El Mirage City Zoning Code
GENERAL PROVISIONS
§ 154.001 CITATION OF CHAPTER.
This chapter shall be known as and may be cited as the “El Mirage Zoning Ordinance,” except that when cited herein, it shall be referred to as “this chapter,” “this ordinance” or “this code.”
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.002 ADOPTION.
This chapter is adopted as the city’s Zoning Ordinances relating to Comprehensive Planning and Zoning, pursuant to provisions of Arizona law, including, without limiting the generality of the foregoing, A.R.S. §§ 9-461 and 9-462, inclusive, as amended.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.003 PURPOSE AND NATURE OF REGULATIONS.
It is the intent and purpose of this chapter to protect the public health, safety, and general welfare of the community and the people of the city through the establishment of minimum regulations governing development and use of land. This chapter shall divide the city into districts and establish regulations in regard to location, erection, construction, reconstruction, alteration, and use of structures and land. The regulations are established to promote orderly development and redevelopment; to provide adequate light, air, and access to property; to prevent congestion in the public rights-of-way; to prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards, and density of population; to provide for compatibility of different land uses; to provide for administration of this chapter; to provide for amendments; to prescribe penalties for violation of the regulations; and to define powers and duties of the city staff, the Planning and Zoning Commission, the Board of Adjustment, and the City Council in relation to this chapter.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.004 RELATION TO EL MIRAGE GENERAL PLAN.
All zoning and rezoning ordinances or regulations adopted under this chapter shall be consistent with and conform to the adopted general plan per A.R.S. § 9-462.01(F).
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.005 SEVERABILITY.
It is hereby declared to be the intention of the city that the provisions of this chapter are separable in accordance with the following:
(A) If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, that judgment shall not affect any other provisions of this chapter not specifically included in the judgment; and/or
(B) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building, or other structure, that judgment shall not affect the application of the provision to any other property, building, or structure not specifically included in the judgment.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.006 CONFLICT WITH OTHER REGULATIONS.
In the case of a conflict between this chapter and/or any part thereof, or any other ordinance of the city, the more restrictive provision in all cases shall apply unless otherwise stated herein.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.007 PRIVATE AGREEMENTS.
(A) The provisions of this chapter are not intended to interfere with or abrogate or annul any easements, covenants, or other agreements between private parties when the easements, covenants, or other agreements are more restrictive or otherwise not in conflict with this chapter.
(B) When the easements, covenants, or other agreements are less restrictive or otherwise in conflict with this chapter, this chapter shall prevail.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)