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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
21-2-1: ZONING DISTRICTS AND MAP ESTABLISHED:
21-2-1.1: ZONING DISTRICTS ESTABLISHED:
21-2-1.2: ZONING MAP ESTABLISHED:
21-2-1.3: BOUNDARY DETERMINATION:
21-2-2: RESIDENTIAL DISTRICTS:
21-2-2.1: GENERAL PURPOSE:
21-2-2.2: RESIDENTIAL DISTRICTS ENUMERATED:
21-2-2.3: RESIDENTIAL USE STANDARDS:
21-2-2.4: RESIDENTIAL DEVELOPMENT STANDARDS:
21-2-2.5: SINGLE-FAMILY RESIDENTIAL DEVELOPMENT REQUIREMENTS AND GUIDELINES:
21-2-2.6: MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT REQUIREMENTS AND GUIDELINES:
21-2-3: COMMERCIAL DISTRICTS:
21-2-3.1: GENERAL PURPOSE:
21-2-3.2: COMMERCIAL AND MIXED-USE DISTRICTS ENUMERATED:
21-2-3.3: COMMERCIAL AND MIXED-USE STANDARDS:
21-2-3.4: COMMERCIAL AND MIXED-USE DEVELOPMENT STANDARDS:
21-2-3.5: COMMERCIAL AND MIXED-USE DEVELOPMENT REQUIREMENTS AND GUIDELINES:
21-2-3.6: ADDITIONAL DESIGN STANDARDS:
21-2-4: PUBLIC FACILITIES DISTRICT:
21-2-4.1: GENERAL PURPOSE:
21-2-4.2: PUBLIC FACILITIES USE STANDARDS:
21-2-4.3: PUBLIC FACILITIES DEVELOPMENT STANDARDS:
21-2-4.4: PUBLIC FACILITIES DESIGN GUIDELINES:
21-2-5: INDUSTRIAL DISTRICTS:
21-2-5.1: GENERAL PURPOSE:
21-2-5.2: INDUSTRIAL DISTRICTS ENUMERATED:
21-2-5.3: INDUSTRIAL USE STANDARDS:
21-2-5.4: INDUSTRIAL DEVELOPMENT STANDARDS:
21-2-5.5: INDUSTRIAL DEVELOPMENT REQUIREMENTS AND GUIDELINES:
21-2-5.6: ADDITIONAL DESIGN STANDARDS:
21-2-6: OPEN SPACE DISTRICTS:
21-2-6.1: GENERAL PURPOSE:
21-2-6.2: OPEN SPACE DISTRICTS ENUMERATED:
21-2-6.3: OPEN SPACE USE STANDARDS:
21-2-6.4: OPEN SPACE DEVELOPMENT STANDARDS:
21-2-7: OVERLAY ZONING DISTRICTS:
21-2-7.1: PLANNED AREA DEVELOPMENT OVERLAY (PAD):
21-2-7.2: GENERAL PURPOSE:
21-2-7.3: APPLICABILITY:
21-2-7.4: STANDARDS ELIGIBLE FOR MODIFICATION:
21-2-7.5: APPROVAL CRITERIA:
21-2-7.6: MANUFACTURED HOME OVERLAY DISTRICTS:
21-2-7.7: GENERAL PROVISIONS:
21-2-7.8: MANUFACTURED HOME DEVELOPMENT STANDARDS:
21-2-7.9: MANUFACTURED HOME PARK DESIGN GUIDELINES:
21-2-7.10: RECREATIONAL VEHICLE PARK DEVELOPMENT GUIDELINES:
21-2-7.11: TINY HOUSE PARK DESIGN GUIDELINES:
21-2-7.12:
21-2-7.13: GENERAL PURPOSE:
21-2-7.14: APPLICABILITY:
21-2-7.15: AVIATION OVERLAY SECTORS:
21-2-7.16: PERMITTED USES:
21-2-7.17: SUPPLEMENTAL DEVELOPMENT PROVISIONS (AO):
21-2-7.18: DOWNTOWN CORE OVERLAY (DCO):
21-2-7.19: GENERAL PURPOSE:
21-2-7.20: APPLICABILITY:
21-2-7.21: PERMITTED USES:
21-2-7.22: DOWNTOWN CORE OVERLAY DEVELOPMENT STANDARDS:
21-2-7.23: HISTORIC PRESERVATION OVERLAY (HP):
21-2-7.24: GENERAL PURPOSE:
21-2-7.25: CRITERIA TO REZONE TO THE HISTORIC PRESERVATION OVERLAY (HP):
21-2-7.26: CRITERIA FOR LANDMARKS OR HISTORIC DISTRICTS:
21-2-7.27: NOTIFICATION REQUIREMENTS FOR CITY INITIATED APPLICATIONS:
21-2-7.28: STAY OF BUILDING PERMITS:
21-2-7.29: USE STANDARDS:
21-2-7.30: DEVELOPMENT STANDARDS AND MODIFICATIONS:
21-2-7.31: HISTORIC PRESERVATION PLAN:
21-2-7.32: CERTIFICATE OF APPROPRIATENESS OR CERTIFICATE OF NO EFFECT, WHEN REQUIRED:
21-2-7.33: CERTIFICATE FOR ECONOMIC HARDSHIP:
21-2-7.34: MAINTENANCE AND REPAIR REQUIRED:
21-2-7.35: VIOLATION; PENALTY:
ARTICLE III. SUPPLEMENTAL USE STANDARDS
ARTICLE IV. GENERAL DEVELOPMENT REGULATIONS
ARTICLE V. ADMINISTRATION
ARTICLE VI. ZONING PROCEDURES
ARTICLE VII. ENFORCEMENT
ARTICLE VIII. NONCONFORMITIES
ARTICLE IX. DEFINITIONS AND ACRONYMS
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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)
21-2-7.30: DEVELOPMENT STANDARDS AND MODIFICATIONS:
   A.   The applicable underlying zoning district's development standards shall apply to the HP Overlay, except that the City Council may approve modifications to the development standards as part of the Landmark's or Historic District's Preservation Plan. To approve modifications to the development standards, the City Council shall find that the proposed modifications are necessary to:
      1.   Maintain the integrity of the Landmark on the property for which it received its designation:
      2.   Maintain the integrity of the properties of the Historic District for which it received its designation:
      3.   Maintain the economic vitality of the Landmark or Historic District; and
      4.   Allow the Landmark or Historic District to maintain conformance with the Historic Preservation Plan.
   B.   If there is a conflict between the development standards of the Historic Preservation Plan and the development standards of the underlying district, the development standards of the Preservation Plan shall control. (Res. 24-1600, 10-14-2024)
21-2-7.31: HISTORIC PRESERVATION PLAN:
   A.   All Zoning Map Amendment applications to zone property with the HP Overlay zone shall include a Historic Preservation Plan that is to be approved by the City Council as part of the application to zone property to the HP Overlay. The Historic Preservation Plan is to include a comprehensive set of documents for the proposed Landmark or Historic District that involves compiling information about the Resource(s), which may include information about the archaeological assets, building(s), historical events, improvement, sites, structures, etc. The Historic Preservation Plan typically includes such information as Historic Structure Reports, Conditions Assessment Reports, archaeological surveys, and technical analyses. Furthermore, the Plan is essential for addressing present conditions, providing an action plan for the future use and preservation of the Resource(s) and implementing the plan recommendations. All Historic Preservation Plan shall include a set of guidelines for additions, modifications, repairs, rehabilitation, and restoration of the resource. In addition, the Historic Preservation Plan shall include modifications to the land use and development standards that are necessary to maintain and preserve the integrity and economic vitality of the Resource(s). For additional information and submittal requirements, refer to the Historic Preservation Plan Submittal Guide and Zoning Map Amendment Application checklist available from the Community Development Department.
   B.   Modification to a Historic Preservation Plan: A modification to the land use, development standards, and design standards of a Historic Preservation Plan shall be processed with a Zoning Map Amendment and receive the approval of the City Council. (Res. 24-1600, 10-14-2024)
21-2-7.32: CERTIFICATE OF APPROPRIATENESS OR CERTIFICATE OF NO EFFECT, WHEN REQUIRED:
   A.   Ordinary maintenance or repair of any structure or site improvement zoned with the HP Overlay that does not alter or modify the historic character of the structure or property does not require the approval Certificate of No Effect or a Certificate of Appropriateness.
   B.   No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, move of a Landmark or structures in a Historic District, or make modifications of any material change to the appearance of property, including its light fixtures, signs, sidewalks, fences, steps, paving, roof, or other exterior elements visible from a public street or alley which affect the appearance and cohesiveness of the Landmark or Historic District, without first obtaining a Certificate of No Effect from the Community Development Director or Certificate of Appropriateness from the Planning and Zoning Commission.
   C.   An application for a Certificate of Appropriateness or Certificate of No Effect shall be submitted and decided upon in accordance with the provisions and procedures of Article VI. Zoning Procedures of this Chapter. (Res. 24-1600, 10-14-2024)
21-2-7.33: CERTIFICATE FOR ECONOMIC HARDSHIP:
   A.   A property owner may submit a Certificate of Economic Hardship when:
      1.   The Certificate of Appropriateness for a proposed alteration has been denied; or
      2.    The Landmark or contributing property in a Historic District is damaged or destroyed by fire, flood, or similar abnormal and identifiable event.
   B.   An application for a Certificate for Economic Hardship shall be submitted and decided upon in accordance with the provisions and procedures of Article VI. Zoning Procedures of this Chapter. (Res. 24-1600, 10-14-2024)
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