasonable conditions necessary to:
         a.   Achieve the general purposes of this chapter or the specific purposes of the zoning district in which the site is located, or to make it consistent with the General Plan;
         b.   Protect the public health, safety, and general welfare; or
         c.   Insure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.
   D.   Review By Planning And Zoning Commission: If referred to the Planning and Zoning Commission, the commission shall review the application in a public hearing, and grant approval, approval with conditions, or denial of the subject application as set forth in sections 21-6-2.6 through 21-6-2.7 of this article.
   E.   Written Notification: The decision to approve or approve with conditions or deny shall be communicated in writing to the applicant in compliance with section 21-6-2.7 of this article. (Ord. 18-880, 7-23-2018)
21-6-11.3: REQUIRED SITE PLAN INFORMATION:
All site plans shall be drawn to scale and shall contain the following information, unless otherwise specifically waived by the Zoning Administrator:
   A.   A vicinity map which shall include the location of any public streets in the vicinity of the site.
   B.   The boundaries and dimensions shown graphically, along with a written legal description of the property.
   C.   The present and proposed topography, drainage systems and structures, and retention basins of the site by contour lines at an interval of not more than two feet (2').
   D.   The location of existing and proposed structures, with height, gross floor area, use and exterior material appropriately noted.
   E.   The location of open space, yards, and setbacks and their dimensions.
   F.   The location and dimensions of existing and proposed points of vehicular and pedestrian access.
   G.   The location of off-street parking, driveway and loading areas, with number of spaces, dimensions, circulation patterns, and type of paving appropriately noted.
   H.   The type of surfacing and base course proposed for all parking areas, loading areas, and walkways.
   I.   The location, height, and material for screening walls and fences.
   J.   The size and location of all existing and proposed public and private utilities and their easements.
   K.   Existing and proposed public streets or rights-of-way, easements, or other reservations of land on the site.
   L.   The location and method of screening of outdoor trash storage areas.
   M.   The location and size of all proposed signage.
   N.   The location and height of proposed lighting facilities.
   O.   Elevation views of all proposed buildings or structures, with building materials and proposed colors noted.
   P.   When a site is to be developed in stages, the plan should indicate the ultimate development of the site and proposed developmental phases.
   Q.   Any additional information which the Zoning Administrator may find necessary to establish compliance with this chapter and other ordinances. (Ord. 18-880, 7-23-2018)
21-6-11.4: ISSUES FOR CONSIDERATION:
In determining whether to approve, approve with conditions, or deny proposed site plans, issues for consideration shall include but not be limited to:
   A.   The general layout of the project, including orientation and location of buildings, open space, vehicular and pedestrian access and circulation, parking and loading facilities, building setbacks and heights, and other improvements on the site, is consistent with the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines.
   B.   The architectural design of the structure(s) and their materials and colors are compatible with the scale and character of surrounding development and other improvements on the site and are consistent with the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines.
   C.   The landscaping, including the location, type, size, color, texture, and coverage of plant materials, provisions for irrigation, and protection of landscape elements has been designed to create visual relief, complement structures, and provide an attractive environment and is consistent with the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines.
   D.   The design and layout of the proposed project will not interfere with the use and enjoyment of neighboring existing or future development, will not result in vehicular or pedestrian hazards, and will be in the best interest of the public health, safety, and general welfare.
   E.   The existing or proposed public facilities necessary to accommodate the proposed project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, street lights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site.
   F.   The proposed project is consistent with the General Plan and any applicable specific plan. (Ord. 18-880, 7-23-2018)
21-6-11.5: FINAL INSPECTION:
A site plan approval is a binding development order and all improvements reflected on approved site plans must be completed, and all restrictions and conditions of site plan approval must be fulfilled, prior to issuance of the final certificate of occupancy. (Ord. 18-880, 7-23-2018)
21-6-11.6: EXPIRATION OF APPROVAL:
   A.   A site plan approval becomes void if a building permit has not been issued within one year from the date of approval. An extension of approval may be granted if the applicant files for an extension prior to the approval becoming void and the extension is granted by the Zoning Administrator. The Zoning Administrator may grant a one-time three (3) month extension. Additional extensions must be approved by the Planning and Zoning Commission.
   B.   Applications for extensions of the time need to include justifications for the extension. The Planning and Zoning Commission will give consideration to the following:
      1.   Progress of the project.
      2.   Funds spent on the project.
      3.   Good faith efforts.
      4.   Weather-related delays and other acts of God.
      5.   Delays related to archaeological or environmental issues. (Ord. 18-880, 7-23-2018)
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