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)

21-2-7.21: PERMITTED USES:

   A.   The land uses permitted within the Downtown Core (DCO) Overlay Zoning District shall be those designated in table 2.7-3 of this section:

      TABLE 2.7-3

      DOWNTOWN CORE OVERLAY ALLOWED USES

 

Those uses permitted by right in the underlying districts	Yes
Mixed-use adding residential to commercial	Yes
Mixed-use adding commercial, subject to Zoning Administrator approval	Yes
Transfer residential development rights in sector	Yes
Transfer residential development rights outside of sector	Yes

 

   B.   The following accessory uses or improvements may be permitted subject to Community Development Director approval:

      1.   Public or private open space, pathways.

      2.   Amenities for pedestrians or cyclists such as benches, bike racks.

      3.   Outdoor dining for customers or employees. (Ord. 18-880, 7-23-2018; Ord. 20-891, 1-27-2020)

21-2-7.22: DOWNTOWN CORE OVERLAY DEVELOPMENT STANDARDS:

   A.   The development standards identified in Table 21-2-7.22.B. of this section apply to all principal uses and structures in Downtown Core District Overlay (DCO), except as otherwise expressly stated in this chapter. Where there is a conflict between the development standards of the overlay zone and the underlying district, the development standard of the overlay zone shall apply.

   B.   The provisions of Article IV. General Development Regulations shall apply to property zoned a Downtown Core District Overlay (DCO).

Table 21-2-7.8.B. Downtown Core District Overlay Standards
Use	Minimum Lot Area	Area/DU	Lot Width	Building Height	Minimum Setback				Lot Coverage
					Front	Side	Street Side	Rear
Single- Family Detached Dwelling 1	5,000 sq. ft.	5,000 sq. ft.	50'	35'	20'	5'	10'	20'	50%
Duplex1	5,000 sq. ft.	2,500 sq. ft.	25'	35'	20'	5'	10'	20'	50%
Single- Family Attached Dwelling 1	2,500 sq. ft.	2,500 sq. ft.	25'	36'	20'	0'3	10'	20'	50%
Multiple Family Dwelling 1	5,000 sq. ft.	2,000 sq. ft.	50'	42'	15'	5'	15'	20'	50%
Non- residenti al Uses and Mixed Use1	5,000 sq. ft.	2,500 sq. ft.	50'	42'	20'	0'4	10'	20'	50% two- story; 60% one-story
Zero Lot Line Non- residenti al uses1,2 and mixed use1, 2, 5	2,500 sq. ft.	2,500 sq. ft.	25'	42'	0'	0'4	10'	20'	50% two- story; 60% one-story

 

      1.   No lot or parcel may be subdivided, split or otherwise revised to have lower area or dimension than allowed in this table to qualify for overlay flexibility.

      2.   Zero lot line standards.

            a.   Zero lot line design approaches may be acceptable, upon:

            i.   Compliance with the Building and Fire Code requirements.

               ii.   Abutting development that is constructed with a zero setback from the same property line, or the property owner obtains a five (5) foot wide private use and maintenance easement from the property owner of the abutting lot of zero setback property line.

            b.   Street side yard setbacks shall not impede the traffic visibility triangle as determined by the City Engineer pursuant to section 21-4-2.11 of this chapter.

            c.   To accommodate Multi-family, duplex and single-family attached dwelling developments, lots and parcel may combine parcels for zero lot line development. Minimum setbacks required on end units, to be determined during site plan review.

            d.   All development approvals are contingent upon providing adequate parking, as determined by the Community Development Director, which may include parking under upper floors, alley access parking, joint/shared use and stacked parking

            e.    Access to parking shall not be provide through the front yard of a lot or parcel less that fifty (50) feet in width.

      3.   A five (5) foot side setback shall be provided on the end lot abutting an interior side property line. The end lot contains the last unit on either end of a roll of consecutive attached units on individual lots.

      4.   A minimum ten (10) foot interior side setback shall be provided abutting a subdivision tract that is less than ten (10) feet wide where the tract abuts a right-of-way or private street tract. A five (5) foot interior side setback is allowed abutting a subdivision tract that is ten (10) feet wide or greater where the tract abuts a right-of-way or private street tract. The subdivision tract shall be owned by the homeowner association.

      5.   Non-residential and residential area of a mixed use development shall be horizontally or vertically integrated on the same lot. For each one (1) gross square foot of commercial floor, three (3) gross square feet of residential floor area (including the gross floor area of interior amenities and common area) is allowed.

(Ord. 18-880, 7-23-2018; Res. 1601, 10-14-2024)

21-2-7.23: HISTORIC PRESERVATION OVERLAY (HP):

21-2-7.24: GENERAL PURPOSE:

   A.   The purpose of the Historic Preservation Overlay (HP) zone is to assist in implementing the General Plan for the recognition, preservation, and enhancement of landscape features, objects, structures, and sites that represent distinctive events, and elements of cultural, political, architectural, and archaeological significance (hereafter "Resources") that have historic and heritage significance within the City. Furthermore, the HP zone is intended to encourage the economic reuse of resources when appropriate, promote cultural awareness through the recognition and preservation of the Resources, and provide for the education and general welfare of the public. (Res. 24-1600, 10-14-2024)

21-2-7.25: CRITERIA TO REZONE TO THE HISTORIC PRESERVATION OVERLAY (HP):

   A.   In addition to the Issues for Consideration criteria for a Zoning Map Amendment of Article VI of this Chapter, to be eligible to be zoned with the Historic Preservation Overlay:

      1.   The City Council shall first find that the property(ies) identified in the application meets the criteria to be designated a Landmark or Historic District as specified in this Chapter; and

      2.   The Resources on the property occurred at least fifty (50) years ago; younger properties may be eligible when a significant event or improvement has occurred on the property that complies with the National Register Criteria for Evaluation. (Res. 24-1600, 10-14-2024)

21-2-7.26: CRITERIA FOR LANDMARKS OR HISTORIC DISTRICTS:

   A.   Landmarks:

      1.   The City Council may designate a Resource(s) as a Landmark that complies with the following criteria:

         a.   The Resource possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation;

         b.   The Resource is identified with historic personages or events;

         c.   The Resource embodies the distinguishing characteristics of an architectural style;

         d.   The Resource is the work of a designer whose work has significantly influenced an age; or

         e.   Because of a Resources unique location or singular physical characteristic, represents an established and familiar visual feature of the community.

   B.   Historic District:

      1.   The City Council may designate several properties as a Historic District that complies with the following criteria:

         a.   Contains several properties which meet one or more of the criteria for designation of a landmark;

         b.   By reason of possessing such qualities, it constitutes a district section of the City; and

         c.   The majority of owner(s) of the properties concur with the designation. (Res. 24-1600, 10-14-2024)

21-2-7.27: NOTIFICATION REQUIREMENTS FOR CITY INITIATED APPLICATIONS:

   A.   The Community Development Director shall notify the property owner(s) by registered mail of an application initiated by the City Council, Planning and Zoning Commission, or the Zoning Administrator within fifteen (15) days of the application submittal to zone the property with the HP overlay. (Res. 24-1600, 10-14-2024)

21-2-7.28: STAY OF BUILDING PERMITS:

   A.   The Building Official shall not issue any building permits, and no construction or demolition activity shall occur unless allowed by the Building Official for emergency purposes, on a property that the City Council or Planning and Zoning Commission has initiated an application, or that application has been submitted to rezone the property to the HP overlay. The stay of the building permit and construction or demolition activity shall remain in place until the City Council has made a decision on the application, the application has been withdrawn, or one (1) year has passed since the City Council or Planning and Zoning Commission initiated the application.

   B.    By a majority vote of those present, the City Council may extend the stay of the building permits, and construction and demolition activity on the property of an application for a period not to exceed four (4) months from the stay's expiration date. The stay of the building permits, and construction and demolition activity for an application on a property may be extended no more than twice. (Res. 24-1600, 10-14-2024)

21-2-7.29: USE STANDARDS:

   A.   The applicable underlying zoning district's use regulations shall apply to the HP Overlay, except that the City Council may approve additional land uses included as part of the Landmark's Historic Preservation Plan. To approve additional land uses, the City Council shall find that the proposed land use(s) are necessary to:

      1.   Maintain the integrity of the Landmark's purpose for which it received its designation;

      2.    Maintain the economic vitality of the Landmark; and

      3.    Promote the general welfare of the public.

   B.   The City Council may impose requirements on additional land uses. (Res. 24-1600, 10-14-2024)