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Eloy Overview
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
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15-4-1: PURPOSE:
The purpose of this article is to provide the development community with a consistent set of standards to guide the physical development and the visual quality of the community. The design standards in this article apply to all development in the City. They focus on preservation and revitalization of many aspects of the current rural/urban character of the City, while at the same time encouraging new development that is dynamic, creative and imaginative. (Ord. 18-879, 7-23-2018)
15-4-2: GENERAL:
   A.   Every subdivision shall conform to the Eloy Zoning Ordinance, other ordinances and regulations of the City, and the Arizona Revised Statutes, as well as implement the goals, objectives, and policies of the Eloy General Plan. In the event two (2) or more requirements conflict, the most restrictive requirement shall apply.
   B.   All public improvements shown on the preliminary plat, and any additional improvements that may be required by the City Council as a condition for approval of the final plat, shall be the responsibility of the developer.
   C.   All improvements shall be accepted by the City Engineer prior to the issuance of building permits for lots within the subdivision. Building permits for model homes, sales office and construction site trailers may be allowed, prior to the acceptance of the subdivision improvements by the City Engineer, with a temporary use permit (TUP) through the Community Development Department.
   D.   Where the area proposed for development contains all or part of a park, a school, flood control facility, or other public site, as shown on the General Plan or as recommended by the City Council, such site shall either be dedicated to the public or reserved for acquisition by the public or appropriate agency within a specified period of time as prescribed in Arizona Revised Statutes 9-463.01(D) and (E). An agreement shall be reached between the subdivider and the appropriate public agency regarding time, method, and cost of such acquisition.
   E.   Land which is subject to periodic flooding, land which cannot be properly drained, or land which is otherwise unsuitable for residential, commercial, or industrial uses shall not be subdivided; except that the City Council may approve the subdivision of such land upon receipt of evidence, including subdivision construction assurances, satisfactory to the City Engineer, City Attorney and Pinal County Floodplain Administrator that the construction of specific improvements will render the land suitable. The construction of subdivision improvements shall not commence until after final plat approval and financial assurances have been secured to the satisfaction of the City Engineer and City Attorney. (Ord. 18-879, 7-23-2018)
15-4-3: SUBDIVISION SITE DESIGN STANDARDS:
   A.   General Site Design Requirements:
      1.   Density: Regardless of the density of the individual developments, single-family residential subdivisions, and condominium or multi-family subdivisions may be required to provide open space, provide buffering to adjacent developments, provide landscaping, and provide physical connections to adjacent neighborhoods and to the community open space network and trail system.
      2.   Commercial And Industrial Subdivisions: Commercial and industrial subdivisions shall be subject to all the requirements set forth in the Zoning Ordinance and shall be designed according to the same principles governing the design of residential developments; namely, buildings shall be located according to topography; factors such as drainage, noise, odor, and surrounding land uses considered in siting buildings; sufficient access shall be provided; adverse impacts buffered; and open space, and landscaping provided. In addition, the following standards shall apply to commercial and industrial subdivisions:
         a.   Lots that back up to an existing or residentially designated land shall be designed with extra depth, and a landscape buffer strip shall be required.
         b.   Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.
         c.   The City Engineer and the City Council may impose special requirements with respect to the design, construction and installation of the public utilities, stormwater drainage, street, curb, gutter and sidewalk.
         d.   Street right-of-way and pavement design shall be adequate to accommodate the type and volume of traffic anticipated to be generated by the development.
      3.   Open Spaces And Trails: Those portions of the community open space network and/or trail system adjacent to, or within, the area proposed for development shall be incorporated by that development. Construction of these open spaces and/or trails shall be the responsibility of the subdivider/developer and shall be part of the subdivision improvements. These trails shall be part of a "tract" and maintained by a homeowners/property owners' association with the exception of the trails as specifically delineated in the Eloy General Plan, which shall be dedicated to the public.
      4.   Variations Through PAD Process: The development, through the planned area development (PAD) process as described in the Eloy Zoning Ordinance, upon the requisite findings, may vary the minimum lot area, minimum setbacks, and the maximum lot coverage from the standards specified in the zoning district(s), in effect over the area considered for subdivision provided that such variations are approved by the City Council prior to, or in conjunction with, the preliminary plat approval for the subdivision.
      5.   Neighborhood (Subdivision) Entryways: In order to enhance the appearance of subdivisions, developers are encouraged to provide landscaping, identification signage and textured pavement at the entryways on at least one major access point to the subdivision. Sight visibility triangles at entryways and landscaping at entryways should be designed to visually enhance all arrival points. Drought tolerant trees, shrubs, and ground covers should accent focal points and enhance the streetscape.
      6.   Signage: Signage, when proposed, shall be attractively designed and submitted along with the required landscape plans for approval. Signs shall be integrated to complement the streetscape and landscaping frontages. Signage shall be in accordance with the requirements of the Zoning Ordinance.
      7.   Textured Entryway Drives: Textured entryway drives (such as decorative stone, stamped concrete or brick) may be incorporated into access points from any collector or arterial street frontages.
   B.   Open Space Requirements:
      1.   If the subdivision is part of a planned area development (PAD), which has been approved by the City, the open space requirements shall be in accordance with the provisions of the approved PAD.
      2.   Open space area shall mean any area of land that can be enjoyed by people. Open space could include landscaped or hardscaped plazas, any parking area landscaping that exceeds that which is required by the Zoning Ordinance, fountains, and sitting areas all meant to provide an open park like atmosphere. Also, playgrounds, golf courses, bicycle trails (but not bike lanes within the public right-of-way), pedestrian trails (not residential sidewalks integrated with the curb), equestrian tracts and trailheads. Not more than fifty percent (50%) of the required open space shall be attributed to golf course use or ancillary golf uses. Open space does not include parking areas, retention/detention basins that are concrete lined or non- landscaped, vacant or undeveloped lots.
      3.   Open space intended to fulfill these open space requirements shall be calculated upon the net acres of the subdivision whether residential, commercial, or industrial. "Net acres" are defined as: total acres exclusive of the area required for arterial or collector street right-of-way dedications and school/public site dedications.
      4.   The open space areas shall be designed in such a manner as to be easily accessible to all lots. "Accessible" means one-sixth (1/6) of a mile or eight hundred eighty feet (880') between any one lot and an entrance area allowing people, bikes or equestrians to enter into the open space area or view the open space area.
      5.   Retention or detention basins, which are required in accordance with the subdivision drainage report, shall not qualify as open space area unless fifty percent (50%) or more of the usable area of the basin is above the 25-year storm and designed to be used as an active multi-use area. The exception to this standard is for commercial and industrial developments, which shall be permitted to calculate the landscaped retention or detention area as part of the required open space area.
      6.   Required open space for all types of subdivisions shall be as prescribed in table 1 of this subsection or per the Council approved PAD; whichever is greater.
      TABLE 1
      OPEN SPACE REQUIREMENTS
Type Of Development
Required Percentage
Of Open Space
Type Of Development
Required Percentage
Of Open Space
Rural Residential (RR-2.5 and larger)
0 percent
Estate Residential (R1-54, R1-43)
5 percent
Single-Family Residential (R1-12)
15 percent
Single-Family Residential (R1-6)
20 percent
Small Lot Residential (R-2)
20 percent
Multiple-Family Residential (R-3)
100 percent first floor FAR
50 percent third floor FAR
Commercial/Mixed Use development
15 percent
Business/Industrial development
10 percent
 
   C.   Landscape And Streetscape Requirements:
      1.   Any lot, parcel, tract or development, or portion thereof, that is adjacent to a City of Eloy, County or State right-of-way shall be required to be landscaped. This "streetscape landscape area" shall consist of the undeveloped portion of the right-of- way (back of sidewalk or pavement edge to the right-of-way edge), in addition to the required front yard setback on site landscaping that is required by this section.
      2.   For any lot, parcel, property or tract that abuts or is adjacent to the Interstate 10 right-of-way or the State Route 87 and State Route 287 rights-of-way, the landscape plan and plant palette shall adhere to the "Landscape Design Guidelines for Urban Highways" prepared for roadside development services by the Arizona Department of Transportation (ADOT), or as may be amended, and shall be approved by ADOT and the City of Eloy. Maintenance agreements for the landscaping within the interstate highway right-of-way shall be required and shall be subject to ADOT and City approvals.
      3.   A landscape area shall be established, per the following table, between the right-of-way line and any buildings, parking lots, walls or fences, or other improvements in association with any use:
      TABLE 15.4.1
      STREETSCAPE LANDSCAPE AREA
 
Adjacent To
Landscape Width
Major arterials
15 feet
Minor arterials
10 feet
Major collectors
10 feet
 
   D.   Required Streetscape Landscape Planting Criteria:
      1.   Low Water Use/Drought Tolerant Plants: All streetscape landscape areas shall be landscaped with vegetation and/or groundcovers or other landscape topping material as identified in the Pinal Active Management Area Low Water Use/Drought Tolerant Plant List. Plants not listed within the Pinal Active Management Area Low Water Use/Drought Tolerant Plant List, but which are low water use/drought tolerant, may be submitted to the City for consideration in the submittal of the preliminary landscape plans.
      2.   Quantity Of Required Streetscape Landscaping: The total quantity of required landscape materials shall be computed for all streetscape landscape areas as follows:
         a.   Trees: A minimum of one tree shall be required per one thousand (1,000) square feet of landscape area and a maximum of one tree shall be required per seven hundred fifty (750) square feet of landscape area, depending on area configuration, orientation and use. All trees shall be twenty four inches (24") box. Calculations that result in a fraction shall be rounded up.
         b.   Shrubs: One shrub shall also be required per two hundred fifty (250) square feet of landscape area. All shrubs shall be a minimum of five (5) gallons in size.
         c.   Groundcover: All groundcover shall be a minimum of one gallon in size. One groundcover plant shall be provided per two hundred fifty (250) square feet of landscape area.
         d.   Landscape Topping Materials: All landscaped areas shall be finished with a natural inert topping material which may include, but is not limited to, decomposed granite (2 inches minimum depth). Type, size and color of landscape topping material for projects shall be approved through the landscape plan review process.
         e.   Placement Of Required Streetscape Landscaping:
         (1) Vegetation shall not be planted in drainage ways.
         (2) Trees may not be planted where they will interfere with any overhead or underground utility lines in their initial planted or mature height or width.
         (3) Trees are not to be planted in any sight visibility triangle. Shrubs to be planted in any sight visibility triangle shall be of varieties that do not exceed mature heights of more than twenty four inches (24"), as measured from finished grade.
         (4) Trees and/or shrubs shall not be planted closer than three feet (3') to any fire hydrant or utility transformer/pole.
         (5) Trees shall not be planted closer than five feet (5'), as measured to the face of any curb.
      3.   Irrigation: All trees and shrubs shall be provided with an automatic drip or soaker irrigation system.
      4.   Weed Prevention: A pre-emergent herbicide shall be applied to the ground prior to and after the placement of natural surface materials (decomposed granite, river run rock, and the like) in any landscaped area to prevent weed growth.
      5.   Landscape Design Compatibility: Landscape designs shall be compatible among adjacent and proximate properties.
      6.   Water Retention Areas: All on-site water retention areas shall be entirely landscaped and shall comply with the following criteria:
         a.   The retention areas shall not occupy more than fifty percent (50%) of the on-site street frontage landscape area;
         b.   All retention areas shall maintain slopes no steeper than 6:1 when adjacent to public rights-of-way, or when there is pedestrian type access to that portion of the basin. Side slopes adjacent to walls, fences, hedges and the like (i.e., no or limited pedestrian type access in that area) may have side slopes up to 4:1.
   E.   Access Requirements:
      1.   Every subdivision (residential, commercial and industrial) shall have two (2) access points.
      2.   Rural and estate type developments shall front onto and take access from streets classified as arterial or collector streets as set forth in the circulation element of the Eloy general plan.
      3.   All residential developments shall front onto and take access from public, or approved private streets, classified as and developed to the City of Eloy street standards.
      4.   Every lot shall have frontage onto a fully improved, publicly dedicated and accepted right-of-way (street or alleyway) that meets all City of Eloy street standards. Private streets that meet City of Eloy street standards may provide frontage to lots if the development is approved through the planned area development (PAD) process.
   F.   Multi-Use Pathways And Trail Requirements:
      1.   New development shall incorporate, at a minimum, and where appropriate, multi-use pedestrian walkways and bicycle paths as an integral component of the required open space of the development. These multi-use pathways must be located and designed to assure complete separation from vehicular traffic and be wide enough to accommodate two-way pedestrian and bicycle movement. Pathways shall have a minimum separation of five feet (5') from the back of curb to where the path is when adjacent to and parallel with a street.
      2.   New development that proposes parcels or lots in excess of two and one-half (21/2) acres in size should accommodate equestrian uses in conjunction with the required multi-use pedestrian walkways and bicycle paths, or as a separate trail.
      3.   Developers are urged to take into account actual or probable paths and routes that pedestrians, bicycle riders and equestrians may take for circulation, access to schools, parks, playgrounds, shopping, entertainment and other key community destinations. Particular care should be given to linkages with adjacent subdivisions to promote internal pedestrian, bicycle and equestrian traffic without crossing arterial or collector streets as much as possible.
      4.   Pedestrian, bicycle and equestrian trails within and through a development should connect to, and be a part of, the linear park and open space system of the community. These paths and trails should be landscaped and minimally furnished to provide shade and rest areas in order to encourage their extensive use as a secondary mode of transportation and access throughout the neighborhoods and the City.
      5.   Pedestrian and bicycle pathways shall have a total right-of- way or easement width of fifteen feet (15') to accommodate landscaping and furnishings as well as an eight foot (8') wide hard surface of asphalt concrete or similar material. If the multi-use pathways include an equestrian trail, the total right- of-way or easement width shall be twenty seven feet (27'), with the additional twelve foot (12') portion devoted to equestrians constructed of a softer surface treatment consisting of finely ground gravel or other compatible dense, yet soft material.
   EXHIBIT 1
   MULTI-USE PATHWAY AND EQUESTRIAN TRAIL TYPICAL PROFILES
 
   EXHIBIT 2
   IRRIGATION CANAL TRAIL TYPICAL PROFILE
 
(Ord. 18-879, 7-23-2018)
15-4-4: PROPERTY OWNER MAINTENANCE:
   A.   All landscape improvements installed in accordance with the requirements and provisions of this section for new or expanded developments and uses within on-site landscape areas as well as in the right(s)-of-way, shall be maintained, in perpetuity, by the property owner or owners' association (should the property be subdivided) or the lessee of the site.
   B.   Any areas designated and intended for the purposes of on-site water retention shall be maintained and reserved for that specific purpose.
   C.   Any alteration or deterioration of required landscape improvements and areas shall be considered a violation of this chapter and any applicable ordinance.
   D.   Any plant material that does not survive initial planting shall be replaced within thirty (30) days.
   E.   Landscaping and irrigation systems shall be reasonably maintained in accordance with the approved site and/or landscape plan. Plant material shall not be severely pruned such that the natural growth pattern or characteristic form are significantly altered. Palm trees shall, however, be pruned a minimum of once each year to remove dried fronds and fruit and eliminate the potential of a fire hazard and insect/rodent infestation.
   F.   Modifications and/or removal of any existing live landscaping on other than single family residential property shall require prior approval of the Zoning Administrator.
   G.   Individual property owners and/or homeowners' associations shall properly maintain all landscaped areas, including those within the public and/or private rights-of-way adjacent to their property or the development, in accordance with the approved landscape plan, except in and along public rights-of-way and easements where the City of Eloy has agreed to provide maintenance.
   H.   The replacement of dead street trees shall be by the individual property owners or the homeowners' association and shall be completed within thirty (30) days from the date that the association or property owner is notified by the City. (Ord. 18-879, 7-23-2018)
15-4-5: SPECIFIC LANDSCAPE REQUIREMENTS FOR ON SITE SINGLE RESIDENTIAL LOTS:
   A.   The front yard landscaping for a single residence lot within a new or existing recorded subdivision or dwelling, is required to be installed at the conclusion of home construction for lots, tracts or parcels within the R1-12, R1-6, R-2 or R-3 Zoning Districts.
   B.   Required front yard landscaping shall, at a minimum, consist of organic and/or inorganic ground cover, one tree and two (2) shrubs. The front yard landscaping is in addition to the local and neighborhood street right-of-way landscaping required in section 21-4-2.5 of this Code.
   C.   The use of turf may be considered, within the front yard landscape, provided the total area of turf does not exceed fifteen percent (15%) of the total front yard area. (Ord. 18-879, 7-23-2018)
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