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Eloy City Zoning Code

ARTICLE II

ZONING DISTRICTS

21-2-1.1: ZONING DISTRICTS ESTABLISHED:

All lands located within the incorporated limits of the City of Eloy are hereby zoned and organized into a coordinated set of Residential and Non-Residential Zoning Districts and Overlay Districts. These districts are established to implement the goals, objectives and policies of the Eloy General Plan and to conserve and promote the public health, safety and general welfare. Residential Zoning Districts are primarily intended to create, maintain and promote a variety of neighborhoods that allow a range of compatible densities to accommodate the desired physical character of the City. Nonresidential Districts uses are also allowed to improve the overall quality of life by providing a convenience of services and goods for Eloy residents and provide public facilities necessary to create a healthy and safe environment in which to live.
TABLE 2.1-1 ZONING DISTRICTS ESTABLISHED
Abbreviation
Zoning District
Previous Zoning
TABLE 2.1-1 ZONING DISTRICTS ESTABLISHED
Abbreviation
Zoning District
Previous Zoning
Residential Districts:
 
 
 
(RR-20)
Rural Residential; minimum 20 acres per du
Rural Residential
 
(RR-5)
Rural Residential; minimum 5 acres per du
Rural Residential
 
(RR-2.5)
Rural Residential; minimum 2.5 acres per du
New
 
(R1-54)
Estate Residential; minimum 54,450 sq. ft. per du
New
 
(R1-43)
Estate Residential; minimum 43,560 sq. ft. per du
Estate Residential
 
(R1-12)
Single-Family Residential; minimum 12,000 sq. ft. per du
Low Density Residential
 
(R1-6)
Single-Family Residential; minimum 6,000 sq. ft. per du
Medium Density Residential
 
(R-2)
Small Lot Residential; 6 - 10 dus per acre
Medium High Density Residential
 
(R-3)
Multiple-Family Residential; 10 - 24 dus per acre
High Density Residential
Commercial and Mixed-Use Districts:
 
 
 
(C-1)
Neighborhood Commercial District
Neighborhood Commercial
 
(C-2)
General Commercial District
Community Commercial
 
(MU)
Mixed-Use
New
Business and Industrial Districts:
 
 
 
(BP)
Business Park
New
 
(I-1)
Light Industrial
Light Industrial
 
(I-2)
General Industrial
General Industrial
Open Space Districts:
 
 
 
(OSC)
Open Space Conservation District
Open Space Conservation
 
(OSR)
Open Space Recreation District
Open Space Recreation
Overlay Zoning Districts:
 
 
 
(PAD)
Planned Area Development
Planned Area Development
 
(MHS)
Manufactured Home Overlay Subdivision
Manufactured Home
 
(MHP)
Manufactured Home Park
Manufactured Home
 
(RVP)
Recreational Vehicle Park
New
 
(AO)
Aviation Overlay
Airport
 
(DCO)
Downtown Core Overlay
Community Core
 
(PF)
Public Facilities District
New
 
(HP)
Historic Preservation Overlay
New
 
(Ord. 18-880, 7-23-2018; Ord. 24-979, 10-14-2024, eff 3-1-2025)

21-2-1.2: ZONING MAP ESTABLISHED:

   A.   The location and boundaries of the zoning districts established by this chapter shall be designated upon the official "Zoning Map of the City of Eloy". The Zoning Map, together with all data shown on the map and all amendments hereafter adopted, is by reference made a part of this chapter.
   B.   The Official Zoning Map of the City of Eloy, dated and signed by the Mayor and City Clerk, is hereby adopted and shall be located in the Office of the City Zoning Administrator with a copy retained on file with the City Clerk. All future changes adopted by the Eloy City Council to the Official Zoning Map of the City of Eloy shall be clearly documented by the City Zoning Administrator on the Official Zoning Map adopted on the date and year set forth herein.
      1.   Any changes to the Official Zoning Map shall be considered an amendment to the Official Zoning Map and filed in accordance with section 21-6-6 of this chapter.
      2.   The Official Zoning Map may, from time to time, be republished to delineate any change of zoning approved pursuant to section 21-6-6 of this chapter or any other amendments thereto. (Ord. 18-880, 7-23-2018)

21-2-1.3: BOUNDARY DETERMINATION:

   A.   Where uncertainty exists concerning the boundaries of any zoning district shown on the Official Zoning Map, the following rules shall apply:
      1.   Where zoning district boundaries are indicated as approximately following street or alley center lines, such center lines shall be construed to be the district boundary.
      2.   Where zoning district boundaries are so indicated that they approximately follow property lines, such property lines shall be construed to be the district boundary.
      3.   Where zoning district boundaries divide a lot or parcel, the zoning boundary shall be determined by using the scale of the Official Zoning Map, unless indicated by legal description with distance and bearing or other dimension. Such zoning district boundary shall be considered a "lot line" as defined herein. If the area created by such lot line does not comply with the designated district lot area and lot width requirements, zoning for the entire parcel shall be that which is applied to the largest portion of the property.
      4.   Where a public street or alley, railroad, or utility right-of- way is officially vacated or abandoned, the property that was formerly in the right-of-way will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned right-of-way or easement.
      5.   Where a zoning district boundary divides a lot or parcel, the location of such boundary, unless indicated by legal description with distance and bearing or other dimension, shall be determined by scaling the Official Zoning Map by the City Zoning Administrator.
      6.   Where a lack of clarity or disagreement concerning the exact location of a zoning district line exists, determination shall lie with the interpretation of the City Zoning Administrator 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, "Appeals", of this chapter. (Ord. 18-880, 7-23-2018)

21-2-2.1: GENERAL PURPOSE:

Residential Zoning Districts are primarily intended to create, maintain and promote a variety of neighborhoods that allow for a range of compatible densities to accommodate the desired physical character of the City. These districts primarily accommodate residential uses; however, some nonresidential uses are also allowed to provide other uses necessary to support a healthy, sustainable and safe environment. These uses also include associated, limited nonresidential uses that are required by law such as religious, educational and recreational facilities. The Residential Districts are described in section 21-2-2.2 of this section 21-2-2. (Ord. 18-880, 7-23-2018)

21-2-2.2: RESIDENTIAL DISTRICTS ENUMERATED:

   A.   Rural Residential (RR-20): The purpose of this Rural Residential Zoning District is to provide areas for large, more intense agricultural activities, ranching land uses, and their related activities, in appropriate locations with buffering to mitigate the negative impacts upon, or from, such operations. The minimum lot size is twenty (20) acres. The intent is to protect areas that exhibit productive agricultural soils and existing or desired ranching uses from incompatible land uses and urban encroachment. This district is appropriate where very low density residential development is desired, where minimal public facilities and services are programmed or anticipated, and in aviation overflight areas. The RR-20 Zoning District may also act as a holding zone to prevent the premature conversion of rural lands to suburban or urban uses and until there exists adequate public facilities and an appropriate development plan.
   B.   Rural Residential (RR-5): The purpose of this Rural Residential Zoning District is to provide for, and conserve, existing rural, ranch, and very low density residential uses in their present or desired character, and to foster orderly growth. The minimum lot size is five (5) acres. The intent of this district is to allow for areas where small ranching and semirural residential uses can be maintained without imposing/receiving conflicts from higher density development. This district is appropriate where low density development is desired, as a buffer for these uses from the more intense agricultural uses of the RR-20 District, and in aviation overflight areas.
   C.   Rural Residential (RR-2.5): The purpose of this Rural Residential Zoning District is to provide an open, low-density country residential atmosphere on large lots. Lots are typically larger than in the developed portion of the City and can include area(s) for large livestock for non-commercial purposes. The minimum lot size is two and one-half (2.5) acres. This district is compatible with the Estate Residential Districts and can also serve as a buffer and transition to the higher density Residential Districts.
   D.   Estate Residential (R1-54): The purpose of this Estate Residential District is to provide an appropriate zoning district for the transition of newly annexed property into the City of Eloy, so as to equitably accommodate a comparable zoning district affording similar densities and intensities of residential land uses that were prescribed under the former County zoning district designation. The minimum lot size is fifty four thousand four hundred fifty (54,450) square feet (approximately 1.25 acres). This district is compatible with Rural Residential and Estate Residential Zoning Districts, but could also be utilized as a holding district until future zoning requests that are consistent with the General Plan land use designation(s) can be established. Single-family homes in this district shall not include manufactured homes unless approved in conjunction with a separate/additional Overlay Zoning District.
   E.   Estate Residential (R1-43): The purpose of this Estate Residential Zoning District is to foster orderly growth in the transitional or fringe areas, whereby large lot residential uses would be most appropriate. The minimum lot size is forty three thousand five hundred sixty (43,560) square feet (1.0 acre). The intent of this district is to provide a pastoral character and home sites that create an open environment and to provide a transition land use buffer between the rural land uses and single-family residential land uses. Single-family homes in this district shall not include manufactured homes unless approved in conjunction with a separate/additional Overlay Zoning District.
   F.   Single-Family Residential (R1-12): The purpose of this Single- Family Residential District is to provide a transition from rural residential and/or estate development to more suburban residential neighborhoods. Development in this district is generally comprised of moderate sized-lot (minimum 12,000 square feet in area) single-family detached homes with more conventional residential amenities such as sidewalks, public utility services and other improvements. Single-family homes in this district shall not include manufactured homes unless approved in conjunction with a separate/additional Overlay Zoning District.
   G.   Single-Family Residential (R1-6): The purpose of this Single- Family Residential Zoning District is to provide smaller lot sizes than other single-family districts while maintaining a traditional single-family neighborhood character. Development in this district should also include non-motorized linkages to community and neighborhood services such as schools, parks and shopping areas. All public utilities and facilities must be in place at the time of first dwelling unit occupancy. Certain essential and complementary uses are permitted under residential use standards which ensure their compatibility with the character of the district. Single-family homes in this district shall not include manufactured homes unless approved in conjunction with a separate/additional Overlay Zoning District.
   H.   Small Lot Residential (R-2): The purpose of this Small Lot Residential Zoning District is to provide for neighborhoods consisting of a mixture of single-family detached and attached homes including small-lot residential dwellings such as duplexes, townhomes, and/or patio homes together with schools, parks, trails and other supportive public facilities. Anticipated project densities may range between 6 - 10 dwelling units per acre (gross) for single family detached units and from 6 - 12 dwelling units per acre (gross) for all other residential uses, with heights limited to two (2) stories. This district may serve as a transition between Multi-Family Residential Districts and Single-Family Residential Districts. Single-family homes in this district shall not include manufactured homes unless approved in conjunction with a separate/additional Overlay Zoning District.
   I.   Multiple Family Residential (R-3): The purpose of this Multiple Family Residential Zoning District is to allow for higher densities to provide a balance of housing opportunities in the community. Anticipated project densities may range between 10 - 24 dwelling units per acre (gross), with typical heights limited to three (3) stories. This district is most appropriate in the downtown area, adjacent to large shopping or employment centers, or within a large PAD. The district requires direct connection to higher volume roadways and all public utilities. The maximum density is twenty four (24) dwelling units per acre. (Ord. 18-880, 7-23-2018)

21-2-2.3: RESIDENTIAL USE STANDARDS:

Table 2.2-1, "Table Of Allowed Uses For Residential Districts", of this section, lists land uses and indicates whether they are permitted by right or with approval of a conditional use permit (CUP), or prohibited within each zoning district. The use table also includes references to additional use-specific standards that may be applicable to that use. The organization headings and individual abbreviations utilized in the table are identified as follows:
   A.   Use Category: The "use category" is intended to provide a quick reference to organize the specific uses. Such categories are not regulatory.
   B.   Specific Use Type: The "specific use type" is regulatory and functions as the basis for listing the existing and future land uses that are considered in each zoning district. Rather than list every possible individual land use type, this list classifies individual land uses and activities into specific use types based on common functional, product or physical characteristics; such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions. The definition of each specific use type is located in section 21-9-1, "Definitions", of this chapter.
   C.   Permitted Uses (P): A "P" in a cell indicates that the use is allowed by right in the respective zoning district.
   D.   Conditional Uses (C): A "C" in a cell indicates that the use is allowed with a conditional use permit in the respective zoning district. Conditional use permits must be reviewed and approved in accordance with the procedures of section 21-6-7 of this chapter.
   E.   Not Permitted (NP): An "NP" in a cell indicates that the use is not permitted (is prohibited) in the respective zoning district.
   F.   Overlay District Uses (O): An "O" designates uses that may be permitted but must exercise the use of a Zoning Overlay District used in conjunction with the underlying zoning district. Zoning Overlay Districts must be considered and approved by the Planning and Zoning Commission and City Council.
   G.   Use-Specific Standards: Section numbers listed in the "Supplemental Use Regulations" column denote the location of additional regulations that are applicable to the specific use type; however, provisions in other sections of this chapter may also apply.
   H.   Non-Specified Uses: When a use cannot be reasonably classified into a specific use type, or appears to fit into multiple specific use types, the Zoning Administrator is authorized to determine the most similar, and thus most appropriate, specific use type based on the actual or projected characteristics of the individual use or activity (including but not limited to size, scale, operating characteristics and external impacts) in relationship to the specific use type definitions provided in section 21-9-1 of this chapter. Appeal of the Zoning Administrator's decision may be filed with the Community Development Department and heard by the Board of Adjustment in conformance with the procedures of section 21-6-2.11 of this chapter.
TABLE 2.2-1
TABLE OF ALLOWED USES FOR RESIDENTIAL DISTRICTS
 
P = Permitted use
C = Conditional use
NP = Not permitted
O = Overlay District
 
Use Category And Specific Use Type
Residential Zoning Districts
RR-20
RR-5
RR-2.5
R1-54
R1-43
R1-12
R1-6
R-2
R-3
PF
Supplemental Use Regulations
Use Category And Specific Use Type
Residential Zoning Districts
RR-20
RR-5
RR-2.5
R1-54
R1-43
R1-12
R1-6
R-2
R-3
PF
Supplemental Use Regulations
Residential:
 
 
 
 
 
 
 
 
 
 
 
 
Assisted living center
NP
NP
NP
NP
NP
NP
NP
NP
C
NP
 
Assisted living home
P
P
P
P
P
P
P
NP
NP
NP
 
 
Caretaker living quarters
P
P
P
C
C
NP
NP
NP
NP
NP
 
Child care, home
P
P
P
P
P
P
P
P
P
NP
 
Dwelling, duplex
NP
NP
NP
NP
NP
NP
NP
P
P
NP
 
 
Dwelling, manufactured home1
P/O
P/O
P/O
P/O
P/O
P/O
P/O
P/O
P/O
C
 
 
Dwelling, modular home
P
P
P
P
P
P
P
P
NP
C
 
 
Dwelling, multi-family
NP
NP
NP
NP
NP
NP
NP
NP
P
NP
 
 
Dwelling, single-family attached
NP
NP
NP
NP
NP
NP
NP
P
P
NP
 
 
Dwelling, single-family detached
P
P
P
P
P
P
P
P
P
NP
 
 
Group care home
P
P
P
P
P
P
P
NP
NP
NP
 
Manufactured home, park1
P/O
P/O
P/O
P/O
P/O
P/O
P/O
P/O
P/O
NP
 
Nursing home
NP
NP
NP
NP
NP
NP
NP
C
C
NP
 
Park Models
NP
NP
NP
NP
NP
NP
NP
P/O
P/O
NP
 
 
Recreational vehicle, park1
P/O
P/O
P/O
P/O
P/O
P/O
P/O
P/O
P/O
NP
 
Resident care home
P
P
P
P
P
P
P
NP
NP
NP
 
Tiny houses
NP
NP
NP
NP
NP
NP
NP
P/O
NP
NP
 
Tiny houses, built on trailers, suspension and axle removed, permanently attached
NP
NP
NP
NP
NP
NP
NP
P/O
NP
NP
3.1.40
 
Tiny houses, built on trailers, suspension and axle not removed*
NP
NP
NP
NP
NP
NP
NP
P/O
NP
NP
3.1.40
 
Tiny houses, licensed as travel trailers*
NP
NP
NP
NP
NP
NP
NP
P/O
NP
C
3.1.40
 
Tiny house park
NP
NP
NP
NP
NP
NP
NP
P/O
NP
NP
 
 
Vacation home rentals
P
P
P
P
P
P
P
P
P
NP
 
Public and semi public:
 
 
 
 
 
 
 
 
 
 
 
 
Assembly hall/auditorium
NP
NP
NP
NP
NP
NP
NP
NP
C
P
 
 
Campground1
P/O
P/O
P/O
P/O
P/O
P/O
P/O
P/O
P/O
NP
21-3-1.8
 
Child care, center
NP
NP
NP
NP
NP
NP
NP
C
C
NP
21-3-1.11
 
College or university
NP
NP
NP
NP
NP
NP
NP
NP
C
P
21-3-1.13
 
Community playfields and parks
P
P
P
P
P
P
P
P
P
NP
 
 
Community recreation center
P
P
P
P
P
P
P
P
P
P
 
 
Country club, private
P
P
P
P
P
P
P
P
P
NP
 
 
Cultural facility
C
C
C
C
C
C
C
C
C
P
 
 
Fraternal or social club, nonprofit
NP
NP
NP
NP
NP
NP
NP
C
C
C
 
 
Library
P
P
P
P
P
P
P
P
P
P
 
 
Non-profit/non-governmental organization
C
C
C
C
C
C
C
C
C
C
 
 
Public safety facility
P
P
P
P
P
P
P
P
P
P
 
 
Religious assembly
P
P
P
P
P
P
P
P
P
NP
21-3-1.33
 
School, boarding
C
C
C
C
C
NP
NP
NP
C
P
21-3-1.35
 
School, public or private, K - 8
C
C
C
C
C
C
C
C
C
P
21-3-1.35
 
School, public or private, 9 - 12
C
C
C
C
C
C
C
C
C
P
21-3-1.35
 
Social service facility
NP
NP
NP
NP
NP
NP
NP
NP
C
P
 
 
Solar generation facility
C
C
C
C
C
NP
NP
NP
NP
C
21-3-1.38
 
Utility facility and service yard, major
C
C
C
NP
NP
NP
NP
NP
NP
P
 
 
Utility facility, minor
P
P
P
P
P
P
P
P
P
P
 
 
Wireless facility (including tower and supporting facilities)
C
C
C
C
C
C
C
C
C
C
21-4-4
Agriculture:
 
 
 
 
 
 
 
 
 
 
 
 
Agriculture, general (farming and ranching; no commercial activities or CAFOs)
P
P
P
P
P
NP
NP
NP
NP
NP
21-3-1.3
 
Arizona/Pinal County 4H Program
P
P
P
P
P
C
C
NP
NP
NP
 
 
Caretaker living quarters
P
P
NP
NP
NP
NP
NP
NP
NP
NP
21-3-1.9
 
Concentrated animal feeding operation (CAFO)
C
NP
NP
NP
NP
NP
NP
NP
NP
NP
21-3-1.7
 
Dairy farms (commercial)
C
NP
NP
NP
NP
NP
NP
NP
NP
NP
21-3-1.16
 
Market garden
P
P
P
P
P
C
C
C
NP
NP
 
 
Medical marijuana cultivation
C
C
NP
NP
NP
NP
NP
NP
NP
NP
21-3-1.24
 
Plant nursery/greenhouse
P
P
P
C
C
NP
NP
NP
NP
NP
 
 
Produce stand
C
C
C
NP
NP
NP
NP
NP
NP
NP
 
 
Ranching, commercial
C
C
NP
NP
NP
NP
NP
NP
NP
NP
 
Commercial:
 
 
 
 
 
 
 
 
 
 
 
 
Animal kennel/shelter
P
C
C
NP
NP
NP
NP
NP
NP
NP
 
 
Commercial riding stables
C
C
NP
NP
NP
NP
NP
NP
NP
NP
21-3-1.14
 
Detention/correctional facilities
C
C
NP
NP
NP
NP
NP
NP
NP
C
21-3-1.17
 
Extractive industries
C
NP
NP
NP
NP
NP
NP
NP
NP
NP
21-3-1.19
 
Farmers market
C
C
C
C
C
NP
NP
NP
C
NP
 
 
Feed store
C
C
C
C
C
NP
NP
NP
NP
NP
 
 
Golf course, unlighted
P
P
P
P
P
P
P
P
P
NP
 
 
Parking lots and parking structure
NP
NP
NP
NP
NP
NP
NP
NP
P
P
 
 
Resort
C
C
C
C
C
C
C
C
C
NP
 
 
Note:
    1.    May be permitted in any Residential Zoning District that is also located within an existing Manufactured Home Overlay District.
(Ord. 18-880, 7-23-2018; Ord. 21-911, 7-26-2021)

21-2-2.4: RESIDENTIAL DEVELOPMENT STANDARDS:

   A.   The development standards identified in table 21.2-2.4.B. of this section apply to all principal uses and structures in Residential Districts, except as otherwise expressly stated in this chapter. General exceptions to these regulations and rules for measuring compliance are identified in section 21-6-9 of this chapter and section 21-2-1.3 of this article, respectively. Regulations pertaining to accessory uses and structures are identified in section 21-3-2 of this chapter.
   B.   The provisions of Article IV. General Development Regulations shall apply to property zoned a Residential District specified in Section 21-2-2.2.
Table 21-2-2.4.B.
Residential District Development Standards
Zoning District
Density, Maximum
(Dwelling Units/Gross Acre)
Lot Dimensions, Minimum
Minimum Setbacks10, 11
Separation between buildings and structures on the same lot or parcel
Lot Coverage, Maximu m
Building Height, Maximum
Lot Area
Lot Width1
Front
Side
Street Side
Rear
Table 21-2-2.4.B.
Residential District Development Standards
Zoning District
Density, Maximum
(Dwelling Units/Gross Acre)
Lot Dimensions, Minimum
Minimum Setbacks10, 11
Separation between buildings and structures on the same lot or parcel
Lot Coverage, Maximu m
Building Height, Maximum
Lot Area
Lot Width1
Front
Side
Street Side
Rear
RR-20
1 du/20 acres
871,200 sq. ft.
660'
60'
60'
60
60'
 
 
 
 
Section 21-3-2.4
10%
35'
RR-5
1 du/5 acres
217,800 sq. ft.
330'
50'
30'
50
50'
15%
35'
RR-2.5
1 du/2.5 acres
108,900 sq. ft.
225'
40'
25'
50
40'
15%
35'
R1-54
1 du/1.25 acres
54,450 sq. ft.
150'
30'
20'
40
30'
20%
35'
R1-43
1 du/1 acre
43,560 sq. ft.
145'
30'
20'
40
30'
25%
35'
R1-12
1 du/12,000 sq. ft.
12,000 sq. ft.
75'
20' 2
10'
20
20'
30%
30'
R1-6
1 du/6,000 sq. ft.
6,000 sq. ft.
50'
20'
5'4
153, 5
20'
40%
30'
R-2
Single-family attached15: 12 dus/acre
2,500 sq. ft.
25'
15'3
0'12, 13
103, 4, 5
25'8
75%
36'
Single-family detached: 10 dus/acre
3,500 sq. ft.
35'
15' 3
5' 4
103, 4
10'
50%
36'
All other uses: 12 dus/acre
7,000 sq. ft. site7
-
10'3
10' 6
103, 4
25' 8, 9
10'14
50%
36'
R-3
Multiple family residential: 10 du minimum; 24 du maximum
7,000 sq. ft. site7
-
10'3
10' 6
103, 4
25' 8, 9
10'14
60%
40'
 
Notes:
   1.    Lot width is measured at front setback.
   2.    Front setback shall be fifteen (15) feet for side entry garages and/or covered front porch is allowed.
   3.    A setback shall be twenty (20) feet for front entry garages and carports.
   4.    A minimum fifteen (15) foot interior side setback shall be provided abutting a subdivision tract that is less than ten (10) feet wide where the tract abuts a right-of-way or private street tract. A five (5) foot interior side setback is allowed abutting a subdivision tract that is ten (10) feet wide or greater where the tract abuts a right-of-way or private street tract. The subdivision tract shall be owned by the homeowner association.
   5.    For all corner lots adjacent to a public right-of-way or private street, the minimum street side yard setback shall be twenty (20) feet between dwelling units with common walls.
   6.    Reserved.
   7.    For condominium uses within a single parcel, the minimum lot area required shall be seven hundred (700) square feet per dwelling unit.
   8.    A ten (10) foot minium rear yard setback is allowed when abutting a property with Small Lot Residential (R-2).
   9.    A ten (10) foot minimum rear yard setback is allowed when abutting a property with Multiple Family Residential (R-3).
   10.    The space in any required yard shall be open and unobstructed, except for the ordinary projections of chimney flues, awnings, open outside stairways and balconies, window sills, belt courses, cornices, eaves and other architectural features, provided such features shall not project farther than three (3) feet into any required yard, and provided further, that in no case shall such projections be nearer than five (5) feet to the property line or an adjacent projection from any adjacent lot.
   11.   Bay windows, including their cornices and eaves, may project into any required yard not more than three (3) feet, provided the sum of such projections on any wall does not exceed 1/3 the length of the wall; and provided, that in no case shall such projections be nearer than five (5) feet to the property line or an adjacent projection from any adjacent lot.
   12.   A five (5) foot side setback shall be provided on the end lot abutting an interior side property line. The end lot contains the last unit on either end of a roll of consecutive attached units on individual lots.
   13.   A minimum ten (10) foot interior side setback shall be provided abutting a subdivision tract that is less than ten (10) feet wide where the tract abuts a right-of-way or private street tract. A five (5) foot interior side setback is allowed abutting a subdivision tract that is ten (10) feet wide or greater where the tract abuts a right-of-way or private street tract. The subdivision tract shall be owned by the homeowner association.
   14.   The separation requirement only applies to buildings.
   15.   Excludes condominium developments.
(Ord. 18-880, 7-23-2018; Ord. 24-981, 10-14-2024, eff 11-14-2024)

21-2-2.5: SINGLE-FAMILY RESIDENTIAL DEVELOPMENT REQUIREMENTS AND GUIDELINES:

The following design requirements and guidelines shall apply to single-family residential subdivisions and certain types of residential units built within the City other than those located in planned area developments (PAD). The intent of these requirements and guidelines is to establish a minimum level of residential community expectations within Eloy as well as a consistent method of evaluating new projects. The guidelines set objectives for the developer/designer to meet and are not intended to restrict or impede creativity and imagination. In the event that a conflict exists between the provisions of this section and the Single-Family Residential Districts of table 2.2-2 in section 21-2-2.4 of this section 21-2-2, the provisions of this section shall prevail.
   A.   Requirements For Single-Family Residential Subdivisions:
      1.   Each project shall have a unique entry feature at its primary entrances to provide individual identity to the development. Entry features may include a combination of the following elements: entrance paving, distinctive landscaping treatment, distinctive structural element (statue, windmill, etc.) planters, special wall/column treatment, gates and other entry features.
      2.   A minimum six foot (6') and maximum eight foot (8') wall shall be required along the rear of reverse frontage single-family lots along collector or arterial streets. Such walls shall be constructed of slump block, brick, or masonry with stucco or mortar wash finish and decoratively designed with details such as inlaid tile or brick work, cap tiles, wall inserts, offsets, or pilaster treatments. Long, straight, unbroken walls are not permitted. Landscaping is required to be installed in accordance with City standards within collector or arterial rights-of-way.
      3.   The undergrounding of all utilities less than sixty nine (69) kV (kilovolts), within and abutting the proposed development, shall occur prior to issuance of construction permits for the applicable phase of development.
      4.   All new residential developments (subdivisions) shall be subject to all requirements set forth in the Eloy subdivision regulations.
      5.   Compliance with the City's Engineering Design Standards for Public Works Construction and with Maricopa Association of Governments Standards for Public Works Construction, except for modifications agreed to by the City Engineer.
      6.   Compliance with the Floodplain Management Ordinance or the receipt of a letter of approval from the Pinal County Flood Control District explaining that the development is not located in the floodplain or the measures to protect development located in the floodplain.
      7.   Separation of any production crops on land owned by the property owner for whom the rezoning is sought or such owners and successors on the property herein zoned by not less than fifty feet (50') from the nearest adjacent property boundary, if applicable.
      8.   A homeowner association (HOA) shall be required to be formed for a new residential subdivision.
   B.   Single-Family Residential Site Design Guidelines:
      1.   Housing should foster a sense of neighborhood among nearby residents and a sense of community through linkage with surrounding neighborhoods.
      2.   All new residential development (subdivisions) should include a pedestrian and bicycle multi-use pathway as part of the required open space as per the Eloy General Plan. If applicable, such pathway shall be designed, located and oriented to provide: a) pedestrian and bicycle accessibility within and around the development; b) connections to adjacent developments to enhance a network of multi-modal circulation throughout the community; and c) a buffer between undeveloped, less densely developed lands and developed land use patterns.
      3.   In an effort to reduce street pavement widths and eliminate driveway curb cuts, the use of alleyways with rear garage configurations and entry access points may be considered as a primary means of access to a residential lot.
      4.   Developments containing alleyways should plan and design the alleyways as a secure pedestrian way that links to the neighborhood pedestrian and bicycle multiuse pathways and open space system.
      5.   Residential structures should have a strong relationship to the neighborhood street. A walkway from the street to the front entry is strongly encouraged.
   C.   Single-Family Residential Open Space Requirements:
      1.   All residential developments (subdivisions) shall provide the minimum net acreage required by chapter 15 of this Code as open space.
      2.   Private (subdivision) open space areas shall be designated as a tract, which is owned and maintained by a homeowners' association. Said private open space shall be located to provide access and physical connections to adjacent neighborhoods and to the community open space network and trail system.
      3.   If the open space area (subdivision) is to be dedicated for public use it shall be located to provide access and physical connections to adjacent neighborhoods and to the community open space network and trail system or to provide protection to adjacent public lands.
      4.   The landscaped portion of a private street tract may be counted as open space only if the private street is constructed to the local street standards as shown in the City of Eloy Subdivision Ordinance. However, this landscaped area may not count towards more than twenty five percent (25%) of the required open space.
   D.   Single-Family Residential Architectural Requirements:
      1.   Roof mounted mechanical equipment on new buildings is prohibited. Mechanical equipment, electrical meter and service components, propane tanks, coolers, water filters and similar utility equipment shall be installed at ground level or wall mounted and shall be screened from public view and designed to appear as an integral part of the building.
      2.   All new single-family residences in new subdivisions shall include a minimum two (2) car garage. Carports shall be permitted in subdivisions that were approved before August 2020 and subdivisions with a manufactured home overlay. If a carport is permitted, new single-family residences and manufactured homes shall have, at a minimum, a single car carport. The design and materials of garages and carports shall be compatible with the main structure. Existing carports shall not be enclosed unless substituted with an additional carport or garage on the property. In RR-20, RR-5, RR-2.5, R1-54 and R1-43 zoning districts, the garage area shall not exceed thirty-five percent (35%) of the front face plane of the residential structure.
   E.   Single-Family Residential Architectural Guidelines:
      1.   Mirrored surfaces or reflective treatment that changes or enhances ordinary glass into a mirrored surface are strongly discouraged. Bright untarnished metallic surfaces, including roof materials, should be chemically treated so they are non-reflective.
      2.   Earth tone paint and material colors should have a light reflective value (LRV) no greater than forty percent (40%). Limited use of contrasting accenting colors in excess of forty percent (40%) LRV for small elements such as entryways and special architectural features of the building may be allowed.
      3.   Detached garages and side entry garages are strongly encouraged.
      4.   Front porches and courtyards are strongly encouraged and should provide a pedestrian connection, other than the driveway, to the street.
      5.   Rooflines with differing heights and style combinations, stepping, or different orientations are strongly encouraged.
      6.   All four (4) exterior elevations of a residential structure should provide architectural detailing; not just the front elevation.
      7.   Window embellishments should be provided on all houses by adding architectural features which enhance the elevations, e.g., sturdy synthetic wood substitutes, greater variation of window design, different window styles, tile inlays and recesses, structural pop outs, gabled roof features over the windows, etc. Such features should be added to all of the exterior elevations of the house to provide interest and relief.
      8.   All tract home developments should have a minimum of four (4) floor plans, with a minimum of three (3) distinctly different elevations for each floor plan. Additionally, a minimum of three (3) colors of roof material, three (3) styles of garage doors and three (3) exterior paint motifs should be used to promote visual interest and architectural diversity. The same elevations should not be utilized across from or adjacent to each other. (Ord. 18-880, 7-23-2018; Ord. 19-888, 10-14-2019; Ord. 20-891, 1-27-2020; Ord. 20-897, 9-14-2020)

21-2-2.6: MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT REQUIREMENTS AND GUIDELINES:

   A.   Multiple Family Residential Requirements: Each multiple family project shall have a unique entry feature at its primary entrance to provide individual identity to the development. Entry features may include a combination of some of the following elements: entrance paving, fountains, distinctive landscaping treatment, planters, special wall treatment, gates and other entry features.
      1.   A minimum six foot (6') and maximum eight foot (8') wall shall be required along the rear of reverse frontage single-family lots along collector or arterial streets. Such walls shall be constructed of slump block, brick, or masonry with stucco or mortar wash finish and decoratively designed with details such as inlaid tile or brick work, cap tiles, wall inserts, offsets, or pilaster treatments. Long, straight, unbroken walls are not permitted. Landscaping is required to be installed in accordance with City standards within collector or arterial rights-of-way.
      2.   The undergrounding of all utilities less than sixty nine (69) kilovolts (kV) within and abutting the proposed development prior to issuance of construction permits for the applicable phase of development.
      3.   All new residential developments (subdivisions) shall be subject to all requirements set forth in the Eloy subdivision regulations.
      4.   Compliance with the City's Engineering Design Standards for Public Works Construction and with Maricopa Association of Governments Standards for Public Works Construction, except for modifications agreed to by the City.
      5.   Compliance with the Floodplain Management Ordinance or the receipt of a letter of approval from the Pinal County Flood Control District explaining that the development is not in the floodplain.
      6.   Separation of any production crops on ground owned by the property owner for whom the rezoning is sought or such owners and successors on the property herein zoned by not less than fifty feet (50') from occupied dwelling units, if applicable.
      7.   The creation of a property management association shall be required for a new multiple family development project.
   B.   Multiple Family Residential Site Design Requirements:
      1.   All new multiple family residential developments (subdivisions) shall be subject to all requirements set forth in the Eloy subdivision regulations.
      2.   Parking areas adjacent to the required front yard shall be screened by a decorative wall or landscape berm or combination thereof to a height not to exceed three feet (3') measured from the finish grade in order to adequately screen the undercarriages of the parked vehicles.
      3.   Trash and refuse collection locations shall be screened with a six foot (6') decorative masonry wall that is finished to match the exterior elevation of the dwelling units. Trash and refuse areas shall be located such that they are not the visual focal point of a driveway or parking area, and cannot be viewed directly from a public street.
      4.   All multiple family residential developments, having more than four (4) dwelling units, shall provide amenities for the residents' use. Examples of such amenities are swimming pool, clubhouse, health and fitness center, tennis courts, etc. The area utilized by these amenities may be credited as open space.
      5.   Required covered parking shall provide motion sensor/detector light fixtures which are to be placed under the parking shade canopy. The design and materials of the covered parking canopy shall be compatible with the main structure.
   C.   Multiple Family Residential Open Space Requirements:
      1.   All multiple family residential developments shall be required to provide a minimum of four hundred (400) square feet of usable open space per dwelling unit. Usable open spaces may include both active and passive uses including, but not limited to pool facilities, open turf areas, trails (not including sidewalks between buildings), ballfields, tot lots and other similar features.
      2.   All multiple residential developments shall adhere to the open space requirements of subsection 15-4-3B of this Code.
   D.   Multiple Family Residential Architectural Requirements:
      1.   Mechanical equipment, electrical meter and service components, propane tanks, coolers, water filters and similar utility equipment shall be installed at ground level or wall mounted and shall be screened from public view and designed to appear as an integral part of the building.
   2.   The building materials of a project shall be durable, require low maintenance, and be of the same or higher quality as surrounding developments. All multiple residential buildings shall have a permanent foundation and a garage, carport or covered parking canopy.
   E.   Multiple Family Residential Architectural Guidelines:
      1.   All buildings should incorporate three hundred sixty degree (360°) architecture, a variety of massing and building heights, and stepping rooflines. Straight rooflines should be varied by using offsets, differing heights, stepping, or different orientations to produce more variety within a development. Roof material should not be wood shake shingles.
      2.   All of the exterior elevations of the structures should provide interest and relief and utilize architectural detailing and overhanging eaves. Embellish window treatments on buildings by adding architectural features, which enhance the elevations, e.g., gabled roof features over windows, structural pop outs, recesses, headers, tile inlays, different window designs and styles.
      3.   Reflective building materials are strongly discouraged. Mirrored surfaces or any treatment that changes ordinary glass into a mirror surface are discouraged. Metallic surfaces, including roof materials, should be chemically treated to be non-reflective. Earth tone paint and material colors should have a light reflective value (LRV) no greater than forty percent (40%). Limited use of contrasting accenting colors in excess of forty percent (40%) LRV for small elements such as entryways and special architectural features of the building may be allowed.
      4.   All of the dwelling units within the development should have a strong design/orientation to one another, to the common open space and to the neighborhood street. A walkway from the street to the front entry is strongly encouraged. (Ord. 18-880, 7-23-2018; Ord. 20-891, 1-27-2020)

21-2-3.1: GENERAL PURPOSE:

The purpose of the Commercial and Mixed-Use Districts is to provide for a variety of goods, services and housing, each suited to specific retail, office, entertainment, and moderate to high density residential uses in order to foster economic health, community sustainability and also to maintain compatibility with adjacent uses. These districts are intended to provide attractive, well-designed developments that are appropriately located along primary roadways and multi-modal transportation facilities to serve Eloy residents, customers, and visitors. (Ord. 18-880, 7-23-2018)

21-2-3.2: COMMERCIAL AND MIXED-USE DISTRICTS ENUMERATED:

   A.   Neighborhood Commercial District (C-1): The purpose of this Commercial Zoning District is to provide a location for small scale, well designed professional offices and smaller shops and services in convenient locations to meet the daily needs of residents in the surrounding neighborhood. It is intended that this district restrict its range of uses to those that satisfy the daily commercial, office, and service needs of the immediate surrounding neighborhood.
   B.   General Commercial District (C-2): The purpose of this Commercial Zoning District is to provide a location for general business and commercial uses. The intent of this district is to allow for larger commercial uses to satisfy the needs of the community at large while providing for a broad range of retail, office and service oriented activities.
   C.   Mixed-Use District (MU): The purpose of this Mixed-Use District is to allow the inclusion of both residential and non- residential uses, either vertically or horizontally, on one parcel of land. The intent is to promote site and building design that accommodates multi-modal mobility that creates opportunities to live, work and recreate within newly developing greenfield sites, near existing neighborhoods and/or near the Downtown Core area. Residential densities ranging from ten (10) to twenty four (24) dwelling units per acre are permitted. (Ord. 18-880, 7-23-2018)

21-2-3.3: COMMERCIAL AND MIXED-USE STANDARDS:

Table 2.3-1, "Table Of Allowed Uses For Commercial And Mixed-Use Districts", of this section, lists land uses and indicates whether they are permitted by right or with approval of a conditional use permit (CUP), or prohibited within each zoning district. The use table also includes references to additional use-specific standards that may be applicable to that use. The organization headings and individual abbreviations utilized in the table are identified as follows:
   A.   Use Category: The "use category" is intended to provide a quick reference to organize the specific uses. Such categories are not regulatory.
   B.   Specific Use Type: The "specific use type" is regulatory and functions as the basis for listing the existing and future land uses that are considered in each zoning district. Rather than list every possible individual land use type, this list classifies individual land uses and activities into specific use types based on common functional, product or physical characteristics; such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions. The definitions of each specific use type are located in section 21-9-1, "Definitions", of this chapter.
   C.   Permitted Uses (P): A "P" in a cell indicates that the use is allowed by right in that zoning district.
   D.   Conditional Uses (C): A "C" in a cell indicates that the use is allowed with a conditional use permit in the respective zoning district. Conditional use permits must be reviewed and approved in accordance with the procedures of section 21-6-7 of this chapter.
   E.   Not Permitted (NP): An "NP" in a cell indicates that the use is prohibited in the respective zoning district.
   F.   Use-Specific Standards: Section numbers listed in the "Supplemental Use Regulations" column denote the location of additional regulations that are applicable to the specific use type; however, provisions in other sections of this chapter may also apply.
   G.   Non-Specified Uses: When a use cannot be reasonably classified into a specific use type, or appears to fit into multiple specific use types, the Zoning Administrator is authorized to determine the most similar and thus most appropriate specific use type based on the actual or projected characteristics of the individual use or activity (including but not limited to size, scale, operating characteristics and external impacts) in relationship to the specific use type definitions provided in section 21-9-1 of this chapter. Appeal of the Zoning Administrator's decision may be filed with the Community Development Department and heard by the Board of Adjustment in conformance with the procedures of section 21-6-2.11 of this chapter.
   TABLE 2.3-1
   TABLE OF ALLOWED USES FOR
   COMMERCIAL AND MIXED-USE DISTRICTS
 
P = Permitted use
C = Conditional use
NP = Not permitted
 
Use Category
Specific Use Type
Commercial And Mixed-Use Zoning Districts
C-1
C-2
MU
PF
Supplemental Use Regulations
Use Category
Specific Use Type
Commercial And Mixed-Use Zoning Districts
C-1
C-2
MU
PF
Supplemental Use Regulations
Residential
Assisted living center
NP
C
P
NP
21-3-1.5
Boarding/shelter care
NP
C
NP
NP
 
Caretaker's quarters
NP
C
C
NP
21-3-1.9
Dwelling, live/work
NP
NP
P
NP
 
Dwelling, multi-family
NP
NP
P
NP
 
Dwelling, single-family attached
NP
NP
P
NP
 
Nursing home
NP
C
P
NP
21-3-1.28
Vacation home rentals
NP
NP
P
NP
 
Public and semi public
Arboretum or botanical garden
C
P
P
NP
 
Assembly hall/auditorium
C
P
P
P
 
Bus terminal
NP
C
C
NP
 
Campground
NP
NP
C
NP
21-3-1.8
Cemetery
C
C
C
C
 
Child care, center
C
C
P
NP
21-3-1.11
College or university
NP
P
P
P
21-3-1.13
Community playfields and parks
NP
C
P
NP
 
Community recreation center
P
P
P
P
 
Crematorium or funeral parlor
C
P
C
NP
 
Cultural facility
C
P
P
P
 
Fraternal or social club, nonprofit
C
P
P
NP
 
Government offices and civic buildings
P
P
P
P
 
Health care/medical facility or clinic
C
P
P
P
 
Hospitals
NP
P
P
P
 
Library
P
P
P
P
 
Museum, cultural facility
NP
P
P
P
 
Non-profit/non- governmental organization
C
C
C
C
 
Public safety facility
P
P
P
P
 
Religious assembly
P
P
P
NP
21-3-1.33
School, boarding
C
C
C
P
21-3-1.35
School, public or private, K - 8
C
C
C
P
21-3-1.35
School, public or private, 9 - 12
C
C
C
P
21-3-1.35
Social service facility
C
C
C
P
 
Solar generation facility
C
C
C
C
21-3-1.38
Utility facility and service yard, major
NP
C
C
P
 
Utility facility, minor
P
P
P
P
 
Wireless facility (including tower and supporting facilities)
C
C
C
C
21-4-4
Commercial
Adult entertainment business
NP
NP
NP
NP
21-3-1.2
Alcoholic beverages, retail sale
C
P
P
NP
 
Animal, hospital/veterinarian
NP
C
NP
NP
21-3-1.4
Animal kennel/shelter
NP
C
NP
NP
 
Automobile rentals
NP
P
P
NP
 
Automobile repair
NP
C
NP
NP
 
Automobile sales and leasing
NP
P
NP
NP
 
Bar, lounge, or tavern
NP
P
P
NP
 
Business services
P
P
P
NP
 
Car wash
NP
C
NP
NP
 
Coffee shop/cafe
P
P
P
NP
 
Coffee shop/cafe with drive through
C
C
C
NP
21-3-1.18
Commercial entertainment, indoor
NP
C
C
NP
 
Commercial entertainment, outdoor
NP
C
C
NP
 
Convenience store
P
P
P
NP
21-3-1.15
Farmers market
C
P
P
NP
 
Feed store
C
P
P
NP
 
Financial institution (chartered; bank)
C
P
P
NP
 
Financial institution (chartered), with drive through
C
P
P
NP
 
Fitness and sports center
C
P
P
NP
 
General market
P
P
P
NP
 
General personal services
P
P
P
NP
 
General personal services with drive through
C
P
P
NP
21-3-1.18
General recreation, indoor
NP
P
P
NP
 
Hotel or motel
NP
P
P
NP
 
Instructional services or trade schools
NP
P
C
P
 
Medical marijuana dispensary
NP
C
NP
NP
21-3-1.25
Medical marijuana infusion
NP
C
NP
NP
21-3-1.26
Microbrewery, craft distillery or tasting room
NP
P
P
NP
21-3-1.27
Movie theater
NP
P
P
NP
 
Nightclub
NP
C
C
NP
 
Non-chartered financial institution (payday loan/check cashing)
NP
C
NP
NP
 
Nursery, commercial
NP
C
C
NP
 
Office, business or professional
P
P
P
NP
 
Outdoor/mobile vending
C
C
C
NP
21-3-1.31
Parking lots and parking structure
NP
P
P
P
 
Recreational marijuana establishments and dual licensee facilities
C
C
NP
NP
21-3-1.33
Restaurant
P
P
P
NP
 
Restaurant, with drive through
C
C
C
NP
21-3-1.18
Restaurant, with off track betting
NP
C
C
NP
 
Retail, general
P
P
P
NP
 
Retail, general with drive through
C
C
C
NP
21-3-1.18
Retail, large format
NP
P
P
NP
 
Retail, smoke shop
NP
C
C
NP
 
Self-storage, indoor
NP
C
C
NP
21-3-1.36
Service station
NP
P
P
NP
21-3-1.37
Service station with car wash
NP
C
C
NP
21-3-1.37
Tour services
NP
P
P
NP
 
Truck stop
NP
C
NP
NP
 
Industrial
Building materials sales, indoor retail
NP
C
C
NP
 
Building materials sales, outdoor or wholesale
NP
C
NP
NP
 
Heavy rental, outdoor
NP
C
NP
NP
 
 
(Ord. 18-880, 7-23-2018; amd. Ord. 21-904, 3-22-2021)

21-2-3.4: COMMERCIAL AND MIXED-USE DEVELOPMENT STANDARDS:

   A.   The following development standards identified in Table 21-2-3.4.B. of this section apply to all principal uses and structures in Commercial and Mixed-Use Districts, except as otherwise expressly stated in this chapter. General exceptions to these regulations and rules to determine compliance are identified in section 21-6-9 of this chapter and section 21-2-1.3 of this article, respectively.
   B.   The provisions of Article IV. General Development Regulations shall apply to property zoned a Commercial and Mixed-Use District specified in Section 21-2-3.2.
Table 21-2-3.4.B.
Commercial and Mixed-Use Districts Development Standards
Zoning District
C-1
C-2
MU
Table 21-2-3.4.B.
Commercial and Mixed-Use Districts Development Standards
Zoning District
C-1
C-2
MU
Lot dimensions, maximum:
 
 
 
 
Size of use or user
25,000 sq. ft.
-
7,000 sq. ft. (minimum)
Residential density, minimum
X
X
3 units7
Setbacks, minimum:
 
Front
15'
20' 1
0' 1
 
Side
10' 2
15' 2
0' 1
 
Side, adjacent to residential
20' 1
30' 1
30' 1,3
 
Street side
10'
10'
10'
 
Rear
10'
20'
10' 4
 
Rear, adjacent to residential
20'
30'
30' 3
Lot coverage, maximum
40%
60%
-
Building height, maximum
36'
36' 5
36' 5,6
 
Notes:
   1.    Front and side setback for street facing parking areas shall be a minimum of fifteen (15) feet.
   2.    Zero setbacks are permitted for structures if adjacent structures also have zero setbacks and regulations of the Building Code in force at the time of the review are met.
   3.    Fifteen (15) foot setbacks are allowed if adjacent parcel is zoned R-2 or R-3.
   4.    Rear setback can be reduced to five (5) feet if adjacent to a public alley.
   5.    Unless otherwise permitted through a conditional use permit.
   6.    Building height may be increased to forty-eight (48) feet for development that contains vertical mixed- use with residential above ground floor commercial uses.
   7.   Residential uses shall be horizontally or vertically integrated within a commercial development as part of a Development Plan. For each one (1) gross square foot of commercial floor, three (3) gross square feet of residential floor area, including the gross floor area of interior amenities and common areas, is allowed.
(Ord. 18-880, 7-23-2018; Ord. 24-981, 10-14-2024, eff 11-14-2024)

21-2-3.5: COMMERCIAL AND MIXED-USE DEVELOPMENT REQUIREMENTS AND GUIDELINES:

The commercial and mixed-use development requirements and guidelines have been established to: create an attractive and functional setting for businesses located along primary roadway corridors; create and maintain an efficient, functional, safe and pleasant built environment for residents and visitors; and promote attractive, high quality development that will support and enhance the greater community.
   A.   Applicability: These requirements and guidelines shall apply to the development of new buildings or renovation of existing buildings within any Commercial and Mixed-Use Zoning District in the City of Eloy, unless otherwise specified within this section. In the case of mixed-use buildings, the single-family residential guidelines of this section and the guidelines of sections 21-2-3.4 and 21-2-3.5 of this section 21-2-3, commercial development, shall both apply.
These requirements and guidelines will be used by City staff and the Planning and Zoning Commission as a framework for evaluating development proposals and for consideration of design aspects of such proposed projects. The Eloy subdivision regulations should also be referenced for additional site design standards specifically applicable to commercial and mixed-use developments.
   B.   Architectural Guidelines:
      1.   Natural materials and deep earth tone colors are preferred, and design elements should not primarily consist of metal, glass, plastic, highly reflective materials and bright colors. Such materials may have limited application in trim or accent areas, but should not be the predominant visual elements of the building(s) or site improvements.
      2.   Large, bland monolithic facades or rooflines and repetition of very simple details foster a monotonous character, which should be avoided. Building elevations should create a unique character which is emphasized through interesting architectural details or facade articulation in each component. For example, windows may be arched or rectangular, bayed out or recessed, have raised borders, awnings, planter boxes or shutters.
      3.   All building facades should be designed with architecturally finished materials, with primary building materials limited to the following:
         a.   Modular masonry materials such as brick, block, and stone.
         b.   Precast concrete or aggregate panels with a decorative finish.
         c.   Stucco or stucco-like materials.
         d.   Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability.
         e.   Other materials as determined by the Zoning Administrator.
      4.   The following building types and materials are discouraged:
         a.   Galvanized or unfinished steel, galvalume or unfinished aluminum buildings (walls or roofs), unless the roadway facing the facade of the building is specifically intended to have a corrosive designed finish such as Cor-Ten steel or is finished with a material that is compliant with subsection B3 of this section.
         b.   Exposed, untextured, uncolored, unaugmented concrete.
   C.   Site Design/Orientation Requirements:
      1.   Buildings, structures, open space areas and other features shall be oriented to protect and/or enhance major vistas and panoramas that accentuate mountain vistas, and/or special man- made or natural landmarks.
      2.   On-site pedestrian walks shall be provided to connect street sidewalks to primary commercial and mixed-use building entries by the most direct route practicable. Multi-building developments shall minimize auto/pedestrian conflicts and maximize convenient pedestrian access between buildings.
      3.   Openings for vehicular uses, such as garage door bays used to access vehicles into and out of a building for repair or storage, must be located on facades that do not face the primary street.
   D.   Circulation Requirements:
      1.   Proposed developments fronting ADOT controlled roadways shall complete a traffic impact analysis (TIA), including access needs, traffic control needs, highway expansion needs, drainage management plan, and/or a cost sharing plan. ADOT approval will be required as part of the development plan approval process.
      2.   Developments along public roadways may be required to complete a traffic study analysis, including access needs, traffic control needs, highway expansion needs, drainage management plan, and/or a cost sharing plan. The approval of the Eloy City Engineer will be required as part of the development plan approval process.
      3.   Vehicular access points along arterial and collector roadways shall be placed and designed in accordance with ADOT and/or City requirements.
   E.   Utility Requirements:
      1.   All on-site electric utility and all other communication and utility lines for buildings shall be placed underground. (Ord. 18-880, 7-23-2018; Ord. 20-891, 1-27-2020)

21-2-3.6: ADDITIONAL DESIGN STANDARDS:

   A.   Parking And Loading Requirements: See section 21-4-1, "Off- Street Parking And Loading", of this chapter for additional development and design regulations.
   B.   Landscaping And Screening Requirements: See section 21-4-2 of this chapter for additional development and design regulations relating to fencing, screening and landscaping.
   C.   Signage Requirements: See section 21-4-3, "Signage", of this chapter for additional development and design regulations.
   D.   Outdoor Lighting Requirements: See section 21-4-5, "Outdoor Lighting", of this chapter for additional development and design regulations.
   E.   Additional References: Further reference, as applicable, is provided in the City of Eloy, Building and Fire Codes, subdivision regulations, Floodplain Management Ordinance, and Engineering Design Standards. (Ord. 18-880, 7-23-2018)

21-2-4.1: GENERAL PURPOSE:

The purpose of the Public Facilities (PF) District is to provide appropriate areas for buildings and facilities that are owned and operated by Federal, State, regional, County and/or City governments, public/semi-public utilities, special districts, or nonprofit/nongovernmental organizations which are used to provide governmental public and/or semi-public related services. This zone is also appropriate for educational sites, and cultural facilities. The Public Facilities District is reserved for the construction, use and occupancy of governmental, non- profit/nongovernmental public utility, cultural and educational buildings and facilities, and other uses compatible with and support the character of the district. (Ord. 18-880, 7-23-2018)

21-2-4.2: PUBLIC FACILITIES USE STANDARDS:

The "tables of allowed uses" for Residential, Commercial and Industrial Districts (section 21-2-2.3, table 2.2-1, section 21-2-3.3, table 2.3-1 and section 21-2-5.3, table 2.5-1 of this article), lists public facility, public and quasi-public uses and indicates whether they are permitted by right or with approval of a conditional use permit (CUP), or prohibited within each zoning district. These use tables also include references to additional supplemental use standards that may be applicable to that use. The organization headings and individual abbreviations utilized in the tables are identified as follows:
   A.   Use Category: The "use categories" are intended to provide a quick reference to organize the specific uses. These categories are not regulatory.
   B.   Specific Use Type: The "specific use types" are regulatory and function as the basis for listing the existing and future land uses that are considered in each zoning district. Rather than list every possible individual land use type, this list classifies individual land uses and activities into specific use types based on common functional, product or physical characteristics; such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions. The definition of each specific use type is located in section 21-9-1, "Definitions", of this chapter.
   C.   Permitted Uses (P): A "P" in a cell indicates that the use is allowed by right in that zoning district.
   D.   Conditional Uses (C): A "C" in a cell indicates that the use is allowed with a conditional use permit in the respective zoning district. Conditional use permits must be reviewed and approved in accordance with the procedures of section 21-6-7 of this chapter.
   E.   Not Permitted (NP): An "NP" in a cell indicates that the use is prohibited in the respective zoning district.
   F.   Use-Specific Standards: Section numbers listed in the "Supplemental Use Regulations" column denote the location of additional regulations that are applicable to the specific use type; however, provisions in other sections of this chapter may also apply.
   G.   Non-Specified Uses: When a use cannot be reasonably classified into a specific use type, or appears to fit into multiple specific use types, the Zoning Administrator is authorized to determine the most similar and thus most appropriate specific use type based on the actual or projected characteristics of the individual use or activity (including but not limited to size, scale, operating characteristics and external impacts) in relationship to the specific use type definitions provided in section 21-9-1 of this chapter. Appeal of the Zoning Administrator's decision may be filed with the Community Development Department and heard by the Board of Adjustment in conformance with the procedures of section 21-6-2.11 of this chapter. (Ord. 18-880, 7-23-2018)

21-2-4.3: PUBLIC FACILITIES DEVELOPMENT STANDARDS:

   A.   Public facility oriented uses and/or structures are permissible in Residential, Commercial or Industrial Zoning Districts. As such, development standards for most public facility uses will utilize the principal uses and structures identified for Residential Districts (section 21-2-2.4, Table 21-2-2.4.B. of this article), Commercial Districts (section 21-2-3.4, Table 21-2-3.4.B. of this article) or Industrial Districts (section 21-2-5.4, table 2.5-2 of this article) except as otherwise expressly stated in this chapter. Additional public facility development standards are found in Table 21-2-4.3.B. of this section.
   B.   The provisions of Article IV. General Development Regulations shall apply to property zoned a Public Facilities District (PF).
Table 21-2-4.3.B.
Public Facilities Development Standards
Standard
PF
Table 21-2-4.3.B.
Public Facilities Development Standards
Standard
PF
Lot area
No requirement
Lot width
No requirement
Lot depth
No requirement
Front yard setback
None, except when abutting a Residential Zone, then the front yard setback to a building or parking area shall be the required setback of the abutting Residential Zone. Where a PF use is or will abut 2 or more different Residential Zones, the more stringent setback shall apply, but may be waived by the Zoning Administrator, based on the buffering between the 2 uses
Side and rear yard setback
None, except when abutting a Residential Zone, then the side or rear setback to a building or parking area is 10 feet. The required side and rear yard setback shall be increased by ½ foot horizontal distance for each vertical foot by which the structure exceeds 20 feet in height
Building height
35 feet; except where a setback of 100 feet can be provided, the building height may be a maximum of 55 feet. If the abutting zoning district allows buildings taller than 35 feet, the height of the abutting zoning district may be applied to the abutting PF Zoning District
Lot coverage
No maximum requirement
 
(Ord. 18-880, 7-23-2018; Ord. 24-981, 10-14-2024, eff 11-14-2024)

21-2-4.4: PUBLIC FACILITIES DESIGN GUIDELINES:

   A.   Landscaping And Walls: Landscaping and walls for all public facility uses shall conform to the residential and non- residential requirements provided in article IV of this chapter.
   B.   Off-Street Parking: Off-street parking for public facilities shall comply with the standards contained in article IV of this chapter.
   C.   Signs: Signage for public facilities shall comply with the standards contained in article IV of this chapter. (Ord. 18-880, 7-23-2018)

21-2-5.1: GENERAL PURPOSE:

The purpose of the Industrial Zoning Districts is to provide areas that promote employment opportunities for existing and future residents of the City and surrounding communities, while also separating these districts from future and/or established residential and commercial areas from their potential direct and indirect operational influences. (Ord. 18-880, 7-23-2018)

21-2-5.2: INDUSTRIAL DISTRICTS ENUMERATED:

   A.   Business Park (BP): The purpose of this Industrial District is to provide sites for a range of research, technology and business park uses, including office and administrative uses, designed to be conducted such that these and storage operations are contained entirely within enclosed buildings. Light manufacturing uses that complement the business park or research park use that do not exhibit nuisances may be permitted if pertinent to the primary use. This district encourages the development of attractive buildings in a campus type setting on well-landscaped sites which may be adjacent to residential areas.
   B.   Light Industrial (I-1): The purpose of this Industrial Zoning District is to provide for a mix of assembly and non-intensive manufacturing and office park uses. Such uses are located in an attractive, planned development setting with proper screening and landscaping; all compatible with adjacent uses. It is intended that this district allow for employment growth through the establishment of high quality, planned industrial centers for corporate offices and indoor manufacturing and well screened storage uses.
   C.   General Industrial (I-2): The purpose of this Industrial Zoning District is to provide areas where heavy and concentrated fabrication, manufacturing, and processing uses are appropriately screened and landscaped. It is intended that this district provide adequate space for industrial operations and related activities so that the economic base of the City may be strengthened and employment opportunities expanded while protecting residential and commercial land uses from objectionable encroachments. (Ord. 18-880, 7-23-2018)

21-2-5.3: INDUSTRIAL USE STANDARDS:

Table 2.5-1, "Table Of Allowed Uses For Business, Industrial And Public Facility Districts", of this section, lists land uses and indicates whether they are permitted by right or with approval of a conditional use permit (CUP), or prohibited within each zoning district. The use table also includes references to additional use-specific standards that may be applicable to that use. The organization headings and individual abbreviations utilized in the table are identified as follows:
   A.   Use Category: The "use category" is intended to provide a quick reference to organize the specific uses. Such category is not regulatory.
   B.   Specific Use Type: The "specific use type" is regulatory and functions as the basis for listing the existing and future land uses that are considered in each zoning district. Rather than list every possible individual land use type, this list classifies individual land uses and activities into specific use types based on common functional, product or physical characteristics; such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions. The definition of each specific use type is located in section 21-9-1, "Definitions", of this chapter.
   C.   Permitted Uses (P): A "P" in a cell indicates that the use is allowed by right in that zoning district.
   D.   Conditional Uses (C): A "C" in a cell indicates that the use is allowed with a conditional use permit in the respective zoning district. Conditional use permits must be reviewed and approved in accordance with the procedures of section 21-6-7 of this chapter.
   E.   Not Permitted (NP): An "NP" in a cell indicates that the use is prohibited in that zoning district.
   F.   Use-Specific Standards: Section numbers listed in the "Supplemental Use Regulations" column denote the location of additional regulations that are applicable to the specific use type; however, provisions in other sections of this chapter may also apply.
   G.   Non-Specified Uses: When a use cannot be reasonably classified into a specific use type, or appears to fit into multiple specific use types, the Zoning Administrator is authorized to determine the most similar and thus most appropriate specific use type based on the actual or projected characteristics of the individual use or activity (including but not limited to size, scale, operating characteristics and external impacts) in relationship to the specific use type definitions provided in section 21-9-1 of this chapter. Appeal of the Zoning Administrator's decision may be filed with the Community Development Department and heard by the Board of Adjustment in conformance with the procedures of section 21-6-2.11 of this chapter.
TABLE 2.5-1
TABLE OF ALLOWED USES FOR BUSINESS, INDUSTRIAL AND PUBLIC FACILITY DISTRICTS
 
P = Permitted use
C = Conditional use
NP = Not permitted
Industrial Zoning Districts
Use Category And Specific Use Type
BP
I-1
I-2
PF
Supplemental Use Regulations
Industrial Zoning Districts
Use Category And Specific Use Type
BP
I-1
I-2
PF
Supplemental Use Regulations
Public and semi public use category:
Bus terminal
P
P
P
NP
 
Campground
NP
C
C
NP
Cemetery
P
C
NP
C
 
Crematorium or funeral parlor
P
P
NP
NP
 
Cultural facility
C
NP
NP
P
 
Government offices and civic buildings
P
P
P
P
 
Hospitals
P
C
NP
P
 
Non-profit/non-governmental organization
P
C
C
C
 
Public safety facility
P
P
P
P
 
Religious assembly
P
P
C
NP
Solar generation facility
C
C
C
C
 
Utility facility and service yard, major
C
C
P
P
 
Utility facility, minor
P
P
P
P
 
Wireless facility (including tower and supporting facilities)
P
P
P
C
Commercial use category:
Adult entertainment business
NP
C
NP
NP
Animal hospital/veterinarian
C
P
P
NP
Animal kennel/shelter
C
C
P
NP
 
Animal training
C
C
P
NP
 
Automobile rentals
P
P
NP
NP
 
Automobile repair major
C
P
P
NP
Automobile repair minor
P
P
P
NP
Automobile sales and leasing
P
P
NP
NP
 
Bar, lounge, or tavern
P
P
C
NP
 
Business services
P
P
C
NP
 
Car wash
P
P
NP
NP
 
Commercial entertainment, indoor
P
C
NP
NP
 
Commercial entertainment, outdoor
C
C
NP
NP
 
Convenience store
P
P
NP
NP
Farmers market
P
P
NP
NP
 
Feed store
C
P
C
NP
 
Financial institution (chartered; bank)
P
NP
NP
NP
 
Financial institution (chartered), with drive through
C
NP
NP
NP
Fitness and sports center
P
P
C
NP
 
Flea market
C
C
C
NP
 
General personal services
C
P
C
NP
 
General recreation, indoor
P
P
C
NP
 
General recreation, outdoor
NP
C
C
NP
 
Instructional services or trade schools
P
P
P
P
 
Medical marijuana dispensary, infusion, or cultivation
C
C
C
NP
Microbrewery or craft distillery
C
C
NP
NP
Non-chartered financial institution (payday loan/check cashing)
NP
C
NP
NP
 
Nursery, commercial
NP
P
P
NP
 
Office business or professional
P
P
P
NP
 
Outdoor/mobile vending
NP
C
NP
NP
Parking lots and parking structure
P
P
P
P
 
Recreational marijuana: establishments, testing facilities and dual licensee facilities
C
C
C
NP
Restaurant
P
P
C
NP
 
Restaurant, with drive through
P
P
C
NP
Restaurant, with off track betting
C
C
C
NP
 
Retail, general
P
P
C
NP
 
Retail, general with drive through
C
P
C
NP
Retail, large
C
C
NP
NP
 
Retail, pawn shop
C
P
NP
NP
 
Retail, smoke shop
C
P
NP
NP
 
Self-storage, indoor
P
P
P
NP
Service station
P
P
NP
NP
Service station with car wash
C
P
NP
NP
Wholesale establishment
P
P
P
NP
 
Industrial use category:
Assembly, light
P
P
P
NP
 
Auctions, indoor
P
P
P
NP
 
Auto wrecking and salvage yard
NP
NP
C
NP
 
Building materials sales, indoor retail
P
P
P
NP
 
Building materials sales, outdoor or wholesale
NP
P
P
NP
 
Distribution/warehousing center, indoor
NP
C
P
NP
 
Distribution yard, outdoor
NP
C
P
NP
 
Manufacturing, heavy
NP
NP
P
NP
 
Manufacturing, light
P
P
P
NP
 
Outside storage (vehicles, boat, RV)
NP
C
P
NP
Recycling center
NP
C
P
C
 
Research laboratory
P
P
P
NP
 
Resource extraction
NP
NP
C
NP
 
Truck stop
NP
C
P
NP
 
Waste facility, landfill
NP
NP
C
C
 
Waste facility, transfer station
NP
NP
C
C
 
Wholesale establishment
P
P
P
NP
 
 
(Ord. 18-880, 7-23-2018; amd. Ord. 21-904, 3-22-2021)

21-2-5.4: INDUSTRIAL DEVELOPMENT STANDARDS:

   A.   Following development standards identified in Table 2.5-2-5.4.B. of this section apply to all principal uses and structures in Industrial Districts, except as otherwise expressly stated in this chapter. General exceptions to these regulations and rules to determine compliance are identified in section 21-6-9 of this chapter and section 21-2-1.3 of this article, respectively. Regulations governing accessory uses and structures are identified in section 21-3-2 of this chapter.
   B.   The provisions of Article IV. General Development Regulations shall apply to property zoned an Industrial District specified in Section 21-2-5.2.
Table 2.5-2-5.4.B.
Business and Industrial Districts Development Standards
Zoning District
BP
I-1
I-2
Table 2.5-2-5.4.B.
Business and Industrial Districts Development Standards
Zoning District
BP
I-1
I-2
Lot dimensions, minimum:
 
 
 
 
Lot width
60'
100'
100'
Setbacks, minimum:
 
 
 
 
Front
20' 1
20' 1
30' 1
 
Side
15' 2
15' 2
20' 2
 
Side, adjacent to residential
30' 1
50' 1
75' 1
 
Street side
10'
15'
15'
 
Rear
15'
15'
20'
 
Rear, adjacent to residential
30'
50'
75'
Lot coverage, maximum
50%
60%
60%
Building height, maximum
48'
48'
56'
Notes:
   1.    Front and side setback for street facing parking areas shall be a minimum of fifteen (15) feet.
   2.    Zero setbacks are permitted for structures if adjacent structures also have zero setbacks and regulations of the Building Code in force at the time of the review are met.
(Ord. 18-880, 7-23-2018; Ord. 24-981, 10-14-2024, eff 11-14-2024)

21-2-5.5: INDUSTRIAL DEVELOPMENT REQUIREMENTS AND GUIDELINES:

The industrial design requirements and guidelines contained in this section have been established to: recognize the unique needs and characteristics of development in business and industrial use settings; protect and promote long-term economic vitality through the promotion of high quality development; and minimize adverse impacts to existing neighborhoods and anticipated residential growth areas.
   A.   Applicability: These requirements and guidelines shall apply to development of new buildings or renovation of existing buildings within any Business and Industrial Zoning District, unless otherwise specified within this section.
   These requirements and guidelines will be used by City staff and the Planning and Zoning Commission as a framework for evaluating development proposals and for commenting on the design aspects of those proposed projects. The Eloy subdivision regulations should also be referenced for additional site design standards specifically applicable to commercial subdivision developments.
   B.   Architectural Guidelines:
      1.   Natural materials and deep earth tone colors are preferred, and design elements should not primarily consist of metal, glass, plastic, highly reflective materials and bright colors. Such materials may have limited application in trim or accent areas, but should not be predominant visual elements of the building(s) or site improvements.
      2.   Large, bland monolithic facades or rooflines and repetition of very simple details foster a monotonous character, which should be avoided. Building elevations should create a unique character which is emphasized through interesting architectural details or relief in each component. For example, windows may be arched or rectangular, bayed out or be recessed, have raised borders, awnings, planter boxes or shutters.
      3.   All building facades should be designed with architecturally finished materials, with primary building materials limited to the following:
         a.   Modular masonry materials such as brick, block, and stone.
         b.   Precast concrete or aggregate panels with a decorative finish.
         c.   Stucco or stucco-like materials.
         d.   Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability.
         e.   Other materials as determined by the Zoning Administrator.
      4.   The following building types and materials are discouraged:
         a.   Galvanized or unfinished steel, galvalume or unfinished aluminum buildings (walls or roofs), unless the roadway facing the facade of the building is specifically intended to have a corrosive designed finish such as Cor-Ten steel or is finished with a material that is compliant with subsection B3 of this section.
         b.   Exposed, untextured, uncolored, unaugmented concrete.
   C.   Site Design/Orientation Requirements:
      1.   Buildings, structures, open space areas and other features shall be oriented to protect and/or enhance major vistas and panoramas that accentuate mountain vistas, and/or special man-made or natural landmarks.
      2.   On-site pedestrian walks shall be provided to connect street sidewalks to primary commercial and mixed-use building entries by the most direct route practicable. Multi-building developments shall minimize auto/pedestrian conflicts and maximize convenient pedestrian access between buildings.
      3.   Openings for vehicular uses, such as garage door bays used to access vehicles into and out of a building for repair or storage, must be located on facades that do not face the primary street.
   D.   Circulation Requirements:
      1.   Developments along ADOT controlled roadways shall complete a traffic study analysis, including access needs, traffic control needs, highway expansion needs, drainage management plan, and/or a cost sharing plan. ADOT approval will be required as part of the development plan approval process.
      2.   Access points along primary gateway roadways shall be placed and designed in accordance with ADOT and/or City requirements.
   E.   Properties With Frontage Along Primary Gateway Roadway Corridors: Development of new buildings or renovation of existing buildings within any Industrial Zoning District that is adjacent to Interstate 10, Frontier Street, State Route 87, Sunland Gin Road, Toltec Road and Sunshine Boulevard, and Battaglia Road, in the City of Eloy shall adhere to the following requirements:
      1.   Prohibited Uses: The following uses are prohibited within any Business Park (BP), Light Industrial (I-1) or Heavy Industrial (I-2) Zoning District that is located adjacent to the right-of-way of Interstate 10, Frontier Street, State Route 87, Sunland Gin Road, Toltec Road, and Sunshine Boulevard, and Battaglia Road:
         a.   Adult oriented businesses;
         b.   Auto wrecking and salvage yard;
         c.   Heavy rental, outdoor;
         d.   Waste facility, landfill;
         e.   Non-chartered financial institutions. (Ord. 18-880, 7-23-2018; Ord. 20-891, 1-27-2020)

21-2-5.6: ADDITIONAL DESIGN STANDARDS:

   A.   Parking And Loading Requirements: See section 21-4-1, "Off- Street Parking And Loading", of this chapter for additional development and design regulations.
   B.   Landscaping And Screening Requirements: See section 21-4-2 of this chapter for additional development and design regulations relating to fencing, screening and landscaping.
   C.   Signage Requirements: See section 21-4-3, "Signage", of this chapter for additional development and design regulations.
   D.   Outdoor Lighting Requirements: See section 21-4-5, "Outdoor Lighting", of this chapter for additional development and design regulations.
   E.   Additional References: Further reference, as appropriate, is provided in the City of Eloy, Building and Fire Codes, subdivision regulations, Floodplain Management Ordinance, and Engineering Design Standards. (Ord. 18-880, 7-23-2018)

21-2-6.1: GENERAL PURPOSE:

The purpose of the Open Space Zoning Districts is to identify lands that are to remain in their natural state, under agricultural production or developed to emulate a natural or designed state for passive and active recreational pursuits. The primary purpose of designating these areas is to raise the degree of assurance that designated open space for conservation and recreational areas will remain open in perpetuity, as well as to achieve the open space related goals and objectives of the Eloy General Plan. (Ord. 18-880, 7-23-2018)

21-2-6.2: OPEN SPACE DISTRICTS ENUMERATED:

   A.   Open Space Conservation District (OSC): The purpose of this Open Space Zoning District is to protect and conserve natural area and agricultural/farm/ranch lands in perpetuity. Such natural areas may include desert washes, hillsides, floodplains, wildlife habitat, and lands identified to be retained in their undeveloped state or designed open space state. Areas to be retained in their agricultural state contain high value farmland that the property owner agrees to maintain in perpetuity.
   B.   Open Space Recreation District (OSR): The purpose of this Open Space Zoning District is to provide for active and passive recreation uses that are to be integrated within the existing and future developed area of the City. Such active and passive recreation uses include, but not limited to, public and private parks, trail corridors, regraded and revegetated passive areas, joint use recreation-detention/retention drainage facilities, etc., as designated on a site plan, final plat or planned area development that will not contain any non-recreational structural improvements in perpetuity. (Ord. 18-880, 7-23-2018)

21-2-6.3: OPEN SPACE USE STANDARDS:

 
TABLE 2.6-1
TABLE OF ALLOWED USES FOR PARKS/OPEN SPACE DISTRICT
 
P = Permitted use
C = Conditional use
NP = Not permitted
 
Use Category And Specific Use Type
Parks/Open Space Zoning District
OSC
OSR
PF
Supplemental Use Regulations
Use Category And Specific Use Type
Parks/Open Space Zoning District
OSC
OSR
PF
Supplemental Use Regulations
Public and semi public use:
 
 
 
 
 
Arboretum or botanical garden
P
P
P
 
 
Archeological/historic sites
P
-
P
 
 
Campground
NP
P
NP
21-3-1.8
 
Cemetery
NP
C
C
 
 
Community playfields and parks
C
P
NP
 
 
Community recreation center
NP
P
P
 
 
Cultural facility
P
P
P
 
 
Fairgrounds
NP
P
C
 
 
Market garden
P
P
NP
 
 
Museum, cultural facility (public)
C
C
P
 
 
Natural area preserves, trails, and trailheads
P
P
NP
 
 
Non-profit/non-governmental organization
NP
NP
C
 
 
Public safety facility
C
P
P
 
 
Rodeo grounds
NP
P
C
 
 
Wireless facility (including tower and supporting facilities)
C
C
C
 
Agriculture use:
 
 
 
 
 
Agribusiness, entertainment farming
NP
C
NP
 
 
Agriculture, general
P
P
NP
 
Commercial use:
 
 
 
 
 
Golf course, unlighted
NP
P
C
 
 
Resort, cabins, lodges
C
C
NP
 
 
(Ord. 18-880, 7-23-2018)

21-2-6.4: OPEN SPACE DEVELOPMENT STANDARDS:

   A.   Following development standards identified in Table 2.6-2-6.4.B. of this section apply to all principal uses and structures in the Open Space District, except as otherwise expressly stated in this chapter. General exceptions to these regulations and rules to determine compliance are identified in section 21-6-9 of this chapter and section 21-2-1.3 of this article, respectively. Regulations governing accessory uses and structures are identified in section 21-3-2 of this chapter.
   B.   The provisions of Article IV. General Development Regulations shall apply to property zoned an Open Space District specified in Section 21-2-6.2.
Table 2.6-2-6.4.B.
Open Space District Development Standards
Zoning District
OSC
OSR
Table 2.6-2-6.4.B.
Open Space District Development Standards
Zoning District
OSC
OSR
Lot dimensions, minimum:
20 acres
5 acres
Setbacks, minimum:
 
 
 
Front
60'
60'
 
Side
30'
30'
 
Rear
60'
60'
Lot coverage, maximum
5%
5%
Building height, maximum
24'
24'
 
(Ord. 18-880, 7-23-2018; Ord. 24-981, 10-14-2024, eff 11-14-2024)

21-2-7.2: GENERAL PURPOSE:

The purpose of the Planned Area Development (PAD) Overlay Zoning District is to allow both the City and an applicant enhanced flexibility in the application of development standards in exchange for a more creative approach to land planning and building design that could not otherwise be achieved through strict adherence to the terms of this chapter. The intent is to encourage innovative design and to allow for a creative land use mix that will promote a high-quality development reflective of the unique character and setting of the City of Eloy, while achieving the following goals:
   A.   To encourage the City's development growth while enhancing the public health, safety, and general welfare;
   B.   To encourage innovations in residential, commercial, and industrial development to assist in expanding opportunities for diverse choices of housing, recreation, shopping and employment to Eloy residents, workers and visitors;
   C.   To reflect enhanced community sustainability and economic health in the design and construction of future development;
   D.   To encourage a more creative and compact approach in the utilization of land and resources in order to accomplish a more efficient, aesthetic, and sustainable development which may be characterized by special features of the geography, topography, size or shape of a particular property; and
   E.   To provide a compatible and stable developed environment, in harmony with the Sonoran Desert.
PADs may be approved pursuant to the procedure and approval criteria identified in section 21-6-6, "Amendments To Zoning Map (Rezone)", of this chapter. (Ord. 18-880, 7-23-2018)

21-2-7.3: APPLICABILITY:

   A.   The Planned Area Development District shall conform to the Eloy General Plan as adopted or amended from time to time, shall conform to all regulations pertaining to land development within this chapter and the subdivision regulations, and all other rules, regulations, specifications and standards set forth in all other applicable City codes, unless specific deviations are approved by the City Council during the PAD approval process.
   B.   The minimum land area for a PAD Overlay shall be forty (40) acres and shall be identified as one common ownership by the Pinal County Assessor. Waiver of the forty (40) acre minimum requirement may be recommended by the Community Development Director upon a finding that the waiver would be in the public interest and that one or more of the following conditions exist:
      1.   Unusual physical features of the subject property or of the surrounding area exhibit conditions/features that preclude the standard provisions of this chapter being achieved;
      2.   The property is adjacent to, or across the street or alley from, property which has been developed under the provisions of this section and will contribute to the character and successfully integrate with the existing development of the adjacent and proximate area;
      3.   The use of the PAD Overlay concept will encourage the use of otherwise undevelopable parcels surrounded or partially surrounded by developed property.
   C.   All PAD Overlay Zoning District projects shall provide a minimum of fifteen percent (15%) of the net subject property acreage as Open Space Conservation (OSC) and/or Open Space Recreation (OSR) regardless of the proposed development intensity and/or density. Not more than fifty percent (50%) of the required open space shall be attributed to golf course use or ancillary golf uses. The City Council may require the formation of a homeowners' association to assure that the City will not be responsible for the maintenance of part or all of the identified open space. (Ord. 18-880, 7-23-2018)

21-2-7.4: STANDARDS ELIGIBLE FOR MODIFICATION:

Unless otherwise expressly modified as part of the PAD approval process, PADs shall utilize the base (underlying) zoning districts and all applicable standards established in this chapter. The City Council is authorized to approve PADs that deviate from strict compliance with specified standards if they determine that the resulting development satisfies the approval criteria of section 21-2-7.5 of this section 21-2-7. The PAD standards may be more or less restrictive than those standards identified in this chapter. PAD zoning may be used to:
   A.   Define and condition land uses permitted within each district, including expanding or restricting uses permitted by right or by conditional use permit within a base zoning district. PAD zoning may specify the location of land uses and define standards for operation and performance of land uses.
   B.   Define development standards pertaining to the size, dimensions, height, lot coverage, placement, or setback of uses. However, the total number of dwelling units in a PAD Plan shall not exceed the maximum number permitted by the General Plan density for the total area of the PAD designated for residential and/or mixed-uses.
   C.   Specify the location, extent, and design standards for open space, landscaping, amenities, screening and buffers, and signage.
   D.   Specify the location and design of public/private streets, drives, parking, pedestrian, and bikeway circulation components.
   E.   Specify the timing, sequencing, and phasing of development, including coordinating the type, location, and intensity of development permitted with the construction and availability of public/private facilities and services.
   F.   Provide for the construction of public/private improvements and facilities onsite or within public easements and rights-of- way abutting the site as required to serve and benefit development within the PAD area or as may be required to mitigate impacts resulting from the development on other properties and uses adjacent to and/or proximate to the PAD area. (Ord. 18-880, 7-23-2018)

21-2-7.5: APPROVAL CRITERIA:

A PAD District may be approved only when the City Council determines that the proposed PAD would result in a greater benefit to the City as a whole than would development under conventional zoning district regulations and would not adversely affect the existing and/or future permissible uses of adjacent properties. Such greater benefit may include implementation of adopted planning policies/design standards, natural resource preservation/conservation, enhanced provision of utilities, urban design, neighborhood/community amenities or an overall level of increased development quality. (Ord. 18-880, 7-23-2018)

21-2-7.6: MANUFACTURED HOME OVERLAY DISTRICTS:

The purpose of the Manufactured Home Overlay Districts is to provide for overlay zones that will permit the placement, and regulate the permanent or periodic installation of, manufactured homes, tiny homes or recreational vehicles for occupancy as single-family residential dwellings on individual lots or within an approved land lease development. The intent of these provisions is to provide attainable, adequate and diversified housing opportunities within the City of Eloy while establishing and maintaining appropriate development standards.
There are four (4) Manufactured Home Overlay Districts: Manufactured Home Subdivisions, Manufactured Home Parks, Tiny House Parks and Recreational Vehicle Parks.
   A.   Manufactured Home Subdivision (MHS):
      1.   The purpose of this overlay district is to provide an alternative single-family living choice for those residents who choose a manufactured home and/or park model environment. Development in this district consists of subdivisions where residents own the lot upon which the home is situated. The development standards of this district are intended to be consistent with the standards for other single-family neighborhoods developed at similar densities. All public utilities and facilities must be present and adequate to serve the project.
      2.   A minimum of ten (10) acres shall be required to establish the Manufactured Home Overlay Zoning District for a manufactured home subdivision with individual lot sales.
   B.   Manufactured Home Park (MHP):
      1.   The purpose of this overlay district is to provide an alternative single-family living style for those families who choose a manufactured home and/or park model environment, but lease or rent the underlying space upon which their home is situated. The development standards of this district are intended to be consistent with the standards for other single-family neighborhoods developed at similar densities. All public utilities and facilities must be present and adequate to serve the project.
      2.   A minimum of fifteen (15) acres shall be required to establish the Manufactured Home Overlay Zoning District for a land lease (park model) development.
   C.   Tiny House Park (THP):
      1.   The purpose of this overlay district is to provide a housing product for those inhabitants who choose to reside in a smaller house. The park is expected to include amenities, services and facilities for its residents. All public utilities and facilities must be present and adequate to serve the project.
      2.   A minimum of one-quarter acre (10,800 square feet) shall be required to establish a Tiny House Park.
   D.   Recreational Vehicle Park (RVP):
      1.   The purpose of this overlay district is to provide a site with improvements and utilities for both short-term and long-term parking of recreational vehicles. The park is also expected to include amenities, services and facilities for its residents.
      2.   A minimum of fifteen (15) acres shall be required to establish the Recreational Vehicle Park Overlay Zoning District. (Ord. 18-880, 7-23-2018; Ord. 21-911, 7-26-2021)

21-2-7.7: GENERAL PROVISIONS:

   A.   The Manufactured Home Overlay Zoning District may be combined with any of the underlying Single-Family Residential Zoning Districts. The provisions of the underlying zoning district shall govern the density, area, building and yard regulations. Compliance with all other provisions of this chapter shall likewise be required.
   B.   Manufactured homes shall meet the current HUD Code standards, all regulations of the Arizona Department of Housing/Manufactured Housing Division, as well as compliance with all the provisions outlined in subsection 21-2-7.9A of this section 21-2-7. No manufactured home constructed prior to July 15, 1976, shall be allowed in the City of Eloy.
   C.   On the date of application for a building/installation permit to replace a manufactured home, the manufactured home to be placed shall have been constructed within ten (10) years subsequent to the construction of the existing manufactured home it will replace. If the manufactured home is to be placed on a space for the first time, it shall have been constructed no earlier than ten (10) years prior to the date of application. If a space has been vacant at least three hundred sixty five (365) consecutive days, the manufactured home shall lose all nonconforming status and shall be replaced with a manufactured home constructed no earlier than ten (10) years prior to the date of application.
   D.   Compliance with all other provisions of this chapter such as, but not limited to, the general provisions, parking regulations, signage, and outdoor lighting, shall be required.
   E.   The exterior building facade, including trim, doors, windows, roof fascias and the like, shall consist of wood, stucco, horizontal siding, brick, masonry veneer, or other similar building material commonly used in site-built residential construction; provided, however, that metal siding, other than aluminum lap siding, shall be prohibited. Patio covers and detached storage buildings shall be exempt from this requirement.
   F.   All manufactured homes placed in a subdivision or on a single tract of land shall be set upon a permanent foundation or footing for the purpose of a permanent installation. Such installation shall render the dwelling no more portable than if it were constructed on site.
   G.   All manufactured homes placed in a manufactured home park shall utilize a finished building material to surround the entire perimeter of the dwelling and completely enclose the space between the exterior facade of the dwelling and the ground (skirting). Such foundation siding shall be properly vented, harmonious, and compatible with the dwelling.
   H.   Any device used to transport a manufactured home to the site of installation, including the hitch, wheels, axles, or other devices used primarily for transport other than a chassis, shall be detached from the dwelling as part of the installation procedure on the subject lot in any zoning district.
   I.   This section shall not prohibit the continued occupancy of a manufactured home located and occupied as a private residence within the City at the time of adoption of this section which may not be located within a Manufactured Home Overlay District or which may not be in compliance with the design standards of section 21-2-7.8 of this section 21-2-7. Any existing manufactured home that is not in compliance with the design standards of section 21-2-7.8 of this section 21-2-7 at the time of the effective date hereof shall be brought into compliance with said design standards, as additions or alterations to the structure are requested. Any existing manufactured home, even if it is not located within a Manufactured Home Overlay District, may be replaced in its entirety only with a manufactured home that is in compliance with all of the design standards of section 21-2-7.8 of this section 21-2-7 and other provisions of this section. (Ord. 18-880, 7-23-2018)

21-2-7.8: MANUFACTURED HOME DEVELOPMENT STANDARDS:

   A.   The development standards identified in Table 21-2-7.8.B. of this section apply to all principal uses and structures in Manufactured Home Districts, except as otherwise expressly stated in this chapter. Where there is a conflict between the development standards of the overlay zone and the underlying district, the development standard of the overlay zone shall apply. General exceptions to these regulations and rules for measuring compliance are identified in section 21-6-9 of this chapter and section 21-2-1.3 of this article respectively. Regulations governing accessory uses and structures are identified in section 21-3-2 of this chapter.
   B.   The provisions of Article IV. General Development Regulations shall apply to property zoned a Manufactured Home Overlay District specified in Section 21-2-7.6.
Table 21-2-7.8.B.
Manufactured Home Development Standards
Manufactured
Home Residential
Spaces/
Gross Acre
Minimum Site Net Acre Size
Lot Width1
Front
Setback
Side
Setback
Side
Setback
(Street)
Rear
Setback
Lot
Coverage ,
Maximum
Building
Height,
Maximum
Minimum Lot/Space Size
Minimum Number of Spaces
Table 21-2-7.8.B.
Manufactured Home Development Standards
Manufactured
Home Residential
Spaces/
Gross Acre
Minimum Site Net Acre Size
Lot Width1
Front
Setback
Side
Setback
Side
Setback
(Street)
Rear
Setback
Lot
Coverage ,
Maximum
Building
Height,
Maximum
Minimum Lot/Space Size
Minimum Number of Spaces
Manufactured home subdivision standards
10
3 acre site
40'
15' 2,3
5' 4
10'
10'
45%
30'
5,000 sq. ft. per lot
MHP:
Manufactured Home Park (MHP)
10
3 acre site
40'
15' 2,3
5' 4
10'
10'
50% (space)
30'
3,000 sq. ft. per space
Recreational Vehicle Park (RVP)
18
2 acre site
28'
10'
5'
5'
5'
-
20'
1,200 sq. ft. per space
Tiny House Park (THP)
10
10,800 sq. ft.
-
10'
10'
10'
10'
50%
35'
5 spaces
 
Notes:
   1.    Lot width is measured at front setback.
   2.    Front setback shall be fifteen (15) feet for side entry garages and/or covered front porch.
   3.    Front setback shall be twenty (20) feet for front entry garages and carports.
   4.    For all corner lots adjacent to a public right-of-way, the minimum street side yard setback shall be ten (10) feet, as determined based on the provisions of the Eloy City Code, Chapter 5, Buildings.
(Ord. 18-880, 7-23-2018; Ord. 21-911, 7-26-2021; Res. 1601, 10-14-2024)

21-2-7.9: MANUFACTURED HOME PARK DESIGN GUIDELINES:

   A.   These guidelines apply to manufactured home parks. The development or construction of any factory-built or manufactured home park shall comply with the following minimum criteria:
      1.   The minimum distance between manufactured homes or attached/detached accessory structures in the same manufactured home parks shall be ten feet (10'). Manufactured homes or attached/detached accessory structure may not be closer than ten feet (10') to the exterior boundary or five feet (5') to individual space lines of the park.
      2.   There shall be a minimum distance of ten feet (10') between the front of the manufactured home and any private street or private sidewalk, including tongue and 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 manufactured home 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 manufactured home space.
      6.   One (1) 9-foot by 20-foot visitor parking space shall be required for each eight (8) manufactured home spaces. Common lots spaced equidistant throughout the park may be employed to provide off-street parking. One (1) 12-foot by 30-foot RV parking space shall be required for four (4) manufactured home 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 manufactured home park shall be made as required by the City of Eloy Engineer.
      9.   All interior drives or roadways within the mobile home 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 manufactured home park shall provide fire protection facilities as set forth in the International Fire Code.
      12.   The manufactured home park shall be permanently screened from adjacent properties by a decorative solid wall, six feet (6') in height.
      13.   One manufactured home shall be permitted on each approved space. No recreational vehicles or dwelling units of conventional construction shall be permitted on a manufactured home space for living purposes except for that of the owner, manager, or permanent maintenance personnel.
      14.   Access to all manufactured home spaces shall be from the interior of the park. There shall be no individual access to any manufactured home space from a public street.
      15.   Manufactured home parks with more than one hundred (100) lots shall have a minimum of two (2) separate access entry drives connecting the park to public streets. 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. 18-880, 7-23-2018)

21-2-7.10: RECREATIONAL VEHICLE PARK DEVELOPMENT GUIDELINES:

   A.   These guidelines apply to recreational vehicle (RV) parks. The installation or development of any recreational vehicle park, shall comply with the following minimum criteria:
      1.   All RV parks shall be designed in accordance with the provisions of this chapter and administered through the conditional use permit and site plan review process.
      2.   One RV shall be permitted on each approved space. No manufactured homes or dwelling units of conventional construction shall be permitted on an RV space or within the RV park for living purposes except for that of the owner, manager, or permanent maintenance personnel.
      3.   Each designated space shall have an asphalt or concrete pad a minimum sixteen feet (16') in width by forty five feet (45') in length, centered on the space for the parking of the RV. RV parking shall occur on an improved, compacted, dust free surface or an acceptable equivalent, as approved by the Community Development Director.
      4.   A recreation or common area shall be provided at a ratio of one hundred (100) square feet of recreation or common area for each space. All common areas shall adhere to the provisions outlined in section 21-4-2 of this chapter, landscaping.
      5.   One (1) 9-foot by 20-foot visitor parking space shall be required for each eight (8) RV spaces. Common areas spaced equidistant throughout the park may be employed to provide off- street parking.
      6.   The minimum distance between RVs, or detached accessory structures in the same RV park shall be ten feet (10').
      7.   Minimum distances or setbacks shall be the shortest horizontal dimensions measured from the nearest portion of the sidewall of an RV including pull-outs, tip-outs, or portable affixed awnings.
      8.   All interior drives or roadways within the RV park shall be paved private streets 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 edge of pavement to 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 ABC, or its equivalent.
      9.   Street improvements for any public roads located along the park's perimeter/accessing the RV park shall be made as required by the City of Eloy Engineer.
      10.   There shall be a minimum distance of five feet (5') between the front of the RV and any private street or sidewalk, including any attached projections.
      11.   The RV park shall be permanently screened from adjacent properties or public rights-of-way by a solid wall, six feet (6') in height.
      12.   Any part of the RV park fronting on a public street shall meet the setback requirements of the zoning district in which it is located as well as the screening and landscaping requirements as outlined in section 21-4-2 of this chapter.
      13.   Access to all RV spaces shall be from the interior of the park. There shall be no individual access to any RV space from a public street.
      14.   RV parks with more than fifty (50) spaces shall have a minimum of two (2) separate access entry drives connecting the park to public streets. Access to the development shall not be through a residential area to reach an arterial or collector roadway.
      15.   Each RV park must provide an adequate and easily identifiable office or registration area. The location of the office shall not interfere with the normal flow of traffic into and out of the RV park.
      16.   Recreational amenities or social centers, which may be used for crafts, hobbies, games, meetings, banquets and similar recreational uses shall be of conventional site-built construction.
      17.   Service buildings with toilet, bathing and other sanitation facilities and utilities shall be provided.
      18.   Each space shall have potable water, sewer and electrical hook-ups as required by the City of Eloy.
      19.   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.
      20.   All utilities shall be placed underground. The placement of utilities will be up to the developer. However, all utility services shall meet all requirements specified by the City of Eloy, as well as the respective utility companies.
      21.   All lighting shall be in conformance with section 21-4-5 of this chapter.
      22.   Each RV park shall provide fire protection facilities as set forth in the International Fire Code.
      23.   Designated areas for boat and recreational vehicle storage within the park shall be provided for the sole use of the residents of the park.
      24.   RV spaces or units will not be available for individual sale.
      25.   All refuse collection areas shall be completely enclosed via a solid six foot (6') wall or fence and view obstructing gate and located on a concrete surface. Refuse collection areas shall be readily accessible to collection vehicles, without substantially encumbering adjacent parking and vehicular access. If the refuse collection area can be seen from the exterior of the park, the enclosure should be softened with landscaping on its most visible sides.
      26.   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 adjacent to private streets, drives or in common open space. The system shall be designed to link RV spaces with recreation facilities and existing sidewalks in the surrounding neighborhood. Internal pedestrian ways may take the form of sidewalks or walking paths. (Ord. 18-880, 7-23-2018)

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)

21-2-7.13: 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)

21-2-7.19: 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)

21-2-7.20: APPLICABILITY:

   A.   The Downtown Core Overlay (DCO) provides alternative development standards applying to properties which, as a result of existing lot dimensions and/or permitted uses, may benefit from regulatory flexibility for preservation, revitalization, redevelopment and other property improvements.
   B.   The Downtown Core Overlay (DCO) is identified and described in the Eloy General Plan and in the City’s Official Zoning Map graphic approved by the Eloy City Council in July 23, 2018, or such subsequent map adopted through a general plan amendment.
   C.   The owner of any recorded lot within the Downtown Core (DCO) that does not meet current dimension criteria, may apply for building permits subject to the overlay provision(s) pertaining to the specific substandard condition(s) of the property.
   D.   Notwithstanding DCO criteria, development on any parcel within the district may be constructed or improved in accord with the provisions of the underlying district.
   E.   Site plan review, in accord with section 21-6-11 of this chapter, shall be required for all development and construction within the Downtown Core Overlay (DCO) District. Uses permitted in the underlying base zoning district and conforming with such district’s density, area, building, yard and other applicable regulations and uses utilizing the Downtown Core Overlay (DCO) District flexibility criteria are subject to administrative site plan review and approval, except that structures or sites specifically designated as having special architectural or historical significance by the National Historic Register, the Frontier Street Historic Resource Survey or other recognized authority shall be considered by the Planning and Zoning Commission and City Council.
   F.   Exceptions to the regulations of sections 21-1-6.2 and 21-1-6.3 of this chapter, “nonconforming uses”, are contemplated by the Downtown Core Overlay (DCO) District intent to allow and encourage revitalization of nonconforming lots and structures.
      1.   Optimal density, area, building and yard regulations may be proposed to foster improved utilization of nonconforming properties.
      2.   Upon site plan review, the Community Development Director may approve combinations of uses and adjustments to development criteria provided in this Downtown Core Overlay (DCO) District which contribute to the General Plan’s revitalization and redevelopment goals, objectives and policies.
      3.   Residential development rights, to which a property owner is entitled but cannot or chooses not to exercise, may be certified by the Zoning Administrator for transfer and utilization on another site, in accord with section 21-1-6.5 of this chapter. (Ord. 18-880, 7-23-2018)

21-2-7.21: PERMITTED USES:

   A.   The land uses permitted within the Downtown Core (DCO) Overlay Zoning District shall be those designated in table 2.7-3 of this section:
      TABLE 2.7-3
      DOWNTOWN CORE OVERLAY ALLOWED USES
 
Those uses permitted by right in the underlying districts
Yes
Mixed-use adding residential to commercial
Yes
Mixed-use adding commercial, subject to Zoning Administrator approval
Yes
Transfer residential development rights in sector
Yes
Transfer residential development rights outside of sector
Yes
 
   B.   The following accessory uses or improvements may be permitted subject to Community Development Director approval:
      1.   Public or private open space, pathways.
      2.   Amenities for pedestrians or cyclists such as benches, bike racks.
      3.   Outdoor dining for customers or employees. (Ord. 18-880, 7-23-2018; Ord. 20-891, 1-27-2020)

21-2-7.22: DOWNTOWN CORE OVERLAY DEVELOPMENT STANDARDS:

   A.   The development standards identified in Table 21-2-7.22.B. of this section apply to all principal uses and structures in Downtown Core District Overlay (DCO), except as otherwise expressly stated in this chapter. Where there is a conflict between the development standards of the overlay zone and the underlying district, the development standard of the overlay zone shall apply.
   B.   The provisions of Article IV. General Development Regulations shall apply to property zoned a Downtown Core District Overlay (DCO).
Table 21-2-7.8.B.
Downtown Core District Overlay Standards
Use
Minimum Lot Area
Area/DU
Lot Width
Building Height
Minimum Setback
Lot Coverage
Front
Side
Street Side
Rear
Table 21-2-7.8.B.
Downtown Core District Overlay Standards
Use
Minimum Lot Area
Area/DU
Lot Width
Building Height
Minimum Setback
Lot Coverage
Front
Side
Street Side
Rear
Single- Family Detached Dwelling 1
5,000 sq. ft.
5,000 sq. ft.
50'
35'
20'
5'
10'
20'
50%
Duplex1
5,000 sq. ft.
2,500 sq. ft.
25'
35'
20'
5'
10'
20'
50%
Single- Family Attached Dwelling 1
2,500 sq. ft.
2,500 sq. ft.
25'
36'
20'
0'3
10'
20'
50%
Multiple Family Dwelling 1
5,000 sq. ft.
2,000 sq. ft.
50'
42'
15'
5'
15'
20'
50%
Non- residenti al Uses and Mixed Use1
5,000 sq. ft.
2,500 sq. ft.
50'
42'
20'
0'4
10'
20'
50% two- story; 60% one-story
Zero Lot Line Non- residenti al uses1,2 and mixed use1, 2, 5
2,500 sq. ft.
2,500 sq. ft.
25'
42'
0'
0'4
10'
20'
50% two- story; 60% one-story
 
      1.   No lot or parcel may be subdivided, split or otherwise revised to have lower area or dimension than allowed in this table to qualify for overlay flexibility.
      2.   Zero lot line standards.
            a.   Zero lot line design approaches may be acceptable, upon:
            i.   Compliance with the Building and Fire Code requirements.
               ii.   Abutting development that is constructed with a zero setback from the same property line, or the property owner obtains a five (5) foot wide private use and maintenance easement from the property owner of the abutting lot of zero setback property line.
            b.   Street side yard setbacks shall not impede the traffic visibility triangle as determined by the City Engineer pursuant to section 21-4-2.11 of this chapter.
            c.   To accommodate Multi-family, duplex and single-family attached dwelling developments, lots and parcel may combine parcels for zero lot line development. Minimum setbacks required on end units, to be determined during site plan review.
            d.   All development approvals are contingent upon providing adequate parking, as determined by the Community Development Director, which may include parking under upper floors, alley access parking, joint/shared use and stacked parking
            e.    Access to parking shall not be provide through the front yard of a lot or parcel less that fifty (50) feet in width.
      3.   A five (5) foot side setback shall be provided on the end lot abutting an interior side property line. The end lot contains the last unit on either end of a roll of consecutive attached units on individual lots.
      4.   A minimum ten (10) foot interior side setback shall be provided abutting a subdivision tract that is less than ten (10) feet wide where the tract abuts a right-of-way or private street tract. A five (5) foot interior side setback is allowed abutting a subdivision tract that is ten (10) feet wide or greater where the tract abuts a right-of-way or private street tract. The subdivision tract shall be owned by the homeowner association.
      5.   Non-residential and residential area of a mixed use development shall be horizontally or vertically integrated on the same lot. For each one (1) gross square foot of commercial floor, three (3) gross square feet of residential floor area (including the gross floor area of interior amenities and common area) is allowed.
(Ord. 18-880, 7-23-2018; Res. 1601, 10-14-2024)

21-2-7.24: GENERAL PURPOSE:

   A.   The purpose of the Historic Preservation Overlay (HP) zone is to assist in implementing the General Plan for the recognition, preservation, and enhancement of landscape features, objects, structures, and sites that represent distinctive events, and elements of cultural, political, architectural, and archaeological significance (hereafter "Resources") that have historic and heritage significance within the City. Furthermore, the HP zone is intended to encourage the economic reuse of resources when appropriate, promote cultural awareness through the recognition and preservation of the Resources, and provide for the education and general welfare of the public.
(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

21-2-7.25: CRITERIA TO REZONE TO THE HISTORIC PRESERVATION OVERLAY (HP):

   A.   In addition to the Issues for Consideration criteria for a Zoning Map Amendment of Article VI of this Chapter, to be eligible to be zoned with the Historic Preservation Overlay:
      1.   The City Council shall first find that the property(ies) identified in the application meets the criteria to be designated a Landmark or Historic District as specified in this Chapter; and
      2.   The Resources on the property occurred at least fifty (50) years ago; younger properties may be eligible when a significant event or improvement has occurred on the property that complies with the National Register Criteria for Evaluation.
(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

21-2-7.26: CRITERIA FOR LANDMARKS OR HISTORIC DISTRICTS:

   A.   Landmarks:
      1.   The City Council may designate a Resource(s) as a Landmark that complies with the following criteria:
         a.   The Resource possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation;
         b.   The Resource is identified with historic personages or events;
         c.   The Resource embodies the distinguishing characteristics of an architectural style;
         d.   The Resource is the work of a designer whose work has significantly influenced an age; or
         e.   Because of a Resources unique location or singular physical characteristic, represents an established and familiar visual feature of the community.
   B.   Historic District:
      1.   The City Council may designate several properties as a Historic District that complies with the following criteria:
         a.   Contains several properties which meet one or more of the criteria for designation of a landmark;
         b.   By reason of possessing such qualities, it constitutes a district section of the City; and
         c.   The majority of owner(s) of the properties concur with the designation.
(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

21-2-7.27: NOTIFICATION REQUIREMENTS FOR CITY INITIATED APPLICATIONS:

   A.   The Community Development Director shall notify the property owner(s) by registered mail of an application initiated by the City Council, Planning and Zoning Commission, or the Zoning Administrator within fifteen (15) days of the application submittal to zone the property with the HP overlay.
(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

21-2-7.28: STAY OF BUILDING PERMITS:

   A.   The Building Official shall not issue any building permits, and no construction or demolition activity shall occur unless allowed by the Building Official for emergency purposes, on a property that the City Council or Planning and Zoning Commission has initiated an application, or that application has been submitted to rezone the property to the HP overlay. The stay of the building permit and construction or demolition activity shall remain in place until the City Council has made a decision on the application, the application has been withdrawn, or one (1) year has passed since the City Council or Planning and Zoning Commission initiated the application.
   B.    By a majority vote of those present, the City Council may extend the stay of the building permits, and construction and demolition activity on the property of an application for a period not to exceed four (4) months from the stay's expiration date. The stay of the building permits, and construction and demolition activity for an application on a property may be extended no more than twice.
(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

21-2-7.29: USE STANDARDS:

   A.   The applicable underlying zoning district's use regulations shall apply to the HP Overlay, except that the City Council may approve additional land uses included as part of the Landmark's Historic Preservation Plan. To approve additional land uses, the City Council shall find that the proposed land use(s) are necessary to:
      1.   Maintain the integrity of the Landmark's purpose for which it received its designation;
      2.    Maintain the economic vitality of the Landmark; and
      3.    Promote the general welfare of the public.
   B.   The City Council may impose requirements on additional land uses.
(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

21-2-7.30: DEVELOPMENT STANDARDS AND MODIFICATIONS:

   A.   The applicable underlying zoning district's development standards shall apply to the HP Overlay, except that the City Council may approve modifications to the development standards as part of the Landmark's or Historic District's Preservation Plan. To approve modifications to the development standards, the City Council shall find that the proposed modifications are necessary to:
      1.   Maintain the integrity of the Landmark on the property for which it received its designation:
      2.   Maintain the integrity of the properties of the Historic District for which it received its designation:
      3.   Maintain the economic vitality of the Landmark or Historic District; and
      4.   Allow the Landmark or Historic District to maintain conformance with the Historic Preservation Plan.
   B.   If there is a conflict between the development standards of the Historic Preservation Plan and the development standards of the underlying district, the development standards of the Preservation Plan shall control.
(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

21-2-7.31: HISTORIC PRESERVATION PLAN:

   A.   All Zoning Map Amendment applications to zone property with the HP Overlay zone shall include a Historic Preservation Plan that is to be approved by the City Council as part of the application to zone property to the HP Overlay. The Historic Preservation Plan is to include a comprehensive set of documents for the proposed Landmark or Historic District that involves compiling information about the Resource(s), which may include information about the archaeological assets, building(s), historical events, improvement, sites, structures, etc. The Historic Preservation Plan typically includes such information as Historic Structure Reports, Conditions Assessment Reports, archaeological surveys, and technical analyses. Furthermore, the Plan is essential for addressing present conditions, providing an action plan for the future use and preservation of the Resource(s) and implementing the plan recommendations. All Historic Preservation Plan shall include a set of guidelines for additions, modifications, repairs, rehabilitation, and restoration of the resource. In addition, the Historic Preservation Plan shall include modifications to the land use and development standards that are necessary to maintain and preserve the integrity and economic vitality of the Resource(s). For additional information and submittal requirements, refer to the Historic Preservation Plan Submittal Guide and Zoning Map Amendment Application checklist available from the Community Development Department.
   B.   Modification to a Historic Preservation Plan: A modification to the land use, development standards, and design standards of a Historic Preservation Plan shall be processed with a Zoning Map Amendment and receive the approval of the City Council.
(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

21-2-7.32: CERTIFICATE OF APPROPRIATENESS OR CERTIFICATE OF NO EFFECT, WHEN REQUIRED:

   A.   Ordinary maintenance or repair of any structure or site improvement zoned with the HP Overlay that does not alter or modify the historic character of the structure or property does not require the approval Certificate of No Effect or a Certificate of Appropriateness.
   B.   No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, move of a Landmark or structures in a Historic District, or make modifications of any material change to the appearance of property, including its light fixtures, signs, sidewalks, fences, steps, paving, roof, or other exterior elements visible from a public street or alley which affect the appearance and cohesiveness of the Landmark or Historic District, without first obtaining a Certificate of No Effect from the Community Development Director or Certificate of Appropriateness from the Planning and Zoning Commission.
   C.   An application for a Certificate of Appropriateness or Certificate of No Effect shall be submitted and decided upon in accordance with the provisions and procedures of Article VI. Zoning Procedures of this Chapter.
(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

21-2-7.33: CERTIFICATE FOR ECONOMIC HARDSHIP:

   A.   A property owner may submit a Certificate of Economic Hardship when:
      1.   The Certificate of Appropriateness for a proposed alteration has been denied; or
      2.    The Landmark or contributing property in a Historic District is damaged or destroyed by fire, flood, or similar abnormal and identifiable event.
   B.   An application for a Certificate for Economic Hardship shall be submitted and decided upon in accordance with the provisions and procedures of Article VI. Zoning Procedures of this Chapter.
(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

21-2-7.34: MAINTENANCE AND REPAIR REQUIRED:

   A.   Maintenance and upkeep of Resources and properties of a Historic District is required.
   B.   Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a Landmark or property within a Historic District, which does not involve a change in design, material, color or outward appearance.
   C.   No owner or person with an interest in real property designated as a Landmark or included within a Historic District shall allow the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Planning and Zoning Commission, produce a detrimental effect upon the character of the Landmark or Historic District as a whole or the life and character of the property itself.
   D.   Examples of such deterioration include:
      1.   Deterioration of exterior walls or other vertical supports;
      2.   Deterioration of roofs or other horizontal members;
      3.   Deterioration of exterior chimneys;
      4.   Deterioration or crumbling of exterior stucco or mortar;
      5.   Ineffective waterproofing of exterior walls, roofs or foundation, including broken windows or doors; and
      6.   Deterioration of any feature so as to create a hazardous condition, which could lead to the claim that demolition is necessary for public safety.
(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

21-2-7.35: VIOLATION; PENALTY:

   A.   Any person found guilty of violating any provision of this chapter shall be guilty of a misdemeanor and shall be punished in accordance with Section 1-8 of the Eloy Code.
   B.   Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this chapter shall be required to restore the property and its site to their appearance prior to the violation. The City Attorney shall bring any action to enforce HP Overlay. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty.
(Ord. 24-979, 10-14-2024, eff. 3-1-2025)