This article defines the authority and responsibilities of City staff and official bodies in the administration of this chapter. (Ord. 18-880, 7-23-2018)

See City Code Chapter 2, Article I, Sections 2-11 and 2-11.1. (Ord. 18-880, 7-23-2018; Ord. 21-915, 9-13-2021)

The City Council shall have the following powers and duties relating to the administration and enforcement of this chapter:

   A.   Act as the review and decision-making body on all specified planning matters as outlined in this chapter or by State law.

   B.   Take such other action not expressly delegated exclusively to the Community Development Director, the Planning and Zoning Commission, or the Board of Adjustment as the City Council may deem desirable and necessary to implement the provisions of this chapter.

   C.   To hear, review and consider recommendations of the Planning and Zoning Commission on zoning applications, conditional use permits, final plats, and appeals, in accordance with the provisions of this chapter.

   D.   To initiate, hear, review and adopt amendments to the text and/or zoning district map after recommendation by the Planning and Zoning Commission in accordance with the provisions of this chapter.

   E.   To initiate, adopt, and amend the General Plan; including the text, maps and exhibits, and all elements of the General Plan, after recommendation by the Planning and Zoning Commission in accordance with the provisions of this chapter and by State law.

   F.   To initiate, adopt, and amend the General Plan; including the text, maps and exhibits, and all elements of the General Plan, after recommendation by the Planning and Zoning Commission in accordance with the provisions of this chapter. (Ord. 18-880, 7-23-2018)

   A.   The Planning and Zoning Commission and its construct and authority are established in accordance with provisions of Chapter 2 Administration, Article IV, Commissions, Boards and Bureaus, Division 1 Planning and Zoning Commission of the Eloy Code.

(Ord. 18-880, 7-23-2018; Ord. 21-915, 9-13-2021; Ord. 24-980, 10-14-2024, eff. 11-14-2024)

   A.   The Planning and Zoning Commission shall have the following powers and duties set forth in Chapter 2 Administration, Article IV. Commissions, Boards and Bureaus, Division 1. Planning and Zoning Commission, Division 2. Board of Adjustment, and as follows:

      1.   Initiate, conduct hearings, and make recommendations to the City Council on a proposed adoption or amendment to the General Plan, pursuant to section 21-6-4 of this chapter;

      2.   Initiate, conduct hearings, and make recommendations to the City Council on a proposed Zoning Map Amendment and Zoning Ordinance Text Amendment to this chapter, pursuant to sections 21-6-4 and 21-6-6 of this chapter;

      3.   Initiate, conduct hearings, and make recommendations to the City Council on a proposed adoption or amendment to a Specific Plan, pursuant to sections 21-6-4 and 21-6-6 of this chapter;

      4.   Initiate, conduct hearings, and make recommendations to the City Council on a proposed Conditional Use Permits, pursuant to section 21-6-7 of this chapter;

      5.   Initiate, conduct hearings, and make recommendations to the City Council on proposed modifications, including revocations, to approved Conditional Use Permits;

      6.   Initiate, conduct hearings, and make recommendations to the City Council on proposed preliminary plats, pursuant to chapter 15, "Subdivisions", of the Eloy Code;

      7.   Initiate, conduct hearings, and approve, approve with conditions, or deny an application for a Certificate of Appropriateness or Certificate of Economic Hardship, pursuant to section 21-6-13 of this chapter;

      8.   Conduct hearings and decide Site Plan Application decisions, including imposing reasonable Condition(s)-of-Approval on an application brought forth by the Community Development Director due to special circumstances of the application, pursuant to section 21-6-11 of this chapter;

      9.   Conduct hearings and decide on appeals of the Community Development Director’s, or his/her designee’s, decision, or Condition(s)-of- Approval for a Certificate of No Effect or a Site Plan Application brought forth by the property owner, or their authorized agent, pursuant to section 21-6-13 of this chapter;

      10.   On an annual basis, review and make recommendations to the Mayor and City Council concerning the General Plan as well as plans for the development of any land outside the City's planning area, which in the opinion of the commission, is substantially related to the planning of the City;

      11.   To conduct a public meeting as the required "Citizen Review" session prior to a public hearing on any application for the adoption or amendment of the General Plan, adoption or amendment of a Specific Plan, a Zoning Ordinance Text Amendment, a Zoning Map Amendment, and/or a Conditional Use Permit initiated by the City;

      12.   To confer and advise with other City, County, regional, or State planning agencies, boards and commissions;

      13.   Exercise such other powers and perform such other duties as are provided by law and directed by the City Council.

(Ord. 18-880, 7-23-2018; Ord. 24-980, 10-14-2024, eff. 11-14-2024)

(Rep. by Ord. 24-980, 10-14-2024, eff. 11-14-2024)

(Rep. by Ord. 24-980, 10-14-2024, eff. 11-14-2024)

(Rep. by Ord. 24-980, 10-14-2024, eff. 11-14-2024)

(Rep. by Ord. 24-980, 10-14-2024, eff. 11-14-2024)

(Rep. by Ord. 24-980, 10-14-2024, eff. 11-14-2024)

   A.   The Board of Adjustment and its’ construct and authority are established in accordance with provisions of Chapter 2 Administration, Article IV. Commissions, Boards and Bureaus, Division 2. Board of Adjustment of the Eloy Code.

(Ord. 18-880, 7-23-2018; Ord. 21-915, 9-13-2021; Ord. 24-980, 10-14-2024, 11-14-2024)

   A.   The Board of Adjustment shall have the following powers and duties set forth in Chapter 2 Administration, Article IV. Commissions, Boards and Bureaus, Division 2. Board of Adjustment, and as follows:

      1.   Appeal of Zoning Administrator Decision: To hear and decide appeals in which it is alleged that there is an error in an order, requirement or decision made by the Zoning Administrator in the enforcement of this chapter and Chapter 15 Subdivisions. This power shall include the power to reverse, affirm, or modify, wholly or partly, any order, requirement or decision of the Zoning Administrator properly appealed to the Board, and make such order, requirement, decision or determination as is necessary.

         a.   An appeal shall stay all proceedings in the matter appealed from, unless the person from whom the appeal is taken certifies in writing to the Board that the stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by the Board or by a court of record on application and notice to the person from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof.

      2.   Request for Variances: To hear and decide requests for variances from the terms of this chapter. The Board of Adjustment may impose reasonable conditions in a decision to approve a variance.

         a.   Justification for Variance: A variance from the terms of this chapter may only be granted upon the presentation of evidence demonstrating that the specific requirements established by State Statutes have been satisfied:

            i.   There exist special circumstances or conditions regarding the land or building for which the variance or adjustment is sought, which do not apply generally to other land or buildings in the same zoning district; and

            ii.   The above special circumstances or conditions are preexisting and are not created or self-imposed; and

            iii.   The variance is necessary for the preservation of substantial property rights. Without a variance, the property cannot be used for purposes otherwise allowed in the same zoning district and the variance or adjustment, as granted, is the minimum adjustment that will accomplish this purpose; and

            iv.   The granting of the adjustment will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public welfare.

         b.   Prohibited Actions: The Board of Adjustment may not:

            i.   Make any changes in the uses allowed in any zoning classification or zoning district; or

            ii.   Make any changes in the terms of this chapter, provided the restrictions in this paragraph shall not affect the authority to grant variances pursuant to State Statutes.

      3.   Reasonable Accommodation for a Disability:

         a.   A Reasonable accommodation from a development standard of this Chapter for a disability shall not be authorized unless the Board shall find upon sufficient evidence all of the following:

            i.   The requested accommodation has been made by or on behalf of one (1) or more individuals with a disability protected under federal and Arizona fair housing laws (42 U.S.C. § 3600 et seq. and A.R.S. § 41-1491 et seq.);

            ii.   The requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy a dwelling;

            iii.   The standard or requirement unduly restricts the opportunity for a person with a disability from finding adequate housing within the City of Eloy;

            iv.   The requested accommodation does not fundamentally alter the nature and purpose of the City of Eloy Zoning Ordinance of the City of Eloy;

            v.   The requested accommodation will not impose an undue financial or administrative burden on the City, as “undue financial or administrative burden” is defined in federal and Arizona fair housing laws (42 U.S.C. § 3600 et seq. and A.R.S. § 41-1491 et seq.) interpretive case law;

            vi.   The profitability or financial hardship of the owner/service provider of a facility shall not be considered in determining whether to grant a reasonable accommodation for a disability;

            vii.   The requested accommodation shall not, under the specific facts of the application, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others; and

            viii.   The requested accommodation shall comply with all applicable building and fire codes.

         b.   The Board of Adjustment may impose reasonable conditions in a decision to approve a reasonable accommodation for a disability.

(Ord. 18-880, 7-23-2018; Ord. 24-980, 10-14-2024, eff. 11-14-2024)

   A.   A person aggrieved by a decision of the Board of Adjustment or an officer or department of the City of Eloy affected by a decision of the Board may, at any time within thirty (30) days after the Board has rendered its decision, file a complaint for special action in Superior Court to review the Board’s decision.

      1.   An appeal shall stay all proceedings in the matter appealed from unless the person from whom the appeal is taken obtains relief from the Superior Court, which has upon finding that such a stay would cause imminent peril to life or property. If relief is provided, the proceedings shall not be stayed, unless by a restraining order granted by the Arizona Appellate Court of record.

(Ord. 24-980, 10-14-2024, eff. 11-14-2024)

Pursuant to Arizona Revised Statutes, chapter 9-462.05(C), the staff position of Zoning Administrator is hereby established for the general and specific administration of this chapter. The Zoning Administrator is hereby charged with the responsibility for enforcement of this chapter but may also be referred to as the Community Development Director. During any period that the position of Zoning Administrator is vacant, the City Manager or his/her designated representative shall perform the duties of the Zoning Administrator. (Ord. 18-880, 7-23-2018)

The Zoning Administrator shall have the following duties:

   A.   To establish rules, procedures and forms to provide for the efficient and timely processing of applications or requests for action under the provisions of this chapter.

   B.   Accomplish all administrative actions required by this chapter, including the giving of official notifications, scheduling of hearings, preparation of reports, receiving and processing appeals, the acceptance and accounting of fees, and the rejection or approval of permits and plans as provided in other provisions of this chapter.

   C.   To provide information, advice and recommendations to the Planning and Zoning Commission, the Board of Adjustment, and the City Council with respect to applications, requests for approval and permits required by this chapter.

   D.   To help ensure that any development or use proceed only in accordance with the terms, conditions, or requirements as established by the City board(s), Planning and Zoning Commission or City Council as a term, condition, or requirement of development and/or permit approval.

   E.   To direct such inspections, observations and analysis of any and all erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within the City as is necessary to fulfill the purposes and procedures set forth in this chapter. No building shall be occupied until such time as the Zoning Administrator has issued a letter of compliance with this chapter.

   F.   To hear, review and take action on all site plan review applications within any overlay zoning district.

   G.   To take such action as is necessary for the enforcement of this chapter with respect to any violations of this chapter.

   H.   To interpret this chapter to the public, City departments, and other branches of government, subject to the supervision of the City Manager and general or specific policies established by the City Council.

   I.   Undertake preliminary discussions with, and provide nonlegal advice to, applicants requesting zoning adjustment action.

   J.   Determine the location of any district boundary shown on the Zoning Map adopted as part of this chapter when such location is in dispute.

   K.   The Zoning Administrator may, due to the complexity of any matter, unless otherwise noted herein, refer a permit application to the Planning and Zoning Commission for recommendation. (Ord. 18-880, 7-23-2018)

   A.   The Zoning Administrator may not make any changes in the uses permitted in any zoning classification or zoning district or make any changes in the terms of this chapter. (Ord. 18-880, 7-23-2018)

The Zoning Administrator, or designee, charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of the duties described in this chapter, shall not be personally liable for any damage that may accrue to persons or property as a result of an act, or by reason of an act or omission in the discharge of their duties. A suit brought against the Zoning Administrator, or designee, because such act or omission performed by the Zoning Administrator, or designee, in the enforcement of any provision of such code or other pertinent laws or ordinances implemented through the enforcement of this chapter or enforced by the enforcement agency shall be defended by the City of Eloy until final termination of such proceedings. Any resulting judgment shall be assumed by the City of Eloy. (Ord. 18-880, 7-23-2018)

A Development Review Committee (DRC) is created which shall include the Zoning Administrator, City Planner, City Engineer, Chief Building Official, Police Chief, Eloy Fire District representative, and City Utilities Manager, or their respective designees, and any other City and/or Pinal County staff as deemed appropriate by the Zoning Administrator. (Ord. 18-880, 7-23-2018)

The purpose of the Development Review Committee is to review various development plans and/or proposals relating to zoning changes, General Plan amendments, conditional use permits, site plans, preliminary and final subdivision plats, temporary use permits and/or building permits and provide technical review, guidance and direction to the Zoning Administrator in making an administrative decision to approve, conditionally approve, or deny an application for site plan review or design review. (Ord. 18-880, 7-23-2018)

The Development Review Committee shall have the following powers and duties:

   A.   Provide a prospective property owner, developer, or homebuilder with advice, guidance or direction for the purpose of achieving development that conforms with Eloy's General Plan, this Code, this chapter, subdivision regulations or other pertinent regulations, and the City's goals for quality development in the community.

   B.   Advise the Zoning Administrator whether to approve, conditionally approve, or disapprove any application for site plan review or design review. The applicant shall be responsible for proving that the intent and purpose of this chapter and other applicable provisions of this chapter will be satisfied.

   C.   The committee, upon reviewing an application for site plan review or design review, may recommend to the Zoning Administrator reasonable conditions to carry out the intent of this chapter.

   D.   The committee shall also provide technical review and recommendations to the Zoning Administrator for transmittal to the Planning and Zoning Commission and City Council on zoning amendments, conditional use permits, special use permits, preliminary and final subdivision plats, General Plan amendments, and all other land use and development applications that require Planning and Zoning Commission and/or City Council review and action.

   E.   Meetings shall be at the call of the Zoning Administrator or on an as-needed basis.

   F.   The Zoning Administrator shall be responsible for coordinating and directing the meetings of the committee and issuing all written decisions. (Ord. 18-880, 7-23-2018)

(Rep. by Ord. 24-980, 10-14-2024, eff. 11-14-2024)

(Rep. by Ord. 24-980, 10-14-2024, eff. 11-14-2024)