The purpose of this section 21-4-1 is to establish minimum standards for the provisions of adequate off-street parking and loading and maneuvering spaces for the uses permitted by this chapter. The regulations for off street parking and loading have the following specific objectives:

   A.   To provide off-street parking that is safe, efficient, convenient and visually attractive.

   B.   To foster adequate ingress and egress by motor vehicles, recreational vehicles, boats and busses.

   C.   To apply these regulations to new construction and expansion of, or changes to, existing uses permitted by this chapter. (Ord. 18-880, 7-23-2018)

Every use and structure, including a change or expansion of a use or structure shall provide accessory parking and loading areas as set forth below. Except when specifically exempted, the requirements of this section 21-4-1 shall also apply to all parking lots that are the principal use on a site.

   A.   New Buildings And Land Uses: Off-street parking and loading shall be provided as required by this section 21-4-1 at the time any new building or structure is erected or any new land use is established.

   B.   Expansion Of Existing Nonresidential Buildings: When the floor area of an existing structure is increased, additional off-street parking and loading shall be provided as required by this section 21-4-1 for the additional floor area only, provided that the existing parking was legally established and has not been reduced. If the number of existing parking and loading spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking and loading requirements for the addition or enlargement of floor area.

   C.   Addition Of Use To Existing Nonresidential Buildings: When a new use locates on a parcel with an existing use, all off-street parking shall be provided to meet the total number of spaces required for the existing use and the new use, unless the uses meet the requirements of subsection 21-4-1.6D, "Shared Parking", of this section 21-4-1 or alternative guidelines that are expressly allowed by other provisions of this chapter.

   D.   Change In Use Of Existing Nonresidential Buildings: When a change in use requires added off-street parking than the previous use, additional parking and loading spaces shall be provided equivalent to the difference between the number of spaces required by this section for the immediately previous use and the total number of spaces required by the new use. A change in occupancy is not considered a change in use unless the new occupant is in a different use classification than the former occupant.

   E.   Alterations That Increase The Number Of Dwelling Units: The creation of additional dwelling units, through the alteration of an existing building or construction of an additional structure or structures, requires added off-street parking, as required by this section, to serve the new dwelling units. This requirement does not apply when sufficient off-street parking exists to provide the number of spaces required for the existing and new dwelling units.

   F.   When Required: Off-street parking and loading facilities required by this section shall be constructed or installed prior to the issuance of a certificate of occupancy for the uses that they serve. (Ord. 18-880, 7-23-2018)

   A.   Parking And Loading Spaces To Be Permanent: Parking and loading spaces shall be permanently available, marked and maintained in good repair/condition for parking or loading purposes for the use they are intended to serve during the life of the use.

   B.   Reduction In Parking Area: The owner or occupant of any building or use subject to off-street parking requirements under this section shall not discontinue or reduce any existing required parking without first having established other parking spaces which meet all requirements of this section to replace those being lost or except after proof that, by reason of reduction in floor area, seating area or other factors, the proposed reduced area for off-street parking or loading will conform to the requirements of this section. (Ord. 18-880, 7-23-2018)

Required off-street parking, circulation, and access areas shall be used exclusively for the temporary parking and maneuvering of motorized, operative vehicles. In all Non-Residential Zones, parking areas shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the provisions of this chapter. In all Residential Districts, parking shall be restricted per section 21-4-1.11, "Special Parking Requirements For Residential Uses", of this section 21-4-1.

   A.   Located On Same Site: Parking and loading facilities shall be located on the same site with the use the facilities serve or on a contiguous, identically zoned lot that is incorporated into the development site. Off-site parking facilities may be permitted subject to the requirements of subsection 21-4-1.6E, "Off-Site Parking", of this section 21-4-1.

   B.   Located Off-Street: All parking and loading facilities required by this section shall be provided off-street and shall not be located within any public right-of-way, sidewalk, alley, or parkway, unless expressly allowed by other provisions of this chapter.

   C.   Surplus Parking: The provisions of this section shall also apply to parking and loading facilities provided in excess to those required, unless otherwise expressly stated in this chapter.

   D.   Surfacing And Maintenance: With the exception of required parking in the RR-20, RR-5 and RR-2.5 Zoning Districts, all off- street parking shall be paved with asphalt or concrete, and be graded and drained as approved by the City Engineer and shall be maintained in good condition, free of weeds, dust, trash and debris. Paving stones or similar equivalent may be approved by the City Engineer for parking upon parcels in the RR-20, RR-5 and RR-2.5 Zoning Districts. Asphalt surfaces shall, at a minimum, consist of four inches (4") of ABC plus two inches (2") of bituminous wearing surface. In cases of certifiable short term or temporary use, parking lot surfaces may be constructed to a lesser standard if approved by the City Engineer during the development review process. In the case of allowed temporary surfacing, the owner shall provide written guarantees for the development of the parking area within these guidelines with time lines and deadlines calling for the closure of the use, if the deadlines are not met. Concrete surfaces may be substituted and shall, at a minimum, be concrete four inches (4") thick with a strength of not less than three thousand (3,000) pounds per square inch (psi). (Ord. 18-880, 7-23-2018)

Except as otherwise expressly stated, off-street motor vehicle parking spaces must be provided in accordance with table 4.1-1, "Parking Spaces Required", of this section.

   TABLE 4.1-1

   PARKING SPACES REQUIRED

 

   A.   Multiple Uses: Unless otherwise specified, lots containing more than one use shall provide parking and loading in an amount equal to the total of the requirements for all activities.

   B.   Non-Specified Parking Requirements: It is recognized that specifying a single parking requirement for some uses listed in table 4.1-1 of this section is not always feasible due to the diversity and variation in land use characteristics that can exist within that specific use type. For those uses listed in table 4.1-1 of this section that do not have a specific parking requirement identified, the Zoning Administrator shall determine a parking requirement based upon the requirements for the most similar comparable land use, the particular characteristics of the proposed land use, and any other relevant data regarding parking demand. In order to make this determination, the Zoning Administrator may require the applicant to submit a parking demand study or other information, at the applicant's cost. The parking demand study may include, but is not limited to, estimates of parking demand based on recommendations of the Institute of Transportation Engineers (ITE), or other acceptable sources as approved by the Zoning Administrator, and should include other recent, reliable primary or secondary source data collected from uses or combinations of uses that are the same as, or comparable with, the proposed use.

   C.   Unspecified Uses: Where buildings are constructed without uses specified (i.e., shell buildings), the use with the greatest parking requirement among all uses specified for the zoning district where the site is located shall be used to calculate off-street parking requirements.

   D.   Uses In The Downtown Core Overlay: The parking requirements for uses in the Downtown Core Overlay Zoning District shall be one-half (1/2) of those listed in table 4.1-1 of this section, with the exception of service stations, grocery and supermarkets, laundries, and motels and hotels, each of which shall meet all requirements listed in table 4.1-1 of this section.

   E.   Basis Of Calculation: When calculating the total number of parking spaces required, any fraction exceeding one-half (0.5) shall be rounded up to the nearest whole number.

   F.   Occupancy- Or Capacity-Based Standards: For the purpose of computing parking requirements based on employees, students, residents or occupants, calculations must be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated capacity, whichever results in the greater number of spaces. (Ord. 18-880, 7-23-2018; Ord. 20-891, 1-27-2020)

Where conditions preclude the complete compliance of off-street parking spaces required by section 21-4-1.5, table 4.1-1 of this section 21-4-1, the following alternative parking provisions may be available, subject to Zoning Administrator approval:

   A.   Compact Spaces: Up to ten percent (10%) of the total number of required parking spaces for non-residential uses may be designated as compact spaces when clearly labeled.

   B.   On-Street Parking: On-street parking spaces located in the right-of-way along the property line, between the lot lines of the site, may be counted to satisfy the minimum off-street parking requirements for non-residential uses. One on-street parking space may be substituted for each required off-street space. These provisions only apply to street frontages where on- street parking is allowed and provided. The parking space credit shall be determined at the time of site plan approval by the Zoning Administrator.

   C.   Tandem Parking: Shall mean a space where one vehicle parks behind another, so that one vehicle must be moved before the other can be accessed. Accessible parking spaces shall not be used for tandem parking spaces. Tandem parking shall be limited to a maximum of two (2) cars in depth and no less than nine feet (9') wide and forty feet (40') long. Tandem parking stalls are only allowed for:

      1.   Residential Uses: Tandem parking spaces shall be allowed for single-family, duplex and townhome residential with spaces and access paved in accordance with requirements of this chapter to the satisfaction of the Zoning Administrator.

      2.   Multifamily Residential Uses: Tandem parking spaces shall be allowed for condominium and multifamily residential uses, subject to the following conditions.

         a.   The tandem spaces shall be reserved for and assigned to dwelling units which are required to have two (2) or more parking spaces.

         b.   Tandem spaces shall not be used for guest parking.

      3.   Nonresidential Uses: Tandem parking spaces shall not be allowed for new, non-residential construction.

   D.   Shared Parking: The Zoning Administrator may approve shared parking arrangements for developments or uses with different operating hours or different peak business periods, if the shared parking complies with all of the following standards:

      1.   Eligible Developments Or Uses: Shared parking arrangements shall only be allowed for nonresidential uses with different hours of operation or different peak business periods.

      2.   Location:

         a.   Shared parking facilities shall be located on the subject property of the specified principal uses proposing to use shared facilities.

         b.   All shared parking facilities shall be located within six hundred feet (600') from the subject site to the primary entrance of each principal use. The distance of the off-street parking area to the principal uses shall be measured along the shortest legal and acceptable pedestrian route. Acceptable pedestrian routes are defined within subsection 21-4-1.12G, "Pedestrian Safe Access", of this section 21-4-1.

      3.   Parking Study Required: Those proposing to use shared parking as a means of satisfying off-street parking requirements shall submit a shared parking study to City staff that clearly demonstrates the feasibility of shared parking. At a minimum, the study must address the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.

      4.   Design And Improvement Standards: All newly-constructed shared parking facilities shall conform to the same standards of access, configuration, landscaping, lighting, layout, location, and size as are required by this article for off-street parking spaces.

      5.   Covenant Required: A City-approved covenant shall be recorded with Pinal County that includes a description of the shared parking arrangement, a requirement that all current and future tenants are notified of and shall adhere to the same hours of operation and conditions of the shared parking approval. Recordation of the agreement must take place before issuance of a building permit and/or business license/renewal for any use to be served by the off-site parking area. The Zoning Administrator may grant permission to dissolve a shared parking agreement only if all required off-street parking spaces will be provided, in accordance with sections 21-4-1.4 and 21-4-1.5 of this section 21-4-1.

   E.   Off-Site Parking: The Zoning Administrator may approve the location of required off-site parking spaces on a separate lot from the lot on which the principal use is located if the off- site parking complies with all of the following standards:

      1.   Ineligible Uses: Unless expressly permitted, off-site parking may not be allowed for residential uses or other convenience- oriented uses.

      2.   Location:

         a.   Off-site parking may be allowed only in the Downtown Core, or outside the Downtown Core upon issuance of a permit for a special event.

         b.   All off-site parking spaces shall be located within six hundred feet (600') from the subject site to the primary entrance of the principal use, unless a remote shuttle bus or valet parking service is provided. The distance of the off-site parking area to the principal use shall be measured along the shortest legal and acceptable pedestrian route. Acceptable pedestrian routes are defined within subsection 21-4-1.12G of this section 21-4-1.

         c.   Required parking spaces for persons with disabilities may not be located off-site.

      3.   Design And Improvement Standards: All newly-constructed off- site parking spaces shall conform to the same standards of access, configuration, landscaping, lighting, layout, location, and size as are required by this article for off-street parking spaces.

      4.   Terms Of Off-Site Parking:

         a.   A City-approved covenant shall be recorded with Pinal County that includes a description of the off-site parking, and a requirement that the owner of the separated lot maintain the required parking for the life of the use to which it is subject to such covenant.

         b.   The owner or operator of a business that uses approved off- site property to satisfy the parking requirements of this chapter shall immediately notify the Zoning Administrator of any change of ownership or use of the property for which the spaces are required, and of any termination or default of the agreement between the parties.

         c.   Should an agreement for required off-site parking expire or otherwise terminate, the Zoning Administrator shall determine a reasonable time in which one of the following shall occur:

(1) Substitute parking is provided that is acceptable to the City; or

(2) The size or capacity of the use is reduced in proportion to the parking spaces reduced.

         d.   If the above conditions are not met in the timeframe identified, the use for which the off-site parking was provided shall be considered nonconforming and any and all approvals, including conditional use permits shall be subject to revocation.

   F.   Electric Vehicle Charging Stations:

      1.   For each electric vehicle charging station provided, the minimum number of required off-street parking spaces may be reduced by two (2). Each charging station counts toward the minimum number of required parking spaces. (Ord. 18-880, 7-23-2018)

   A.   Vehicular Parking Space Dimensions: All vehicular parking areas shall comply with the minimum dimension requirements as set forth in table 4.1-2 of this subsection and as illustrated in the diagrams below.

      TABLE 4.1-2

      VEHICLE PARKING SPACE DIMENSIONS

 

   Notes:

      1.    The width of a parking space shall be increased by 2'0" when adjacent to fences, walls, or planters.

      2.    The length of a parking space can be reduced subject to meeting the requirements of subsection 21-4-1.12E, "Curbing And Wheel Stops", of this section 21-4-1. The length of the parking space and use of wheel stops shall be implemented in a manner that assures vehicle overhang will avoid contact with abutting objects such as landscaping, irrigation, or walls and vehicle intrusion on walkways.

      3.    A single parallel parking space shall have a curb length of 26 feet.

 

   B.   Compact Vehicle Parking Dimensions:

      1.   Vehicle compact parking spaces shall, at a minimum, measure seven feet six inches (7'6") in width by fifteen feet (15') in length.

      2.   Compact spaces shall be restricted for use by compact vehicles and identified with pavement stenciling and/or signage. Compact spaces shall be located to the rear of the parking lot from the building entrances to discourage use by non-compact vehicles.

   C.   Recreational Vehicle And Bus Parking Space Dimensions: All recreational vehicle, boat, personal watercraft or bus parking areas shall be a minimum of twelve feet (12') in width and thirty five feet (35') in length. (Ord. 18-880, 7-23-2018)

Off-street, handicapped accessible parking spaces shall be provided in accordance with subsection B, table 4.1-3 of this section for all uses that provide off-street parking. All disabled accessible parking spaces shall count toward fulfilling the off-street parking requirements of this section 21-4-1.

   A.   Required Number Of Spaces For Residential Uses: Handicapped- accessible parking for residential uses shall be provided at the rate of one space per each dwelling unit that is designated for occupancy by the handicapped.

   B.   Required Number Of Spaces For Non-Residential Uses: Handicapped-accessible parking for non-residential uses shall be in accordance with the rate shown in table 4.1-3 of this subsection:

      TABLE 4.1-3

      ACCESSIBLE PARKING REQUIREMENTS

 

      1.   Where more than one parking facility is provided on a site, the number of accessible spaces provided on the site shall be calculated separately according to the number of spaces required for each parking facility.

      2.   For every six (6) or fraction of six (6) parking spaces required by table 4.1-3 of this subsection B, at least one shall be a van parking space.

   C.   Dimensions Of Accessible Parking Space: Vehicle accessible spaces shall be at least eight feet (8') wide and have at least a five foot (5') wide access aisle abutting the designated parking space. Van accessible spaces shall be at least eight feet (8') wide and have at least an eight foot (8') wide access aisle abutting the designated parking space.

   D.   Location Of Accessible Parking Spaces: Accessible parking spaces shall be located on the shortest accessible and unobstructed route from the parking space to an accessible building or facility entrance. In parking facilities where the accessible route must cross vehicular traffic lanes, the route shall be designated and marked as a crosswalk. Where possible, it is also preferable that the accessible route not pass behind parked vehicles. (Ord. 18-880, 7-23-2018)

   A.   Passenger Loading Areas: A passenger loading area is the space a vehicle occupies while loading or unloading passengers. Passenger loading areas shall be provided in accordance with table 4.1-4 of this subsection. The required passenger loading spaces shall not be part of the spaces used to satisfy the off- street parking requirements.

      TABLE 4.1-4

      PASSENGER LOADING REQUIREMENTS

 

      1.   Location: Passenger loading areas shall be provided adjacent to the main entrance of the use or structure they are intended to serve, unless another entrance serves as the main point of access from the parking area to the structure or use.

      2.   Maneuvering: Passenger loading areas shall consist of a vehicle turnout area so as not to interfere with the circulation of vehicles, pedestrians or bicycles within the parking area.

      3.   Dimensions: A passenger loading space shall be a minimum of twelve feet (12') in width and twenty five feet (25') in length, unless off-street loading will involve the use of recreation vehicles or other vehicles in excess of twenty five feet (25') in length, in which case loading spaces shall be at least twelve feet (12') in width and sixty five feet (65') in length. A minimum vertical clearance of fourteen feet (14') shall be maintained.

   B.   Material Loading Areas: Whenever the operation of any use requires that goods, merchandise, or equipment be delivered to, or shipped from that use, such as grocery stores, furniture or appliance stores, plant nurseries, retail uses, hospitals, educational uses, and manufacturing and processing centers, off- street material loading and unloading areas shall be provided in accordance with table 4.1-5 of this subsection of minimum requirements. The required material loading spaces shall not be part of the spaces used to satisfy the off-street parking requirements.

      TABLE 4.1-5

      MATERIAL LOADING REQUIREMENTS

 

   Note:

      1.    Outdoor storage, sales or display areas are included as part of the calculation of gross floor area, if these areas contain materials that are received or distributed via trucks.

      1.   Location: Material loading areas shall be located on the same lot or parcel of land as the use or structure they are intended to serve and shall be located as near as possible to the building door openings providing loading access.

      2.   Dimensions: Required loading space dimensions depend upon the size of delivery vehicles serving the site. Minimum sizes are as follows:

         a.   Ten feet (10') wide, thirty feet (30') long, fourteen feet (14') overhead clearance: Spaces serving single-unit trucks and similar delivery vehicles.

         b.   Twelve feet (12') wide, sixty five feet (65') long, fifteen feet (15') overhead clearance: Spaces serving larger freight vehicles.

      3.   Maneuvering: Minimum required maneuvering areas depend upon the size of delivery vehicles serving the site. Minimum maneuvering sizes are as follows:

         a.   Thirty feet (30'): Spaces serving single-unit trucks and similar delivery vehicles.

         b.   Fifty feet (50'): Spaces serving larger freight vehicles.

Maneuvering areas for loading spaces must not conflict with parking spaces or with the maneuvering areas for parking spaces. All maneuvering shall be contained on-site and shall not interfere with any public right-of-way.

The provisions of this subsection B3 shall not apply to uses located in the Downtown Core Overlay District.

      4.   Setbacks And Screening: Loading areas may not be located in a required setback. See section 21-4-2.14, "Loading Area Screens", of this article for specific guidelines regarding screening of loading areas.

   C.   Exceptions: Exceptions may be granted when a traffic or parking study demonstrates the need for lower loading requirements. (Ord. 18-880, 7-23-2018)

   A.   Bicycle Parking Requirement: Bicycle parking is required for multi-family residential and non-residential development. The number of bicycle parking spaces provided shall be at least equal to five percent (5%) of the number of vehicle parking spaces required under this section 21-4-1.

   B.   Bicycle Location Requirement: Bicycle parking facilities shall be located on the same lot as the use for which it is intended to serve, have convenient access to the main entrance of the principal building or structure, and maximize visibility from the main entrance and/or other high activity areas.

   C.   Bicycle Space Dimensions: Bicycle spaces shall measure two feet (2') in width by six feet (6') in length or demonstrate a feasible alternative.

   D.   Bicycle Parking Design: Bicycle parking racks shall support each bicycle in a method that does not use a wheel as the primary means of support and connection to the rack. Bicycle parking racks shall also be securely anchored to a paved surface. (Ord. 18-880, 7-23-2018)

   A.   Type Of Required Residential Parking Spaces:

      1.   Required spaces for all non-multi-family residential uses may be either side-by-side or tandem as specified in subsection 21-4-1.6C of this section 21-4-1. Side-by-side parking areas shall at a minimum measure eighteen feet (18') wide by twenty feet (20') deep with no obstructions. Tandem spaces shall, at a minimum, measure nine feet (9') wide by forty feet (40') deep with no obstructions.

   B.   Residential Driveway Design:

      1.   All residential lots except in the RR-20, RR-5, RR-2.5, R1-54 and R1-43 Zoning Districts shall provide a paved driveway between a local public street or private drive and all required parking spaces. If access to a public street is provided via an alley, the alley and drive shall be fully paved.

      2.   Residential driveways shall not be less than twenty feet (20') in length, as measured from the back of sidewalk, or right-of-way line if no sidewalk is provided, to the front face of a required parking space (i.e., garage or carport).

      3.   Residential driveways which provide access from a garage to an alley may be less than twenty feet (20') in length, provided that the total width of the alley and the total length of the driveway combine to provide a minimum length of twenty three feet (23') for the maneuvering area.

      4.   Residential lots in the RR-20, RR-5, RR-2.5, R1-54 and R1-43 Zoning Districts accessed from a paved street shall include a paved apron that extends from the street to the edge of the public right-of-way/property line.

   C.   Location Of Residential Parking Spaces:

      1.   Parking spaces for residential uses, as specified in section 21-4-1.5, table 4.1-1 of this section 21-4-1, may be allowed in the front yard setback area.

      2.   The portion of a residential driveway or maneuvering area located within the front setback of lots zoned R1-54, R1-43, R1-12, R1-6, R-2, R-3, and the Manufactured Home Subdivision Overlay may be used for parking of vehicles for occupants and guests, subject to the following requirements:

         a.   Parking of vehicles shall only occur on paved areas meeting the standards of this chapter.

         b.   The placement of covered excess parking areas within the front setback is prohibited.

         c.   The combined extent of residential driveway, maneuvering, and parking areas shall not occupy more than fifty percent (50%) of the required front yard setback area or three (3) stalls (9' x 20') for lot width above fifty feet (50'), whichever is greater.

      3.   For all lots zoned R1-54, R1-43, R1-12, R1-6, R-2, and R-3, parking of vehicles within any interior side or rear yard is permissible, provided the area is paved and is not located closer than three feet (3') to an abutting side property line, unless a shared driveway is utilized.

   D.   Parking Or Storing Of Commercial Or Recreational Vehicles And Trailers In Residential Zoning Districts:

      1.   Commercial Vehicle; Permit; Criteria: It is a civil traffic violation to park or store a commercial vehicle with a gross vehicle weight rating (GVWR) in excess of sixteen thousand (16,000) pounds, or a tractor, semitrailer, trailer or bus, on any thoroughfare, alley, parking lot, garage or lot in a residential area or Residential Zoning District, except as may be necessary to carry out lawful commercial purposes to load, unload, deliver or make a service call, or except as may be necessary in an emergency. The owner of a tractor trailer may park one tractor, including trailer, on his or her private residential property. The Zoning Administrator shall issue a special parking permit; provided that the following criteria are met. The owner shall pay a permit fee of twenty five dollars ($25.00) for each calendar year.

 

      2.   Motor Home, Recreational Vehicle; Permit; Criteria: The owner of a motor home or recreational vehicle may park said vehicle on his or her private residential property; provided, that the following criteria are met:

         a.   The vehicle shall not be parked on a vacant lot, public right- of-way or easement.

         b.   The vehicle shall be parked only in a side yard or rear yard of any one lot.

         c.   The vehicle shall not be located closer than seven feet (7') to any side or rear lot line.

         d.   The vehicle shall not be used for business purposes.

         e.   The vehicle shall not be used for living quarters or connected to utilities for more than thirty (30) days in any calendar year.

         f.   The vehicle shall be parked in a manner that complies with the Fire Code adopted by the City of Eloy.

         g.   No more than two (2) motor homes or recreational vehicles are allowed to be parked on any single lot.

      3.   Temporary Loading And Unloading: The placement of a recreational vehicle is permitted for temporary loading and unloading in the City right-of-way for a period not to exceed forty eight (48) consecutive hours for each occurrence.

   E.   Parking On Residential Property Owned By Another; Permit: An owner of a motor home or recreational vehicle may park said vehicle on residential property owned by another person upon issuance of a special parking permit. The Zoning Administrator shall issue a special parking permit provided that the following criteria are met:

      1.   The owner shall pay a permit fee of twenty five dollars ($25.00) for each calendar year and for each permit.

      2.   The owner shall produce written and notarized permission from the residential property owner.

      3.   The vehicle shall not be parked on a vacant lot.

      4.   The vehicle shall be parked only in a side yard or rear yard of any one lot.

      5.   The vehicle shall not be located closer than seven feet (7') to any side or rear lot line.

      6.   The vehicle shall not be used for business purposes.

      7.   The vehicle shall not be used for living quarters or connected to utilities for more than thirty (30) days in any calendar year.

      8.   The vehicle shall be parked in a manner that complies with the Fire Code adopted by the City of Eloy.

      9.   No more than two (2) motor homes or recreational vehicles are allowed to be parked on any one lot.

   F.   Watercraft, Utility Trailer, Truck Camper Storage: The owner of a watercraft, utility trailer or any nonvehicle mounted camper shell or truck camper may store the said craft, trailer, camper shell or camper on his or her private residential property provided that the following criteria are met:

      1.   No more than three (3) of the items listed above shall be stored on any one lot.

      2.   The watercraft, trailer, camper shell or camper shall not be stored on a vacant lot, public right-of-way or easement.

      3.   The watercraft, trailer, camper shell or camper shall be stored only in a side yard or rear yard of any one lot. Each of the aforementioned shall be stored in a manner that complies with the Fire Code of the City of Eloy.

      4.   The trailer, camper shell or camper shall not be closer than seven feet (7') to any side or rear property line.

      5.   Outdoor storage of any watercraft, trailer, camper shell or camper shall be screened from public view by a six foot (6') high solid masonry fence or a view obscuring fence with no storage visible above the wall or fence.

      6.   The placement of the watercraft, trailer, camper shell or camper is permitted for temporary loading and unloading in the City right-of-way for a period not to exceed forty eight (48) consecutive hours for each occurrence. (Ord. 18-880, 7-23-2018)

In addition to meeting the applicable off-street parking requirements of this section 21-4-1, the following parking area design and layout regulations shall be utilized for all uses allowed in each zoning district; excluding individual residential lots in the RR-20, RR-5, RR-2.5, R1-54, R1-43, R1-12, R1-6, R-2 and R-3 Zoning Districts, unless expressly modified in the following provisions.

   A.   Access To Parking Areas And Parking Spaces:

      1.   All parking areas shall provide access to a public street by means of a paved driveway that extends on-site to a point not less than twenty feet (20') from the property line.

      2.   If an off-street parking area utilizes a publicly dedicated alley for access to a public street, the alley shall be paved the full length of the alley. The use of an alley for access to a multi-family, commercial or industrial site opposite any Single- Family Detached Zoning District is prohibited.

   B.   General Parking Design And Maintenance:

      1.   All parking areas shall be designed, constructed, and drained in accordance with all applicable City ordinances and regulations.

      2.   Vehicles are prohibited from parking in the sight visibility triangle. The visibility triangle is located at the intersection of two (2) streets or the intersection of a street and a driveway. The visibility triangle is present on all corner lots and is measured by extending the property lines until they intersect. Each of the two (2) legs of the visibility triangle shall measure thirty three feet (33') in length along the property line and/or driveway and shall be connected by the third side of the triangle. No curb cuts, driveways, maneuvering areas, and low growing landscaping shall be permitted within the described triangular area.

      3.   All parking spaces shall be permanently marked. Circulation aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines to ensure safe traffic movement.

      4.   All required off-street parking areas shall be maintained in a debris-free, pothole-free, and excessive crack-free condition; as determined by the Zoning Administrator.

   C.   Parking Circulation Design:

      1.   Drive aisles and maneuvering areas shall be designed to facilitate the safe movement of vehicles without posing a danger to pedestrians or impeding the function of the parking area.

      2.   Parking areas that accommodate ten (10) or more vehicles must maintain continuous circulation patterns, with no dead-ends, and safe access to public streets.

      3.   Ninety degree (90°) parking areas that accommodate less than ten (10) vehicles and terminate in a dead-end shall provide a five foot (5') maneuvering area for the width of the aisle to assist in turning movements.

      4.   All off-street parking areas shall be designed so as to provide ingress and egress from a public street by the forward motion of the vehicle. Required off-street parking spaces shall be accessible without backing into or otherwise reentering a public right-of-way.

      5.   All off-street parking areas must have the necessary dimensions for the on-site maneuvering of refuse and fire trucks. If off-site maneuvering is necessary, a permanent, recorded cross-access easement must be filed with the City of Eloy Community Development Department prior to issuance of a building permit.

   D.   Shared Access:

      1.   Parking areas shall provide reasonable internal driveway connectivity to adjacent parking areas, when requested by the City to promote convenience, safety and efficient circulation. A cross access easement guaranteeing the continued availability of the shared access driveway between the properties and running with the land shall be recorded by the owners of the abutting properties.

   E.   Curbing And Wheel Stops:

      1.   Continuous curbing at least six inches (6") high and six inches (6") wide shall be provided around the perimeter of all parking and drive aisle areas. Curbing located adjacent to stormwater facilities may contain curb cuts to allow for necessary drainage.

      2.   To avoid conflicts or safety hazards, concrete wheel stops at least four inches (4") high and six inches (6") wide shall be located at least two feet (2') from any adjacent wall, pole, fence, property line, walkway, sidewalk, landscape area or any other obstruction over four inches (4") in height where parking is located, unless other provisions within this section are met. The two foot (2') overhang area shall be measured from the front end of the space to the rear of the wheel stop.

      3.   The curbs adjacent to walkways or sidewalks may be used as wheel stops, allowing the car to extend into or overhang the sidewalk, only if a sidewalk with a width of six feet (6') or greater is provided. Where such overhang is used, the length of the parking space may be reduced by two feet (2'). Under no circumstances shall vehicles be allowed to extend into or overhang abutting right-of-way and/or private property.

      4.   The curbs around landscape areas and/or planters may be used as wheel stops, allowing the car to overhang the landscape area, only if the landscape area is a minimum of two feet (2') wide for single row parking or a minimum of seven feet (7') wide for opposing parking rows. Where such overhang is used, the length of the parking space may be reduced by two feet (2'). Any plants or landscape materials within the two foot (2') overhang may not extend more than two inches (2") above the six inch (6") curb. All sprinklers should be placed outside of the bumper overhang or aligned with the parking space stripe so they are out of range of car bumpers. Use of such bumper overhangs reduces impervious surfaces and is encouraged. Under no circumstances shall vehicles be allowed to extend into or overhang abutting right-of-way and/or private property.

   F.   Stacking Spaces:

      1.   Required Stacking Spaces:

         a.   In addition to meeting the off-street parking requirements of this section 21-4-1, all drive-through facilities shall provide vehicle stacking spaces in accordance with table 4.1-6 of this subsection:

      TABLE 4.1-6

      VEHICLE STACKING REQUIREMENTS

 

      2.   Design And Layout Of Stacking Spaces:

         a.   Stacking spaces shall be a minimum of nine feet (9') by twenty feet (20') in size.

         b.   Stacking spaces shall not interfere with on- or off-site traffic movements or movements into or out of off-street parking spaces.

         c.   Stacking spaces must be separated from other internal driveways by striping, curbing or raised medians, if deemed necessary by the Zoning Administrator.

      3.   Exceptions: Exceptions may be granted when a traffic or parking study demonstrates the need for reduced stacking requirements.

   G.   Pedestrian Safe Access:

      1.   Parking lots in excess of one hundred (100) spaces shall provide direct and continuous pedestrian networks within and adjacent to parking areas to connect building entrances, parking spaces, public sidewalks, transit stops and other pedestrian destinations.

      2.   A safe and direct pedestrian pathway must be provided from the street or sidewalk through the parking area to the primary building entrance. These pathways must be ADA compliant, and either be completely separated from vehicular traffic or clearly designated, such as through a raised surface or distinctive paving and/or striping.

      3.   Pedestrian pathways within parking areas that cross driveways must be clearly marked, such as through a raised surface or distinctive paving and/or striping.

      4.   Whenever possible, parking rows should be aligned perpendicular to the main building, to provide a safer and more direct pedestrian route. (Ord. 18-880, 7-23-2018)

The perimeter and interior of parking lots shall be landscaped pursuant to the requirements in section 21-4-2.6 of this article. (Ord. 18-880, 7-23-2018)

Off-street parking and loading areas shall adhere to the lighting requirements in section 21-4-5, "Outdoor Lighting", of this article. (Ord. 18-880, 7-23-2018)

The purpose of this section 21-4-2 is to provide uniform standards for the installation of landscaping, walls and buffer areas. It also establishes guidelines for the protection, maintenance and management of these features. The regulations for landscaping and walls have the following specific objectives:

   A.   To promote and encourage sustainability, effectuate privacy, facilitate logical development and enhance property values.

   B.   To provide for required landscaping.

   C.   To confirm the allowable species and use of vegetation. Drought tolerant vegetation (ground cover, shrubs and trees) promotes a visually appealing landscape.

   D.   To identify screening and buffering mechanisms (where necessary) to obscure unsightly uses.

   E.   To provide shade for passive building cooling and pedestrian refuge.

   F.   To reduce glare, dust, and the heat island effect.

   G.   To allow for the separation of incompatible uses and the buffering of intensive activities. (Ord. 18-880, 7-23-2018)

   A.   General Applicability:

      1.   These requirements apply to all on-site and off-site improvements associated with residential and non-residential land uses in the City of Eloy.

      2.   All required on-site, off-site and streetscape landscape areas shall be landscaped with vegetation and/or landscape topping material as identified in the Pinal Active Management Area (AMA) Low Water Use/Drought Tolerant Plant List, as amended from time to time. Plants not listed within the Pinal Active Management Area (AMA) Low Water Use/Drought Tolerant Plant List, but which are low water use/drought tolerant, may be submitted to the City, for review and consideration, in the submittal of a preliminary landscape plan.

      3.   The preparation of landscaping plans and their implementation shall be in accordance with the approved landscape plan for the development. Any part of the lot or parcel not developed for buildings, structures, vehicular access, streets, parking and utility areas shall be landscaped. (Ord. 18-880, 7-23-2018)

   A.   Single-Family Residential Developments:

      1.   The required landscaping for an approved residential subdivision shall include the required active and passive open space areas, retention or detention basins, the community trail system, if applicable, and the adjacent public and/or private rights-of-way.

      2.   The required landscaping for a residential subdivision shall be installed consistent with the construction phasing of the project and in accordance with the approved subdivision landscape plan.

      3.   The front yard landscaping for a single residence lot within a new or existing recorded subdivision or dwelling, is required to be installed at the conclusion of home construction for lots, tracts or parcels within the R1-12, R1-6, R-2 or R-3 Zoning Districts.

      4.   Required front yard landscaping shall, at a minimum, consist of organic and/or inorganic ground cover, one tree and two (2) shrubs. The front yard landscaping is in addition to the local and neighborhood street right-of-way landscaping required in section 21-4-2.5 of this section 21-4-2.

   B.   Multiple Family Residence Developments:

      1.   The required landscaping for an individual multiple family residence project, site plan, subdivision or development shall include the required common area and open space area, retention or detention basins, the community trail system, if applicable, parking area and the streetscape area adjacent to the public and/or private right-of-way, and above ground utility facilities.

      2.   Required streetscape landscaping for multiple family residence developments shall be in accordance with section 21-4-2.5 of this section 21-4-2.

      3.   Required landscaping for all parking areas in a Multiple Family Residence District shall be in accordance with section 21-4-2.6 of this section 21-4-2.

      4.   All multiple family residence developments (attached product, townhouse, condominium, apartments, etc.) shall provide a minimum of one tree and two (2) shrubs, per dwelling unit, in the common or open space areas every forty (40) lineal feet. This landscaping shall be in addition to the required landscaping along streetscapes and parking lot areas as required in sections 21-4-2.5 and 21-4-2.6 of this section 21-4-2 respectively.

      5.   The required rear and side yards shall contain a continuous, landscaped buffer area having a minimum width of ten feet (10') and containing a minimum of one tree and two (2) shrubs every forty (40) lineal feet or portion thereof, to provide visual screening between adjacent uses.

      6.   All R-2 zoned developments that abut a Single Residence zoned property or abut a community trail system, as indicated in the Eloy General Plan, shall provide and maintain a landscaped buffer area, a minimum width of ten feet (10'), along the common property line. This landscaped area shall contain a minimum of one tree and two (2) shrubs every forty (40) lineal feet or portion thereof.

      7.   All R-3 zoned property that abuts a Single Residence zoned property, an R-2 zoned property, or a community trail system, as indicated in the Eloy General Plan, shall provide and maintain a landscaped buffer area, a minimum width of fifteen feet (15'), along the common property line. This buffer strip shall contain a minimum of one tree and three (3) shrubs every forty (40) lineal feet or portion thereof.

      8.   A homeowners' or property owners' association shall maintain all landscape tracts, including such areas within the public and/or private rights-of-way that are within and adjacent to the site, in accordance with the approved final plat and approved landscape plan.

      9.   Vegetative screening or the use of a perimeter wall may be utilized when commercial or industrial uses are located adjacent to a Single-Family Residence Zoning District. If a perimeter wall is constructed, it shall be a maximum of six feet (6') in height and decoratively treated on all sides to match the architectural style and use the same or complementary paint color(s) of the development.

      10.   Vehicular parking areas adjacent to the right-of-way shall be screened to a height of at least three feet (3') by either a solid decorative masonry wall or a landscaped berm or a combination thereof. The slope of any berm shall not exceed a ratio of three to one (3:1) and shall be landscaped with either vegetative or inert ground cover to prevent soil erosion and/or head cutting. All landscape areas adjacent to vehicular parking and access areas shall be protected by either the vertical curb or concrete wheel stop, in order to minimize landscape damage by vehicular traffic. (Ord. 18-880, 7-23-2018)

   A.   Commercial, Industrial And Business Park Developments:

      1.   The required landscaping for an individual commercial office, commercial retail, industrial or business park project, site plan, subdivision or development shall include the required open space area, retention or detention basins, the community trail system, if applicable, parking area and the streetscape area adjacent to the public and/or private right-of-way. Any part of the lot area not developed for buildings, structures, approved storage, loading and vehicular access, streets, parking and above ground utility facilities shall be landscaped.

      2.   All C-1 zoned commercial developments that abut a Residentially zoned property or abut a community trail system, as indicated in the Eloy General Plan, shall provide and maintain a landscaped buffer area, a minimum width of ten feet (10'), along the common property line. This landscaped area shall contain a minimum of one tree and two (2) shrubs every forty (40) lineal feet or portion thereof.

      3.   All C-2 zoned commercial and I-1 and I-2 zoned industrial developments that abut a Residentially zoned property or abut the community trail system, as indicated in the Eloy General Plan, shall provide and maintain a landscaped buffer area, a minimum width of twenty feet (20'), along the common property line. This landscaped area shall contain a minimum of one tree and two (2) shrubs every forty (40) lineal feet or portion thereof.

      4.   Vegetative screening, combined with architectural treatments, shall be provided to screen unattractive views and facilities such as storage areas, trash enclosures, railroad sidings and yards, transformers, generators, heavy mechanical equipment and other similar features.

      5.   Vehicular parking areas adjacent to the right-of-way shall be screened to a height of at least three feet (3') by either a solid decorative masonry wall or a landscaped berm or a combination thereof. The slope of any berm shall not exceed a ratio of three to one (3:1) and shall be landscaped with vegetative and inert ground cover to prevent soil erosion and headcutting. All landscape areas adjacent to the vehicular parking and access areas shall be protected by a permanent vertical curb or concrete wheel stop in order to minimize landscape damage by vehicular traffic. (Ord. 18-880, 7-23-2018)

   A.   City, County, Or State Right-Of-Way: Any lot, parcel, tract or development, or portion thereof, that is adjacent to a City of Eloy, Pinal County or State right-of-way shall be required to be landscaped. This "streetscape landscape area" shall consist of the undeveloped portion of the right-of-way (back of sidewalk or pavement edge to the right-of-way edge); in addition to the required front yard setback on site landscaping that is required by this section 21-4-2.

   B.   Interstate And State Highways Rights-Of-Way: For any lot, parcel, property or tract that abuts or is adjacent to the Interstate 10 right-of-way or the State Route 87 and State Route 287 rights-of-way, the landscape plan and plant palette shall adhere to the "Landscape Design Guidelines for Urban Highways" prepared for roadside development services by the Arizona Department of Transportation (ADOT), or as may be amended, and shall be approved by ADOT and the City of Eloy. Maintenance agreements for the landscaping within the interstate highway right-of-way shall be required and shall be subject to ADOT and City approvals.

   C.   Streetscape Landscaping:

      1.   A landscape area shall be established, per table 4.2-1 of this subsection, between the right-of-way line and any buildings, parking lots, walls or fences, or other improvements in association with any use:

      TABLE 4.2-1

      STREETSCAPE LANDSCAPE AREA

 

 

   D.   Required Streetscape Landscape Planting Criteria:

      1.   All streetscape landscape areas shall be landscaped with vegetation and/or groundcovers or other landscape topping material as identified in the Pinal Active Management Area Low Water Use/Drought Tolerant Plant List. Plants not listed within the Pinal Active Management Area Low Water Use/Drought Tolerant Plant List, but which are low water use/drought tolerant, may be submitted to the City for consideration in the submittal of the preliminary landscape plans.

      2.   The total quantity of required landscape materials shall be computed for all streetscape landscape areas are as follows:

         a.   Trees: A minimum of one tree shall be required per one thousand (1,000) square feet of landscape area and a maximum of one tree shall be required per seven hundred fifty (750) square feet of landscape area, depending on area configuration, orientation and use. All trees shall be twenty four inch (24") box. Calculations that result in a fraction shall be rounded up.

         b.   Shrubs: One shrub shall also be required per two hundred fifty (250) square feet of landscape area. All shrubs shall be a minimum of five (5) gallons in size.

         c.   Groundcover: All groundcover shall be a minimum of one gallon in size. One groundcover plant shall be provided per two hundred fifty (250) square feet of landscape area.

         d.   Landscape Topping Materials: All landscaped areas shall be finished with a natural inert topping material which may include, but is not limited to, decomposed granite (2 inches minimum depth). Type, size and color of landscape topping material for projects shall be approved through the landscape plan review process.

         e.   Placement Of Required Streetscape Landscaping:

(1) Vegetation shall not be planted in drainage ways.

(2) Trees may not be planted where they will interfere with any overhead or underground utility lines in their initial planted, or mature height or width.

(3) Trees are not to be planted in any sight visibility triangle. Shrubs to be planted in any sight visibility triangle shall be of varieties that do not exceed mature heights of more than twenty four inches (24"), as measured from finished grade.

(4) Trees and/or shrubs shall not be planted closer than three feet (3') to any fire hydrant or utility pole.

(5) Trees shall not be planted closer than five feet (5'), as measured to the face, of any curb.

      3.   All trees and shrubs shall be provided with an automatic drip or soaker irrigation system.

      4.   A pre-emergent herbicide shall be applied to the ground prior to, and after the placement of natural surface materials (decomposed granite, river run rock, and the like) in any landscaped area to prevent weed growth.

      5.   Landscape designs shall be compatible among adjacent and proximate properties.

      6.   All on-site water retention areas shall be entirely landscaped and shall comply with the following criteria:

         a.   The retention areas shall not occupy more than fifty percent (50%) of the on-site street frontage landscape area;

         b.   All retention areas shall maintain slopes no steeper than six to one (6:1) when adjacent to public rights-of-way, or when there is pedestrian type access to that portion of the basin. Side slopes adjacent to walls, fences, hedges and the like (i.e., no or limited pedestrian type access in that area) may have side slopes up to four to one (4:1). (Ord. 18-880, 7-23-2018)

All parking areas shall be landscaped in compliance with the following requirements:

   A.   Landscape areas with raised concrete curbing shall define all parking lot edges, entrances, drives, aisles and the ends of all parking aisles.

   B.   A landscape island shall be located at a minimum count of every twenty (20) continuous parking stalls within a parking lot as well as at the end of each parking aisle. The design and landscape requirements of all parking islands/planters shall be consistent with the following:

      1.   Each landscape island in the parking lot shall extend the entire depth of the double or single loaded stall design and contain a minimum of seventy five (75) square feet of area, not including curbs, and shall measure a minimum of six feet (6') in width at the mid-point.

      2.   Each landscape island shall include a minimum of one (1) 24-inch boxed tree and landscape topping material. (Ord. 18-880, 7-23-2018)

   A.   All landscape improvements installed in accordance with the requirements and provisions of this section 21-4-2 for new or expanded developments and uses within on-site landscape areas as well as in the right(s)-of-way, shall be maintained, in perpetuity, by the property owner or owners' association (should the property be subdivided) or the lessee of the site.

   B.   Any areas designated and intended for the purposes of on-site water retention shall be maintained and reserved for that specific purpose.

   C.   Any alteration or deterioration of required landscape improvements and areas shall be considered a violation of this chapter and any applicable ordinance.

   D.   Any plant material that does not survive initial planting shall be replaced within thirty (30) days.

   E.   Landscaping and irrigation systems shall be reasonably maintained in accordance with the approved site and/or landscape plan. Plant material shall not be severely pruned such that the natural growth pattern or characteristic form is significantly altered. Palm trees shall, however, be pruned a minimum of once each year to remove dried fronds and fruit and eliminate the potential of a fire hazard and insect/rodent infestation.

   F.   Modifications and/or removal of any existing live landscaping on other than single-family residential property shall require prior approval of the Zoning Administrator.

   G.   Individual property owners and/or homeowners' associations shall properly maintain all landscaped areas, including those within the public and/or private rights-of-way adjacent to their property or the development, in accordance with the approved landscape plan, except in and along public rights-of-way and easements where the City of Eloy has agreed to provide maintenance.

   H.   The replacement of dead street trees shall be by the individual property owners or the homeowners' association and shall be completed within thirty (30) days from the date that the association or property owner is notified by the City. (Ord. 18-880, 7-23-2018)

   A.   A "preliminary landscape plan" and a "final landscape plan" shall be prepared by a landscape architect registered in the State of Arizona and submitted and approved for all applicable development projects in accordance with the procedures and requirements set forth in section 21-6-2 of this chapter.

   B.   All changes in the landscaping of a site/development area after the final landscape plan has been approved and installation completed shall be approved by the Community Development Director prior to issuing a certificate of occupancy by the City.

   C.   Prior to the issuance of a building permit, the City shall review and approve the required plans (i.e., lighting, grading/drainage, signage) which affect the placement and type of landscaping and walls within the site. (Ord. 18-880, 7-23-2018)

   A.   Preliminary Landscape Plan: Two (2) full size hardcopies and one electronic copy of a preliminary landscape plan shall be prepared by a landscape architect licensed in the State of Arizona and submitted along with the required development/site plan for review by the City Zoning Administrator. The preliminary landscape plan may be shown on the development/site plan drawings. The components of the preliminary landscape plan shall include, (at minimum) a scaled plan indicating the general locations of all existing and proposed trees, shrub massings, and groundcovers. Specific botanical names are not required to be specified at this time. Property lines, north arrow, existing and proposed structures, streets, sidewalks, trails, major natural features, walls and fences, slopes, berms, basins, drainage structures, trash enclosures, sewer laterals, utility transformers, site furniture, concrete curbing, decorative paving, and other site elements that relate to or affect the overall landscape along with any notes describing the proposed method of irrigation are required. The preliminary landscape plan shall clearly indicate the quantity and size of each tree and shrub to be installed (example: required versus proposed). The preliminary landscape plan shall be reviewed and approved by the Community Development Department as part of the development/site plan review, and may be approved with stipulated changes or additions. A building permit may be issued prior to final landscape plan approval. However, the certificate of occupancy will not be issued until the final landscape plan is approved, and the landscape is installed and inspected for plan compliance.

   B.   Final Landscape Plan: Two (2) full size hardcopies and one electronic copy of a final landscape plan, irrigation plan, signage plan and lighting plan shall be submitted along with all other required site improvement and building plans at the time of application for a building permit. The landscape plan and irrigation plan shall be prepared by a landscape architect licensed in the State of Arizona. The lighting plan shall be prepared by a technically competent lighting professional. The final landscape plan shall contain the final calculations, data, and specific details and information of all proposed landscaped areas, landscape materials, screening walls, irrigation system, and other items that were required and identified in conceptual form on the preliminary landscape plan. The final landscape plan shall contain a specific schedule of all trees and shrubs identified by common and botanical (genus and species) name and shall clearly indicate the quantity and size of each tree and shrub to be installed. The final landscape plan shall be in conformance with the approved preliminary landscape plan and include any stipulated changes or additions and shall be approved by the Community Development Department prior to the issuance of a building permit.

   C.   Approval: Upon approval, both sets of the landscape plan will be dated and stamped "Approved" and one original, signed plan will be transmitted to the applicant and one will be retained on file with the Community Development Department. (Ord. 18-880, 7-23-2018)

   A.   Opaque Walls And Fences Required:

      1.   A lot or parcel without the Planned Area Development Overlay (PAD) having a net lot area of one (1) acre, or less, and used to provide a single-family attached or detached dwelling, duplex dwelling, modular home dwelling, manufactured home, or similar dwelling as determined by the Zoning Administrator, shall have an opaque fence or wall in accordance with the following:

         a.   Vacant and undeveloped lots and redevelopment/replacement of an existing dwelling unit. Prior to receiving a final inspection, a solid opaque wall or fence with a minimum height of five (5) feet, unless a lower height is allowed in subsection A.1.a.i., A.1.a.ii., or A.1.a.iii. of this section, shall be constructed to enclose the rear yard, side yard(s), and street side yard(s) or portion(s) of the yard thereof, with the development of a dwelling unit(s).

            i.    A minimum of four (4) foot tall solid opaque wall or fence is allowed between a lot or parcel abutting or adjacent to an open space area that is greater than fifty (50) feet and less than one hundred (100) feet in width (the open space area width is measured abutting the lot.).

            ii.   A minimum of two (2) foot tall solid opaque wall or fence is allowed abutting or adjacent to an open space area that is equal to, or greater than, one hundred (100) feet and less than two hundred (200) feet in width (the open space area width is measured abutting the lot.).

            iii.    A solid opaque fence or wall is not required between a lot or parcel abutting or adjacent to an open space area that is equal to, or greater than, one hundred (100) feet and less than two hundred (200) feet in width (the open space area width is measured abutting the lot.).

         b.   Developed Lots: Where a lot or parcel contains a dwelling unit, an opaque wall or fence with a minimum height of five (5) feet, unless a lower height that is allowed in subsection A.1.a.i., A.1.a.ii., or A.1.a.iii. of this section, shall be constructed with the development of an accessory structure, an addition to a dwelling unit, or modification to an existing dwelling unit if the accessory structure, the addition, or modification to the dwelling unit has a building valuation equal to, or greater than, sixty percent (60%) of the appraised value of the property at the time of the building permit application. The appraised value of the lot or parcel is the amount assigned to the property by Pinal County's Assessor at the most recent assessment.

      2.   Chain link fences with slat, screen, or similar applications and material as determined by the Zoning Administrator shall not be allowed for the solid opaque area of a fence required by subsection A.1. of this section.

      3.   The City Council may approve a modification to the requirements of subsection A.1. with the adoption of a Resolution of the Council concurrent with the final plat approval. When modifications are approved by the City Council, the modifications shall be noted on the final plat, including the final plat case number and Resolution number.

      4.   The requirement of [text missing].

   B.   Manufactured Home Parks And Tiny House Parks:

      1.    Dwellings in a manufactured home park or tiny house park development are not required to have an opaque fence or wall between unsubdivided lease areas.

      2.   Manufactured home park and tiny house park developments shall have an opaque fence or wall around the perimeter of the development in compliance with subsection A of this section.

   C.   Approvals And Permits Required:

      1.   Fences or walls shall not be constructed without first making an application for and securing an approval from the Community Development Department. The application shall include a site plan and elevations showing fence materials, colors, heights and gates. The site plan shall show the location of the fence and include survey or plat information that shows: property lines, setbacks, easements and rights-of-way. This requirement does not apply to fences that are located a minimum of ten (10) feet behind any property line of the subject parcel.

      2.   In addition, fences greater than seven feet (7') in height or retaining walls extending two feet (2') or greater, in height require a building permit and supporting structural calculations prepared by an Arizona licensed engineer. Retaining concrete block walls shall adhere to adopted Building Codes.

   D.   Locations: All hedges shall be located entirely upon the private property of the persons, firms, or corporations planting the hedge. All fences shall be located entirely upon the private property of the persons, firms, or corporations constructing, or causing the construction, of such fence unless the owner of the adjoining property agrees, in writing, that such fence may be erected on the division line of the respective properties. Fences are not required to be set back from the property line except as otherwise specified in this chapter. A fence shall be treated as an accessory use and will not be allowed without a primary use on the site.

   E.   Approved Fence Materials: All fences shall be constructed with conventional fencing materials such as masonry, concrete, preformed concrete sections, treated wood, decorative metal, stone and vinyl. These materials shall be non-reflective desert tones with an equivalent color that has a light reflective value equal to, or less than, sixty percent (60%). Within Residential, Industrial and Aviation Overlay Zoning Districts, chain link fences may be allowed with the approval of the Community Development Director. Chain link fencing is only permitted in Commercial Zoning Districts if it is inside of a fence that is constructed of allowed materials. Mesh affixed to chain link fencing shall not constitute "view obscuring". Wire fences, including, but not limited to, hog wire and chicken wire may be used for animal enclosures but cannot be used for a perimeter fence.

   F.   Finished Elevations: Any fence that is constructed to have only one elevation "finished", which shall be defined as not having its supporting members significantly visible, shall be erected so that the finished elevation of the fence is exposed to the adjacent property or street.

   G.   Fence and Hedge Height Standards:

      1.   Fences or hedges located between the front yard building setback line and the front property line of a lot may not exceed four feet (4') in height in any zoning district, except as modified by Section 21-4-2.11. Hacienda-style front arches and gates cannot be erected without the approval of the Community Development Director.

      2.   In areas behind a required front yard building setback and within the required rear and side yards, the maximum height of fences shall be six feet (6'), in a residential district and ten feet (10') in a nonresidential district.

   H.   Measuring Fence And Hedge Heights: The height of any fence or hedge shall be calculated to the uppermost points as follows: In required yards abutting a street, the height of the fence or hedge shall be the height measured from the curb or finished grade of the street. On non-street property lines, the height may be measured from the finished grade on either side of the fence or hedge. Where two (2) lots abut one another, or a lot abuts a street or open space tract, but have differing finish grades, the fence or hedge height shall meet the requirements in Section 21-4-2.10-F on the high side and can be a maximum of two feet (2') higher on the low side (Figure 21-4-2.10.G.).

   I.   Undulating Fence Required: All fences along arterial and collector streets with a continuous length greater than two hundred feet (200') shall use an undulating pattern at minimum intervals of one hundred feet (100') or at every other side lot line, whichever is less in distance, to provide variety and visual interest. The undulation depth from the street line shall be a minimum of three feet (3'). Alternate patterns to the above requirements may be approved by the Reviewing Authority as specified in Section 21-6-3 during preliminary and final plat, site plan and/or development plan review process.

   J.   Exemptions: The following are exempt from the height restrictions for fences and hedges:

      1.   Schools and other public or quasi-public institutions when necessary for the safety or restraint of the occupants, including correctional facilities.

      2.   Temporary construction sites which are enclosed for security purposes.

      3.   An agriculture activity in zoning districts that allow agricultural uses.

      4.   Uses in the ranchette residential districts, resort districts and planned area development districts.

      5.   Fence materials and height requirements other than specified elsewhere in this article may be approved by the Reviewing Authority as specified in Section 21-6-3 during the preliminary and final plat, site plan and/or development plan review process.

   K.   Use of Barbed Wire and Concertina Wire:

      1.   Barbed or concertina wire fences shall be prohibited in all zoning districts except in the General Industrial (I-2) District.

      2.   Barbed or concertina wire fences shall be allowed in the General Industrial (I-2) District if the barbed wire is located eight feet (8') or more above grade and a special permit has been considered and approved by the Reviewing Authority as specified in Section 21-6-3.

      3.   Barbed or concertina wire fences shall be allowed on temporary construction sites, provided that the barbed wire is located eight feet (8') or more above grade. Temporary barbed or concertina wire fencing located on construction sites shall be removed from the site at the time of final inspection, or a certificate of occupancy will not be issued.

   L.   Maintenance: Every fence or hedge will be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, damage, or unsightliness, or constitute a nuisance, public or private. Any fence, or a portion of any fence, which is removed shall be restored to its original or upgraded condition relative to construction, material and finish whenever exposed to any street or any adjoining property.

   M.   Other Residential Requirements:

      1.   Corner Lots and Key Lots:

         a.   On a corner lot contiguous to a key lot, fences and hedges cannot exceed three feet (3') in height on the rear lot line extending ten feet (10') from the street. They also cannot exceed three feet (3') in height on the lot line along the street, extending ten feet (10') from the rear lot line.

         b.   On a key lot contiguous to a corner lot, fences and hedges cannot exceed three feet (3') in height on the side lot line which contiguous with the rear yard of the corner lot, extending ten feet (10') from the lot line along the street.

      2.   Gates Required: In those instances where a fence is erected as an enclosure, which restricts access from the front to rear yard, a gate shall be a minimum of three feet (3') in width. The location of such ingress points shall be positioned at any point paralleling the front line between the side lot line and the principal structure.

      3.   Tennis Courts: Fencing of outdoor tennis courts may be chain link and shall not exceed sixteen feet (16') in height and shall conform to the principal building setback requirement of the zoning district.

      4.   Swimming Pools: All swimming pools shall be enclosed by the fences of a single-family residential building or by a solid fence, a chain link or wrought iron fence not less than five feet (5') nor more than six feet (6') in height. Chain link fences for swimming pools cannot be used as perimeter fences. If the design or the material of the fence or gate is such that there are openings, such openings shall be of a size to prohibit a spherical object four inches (4") in diameter from passing through or under the fence or gate. All gates shall be substantially the same height as the wall or the fence and shall be self-closing and self-latching and be constructed in such a manner as to prevent uninvited access.

      5.   Noise Attenuation Wall Required: As part of the infrastructure improvements for residential subdivisions that are adjacent to, or abutting, a transportation corridor shall erect a masonry or concrete noise attenuation wall between the homes in the subdivision and the transportation corridor. The wall shall be eight feet (8') in height and shall be constructed of a minimum of six inch (6") thick concrete block or concrete. A transportation corridor shall be defined as any arterial street, truck route, Interstate 10 and the Union Pacific Railroad.

(Ord. 18-880, 7-23-2018; Ord. 20-897, 9-14-2020; Ord. 24-978, 10-14-2024, eff. 1-1-2025)

   A.   Sight Visibility Triangles At Corners: No walls, fences, buildings, structures, landscaping or other visual obstruction in excess of two feet (2') in height (measured from the top of the street curb at each end of the sight visibility triangle) shall be placed on any corner lot within a triangular area formed by the curb lines and a line connecting them at points thirty three feet (33') from the intersection of lines, extended from the back of curbing. There shall be an exception for any existing trees to remain within the area of the visibility triangle but shall be maintained at a minimum height of ten feet (10'), as measured from finished grade to permit unobstructed visibility for automobile drivers.

(Ord. 18-880, 7-23-2018)

All on-site, non-residential parking lot areas adjacent to any street shall be screened from street views according to the provisions as set forth herein. This standard can be met through the use of the following screening methods, which may be used individually or in combination:

   A.   A continuous opaque landscape screen consisting of shrubs maintained at a minimum height of three feet six inches (3'6") and planted in compliance with all additional provisions outlined in subsection 21-4-2.2A3 of this section 21-4-2.

   B.   A continuous wall at a height of three feet six inches (3'6"). The wall shall be designed to undulate and avoid straight segments longer than one hundred (100) lineal feet.

   C.   Open areas or portals for natural surveillance and pedestrian access to the site shall be provided as required by the Community Development Director. (Ord. 18-880, 7-23-2018)

   A.   All trash, rubbish or garbage, including recyclable materials in common storage receptacles shall be completely enclosed via a solid six foot (6') wall or fence and view obstructing gate and located on a concrete surface. Refuse collection areas shall be readily accessible to collection vehicles, without substantially encumbering adjacent parking and vehicular access. If the refuse collection area can be seen from the front of the property, the enclosure shall be screened with landscaping on its most visible side. (Ord. 18-880, 7-23-2018)

All loading, delivery and service bays shall be screened from public view by a building, a decorative screen wall, a minimum eight feet (8') in height, a solid opaque evergreen vegetation screen or any combination thereof. (Ord. 18-880, 7-23-2018)

All mechanical equipment, either ground-mounted or located on a rooftop, shall be screened from the view of a person standing on the property line on the far side of an adjacent public street. Individual screening of rooftop mechanical equipment is discouraged. Rooftop units should either be grouped together and screened or screened with a parapet wall the entire length of the building. The parapet wall shall be designed to be an integral component of the overall architecture of the building. (Ord. 18-880, 7-23-2018)

   A.   The following appurtenances, projections, and structures, are permitted to exceed the maximum building height allowed by a property's designated zone up to a maximum of fifteen (15) feet in all non-residential zones specified in Table 2.1-1 and the Multiple-Family Residential (R-3) zone, and up to a maximum of five (5) feet in all other zones for: chimneys, elevator bulkheads, roof-mounted mechanical and utility equipment (including architectural screening), stairwells bulkheads, and unoccupiable belfries, building towers, cupolas, domes, spires, or other similar appurtenances as determined by the Zoning Administration. The maximum total area allowed for all appurtenance, projections, and structures attached to a building is twenty-five (25) percent of the aforementioned building's horizontal roof area.

   B.   Clock towers, amateur radio towers owned by licensed persons, flagpoles, and roof-mounted solar-energy collectors are permitted to exceed the maximum building height allowed by a property's designated zone up to a maximum of fifteen (15) feet in all non-residential zones specified in Table 2.1-1 and the Multiple-Family Residential (R-3) zone, and up to a maximum of five (5) feet in all other zones.

   C.   Conveyor systems, cooling and condensing towers, gas and chemical holders, grain elevators, fire towers, silos, and water tanks, used in the agriculture, distribution, manufacturing and recycling, and smokestacks transmission towers, windmills or other similar structures as determined by the Zoning Administration are allowed a maximum height of one-hundred twenty-five (125) feet in the General Industrial (I-2) zone, and seventy-five (75) feet in all other zones.

      1.   All structures specified in subsection C. of this section shall be setback a minimum of:

         a.   The greater setback of the lot or parcels designate zone, or one-half (0.5) foot for each one (1) foot of height from each property line; and

         b.   Five (5) feet for each one (1) foot of height lot or parcel zoned a Residential District

      2.   The maximum footprint of any one structure, excluding conveyor systems, specified in subsection C. of this section, excluding conveyor systems: six hundred twenty-five (625) square feet.

      3.   The maximum lot coverage of all structures used on a site that is specified in subsection C. of this section: twenty-five (25) percent of the net lot area.

   D.   Light poles and fixtures for sports fields (baseball, softball, football, soccer, and other similar fields as determined by the Zoning Administrator) are allowed a maximum height of ninety (90) feet.

   E.   Alternative development standards to those specified in this section may be permitted by the City Council with the approval of a Conditional Use Permit. To approve the alternative development standards, the City Council shall find that the Conditional Use Permit criteria and the following additional criteria have been met:

      1   The alternative development standards do not allow:

         a   Structures or appurtenance that negatively impact airport activities and flight patterns;

         b.   Occupiable space (as defined by the Building Code) above the maximum building height allowed by a property's designated zone.

      2.   The alternative development standards are necessary for the structure(s) or appurtenance(s) to facilitate the operations and functions of the lot's or parcel's primary use. (Res. 1601, 10-14-2024)

The purpose of this section 21-4-3 is to establish comprehensive provisions that will eliminate confusing, distracting and unsafe signs; establish reasonable regulations to promote economic vitality for local businesses and services; and enhance the visual environment of the City of Eloy. The regulations for signs have the following specific objectives:

   A.   To ensure that signs are designed, constructed, installed and maintained according to minimum standards to safeguard life, health, property, and public welfare;

   B.   To allow and promote positive conditions for sign communication;

   C.   To reflect and support the desired ambience and development patterns of the various zones, overlay zones, and plan districts and promote an attractive environment;

   D.   To allow for adequate and effective signs whose dimensional characteristics further the interests of public safety and the needs of the motorist, where signs are viewed from a street or roadway.

   E.   To ensure that the constitutionally guaranteed right of free expression is protected.

   F.   To provide meaningful and aesthetic identification for private and public enterprises.

   G.   To promote and support existing and new employers sustain and expand their goods and services.

   H.   To allow businesses the ability to take advantage of new technology.

   I.   To assist in implementing the City's marketing and branding strategy. (Ord. 18-880, 7-23-2018)

The requirements of this chapter apply to all signs, sign structures, awnings, and other types of sign devices located within the City of Eloy, except as specified in section 21-4-3.3 of this section 21-4-3. (Ord. 18-880, 7-23-2018)

The following are exempt from the regulations of this chapter, but may be subject to other ordinances enacted by the City of Eloy where applicable:

   A.   Signs inside a building.

   B.   Signs carved into a building or raised in integral relief on a building.

   C.   Signs required by Federal, State, or City law/authority.

   D.   Noncommercial flags.

   E.   Painted and/or applied wall accents and decorations.

   F.   Illuminated building accents and decorations.

   G.   Public art. Murals defined as works of graphic art hand- painted or applied to building walls, which contain no advertising, commercial messages, or logos; and/or that are not displayed in conjunction with a commercial enterprise which may obtain commercial gain from the display.

   H.   Name and address. Up to two (2) signs indicating address, number and/or name of occupants of the premises that do not exceed two (2) square feet in area and located in an area not otherwise prohibited by this chapter.

   I.   Directional or informational signs of a noncommercial public or quasi-public nature, and community signs.

   J.   Decals. Decals and/or logos affixed to windows or door glass panels, such as those indicating membership in a business group or identifying credit cards accepted at the establishment.

   K.   Sign repainting without changing wording, composition or colors; or minor nonstructural repairs.

   L.   On-premises signs that are relevant to the function of the property that are not visible beyond the boundaries of the lot or parcel upon which they are located, or from any public right-of- way; however, these signs must comply with any building and construction provisions enacted by the City of Eloy.

   M.   Public signs. Signs erected by government agencies or utilities, including traffic, utility, safety, railroad crossing and identification signs for public facilities and any signs erected by the City of Eloy.

   N.   Security and warning signs. On-premises signs regulating the use of the premises, such as "no trespassing", "no hunting" and "no soliciting" signs that do not exceed one sign two (2) square feet in area in residential areas and one sign five (5) square feet in area in Commercial and Industrial Zones. These limitations shall not apply to the posting of conventional "no trespassing" signs in accordance with State law. (Ord. 18-880, 7-23-2018)

The following signs are prohibited:

   A.   Vehicle signage. Signs placed on or painted on a motor vehicle or trailer parked with the primary purpose of providing signage not otherwise allowed by this chapter; prohibited is any sign displayed on a parked trailer or truck or other vehicle where the primary purpose of the vehicle is to advertise a product, service business, or other activity. This regulation shall permit the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes and/or personal transportation.

   B.   Billboards. No sign advertising a business or use shall be installed on any lot other than that on which the business is located unless allowed by section 21-4-3.9 or 21-4-3.10 of this section 21-4-3.

   C.   Mechanically moving signs. An environmentally activated sign or other display with actual mechanical motion powered by natural, manual, mechanical, electrical or other means, including but not limited to pennant strings, streamers, spinners, propellers, and search lights.

   D.   Flashing signs. For the purposes of this chapter, a sign that has a change rate or dwell time of four (4) seconds or longer does not fit within the prohibition noted herein.

   E.   Posters and handbills. Any signs affixed to any structures, trees or other natural vegetation, rocks or poles.

   F.   Simulated traffic signs and obstructions. Any sign which may be confused with, or obstruct the view of, any authorized traffic sign or signal, obstruct the sight-distance triangle at any road intersection or extend into the public right-of-way.

   G.   Public property. Signs attached to any utility pole or structure, streetlight, traffic signal, tree, fence, fire hydrant, park bench or other location on public property unless otherwise specifically addressed in this article.

   H.   Signs adversely affecting safety. Signs which prevent free ingress or egress from any door, window, fire exit, or that prevent free access from one part of a roof to any other part.

   I.   Sign emissions. No sign which emits smoke, visible vapors, particles, sound or odor shall be permitted. Open flames used to attract public attention to a place of business or to an advertising sign shall not be permitted.

   J.   Mirrors. No mirror device shall be used as part of a sign.

   K.   Fixed balloons. Balloons used for promotional and advertisement purposes.

   L.   Situations where this chapter is silent. Where this chapter is silent, or where the rules of this chapter do not provide a basis for concluding that a sign is allowed, said sign is therefore prohibited. (Ord. 18-880, 7-23-2018)

   A.   Where there is conflict between this regulation and other City regulations, the more restrictive shall apply.

   B.   Where there is a conflict between specific sign regulations and the general sign regulations of this section 21-4-3, the specific sign regulations supersede the base sign regulations.

   C.   Where there is a conflict between a land use regulation, a structural regulation, or other regulations of this chapter that are not otherwise addressed by this section 21-4-3, the most restrictive applies. (Ord. 18-880, 7-23-2018)

The general provisions for all signs are listed below:

   A.   Permitting:

      1.   Sign permits and a zoning clearance shall be required for all signs except those signs specified in section 21-4-3.3 of this section 21-4-3. The building official, or his designee, shall issue a sign permit only if the proposed sign, construction, alteration, re-erection, maintenance and location of the sign comply with these regulations.

   B.   Design:

      1.   All signs hereafter constructed or maintained shall conform to the provisions of this chapter and the provisions of all other adopted City codes and ordinances.

      2.   No sign, other than an official traffic sign or similar sign, shall be constructed within the boundary of any street or public right-of-way unless specifically authorized herein, authorized by other City ordinances or regulations; or permitted by special City authorization.

      3.   Signs shall not be located in a manner that interferes with pedestrian or vehicular travel, poses a hazard to either pedestrians or vehicles, within the specified "visibility triangle", or at any location where its position, shape or color may interfere with or obstruct the view of, or be confused with, any authorized traffic sign, signal or device.

      4.   All signs shall be designed and constructed to resist all weather conditions of central Arizona.

      5.   The placement of new signs shall integrate with the established locational pattern of like sign types.

      6.   When a site is developed as a complex or center containing more than three (3) tenants, a Comprehensive Sign Plan shall be provided for the property, and approved through the development plan review process. See subsection 21-4-3.11B of this section 21-4-3.

   C.   Materials:

      1.   All sign materials and components shall be of the quality and grade to resist specified sun exposure and heat conditions of central Arizona.

      2.   Combustible materials, other than approved plastics, shall not be used in the construction of any electronic signs.

      3.   Sign materials to be used on the building facade shall be compatible with the design of the face of the facade.

   D.   Sign Anchors:

      1.   All signs shall be securely anchored to resist the identified wind hazards existing in central Arizona.

      2.   All signs attached to masonry, concrete, plywood or steel shall be safely and securely fastened utilizing metal anchors, bolts or approved expansion screws of sufficient size to safely support the loads generated by the sign.

      3.   There shall be no visible angle iron supports, guywires, braces or secondary supports except in the case of projecting signs. All sign supports shall be an integral part of the sign design.

      4.   Signs shall not be attached to any wall that is not securely braced or supported. Signs shall not be attached to any parapet wall if the parapet is not designed and constructed to accommodate the loads associated with the signage identified to be attached.

   E.   Sign Illumination: Signs may be illuminated as provided by this chapter and specified by approved sign criteria, if applicable, in accordance with the following regulations:

      1.   The source of the sign's illumination, except neon illumination, shall not be visible from any street, sidewalk, or adjacent property.

      2.   Sign lighting shall be of low intensity with effective provisions made to minimize spillover of light beyond the actual sign face. Examples of permissible illumination methods would include, but not be limited to, the use of appropriate cut-off style light fixtures, the use of down-light fixtures adjusted so as to avoid light spillover and interference with the vision of motorists, and the use of muted internal illumination. Prohibited forms of light spillover include, but are not limited to, spillover into adjoining properties, roadways and airspace. Lighting must not interfere with the vision of oncoming motorists.

      3.   All illuminated signs shall adhere to the provisions provided in section 21-4-5, "Outdoor Lighting", of this article unless specifically modified herein.

   F.   Maintenance:

      1.   All signs and sign structures, conforming and nonconforming, shall be maintained in good order, repair, and appearance at all times so as not to constitute a danger or hazard to the public safety or create visual blight as determined by the Zoning Administrator.

      2.   The property owner or tenant on which the sign is located shall be responsible to maintain all signage that has been approved or that has been issued a permit. Periodic maintenance shall be undertaken by the owner or tenant so that the signage continues to conform to the conditions imposed by the sign permit.

      3.   Any damaged sign base shall be repaired within thirty (30) days after receipt of written presentation/rectification of the issue by the Zoning Administrator to the property owner.

      4.   All metal pole covers and sign cabinets shall not show any effect of rust and rust stains.

      5.   Any internally illuminated sign cabinets or sign panels which have been damaged shall not be illuminated until repaired.

      6.   If the sign is suspect to collapse, or determined to be unsafe by the City's inspector/ordinance enforcement, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this chapter, the owner thereof, or the person or firm using the sign, shall, upon written notice by the City's inspector/ordinance enforcement, or immediately in the case of imminent danger, and in any case within not more than ten (10) days after notice shall make such sign conform to the provisions of this chapter; or remove the sign. If, within ten (10) days, full compliance with the notice has not occurred, the City's inspector/ordinance enforcement may remove, or cause such sign to be removed, at the sole expense of the owner and/or user of the sign.

      7.   The changeable letter panels of a permitted changeable copy sign shall be subject to the same maintenance requirements as imposed by the sign permit.

   G.   Sign Height Measurements: Sign height measurements are determined as follows for each sign type:

      1.   Freestanding Signs: The overall height of a freestanding sign or sign structure is measured from the lowest point of the ground directly below the sign to the highest point of the freestanding sign or sign structure.

      2.   Exception: Where a freestanding sign or sign structure is mounted along a roadway that has a higher-grade level as compared to the grade level directly below the freestanding sign or sign structure, then the freestanding sign or structure's height will be measured from the top of curb or the crown of the adjacent roadway (where no curb exists) to the highest point of the freestanding sign or sign structure.

      3.   Wall Signs Or Fascia Mounted Signs: The height of the sign shall be measured from the top of the sign structure to the top of curb or the crown of the adjacent road where no curb exists.

      4.   Building Height: The overall building height is inclusive of any signs projecting above the building or roofline.

   H.   Sign Area Standards: The "sign area" of each permitted sign shall be measured as follows:

      1.   Background Mounted Signs: Sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy shall be measured as that area within the outside dimensions of the background panel or surface. The base of a freestanding monument sign shall not be calculated as sign area unless said base contains signage.

      2.   Individual Mounted Signs: Sign copy mounted as individual letters and/or graphics against a wall, fascia, or parapet of a building or other structure that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy shall be measured as a sum of the smallest rectangle that will enclose each word, grouping of such letters, words, or graphics in the total sign copy.

      3.   Sign Frames Or Cabinets: The area of sign faces enclosed in frames or cabinets is determined based on the outer dimensions of the frame or cabinet.

      4.   Two-Part Signage: In instances in which a sign consists of individual elements such as letters, symbols, or other graphic objects or representations that are painted, attached to, or otherwise affixed to a surface such as a wall, window, canopy, awning, architectural base or projection, or to any surface not specifically designed to serve as a sign background, the sign area shall be based on the sum of the individual areas of the smallest geometric shape or combination of geometric shapes capable of encompassing the perimeters of the individual elements comprising the sign.

      5.   One Sign With One Or More Sign Faces:

         a.   One Face: Area of the single face only;

         b.   Two Faces: If the interior angle between the two (2) faces is forty five degrees (45°) or less, the sign area will be the total of one face only; if the angle between the two (2) sign faces is greater than forty five degrees (45°), the sign area will be the sum of the areas of the two (2) faces.

         c.   Three Or More Faces: The sign area will be calculated as the sum of the areas of each of the faces.

      6.   Irregular Shaped Signs: To be measured based on the appropriate mathematical formula to obtain the sign area for a circle, an oval or irregularly shaped sign.

      7.   Nonplaner Signs: Where a sign is a spherical, free form, sculptural or other nonplanar sign, the sign area shall be fifty percent (50%) of the sum of the area of the sides of the smallest polygon that will encompass the sign structure. (Ord. 18-880, 7-23-2018)

The "total aggregate sign area" shall be the sum of all the sign areas of each allowable sign placed on a parcel with the following restrictions:

   A.   For all non-residential uses, the total aggregate sign area allowable to any business having an external business entrance facing a public street or public access driveway or public alley, shall not exceed the greater of fifty (50) square feet or one and a half (1.5) square feet per lineal foot of building frontage, but in no case more than three hundred (300) square feet.

   B.   All non-residential uses having only an external building wall facing a public street, public access driveway, or public alley, shall be permitted exterior signage with a total aggregate sign area not to exceed fifty (50) square feet.

   C.   Non-residential uses having only an internal business entrance and no external wall facing a public street or public access driveway or public alley shall be limited to business identification signage on a common directory sign or attached wall sign as set forth in subsection 21-4-3.9A11 of this section 21-4-3.

   D.   Businesses having building frontage greater than two hundred feet (200') in length may increase their allowed sign area by 0.5 square feet per one lineal foot of building frontage in excess of two hundred feet (200'). Such additional sign area shall be for the exclusive use of said business and not transferable or reallocable to other businesses on the parcel.

   E.   Building frontage is determined by the measurement of the portion of the business facing the street or public access driveway or public alley. Multi-story building lineal footage is limited to the ground floor lineal footage measurement except as modified by the sections below. (Ord. 18-880, 7-23-2018)

The criteria listed within this table describe the permitted conditions applicable for each sign type. This table also includes references to additional sign standards that may be applicable to each sign type.

   City of Eloy   TABLE 4.3-1

   SIGN REQUIREMENTS BY SIGN TYPE1

P = Permitted    N = Not permitted

 

Note:

   1.    All sign criteria listed in this table is subject to and may be further modified by their respective additional sign standards provided in section 21-4-3.9 of this section 21-4-3 or as stated elsewhere within this chapter.

(Ord. 18-880, 7-23-2018)

This section describes the permitted conditions and applicable standards for each permanent sign type listed within section 21-4-3.8, table 4.3-1 of this section 21-4-3.

   A.   Attached Or Wall-Mounted Signs: Attached or wall mounted signs are permitted as identified in section 21-4-3.8, table 4.3-1 of this section 21-4-3, subject to the conditions identified below:

      1.   Attached or wall-mounted signs shall be counted as a portion of the total aggregate sign area.

      2.   Attached or wall mounted signs shall be supported solely by the facade or exterior building face.

      3.   One attached sign per street frontage is permitted per business in all Non-Residential Zoning Districts.

      4.   Attached or wall mounted signs may project no more than twelve inches (12") from the surface of the wall to which it is attached or for halo illuminated signs must not exceed a one and three- quarter inch (1.75") separation from the wall.

      5.   Attached or wall mounted signs shall not extend above the wall, parapet, or fascia upon which it is placed.

      6.   Attached or wall mounted signs are permitted on a roof surface if the roof is within twenty five degrees (25°) of vertical.

      7.   Attached or wall mounted signs shall not exceed twenty five feet (25') in height.

      8.   Residential uses in the RR, R-1, R-2, MHS, and MHP Zoning Districts shall be allowed one attached or wall mounted sign not to exceed two (2) square feet per parcel.

      9.   Residential subdivisions and multi-family developments shall be allowed one attached or wall mounted sign not to exceed twenty four (24) square feet per subdivision entrance or six (6) square feet per multi-family building.

      10.   For all non-residential uses, attached or wall mounted signs shall not exceed more than the total aggregate sign area allowed as determined by section 21-4-3.7 of this section 21-4-3.

      11.   Multi-tenant building wall mounted identification signs are permitted in the Commercial and Industrial Zoning Districts subject to the conditions identified below:

         a.   The use of a multi-tenant building identification sign shall take place of single business wall mounted signs and shall be counted as a portion of the total aggregate sign area.

         b.   The maximum number of multi-tenant signs for each building shall be limited to one sign per street frontage.

         c.   The sign shall be placed on the wall of the building facing the most major adjacent street frontage.

         d.   The maximum area of the sign shall not exceed the greater of fifty (50) square feet or one and a half (1.5) square feet per lineal foot of building frontage, but in no case more than three hundred (300) square feet.

   B.   Awning/Canopy Sign: Awning/canopy signs are permitted as identified in section 21-4-3.8, table 4.3-1 of this section 21-4-3, subject to the conditions identified below:

      1.   Awning/canopy signs shall be counted as a portion of the total aggregate sign area.

      2.   A maximum of twenty five percent (25%) of the front face area of the awning may be used for signage.

      3.   Such a sign shall only be displayed on ground floor awnings.

      4.   If encroaching over an abutting City right-of-way line, a revocable City encroachment permit or other City Council-granted authorization approved by the City Engineer and the City Attorney shall be required.

   C.   Electronic Message Center: Electronic message center (EMC) signs are permitted as identified in section 21-4-3.8, table 4.3-1 of this section 21-4-3, subject to the conditions identified below:

      1.   EMC signs shall be counted as a portion of the total aggregate sign area.

      2.   Signs must be entirely located on-site.

      3.   There shall be no moving or flashing green or red features that could be mistaken as traffic control devices.

      4.   Digital message portion of the sign shall not exceed fifty percent (50%) of sign area.

      5.   Sign shall be installed at least one hundred fifty feet (150') from a designated crosswalk.

      6.   Sign shall not be installed within three hundred fifty feet (350') of a residential structure.

      7.   EMC signs shall be separated from other EMC signs by a minimum of one thousand feet (1,000').

      8.   All continuous loop image progression occurring on the face or copy of the sign must have a minimum interval time of eight (8) seconds.

      9.   All EMC signs shall have automatic dimming controls, either by photocell (hardwired) or via software settings, to reduce the illumination intensity of the sign as ambient lighting conditions change.

   D.   Freestanding/Monument Signs: Freestanding/monument signs are permitted as identified in section 21-4-3.8, table 4.3-1 of this section 21-4-3, subject to the conditions identified below:

      1.   Freestanding/monument signs shall be counted as a portion of the total aggregate sign area.

      2.   Shall not exceed eight feet (8') in height.

      3.   For a single tenant building, the sign area shall not exceed one square foot for each two (2) lineal feet of street frontage with the maximum not to exceed seventy five (75) square feet. Single tenant freestanding/monument signs shall be counted as a portion of the total aggregate sign area.

      4.   For a single building development with multiple-tenants, the sign shall not exceed one square foot for each two (2) linear feet of street frontage with the maximum not to exceed ninety six (96) square feet in area. Single building with multi-tenant freestanding/monument signs shall not be counted as a portion of the total aggregate sign area.

      5.   For multiple building developments or commercial centers, one sign may be permitted for every two hundred feet (200') of street frontage for the entire development or commercial center with a maximum of two (2) signs per street frontage if applicable. The individual buildings within the development or commercial center shall not be considered as separate developments. The minimum distance between two (2) signs on the same street frontage shall be two hundred thirty feet (230'). Each sign may be a maximum of ninety six (96) square feet in area and may be either a center identification sign or a multi-tenant identification sign. Multiple building development freestanding/monument signs shall not be counted as a portion of the total aggregate sign area.

      6.   A portion of the sign may have changeable copy, which shall not exceed twenty five percent (25%) of sign area.

      7.   Shall have monument-type bases of masonry construction or another architectural grade material.

      8.   Address numerals shall be included on all freestanding sign structures. The numerals shall be at least six inches (6") in height.

      9.   No portion of the sign shall be located within three feet (3') of the front property line or six feet (6') of a side or rear property line.

      10.   Freestanding/monument signs for residential uses in Residential Districts shall be limited to residential subdivisions or multi-family developments only, subject to the conditions identified below:

         a.   The maximum height shall be six feet (6') and the maximum area shall be twenty four (24) square feet.

         b.   A maximum of one sign shall be located at each non-local street access to the identified subdivision.

         c.   The text area of the sign may be back-lit such that the source of illumination is not visible; provided, however, that back-lit, non-opaque panels are not permitted.

         d.   The text area of the sign may be illuminated by fully shielded ground mounted directional lighting.

   E.   Gas Filled Signs: Gas filled signs (neon, argon, krypton, etc.) are permitted as identified in section 21-4-3.8, table 4.3-1 of this section 21-4-3, subject to the conditions identified below:

      1.   Gas filled signs are limited to interior window display only (may not be used on the exterior of a building).

      2.   The total area of gas filled signage for any one business shall be six (6) square feet.

      3.   No more than two (2) gas filled signs shall be allowed for any one business.

   F.   Projecting Signs: Projecting signs are permitted as identified in section 21-4-3.8, table 4.3-1 of this section 21-4-3, subject to the conditions identified below:

      1.   Such signs shall be included in the total aggregate sign area.

      2.   One projecting sign is permitted for each ground floor business front and shall be adjacent to the business it identifies.

      3.   The maximum area for each projecting sign for any one business shall be one square foot for each lineal foot of street frontage of business, up to a maximum of fifteen (15) square feet.

      4.   The maximum distance between the wall and the outer edge of the sign shall be four feet (4'), or if a paved public sidewalk is below, fifty percent (50%) of the width of the sidewalk, whichever is less.

      5.   Such signs shall be located so that the base edge of the sign is not less than eight feet (8') from the sidewalk or ground. Such signs shall require both a City sign permit and, if encroaching over an abutting City right-of-way line, a revocable City encroachment permit or other City Council-granted authorization is approved by the City Engineer and the City Attorney.

   G.   Freeway Pylon Signs: Freeway pylon signs are permitted as identified in section 21-4-3.8, table 4.3-1 of this section 21-4-3, subject to the conditions identified below:

      1.   All freeway pylon signs shall be part of a comprehensive sign package that requires both review and recommendation by Planning and Zoning Commission and approval by the City Council.

      2.   Freeway pylon signs shall be counted as a portion of the total aggregate sign area.

      3.   One freestanding pylon sign shall be allowed per property, additional signs are allowed on a property with street frontage that exceeds two hundred feet (200'). If multiple signs are placed on a single street frontage, there shall be a minimum of one hundred feet (100') between each sign.

      4.   A freestanding pylon identification sign may be placed on Commercially or Industrially zoned property that has a minimum of three hundred feet (300') of freeway frontage. In order to apply for a freeway pylon sign, the site, or combination of sites, must be at least twenty (20) acres in size and the sign should identify multiple tenants (a maximum of 4 tenants) or a combined minimum of two hundred thousand (200,000) square feet of office, retail, or manufacturing space.

      5.   Sign copy shall be limited to name and/or logo identification with approved directional information.

      6.   The pylon identification sign shall not exceed an overall height of eighty feet (80') above the natural grade of the site; has a maximum width of twelve feet (12'), or a maximum depth of four feet (4').

      7.   Pylon signs shall not be located closer than a distance equal to the height of the sign from the freeway right-of-way. A minimum separation distance of three hundred feet (300') shall be observed between any such freeway pylon signs located on the same side of the freeway.

      8.   A total maximum sign area of six hundred (600) square feet; with any one panel not exceeding one hundred fifty (150) square feet in area, plus the center identification.

      9.   Pylon signs may not be installed on a parcel, lot or development site that has an existing billboard or other prohibited sign.

      10.   Council, when considering the required comprehensive sign package, may vary restrictions pertaining to height, sign copy, and separation distance upon appropriate justification presented by the applicant, such as, but not limited to, identification of regional or community centers or conveying a civic or public interest message.

      11.   Sign supports shall consist of at least thirty percent (30%) of the total sign width; each single support shall consist of at least fifteen percent (15%) of the total sign width.

      12.   Signs shall be composed of a decorative base, support, and sign face.

   H.   Window Signs: Window signs are permitted as identified in section 21-4-3.8, table 4.3-1 of this section 21-4-3, subject to the conditions identified below:

      1.   Inclusion In Total Aggregate Sign Area: Window signs that are permanent shall be included in the total aggregate sign area.

      2.   Percentage Of Total Window Area: Permanent window signage shall be limited to twenty five percent (25%) of the total window area in which it is placed.

      3.   Sign Preparation: Permanent window signs shall be prepared by a professional sign company.

      4.   Temporary Window Decorations/Painting:

         a.   Window decorations/painting signs are permitted in all zoning districts and shall not require a sign permit or be considered part of the total aggregate sign area.

         b.   Holiday decorations may be displayed on a temporary basis for civic, patriotic or religious holidays.

         c.   The coverage of window decoration/painting and signage must not exceed seventy five percent (75%) of the total window area.

         d.   Window decoration shall not contain any form of advertising copy, including but not limited to, name of business, logo or sale language. (Ord. 18-880, 7-23-2018)

Signs that meet the standards of this section are exempt from the standards for permanent signs and are not counted in the total aggregate sign area allowed on any particular property or site.

   A.   A-Frame Signs: A-frame signs are permitted as identified in section 21-4-3.8, table 4.3-1 of this section 21-4-3, subject to the conditions identified below:

      1.   Uses permitted to display A-frame signs may display a maximum of one such sign per street, public access driveway, or public alley frontage. Such signs shall be located as follows:

         a.   On the same property as the use.

         b.   Within the right-of-way of the nearest adjacent public street to the use.

      2.   The location of A-frame signs shall be restricted as follows:

         a.   Such signs shall not be located on the paved portion of any public street, any sidewalk, or any median.

         b.   Such signs shall not be located within a designated parking or loading area.

         c.   Signs shall not be located in a manner that poses a traffic vision hazard.

         d.   A-frame signs must be placed at least one foot (1') behind the curb or public sidewalk. If no curb or public sidewalk is present, signs shall be located at least five feet (5') from the edge of the paved portion of the public right-of-way.

         e.   Uses within the Downtown District may use A-frame signs on public or private sidewalks, provided the portable sign does not obstruct the pedestrian walkways and shall only be placed within the first three feet (3') of the sidewalk located immediately adjacent to the curb, leaving a minimum sidewalk clearance of five feet (5').

      3.   No sign may be greater than six (6) square feet per side with a maximum height of three feet (3').

      4.   Signs shall be weighted down and constructed of wrought iron; sheet metal; one-eighth inch (1/8")-thick plastic; or of wood that is at least three-eighths inch (3/8") thick. No other materials are acceptable.

      5.   Signs must be manufactured by a licensed and bonded sign company.

      6.   Signs shall be clean and in good working order.

      7.   Attachments to signs are limited to balloons flown no higher than six feet (6') from the ground. If attachments are used, the A-frame sign must be set back from the curb and/or sidewalk a minimum of three feet (3').

      8.   Landscaping cannot be modified or damaged to accommodate an A-frame sign.

      9.   Signs may be placed, in the permitted areas, only between sunrise and sunset. Signs shall be removed daily prior to sunset, except if used to advertise a meeting then they shall be removed at the conclusion of the meeting, or they shall be subject to confiscation by the City.

   B.   Banner Signs: Banner signs are permitted as identified in section 21-4-3.8, table 4.3-1 of this section 21-4-3, subject to the conditions identified below:

      1.   In Residential Districts, temporary banners are not permitted on sites with individual dwelling units. Banners for holidays and special family events are excepted.

      2.   On multi-family or non-residential uses in Residential Districts and in the Commercial and Industrial Zoning Districts one banner per street frontage, no larger than thirty two (32) square feet in size, is permitted per development or business.

      3.   Banner signs shall be securely affixed to the wall or fence of a permanent structure or building, where feasible. No banner shall exceed the height of the prevailing roofline, or exceed the building height allowed by this chapter, whichever is less.

      4.   Banner signs shall not be located in a manner that poses a traffic vision hazard and shall not be placed within the public right-of-way.

      5.   Shall be displayed for a maximum of fourteen (14) days per occurrence, up to a total of six (6) permits per calendar year.

   C.   Sign Walkers: Sign walkers are permitted as identified in section 21-4-3.8, table 4.3-1 of this section 21-4-3, subject to the conditions identified below:

      1.   If located within the right-of-way, a sign walker shall be positioned behind the curb or, if no curb is present, ten feet (10') behind the edge of pavement.

      2.   Sign walkers shall not erect or place tents, temporary structures, umbrellas, chairs or stools within the public right- of-way or adjacent property.

      3.   Sign walkers shall not be positioned so as to obstruct vehicle sight lines.

      4.   Sign walkers shall not obstruct the free movement of pedestrians on sidewalks.

      5.   Sign walkers are not allowed in the medians of public streets.

      6.   The sign worn, held or balanced by a sign walker shall be a maximum of five (5) square feet in size and may be double sided.

   D.   Weekend Directional Signs: Weekend directional signs are permitted as identified in section 21-4-3.8, table 4.3-1 of this section 21-4-3, subject to the conditions identified below:

      1.   Must be placed at least one foot (1') behind the curb. If no curb is present, signs shall be located at least one foot (1') from the edge of the paved portion of the public right-of-way. Weekend directional signs shall not be placed on sidewalks or within the center medians that divide portions of paved or unpaved roadways.

      2.   The maximum size shall not exceed four (4) square feet.

      3.   The maximum height shall not exceed three feet (3').

      4.   Signs shall be constructed of heavy duty, weather-resistant material, such as laminated paper, plastic foam core, or similar material. Placement stakes shall be wood or heavy gauge wire.

      5.   Weekend directional signs shall not be attached to any utility pole or box, light pole, street sign, tree or any structure within the public right-of-way.

   E.   Yard Signs: Yard signs are permitted as identified in section 21-4-3.8, table 4.3-1 of this section 21-4-3, subject to the conditions identified below:

      1.   For non-multi-family residential uses in Residential Districts, yard signs shall be limited to one sign per property with a maximum size not to exceed six (6) square feet and maximum height of six feet (6').

      2.   For multi-family residential uses in Residential Districts, yard signs shall be limited to one sign per property with a maximum size not to exceed eight (8) square feet and maximum height of six feet (6').

      3.   Yard signs with a sign area six (6) square feet or less shall not require a sign permit, provided the sign complies with the requirements of this subsection.

      4.   On non-residential uses in the Residential District and in the Commercial, Industrial, and Aviation Overlay Zoning Districts yard signs shall be limited to one sign per property with a maximum size not to exceed thirty two (32) square feet and a maximum height of eight feet (8').

      5.   Shall not be located within any right-of-way whether dedicated or owned in fee simple or as an easement.

      6.   Shall only be located on property that is owned or leased by the person whose sign it is and must not be placed on any utility pole, street light, similar object, or on public property.

      7.   Shall not be illuminated.

      8.   Shall be displayed for a maximum of six (6) months per occurrence, with up to one extension subject to approval per calendar year.

   F.   Political Signs: For regulations related to political signs please refer to Arizona Revised Statutes section 16-1019. (Ord. 18-880, 7-23-2018)

A permit is required to erect, re-erect, construct, alter or move certain sign types within the City. A separate permit shall be required for each sign or group of signs on a single supporting structure. In addition to a sign permit, an electrical permit shall be obtained for all electric signs. All electric signs shall be subject to the provisions of the adopted Electrical Code of the City in effect at the time of submittal of the plans. All components of the electric sign shall bear the label of an approved agency.

   A.   Master Sign Program: To provide a mechanism by which the sign regulations established in this section 21-4-3 can be modified to ensure that signs for a uniquely planned or designed development or area are most appropriate for that particular development or area, a master sign program may be requested per the guidelines identified below.

      1.   A master sign program may be:

         a.   Requested by the developer, owner or master lessor of a development or parcel that is a minimum of ten (10) gross acres; or

         b.   Initiated by the City for a particular area in furtherance of a specific plan, revitalization program, overlay zone, or other area wide planning tool.

      2.   A master sign program may include provisions that are more and/or less restrictive than the regulations established in this section 21-4-3 as related to issues of size, location, color, construction materials and design of the sign but without consideration as to the message to be displayed on the sign based on the particular unique features of the development.

      3.   Each master sign program applicant shall show to the Administrator's satisfaction why the modifications requested are warranted and how the total sign proposal for the development meets, on balance, the general purpose and intent of this section 21-4-3.

      4.   A master sign program application shall be approved, conditionally approved, or disapproved through the sign permit - master sign program review process.

      5.   A new master sign program approval shall be obtained for substantial revisions to the original approval, as determined by the Zoning Administrator.

   B.   Comprehensive Sign Plan: To ensure large multi-building, tenant developments or complexes maintain a cohesive and aesthetically pleasing design theme, comprehensive sign plans shall be required for developments containing more than three (3) structures or businesses.

      1.   Comprehensive sign plans shall meet all sign criteria of the City within the Commercial and Industrial Zoning Districts. The following elements are required for submittal and approval:

         a.   Name, address and phone number of property owner or designee.

         b.   Written text clearly outlining the sign plan to include all suites, offices or other leased/leasable space.

         c.   Name and address of property for which the comprehensive sign plan is designated.

         d.   Design criteria allowed for signage (i.e., colors, installation method, materials, type of signage, etc.). If it is the intention of the property owner to allow nationally recognized registered logos, this must be specified in the plan.

         e.   Site plan showing all lot dimensions, suites, offices or other leased/leasable space and proposed/existing signage placement (drawn to scale).

         f.   Elevations showing proposed sign envelopes.

         g.   Lineal footage of building(s).

         h.   Allocation chart showing allowable and utilized sign square footage for each suite, office or space number.

         i.   Comprehensive sign plan amendments must be made in writing and submitted, reviewed and approved by the Zoning Administrator.

         j.   A comprehensive sign plan denial, by the Zoning Administrator, may be appealed to the Board of Adjustment.

      2.   For tenants of a development that has an approved comprehensive sign package, sign permits will only be issued for signs that comply with the previously approved comprehensive sign package or receive approval through the master sign program.

   C.   Sign Permit Criteria: Sign permits are subject to review and approval by the Zoning Administrator, or designee, per article VI, "Zoning Procedures", of this chapter. The following information shall be submitted to obtain a sign permit, unless alternative arrangements are made as part of a master sign program or comprehensive sign plan as specified herein:

      1.   The applicant's name, name of business, business address, work telephone number and email address. If different, the application shall also include the name, address, work telephone number, email address and signed authorization of the property owner.

      2.   The name, address, contact information and ROC# of the Arizona licensed sign contractor.

      3.   The address of the site for the proposed signage.

      4.   Two (2) scaled drawings of the proposed signage that include at a minimum:

         a.   All sign dimensions, including the height of the signage.

         b.   Sign finish, materials and colors.

         c.   A site plan showing the proposed location of signage.

         d.   Any building elevations showing proposed location of signage.

         e.   Electrical plans (if applicable), including the source of sign illumination and applicable details of the fixture and screening.

         f.   The landscape details (i.e., planting design, vegetation types, irrigation service, wall components, etc.) for signs with a landscape requirement.

      5.   The Zoning Administrator may require other pertinent information where, in his/her opinion, such information is necessary to insure compliance with this chapter.

   D.   Incentive Design Guidelines:

      1.   Purpose: A bonus allowance for outstanding design is intended to allow flexibility to the sign regulations while still fulfilling their intent. The specific approval criteria allow the option to review and approve signs that not only enhance the overall character of an area, but also encourages unique signs of exceptional design or style.

      2.   Procedure/Approval Criteria: A bonus allowance for outstanding signage design may be approved if the Zoning Administrator finds that the applicant has shown that the criteria below are met.

         a.   The adjustment does not exceed thirty percent (30%) of the allowable sign area for the proposed sign;

         b.   Exhibits technical competence and quality in design, construction, durability, and includes specific details;

         c.   Relates to and complements architectural features;

         d.   Presents a harmonious relationship to other graphics and street furniture in the vicinity;

         e.   Be of a size and height that is in scale with the surrounding setting, buildings, or structures. (Ord. 18-880, 7-23-2018)

The purpose of this section 21-4-4 is to establish general guidelines for the installation of wireless facilities, including towers and antennas. The regulations for wireless facilities have the following specific objectives:

   A.   To establish uniform standards and procedures to manage the development, siting, installation, and operation of wireless facilities in compliance with the Federal Telecommunications Act of 1996;

   B.   To minimize the adverse visual effects of wireless facilities through careful design, siting, and screening, while preserving the rights of wireless telecommunications providers;

   C.   To strongly encourage the joint use (co-location) of new and existing wireless facility sites as a primary option rather than construction of additional single-use towers;

   D.   To allow appropriate development of wireless facilities to provide services within the City in a manner that will protect and promote public health and safety, preserve the City's residential character and uncluttered appearance and prevent visual blight;

   E.   To apply these provisions to all new wireless facilities and the expansion and/or alteration of any existing wireless facility;

   F.   To encourage users of wireless facilities to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, screening, and innovative camouflaging techniques. (Ord. 18-880, 7-23-2018)

   A.   Wireless Facilities, Freestanding: All new wireless freestanding structures (or support structures), including a monopole, tower (guyed or lattice) and alternative structure, in the City, and their related equipment, shall be subject to a CUP in any zoning district. The CUP process is described in section 21-6-7 of this chapter.

   B.   Modifications To Pre-Existing Freestanding Wireless Facilities: All modifications or alterations to towers and antennas in the City, and their related equipment, are subject to these regulations. The review process and permit type required is determined based on the scale of the modification(s) and whether or not a conditional use permit is in good standing. Review and permitting procedures, via administrative approval or conditional use permit, is a determination made during a pre-application review by the Community Development Director or designee in accordance with the requirements of this section 21-4-4.

   C.   Mobile And Temporary Wireless Facilities: All new mobile and temporary antennas in the City shall be subject to these regulations and require a temporary use permit. In the event an approved conditional use permit for a permanent tower or antenna does not provide for an interim mobile or temporary antenna, mobile and temporary antennas shall be reviewed and permitted by temporary use permit for a period not to exceed twelve (12) months. More than one temporary use permit may be approved for the same temporary antenna. These facilities do not require a CUP, if said facilities conform to the development standards of the underlying zoning district.

   D.   Amateur Radio Towers And Antennas: This section 21-4-4 shall govern the installation of any tower or antenna that is an amateur radio station operators/receive only operations, that is under the maximum building height of the zoning district in which such structure is located and which is owned and operated by a Federally-licensed amateur radio station operator or is used exclusively for "receive only" operations. These facilities do not require a CUP if said facilities conform to the development standards of the underlying zoning district.

   E.   Commercial Television And/Or Radio Antennas: All new commercial television and/or radio antennas intended for commercial transmission and broadcasting are permitted under the maximum building height of the underlying zoning district. Commercial television or radio antennas proposed to exceed the maximum building height of the underlying zoning district shall be approved by conditional use permit.

   F.   Exceptions: The following are exempt from the provisions of this section 21-4-4:

      1.   Valid Use Permits: Legally established pre-existing towers and pre-existing antennas with a valid conditional or special use permit shall not be required to meet the requirements of this section 21-4-4. Legal non-conforming antennas and towers proposed for modifications may be allowed (for modifications to pre- existing towers and/or antennas).

      2.   Public Safety Communications Facility: A administrative approval may be approved for a public safety communications facility seventy five foot (75') in height or less in any Public Facility or Industrial Zoning District.

      3.   Modification To Existing Wireless Facility: A administrative approval may be approved for a modification, improvement or co-location of an existing wireless facility (75 feet in height or less) in a Commercial and Industrial Zoning District and (65 feet in height or less) in any Residential District.

      4.   Small Wireless Facilities: The construction, improvement, co- location, modification, repair or operation of small wireless facilities may be located within any City right-of-way or any areas outside of the right-of-way that are not zoned exclusively for residential uses. Said small wireless facilities shall be permitted by right and not subject to any zoning or CUP review and approval. Additional City permits may apply for the construction, improvement, co-location, modification, repair or operation of small wireless facilities. (Ord. 18-880, 7-23-2018; Ord. 19-888, 10-14-2019)

   A.   Land Use Regulations: Wireless facilities are permitted as a CUP in all zoning districts with the exception of small wireless facilities and certain public safety communication facilities as described in subsection 21-4-4.2E of this section 21-4-4.

   B.   Residential Zoning Districts: Wireless facilities are permitted by CUP in Single-Family and Multi-Family Residential Zoning Districts only on property owned by:

      1.   Government Use: The State, County, the City of Eloy, public school district, and/or private schools, HOA approved tract, or community college district, if the primary use of such property is a government use;

      2.   Utility Use: A public or private utility company, if the property is used for a utility use; or

      3.   Worship Or Assembly: A place of religious assembly, if the primary use of such property is for worship or place of public assembly.

      TABLE 4.4-1

      WIRELESS FACILITY SITE DEVELOPMENT REGULATIONS -

      SINGLE-FAMILY AND MULTI-FAMILY RESIDENTIAL

 

   Note:

      1.    110 percent of the height of the proposed tower and antenna combined.

   C.   Commercial Zoning Districts: Wireless facilities are permitted in Commercial Zoning Districts, subject to the following regulations:

      TABLE 4.4-2

      WIRELESS FACILITY SITE DEVELOPMENT REGULATIONS -

      COMMERCIAL AND OFFICE ZONING DISTRICTS

 

   Note:

      1.    110 percent of the height of the proposed tower and antenna combined.

   D.   Industrial Zoning Districts: Wireless facilities are permitted in Industrial Zoning Districts subject to the following regulations:

      TABLE 4.4-3

      WCF SITE DEVELOPMENT REGULATIONS INDUSTRIAL DISTRICTS

 

   Note:

      1.    110 percent of the height of the proposed tower and antenna combined.

(Ord. 18-880, 7-23-2018; Ord. 19-888, 10-14-2019)

Wireless facilities, antennas, antenna support structures, and related equipment shall be located, designed, and screened to integrate and complement the existing natural or built surroundings and existing supporting structures.

   A.   Design And Visibility: All wireless facilities shall be designed and located to minimize their visibility to the greatest extent feasible. All wireless facilities proposed for locations where they would be readily visible from adjacent property and public right-of-way (measured from the center of the tower location) shall incorporate appropriate camouflage "stealth" techniques to disguise the facility and/or blend into the surrounding environment, to the extent feasible. Said camouflage techniques commonly include, but are not limited to; "mono- palms", "mono-pines", "flag pole", "water-tower" or "clock tower" designs, wireless facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting.

   B.   Screening: Antenna support equipment for freestanding wireless facilities shall be screened by a maximum eight foot (8') masonry wall (i.e., smooth face with stucco finish or split face) or placed within a fully enclosed building. When placed within a fully enclosed building, the building design shall be no taller than one story or fifteen feet (15') in height with elevations designed and constructed in a manner compatible with regionally contextual architecture. When both a masonry wall and enclosure are required, the two (2) elements should be designed to integrate together in complementary design featuring at least one face of the building facade.

   C.   Freestanding Antenna(s):

      1.   Antenna facilities that are not camouflaged or stealth sited shall be close mount, to the extent possible.

      2.   Stealth or camouflaged facilities shall not have antenna mounts that extend beyond the outside edge (array) of the materials used to provide the stealth or camouflage design.

      3.   Freestanding wireless facilities shall be painted or treated to minimize the contrast of the tower against the horizon. At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening and landscaping that will integrate the built structures into the natural setting.

      4.   Wireless facility support structures and antennas shall be painted/coated in a non-glossy color and/or exterior finish so as to visually connect with surrounding properties.

   D.   Building Mounted Antenna(s) And Support Equipment:

      1.   If an antenna is installed on a building, the antenna and supporting electrical and mechanical equipment must be architecturally integrated in a manner that is identical to, or closely compatible with, the color/texture of the building structure so as to make the antenna and related equipment as visually unnoticeable as possible.

      2.   Roof-mounted or facade-mounted antennas proposed on an existing building, or on a tower, pole, or other structure shall not extend or project more than ten feet (10') above the existing height of the building or structure.

   E.   Stealth Alternative Wireless Facility And Antenna(s):

      1.   When an alternative wireless facility or co-location does not exist on a parcel adjacent to a residential use, stealth design shall be provided. A stealth facility shall be designed and constructed to appear architecturally integrated with the surrounding built environment or the natural setting to minimize the adverse visual impact and ensure the facility is compatible with the environment in which it is located. (Ord. 18-880, 7-23-2018)

   A.   Principal Or Accessory Use: Wireless facilities may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

   B.   Inventory Of Existing Sites: Each applicant for a new wireless facility shall provide to the Community Development Director an inventory of all existing towers, antennas, or sites within two (2) miles of the proposed location for wireless facility, that are either within the jurisdiction of the City and/or within one mile of the border thereof, including specific information about the location, height, and design of each wireless facility. The Community Development Department shall maintain a map and database with the above information available for public review and purchase. It shall be the responsibility of the applicant to verify and update any information provided by the City.

   C.   State Or Federal Requirements: All wireless facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or Federal government with the authority to regulate wireless facilities. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section 21-4-4 shall bring such wireless facilities into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring wireless facilities into compliance with such revised standards and regulations shall constitute grounds for the removal of the wireless facilities at the owner's expense.

      1.   Freestanding wireless facilities are prohibited in the Eloy Municipal Airport Runway Protection Zone (RPZ) designated by the FAA.

   D.   Lighting: Freestanding wireless facilities shall not be artificially lit, unless required by the FAA or other applicable authority, or as otherwise approved by the Eloy City Council. If lighting is required for ground equipment, a lighting plan shall be submitted in accordance with section 21-4-5 of this article.

   E.   Building Codes And Safety Standards: To ensure the structural integrity of wireless facilities, the owner of a wireless facility shall ensure that it is maintained in compliance with standards contained in applicable State or local Building Codes and the applicable standards for towers that are published by the Electronic Industries Association (EIA) and by the Telecommunications Industries Association (TIA), as amended from time to time. If, upon inspection, the City concludes that a wireless facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the wireless facility, the owner shall have thirty (30) days to bring such tower into compliance with such standards, or as otherwise specified in writing by the building official. Failure to bring such wireless facility into compliance within said thirty (30) days, or as otherwise specified, shall constitute grounds for the removal of the wireless facility or antenna at the owner's expense.

   F.   Measurement: For purposes of measurement, freestanding wireless facility setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of Municipal and County jurisdictional boundaries. Distance separation requirements shall be measured from the farthest extents of the tower site, including fence and/or base equipment, to the nearest impacted property line.

   G.   Franchises: Owners and/or operators of wireless facilities shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the City have been obtained and shall file a copy of all required franchises with the City.

   H.   Signs: No signs shall be allowed on a wireless facility or any portion of the premises leased for wireless telecommunication use, except for a permanent, weather-proof identification sign, approximately sixteen inches (16") by thirty two inches (32") in size, must be placed on the gate of the fence or wall surrounding the facility or, if there is no fence or wall, on the facility itself. The sign must identify the facility operator(s), provide the operator's address, and specify a 24-hour telephone number for reaching the operator or an agent.

   I.   Co-Location And Multiple Antenna/Tower Plan: The City encourages wireless facility users to submit a single application for approval of multiple wireless facilities and/or antenna sites and to submit applications which utilize co-location with an existing wireless telecommunications provider.

   J.   Modification Of Building Size Requirements: The requirements of this section 21-4-4 may be modified by the City Council in the case of uses permitted by conditional use to encourage co- location.

   K.   Site Security And Ground Equipment: Outdoor ground equipment, unless placed in underground equipment shelters, shall be enclosed with a maximum eight foot (8')-high masonry wall, shall be constructed of block or masonry, and secured in a method as otherwise determined by the Community Development Director. All lattice towers (or other structures deemed climbable) shall be equipped with an anti-climbing device.

   L.   Landscaping: The following requirements shall govern the landscaping of surrounding towers; provided, however, that the City Council may reduce or waive such requirements, if the goals of this section 21-4-4 would be better served thereby.

      1.   Freestanding wireless facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the freestanding wireless facility from residential property and commercial property or viewable from the public right-of-way. The standard buffer shall consist of a landscaped strip at least eight feet (8') wide outside the perimeter of the compound and any other areas disturbed during construction.

      2.   Every twenty (20) lineal feet on center of the perimeter of the enclosure of the building shall be landscaped with vegetation from the Pinal Active Management Area (AMA) Low Water Use/Drought Tolerant Plant List at a rate of one (1) 24-inch box tree and ten (10) 5-gallon size shrubs. All landscaping shall be irrigated. The landscaping and irrigation system shall be maintained throughout the life of the facility.

      3.   Additional landscaping may be required at the discretion of the Community Development Director as needed to effectively blend applications with the surrounding environment.

      4.   Existing mature plant growth and natural land forms on the site shall be preserved to the maximum extent possible.

   M.   Parking And Access: A minimum of one (1) nine foot (9') by eighteen foot (18') off street parking stall shall be required for the ongoing maintenance of the facility. Parking and maneuvering areas shall be surfaced with approved all weather treatment as determined by the City Engineer and to meet public safety access requirements for connection to improved right-of- way. The access surface is to be maintained by the tower operator/owner.

   N.   Noise: No permit (conditional or administrative use permit) shall be issued for any facility which generates a noise level greater than fifty decibels (50 dB) as measured at the edge of the property upon which such facility is sited.

   O.   Term: In the event a building permit is not received within two (2) years or as otherwise stipulated, or reasonable effort is not made to receive a building permit as determined by the Community Development Director, the administrative approval or conditional use permit shall expire. Each administrative approval or conditional use permit issued shall be for a period of five (5) years for freestanding wireless facility applications, and a period of ten (10) years for building mounted antennas, alternative tower mounted antennas, and stealth tower and antennas.

      1.   Expiration: At the end of the above specified term, the permit shall automatically expire unless a written request for renewal is submitted by the applicant, prior to expiration, and received by the Community Development Director. The City shall notify the applicant in writing at least ninety (90) days prior to the expiration date of the permit for the wireless facility. Upon the expiration of any required permits for the wireless facility, it shall be removed in accordance with the requirement of this section.

      2.   Renewal: If a request for renewal of the required permit(s) is received, the permit shall remain in effect until a decision on the renewal is made. The renewal request shall be reviewed in a similar manner as the original approval.

The review is to ensure that the facility is still in operation; that it has been properly maintained; that the original conditions of approval have been adhered to and whether they are to remain the same or need to be modified; and to determine if new technology exists to upgrade the facility to achieve the purpose, intent, goals and provisions of this section 21-4-4. If new technology exists that will allow the redesign or relocation of the facility to achieve the purpose, intent, goals and provisions of this section 21-4-4, then the facility must be redesigned and/or relocated accordingly. Failure to comply with this requirement may be considered grounds for denial of a new permit.

   P.   Conditions Of Approval: The City may add conditions to any new permits as necessary to advance a legitimate governmental interest related to health, safety, or welfare, provided, however, that any condition shall comply with applicable FCC regulations and standards, and that reasonable advance notice thereof has been provided to all affected parties.

   Q.   Decision To Deny: If a permit is not renewed, the City shall give the applicant written notice thereof together with the rationale and evidence on which the City's decision was made.

   R.   Support Structures:

      1.   Alternative Wireless Facility Building Element: A building used as a support structure for a wireless facility shall not be inhabited in any manner.

      2.   Monopole: Any new monopole shall be constructed to allow for co-location of at least one other similar wireless communication antenna. If constructed to less than the maximum height permitted, the monopole shall have the capability of having an additional vertical section added.

      3.   Alternative Wireless Facility Light Pole: When an alternative wireless facility light pole replaces one of a group of light poles, its dimensions and appearance shall replicate those of the existing light poles to the maximum extent feasible.

      4.   Existing Vertical Element, Recreational Field Light Pole: When a recreational field light pole replaces one of a group of light poles, its dimensions and appearance shall replicate those of the existing light poles to the maximum extent feasible.

   S.   Portable Monopoles:

      1.   Temporary Replacement Monopoles: A portable monopole is permitted during the construction, modification, or replacement of an approved wireless facility. Placement of the portable monopole shall be approved by the Community Development Director.

      2.   Special Event Monopoles: A portable monopole is permitted during a special event. Placement of the portable monopole shall be approved as part of the special event permit, in accordance with section 21-6-8 of this chapter. (Ord. 18-880, 7-23-2018)

   A.   Wireless Facility Information Required: In addition to any information required for applications for a conditional use permit pursuant to section 21-6-7 of this chapter, applications for a wireless facility shall submit the following information:

      1.   A scaled site plan clearly indicating the location, type, and height of the proposed tower or antenna, including:

         a.   On-site structures, land uses and zoning designation(s);

         b.   Adjacent structures, land uses and zoning within fifty feet (50') of the property line (including when adjacent to other municipalities);

         c.   The setback distance between the proposed wireless facility to all applicable building structures, residential uses, and Commercial and Industrial zoned properties as set forth in the tables in section 21-4-4.3 of this section 21-4-4;

         d.   Adjacent roadways and proposed (or existing) means of access; and

         e.   Required and proposed setbacks from property lines.

      2.   A CUP application requires a photo simulation of the proposed wireless facility as reviewed from adjacent right-of-way(s). The Community Development Director may request additional simulations as necessary to determine the visual impact of the proposed facility;

      3.   The separation distance from other wireless facilities described in the inventory of existing sites submitted, pursuant to this section 21-4-4, shall be shown on a site plan or map. The applicant shall also identify the type of construction of the existing wireless facility and the owner/operator of the existing wireless facility, if known;

      4.   A description of compliance with section 21-4-4.5, "General Development Requirements", of this section 21-4-4, and all applicable Federal, State, County or local laws;

      5.   A notarized statement by the applicant as to whether construction of the wireless facility will accommodate co- location of additional wireless facilities for future users;

      6.   If applicable, an analysis explaining the reasons co-location is not feasible on existing wireless facilities, or other vertical structures in the vicinity, and describing the alternative technologies considered to provide similar services in lieu of a new tower or antenna;

      7.   A CUP application requires a description of the feasible alternative location(s) of future wireless facilities within the City based upon existing physical, engineering, technological or geographical limitations in the event the proposed wireless facility is not erected;

      8.   A statement of compliance with applicable Federal Communications Commission (FCC) radio frequency (RF) exposure standards; and

      9.   Additional information may be required as deemed necessary to determine compliance with the goals of this section 21-4-4. (Ord. 18-880, 7-23-2018)

The purpose of this section 21-4-5 is to reduce excessive levels of light intensity so that it does not interfere with the enjoyment of private property, cause safety hazards for drivers and users of the public right-of-way or obstructs astronomical observations in the area. The regulations for outdoor lighting have the following specific objectives:

   A.   To establish procedures and standards that minimize light trespass and light pollution.

   B.   To reduce glare and conserve energy by controlling the artificial illuminating devices emitting rays into the night sky.

   C.   To preserve the low light level conditions that are inherently characteristic of the rural lifestyle.

   D.   To allow only the quantity and level of lighting necessary for safety, security and the enjoyment of private property. (Ord. 18-880, 7-23-2018)

   A.   All outdoor lighting fixtures shall be installed in conformance with the provisions of this chapter and the applicable provisions of the Building Codes, Electrical Codes and Sign Code requirements currently in effect in the City of Eloy and under appropriate permit and inspection.

   B.   Where any provisions of the Arizona Revised Statutes, or any Federal law, or any companion ordinance conflicts with the requirements of these outdoor lighting provisions, the most restrictive shall govern. (Ord. 18-880, 7-23-2018)

   A.   Existing Buildings And Uses: Any new outdoor lighting installed upon a building or parcel, lot or tract of land shall meet the requirements of this section 21-4-5 with regard to the pole height, lamp type and shielding requirements. The total outdoor light output, after the new lights are installed, shall not exceed that intensity of light that was emitted in a legally non-conforming manner prior to the lighting component update or modification.

   B.   New Uses, Buildings, And Major Additions Or Modifications: The requirements of this section 21-4-5 apply to any and all new and major additions to land uses, developments, buildings, or structures.

      1.   Major Additions: If a major addition occurs on a property, the entire property shall comply with the requirements of this section 21-4-5. For purposes of this section, the following are considered to be major additions:

         a.   Additions of twenty five percent (25%) or more in terms of additional dwelling units, gross floor area, seating capacity, or parking spaces, either with a single addition or with cumulative additions subsequent to the effective date of this section 21-4-5; and

         b.   Single or cumulative modification or replacement of outdoor legally installed lighting fixtures constituting twenty five percent (25%) or more of the lumens that would be permitted under this section 21-4-5 for the property, no matter the actual amount of lighting already on a non-conforming site, constitutes a major addition for purposes of this section.

      2.   Minor Additions Or Modifications: Additions or modifications of less than twenty five percent (25%) in terms of additional dwelling units, gross floor area, seating capacity, or parking spaces to existing uses shall require the submission of a complete inventory and site plan detailing all existing and any proposed new or modified outdoor lighting. Any new or modified outdoor lighting on the site shall meet the requirements of this section 21-4-5 with regard to pole height, shielding and lamp type; the total amount of light emitted (after the modifications are complete) shall not exceed that which was emitted on the site before the modification, or that light intensity permitted by this section 21-4-5, whichever is larger.

   C.   Change Of Use: Whenever the use of any existing building, structure or premises is intensified through the incorporation of additional dwelling units, gross floor area, seating capacity, or other units of measurement which create a need for an increase in the total number of parking spaces of twenty five percent (25%) or more (either with a single change or cumulative changes subsequent to the effective date of this section 21-4-5) then all outdoor lighting shall be reviewed and brought into compliance with the requirements of this section 21-4-5 before the use is resumed (to the maximum extent feasible) as determined by the Zoning Administrator. (Ord. 18-880, 7-23-2018)

The following outdoor lighting uses and/or luminaires are hereby exempt from the provisions of this section 21-4-5:

   A.   Emergency lighting used by police, fire fighting, governmental, military, correctional facilities or medical personnel is exempt from the requirements of this section 21-4-5 so long as an emergency situation exists.

   B.   Streetlights installed and used in public rights-of-way.

   C.   Outdoor lighting in which lumens are produced directly by the regulated combustion of fossil fuels within enclosed housings such as gas lamps, lanterns and/or fire pits.

   D.   Lighting of any outdoor recreational or athletic field, court, track or range. See subsection 21-4-5.5G of this section 21-4-5 for additional requirements.

   E.   Federal, State and City facilities. Those facilities and lands owned, operated or protected by the U.S. Federal government, State, or the City are exempted by law from all requirements of this article. Voluntary compliance with the intent of this section 21-4-5 of those facilities is strongly encouraged.

   F.   Holiday lights. Low wattage outdoor lighting fixtures for traditional holiday decorations; except for floodlights or spotlights.

   G.   Landscape lighting. Landscape accent lighting consisting of low voltage light fixtures and/or incandescent bulbs, under thirty five watts (35 W) per fixture, are exempt provided they are shielded.

   H.   Special event lighting. Outdoor lighting associated with a use in which a special event permit must be obtained from the City of Eloy. Such special events shall include, but not be limited to, any fair, parade, march, procession, festival, street dance, circus, carnival, concert, performance, rodeo, race, Christmas tree sales lot or another temporary activity using outdoor spaces and inviting public participation and patronage (with or without charge) whether held on public or private property. (Ord. 18-880, 7-23-2018)

   A.   Preferred Light Sources: Due to their high energy efficiency, long life, and spectral characteristics, low pressure sodium and narrow spectrum amber LED lamps are the preferred light sources for minimizing adverse effects to the enjoyment of private property and on astronomical observations. However, other light sources such as high-pressure sodium, incandescent, and fluorescent lighting are also permitted.

   B.   Prohibited Light Sources:

      1.   Mercury Vapor Lamps: The installation, sale, offer for sale, lease or purchase of any mercury vapor lamp for use as outdoor lighting is prohibited. The use of legal, non-conforming mercury vapor light fixtures (installed prior to 1983) is prohibited after January 1, 2011, as per Arizona Revised Statutes 49-1104.

      2.   Metal Halide Or Quartz Halogen: The installation of metal halide or quartz halogen lamps, light sources or fixtures.

      3.   Laser Light Sources: The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal ground plane is prohibited.

      4.   Searchlights: The operation of searchlights for purposes other than emergency conditions is prohibited.

      5.   Light Standards (Poles): The installation of poles over twenty feet (20') in height and/or having more than two (2) light fixtures per pole; except for recreational fields.

      6.   Signage: Bottom mounted outdoor light fixtures for any advertising sign lighting is prohibited.

      7.   Security Lighting: Dusk to dawn lights are prohibited. Unshielded wall pack type fixtures are prohibited.

      8.   Landscaping: Unshielded floodlight or spot light fixtures are prohibited.

      9.   Floodlighting: Building mounted floodlights used for area lighting and/or yard security lighting is prohibited, unless the floodlight fixture is fully shielded, directed downward and does not cause or create spill lighting.

      10.   Temporary: Any temporary lighting that violates the provisions of this article.

   C.   Total Outdoor Light Output:

      1.   Total outdoor light output, (excluding interior building lighting and streetlights and pedestrian lighting used to illuminate public rights-of-way) shall not exceed the following lumens per acre as identified in table 4.5-1 of this subsection.

   TABLE 4.5-1

   MAXIMUM TOTAL LIGHT OUTPUT STANDARDS

 

 

Note:

   1.    This represents the maximum CCT levels permitted. Lower CCT levels are encouraged.

      2.   Fully shielded light fixtures located within open parking garages, or located under canopies, building overhangs, or roof eaves, where all parts of the light fixture are located at least five feet (5'), but less than ten feet (10') from the nearest outdoor opening, canopy, or overhang edge shall only contribute towards twenty five percent (25%) of the lumen outputs for said luminaire/light source.

      3.   Fully shielded light fixtures located within open parking garages, or located under canopies, building overhangs, or roof eaves, where all parts of the light fixture are located at least ten feet (10') from the nearest outdoor opening, canopy, or overhang edge shall only contribute towards a maximum of ten percent (10%) of the lumens outputs for said luminaire/light source.

   D.   Shielding: All outdoor luminaires or fixtures, except those exempt from this article, shall be fully shielded in accordance with the provisions of this chapter, or in association with current Illuminating Engineering Society of North America (IESNA) guidelines. Light sources that must be shielded shall be shielded in a manner that the bulb or light source from the fixture is not at all visible from an adjoining property or from the street view when viewed horizontally to the fixture.

   E.   Non-Residential Lighting: The following standards apply to outdoor lighting of all Non-Residential Zoning Districts and/or uses unless exempt, as per section 21-4-5.4 of this section 21-4-5:

      1.   Mounting Height: The height of any exterior fixtures shall not exceed twenty feet (20') from finished grade.

      2.   Light Trespass: Luminaires shall be designed and installed so as not to create conditions of light trespass on any adjacent property. All outdoor light fixtures shall be directed downward and shall be fully shielded. Outdoor light fixtures shall be directed away from any Residential property and shall not detract from driver visibility on adjacent streets. Spill light from any fixture shall be minimized and shall not spill beyond the property line on which the fixture is located.

      3.   Shielding: Luminaires shall be fully shielded and/or aimed downward to reduce the formation of skyglow.

      4.   Color: The rated correlated color temperature (CCT) of light sources shall not exceed three thousand (3000) K.

      5.   Curfew: All outdoor lighting shall be extinguished at ten o'clock (10:00) P.M., or within one hour of the close of business or end of normal operating hours of a facility, whichever is later in the day.

      6.   Wall Packs: The use of unshielded wall pack luminaires in any application is prohibited.

      7.   Safety/Security Lighting At Building Entrances: In Non- Residential Districts, within a fifteen foot (15') radius of the entry door, there shall be the inclusion of a lighting fixture to distinguish the building entrance. Within the Commercial, Industrial and Aviation Overlay Zoning Districts, building or wall mounted fixtures shall be fully shielded and shall not exceed a mounting height of ten feet (10') or a height equal to one-third (1/3) the height of the building wall on which they are mounted, whichever is greater; except that a fully shielded light fixture may be mounted above a bay door or hangar door. The maximum height of lighting standards (poles) used for security purposes, excluding parking lot lighting, shall be twelve feet (12').

      8.   Parking Lot Lighting:

         a.   Within Non-Residential Zoning Districts, the maximum height of parking area lighting standards (poles) shall be twenty feet (20') within the interior of the parking area and sixteen feet (16') at or along the perimeter of the parking area. If the parking area abuts a Residential Zoning District, the maximum height of the lighting standards (poles) shall be sixteen feet (16') within the interior of the parking area and twelve feet (12') at or along the perimeter of the parking area.

         b.   The use of short bollard style shielded light fixtures may be considered in lieu of overhead lighting for parking lot lighting in residential neighborhoods or Residentially zoned property.

         c.   All parking area lighting, serving commercial businesses, shall be turned off one-half (1/2) hour after the close of the business(es) that the parking area serves or as required for the safety of the employees leaving the business.

      9.   Outdoor Signage: All exterior lighting fixtures used to externally illuminate an outdoor advertising sign shall be internally lit within a cabinet or mounted on the top of the sign structure, and fully shielded and directed downward.

   F.   Residential Lighting: The following standards apply to outdoor lighting of all Residential Zoning Districts and/or uses unless exempt, as per section 21-4-5.4 of this section 21-4-5:

      1.   Mounting Height: Exterior fixtures shall be mounted in or on a building wall not to exceed eight feet (8') above finished grade and shielded in such a manner as to avoid creating concentrated light (hot spots) on the structures to which they are mounted.

      2.   Light Trespass: Luminaires shall be designed and installed so as not to create conditions of light trespass on any adjacent property. All outdoor light fixtures shall be directed downward and shall be fully shielded. Outdoor light fixtures shall be directed away from any Residential property and shall not detract from driver visibility on adjacent streets. Spill light from any fixture shall be minimized and shall not extend beyond the property line on which the fixture is located.

      3.   Shielding: Luminaires shall be fully shielded and/or aimed downward to reduce the formation of skyglow. Residential dwellings may install partially shielded light fixtures such as sconces but only at the garage and primary entryway. The application of lighting to architectural features, such as but not limited to, building facade lighting, shall be minimized with all light directed downward away from adjacent lots, streets, and open spaces.

      4.   Color: The rated correlated color temperature (CCT) of light sources shall not exceed three thousand (3000) K.

      5.   Light Output: The light output of exterior lighting shall be limited to one thousand (1000) lumens per luminaire, unless fully shielded.

      6.   Safety/Security Lighting: In Residential Zoning Districts, building or wall mounted fixtures are fully shielded and shall not exceed a mounting height of ten feet (10'). In Residential Zoning Districts, security lighting must be controlled separately from all other lighting with the security lights controlled by timers that regulate their operation time to a maximum of ten (10) minutes and limited to lamps with a maximum of seven hundred fifty (750) lumens. Motion sensor/detector light fixtures, that are fully shielded, are the preferred type for security lighting.

      7.   Parking Lot Lighting: Within the Multiple Residence Zoning Districts, lighting standards (poles) located within the parking areas shall be limited to a maximum height of twelve feet (12'). Motion sensor/detector light fixtures are encouraged to be placed under the parking shade canopy, if such canopies are proposed, to provide both security and parking area lighting.

      8.   Outdoor Signage: All exterior lighting fixtures used to externally illuminate an outdoor advertising sign shall be internally lit within a cabinet or, if mounted on the top of the sign structure, shall be fully shielded and directed downward.

   G.   Recreational And Athletic Field Lighting: Lighting of any outdoor recreational or athletic field, court, track or range is exempted from the provisions of this chapter, provided it meets all of the following conditions:

      1.   Class Of Play: Lighting, in all cases, for outdoor events, athletic fields, courts, pools, tracks or ranges shall be designed in accordance with the lighting types, specifications and illuminance targets of the IESNA.

      2.   Off-Site Impacts: Every reasonable effort must be undertaken to limit the impact of recreational or athletic lighting to the formation of skyglow and light trespass through proper shielding and aiming of luminaires.

      3.   Curfew: All lighting associated with recreational or athletic facilities shall be fully extinguished within one hour of the end of play or ten o'clock (10:00) P.M., whichever is later.

      4.   Non-Field Lighting: All site lighting not directly illuminating the field, court, track or range where play occurs shall conform to the applicable requirements of this chapter.

   H.   Architectural/Landscape Lighting: Architectural lighting used to illuminate the wall or other feature of a building or landscape lighting used to illuminate trees or other landscape elements is permitted subject to the following:

      1.   Short bollard style partially shielded light fixtures or low wattage string lighting of specimen trees is preferred to that of building mounted lighting.

      2.   Architectural and/or landscape lighting is not permitted to be directed upward towards a building or landscape feature.

      3.   Architectural and/or landscape lighting that is directed downward shall be included in the calculation for maximum total outdoor light standards in subsection C1, table 4.5-1 of this section.

      4.   All outdoor ambient lighting fixtures shall be turned off one- half (1/2) hour after the close of the business or as required for the safety of the employees leaving the business. (Ord. 18-880, 7-23-2018)

   A.   All light fixtures shall be "fully shielded" fixtures that minimize light trespass and skyglow (greater than 90 degrees) becoming nuisance lighting on adjacent/neighboring property, creating "hot spots" on the structures to which they are mounted, and light pollution to the neighborhood and community. Recessed lights in exterior soffits, eaves, or ceilings shall have a forty five degree (45°) cutoff.

   B.   Fixtures shall be directed downward and properly aimed on the targeted areas to maximize their effectiveness and minimize the total number of lighting fixtures.

   C.   The following illustrations exemplify the more basic styles of lighting fixtures and are for illustrative purposes only. Fixtures and/or fixtures similar to those labeled as prohibited are prohibited by this section.

 

(Ord. 18-880, 7-23-2018)

   A.   All existing outdoor lighting that was legally installed before the effective date of this chapter (and that does not conform with the provisions of this section 21-4-5) shall be considered non-conforming. Non-conforming outdoor lighting is allowed to remain until required to be replaced pursuant to the terms of this section.

   B.   Luminaires and lighting installations that do not conform to the provisions of this chapter, as of its effective date, shall be allowed to remain in a non-conforming state until seven (7) years from the effective date, at which point they must be brought into conformance.

   C.   In the event that the use of a non-conforming outdoor luminaire is discontinued for six (6) months or is damaged to the point of requiring repairs for safe operation, the repaired or replacement luminaire shall comply with the provisions of this chapter.

   D.   After seven (7) years, from the effective date of this chapter, all non-conforming luminaires and installations shall immediately be brought into conformance upon a registered written complaint.

   E.   All non-conforming luminaires and lighting installations shall be brought into conformance upon replacing a failed lamp or performing any significant maintenance or upgrade to the luminaire, or expansion of the lighting installation. (Ord. 18-880, 7-23-2018)

   A.   Time Limitations: When an application for a change in use, an expansion, modification, or structural alteration to a building or site that has existing legal nonconforming outdoor lighting is submitted to the City, all exterior lighting fixtures shall be brought into conformance with the provisions of this section 21-4-5 at the time of permit issuance.

   B.   Application:

      1.   Any individual applying for a building or use permit under the City regulations intending to install outdoor lighting fixtures shall, as a part of said application, submit evidence that the proposed lighting will comply with this section 21-4-5.

      2.   All other individuals intending to install outdoor lighting fixtures shall submit an application to the Building and Safety Division providing evidence that the proposed work will comply with this section 21-4-5. Landscape lighting or decorative lighting consisting of low voltage light fixtures and/or incandescent bulbs under thirty five watts (35 W) per fixture may be exempt from the requirements of this subsection.

   C.   Contents Of Application: The application shall contain, but shall not necessarily be limited to, the following information:

      1.   Plans indicating the proposed luminaire location on the building and the site (if applicable), and the height of the standard (pole), type of illuminating devices, fixtures, lamps, supports, other devices, the aiming angles, and a statement of the proposed hours when the luminaries will be on and when they will be extinguished.

      2.   Manufacturer's catalog cut sheets and drawings that describe the illuminating devices, fixtures, lamps, lumen outputs and wattages, supports, and other devices, etc.

      3.   For commercial and industrial uses and for all lighted parking lots, a photometric analysis that includes a lumens/foot-candle grid (a minimum of 10 feet between each grid point) that demonstrates adequate intensities and uniformity as well as the maximum lighting intensity (at 5'6" eye illumination levels) as measured at the property lines.

   D.   Issuance Of Permit: Upon compliance with the requirements of this section, the Building and Safety Division shall issue a permit for installation of the outdoor lighting fixtures, to be installed per the approved application. In the event the application is part of a building permit application, the issuance of the building permit will be granted if the applicant is in complete compliance with this section as well as other pertinent laws and regulations.

   E.   Amendment To Permit: Should the applicant desire to substitute outdoor light fixtures or lamps after a permit has been issued, the applicant must submit all changes to the Building and Safety Division for approval, with adequate information to assure compliance with this section. (Ord. 18-880, 7-23-2018)