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)

21-2-7.34: MAINTENANCE AND REPAIR REQUIRED:

   A.   Maintenance and upkeep of Resources and properties of a Historic District is required.

   B.   Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a Landmark or property within a Historic District, which does not involve a change in design, material, color or outward appearance.

   C.   No owner or person with an interest in real property designated as a Landmark or included within a Historic District shall allow the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Planning and Zoning Commission, produce a detrimental effect upon the character of the Landmark or Historic District as a whole or the life and character of the property itself.

   D.   Examples of such deterioration include:

      1.   Deterioration of exterior walls or other vertical supports;

      2.   Deterioration of roofs or other horizontal members;

      3.   Deterioration of exterior chimneys;

      4.   Deterioration or crumbling of exterior stucco or mortar;

      5.   Ineffective waterproofing of exterior walls, roofs or foundation, including broken windows or doors; and

      6.   Deterioration of any feature so as to create a hazardous condition, which could lead to the claim that demolition is necessary for public safety. (Res. 24-1600, 10-14-2024)

21-2-7.35: VIOLATION; PENALTY:

   A.   Any person found guilty of violating any provision of this chapter shall be guilty of a misdemeanor and shall be punished in accordance with Section 1-8 of the Eloy Code.

   B.   Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this chapter shall be required to restore the property and its site to their appearance prior to the violation. The City Attorney shall bring any action to enforce HP Overlay. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty. (Res. 24-1600, 10-14-2024)

ARTICLE III. SUPPLEMENTAL USE STANDARDS

SECTION:

21-3-0: Introduction

21-3-1: Supplemental Use Standards Enumerated

21-3-1.1: Additional Regulations For Specific Uses

21-3-1.2: Adult Entertainment Businesses

21-3-1.3: Agriculture, General

21-3-1.4: Animal Hospital

21-3-1.5: Assisted Living Center

21-3-1.6: Automotive Repair, Minor And Major

21-3-1.7: Concentrated Animal Feeding Operations (CAFOs)

21-3-1.8: Campground

21-3-1.9: Caretaker Quarters

21-3-1.10: Carnivals, Circuses, Revivals, Rodeos And Similar Activities

21-3-1.11: Child Care, Center

21-3-1.12: Child Care, Home

21-3-1.13: College/University

21-3-1.14: Commercial Riding Stables

21-3-1.15: Convenience Store

21-3-1.16: Dairy Farms

21-3-1.17: Detention/Correctional Facilities

21-3-1.18: Drive-Through Facility

21-3-1.19: Extractive Industries

21-3-1.20: Farms/Ranching Activities

21-3-1.21: Group Care Homes

21-3-1.22: Home Occupations

21-3-1.23: Kennel, Animal (Shelter)

21-3-1.24: Medical Marijuana Cultivation

21-3-1.25: Medical Marijuana Dispensary

21-3-1.26: Medical Marijuana Infusion

21-3-1.27: Microbrewery, Craft Distillery Or Tasting Room

21-3-1.28: Nursing Home

21-3-1.29: Commercial Entertainment, Outdoor

21-3-1.30: Outdoor Storage Facilities

21-3-1.31: Outdoor/Mobile Vending

21-3-1.32: Non-Chartered Financial Institution (Payday Loan Facility)

21-3-1.33: Recreational Marijuana: Establishments, Testing And Dual Licensee Facilities

21-3-1.34: Religious Assembly

21-3-1.35: Resident Care Home

21-3-1.36: Schools (Boarding, Private, Public, K - 8, 9 - 12)

21-3-1.37: Self Service Storage

21-3-1.38: Service Station

21-3-1.39: Solar, Utility Scale Generation And Battery Energy Storage System Facilities

21-3-1.40: Tiny Houses

21-3-2: General Development Standards For Accessory Uses, Buildings And Structures

21-3-2.1: Purpose

21-3-2.2: Establishment Of Accessory Buildings, Structures And Uses

21-3-2.3: General Development Standards For Accessory Buildings, Structures And Uses

21-3-2.4: Location Standards For Accessory Buildings, Structures And Uses

21-3-2.5: Size Standards For Accessory Buildings And Structures

21-3-2.6: Additional Standards For Specific Accessory Buildings, Structures And Uses

21-3-2.7: Cargo Containers

21-3-2.8: Animals

21-3-2.9: Outdoor Display And Sales

21-3-2.10: Outdoor Storage

21-3-2.11: Swimming Pools

21-3-3: Temporary Uses

21-3-3.1: Purpose

21-3-3.2: Temporary Use Approval

21-3-3.3: Allowed Temporary Uses