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
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)