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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
ARTICLE III. SUPPLEMENTAL USE STANDARDS
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:
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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21-3-1.9: CARETAKER QUARTERS:
   A.   One caretaker living quarters may be permitted on the same lot as a principal residence provided the caretaker living quarters complies with the following standards:
      1.   The caretaker living quarters must conform to all minimum density, area, building and yard regulations as that of the principal structure.
      2.   The caretaker living quarters shall be located in the buildable area of the lot.
      3.   A single common driveway shall serve both the principal residence and the caretaker living quarters.
      4.   The caretaker living quarters may not exceed fifty percent (50%) of the gross square footage of the livable area of the primary structure.
      5.   The caretaker living quarters must be connected to all of the primary structure's electric, water and gas meters.
      6.   The caretaker living quarters may not be used for any commercial or nonresidential uses.
      7.   A caretaker living quarters may not be used for rental purposes and/or otherwise used for income purposes. (Ord. 18-880, 7-23-2018)
21-3-1.10: CARNIVALS, CIRCUSES, REVIVALS, RODEOS AND SIMILAR ACTIVITIES:
   A.   Carnivals, circuses, concerts, revivals, rodeos and similar activities may be permitted, provided the following conditions are met:
      1.   A temporary use permit (private property) shall be obtained or a special event permit when the event is on City property.
      2.   Staff shall ensure that health and fire safety is considered and shall solicit the comments of the Pinal County Health Department and Eloy Fire District Chief/Marshal as necessary.
      3.   Staff shall ensure that land area is adequate for the proposed use's parking; and shall ensure that traffic safety is considered.
      4.   Staff shall require measures to adequately protect surrounding property.
      5.   Permanent structures shall not be allowed.
      6.   A special events permit or a temporary use permit shall pertain to the allowable activity permitted during the time limit of the permit. A change in ownership or sponsor applicant for the same activity during the time limit of the permit shall not constitute grounds for extending the time granted for the activity in the original permit. (Ord. 18-880, 7-23-2018)
21-3-1.11: CHILD CARE, CENTER:
   A.   A child care center shall be licensed, certified or approved by the State of Arizona.
   B.   Adequate off-street parking shall be provided in accordance with section 21-4-1 of this chapter.
   C.   All child care centers shall provide adequate drop-off areas and waiting space so that parents' cars are not required to stand in a public right-of-way. At least one drop-off space, or its equivalent shall be provided for each five (5) children enrolled or cared for at the facility during the largest scheduled class. Child drop-off areas shall have direct, unobstructed pedestrian access to the building entrance.
   D.   A minimum of one hundred (100) square feet of outdoor play area shall be provided per child utilizing the outdoor play area at any given time. The total outdoor play area shall not be less than one thousand two hundred (1,200) square feet, unless a greater amount is required by the State. Outdoor play areas shall be in the rear or side yard, fenced and screened in accordance with section 21-2-3.4 of this chapter. (Ord. 18-880, 7-23-2018)
21-3-1.12: CHILD CARE, HOME:
   A.   A child care, home shall be licensed, certified or approved by the State of Arizona.
   B.   Child care, home vehicles belonging to employees and residents are required to park onsite, in the garage or on an approved paved driveway.
   C.   No signage for advertising or notification of use shall be permitted on or off the site.
   D.   A minimum of six hundred (600) square feet of open space shall be provided for an outdoor play area, none of which shall be located in the required front setback.
   E.   All outdoor recreation areas shall be completely screened and enclosed by a six foot (6') high solid masonry wall or wood fence with solid self-closing and self-latching gates. (Ord. 18-880, 7-23-2018)
21-3-1.13: COLLEGE/UNIVERSITY:
   A.   The facility shall meet Fire Code, Building Code and any other applicable regulations.
   B.   All access for colleges and/or universities shall be provided from an arterial or collector roadway; vehicular ingress and egress to local streets is prohibited.
   C.   A separate conditional use permit shall be required for any additional accessory uses customarily found in conjunction with schools, including dormitories, stadiums, outdoor recreational lighting, and auditoriums which were not specifically described when the CUP was originally approved.
   D.   Colleges or universities shall comply with the building setback and building height requirements established by the zoning district for which the college/university is located; but may be modified as part of the CUP process. (Ord. 18-880, 7-23-2018)
21-3-1.14: COMMERCIAL RIDING STABLES:
   A.   Commercial riding stables, boarding stables, and/or commercial ranch only after it has been found to be in compliance with the following standards:
      1.   There shall be no more than eight (8) animal units (AU) per acre with a total of no more than one hundred (100) animals/facility at any given time, under any circumstance.
      2.   An attendant must be in residence on the property of any commercial ranch.
      3.   All livestock structures, containment areas of facilities used for the stabling, storing, showing or training of livestock and for temporary manure storage shall be set back a minimum of seventy five feet (75') from any property line. Normal setbacks apply to all other structures and uses.
      4.   No performances or other activities that would generate more vehicular traffic than is normal to an area with single-family residences are permitted unless the site has immediate access to a major or collector City street. Occasional small performances may be allowed per stipulations of the conditional use permit. Adequate parking for daily activities and additional parking, as determined by the Zoning Administrator, must be provided for shows or other special events.
      5.   All livestock turnout areas and pens shall be enclosed with fences at least five feet (5') in height. The design of these enclosures shall be shown on drawings submitted with the conditional use permit application.
      6.   A specific plan for the physical containment and location of manure storage and/or disposal, which minimizes odor and fly impacts on adjacent lots or parcels, must be provided. The spreading and tilling of manure into the soil of the paddock, pasture or arena areas may be considered manure disposal.
      7.   The applicant must provide a specific program for fly control in barn and stable areas that minimizes the attraction and breeding of flies.
      8.   All activity and pasture areas shall be grassed, irrigated or treated with regularly tilled organic soil mix for dust suppression.
      9.   With the exception of the principal residence and its accessory structures, upon revocation of the commercial ranch conditional use permit or abandonment of the operation, all structures shall be removed.
      10.   Failure to maintain any of the standards described above is grounds for revocation of the conditional use permit.
      11.   In the review for commercial riding stables, boarding stables, and/or commercial ranch, the City may also consider lighting, landscaping, hours of operation, signage, plan of operation, and neighborhood impact.
   B.   The following uses are permitted in the RR-20 and RR-5 Single Residence District only after review and approval of a conditional use permit in accordance with section 21-6-7 of this chapter.
      1.   Commercial riding stables, boarding stables, and/or commercial ranch only after it has been found to be in compliance with the following standards.
      2.   The site contains at least five (5) acres.
      3.   There shall be no more than four (4) animal units (AU) per acre with a total of no more than forty (40) animals at any given time under any circumstance. (Ord. 18-880, 7-23-2018)
21-3-1.15: CONVENIENCE STORE:
   A.   The maximum total square footage of the building shall be five thousand (5,000) square feet; unless modified through the CUP process.
   B.   A use may combine a convenience store with a drive-through facility and/or service station only if both uses are permitted or conditionally permitted and approved in that district. If combined with said uses, convenience stores shall additionally comply with the provisions of sections 21-3-1.18, "Drive-Through Facility", and/or 21-3-1.37, "Service Station", of this section 21-3-1. (Ord. 18-880, 7-23-2018)
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