A vibrant, self-sustaining community needs a mixture of land use activities to satisfy the needs of its residents. Largely due to their specific and/or unique operational characteristics, a number of land uses warrant additional standards to mitigate their potential adverse impacts on adjacent properties.

It is the intent of this article to identify those land uses and to provide specific criterion and conditions to ensure that, if permitted, these land uses will not detract from the health, safety, and general welfare of the City. The criterion and conditions specified herein are in addition to those specified in the underlying zoning district. In the event of conflict between these standards and the underlying zoning district standards, the provisions of this article shall apply. (Ord. 18-880, 7-23-2018)

In addition to the requirements of section 21-6-7, "Conditional Use Permit", of this chapter, no conditional use permit shall be issued for an adult entertainment business, which shall be allowed in the Light Industrial (I-1) Zone, unless it meets the following additional conditions:

   A.   The adult entertainment business is located no closer than one thousand two hundred feet (1,200') from the exterior boundaries of any Residential Zoning District or existing residential use.

   B.   The adult entertainment business is located no closer than one thousand two hundred feet (1,200') from the exterior property lines of any public or private school having a pre-school or kindergarten curriculum or any school with one or more of grades 1 through 12.

   C.   The adult entertainment business is located no closer than one thousand two hundred feet (1,200') from the exterior boundaries of any public or private park, playground or recreation open space area.

   D.   The adult entertainment business is located no closer than one thousand two hundred feet (1,200') from any place of religious assembly or non-commercial establishment owned or operated by a bona fide religious organization.

   E.   The adult entertainment business is located no closer than two thousand feet (2,000') from any other adult entertainment business.

   F.   The adult entertainment business displays no sign visible from the exterior of the business except for a sign identifying the business as an adult entertainment business.

   G.   The adult entertainment business excludes from its premises persons less than eighteen (18) years of age.

   H.   No materials depicting specified sexual activities or specified anatomical areas shall be visible from the exterior of the adult entertainment business.

   I.   All distances specified in this section shall be measured in a straight line, without regard to intervening structures or objects, from the property line of any adult entertainment business to the nearest property line of any other adult entertainment business, school, church, public facility, Residential District or other land use specified in this section. (Ord. 18-880, 7-23-2018)

   A.   Farms/farming activities and ranch/ranching activities but not including: commercial ranches; dairies; CAFOs; swine, ratites or poultry farms. Farm and ranch uses shall be in compliance with the following standards:

      1.   There shall be an open space buffer area, not less than sixty feet (60') in width, between agricultural crop production fields and any adjacent Residentially zoned land or existing residential land uses if the agricultural crop requires the application of pesticides either mechanically sprayed or by aerial application.

      2.   Raising, breeding, training and feeding of agricultural animals provided there are no more than four (4) animal units (AU) per acre with a total of no more than two hundred fifty (250) animals under any circumstance.

      3.   Animals must be contained and the containment must be within the buildable area of the lot, and not within the required setbacks.

      4.   Ranch uses may include the following equine activities: boarding, breeding, training, and the sale of animals owned by the rancher.

      5.   Ranch uses do not include: liveries; the retail sale of hay, feed or tack; or equine activities open to the general public.

      6.   A specific plan for the physical containment and location of manure storage and/or disposal, which minimizes odor and fly impacts on adjacent lots or parcels, must be provided and approved by the City. The spreading and tilling of manure into the soil of the paddock, pasture or arena areas may be considered manure disposal.

      7.   A specific program for fly control in barn and stable areas, which minimizes the attraction and breeding of flies, must be provided and approved by the City.

      8.   All activity and pasture areas shall be grassed, irrigated or treated with regularly tilled organic soil mix for dust suppression.

      9.   All feeding areas and the structures used to house or cover the animals shall conform to the yard setback regulations of the individual Residential Zoning District in which the structure is located. (Ord. 18-880, 7-23-2018)

   A.   No animals under care may be boarded outside, except for facilities located in the General Industrial (I-2) District. Those areas in which animals are boarded shall be fully enclosed structures and shall be sufficiently insulated so no unreasonable noise or odor can be detected off the premises.

   B.   All boarded animals shall be kept within a totally enclosed part of a structure between the hours of nine o'clock (9:00) P.M. and six o'clock (6:00) A.M. except with direct supervision associated with non-exercise or training related activities. All outside exercise or training of animals shall be prohibited during these hours. The provisions of this paragraph shall not apply to facilities located in the General Industrial (I-2) District.

   C.   Outdoor dog runs, exercise, or training activity areas shall not be located within two hundred feet (200') from a Residentially zoned property or existing residential use.

   D.   Outdoor dog runs and exercise areas shall be enclosed by a minimum six foot (6') fence.

   E.   Suitable control and maintenance shall be exercised over the use, structure or animals so that a nuisance condition is not created in terms of excessive noise, dirt, or odor.

   F.   In association with a required conditional use permit approval process, the City may establish other conditions and requirements necessary to prevent possible nuisances (i.e., location and/or size of activity areas, fencing height and/or material, screening, sound-proofing, sanitary requirements, or limits on the number of animals that are serviced or boarded).

   G.   Special events such as shows, exhibitions, and contests shall only be permitted when a temporary use permit has been secured. (Ord. 18-880, 7-23-2018)

   A.   All facilities shall comply with all applicable Federal, State and local requirements for the location and operation of such facilities and the provision of safe outdoor recreation areas and gross floor areas for every person that the facility is licensed to accommodate.

   B.   The facility shall have direct vehicular access from an arterial or collector street.

   C.   Notwithstanding the foregoing, if the State has adopted laws or rules for the regulation of an assisted living center, then any such State law or rule shall apply in addition to the conditions listed herein and shall preempt any conflicting condition listed herein. (Ord. 18-880, 7-23-2018)

   A.   All major repair facilities shall be subject to the site plan review and/or CUP process. In addition to standard site plan information, the applicant shall provide a plan which shows an ability to control on-site and prevent off-site nuisance conditions such as noise, dust, odors, vectors and wind-blown debris.

   B.   Accessory uses may include assembly and repair buildings, machine shops, paint facilities, fueling and supply facilities, parking areas, automobile/boat lifts and incidental retail sales associated with the principal uses.

   C.   A use may combine major repair with automobile/boat sales, outside storage or service stations only if these uses are permitted or conditionally permitted and approved in that zoning district. If combined with said uses, major repair facilities shall also comply with the provisions of section 21-3-1.30, "Outdoor Storage Facilities", and/or 21-3-1.37, "Service Station", of this section 21-3-1.

   D.   Major repair facilities shall be located with direct access to paved roadways that are suitable in size to allow for the efficient delivery of automobile and boats for repair. The paved roadway requirement of this paragraph shall not apply to major repair facilities located in the General Industrial (I-2) District.

   E.   Outdoor repair areas shall be paved in compliance with City standards. The provisions of this paragraph shall not apply to major repair facilities located in the General Industrial (I-2) District.

   F.   Major repair facilities must be fully screened from view by a one hundred percent (100%) opaque fence or engineered concrete/masonry block wall that is no less than six feet (6'), but no more than eight feet (8') in height.

   G.   As part of any conditional use permit process within the General Commercial (C-2) or Business Park (BP) District, a landscaped screen of plantings will be required in combination with a required fence or wall to further buffer and/or shield repair activities from public view or adjacent Residential Districts. See section 21-4-2 of this chapter for additional screening regulations. The provisions of this paragraph shall not apply to major repair facilities located in the General Industrial (I-2) District.

   H.   No temporary or long-term repair parking, outdoor repair activities, or outdoor supply/material storage that exceed the height of the screen wall may occur within the required setback areas of the zoning district in which the major repair facility is located. The provisions of this paragraph shall not apply to major repair facilities located in the General Industrial (I-2) District.

   I.   Outdoor repair related activities shall be limited to six o'clock (6:00) A.M. to nine o'clock (9:00) P.M. within the General Industrial (I-2) District, unless modified through the CUP process.

   J.   No pending, under repair, or repaired automobile/boat shall be utilized for overnight sleeping or as living accommodations.

   K.   All exterior lighting shall comply with the lighting standards provided within section 21-4-5 of this chapter.

   L.   Any lawful major repair facility in existence as of July 23, 2018, that could not be permitted or rebuilt thereafter because of zoning district requirements shall be considered a permitted use and, accordingly, shall not be subject to this section, unless the facility is proposed to be expanded beyond the building or facility use footprint, whichever is greater, that existed as of July 23, 2018. If the building or facility use footprint exceeds the allowed threshold or if the intensity of uses increases beyond that which existed as of July 23, 2018, the major repair facility shall be required to be brought into compliance with all current, applicable Zoning Ordinance provisions.

   M.   A use may combine a minor repair facility with a service station only if the uses are permitted or conditionally permitted and approved in that zoning district. If combined with said uses, minor repair facilities shall additionally comply with the provisions of section 21-3-1.37, "Service Station", of this section 21-3-1.

   N.   Service bay doors for minor repair facilities may not face designated gateway roadways, or residential neighborhoods.

   O.   Any lawful minor repair facility in existence as of July 23, 2018, that could not be permitted or rebuilt thereafter because of zoning district requirements shall be considered a permitted use and, accordingly, shall not be subject to this section and/or shall not be required to obtain conditional approval, unless the facility is proposed to be expanded beyond the building or facility use footprint, whichever is greater, that existed as of July 23, 2018. If the building or facility use footprint exceeds the allowed threshold or if the intensity of uses increases beyond that which existed as of July 23, 2018, the minor repair facility shall be required to be brought into compliance with all current, applicable Zoning Ordinance provisions. (Ord. 18-880, 7-23-2018)

   A.   CAFOs and poultry or ratite farms, but not including swine; provided, that they have a minimum of six hundred forty (640) acres and only after it has been found to be in compliance with the following standards:

      1.   There shall be no more than one animal unit (AU) per acre with a total of no more than one thousand (1,000) animal units (AU) per facility at any given time under any circumstance. Poultry facilities shall not be permitted to maintain more than two hundred (200) AU of poultry (10,000 chickens) per facility at any time under any circumstance.

      2.   All animals must be confined to pens, coops, buildings and enclosures that are not closer than two hundred feet (200') to any property line, street, highway or Residence District; other than open pasture.

      3.   A specific plan for the physical containment and location of animal waste and/or disposal, which minimizes odor and fly impacts on adjacent lots or parcels, must be provided and approved by the City.

      4.   Agricultural composting may not be conducted within one thousand three hundred twenty feet (1,320') of an existing residential use. (Ord. 18-880, 7-23-2018)

These regulations apply to campgrounds where campsites are rented for the placement and occupancy of tents and/or recreational vehicles on a temporary basis. The installation or development of any campground, shall comply with the following minimum criteria:

   A.   All campgrounds shall be designed in accordance with the provisions of this chapter and administered through the overlay district, conditional use permit and/or site plan review process.

   B.   Campgrounds shall not be used as permanent residences except for that of the owner, manager or permanent maintenance personnel. Maximum length of stay in any campground shall be one hundred eighty (180) days or six (6) months, per calendar year.

   C.   One RV shall be permitted on each allowed camp site. No manufactured homes or dwelling units of conventional construction shall be permitted within the campground for living purposes except for that of the owner, manager, or permanent maintenance personnel.

   D.   The minimum lot or parcel size for a campground shall be five (5) gross acres.

   E.   The maximum number of individual camping sites allowed shall be ten (10) per gross acre.

   F.   The number of camping sites within a campground devoted to use by a recreational vehicle shall not exceed sixty percent (60%) of the total number of camping sites provided in the campground at any time.

   G.   Each camp site shall be clearly marked with an alpha or numeric symbol on a sign which is clearly visible from an access road. All camp sites shall be labeled on a map, which shall be provided to each campground occupant; Eloy Police, fire district, and emergency service provider; and 911 dispatch center.

   H.   All roads within a campground shall be well-drained, graveled or paved, and maintained in good condition by the park owner or manager. One-way roads shall be a minimum of twelve feet (12') in width, all other roads shall have a minimum travel surface of eighteen feet (18') or as required by the International Fire Code, whichever is greater. Parking shall be prohibited on both sides of all roads within the park.

   I.   Each camp site shall be provided with two (2) off-street parking spaces.

   J.   Street improvements for any public roads bounding the campground shall be made as required by the City Engineer.

   K.   Access to all camp sites shall be from the interior of the campground. There shall be no individual access to any camp site from a public street.

   L.   A preserved natural or planted buffer strip of fifty feet (50') shall be provided along the front, side, and rear lot lines of the campground in which no camping may take place. This buffer strip will provide a visual buffer to minimize any adverse impact on abutting land use.

   M.   Each campground 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 campground.

   N.   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.

   O.   Each campground may provide a place to procure food, drink, sundries, or souvenirs to patrons of the campground only.

   P.   Service buildings with toilet, bathing and other sanitation facilities and utilities shall be provided as required by the City of Eloy.

   Q.   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 Engineer.

   R.   All utilities shall be placed underground. The placement of utilities will be up to the developer. However, all utilities services shall meet all requirements specified by the City of Eloy, as well as the respective utility companies.

   S.   All lighting shall be in conformance with section 21-4-5 of this chapter.

   T.   Designated areas for boat and recreational vehicle storage within the park shall be for the sole use of tenants of the campground.

   U.   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 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 side(s).

   V.   A site plan approval application for a campground shall include the following information:

      1.   A written description of the proposed operation, including proposed months of operation; desired number, types, and characteristics of different desired camping sites; other ancillary uses existing or proposed for the site; operational procedures (e.g., noise and nuisance control, clean-up); and emergency access plan.

      2.   A campground plan map, drawn to scale, and including the existing and proposed layout; location of camp sites and camping units, roads, parking areas, and site boundaries; existing and proposed topography (grading); minimum required yards; existing and proposed buildings and other structures; common recreational facilities; water and sewer systems; and stormwater management. (Ord. 18-880, 7-23-2018)

   A.   One caretaker living quarters may be permitted on the same lot as a principal residence provided the caretaker living quarters complies with the following standards:

      1.   The caretaker living quarters must conform to all minimum density, area, building and yard regulations as that of the principal structure.

      2.   The caretaker living quarters shall be located in the buildable area of the lot.

      3.   A single common driveway shall serve both the principal residence and the caretaker living quarters.

      4.   The caretaker living quarters may not exceed fifty percent (50%) of the gross square footage of the livable area of the primary structure.

      5.   The caretaker living quarters must be connected to all of the primary structure's electric, water and gas meters.

      6.   The caretaker living quarters may not be used for any commercial or nonresidential uses.

      7.   A caretaker living quarters may not be used for rental purposes and/or otherwise used for income purposes. (Ord. 18-880, 7-23-2018)

   A.   Carnivals, circuses, concerts, revivals, rodeos and similar activities may be permitted, provided the following conditions are met:

      1.   A temporary use permit (private property) shall be obtained or a special event permit when the event is on City property.

      2.   Staff shall ensure that health and fire safety is considered and shall solicit the comments of the Pinal County Health Department and Eloy Fire District Chief/Marshal as necessary.

      3.   Staff shall ensure that land area is adequate for the proposed use's parking; and shall ensure that traffic safety is considered.

      4.   Staff shall require measures to adequately protect surrounding property.

      5.   Permanent structures shall not be allowed.

      6.   A special events permit or a temporary use permit shall pertain to the allowable activity permitted during the time limit of the permit. A change in ownership or sponsor applicant for the same activity during the time limit of the permit shall not constitute grounds for extending the time granted for the activity in the original permit. (Ord. 18-880, 7-23-2018)

   A.   A child care center shall be licensed, certified or approved by the State of Arizona.

   B.   Adequate off-street parking shall be provided in accordance with section 21-4-1 of this chapter.

   C.   All child care centers shall provide adequate drop-off areas and waiting space so that parents' cars are not required to stand in a public right-of-way. At least one drop-off space, or its equivalent shall be provided for each five (5) children enrolled or cared for at the facility during the largest scheduled class. Child drop-off areas shall have direct, unobstructed pedestrian access to the building entrance.

   D.   A minimum of one hundred (100) square feet of outdoor play area shall be provided per child utilizing the outdoor play area at any given time. The total outdoor play area shall not be less than one thousand two hundred (1,200) square feet, unless a greater amount is required by the State. Outdoor play areas shall be in the rear or side yard, fenced and screened in accordance with section 21-2-3.4 of this chapter. (Ord. 18-880, 7-23-2018)

   A.   A child care, home shall be licensed, certified or approved by the State of Arizona.

   B.   Child care, home vehicles belonging to employees and residents are required to park onsite, in the garage or on an approved paved driveway.

   C.   No signage for advertising or notification of use shall be permitted on or off the site.

   D.   A minimum of six hundred (600) square feet of open space shall be provided for an outdoor play area, none of which shall be located in the required front setback.

   E.   All outdoor recreation areas shall be completely screened and enclosed by a six foot (6') high solid masonry wall or wood fence with solid self-closing and self-latching gates. (Ord. 18-880, 7-23-2018)

   A.   The facility shall meet Fire Code, Building Code and any other applicable regulations.

   B.   All access for colleges and/or universities shall be provided from an arterial or collector roadway; vehicular ingress and egress to local streets is prohibited.

   C.   A separate conditional use permit shall be required for any additional accessory uses customarily found in conjunction with schools, including dormitories, stadiums, outdoor recreational lighting, and auditoriums which were not specifically described when the CUP was originally approved.

   D.   Colleges or universities shall comply with the building setback and building height requirements established by the zoning district for which the college/university is located; but may be modified as part of the CUP process. (Ord. 18-880, 7-23-2018)

   A.   Commercial riding stables, boarding stables, and/or commercial ranch only after it has been found to be in compliance with the following standards:

      1.   There shall be no more than eight (8) animal units (AU) per acre with a total of no more than one hundred (100) animals/facility at any given time, under any circumstance.

      2.   An attendant must be in residence on the property of any commercial ranch.

      3.   All livestock structures, containment areas of facilities used for the stabling, storing, showing or training of livestock and for temporary manure storage shall be set back a minimum of seventy five feet (75') from any property line. Normal setbacks apply to all other structures and uses.

      4.   No performances or other activities that would generate more vehicular traffic than is normal to an area with single-family residences are permitted unless the site has immediate access to a major or collector City street. Occasional small performances may be allowed per stipulations of the conditional use permit. Adequate parking for daily activities and additional parking, as determined by the Zoning Administrator, must be provided for shows or other special events.

      5.   All livestock turnout areas and pens shall be enclosed with fences at least five feet (5') in height. The design of these enclosures shall be shown on drawings submitted with the conditional use permit application.

      6.   A specific plan for the physical containment and location of manure storage and/or disposal, which minimizes odor and fly impacts on adjacent lots or parcels, must be provided. The spreading and tilling of manure into the soil of the paddock, pasture or arena areas may be considered manure disposal.

      7.   The applicant must provide a specific program for fly control in barn and stable areas that minimizes the attraction and breeding of flies.

      8.   All activity and pasture areas shall be grassed, irrigated or treated with regularly tilled organic soil mix for dust suppression.

      9.   With the exception of the principal residence and its accessory structures, upon revocation of the commercial ranch conditional use permit or abandonment of the operation, all structures shall be removed.

      10.   Failure to maintain any of the standards described above is grounds for revocation of the conditional use permit.

      11.   In the review for commercial riding stables, boarding stables, and/or commercial ranch, the City may also consider lighting, landscaping, hours of operation, signage, plan of operation, and neighborhood impact.

   B.   The following uses are permitted in the RR-20 and RR-5 Single Residence District only after review and approval of a conditional use permit in accordance with section 21-6-7 of this chapter.

      1.   Commercial riding stables, boarding stables, and/or commercial ranch only after it has been found to be in compliance with the following standards.

      2.   The site contains at least five (5) acres.

      3.   There shall be no more than four (4) animal units (AU) per acre with a total of no more than forty (40) animals at any given time under any circumstance. (Ord. 18-880, 7-23-2018)

   A.   The maximum total square footage of the building shall be five thousand (5,000) square feet; unless modified through the CUP process.

   B.   A use may combine a convenience store with a drive-through facility and/or service station only if both uses are permitted or conditionally permitted and approved in that district. If combined with said uses, convenience stores shall additionally comply with the provisions of sections 21-3-1.18, "Drive-Through Facility", and/or 21-3-1.37, "Service Station", of this section 21-3-1. (Ord. 18-880, 7-23-2018)

   A.   Dairy farms, provided that they have a minimum of six hundred forty (640) acres and only after it has been found to be in compliance with the following standards:

      1.   There shall be no more than two (2) animal units (AU) per acre with a total of no more than five hundred (500) bovine animals per facility or seven hundred fifty (750) AU at any given time under any circumstance.

      2.   Pens, buildings, corrals and yards other than open pasture shall not be closer than three hundred feet (300') to any property line.

      3.   The spreading and tilling of manure into the soil of the paddock, pasture or arena areas may be considered manure disposal if approved by the City.

      4.   Agricultural composting may not be conducted within one thousand three hundred twenty feet (1,320') of an existing residential use.

      5.   A specific program for fly control in barn and animal containment areas, which minimizes the attraction and breeding of flies, must be provided and approved by the City. (Ord. 18-880, 7-23-2018)

   A.   Public or private detention and correctional facilities, provided that they have a minimum of three hundred twenty (320) acres and only after it has been found to be in compliance with all applicable Federal and State regulations. (Ord. 18-880, 7-23-2018)

   A.   This section shall apply to all principal uses that include a drive-through facility. Uses may include, but not be limited to; financial institutions, fast food restaurants, coffee shops, convenience stores, drug stores, and liquor stores.

      1.   Menu boards shall not be placed facing the primary street. In addition, every effort shall be made to avoid placing payment and/or pick-up windows adjacent to public streets. Payment and/or pick-up windows shall not face I-10, Main Street, Frontier Street or Sunshine Blvd.

      2.   Drive through aisles that face or are adjacent to public streets shall be screened from public view by a minimum three foot (3') tall masonry wall that matches the primary structure or a landscape berm.

      3.   No drive-through aisles shall exit directly onto a public right-of-way.

      4.   Drive through queuing length shall be approved in accordance with section 21-4-1 of this chapter.

      5.   Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access point to the facility that is located adjacent to a drive-through lane(s). Pedestrian crosswalks shall avoid crossing drive through lanes. (Ord. 18-880, 7-23-2018)

   A.   Extractive industries, including the removal of sand, rock, soil, gravel and including concrete or asphalt batch plants as an accessory use only after it has been found to be in compliance with the following standards:

      1.   No excavation or processing of excavated materials shall be permitted within thirty feet (30') to the exterior boundaries and within one hundred twenty five feet (125') to any Residential zoned property or existing residence. The City may require greater setbacks if, in the opinion of the Council, it is justified.

      2.   Material shall be excavated in such a manner so as to assure the convenient, efficient, and successful restoration of the land and to hold to a minimum, any adverse effects to adjacent and surrounding land as a result of piling or storing the overburden material.

      3.   Material shall be excavated in such a manner that leaves a minimum of two feet (2') of undisturbed sand, gravel, or soil over the entire excavation tract to provide a water bearing strata for any ground water; or more, if the required geological report indicates that it is necessary.

      4.   The excavation operator shall maintain haul roads within the premises covered by the permit and the perimeter public roads in a dust free condition.

      5.   The hours of operation, unless otherwise specified by the City, shall not be prior to six o'clock (6:00) A.M. or after ten o'clock (10:00) P.M. unless the City grants special permission for temporary expansion of the hours.

      6.   Operations shall be conducted in such a manner that excavated areas will not collect or permit stagnant water to remain therein.

      7.   The required development plan shall indicate compliance with the above standards and shall include the following topographic information at a minimum of five foot (5') contour intervals:

         a.   Pre-excavation contours;

         b.   Proposed excavation contours;

         c.   Degree of slope of banks for all excavations;

         d.   Location of any public facilities, irrigation canals, ditches, or streambeds;

         e.   Post excavation reuse and contours. (Ord. 18-880, 7-23-2018)

   A.   Farms/farming activities and ranch/ranching activities but not including: commercial ranches; dairies; CAFOs; swine, ratites or poultry farms. Farm and ranch uses shall be in compliance with the following standards:

      1.   There shall be an open space buffer area, not less than sixty feet (60') in width, between agricultural crop production fields and any adjacent Residentially zoned land or residential land uses if the agricultural crop requires the application of pesticides either mechanically sprayed or by aerial application.

      2.   Raising, breeding, training and feeding of agricultural animals provided there are no more than four (4) animal units (AU) per acre with a total of no more than two hundred fifty (250) animals under any circumstance.

      3.   Animals must be contained and the containment must be within the buildable area of the lot. Only pasture and grazing activity may occur outside of the buildable area of the lot.

      4.   Ranch uses may include the following equine activities: boarding, breeding, training, and the sale of animals owned by the rancher.

      5.   Ranch uses do not include: liveries; the retail sale of hay, feed or tack; or equine activities open to the general public.

      6.   A specific plan for the physical containment and location of manure storage and/or disposal, which minimizes odor and fly impacts on adjacent lots or parcels, must be provided and approved by the City. The spreading and tilling of manure into the soil of the paddock, pasture or arena areas may be considered manure disposal.

      7.   A specific program for fly control in barn and stable areas, which minimizes the attraction and breeding of flies, must be provided and approved by the City.

      8.   All activity and pasture areas shall be grassed, irrigated or treated with regularly tilled organic soil mix for dust suppression.

      9.   All feeding areas and the structures used to house or cover the animals shall conform to the yard setback regulations of the individual Residential Zoning District in which the structure is located. (Ord. 18-880, 7-23-2018)

   A.   A completed registration form shall be submitted to the Community Development Department on a form established by the Zoning Administrator. Registration shall become effective upon issuance of zoning clearance for the home and shall terminate when the home use ceases. No registration/clearance shall be accepted or approved for a home that does not comply with the conditions listed within this section.

   B.   Group care homes shall comply with all applicable Federal, State and local requirements for the location, development and operation of such homes and the provision of safe outdoor recreation areas and gross floor areas for every person that the home is licensed to accommodate.

   C.   Group care homes shall not be located within one thousand two hundred feet (1,200'), as measured from the property lines, of another group care home or assisted living home facility.

   D.   The group care home shall not undertake modifications in the exterior appearance of any structure or necessitate equipment that is not related to the primary residential use. Signage is prohibited.

   E.   All administrative activities, including staffing, counseling, and other visitations, shall serve only residents of the group care home. (Ord. 18-880, 7-23-2018)

A home occupation shall be considered a permitted accessory use in all Residential Zoning Districts provided that they do not change the character of the surrounding residential area by generating added traffic, noise, odors, visual impacts, or storage of materials than would normally be expected in a Residential Zoning District, and if it complies with the following regulations:

   A.   All home occupations shall be clearly incidental and subordinate to the use of the property and dwelling unit for dwelling purposes. A valid City business license shall be maintained for the home occupation use.

   B.   Each dwelling unit shall be limited to one permitted home occupation. Any additional home occupations shall require a conditional use permit.

   C.   All home occupations shall be conducted entirely from within the principal residence or enclosed accessory buildings (i.e., detached garage) except for home occupations that require the use of accessory structures allowed within the subject zoning district (i.e., the use of swimming pools for swimming lessons, play structures for day care, or horse corrals for horseback riding lessons) as long as they do not create a noxious environment for neighboring properties.

   D.   No more than twenty five percent (25%) of the gross floor area of the principal dwelling or accessory building shall be devoted to the home occupation. Areas devoted to the home occupation use shall maintain a residential character and appearance.

   E.   There shall be no employees of the home occupation other than members of the immediate family residing in the dwelling unit where the home occupation is being operated.

   F.   There shall be no external evidence of the home occupation such as greater volumes of traffic, noise, dust, odors, fumes, vibration, electrical interference or fluctuation or other nuisances discernible beyond the property lines than would normally be expected in a residential neighborhood.

   G.   A home occupation shall not be conducted in a way that is perceptible in external effects (such as, but not limited to, noise, odors, traffic) from beyond the property line between the hours of eight o'clock (8:00) P.M. and six o'clock (6:00) A.M. This time limit shall also apply to any loading or unloading of vehicles on the property or on a street that causes noise to adjoining residents.

   H.   There shall be no use of show windows, business display or advertising visible from the exterior of the building, except as is specifically permitted in section 21-4-3, "Signage", of this chapter, or signage that indicates the premises are being used in part for any purpose other than a dwelling.

   I.   The home occupation shall not result in excess generation of solid waste or use of utilities and public facilities in amounts greater than normally provided for residential use.

   J.   The address of the home occupation shall not be advertised in such a way that would encourage customers or salespersons to come to the property without an appointment.

   K.   Customer/patron trip generation shall not exceed five (5) visits a day and no more than two (2) visits at the same time. Exceptions to this shall be allowed for music, art, craft or similar lessons, swim lessons, hair or nail appointments, and home day care providers.

   L.   Shipping/receiving trip generation shall not involve the use of a vehicle with an aggregate gross vehicle weight of more than ten thousand (10,000) pounds for more than the occasional receiving/delivery of materials to or from the premises.

   M.   Any parking incidental to the home occupation shall be provided only in the residential driveway, subject to compliance with the off-street parking requirements of section 21-4-1 of this chapter.

   N.   The home occupation shall not involve the parking or storage of more than two (2) vehicles having a combined gross vehicle weight over ten thousand (10,000) pounds on the lot or on adjacent streets at any period of time. However, in the RR-20, RR-5 and RR-2.5 Zoning Districts, the parking and storage of up to two (2) vehicles, directly related to the home occupation, with a gross vehicle weight of more than ten thousand (10,000) pounds shall be allowed within a fully screened side or rear yard.

   O.   Storage of goods and materials necessary for the home occupation shall be fully enclosed within a building or structure and shall not include flammable, combustible or explosive materials except where private on-site utility fuel tanks are used for home heating, cooking or other residential type utilities.

   P.   The following are examples of uses which would be acceptable as home occupations provided they comply with the above regulations:

      1.   Home offices with little or no client visits to the home;

      2.   Catering for off-site consumption;

      3.   Personal services such as a beauty shop, barbershop, and seamstress;

      4.   Artists, sculptors, jewelry makers, and composers not selling their artistic product to the general public on the premises;

      5.   Fine arts lessons (music, art, crafts, dance), tutoring and swimming lessons limited to no more than four (4) students at any one time;

      6.   Income tax preparation;

      7.   Computer programming and software development; and,

      8.   Day care (maximum of 4 persons).

   Q.   A home occupation shall not include the following uses:

      1.   Medical offices, clinics, and laboratories, except for psychologists, speech therapists, acupuncturists, licensed massage therapists, and other professionals with one-on-one counseling, therapy, or treatment that do not exceed six (6) clients within twenty four (24) hours.

      2.   Motor vehicle sales, repair, painting, storage, restoration or conversion, engine repair or similar uses conducted outside and/or on vehicles not registered to a person currently residing at the home.

      3.   Animal care kennels or boarding facilities. Except in the RR-20 zoning district, where they are all owed and RR-5 and RR-2.5 districts, where such uses may be permitted by Conditional Use Permit.

      4.   Welding or Machine shop.

      5.   Retail sales (other than occasional sale of custom crafts and art produced on the premises);

      6.   Restaurants;

      7.   Contractors shop or storage; and

      8.   Body piercing and/or tattoo studio.

   R.   Complaints by citizens or local residents may be cause for termination of the home occupation.

      1.   All complaints or violation of the above conditions shall be registered with, and reviewed by, the Zoning Administrator.

      2.   The burden of proof shall be upon the home occupation to prove that the standards of this section are being met, especially regarding possible nuisances and vehicle traffic.

      3.   If appropriate measures cannot be undertaken to mitigate the complaint or violations, the Zoning Administrator may determine that a particular type or intensity of use is unsuitable to be a home occupation and require termination of the use. Appeals of the Zoning Administrator's decision can be made to the Board of Adjustment. (Ord. 18-880, 7-23-2018; Ord. 20-891, 1-27-2020)

Kennels for the boarding or lodging, breeding, or training of small domesticated animals, such as dogs and cats, provided the animals are kept within the confines of an exercise area and a sound attenuated kennel. Animals shall not run at large and shall not number more than four (4) animals per acre with a total of no more than eighty (80) animals under any circumstance. A specific plan for the physical containment and location of waste storage and/or disposal, which minimizes odor and fly impacts on adjacent lots or parcels, must be provided. All kennels shall comply with City and/or State licensing requirements. (Ord. 18-880, 7-23-2018)

   A.   Medical marijuana cultivation is subject to the following conditions and limitations:

      1.   Applicant shall provide:

         a.   The name(s) and location(s) of the offsite medical marijuana dispensary associated with the cultivation operation.

         b.   A copy of the operating procedures adopted in compliance with Arizona Revised Statutes, section 36-2804(B)(1)(c).

         c.   A survey sealed by a registrant of the State of Arizona showing the location of the nearest medical marijuana dispensary or cultivation location if within five thousand two hundred eighty feet (5,280').

   B.   Retail sales of medical marijuana is prohibited.

   C.   Shall not be located within one thousand three hundred twenty feet (1,320') of the same type of use or a medical marijuana dispensary. This distance shall be measured from the exterior walls of the building or portion thereof in which the businesses are conducted or proposed to be conducted.

   D.   Shall not be located within one thousand three hundred twenty feet (1,320') of a Residentially zoned property. This distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation business is conducted or proposed to be conducted to the property boundary line of the Residentially zoned property. (Option: Measuring distance from lot line to lot line.)

   E.   Shall not be located within one thousand three hundred twenty feet (1,320') of a preschool, kindergarten, elementary, secondary or high school, place of worship, public park or community center. This distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation business is conducted or proposed to be conducted to the property line of the protected use.

   F.   With regard to a medical marijuana cultivation location, applicants seeking a conditional use permit shall provide the name and location of the off-site dispensary, a copy of operating procedures adopted in compliance with Arizona Revised Statutes section 36-2804(B)(1)(c), procedures for proper disposal of marijuana remnants or by-products (not to be the facility's exterior refuse container), a security plan, and a plan to prohibit the emission of odors from the facility into the environment.

   G.   The cultivation location must be a permanent building (not a habitable trailer, cargo container or motor vehicle) with a maximum area not to exceed two thousand (2,000) square feet unless otherwise shown by the applicant and approved through the conditional use permit process that additional area is needed to provide necessary medical marijuana to the identified dispensary.

   H.   The cultivation location shall not be open to the public.

   I.   Marijuana shall not be consumed on the premises, including any accessory structures, parking lot or parking areas. (Ord. 18-880, 7-23-2018)

   A.   Applicant shall provide:

      1.   The name(s) and location(s) of the offsite medical marijuana dispensary associated with the cultivation operation.

      2.   A copy of the operating procedures adopted in compliance with Arizona Revised Statutes, section 36-2804(B)(1)(c).

      3.   A survey sealed by a registrant of the State of Arizona showing the location of the nearest medical marijuana dispensary or cultivation location if within five thousand two hundred eighty feet (5,280').

      4.   Site plan, floor plan, building permits for occupancy change, and a security plan.

   B.   Shall be located in a permanent building and may not locate in a trailer, cargo container or motor vehicle.

   C.   Shall have a maximum occupant load requirement that will not exceed limitations for single exit floor plan in accordance with the 2012 International Building Code.

   D.   Shall not be located within one thousand three hundred twenty feet (1,320') of the same type of use. This distance shall be measured from the exterior walls of the building or portion thereof in which the businesses are conducted or proposed to be conducted.

   E.   Shall not be located within one thousand three hundred twenty feet (1,320') of a Residentially zoned property. This distance shall be measured in a straight line from the exterior walls of the building or portion thereof in which the business is conducted or proposed to be conducted to the zoning boundary line of the Residentially zoned property.

   F.   Shall not be located within one thousand three hundred twenty feet (1,320') of a preschool, kindergarten, elementary, secondary or high school, place of worship, public park, or public community center. This distance shall be measured in a straight line from the exterior walls of the building or portion thereof in which the business is conducted, or proposed to be conducted, to the property line of the protected use.

   G.   Shall have operating hours not earlier than eight o'clock (8:00) A.M. and not later than six o'clock (6:00) P.M.

   H.   Drive-through services are prohibited.

   I.   Cultivation of medical marijuana is prohibited.

   J.   Shall provide for proper disposal of marijuana remnants or byproducts, and not to be placed within the facility's exterior refuse containers.

   K.   With regard to a medical marijuana dispensary, on-site and drive through services are prohibited. Applicants seeking a conditional use permit shall provide the name and location of the off-site cultivation location or source, a copy of operating procedures adopted in compliance with Arizona Revised Statutes section 36-2804(B)(1)(c), procedures for proper disposal of marijuana remnants or by-products (not to be the facility's exterior refuse container), a security plan, and a plan to prohibit the emission of odors from the facility into the environment. The dispensary must be a permanent building (not a habitable trailer, cargo container or motor vehicle) with a maximum area not to exceed one thousand (1,000) square feet. Operating hours shall not be earlier than eight o'clock (8:00) A.M. and not later than eight o'clock (8:00) P.M. Marijuana shall not be consumed on the premises of the dispensary, including any accessory structures, parking lot or parking areas. (Ord. 18-880, 7-23-2018)

   A.   Medical marijuana infusion (or manufacturing) production facility.

      1.   Applicant shall provide:

         a.   Name(s) and location(s) of the offsite dispensary.

         b.   A copy of the operating procedures adopted in compliance with Arizona Revised Statutes, section 36-2804(B)(1)(c).

         c.   A survey sealed by a registrant of the State of Arizona showing the location of the nearest medical marijuana dispensary or cultivation location if within five thousand two hundred eighty feet (5,280').

      2.   The facility shall not be located within one thousand three hundred twenty feet (1,320') of the same type of use. This distance shall be measured from the exterior walls of the building or portion thereof in which the businesses are conducted or proposed to be conducted.

      3.   The facility shall not be located within one thousand three hundred twenty feet (1,320') of a Residentially zoned property. This distance shall be measured in a straight line from the exterior walls of the building or portion thereof in which the businesses are conducted or proposed to be conducted to the zoning boundary line of the Residentially zoned property.

      4.   The facility shall not be located within one thousand three hundred twenty feet (1,320') of a preschool, kindergarten, elementary, secondary or high school, place of worship, public park, or public community center. This distance shall be measured in a straight line from the exterior walls of the building or portion thereof in which the business is conducted or proposed to be conducted to the property line of the protected use.

      5.   There shall be no emission of dust, fumes, vapors, or odors into the environment from the facility. (Ord. 18-880, 7-23-2018)

   A.   Must provide evidence of valid State license before commencing operations or at any time upon the request of the Zoning Administrator. The conditions of any such license shall be adhered to by the operator of the establishment at all times.

   B.   Pure manufacturing and storage uses not associated with a retail or restaurant function are not allowed in the C-2 or MU Zoning Districts.

   C.   All manufacturing and processing activity shall be conducted within a completely enclosed building.

   D.   In the C-2 and MU Zoning Districts outdoor storage shall be limited to grain silos designed to be screened from public view or integrated into the design of the principal building through the use of compatible materials and colors. No other materials, including products ready for shipping, or equipment shall be stored outdoors unless approved through a conditional use permit.

   E.   Outdoor seating and serving is permitted. (Ord. 18-880, 7-23-2018)

   A.   A completed registration shall be submitted to the Community Development Department on a form established by the Zoning Administrator. Registration shall become effective upon issuance of zoning clearance for the home and shall terminate when the nursing home use ceases operation. No registration/clearance shall be accepted or approved for a nursing home that does not comply with the conditions listed within this subsection.

   B.   Nursing homes shall comply with all applicable Federal, State and local requirements for the location, development and operation of such homes and the provision of safe outdoor recreation areas and gross floor areas for every person that the home is licensed to accommodate.

   C.   Nursing care homes shall not be located within one thousand two hundred feet (1,200'), as measured from the property lines, of another nursing home, group care home or a residential care home facility.

   D.   The nursing home shall not involve changes in the exterior appearance of any structure or necessitate equipment that is not related to the primary residential use.

   E.   All administrative activities, including staffing, counseling, and other visitations, shall serve only residents of the nursing home. (Ord. 18-880, 7-23-2018)

Outdoor commercial entertainment (i.e., music/concerts) is a conditional use in the C-2, MU, BP and I-1 Zoning Districts subject to the following:

   A.   A business or property desirous of providing outdoor musical entertainment shall be required to obtain a conditional use permit (CUP) within those zoning districts that permit the use as a CUP. The CUP shall be personal to the permittee and applicable only to the specific business/property identified and shall not be transferable. A new conditional use permit shall be obtained if the business/property is sold, leased, or conveyed by the permittee; or if the permittee moves to a new location.

   B.   Outdoor musical entertainment conditional use permits shall be subject to an annual review, based on the initial approval date, to ensure the use is conducted in accordance with all of the terms, conditions and restrictions of this chapter, the approved CUP or any other applicable laws. If the use is found to be in compliance, an administrative renewal shall be issued by the Community Development Department. Any use found to be in violation of the terms, conditions, or restrictions of this chapter, the CUP or any other applicable laws shall be subject to revocation and scheduled for a formal public hearing in accordance with article VI, "Zoning Procedures", of this chapter. Following the formal public hearing process, the City Council may elect to renew, renew with additional stipulations, or revoke the CUP.

   C.   Amplified outdoor musical entertainment, live or recorded, shall not be permitted within six hundred feet (600') of a Single-Family Residentially zoned property or existing residential dwelling.

   D.   Outdoor musical entertainment will not be permitted within public rights-of-way.

   E.   Outdoor musical entertainment will be limited to the hours of eight o'clock (8:00) A.M. to eleven o'clock (11:00) P.M.

   F.   No retail or wholesale over-the-counter sale of goods or products are permitted to be sold in conjunction with the entertainment, other than the products or service being provided by the permitted business, unless accompanied by an Arizona Transaction Privilege Tax license.

   G.   The performer will not use in their show any flammable items, fireworks, electronic light displays, or laser-operated device.

   H.   Outdoor musical entertainment shall be restricted to music or singing which is not excessive or disturbing to the community as prescribed by section 13-15.6 of this Code.

   I.   If the sound is of sufficient volume and duration that it would cause discomfort or annoyance to a reasonable person of normal sensitivities, it shall be prohibited. (Ord. 18-880, 7-23-2018)

   A.   All outside storage facilities shall be subject to the CUP process in the I-1 Zoning District and the site plan review process as a permitted use in the I-2 Zoning District. In addition to standard site plan information, the applicant shall provide a plan which shows an ability to control on-site and prevent off-site nuisance conditions such as noise, dust, odors, vectors and wind-blown debris.

   B.   A use may combine outside storage with automobile/boat major repair and automobile/boat sales only if both uses are permitted or conditionally permitted and approved in that district. If combined with said uses, outdoor storage facilities shall additionally comply with the provisions of section 21-3-1.6 of this section 21-3-1 for automobile/boat major repair and/or this section for outdoor storage facilities.

   C.   Outdoor storage facilities shall be located with direct access to paved roadways that are suitable in size to allow for the efficient delivery of automobiles and boats for storage. The paved roadway requirement of this paragraph shall not apply to outdoor storage facilities located in the I-2 Zoning District.

   D.   Outdoor storage areas shall be paved in compliance with City standards. The provisions of this paragraph shall not apply to outdoor storage facilities located in the I-2 Zoning District.

   E.   Outside storage facilities must be fully screened from view by a one hundred percent (100%) opaque fence or engineered concrete/masonry block wall that is no less than six feet (6'), but no more than eight feet (8') in height.

   F.   As part of the conditional use permit process within the I-1 Zoning District, a landscaped screen of plantings may be required in combination with a required fence or wall to further buffer and/or shield storage activities from public view or adjacent Residential Districts. See section 21-4-2 of this chapter for additional screening regulations and this section for outdoor storage facilities. The provisions of this paragraph shall not apply to major repair facilities located in the I-2 Zoning District.

   G.   No outdoor storage that exceeds the height of the screen wall may occur within the required setback areas. The provisions of this paragraph shall not apply to outside storage facilities located in the I-2 District.

   H.   No stored automobile/boat shall be utilized for overnight sleeping or as living accommodations.

   I.   All exterior lighting shall comply with the lighting standards provided within section 21-4-5 of this chapter.

J.   Any lawful outside storage facility in existence as of July 23, 2018, that could not be permitted or rebuilt thereafter because of zoning district requirements shall be considered a permitted use and, accordingly, shall not be subject to this section, unless the facility is proposed to be expanded beyond the building or facility use footprint, whichever is greater, that existed as of July 23, 2018. If the building or facility use footprint exceeds the allowed threshold or if the intensity of uses increases beyond that which existed as of July 23, 2018, the outside storage facility shall be required to be brought into compliance with all current, applicable provisions of this chapter. (Ord. 18-880, 7-23-2018)

   A.   Requirements:

      1.   Conditional Use Permit: A business or individual desirous in providing outdoor vending shall obtain a conditional use permit for use in the C-1, C-2, MU and I-1 Zoning Districts.

      2.   Zoning Districts Where Permitted: Outdoor vendors shall only be permitted to operate on City specified property or on private property in C-1, C-2, MU and I-1 Zoning Districts. The owner or lessee of a property shall give written consent to outdoor vendors to utilize their property for outdoor vending purposes and vendors shall have said written consent available at all times for review by City inspectors.

      3.   Temporary Business: Outdoor vending businesses are considered to be temporary in nature and are not to be placed in a permanent way on a property.

      4.   Properties Must Have Principal Use: Outdoor vending will only be permitted on properties that have been established with principal uses.

      5.   Signage: All signs shall be affixed to the vending cart, stand or stall. Standalone signs on any one side of the cart, stand or stall, shall be approved as part of the CUP process. This type of sign will not require the issuance of a separate sign permit.

      6.   Blocking Access Prohibited: Vending carts, stands or stalls shall not block a driveway, sidewalk or other point of emergency vehicular access, including emergency access points.

      7.   Distance From Sidewalks And Streets: All vending carts, stands or stalls shall be located at least five feet (5') from any sidewalk and/or ten feet (10') from any street whichever is the lesser. If located near a street intersection, the vending cart, stand or stall must maintain a visibility triangle per section 21-4-2.11 of this chapter.

      8.   Parking Area Location: Vending carts, stands or stalls located in parking areas shall not reduce the number of parking spaces required for the principal use if said principal use is in operation during the same hours as the outdoor vendor. Additional off-street parking space must be provided for all employees of the outdoor vending operation unless employees arrive in the vending cart.

      9.   Construction: Vending carts, stands or stalls must be constructed of durable and high quality materials. Vending carts, stands or stalls must be maintained in good condition and repair. Vending carts, stands or stalls that are in disrepair shall be replaced or removed at the request of the Zoning Administrator.

      10.   Licensing: Outdoor vending will be conducted with proper licensing, certification and registration required under the State of Arizona, Pinal County and the City of Eloy, if required. The application shall include the applicant's name of business and State Tax license number.

      11.   Information To Be Submitted: Every applicant, before being granted a permit for outdoor vending shall submit the following:

         a.   A conditional use permit application and non-refundable application fee per the approved City of Eloy fee schedule.

         b.   Site plan showing the location where the vending cart, stand or stall will be placed, and compliance with parking and setback and other Code standards.

         c.   Information providing support that the vending operation is in conformance with the regulations outlined in this section.

         d.   Business registration for vending business and State Tax license number.

         e.   If permit will be on City property, proof of liability insurance for one million dollars ($1,000,000.00) with the City of Eloy listed as additionally insured.

      12.   Renewal And Revocation:

         a.   Outdoor vendor conditional use permits shall be subject to an annual review, based on the initial approval date, to ensure the use is conducted in accordance with all of the terms, conditions and restrictions of this chapter, the approved CUP or any other applicable laws. If the use is found to be in compliance, an administrative renewal shall be issued by the Community Development Department. Any use found to be in violation of the terms, conditions, or restrictions of this chapter, the CUP or any other applicable laws shall be subject to revocation and scheduled for a formal public hearing in accordance with article VI, "Zoning Procedures", of this chapter. Following the formal public hearing process, the City Council may elect to renew, renew with additional stipulations, or revoke the CUP. (Ord. 18-880, 7-23-2018)

   A.   Non-chartered financial institutions shall require a CUP in the C-2 and I-1 Zoning Districts only.

   B.   Non-chartered financial institutions shall not be permitted on a forward pad of a principal corner of two (2) arterial roadways. They may be permitted, with a CUP, as an in-line tenant within a commercial center located at the intersection of two (2) arterial roadways.

   C.   Non-chartered financial institutions shall not be located within one thousand two hundred feet (1,200') of another non- chartered financial institution.

   D.   Non-chartered financial institutions shall not be located within one thousand two hundred feet (1,200') of a Residential Zoning District or existing residential dwelling unit.

   E.   Non-chartered financial institutions shall not be located within one thousand two hundred feet (1,200') of school or place of religious assembly. (Ord. 18-880, 7-23-2018)

   A.   The applicant shall provide:

      1.   A copy of the operating procedures adopted in compliance with Arizona Revised Statutes (ARS).

      2.   A survey sealed by a registrant of the State of Arizona showing the location of the nearest medical marijuana dispensary or cultivation location or recreational marijuana: establishment, testing facility and dual licensee if within five thousand two hundred eighty feet (5,280') of the subject parcel property boundary.

      3.   A site plan, floor plan, building permits for occupancy change, and a security plan.

      4.   Written procedures for proper disposal of marijuana remnants or by-products.

      5.   A plan to prohibit the emission of odors from the facility into the environment.

   B.   The facility shall be located in a permanent building and may not locate in a trailer, cargo container or motor vehicle.

   C.   The facility shall comply with the Building Code as adopted and amended from time to time by the City.

   D.   Unless prohibited by State Law, the facility shall not be located within one thousand three hundred twenty feet (1,320') of a medical marijuana or recreational marijuana facility. This distance shall be measured in a straight line from the closest exterior wall of the building in which the business is conducted, or proposed to be conducted, to the closest exterior wall of the existing medical or recreational marijuana facility.

   E.   Unless prohibited by State Law, the facility shall not be located within fifty feet (50') of a residentially zoned parcel. This distance shall be measured in a straight line from the closest exterior wall of the building in which the business is conducted, or proposed to be conducted, to the closest exterior wall of the residence or the boundary line of the residentially zoned, but currently vacant parcel.

   F.   Unless prohibited by State Law, the facility shall not be located within three hundred feet (300') of a public or private 9-12 school. This distance shall be measured in a straight line from the closest property line where the business is conducted, or proposed to be conducted to the closest property line of the public or private 9-12 school building.

   G.   Unless prohibited by State Law, the facility shall not be located within three hundred feet (300') of a building used for preschool, public or private K-8 school. This distance shall be measured in a straight line from the property line of the preschool, public or private K-8 school to the closest property line of the business.

   H.   Unless prohibited by State Law, the facility shall not be located within fifty feet (50') of a public park, or public community center. This distance shall be measured in a straight line from the property line in which the business is conducted, or proposed to be conducted, to the property line of the public park.

   I.   Retail locations shall have operating hours not earlier than eight o'clock (8:00) A.M. and not later than eight o'clock (8:00) P.M.

   J.   Drive-through services are prohibited.

   K.   The facility shall provide for proper disposal of marijuana remnants or byproducts, and not to be placed within the facility's exterior refuse containers.

   L.   Marijuana shall not be consumed on the premises, including any accessory structures, parking lot or parking areas. (Ord. 21-904, 3-22-2021)

   A.   All vehicular access to the facility shall be onto an arterial or collector road.

   B.   Wherever an off-street parking area is adjacent to a residential use, a continuously obscuring wall, fence and/or landscaped area at least six feet (6') in height shall be provided. (Ord. 18-880, 7-23-2018)

See section 21-3-1.21, "Group Care Homes", of this section 21-3-1 for persons without disabilities.

   A.   A completed registration form shall be submitted to the Community Development Department on a form established by the Zoning Administrator. Registration shall become effective upon issuance of zoning clearance for the home and shall terminate when the home use ceases. No registration/clearance shall be accepted or approved for a home that does not comply with the conditions listed within this section.

   B.   Resident care homes shall comply with all applicable Federal, State and local requirements for the location, development and operation of such homes and the provision of safe outdoor recreation areas and gross floor areas for every person that the home is licensed to accommodate.

   C.   No more than five (5) resident care homes with ten (10) or fewer unrelated residents with one or more disabilities may be located within one-half (½) mile (2,640 foot) radius as measured from the property lines.

   D.   Resident care homes shall not be located within one thousand two hundred feet (1,200'), as measured from the property lines, of another resident care home or a group care home facility.

   E.   All administrative activities, including staffing, counseling, and other visitations, shall serve only residents of the residential care home.

   F.   As a reasonable accommodation for persons with a disability, strict compliance with the standards set out in this section may be waived by the Zoning Administrator in accordance with the requirements stated herein. A request for such a reasonable accommodation waiver must be in writing and filed with the Zoning Administrator. In all cases, the Zoning Administrator, or his/her designee, shall make findings of fact in support of his/her determination and shall render his/her decision in writing. The Zoning Administrator may meet with and interview the person making the request in order to ascertain or clarify information sufficiently to make the required findings and/or may request additional information such as a site plan, floor plan, maximum number of residents, transportation methods or description of daily activities. To grant a reasonable accommodation waiver, the Zoning Administrator shall find affirmatively all of the following:

      1.   The request will be in compliance with all applicable Zoning, Building and Fire Codes.

      2.   The request will not create traffic impacts, parking impacts, impacts on air, water or sewer systems, or other similar adverse impacts.

      3.   Profitability or financial hardship of the owner/service provider of a facility shall not be considered by the Zoning Administrator in determining to grant a reasonable accommodation waiver.

      4.   An appeal of the decision of the Zoning Administrator may be made regarding reasonable accommodation to the Board of Adjustment pursuant to section 21-6-2.11 of this chapter. (Ord. 18-880, 7-23-2018)

   A.   The facility shall meet Fire Code, Building Code and any other applicable regulations.

   B.   All vehicular access for high schools, middle schools, boarding schools, or colleges shall be from an arterial or collector roadway; vehicular ingress and egress to local streets is prohibited.

   C.   Elementary schools shall not be located adjacent to arterial roads or roads with higher functional roadway classifications.

   D.   A separate conditional use permit shall be required for any additional accessory uses customarily found in conjunction with schools, including dormitories, stadiums, outdoor recreational lighting, and auditoriums which were not specifically described when the CUP was originally approved.

   E.   Schools shall comply with the building setback and building height requirements established by the zoning district for which the school is located; unless modified as part of the CUP process. (Ord. 18-880, 7-23-2018)

   A.   All storage shall be completely within enclosed buildings.

   B.   A use may combine indoor storage with outside storage only if both uses are permitted or conditionally permitted and approved in that district. If combined with said use, indoor storage facilities shall additionally comply with the provisions of section 21-3-1.30 of this section 21-3-1, outdoor storage.

   C.   Doors to individual storage units shall not face any abutting public street frontage, or, if the site is located on a corner parcel, shall not face the primary public street frontage.

   D.   No business activity other than rental of storage units shall be conducted on the premises.

   E.   All self-storage rental contracts shall include clauses prohibiting: 1) the storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals, and 2) the use of the property for purposes other than dead storage.

   F.   An accessory structure for a management office may be allowed on site, subject to regulations specified in section 21-3-2 of this article, accessory buildings, structures and uses. (Ord. 18-880, 7-23-2018)

   A.   Service stations shall not include:

      1.   Any outdoor service or repair operations, other than the dispensing or installation of gasoline or other minor services for customers as related to such dispensing or installation;

      2.   There shall be no sale, rental, display, long-term parking, or storage of vehicles, boats, trailers, machinery or other similar equipment; or

      3.   There shall be no outdoor storage or display of vehicle components and parts, supplies or equipment, except within an area defined on the project approved site plan and which extends no more than ten feet (10') beyond the building.

      4.   Service bay doors may not face I-10, Frontier Street or residential neighborhoods.

      5.   All fuel pumps and/or pump islands shall be covered by a canopy that matches or complements the design of the main structure.

      6.   Electric charging stations may count towards required parking spaces.

      7.   Under canopy mounted lights shall be flush with the underside of the canopy. All additional outdoor lighting shall be subject to the requirements of section 21-4-5, "Outdoor Lighting", of this chapter.

      8.   Any signs, logo or identifying paint scheme on the primary building, canopy or gas price signs shall adhere to the applicable sign regulations provided in section 21-4-3 of this chapter. (Ord. 18-880, 7-23-2018)

   A.   Locational Criteria: The City will utilize the following criteria to identify appropriate locations within the City for utility scale solar uses:

      1.   Located south of Interstate 10.

      2.   Located approximately ½ mile from an Interstate 10 traffic interchange and a minimum of two thousand two hundred feet (2,200') from the southern right of way boundary of Interstate 10.

      3.    For formal, complete applications filed with the City after March 1, 2024, the project must be located contiguous to an existing and/or approved utility scale solar generation facility for a minimum distance of two thousand six hundred feet (2,600') (south of Interstate 10 only) and Section 21-3-1.39 (Acreage Limitation and Expansion) has not been exceeded.

   The City may utilize the following criteria to assist in the siting of appropriate utility scale solar uses:

      1.   Located proximate to an existing or designed and capital funded electrical substation, transmission line or other satisfactory inter-tie location.

      2.   Located on a previously utilized site exhibiting challenging characteristics for reuse (i.e. existing brownfield site, aggregate extraction site, etc.) and/or a site exhibiting low vegetative, ecological and/or cultural resource values.

   B.   Acreage Limit and Future Expansion: The cumulative acreage maximum for utility scale solar generation, including associated BESS uses, in the City of Eloy is eleven thousand seven hundred forty-four (11,744) acres (sixteen percent (16%) of the City's total incorporated area). The ability to increase the cumulative acreage maximum may only occur with a formal written request to the City Council by the Applicant. The burden of proof to substantiate such request will be the sole responsibility of the Applicant, prior to the acceptance of any entitlement, site plan or building plans by the City of Eloy.

   C.   Conforming Development: That development of the utility scale solar generation and associated BESS project shall be in compliance with the Conditional Use Permit (CUP) narrative or Planned Area Development (PAD) document and/or the Eloy Zoning Ordinance.

   D.   Project Zoning Amendments: Any major changes or modifications to the subject CUP or PAD shall be reviewed and processed in accordance with those procedures outlined in the Eloy Zoning Ordinance, as may be amended from time to time. Locations proposed for utility scale solar with underlying PADs, previously adopted by the City Council, may be amended to add Utility Scale Solar as a permitted use and shall not be severed. If PAD severing is proposed, the portion of the PAD proposed for utility scale solar shall voluntarily rescind its PAD entitlements and revert to its base zoning districts. That portion of the PAD not proposed for utility scale solar shall retain its PAD status. If the resulting base zoning districts do not permit utility scale solar, such areas will be voluntarily downzoned to R1-43, R1-54, RR2.5, RR-5, or RR-20 and the entire area will be reviewed and approved with a Conditional Use Permit. The Zoning Administrator, or his/her designee, may administratively approve minor amendments and will determine the difference between major and minor amendments.

   E.   Site Plan Approval: The property owner/agent shall submit and receive Eloy Planning and Zoning Commission approval for the Site Plan for the entire project prior to obtaining construction plan approval.

   F.   Utility Scale Solar Development Standards: The development standards identified in Table 3-1-1 of this section apply to all principal uses and structures, except as otherwise expressly stated in this chapter. Regulations governing accessory uses and structures are identified in Section 21-3-2 of this chapter.

 

 

   G.   Development Conditions of Approval: The following minimum conditions of approval shall be imposed on every utility scale solar generation and associated BESS project.

      1.   Pre and Post Construction Property Maintenance: A Site Maintenance Agreement shall be mutually executed between the Property Owner or the Property Owner's designee and the City (as a condition of approval) to ensure that all undeveloped portions of the subject property shall be maintained in a natural, debris-free, and weed-free condition. Subsequent to the construction of the solar arrays, native low growing vegetation shall be used to stabilize the site for the duration of the facility's use. Weed control or mowing shall be performed routinely and a performance bond reflecting the costs of such maintenance for a period of six (6) months shall be posted and maintained by the Property Owner or the Property Owner's designee. Solar panels shall be repaired or replaced or removed when they are either nonfunctional or in visible disrepair. Persistent failure, over a period of six (6) months, to maintain the site or its improvements may result in revocation of the conditional use permit or planned area development entitlements and initiate the facility's decommissioning by the City of Eloy.

      Prior to revoking a conditional use permit or zoning, and prior to initiating a partial or complete decommissioning of any project, the City must provide the Property Owner or the Property Owner's designee with official notice of the City's intent to revoke via certified mail. The notice shall identify each specific reason for the commencement of the revocation or decommissioning process and shall provide the Property Owner or the Property Owner's designee with thirty (30) calendar days to remedy the issue identified in the notice. If the remedy requires more than thirty (30) calendar days to complete, the Property Owner or the Property Owner's designee shall, within the thirty (30) calendar day period, respond and inform the City, identifying the scope of work and requesting a reasonable timeframe to remedy the identified issue(s). The City and Property Owner or the Property Owner's designee shall mutually determine the appropriate timeframe to completely resolve the issue(s). In the event that thirty (30) calendar days pass and the issues have not been completely resolved nor has the City received any written correspondence from the Property Owner or the Property Owner's designee the City may place the item on a City Council Agenda to allow public comment and input from the Property Owner or Property Owner's designee prior to considering a revocation of the conditional use permit (or other entitlement on the property), commencing decommissioning of the project, or providing the Property Owner or Property Owner's designee additional time to remedy the issue(s). The specific process for this revocation procedure shall be set out in the Site Maintenance Agreement and the revocation and decommissioning process described herein can only be pursued for allegations related to violations of the Site Maintenance Agreement and/or the International Property Maintenance Code (IPMC)

      2.   Perimeter Landscape Treatment: The property owner/developer shall coordinate with City Staff to select appropriate drought tolerant landscape vegetation (from the Pinal AMA Low Water Use Plant List prepared by the Arizona Department of Water Resources) to be located in a minimum ten (10) foot landscape setback along all minor and major arterial frontages of the project. The landscape setback along Sunland Gin Road, Toltec Road, Sunshine Boulevard, Phillips Road, Harmon Road, and Pretzer Road shall be a minimum of thirty feet (30'). Unless otherwise agreed to by the Zoning Administrator, all landscape areas are to be initially served with a drip irrigation and water tank storage system and irrigated on a regularly scheduled basis to promote vigorous vegetative health and growth. If municipal water service is extended to within four hundred (400) feet of the project boundary, the irrigation system shall be retroactively extended, connected and activated for use. Landscaping and irrigation systems shall be maintained throughout the life of the project by the developer.

      3.   Utility Scale Solar Generation Perimeter Security: The entire perimeter of the subject utility scale solar generation facility shall be enclosed, at a minimum with a chain link fence, powder coated sage green, and erected to a height of seven (7) feet as measured from the finish grade of the land prior to the commencement of operations of the utility scale solar generation facility. The fence shall be maintained in an upright and functional condition pursuant to the executed Site Maintenance Agreement and the adopted National Electric Code.

      4.   Lighting: Any on-site lighting provided for the operational phase of the utility scale solar generation or BESS Facility shall comply with Section 21-4-5: Outdoor Lighting of the Eloy Zoning Code.

      5.   Noise: Noise from Utility Scale Solar Facilities shall be subject to the provisions governing noise from Section 13-15 and 13-16 of the Eloy City Code.

      6.   Construction/Building Inspections: The Applicant shall allow designated City of Eloy third-party inspectors as well as City employee's access to the utility scale solar generation facility premises with forty-eight (48) hour notice for inspection purposes as set forth in their application.

      7.   Pre-Operational Training: The Applicant shall arrange a training session with the Eloy Fire District to familiarize personnel with issues unique to the utility scale solar generation facility prior to the initiation of solar operations.

      8.   Regulatory Compliance: The utility scale solar generation facility shall be designed, constructed, and tested to meet relevant local, state, and federal standards, as applicable.

      9.   Regional Land Use Impacts and Mitigation: At the discretion of the Zoning Administrator, the Property Owner or Property Owner's designee shall contact existing/proposed land use entities (i.e. Sawtooth Airfield, Kitt Peak Observatory, farms, etc.) to discuss and memorialize in written form, the potential impacts of the project. Such dialogue shall be submitted to the Zoning Administrator for review and reference.

      10.   Minor and Major Arterial Road Dedication: The property owner/developer shall dedicate the full right of way for all minor and major arterial roads (as identified on the City's adopted General Plan-Circulation Map) or as identified by the Eloy Public Works Director prior to obtaining a building permit. The half-street dedication for major arterial rights of way for Sunland Gin Road, Toltec Road, Sunshine Boulevard, Phillips Road, Harmon Road, and Pretzer Road (Gateways), shall be increased to eighty-three (83) feet to increase the standard twelve (12) foot landscape area to a total of a thirty (30) foot landscape area.

      11.   Interim Arterial Road Improvements: The property owner/agent shall improve all perimeter minor and major arterial roads located along the proposed utility scale solar generation and associated BESS project boundary (or internal to the project boundary) with a double chip seal pavement width of twenty-eight (28) feet within the projects' half-street rights of way. The subbase of such roadways shall be six (6) inches of aggregate base course material. Low water crossings shall be installed at grade, in locations where drainage model shows flow, and side ditches on the side of roads shall capture regular storm flows and convey flows along current drainage paths.

         a.   Internal Project Roadway Emergency Response Access: The property owner/agent shall coordinate with the Eloy Fire District on the required roadway cross section to provide adequate internal circulation necessary to serve a vehicle with seventy five thousand (75,000) gross vehicle weight from the project vehicular access points to key internal project components (i.e. inverters, batteries, etc.) for fire and emergency response apparatus.

         b.   Battery Energy Storage Systems: The provision of a battery energy storage system, only associated with the utility scale solar generation facility, shall only be located within the boundaries of the benefitting utility scale solar generation facility.

   H.   Project Decommissioning: Successful decommissioning of the utility scale solar generation facility and BESS (as applicable) shall entail the preparation of a decommissioning plan, cost estimate, financial assurances, and the complete removal of non-operational above and below ground improvements. If the State of Arizona adopts statewide solar generation facilities decommissioning rules and/or standards subsequent to the City's adoption of the provisions below, the City reserves the right to review the adopted State rules and/or regulations and to incorporate all, or portions thereof, through an executed amendment of this ordinance.

      1.   Decommissioning Plan: The Applicant shall submit a decommissioning plan to the City of Eloy for approval prior to, or in conjunction with, the building permit submittal. The purpose of the decommissioning plan is to specify the procedure by which the Applicant, or its successor, would remove the above and below ground improvements associated with the utility scale solar generation (and if applicable BESS) facilities to a depth of forty-eight (48) inches after the end of their usefulness and to restore the property for immediate non-solar related uses.

      2.   Decommissioning Cost Estimate: The decommissioning plan shall include a decommissioning cost estimate prepared by an independent third-party Arizona licensed professional engineer mutually agreed upon by the Applicant and the City which will quantify the gross estimated cost to decommission the utility scale solar generation facility (and BESS Facility, if applicable) in accordance with the decommissioning plan and these conditions. If the decommissioning cost estimate includes any estimates or offsets for the resale or salvage values of the utility scale solar generation facility, or BESS equipment and materials, it shall be supported by an attached bid (dated within six (6) months) from a third party vendor confirming their intent to buy and/or salvage the identified solar generation components. The cost of preparing the estimate shall be paid by the Applicant.

      3.   Decommissioning Cost Estimate Update: The applicant, or its successor, shall cause the independent third-party Arizona licensed professional engineer to update the decommissioning cost estimate every seven (7) years. The cost of preparing this update shall be paid by the Applicant.

   I.   Decommissioning Financial Assurances: Prior to the City's approval of the building permit, the Applicant shall provide financial assurances to ensure that decommissioning can successfully occur by choosing either of the following options:

      1.   Letter of Credit or Surety Bond for Full Decommissioning Cost and Guaranty: A letter of credit issued by a financial institution that has (i) a credit rating of at least Baa3 or higher by Moody's or BBB- or higher by Standard and Poor's; and financial ratios and capitalization requirements that are acceptable to the City, in the full amount of the decommissioning estimate; or

      2.   Tiered Securitization: An amount equal to, or more than, ten percent (10%) of the approved decommissioning cost estimate to be deposited in a cash escrow account at a financial institution acceptable to the City of Eloy; or an amount equal to, or more than, ten (10) percent of the decommissioning cost estimate in the form of a letter of credit or surety bond issued by a financial institution that has a credit rating of at least "A-" from Standard & Poor's or A3 from Moody's and assets (50%) and capital surplus (50%) totaling at least $10,000,000,000, or an A.M. Best financial strength rating of at least "A- (Excellent) or other credit rating and capitalization reasonably acceptable to the City of Eloy, with the amount of the letter of credit or surety bond increasing by an additional ten percent (10%) each year in years 2-9 after commencement of operation of the utility scale solar generation facility.

      3.   Letter of Credit Adjustment: Following each revision of the decommissioning cost estimate, the Applicant shall adjust the value of the letter of credit to one hundred (100) percent of the then-current decommissioning cost estimate.

      4.   Decommissioning Securitization Review: Upon the receipt of the first revised decommissioning cost estimate (following the seventh (7th) year anniversary), any increase or decrease in the decommissioning securitization shall be funded by the applicant or refunded to the applicant (if permissible by the form of security) within ninety (90) calendar days and will be similarly readjusted for every subsequent seven (7)-year decommissioning cost estimate update.

      5.   Receipt of Securitization Funds: The assurance must be received prior to the approval of the building permit and must remain in full force for the duration of the life span of the utility scale solar generation facility and until all decommissioning is completed to the satisfaction of the City of Eloy. If the City receives notice or reasonably believes that any form of assurance has been revoked, or the City receives notice that any assurance may be revoked, the City may, after providing notice and a reasonable opportunity to post a replacement security, revoke the conditional use permit or planned area development entitlement and shall be entitled to take all actions necessary to obtain the rights to the securitized funds.

   J.   Applicant/Property Owner Obligation: Within six (6) months after the complete cessation of use of the utility scale solar generation facility for electrical power generation or transmission, the applicant or its successor, at its sole cost and expense, shall initiate, and provide continuous, decommissioning of the utility scale solar generation facility in accordance with the mutually approved decommissioning plan. If the Applicant or its successor fails to complete all decommissioning of the utility scale solar generation facility, in accordance with the schedule provided in the mutually approved decommissioning plan, the property owners shall immediately commence decommissioning activities in accordance with the decommissioning plan. Following the completion of decommissioning of the entire utility scale solar generation facility and payment for such costs, arising out of a default by the applicant or its successor, any remaining securitized funds held by the City shall be distributed to the property owners(s) in the same percentage of the securitized funds matched with the percentage of the property owner's acreage ownership of the utility scale solar generation facility.

   K.   Applicant/Property Owner Default; Decommissioning by the City of Eloy: If the Applicant, its successor, or the property owner(s) fail to decommission the utility scale solar generation facility pursuant to the mutually approved decommissioning plan and the City has not approved a repowering of the solar generation facility, the City shall have the right, but not the obligation, to commence decommissioning activities and shall have access to the property, and shall have the right to draw on securitized funds up to the amount of the actual decommissioning costs, and the rights to the utility scale solar generation facility and BESS equipment and materials remaining on the property. If applicable, any excess decommissioning securitized funds shall be returned to the current owner of the property after the City has completed the decommissioning activities and paid all outstanding invoices. Nothing herein shall limit other rights or remedies that may be available to the City to enforce the obligations of the Applicant, including under the City's zoning powers.

      1.   Equipment/Building Removal: All physical improvements, materials, and equipment related to solar energy generation, shall be removed from the surface and the subsurface to a depth of forty-eight (48) inches. The pre-existing soil grade will also be restored following disturbance caused in the removal process. All perimeter fencing will be removed and recycled or reused. Upon approval of the Zoning Administrator, or his/her designee, the existing perimeter fencing may remain in place.

      2.   Infrastructure Removal: All access roads located within private property will be removed. The exception to removal of the access roads and associated culverts or their related material would be based upon written request from the current or future landowner to allow all, or a portion of these facilities to remain in place for use by that landowner.

      3.   Partial Decommissioning: If decommissioning is triggered for a portion, but not the entire utility scale solar generation facility, then the applicant or its successor will commence and complete decommissioning, in accordance with the decommissioning plan, for the applicable portion of the utility scale solar generation facility; the remaining portion of the utility scale solar generation facility would continue to be subject to the decommissioning plan.

(Ord. 18-880, 7-23-2018; amd. Ord. 23-950, 8-28-2023)

   A.   Tiny houses shall be built and inspected in accordance with adopted City of Eloy Building Code(s), including required electric and plumbing inspections.

      1.   Tiny houses shall be allowed in the R-2, Small Lot Residential Residential Zoning District where detached single-family dwellings are identified as permitted uses and shall meet all of the development standards and design guidelines of this zoning district.

      2.   Tiny houses built on trailers, where the suspension/axle components have been removed and the chassis permanently attached on an approved foundation, shall be permitted in Residential Zoning Districts allowing detached single-family dwellings and shall meet the development standards and design guidelines of the underlying zoning district.

      3.   Tiny houses built on trailers where the suspension/axle components are not removed are considered semi-permanent. As such, the chassis shall be attached on an approved foundation system, and shall be permitted in zoning district(s) allowing manufactured homes as a permitted use and shall meet all of the development standards and design guidelines of the underlying zoning district.

      4.   Tiny houses licensed as travel vehicles by the State of Arizona are considered as a non-permanent house and must be self-contained. These structures shall be considered as a permitted use similar to recreation vehicles. Such travel vehicles are within the purview of ADOT.

      5.   Tiny houses proposed as an accessory structure shall conform to the same development standards for accessory structures as provided within the underlying zoning district. More specifically, a tiny house that is to function as an accessory dwelling unit may not contain kitchen facilities that would transform such structure into a second dwelling unit on any one parcel, which is only permitted as a principal structure in the R-2, Small Lot Residential Zoning District.

      6.   A tiny house park shall require Small Lot Residential (R-2) Zoning; be submitted, reviewed and considered under the site plan review procedures and requirements of section 21-6-11 of this chapter; and conform to the development standards and design guidelines of the R-2, Small Lot Residential Zoning District. (Ord. 18-880, 7-23-2018; Ord. 19-888, 10-14-2019; Ord. 21-911, 7-26-2021)

The purpose of this section 21-3-2 is to identify and regulate accessory buildings, structures and uses in all zoning districts that are incidental and customarily subordinate to principal uses. (Ord. 18-880, 7-23-2018)

   A.   All principal uses allowed in a zoning district shall be deemed to include those accessory buildings, uses, structures, and activities typically associated with the use as described in the principal uses definition provided in section 21-9-1, "Definitions", of this chapter, unless otherwise specified or specifically prohibited within this section 21-3-2.

   B.   Accessory buildings, uses or structures not specifically defined within this chapter, shall be subject to subsections 21-2-2.3H, 21-2-3.3G, and 21-2-4.2G, "Non-Specified Uses", of this chapter.

   C.   No accessory building, structure, use or conditional use, shall be erected or permitted on any lot or parcel until the principal building or use has been established or erected; unless both principal and accessory buildings and conditional uses are being established simultaneously. (Ord. 18-880, 7-23-2018)

   A.   Unless otherwise expressly stated, accessory buildings, structures and uses are subject to the same lot and building regulations as apply to principal uses and buildings.

   B.   Accessory buildings, structures and uses shall be designed as an integral part of the principal structure and should be similar in architectural style, materials, colors, and similar features.

   C.   Accessory buildings and structures shall not exceed the height regulations of the underlying zoning district for said lot within any part of the permitted buildable lot area, and shall not exceed fifteen feet (15') in height in any required side or rear yard.

   D.   Accessory buildings and structures, except for accessory dwelling units defined in subsection 21-3-2.6A of this section 21-3-2, shall not be used for living or sleeping quarters.

   E.   If the principal building, structure or use is destroyed, removed or ceases to exist, the utilization of the accessory building, use or structure shall no longer be allowed.

   F.   In the case of any conflict between the accessory building, use or structure standards of this section and any other requirement of this Code, the more restrictive standards shall control. (Ord. 18-880, 7-23-2018)

   A.   Accessory uses and structures must be operated and maintained under the same ownership and located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated. Accessory structures shall be prohibited on vacant parcels with no principal use established.

   B.   Accessory buildings, uses or structures shall not be erected in any right-of-way, easement, street side yard building setback, or required front yard setback.

   C.   No accessory building (e.g., freestanding garage, carport, workshop, pool house, etc.) shall be located within ten feet (10') of the site's principal building. If attached by any part of a common wall or covered roof to the principal building, said building shall be deemed a part of the principal building and shall conform to the development standards of the principal building.

   D.   Accessory structures (e.g., fence, deck, trellis, sun shade, etc.) may be attached or detached from the principal building. All required separation for applicable Building and Fire Codes shall also be met.

   E.   The accessory building, use or structure shall have a setback of at least five feet (5') from every side and rear property line, except that the setback shall be the same as required for the principal building in the zoning district in which the accessory building or structure is located whenever the accessory building or structure exceeds fifteen feet (15') in height. This includes movable structures, for single-family residential lots, such as children's play equipment and domesticated farm animal shelters.

      1.   Exceptions: The following structures are exempt from the accessory structure setback requirements:

         a.   Trash enclosures, tool sheds, and pet shelters for single- family residential lots, that are six feet (6') or less in height may be placed within a required rear or side yard setback without limitation on location, provided in no event shall the roof of said structures be designed to allow water to drain onto adjacent property. (Ord. 18-880, 7-23-2018)

   A.   The maximum gross floor area of any accessory building or structure shall not exceed the building footprint of the principal building. However, the provisions of this paragraph shall not apply to the RR-20, RR-5 and RR-2.5 or any of the Commercial and Industrial Zoning Districts, which may exceed the building footprint of the principal building.

   B.   Both principal and accessory buildings/structures together must comply with the applicable lot coverage requirements established by this chapter. (Ord. 18-880, 7-23-2018)

   A.   Accessory Dwelling Unit:

      1.   No more than one accessory dwelling unit may be located on any lot.

      2.   For residential uses, an accessory dwelling unit shall be permitted only on a lot having eight thousand (8,000) square feet or more in area. The accessory dwelling unit shall have an architectural design and exterior building materials that are compatible with the principal building.

      3.   Mobile homes, manufactured housing, or recreational vehicles shall not be used as accessory dwelling units.

      4.   The accessory dwelling unit and the principal residence shall share utilities. Separate utility meters shall not be allowed.

      5.   A maximum of one separate bedroom shall be permitted per accessory dwelling unit.

      6.   At least one off-street parking space shall be provided for each accessory dwelling unit.

   B.   Watchman's Quarters: In order to provide increased security within the Industrial Zoning Districts a watchman's quarters may be provided as an accessory use under the following conditions:

      1.   Watchman's quarters shall only be permitted within the BP, I-1 and I-2 Zoning Districts subject to the approval of a conditional use permit. Before granting a CUP, the Council shall determine that there is a direct link to the principal use and there is a bona fide need for the increased residential presence. Additional conditions of approval beyond those listed in this subsection may be required to ensure compatibility with adjacent uses.

      2.   The watchman's quarters must clearly be accessory to the principal use, which must also be active at the time of CUP application and approval.

      3.   Only one watchman's quarters per lot shall be permitted.

      4.   Watchman's quarters shall be attached units and must be an integral part of the principal building and may not exceed forty percent (40%) of building floor area, with a maximum quarter's size of one thousand (1,000) square feet.

      5.   Watchman's quarters shall meet Fire Code, Residential Building Code and any other applicable codes or regulations.

      6.   A watchman's quarters shall consist of sleeping, kitchen, and bathroom facilities, and for the purposes of this section, shall not be considered an accessory dwelling unit.

      7.   There shall be no payment of rent by the occupant of the quarters.

      8.   The watchman's quarters and the principal building or use shall share utilities. Separate utility meters shall not be allowed.

      9.   At least one off-street parking space shall be provided for a watchman's quarters.

      10.   If the principal building or use is destroyed, removed or ceases to exist, the utilization of the watchman's quarters shall no longer be allowed. (Ord. 18-880, 7-23-2018)

Cargo containers are permitted as an accessory use in General Commercial (C-2), Business Park (BP), Light Industrial (I-1), General Industrial (I-2) and Aviation Overlay (AO) Zoning Districts subject to the following conditions:

   A.   A building permit shall be obtained at the Community Development Department prior to installation of a cargo container as a permanent accessory use. Temporary placement of cargo containers, solely used for the transport or storage of goods, in conformance with permitted uses of the subject property shall not require a building permit.

   B.   Cargo containers shall be located on the side or rear of the principal building and must meet all development standards including setbacks, lot coverage and height regulations for the zoning district in which it lies and must also meet Fire Code requirements for placards as is necessary.

   C.   Cargo containers may not occupy any required off-street parking spaces with the exception of temporary use during construction activities authorized by a City of Eloy building permit.

   D.   Cargo containers may not be stacked, except when used for cargo purposes in the Light Industrial (I-1) or General Industrial (I-2) Districts.

   E.   Cargo containers shall not be connected to any utilities.

   F.   Licensed building contractors may use cargo containers in any zoning district for temporary storage of equipment and/or material at a construction site that has a valid building permit.

   G.   Cargo containers shall be painted in an earth tone color, shall not be used for advertisement, and shall be screened from public view with landscaping or an opaque screen wall/fence, as determined by the City of Eloy Zoning Administrator.

   H.   Containers that are designed to be used for storage and appear to be cargo containers, yet do not meet the specifications for commercial shipping, packing or transportation of freight, shall comply with the requirements of this section. (Ord. 18-880, 7-23-2018)

   A.   Permitted in any zone: The keeping, in connection with each permitted dwelling, of not more than three (3) pets, such as dogs, cats, and similar household pets, exclusive of animals under the age of six (6) months, and exclusive of birds, fish and other pets which at all times are kept within a fully enclosed building or accessory building and which do not create odor or sound which is detectable on an adjoining lot.

   B.   The keeping of large livestock is allowed in the RR-20, RR-5 and RR-2.5 Zoning Districts. Large livestock shall be limited to four (4) large animals per acre. Any shelter, stables, stalls, corrals, or pens for the animals shall adhere to the same development standards as required for the principal use in the zoning district in which the animals are located.

   C.   Chicken hens and pullet are allowed in all Residential Zoning Districts subject to any applicable health, sanitation, and nuisance laws. Roosters shall only be allowed in the RR-20, RR-5 and RR-2.5 Zoning Districts. Chickens shall be kept within enclosed coops, pens, or cages that comply with all applicable accessory setbacks of the respective zoning district. All lots less than ten thousand (10,000) square feet shall be limited to no more than five (5) chickens per lot.

   D.   Places where animals are kept shall be maintained so that flies, insects, or vermin, rodents, odors, ponded water, the accumulation of manure, garbage, refuse or other noxious material does not disturb the peace, comfort, or health of any person.

   E.   No person shall keep or maintain any poisonous reptile or dangerous, carnivorous, wild exotic animal without having approval from the Arizona Game and Fish Department and meeting all County and City animal control regulations. The animals or reptiles shall be safely penned or caged and kept in accordance with all requirements of State, County and City regulations. (Ord. 18-880, 7-23-2018)

   A.   Outdoor display and/or sale of merchandise may be allowed as an accessory use for all commercial, mixed-use and industrial uses, provided that the display meets the following guidelines and regulations:

      1.   Site Plan: Outdoor display and/or sale area shall be clearly defined on a site plan and approved by the Zoning Administrator and may be subject to appropriate conditions by the Administrator to ensure compliance with the provisions of this section.

      2.   Exceptions: A permanent outdoor retail display area which is an integral part of a business, including but not limited to, garden centers and auto, boat, and RV dealership display lots shall obtain plan approval with all applicable site development/improvements.

   B.   Shall be a fixed location that does not disrupt the normal function of the site or its circulation, and does not encroach upon required driveways, landscaped areas, parking lots, sidewalks, loading zones, or fire lanes. Displays shall not obstruct any entrance to a building or traffic safety sight areas or otherwise create hazards for pedestrian or vehicle traffic.

   C.   Display/sale of goods shall not be in any public right-of-way.

   D.   Shall directly relate to a business occupying a permanent structure on the same site, and shall display only goods of the primary business on the same site, unless associated with a non- profit organization.

   E.   Shall be limited to the hours of operation of the business and portable and removed from public view at the close of each business day, unless otherwise permitted through the site plan or development review process.

   F.   No merchandise shall be affixed to the exterior of a building or displayed so as to impede or interfere with the reasonable use of the store front windows for display purposes.

   G.   Shall be managed so that display structures and goods are maintained at all times in a clean and neat condition, and in good repair.

   H.   All signage shall adhere to section 21-4-3, "Signage", of this chapter. (Ord. 18-880, 7-23-2018)

   A.   Associated With On Site Primary Use: Outdoor storage associated with an on-site primary use is permitted subject to the following conditions; however, the provisions of this paragraph shall not apply to outdoor storage associated with industrial or agricultural uses:

      1.   Storage areas must be fully screened from view by an opaque fence or concrete/masonry block wall that is no less than six feet (6'), but no more than eight feet (8') in height. A landscaped earthen berm may be used instead of or in combination with a required fence or wall.

      2.   The storage area screen fence/wall shall incorporate exterior colors and/or finishes to match the primary building.

      3.   Stored materials shall not exceed the height of the lowest screen fence/wall, except as provided elsewhere in this chapter.

      4.   Storage area gates must be opaque.

      5.   Storage areas shall be paved in compliance with City standards.

      6.   Storage areas shall not be located within a required off- street parking or loading area.

      7.   No storage of any items may occur within the front setback area or within the street side yard building setback.

   B.   Outdoor Vehicle Storage: The intent of outdoor vehicle storage standards is to protect the health, safety, and welfare and ensure neighborliness and aesthetic quality for the residents and business owners within the City's zoning jurisdiction. The following standards apply:

      1.   Non-Residential Districts:

         a.   The on-site outdoor storage of any personal vehicles, commercial vehicles, a boat and trailer, recreation vehicle, motor home, truck tractor, semi-trailer, trailer or equipment of a similar nature when it is not associated with the business of the property shall be prohibited in Non-Residential Districts for a period greater than forty eight (48) consecutive hours, except where expressly permitted by other provisions of this chapter.

      2.   Residential Districts:

         a.   No person shall store any vehicle not owned or leased by that person or a member of that person's family, or household, on any property in a Residential Zoning District.

         b.   In all Residential Zoning Districts, it shall be prohibited for any person to park or store any personal or commercial vehicle having a gross vehicle weight rating (GVWR) exceeding ten thousand (10,000) pounds, except:

(1) Temporary parking is permitted for the purpose of delivery or the loading and unloading of household or permitted home occupation goods; and

(2) The storage of recreational vehicles shall also be subject to subsection E, "Recreational Vehicles", of this section.

   C.   Vehicle Service:

      1.   No person shall dismantle, repair, restore or otherwise perform any work on any vehicle, machine, motor, or similar device not owned or leased by that person or a member of that person's family, or household, on any property in a Residential District. In addition, any work beyond basic maintenance performed shall be:

         a.   Incidental to a permitted use and completely within a garage or carport; or

         b.   Completely within a paved area wholly enclosed from the view of surrounding properties and rights-of-way by a solid structural barrier (either a wall or fence of ornamental block, brick, wood, or combination of those materials) of six feet (6') in height.

   D.   Inoperable Or Unregistered Vehicles:

      1.   Any personal vehicles, commercial vehicles and/or personal recreational vehicles, motor homes, utility trailers, camp trailers, boats and similar equipment which are inoperable and/or unregistered shall be parked or stored consistent with the following standards.

         a.   Parking of operable vehicles, trailers, and vessels with registration expired three (3) months or less is permissible under a carport, in a garage, or in an interior paved side yard or rear yard when screened by a solid six foot (6') tall fence, wall or landscape barrier. No parking shall be allowed in the required front yard setback or street side yard setback.

         b.   Inoperable vehicles, trailers, and vessels and/or those vehicles, trailers, and vessels with registration expired for a period greater than three (3) months shall be stored within an enclosed building or structure.

   E.   Recreational Vehicles:

      1.   The parking and/or storage of boats, campers, travel trailers, motor homes, and personal recreational vehicles and trailers are permitted on any residential lot, subject to the following:

         a.   Such equipment shall adhere to the provisions of section 21-4-1.11, "Special Parking Requirements For Residential Uses", of this chapter.

         b.   Parking and/or storing in a required front yard, driveway, or street side yard shall be prohibited unless all of the following conditions exist:

         (1) The vehicle is parked on the designated driveway that provides direct access to the garage from the street or on an improved area having an asphalt, concrete, rock, gravel or other similar surface which is intended for the parking of vehicles;

         (2) The vehicle does not extend over a sidewalk or street, or equestrian path;

         (3) The vehicle is fully operable and legally registered; and

         (4) No more than two (2) such vehicles or trailers are parked or stored in the combined front or street side yard setback areas.

         c.   Temporary parking of more than two (2) recreational vehicles/trailers or recreational vehicles that exceed a gross vehicle weight of ten thousand (10,000) pounds in a required front yard, driveway, or street side yard is permitted for loading/unloading or repairs for no more than forty eight (48) hours within seven (7) consecutive days. The Zoning Administrator may authorize a longer period of time if an emergency exists, up to a maximum of five (5) days.

         d.   Parking of such equipment is permitted within side and rear yards when screened by a solid six foot (6') tall fence, wall, and/or landscape barrier as approved by the Zoning Administrator. Such equipment shall be stored so as to maintain a minimum three foot (3') clearance on at least one side for emergency access.

         e.   Such equipment shall be prohibited for human occupancy as a permanent residence. Temporary occupancy is allowed for periods of no more than four (4) weeks per twelve (12) month period. A temporary occupancy permit must be issued by the Community Development Department. See section 21-3-3, "Temporary Uses", of this article for additional provisions and exceptions.

         f.   Such equipment shall not be used for storage of goods, materials, or equipment other than those items considered to be a part of the recreational vehicle or essential for its use as a recreational vehicle. (Ord. 18-880, 7-23-2018)

   A.   Any swimming pool along with incidental installations, such as pumps and filters, shall be enclosed by a permanent fence, wall or barrier in conformance with this section, and applicable provisions of the International Residential Code and International Building Code as adopted by the City of Eloy and amended from time to time.

   B.   Swimming pools along with incidental installations, such as heater, pump and filter or other mechanical equipment used in association with a private swimming pool, may be located in other than the required front yard provided such pool sits back from all lot lines a minimum distance of three feet (3'). Any such mechanical equipment shall be situated so that no exhaust, vibration, noise, or other nuisance creates a disturbance to the adjoining property.

   C.   The protective pool enclosure and barrier shall not contain openings that might be used for foothold or handhold climbing purposes and shall not be less than five feet (5') nor more than six feet (6') in height.

   D.   Residential structure walls containing exterior entry doors into a pool enclosure area shall comply with the standards in the City's adopted International Residential Code and International Building Code.

   E.   Access to the swimming pool enclosure area from all gates shall be equipped with a minimum five foot (5') high self-closing and self-latching gate which shall open outward away from the pool with the latch/lock placed at least fifty four inches (54") above the underlying ground and with the closing device (spring, pneumatic) at least thirty six inches (36") above the underlying ground. Any vertical openings at the ground level in a pool enclosure fence (e.g., wrought iron) shall be of such size that a spherical object four inches (4") in diameter cannot pass through the openings. Wrought iron or wood barriers or enclosures shall be constructed with at least fifty four inches (54") between the top surfaces of the horizontal members.

   F.   In all Residential Districts, contained bodies of water, either above or below ground level, with the container being eighteen (18) or more inches in depth and/or wider than eight feet (8') at any point, measured perpendicular to the long axis, shall conform to the location and fencing requirements for swimming pools. Irrigation and stormwater retention facilities, and the water features in public parks and golf courses are exempt from the fencing requirements of this section. (Ord. 18-880, 7-23-2018)

This section 21-3-3 allows for the establishment of temporary uses and/or activities that might not meet the normal development or use standards of the applicable zoning district, but may be considered acceptable because of their temporary nature. These activities are regulated to ensure that basic health, safety, and community welfare standards are met, while also ensuring compatibility is maintained between the proposed activity and surrounding areas. (Ord. 18-880, 7-23-2018)

All allowed temporary uses shall obtain a temporary use permit (TUP), (unless otherwise stated in section 21-3-3.3 of this section 21-3-3), pursuant to section 21-6-8, "Temporary Use Permit", of this chapter and provided that the temporary use complies with the standards and/or conditions specified in section 21-3-3.3 of this section 21-3-3. (Ord. 18-880, 7-23-2018)

   A.   All temporary uses and structures, unless otherwise specified, shall comply with the dimensional and development standards of the zoning districts in which they are located. In the case of any conflict, the more restrictive standards, as determined by the Zoning Administrator, shall apply.

   B.   A construction trailer/yard may be permitted in any zoning district during the construction of a permanent building when a valid building permit is in effect, provided the following conditions are met:

      1.   The uses are only associated with the developer/owner and subdivision or project in which they are located.

      2.   Off-street parking shall be provided for the office and construction staff.

      3.   Such structures and uses shall be located on the site no more than thirty (30) days prior to the start of construction and removed no more than thirty (30) days after completion of the project or expiration of the approved TUP, whichever occurs first. Unless satisfactory evidence is provided by the property owner/contractor justifying the need for the extension of these time limitations.

      4.   The construction trailer/yard complex shall be permitted for no longer than one year from the date of such approval and may be renewed for like periods thereafter upon submittal of satisfactory evidence from the property owner indicating that the need for the use continues to exist on the property.

   C.   A temporary sales office, leasing office or model home may be permitted, provided the following conditions are met:

      1.   Such offices shall be located on the property being offered for sale or lease. The temporary structures use shall be limited to the sale or lease of on-site subdivided lots, dwelling units, or other types of on-site real property.

      2.   Off-street parking shall be provided for the sales office or model home.

      3.   All structures must meet all Building Code and permit requirements for the appropriate category of construction.

      4.   Any temporary use permit (TUP) approved for such office shall be limited to a period of time not to exceed two (2) years from the date of issue and said permit may be renewed for like periods thereafter if the real property being offered for sale or leased on the site has not been sold or leased.

      5.   Upon sale of the development, cessation of the need for the use (90 percent buildout) or termination of TUP, whichever comes first, all modifications to structures and uses shall be removed.

   D.   Carnivals, circuses, concerts, revivals, rodeos and similar activities may be permitted, provided the following conditions are met:

      1.   A temporary use permit (private property) shall be obtained or a special event permit when the event is on City property.

      2.   Staff shall ensure that health and fire safety is considered and shall solicit the comments of the Pinal County Health Department and Eloy Fire District Chief/Marshal as necessary.

      3.   Staff shall ensure that land area is adequate for the proposed use's parking; and shall ensure that traffic safety is considered.

      4.   Staff shall require measures to adequately protect surrounding property.

      5.   Permanent structures shall not be allowed.

      6.   A special events permit or a temporary use permit shall pertain to the allowable activity permitted during the time limit of the permit. A change in ownership or sponsor applicant for the same activity during the time limit of the permit shall not constitute grounds for extending the time granted for the activity in the original permit.

   E.   Seasonal and holiday sales, such as Christmas tree or pumpkin sales on any open lot or parking lot in Commercial or Industrial Zones are limited to one sale per calendar quarter, lasting no longer than forty five (45) consecutive days of site occupation and operation.

   F.   Outdoor arts and crafts shows and exhibits subject to not more than fifteen (15) days of operation or exhibition in any ninety (90) day period.

   G.   Outdoor parking lot sale events sponsored by businesses shall be located on paved areas on the same lot as the structure containing the business holding the event and are limited to one sale per calendar quarter, lasting no longer than one week in duration. Rummage and other outdoor sales sponsored by local non- profit organizations are limited to one sale in each six (6) month period.

   H.   Farmer's market subject to not more than two (2) days of operation per seven (7) day period.

   I.   Stands for the sale of produce products are subject to not more than thirty six (36) days a calendar year. Said stands shall not be located within any public right-of-way and shall be kept free of litter and debris. The provisions of this subsection do not apply to the sale of produce raised on the premises.

   J.   A temporary second dwelling unit on a single legal parcel, for guests, relatives, and/or caretakers in a recreational vehicle, for a period of no more than four (4) weeks per calendar year. A temporary occupancy permit must be issued by the Zoning Administrator. The Zoning Administrator may authorize a longer period of time if an emergency exists, up to a maximum of four (4) additional weeks. There shall be no extensions allowed and no re-application permitted within twelve (12) months of the expiration of such permits. Such temporary second dwelling units shall not be used as rentals.

   K.   Other temporary uses or structures may be approved using the process established in section 21-6-8 of this chapter, temporary use permit procedures. (Ord. 18-880, 7-23-2018)