21-2-7.16: PERMITTED USES:

The land uses permitted within the Aviation Overlay District shall be those uses designated in table 2.7-2 of this section:

   TABLE 2.7-2

   LAND USE OVERLAY SECTORS

Land Use	AO-1	AO-2	AO-3	AO-4
Those uses permitted by right in the Industrial Districts	Yes1	Yes1	Yes1	No
Those uses permitted by right in the OSC Open Space Conservation District	Yes1	Yes1	Yes1	Yes1
Residential development permitted by right in all Residential Zoning Districts	Yes1	No	No	No
Plant nurseries and greenhouses for the propagation, cultivation and distribution of plants produced on the premises	Yes1	Yes1	Yes1	Yes1
Farming activities but not including: dairies; CAFOs; swine, ratites or poultry farms	Yes1	Yes1	Yes1	No
Ranching activities; including commercial ranches	Yes1	Yes1	No	No
Public or private parks without playing field light standards	Yes1	Yes1	No	No
Public and private open space preserves	Yes1	Yes1	Yes1	Yes1
Temporary campgrounds for special events in conjunction with the airport	Yes	Yes	Yes	No

 

Note:

   1.    Requirements of section 21-2-7.16 of this section 21-2-7 shall apply; the specific requirements determined by the Community Development Director.

   A.   The following airport related uses shall also be permitted within the Aviation Overlay District:

      1.   Airport structures and facilities that are necessary for the operation of the Eloy Municipal Airport and for the control of air traffic therefrom.

      2.   Fixed base operators (FBOs).

      3.   Heliports, glider operations, skydiving operations and ground school training. (Ord. 18-880, 7-23-2018)

21-2-7.17: SUPPLEMENTAL DEVELOPMENT PROVISIONS (AO):

   A.   All or some of the following mitigation measures may be required prior to site plan/plat approval or the issuance of a building permit; depending upon the location of the project (within the overlay area) relative to the airport location (see section 21-2-7.15, table 2.7-2 of this section 21-2-7 for requirements):

      1.   Public Disclosure Of Potential Noise Impacts: No person shall sell, nor offer for sale, or rent/lease any property unless the prospective buyer or renter has been notified of the fact that the property is located within the Aviation Overlay and that the property therein is subject to potential noise impacts from the Eloy Municipal Airport.

      2.   Notification Of Plat Or Title: When a subdivision plat or parcel split is required, the following note shall be placed on the plat and/or recorded with the title:

         These properties, due to their proximity to the Eloy municipal airport, are likely to experience aircraft overflights, which could generate noise levels which may be of concern to some individuals.

      3.   Noise Attenuation: The construction, alteration, moving, partial demolition, repair and use of any occupied building or structure within the Aviation Overlay shall comply with the sound attenuation standards in order to achieve an exterior to interior noise level reduction (NLR) of twenty five (25) decibels (dB). Certification of such NLR measures, by an Arizona registered engineer or a registered architect, shall be required to be submitted along with the application for a building permit.

      4.   Avigation Easement: At the time of development or as a building permit is required, the owner of property within the Aviation Overlay shall dedicate an avigation easement to the City of Eloy over and across that property. This easement shall hold the City, public and airport harmless from any damages caused by noise, vibration, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft taking off, landing, or operating on or near the Eloy Municipal Airport, not including the physical impact of aircraft or parts thereof. (Ord. 18-880, 7-23-2018)

21-2-7.18: DOWNTOWN CORE OVERLAY (DCO):

21-2-7.19: GENERAL PURPOSE:

   A.   The purpose of the Downtown Core Overlay (DCO) District is to allow a diverse mixed-use area for specialty retail, neighborhood residential, and tourist trade in the heart of Eloy. The intent of this overlay district is to enhance the vitality, character and economic viability of the buildings and property within the downtown area. The ability to provide a pedestrian oriented specialty retail/residential/employment district is the overall goal.

   B.   Six (6) key themes have been identified for the Downtown Core area. These are: 1) establishing an authentic Hispanic experience with uses such as a mercado, fiesta patrias, salsa festival, carneceria, or bakery, 2) focus on agritourism uses like a farmer’s market, organic farming and local farm-to-table restaurants, 3) skydiving-related office and retail sales, 4) business incubators and home occupations, 5) veteran’s center or related services, and 6) artist and crafts colony.

   C.   The district shall be in addition to, and shall overlay, all other zoning districts where it is applied.

   D.   Development standards are adapted to encourage utilization of recorded, legally nonconforming substandard lots. (Ord. 18-880, 7-23-2018)

21-2-7.20: APPLICABILITY:

   A.   The Downtown Core Overlay (DCO) provides alternative development standards applying to properties which, as a result of existing lot dimensions and/or permitted uses, may benefit from regulatory flexibility for preservation, revitalization, redevelopment and other property improvements.

   B.   The Downtown Core Overlay (DCO) is identified and described in the Eloy General Plan and in the City’s Official Zoning Map graphic approved by the Eloy City Council in July 23, 2018, or such subsequent map adopted through a general plan amendment.

   C.   The owner of any recorded lot within the Downtown Core (DCO) that does not meet current dimension criteria, may apply for building permits subject to the overlay provision(s) pertaining to the specific substandard condition(s) of the property.

   D.   Notwithstanding DCO criteria, development on any parcel within the district may be constructed or improved in accord with the provisions of the underlying district.

   E.   Site plan review, in accord with section 21-6-11 of this chapter, shall be required for all development and construction within the Downtown Core Overlay (DCO) District. Uses permitted in the underlying base zoning district and conforming with such district’s density, area, building, yard and other applicable regulations and uses utilizing the Downtown Core Overlay (DCO) District flexibility criteria are subject to administrative site plan review and approval, except that structures or sites specifically designated as having special architectural or historical significance by the National Historic Register, the Frontier Street Historic Resource Survey or other recognized authority shall be considered by the Planning and Zoning Commission and City Council.

   F.   Exceptions to the regulations of sections 21-1-6.2 and 21-1-6.3 of this chapter, “nonconforming uses”, are contemplated by the Downtown Core Overlay (DCO) District intent to allow and encourage revitalization of nonconforming lots and structures.

      1.   Optimal density, area, building and yard regulations may be proposed to foster improved utilization of nonconforming properties.

      2.   Upon site plan review, the Community Development Director may approve combinations of uses and adjustments to development criteria provided in this Downtown Core Overlay (DCO) District which contribute to the General Plan’s revitalization and redevelopment goals, objectives and policies.

      3.   Residential development rights, to which a property owner is entitled but cannot or chooses not to exercise, may be certified by the Zoning Administrator for transfer and utilization on another site, in accord with section 21-1-6.5 of this chapter. (Ord. 18-880, 7-23-2018)