This chapter is enacted based on the authority granted by this Code and the laws of the State of Arizona, including but not limited to, Arizona Revised Statutes sections 9-461 and 9-462, which provide for municipal planning and municipal zoning in Arizona. (Ord. 18-880, 7-23-2018)

This chapter shall be known as the CITY OF ELOY ZONING ORDINANCE and is referred to throughout this chapter as "this chapter". (Ord. 18-880, 7-23-2018)

The purpose of this chapter is to:

   A.   Promote the health, safety, convenience and general welfare of the citizens of the City of Eloy, Arizona;

   B.   Facilitate the orderly growth of Eloy and ensure the adequate provision of transportation, water, sewerage, schools, parks and other public facilities;

   C.   Provide the minimum requirements for the implementation of the City of Eloy General Plan;

   D.   Establish and utilize procedures that respond uniformly and consistently to development proposals;

   E.   Enhance the character and the stability of the residential, commercial, industrial, and recreational areas of the City;

   F.   Preserve open space, provide adequate light and air, avoid overcrowding of land and the excessive concentration of population by establishing zoning districts; and

   G.   Impose regulations on the use of land, on the location, height and bulk of buildings and structures and establish standards for design and development. (Ord. 18-880, 7-23-2018)

   A.   The provisions of this chapter shall administer the public and private use and development and the uses of all buildings, structures, and land within the corporate limits of the City of Eloy.

   B.   Any use not described and included in this chapter as a permitted use, a use subject to conditions, or a use subject to a conditional use permit within a specific zoning district shall be prohibited and is a violation of this chapter.

   C.   No building, structure, or land shall be used or occupied, and no building, structure, or land shall be developed or expanded upon, and no permit shall be issued for any building, structure, or land unless it is in conformity with all applicable provisions of this chapter. Any permit issued in conflict with the terms or provisions of this chapter is subject to revocation and/or work stoppage order.

   D.   This chapter is intended to benefit the public as a whole and not any specific person or class of persons. Through the implementation, administration and enforcement of this chapter, benefits and detriments will be enjoyed or suffered by specific individuals, such conditions are merely byproducts of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed on the City of Eloy shall not be enforceable in tort. (Ord. 18-880, 7-23-2018)

This chapter is intended to implement the goals, objectives and implementation strategies of the "Eloy General Plan" and other applicable adopted regulations and is hereby deemed to be in conformance with the adopted General Plan. Any amendments to, or actions pursuant to this chapter, shall be in conformance with the Eloy General Plan, as it may be amended from time to time. (Ord. 18-880, 7-23-2018)

The following rules shall apply to all properties in the City as of the effective date of this chapter. (Ord. 18-880, 7-23-2018)

Any violation of the Zoning Ordinance previously in effect (2004 Zoning Ordinance) will continue to be a violation under this chapter and shall be subject to the penalties and enforcement provisions provided in article VII of this chapter, unless the use, development, construction or other activity complies with the provisions of this chapter. (Ord. 18-880, 7-23-2018)

Any legal nonconformity existing under the previous Zoning Ordinance shall also remain a legal nonconformity under this chapter, so long as the condition(s) that resulted in the legal nonconforming status under the previous ordinance continues to exist. If a legal nonconformity under the previous ordinance becomes conforming because of the adoption of this chapter, then said use or structure will no longer be considered a nonconformity. (Ord. 18-880, 7-23-2018)

   A.   When a building, structure, or lot is used for a purpose that was a lawful use before the effective date of this chapter, and this chapter no longer classifies such use as an allowed use in the zoning district in which it is located, such use shall be considered nonconforming and shall be controlled by article VIII of this chapter.

   B.   Where any building, structure, or lot that legally existed on the effective date of this chapter, and now does not meet all standards set forth in this chapter, such building, structure, or lot shall be considered nonconforming and shall be controlled by article VIII of this chapter. (Ord. 18-880, 7-23-2018)

   A.   Pending Applications Filed Prior To The Effective Date:

      1.   Complete applications for new developments or amendments including, but not limited to site plan review and approval, conditional use permits, and rezonings filed prior to the effective date of this chapter may be approved under the provisions of the Zoning Ordinance previously in effect (2004 Zoning Ordinance).

      2.   Applicants who have submitted an application that has been deemed complete, but upon which no formal action has been determined prior to the effective date of this chapter, may request review under this chapter by submitting a written letter to the Community Development Director.

      3.   If the applicant fails to comply with any applicable required period for submittal or other procedural requirements in accordance with the Zoning Ordinance in effect on the date the application was deemed complete, the application shall expire and subsequent applications shall be subject to the requirements of this chapter.

   B.   New Applications Filed After The Effective Date:

      1.   All applications for new developments including, but not limited to, site plan review and approval, conditional use permits, and rezonings, filed on or after the effective date of this chapter, including modifications and amendments, shall conform to the provisions of this chapter. (Ord. 18-880, 7-23-2018)

   A.   Conditional Use Permit Approved Prior To Effective Date: An applicant for a use for which a conditional use permit has been approved prior to the effective date of this chapter may file an application for a building permit, even if the use does not fully comply with the provisions of this chapter. If a building permit application is not filed within one year from the date of approval of the conditional use permit, it shall expire. No time extensions shall be permitted. Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.

   B.   Site Plan Approved Prior To Effective Date: An applicant whose development has received site plan approval prior to the effective date of this chapter may file an application for a building permit in compliance with the approved site plan and any conditions of approval, even if the development does not comply with the provisions of this chapter. Upon approval of construction plans for the development, a building permit may be issued. Site plan approval for developments approved prior to the effective date of this chapter shall be valid for one year from the date of plan approval. No time extensions shall be permitted. Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.

   C.   Building Permit Reviewed Or Issued Prior To Effective Date:

      1.   Any building, structure, or sign for which a lawful building permit is issued or for which a complete building permit or sign permit application, as determined by the Community Development Director, has been filed prior to the effective date of this chapter, may be constructed and completed in conformance with the permit and other applicable approvals, permits and conditions, even if such building, structure or sign does not fully comply with this chapter. If construction is not commenced in compliance with the applicable permit terms, the building official may grant an extension in compliance with the provisions of the Building Code. If the building, structure, or sign has not been completed before the building permit or any extension of the permit expires, then the building, structure, or sign shall be constructed, completed or occupied only in compliance with this chapter.

      2.   For any building, structure, or development for which plans have been reviewed and approved by the City, under the terms of the previous ordinance, the applicant has one hundred eighty (180) calendar days from the date the City notifies him/her that the plans are approved and permits are ready to be issued; and to pay for said permit and commence construction; said building, structure, or development shall be in compliance with this chapter. (Ord. 18-880, 7-23-2018)

   A.   Properties For Which The Owner Believes The Adoption Of This Chapter Has A Direct Effect Upon And Has Caused A Diminution Of Value 1 :

      1.   If a property owner has reason to believe the adoption of this chapter and the requirement(s) related to this chapter have directly reduced the fair market value of their property, a waiver of requirements from this chapter, in favor of all requirements of the Zoning Ordinance in effect previous to July 23, 2018, may be applied. Actions establishing the initiation of this waiver must be made before three (3) years from the date of adoption, July 23, 2018. (Ord. 18-880, 7-23-2018; Ord. 19-888, 10-14-2019)

The standards and regulations established by this chapter shall be construed to be the minimum requirements necessary for the promotion of public health, safety, or other general welfare. Minimum values are not intended to be target values. In some instances, conditions may create the need to exceed stated minimum standards. (Ord. 18-880, 7-23-2018)

The regulations of this chapter and requirements or conditions imposed pursuant to this chapter shall not supersede any other regulations or requirements adopted or imposed by the State of Arizona, or any Federal agency that has jurisdiction by law over uses and development authorized by this chapter. All uses and development authorized by this chapter shall comply with all other such regulations and requirements. Where conflict occurs within this chapter or between the provisions of this chapter and any other City ordinance, chapter, resolution, guideline or regulation, (such as, but not limited to, Fire Codes, Building Codes, or engineering standards) the more restrictive provisions shall control, as determined by the Community Development Director, unless otherwise specified herein. (Ord. 18-880, 7-23-2018)

The provisions of this chapter shall apply regardless of any private agreements in the event that the provisions of this chapter are more restrictive. Otherwise, this chapter shall not interfere with, affect or annul any recorded easement, covenant, or other private agreement now in effect, unless a Development Agreement has been authorized by the City Council and executed by recording said agreement with the Pinal County Recorder's Office, pursuant to Arizona Revised Statutes section 9-500.05. (Ord. 18-880, 7-23-2018)

   A.   Where uncertainty exists regarding the interpretation of any provision of this chapter or its application to a specific site, the Zoning Administrator shall determine the intent of the provision as defined under section 21-5-5 of this chapter. The determination of the Zoning Administrator may be appealed in accordance with the provisions of section 21-6-2.11 of this chapter.

   B.   This chapter is not intended to interfere with, abrogate, or annul any existing provisions of other laws or ordinances, except those zoning and building ordinances specifically repealed by this chapter, and provided that they are not in conflict with this chapter. In the event of a conflict, the provisions of this chapter shall govern. This chapter also is not intended to interfere with, abrogate, or annul any private agreements between persons, such as easements, deeds, and/or covenants, except that if this chapter imposes higher standards or a greater restriction on land, buildings or structures than an otherwise applicable provision of a law, ordinance, or a private agreement, the provisions of this chapter shall prevail.

   C.   Where other laws, ordinances, or private restrictions are more restrictive, the City cannot enforce the more restrictive laws, ordinances, or private restrictions as a part of this chapter.

   D.   This chapter amends the entire contents of all other Zoning Ordinances previously adopted by the City of Eloy, Arizona. (Ord. 18-880, 7-23-2018)

Where uncertainty exists regarding the boundary of a zoning district, the provisions and rules set forth in section 21-2-1.3 of this chapter shall apply. (Ord. 18-880, 7-23-2018)

   A.   If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in said judgment.

   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, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. (Ord. 18-880, 7-23-2018)