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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
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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21-2-7.11: TINY HOUSE PARK DESIGN GUIDELINES:
   A.   These guidelines apply to tiny house parks. The development or construction of any on site or off site tiny house park shall comply with the following minimum criteria:
      1.   The minimum distance between tiny houses or attached/detached accessory structures in the same tiny house park shall be ten feet (10'). Tiny houses or attached/detached accessory structure may not be closer than ten feet (10') to the exterior boundary or five feet (5') to individual lot lines of the park.
      2.   There shall be a minimum distance of ten feet (10') between the front of the tiny house and any private street or private sidewalk, including any bay windows or any other attached projection.
      3.   A minimum of ten percent (10%) of the total park area shall be designated as permanent open space. Where phases are proposed for the tiny house park, the percentage of open space in each phase shall meet or exceed the minimum total for the specified phase area. The open space shall be available through the use of easements to all residents of the development. Streets, driveways, parking areas, buffer areas, recreation vehicle storage, and buildings shall not be included in calculating the size of open space.
      4.   A ten-foot (10') landscape area shall be required where the park is adjacent to a public street/sidewalk.
      5.   Two (2) paved off-street parking spaces of 9 feet by 20 feet shall be required for each tiny house space/lot.
      6.   One (1) 9-foot by 20-foot visitor parking space shall be required for each eight (8) tiny house spaces. Common lots spaced equidistant throughout the park may be employed to provide off-street parking. One (1) 12-foot by 30-foot oversized parking space shall be required for four (4) tiny house lots/spaces.
      7.   Designated areas for boat and recreational vehicle storage within the park shall be provided for the sole use of the residents of the park. Storage areas shall be completely screened from outside park boundaries by a six foot (6') high decorative wall.
      8.   Street improvements for any public roads bounding or within the tiny house park shall be made as required by the City of Eloy Engineer.
      9.   All interior drives or roadways within the tiny house park shall be a minimum width of twenty-four feet (24') or as required by the International Fire Code, whichever is greater. The width of the roadway is exclusive of curbs and walkways, measured from the edge of pavement to the edge of pavement. The interior drives or roadways shall be paved with a minimum of three inches (3") of asphalt over six inches (6") of aggregate base course (ABC) or its equivalent.
      10.   Provision for on-site stormwater retention, drainage and off- site stormwater drainage both entering and leaving the property shall be as required by the City of Eloy Engineer.
      11.   Each tiny house park shall provide fire protection facilities as set forth in the International Fire Code.
      12.   The tiny house park shall be permanently screened from adjacent properties by a decorative solid wall, six feet (6') in height.
      13.   One tiny house shall be permitted on each approved lot or as per setback requirements.
      14.   Access to all tiny house lots/spaces shall be from the interior of the park. There shall be no individual access to any tiny house space/lot from a public street.
      15.   Tiny house parks with more than one hundred (100) lots/houses shall have a minimum of two (2) separate access entry drives connecting the park to public streets or one (1) separate access entry drive and a cul de sac, with a minimum turning diameter of ninety-six (96) feet. Access to the development shall not be through a residential area to reach a collector street.
      16.   All refuse collection areas shall be completely enclosed via a solid six-foot (6') wall and view-obstructing gate and located on a concrete surface. Refuse collection areas shall be readily accessible to refuse collection vehicles, without substantially encumbering adjacent parking and vehicular access. If the refuse collection area can be viewed directly from the exterior of the park, the enclosure should be screened with landscaping on all of its viewable sides.
      17.   All lighting shall be in conformance with section 21-4-5 of this chapter.
      18.   All utilities shall be placed underground. Placement of utilities, including master meters, shall meet all requirements of the City of Eloy, as well as the respective utility companies.
      19.   The site plan shall provide for a system of pedestrian circulation within the development. The system shall connect with existing sidewalks, if any are adjacent to the property. The pedestrian access may be located either in the street right-of-way or in common open space. The system shall be designed to link residential units with recreation facilities, school bus stops, and existing sidewalks in the neighborhood. Pedestrian ways may take the form of sidewalks or walking paths with a minimum width of five feet (5'). (Ord. 21-911, 7-26-2021)
21-2-7.12: AVIATION OVERLAY (AO) DISTRICT:
21-2-7.13: GENERAL PURPOSE:
   A.   The purpose of the Aviation Overlay District is to maintain and enhance the operational capabilities of the Eloy Municipal Airport and to promote a compatible land use pattern within the airport environs. The district shall be in addition to, and shall overlay, all other zoning districts where it is applied. It is the intent of this overlay district to promote the public health and safety in the vicinity of the airport by minimizing the community’s exposure to potential aviation-related crash hazards and high noise levels.
   B.   As such, it regulates land uses, prohibits uses, specifies acoustical performance standards and height limitations, and provides “disclosure notification” of its location within the vicinity of the Eloy Municipal Airport. (Ord. 18-880, 7-23-2018)
21-2-7.14: APPLICABILITY:
   A.   Notwithstanding any other provision of this overlay district, no use may be made of land or water within any zone established by this overlay district in such a manner as to create electrical interference with navigational signals or radio communication between the Eloy Municipal Airport and the aircraft, make it difficult for pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise materially endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. Examples of incompatible development/activities includes, but are not limited to: buildings with reflective glass or any type of reflective/glare producing exterior, high intensity recreation type lights (especially on tall poles), smoke, antennas, landfills/garbage dumps/incinerators, high tension transmission lines, large bodies of standing water, etc.
   B.   The overlay geometry established herein are based on the maps or illustrations in the “Eloy Airport Master Plan”, approved by the Eloy City Council July 25, 2011. Amendments thereto as may from time to time be made, and all notations, references, and other information thereon, shall be and the same are hereby adopted as part of the Aviation Overlay District of this article.
   C.   Building heights within the boundaries of the Aviation Overlay District shall be as set forth in the Federal Aviation Regulations (FAR) Part 77 Airspace Plan per the “Eloy Airport Master Plan” and the underlying zoning district, with no allowances for exceptions to the building height unless a conditional use permit is granted by the City of Eloy.
   D.   Site plan review, as outlined in section 21-6-11 of this chapter, shall be required for all development and construction within the specific boundaries of the Aviation Overlay District. It is recommended that the City’s Municipal Airport Advisory Board review all site plans and conditional use permit requests and advise the City’s Zoning Administrator of any known or potential impacts or conditions that might be caused by the proposed development or the conditional use permit.
   E.   The Aviation Overlay District shall be that area within the traffic pattern airspace (TPA) boundaries as shown on the public airport disclosure map prepared for the Eloy Municipal Airport in accordance with the Arizona Revised Statutes, section 28-8486. The Aviation Overlay District shall also include a nonresidential buffer zone that lies within a three thousand foot (3,000') line extending generally parallel to both sides of the runway, except as amended, in section 12, T7S, R7E of the G&SRB&M, Pinal County, Arizona (see exhibit 3-1 on file in the City). (Ord. 18-880, 7-23-2018)
21-2-7.15: AVIATION OVERLAY SECTORS:
   A.   Within the Aviation Overlay District there shall be four (4) overlay sectors based on the Airport Overlay Zones as shown on exhibit 1H, and the existing and future noise contours as shown in exhibit B2 and the Airport Layout Plan in the 2011 Eloy Airport Master Plan.
      1.   AO-1: The area that is outside of the three thousand foot (3,000') buffer extending parallel to the runway but still considered to be influenced by aircraft operations.
      2.   AO-2: The area between the three thousand foot (3,000') buffer line extending parallel to the runway and the 65 day-night noise level (DNL) contour line which is considered marginally affected by airport noise.
      3.   AO-3: The area at or within the 65 DNL contour line.
      4.   AO-4: The area at both ends of the runway (Runway Protection Zone (RPZ)) in which there is a high potential for accidents. (Ord. 18-880, 7-23-2018)
21-2-7.16: PERMITTED USES:
The land uses permitted within the Aviation Overlay District shall be those uses designated in table 2.7-2 of this section:
   TABLE 2.7-2
   LAND USE OVERLAY SECTORS
Land Use
AO-1
AO-2
AO-3
AO-4
Land Use
AO-1
AO-2
AO-3
AO-4
Those uses permitted by right in the Industrial Districts
Yes1
Yes1
Yes1
No
Those uses permitted by right in the OSC Open Space Conservation District
Yes1
Yes1
Yes1
Yes1
Residential development permitted by right in all Residential Zoning Districts
Yes1
No
No
No
Plant nurseries and greenhouses for the propagation, cultivation and distribution of plants produced on the premises
Yes1
Yes1
Yes1
Yes1
Farming activities but not including: dairies; CAFOs; swine, ratites or poultry farms
Yes1
Yes1
Yes1
No
Ranching activities; including commercial ranches
Yes1
Yes1
No
No
Public or private parks without playing field light standards
Yes1
Yes1
No
No
Public and private open space preserves
Yes1
Yes1
Yes1
Yes1
Temporary campgrounds for special events in conjunction with the airport
Yes
Yes
Yes
No
 
Note:
   1.    Requirements of section 21-2-7.16 of this section 21-2-7 shall apply; the specific requirements determined by the Community Development Director.
   A.   The following airport related uses shall also be permitted within the Aviation Overlay District:
      1.   Airport structures and facilities that are necessary for the operation of the Eloy Municipal Airport and for the control of air traffic therefrom.
      2.   Fixed base operators (FBOs).
      3.   Heliports, glider operations, skydiving operations and ground school training. (Ord. 18-880, 7-23-2018)
21-2-7.17: SUPPLEMENTAL DEVELOPMENT PROVISIONS (AO):
   A.   All or some of the following mitigation measures may be required prior to site plan/plat approval or the issuance of a building permit; depending upon the location of the project (within the overlay area) relative to the airport location (see section 21-2-7.15, table 2.7-2 of this section 21-2-7 for requirements):
      1.   Public Disclosure Of Potential Noise Impacts: No person shall sell, nor offer for sale, or rent/lease any property unless the prospective buyer or renter has been notified of the fact that the property is located within the Aviation Overlay and that the property therein is subject to potential noise impacts from the Eloy Municipal Airport.
      2.   Notification Of Plat Or Title: When a subdivision plat or parcel split is required, the following note shall be placed on the plat and/or recorded with the title:
         These properties, due to their proximity to the Eloy municipal airport, are likely to experience aircraft overflights, which could generate noise levels which may be of concern to some individuals.
      3.   Noise Attenuation: The construction, alteration, moving, partial demolition, repair and use of any occupied building or structure within the Aviation Overlay shall comply with the sound attenuation standards in order to achieve an exterior to interior noise level reduction (NLR) of twenty five (25) decibels (dB). Certification of such NLR measures, by an Arizona registered engineer or a registered architect, shall be required to be submitted along with the application for a building permit.
      4.   Avigation Easement: At the time of development or as a building permit is required, the owner of property within the Aviation Overlay shall dedicate an avigation easement to the City of Eloy over and across that property. This easement shall hold the City, public and airport harmless from any damages caused by noise, vibration, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft taking off, landing, or operating on or near the Eloy Municipal Airport, not including the physical impact of aircraft or parts thereof. (Ord. 18-880, 7-23-2018)
21-2-7.18: DOWNTOWN CORE OVERLAY (DCO):
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)
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