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RESOLUTION NO.: 24-1598

(CASE NO. ZTA2024-001: RESIDENTIAL WALLS AND FENCES)

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF ELOY, PINAL COUNTY, ARIZONA, DECLARING AS A PUBLIC RECORD FOR THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED “ZTA2024-001: RESIDENTIAL WALLS AND FENCES".

WHEREAS, State Law allows cities to declare documents a public record for the purpose of incorporation into city ordinances; and

WHEREAS, the City of Eloy wishes to incorporate by reference amendments to the Eloy Zoning Ordinance, by first declaring said amendment to be a public record.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ELOY, ARIZONA, AS FOLLOWS:

SECTION 1. Declaration of a Public Record. That certain document entitled “ZTA2024-001: Residential Walls and Fences,” a copy of which is attached hereto as Exhibit A is hereby declared a public record.

SECTION 2. Copies Filed with the City Clerk. Three copies of that certain document entitled “ZTA2024-001: Residential Walls and Fences” shall remain on file with the City Clerk and to be available for public use and inspection during regular business hours.

PASSED AND ADOPTED by the City Council of the City of Eloy, Pinal County, Arizona, this 14 th day of October 2024.

APPROVED:

Micah Powell, Mayor

ATTEST:

Mary Myers, City Clerk

APPROVED AS TO FORM:

Stephen Cooper, City Attorney

EXHIBIT A

ZTA2024-001 Residential Walls and Fences

Modification to Chapter 21 Zoning of the Eloy Code

How to read this document.

∙   Sections and italic text are instructions to the City Clerk and the City's codifier for amending the Eloy Code.

∙   Double Underlined blue text are additions to the Eloy Code.

∙   Crossed out red text are deletions to the Eloy Code.

∙   Table format modifications are implemented, as shown in the revised table.

∙   New figures are signified with a thick blue border.

Section 1.:    Amend Chapter 21 Zoning, Article IV. General Development Regulations, Section 21-4-2.10: Fences and Hedges, as follows:

21-4-2.10:  FENCES AND HEDGES FENCES, HEDGES AND WALLS :

A.      Opaque walls and fences required.

1.   A lot or parcel without the Planned Area Development Overlay (PAD) having a net lot area of one (1) acre, or less, and used to provide a single-family attached or detached dwelling, duplex dwelling, modular home dwelling, manufactured home, or similar dwelling as determined by the Zoning Administrator, shall have an opaque fence or wall in accordance with the following:

a.   Vacant and undeveloped lots and redevelopment/replacement of an existing dwelling unit. Prior to receiving a final inspection, a solid opaque wall or fence with a minimum height of five (5) feet, unless a lower height is allowed in subsection A.1.a.i., A.1.a.ii., or A.1.a.iii. of this section, shall be constructed to enclose the rear yard, side yard(s), and street side yard(s) or portion(s) of the yard thereof, with the development of a dwelling unit(s).

i.    A minimum of four (4) foot tall solid opaque wall or fence is allowed between a lot or parcel abutting or adjacent to an open space area that is greater than fifty (50) feet and less than one hundred (100) feet in width (The open space area width is measured abutting the lot.).

ii.   A minimum of two (2) foot tall solid opaque wall or fence is allowed abutting or adjacent to an open space area that is equal to, or greater than, one hundred (100) feet and less than two hundred (200) feet in width (The open space area width is measured abutting the lot.).

iii.    A solid opaque fence or wall is not required between a lot or parcel abutting or adjacent to an open space area that is equal to, or greater than, one hundred (100) feet and less than two hundred (200) feet in width (The open space area width is measured abutting the lot.).

b.   Developed lots. Where a lot or parcel contains a dwelling unit, an opaque wall or fence with a minimum height of five (5) feet, unless a lower height that is allowed in subsection A.1.a.i., A.1.a.ii., or A.1.a.iii. of this section, shall be constructed with the development of an accessory structure, an addition to a dwelling unit, or modification to an existing dwelling unit if the accessory structure, the addition, or modification to the dwelling unit has a building valuation equal to, or greater than, sixty percent (60%) of the appraised value of the property at the time of the building permit application. The appraised value of the lot or parcel is the amount assigned to the property by Pinal County's Assessor at the most recent assessment.

2.   Chain link fences with slat, screen, or similar applications and material as determined by the Zoning Administrator shall not be allowed for the solid opaque area of a fence required by subsection A.1. of this section.

3.   The City Council may approve a modification to the requirements of subsection A.1. with the adoption of a Resolution of the Council concurrent with the final plat approval. When modifications are approved by the City Council, the modifications shall be noted on the final plat, including the final plat case number and Resolution number.

4.   The requirement of

B.   Manufactured Home Parks and Tiny House Parks.

1.    Dwellings in a manufactured home park or tiny house park development are not required to have an opaque fence or wall between unsubdivided lease areas.

2.   Manufacture home park and tiny house park developments shall have an opaque fence or wall around the perimeter of the development in compliance with subsection A of this section.

A. C.    Approvals and Permits   Permit Required:

1.      Fences or walls shall not be constructed without first making an application for and securing an approval from the Community Development Department. The application shall include a site plan and elevations showing fence materials, colors, heights and gates. The site plan shall show the location of the fence and include survey or plat information that shows: property lines, setbacks, easements and rights-of-way. This requirement does not apply to fences that are located a minimum of ten (10) feet behind any property line of the subject parcel.

2.      In addition, fences greater than six   seven (7') feet (6') in height or retaining walls extending more than four feet (4') two (2) feet, or greater, in height require a building permit and supporting structural calculations prepared by a   an Arizona licensed structural engineer. Retaining concrete block walls shall adhere to adopted Building Codes.

B. D.     Locations: All hedges shall be located entirely upon the private property of the persons, firms, or corporations planting the hedge. All fences shall be located entirely upon the private property of the persons, firms, or corporations constructing, or causing the construction, of such fence unless the owner of the adjoining property agrees, in writing, that such fence may be erected on the division line of the respective properties. Fences are not required to be set back from the property line except as otherwise specified in this chapter. A fence shall be treated as an accessory use and will not be allowed without a primary use on the site.

C. E.     Approved Fence Materials: All fences shall be constructed with conventional fencing materials such as masonry, concrete, preformed concrete sections, treated wood, decorative metal, stone, and vinyl. These materials should   shall be non-reflective desert tones   have earth tones with an equivalent color that has a light reflective value equal to, or less than, sixty percent (60%) . Within Residential, Industrial and Aviation Overlay Zoning Districts, chain link fences may be allowed with the approval of the Community Development Director. Chain link fencing is only permitted in Commercial Zoning Districts if it is inside of a fence that is constructed of allowed materials. Mesh affixed to chain link fencing shall not constitute "view obscuring." Wire fences, including, but not limited to, hog wire and chicken wire may be used for animal enclosures but cannot be used for a perimeter fence.

D. F.     Finished Elevations: Any fence that is constructed to have only one elevation "finished," which shall be defined as not having its supporting members significantly visible, shall be erected so that the finished elevation of the fence is exposed to the adjacent property or street.

E. G.     Fence and Hedge Height Standards:

1.   Fences or hedges located between the front yard building setback line and the front property line of a lot may not exceed four feet (4') in height in any zoning district, except as modified by Section 21-4-2.11. Hacienda-style front arches and gates cannot be erected without the approval of the Community Development Director.

2.      In areas behind a required front yard building setback and within the required rear and side yards, the maximum height of fences shall be six feet (6'), in a residential district and ten feet (10') in a nonresidential district.

F. H.     Measuring Fence And   and Hedge Heights: The height of any fence or hedge shall be calculated to the uppermost points as follows: In required yards abutting a street, the height of the fence or hedge shall be the height measured from the curb or finished grade of the street. On non-street property lines, the height may be measured from the finished grade on either side of the fence or hedge. Where two (2) lots abut one another , or a lot abuts a street or open space tract, but have differing finish grades, the fence or hedge height shall meet the requirements in Section 21-4-2.10-E   21-4-2.10.F on the high side and can be a maximum of two feet (2') higher on the low side (Figure 21-4-2.10.G.).

Figure 21-4-2.10.G. – Residential-to-Residential and Residential-to-Street or Openspace Tract

G I.     Undulating Fence Required: All fences along arterial and collector streets with a continuous length greater than two hundred feet (200') shall use an undulating pattern at minimum intervals of one hundred feet (100') or at every other side lot line, whichever is less in distance, to provide variety and visual interest. The undulation depth from the street line shall be a minimum of three feet (3'). Alternate patterns to the above requirements may be approved by the Reviewing Authority as specified in Section 21-6-3 during preliminary and final plat, site plan and/or development plan review process.

H. J.     Exemptions: The following are exempt from the height restrictions for fences and hedges:

1.   Schools and other public or quasi-public institutions when necessary for the safety or restraint of the occupants, including correctional facilities.

2.   Temporary construction sites which are enclosed for security purposes.

3.   An agriculture activity in zoning districts that allow agricultural uses.

4.   Uses in the ranchette residential districts, resort districts and planned area development districts.

5.   Fence materials and height requirements other than specified elsewhere in this article may be approved by the Reviewing Authority as specified in Section 21-6-3 during the preliminary and final plat, site plan and/or development plan review process.

I. K.     Use of Barbed Wire and Concertina Wire:

1.   Barbed or concertina wire fences shall be prohibited in all zoning districts except in the General Industrial (I-2) District.

2.      Barbed or concertina wire fences shall be allowed in the General Industrial (I-2) District if the barbed wire is located eight feet (8') or more above grade and a special permit has been considered and approved by the Reviewing Authority as specified in Section 21-6-3.

3.   Barbed or concertina wire fences shall be allowed on temporary construction sites, provided that the barbed wire is located eight feet (8') or more above grade. Temporary barbed or concertina wire fencing located on construction sites shall be removed from the site at the time of final inspection, or a certificate of occupancy will not be issued.

J. L.     Maintenance: Every fence or hedge will be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, damage, or unsightliness, or constitute a nuisance, public or private. Any fence, or a portion of any fence, which is removed shall be restored to its original or upgraded condition relative to construction, material, and finish whenever exposed to any street or any adjoining property.

K. M.     Other Residential Requirements:

1.   Corner Lots and Key Lots:

a.   On a corner lot contiguous to a key lot, fences and hedges cannot exceed three feet (3') in height on the rear lot line extending ten feet (10') from the street. They also cannot exceed three feet (3') in height on the lot line along the street, extending ten feet (10') from the rear lot line.

b.   On a key lot contiguous to a corner lot, fences and hedges cannot exceed three feet (3') in height on the side lot line which contiguous with the rear yard of the corner lot, extending ten feet (10') from the lot line along the street.

2.      Gates Required: In those instances where a fence is erected as an enclosure, which restricts access from the front to rear yard, a gate shall be a minimum of three feet (3') in width. The location of such ingress points shall be positioned at any point paralleling the front line between the side lot line and the principal structure.

3.      Tennis Courts: Fencing of outdoor tennis courts may be chain link and shall not exceed sixteen feet (16') in height and shall conform to the principal building setback requirement of the zoning district.

4.      Swimming Pools: All swimming pools shall be enclosed by the fences of a single-family residential building or by a solid fence, a chain link or wrought iron fence not less than five feet (5') nor more than six feet (6') in height. Chain link fences for swimming pools cannot be used as perimeter fences. If the design or the material of the fence or gate is such that there are openings, such openings shall be of a size to prohibit a spherical object four inches (4") in diameter from passing through or under the fence or gate. All gates shall be substantially the same height as the wall or the fence and shall be self-closing and self-latching and be constructed in such a manner as to prevent uninvited access.

5.      Noise Attenuation Fence   Wall Required: As part of the infrastructure improvements for Residential   residential subdivisions which   that are adjacent to   to, or abutting, a transportation corridor shall erect a masonry or concrete noise attenuation fence   wall between the homes in the subdivision and the transportation corridor. The fence   wall shall be eight feet (8') in height and shall be constructed of a minimum of six-inch (6") thick concrete block or earthen berm concrete . A transportation corridor shall be defined as any major arterial street, truck route, Interstate 10 10, and the Union Pacific Railroad.