This article provides procedures and requirements for the preparation, filing, and processing of development applications required by this chapter. (Ord. 18-880, 7-23-2018)

The preparation and filing of applications for land use permits, entitlements, amendments (e.g., General Plan, Zoning Map, and Zoning Ordinance), and other matters pertaining to this chapter shall comply with the following common procedures, unless an exception to the common procedure is expressly identified in subsequent sections of this chapter. Subsequent sections include additional provisions that are unique to each type of application, including City staff and review board assignments and approval criteria. (Ord. 18-880, 7-23-2018)

   A.   When Required: A pre-application meeting is held with each applicant to discuss the nature of the proposed application, application submittal requirements, the procedure for action, and the standards for evaluation of the application. A pre- application meeting shall be required for all proposed:

      1.   General Plan amendments;

      2.   Text amendments;

      3.   Zoning Map amendments (rezone);

      4.   Planned area developments;

      5.   Subdivisions;

      6.   Conditional use permits;

      7.   Annexations;

      8.   Site plan review; and

      9.   Variances.

An applicant for a project not requiring a pre-application review may request, in writing to the Zoning Administrator, such review.

   B.   Pre-Application Filing: Before filing any applications described by this article, the applicant shall submit a preliminary description of the proposal, accompanied by a fee specified by the adopted fee schedule, for review and comment by the Zoning Administrator and any other persons the Zoning Administrator deems appropriate. This preliminary description shall include, at minimum, authority to file the application, a site plan and project narrative; both of sufficient scope and detail (existing and proposed) so as to allow a basic review of location, land area, land use, land use density/intensity, traffic generation/parking and adjacent streets, stormwater drainage, utility service, monument signage locations and recent issues/previous case history.

   C.   Pre-Application Meeting: After receipt of a proper preliminary description of the proposal, the Zoning Administrator shall review the proposal and schedule a pre-application meeting. At the meeting, the applicant, the Zoning Administrator or designee, and any other persons the Zoning Administrator deems appropriate to attend, shall discuss the proposed development.

Based upon the information provided by the applicant and the provisions of this chapter, the parties should discuss, in general terms, the proposed development, the applicable submittal requirements and standards of this chapter, and conditions that may be appropriate to meet the purposes and requirements of this chapter.

   D.   Pre-Application Review/Meeting Waivers: The Zoning Administrator may waive the requirement for a pre-application review and meeting based on a determination that no substantial purpose will be served by the review. In such cases, the Zoning Administrator shall prepare a written statement setting forth the reasons for approving the submittal/meeting waiver.

   E.   Pre-Application Completeness Review Meeting: Following the mandatory pre-application meeting, but prior to filing any application described by this article, the applicant may request (in writing) a pre-application completeness review meeting with Community Development staff. Although not required, this meeting is recommended to allow staff the ability to complete a cursory review of the planned submittal material. It will also identify if any required items are missing that may prevent an application from being accepted. This meeting should be scheduled five (5) working days prior to the submittal deadline. (Ord. 18-880, 7-23-2018)

   A.   Applications: Completed applications shall be submitted to the Community Development Department on a form and in such a manner as established by the Zoning Administrator.

   B.   Application Schedule: In accordance with Arizona Revised Statutes section 9-835, the Community Development Department shall publish an application schedule, which prescribes the necessary deadline for submitting specified application types in advance of being reviewed by the appropriate decision-making body pursuant to this chapter or the Arizona Revised Statutes.

   C.   Authority To File Applications: Any of the following persons or entities may submit an application:

      1.   The owner of the property;

      2.   An agent representing the owner, duly authorized to do so in writing by the owner and notarized by a certified notary public in the State of Arizona.

   D.   Payment, Waiver And Refund Of Application Fees:

      1.   Schedule Of Fees: The City shall establish fees for all application and permit types. The fee schedule shall be adopted by resolution of the Council. Payment of the fee is required in order for an application to be deemed complete. No application or permit shall be processed without full payment of the applicable fee received by the City of Eloy.

      2.   Fee Waiver Or Deferral: No fee shall be required when the applicant is the City.

      3.   Refund Of Fees: Recognizing that filing fees are utilized to reimburse the City for the costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications. No refunds shall be issued due to a disapproval of an application, unless:

         a.   In the case of an application withdrawal, the Zoning Administrator may authorize a partial refund based upon the costs incurred to-date and determination of the status of the application at the time of the withdrawal request.

         b.   Unless fees are waived by the Mayor and Eloy City Council.

   E.   Application Completeness Review: Each application filed with the Community Development Department shall be initially processed as follows:

      1.   Completeness Review: The Zoning Administrator or his/her designee shall review an application for completeness and accuracy before it is accepted and officially filed. The Zoning Administrator will consider an application complete when:

         a.   All necessary application forms, documentation, exhibits, materials, maps, plans, fees, reports and other information specified in the application form, and any additional information required by the Zoning Administrator have been provided and accepted as adequate.

         b.   All necessary fees have been paid in full and accepted.

      2.   Notification Of Applicant: If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this chapter. If an application is determined to be incomplete, the Zoning Administrator shall provide written or electronic notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected in a resubmittal and reviewed and approved by the Zoning Administrator.

      3.   Expiration Of Application: If a pending application is not deemed complete within six (6) months after its first filing with the Community Development Department, the application shall expire and be deemed withdrawn. Thirty (30) days prior to that date, Community Development Department staff shall notify the applicant in writing that the application will become inactive.

      4.   Extension Of Application: The Zoning Administrator may grant one (1) 6-month extension upon written request of the applicant. After expiration of the application, and extension (if granted) a new application, including applicable fees, plans, exhibits and other materials will be required to commence the processing of a new project application on the same, or a portion of the same, property.

   F.   Additional Information: After the application has been accepted as complete, the Zoning Administrator and/or any decision-making body may require the applicant to submit additional information in order to comprehensively evaluate whether an application complies with the requirements of this chapter, State, and/or Federal law.

   G.   Concurrent Applications: When a project requires approvals under more than one section of this chapter, the individual applications may be processed concurrently as determined by the Zoning Administrator and with the approval of the applicant. Rezoning applications may not be approved simultaneously with General Plan amendments (GPA), they can only be approved sequentially after GPA adoption. If the GPA is not adopted, then the rezoning application will be cancelled. The request to apply for concurrent processing of applications shall be made in writing by the applicant at his/her sole risk.

   H.   Application Courtesy Referral: At the discretion of the Zoning Administrator, or where otherwise required by this chapter, Arizona Revised Statutes, or Federal law, an application filed in compliance with this chapter may be referred for review and comment to any public and/or quasi-public agency that may be directly or indirectly affected by, or have an interest in, the proposed land use activity. (Ord. 18-880, 7-23-2018)

   A.   Purpose: The purpose of the citizen review process is to provide a process for the applicant, surrounding residential neighbors, and registered neighborhood and homeowners' association representatives to review a preliminary development proposal and solicit input and exchange information about the proposed development. This citizen review process is intended to result in an application that is responsive to neighborhood issues, enhance predictability in the process and reduce the time, effort and expense. The applicant is responsible for all costs associated with the citizen review process.

   B.   Applicability: In accordance with Arizona Revised Statutes section 9-462.03, all of the following application types shall conduct a neighborhood meeting, unless as may be otherwise specified in this article, this Code, or Arizona Revised Statutes.

      1.   General Plan amendments;

      2.   Zoning text amendments;

      3.   Zoning Map amendments (rezoning);

      4.   Conditional use permits;

      5.   Variances (optional); and

      6.   Major modification to an approved plan or condition of approval (when original approval requires a neighborhood meeting).

   C.   Meeting Schedule: The applicant shall be responsible for scheduling and facilitating the meeting. The applicant is required to hold one meeting, prior to the first public hearing of the Planning and Zoning Commission on an application for a specific project, but may hold more, if so desired. The required meeting shall be held at least fifteen (15) calendar days before the first public hearing on the application. Attendance at the meeting by Community Development Department staff is not required and will be determined by the Zoning Administrator on a case-by- case basis.

   D.   Meeting Location: Neighborhood meetings shall be held at a publicly accessible location near the subject property. The meeting shall be held on a weekday evening at any reasonable time and scheduled by the applicant.

   E.   Notification Requirements: Notice of the meeting, which shall state a brief description of the application and include the date, time, and place of the meeting, shall be provided by the applicant as follows:

      1.   Mailing a notice not less than ten (10) calendar days prior to the date of the neighborhood meeting to:

         a.   All real property owners, as shown on the most recent Pinal County assessment records, within three hundred feet (300') of the outer boundary of the subject property. This notification area may be expanded if the General Plan or other policy adopted by the City Council requires notification within a larger area or the Zoning Administrator determines the potential impact of the project extends beyond the required notification boundary;

         b.   Residents, registered neighborhoods, and homeowners' associations that may be impacted as a result of the application, and other neighborhood entities identified by the City;

         c.   Interested parties which have requested that they be placed on a contact list for this application;

         d.   Potentially interested parties that have been identified by the City; and the

         e.   Community Development Department.

   F.   Meeting Summary: The applicant shall submit, to the Community Development Department, seven (7) calendar days before the first public hearing on the matter, a written summary of the neighborhood meeting. The following information shall be included in the meeting summary, at a minimum: date, time, and location of the meeting; a copy of the mailing list and meeting sign-in sheet, a summary of how the applicant has addressed or proposes to address the issues, concerns, and objections identified during the meeting. (Ord. 18-880, 7-23-2018)

After determining that a development application is complete, the Zoning Administrator shall refer the application to the appropriate review agencies and City staff to review the submitted materials, and provide written review comments to the applicant, if necessary. Upon receiving the applicant's final response to review comments, the Zoning Administrator or designee shall prepare a staff report. The staff report shall be made available for inspection and copying by the applicant and the public prior to the scheduled public hearing of the development application. The staff report shall indicate whether, in the opinion of the staff, the development application complies with all applicable standards of this chapter. Conditions for approval may be recommended to eliminate any areas of noncompliance or mitigate any adverse effects of the development proposal. (Ord. 18-880, 7-23-2018)

Public notification required under this chapter, shall be subject to the following requirements, unless as may be otherwise specified in this Code or as set forth in Arizona Revised Statutes. Any changes to Arizona law notice requirements shall have control over this provision in the manner of providing notice.

   A.   Summary Of Notice Requirements: Table 6.2-1 of this subsection summarizes the notice requirements of the procedures in this chapter.

   TABLE 6.2-1

   SUMMARY OF NOTICE REQUIREMENTS

 

   B.   Content Of Public Notice: All required notifications as specified in subsection A, table 6.2-1 of this section shall include: the date, time, and place of the hearing; a general explanation of the matter to be considered; a general description of the area affected; and indicate where additional information on the matter may be obtained. If the matter to be considered applies to territory in a high noise or accident potential zone as defined in Arizona Revised Statutes section 28-8461, the notice shall include a general statement that the matter applies to property located in the high noise or accident potential zone.

   C.   Specific Notice Requirements: Notice as specified in subsection A, table 6.2-1 of this section, shall be provided as follows:

      1.   Published Notice: A public hearing display ad 1 shall be placed by the City, at least once in a local newspaper of general circulation within the City. The advertisement shall be published at least fifteen (15) calendar days prior to the public hearing.

      2.   Mailed Notice: A notice of public hearing shall be sent by the City, via U.S. first class mail, at least fifteen (15) calendar days prior to the public hearing. The applicant shall be responsible for providing the City with mailing labels containing the names and addresses of:

         a.   The applicant or representative and owners of the subject property;

         b.   All real property owners, as shown on the latest Pinal County assessment records, within three hundred feet (300') of the outer boundary of the subject property. This notification area may be expanded if other policy adopted by the City Council requires notification within a larger area or the Zoning Administrator determines the potential impact of the project extends beyond the required notification boundary;

         c.   Residents, registered neighborhoods, and homeowner associations that may be impacted as a result of the application, and other neighborhood entities identified by the City;

         d.   Interested parties which have requested that they be placed on a contact list for this application;

         e.   Interested parties that have been identified by the City;

         f.   If the proposed project involves land that abuts other municipalities or unincorporated areas of Pinal County or a combination thereof, notice of the public hearing shall be sent to the planning agency of the adjacent governmental unit.

         g.   If the proposed project involves land that is located within the territory in the vicinity of a military airport or ancillary military facility as defined in Arizona Revised Statutes section 28-8461, notice of the public hearing shall be sent to the military airport.

      3.   Posted Notice: A notice of public hearing shall be posted by the applicant on the lot, parcel, or tract of land that is the subject of the application. A minimum of one posting shall be placed in a manner that is clearly visible from the most heavily traveled public right-of-way adjoining the subject property and shall be placed at least fifteen (15) calendar days prior to the public hearing. Such notice shall be composed of weatherproof materials and shall be printed so that the following are visible from a distance of one hundred feet (100'): the application type, the application request (i.e., for a Zoning Map amendment display the present zoning district classification and the proposed zoning district classification) and the date, time, and location of the hearing. The City shall update the sign as needed and maintain the sign in good condition throughout the required posting period. The posting shall be removed no later than ten (10) calendar days after the public hearing and final action.

      4.   Neighborhood Meeting: A notice of neighborhood meeting shall be provided as specified in subsection 21-6-2.3E of this section 21-6-2.

      5.   Multiple Notices: When multiple applications are under review for the same project, the responsible noticing body, as specified in this subsection, may simultaneously issue notice for multiple applications.

      6.   Validity Of Notice: The validity of the public hearing proceedings shall not be affected by the failure of any person to receive notice or by the presence of minor defects in the notice. Minor defects in the notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notices' primary intent to inform affected parties of the project and the time, date, and place of a public hearing or meeting. (Ord. 18-880, 7-23-2018)

A public hearing, if required under this chapter, shall be conducted in accordance with the requirements of this chapter, unless as may be otherwise specified in this Code or as set forth in Arizona Revised Statutes. (Ord. 18-880, 7-23-2018)

The decision to approve or approve with conditions or deny shall be communicated in writing to the applicant within fifteen (15) working or calendar days from the decision. All decisions shall include a statement of approval, approval with conditions, or denial, whichever is appropriate. (Ord. 18-880, 7-23-2018)

In the event that an application is denied, an application that is substantially the same project or request will not be considered for a period of one year from the date the initial application was denied, except as follows:

   A.   A substantial change in circumstances relevant to the issues and/or facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application; or

   B.   A new application is proposed to be submitted that is materially different (e.g., proposes new uses, or a substantial decrease in proposed densities and intensities) from the prior application; or

   C.   The final decision on the application was based on a material mistake of fact or the foregoing. (Ord. 18-880, 7-23-2018)

Decisions of any appointed body under this chapter may be brought up for reconsideration or rehearing only if:

   A.   There was substantial procedural error in the original proceeding; or

   B.   The Zoning Administrator or body acted without jurisdiction in the original proceeding; or

   C.   The original decision was based upon fraud or misrepresentation; or

   D.   Reconsideration is appropriate to avoid delay or hardship that may be caused by an appeal; or

   E.   As requested by a member of the body whose vote was included in the side that prevailed in the motion to be reconsidered.

Any person seeking reconsideration, or a rehearing must file a request with the Zoning Administrator, together with materials supporting one or more of the grounds stated in this section, within fifteen (15) working days of the original decision, or within the timeframe established under State law, if applicable. The appointed decision-making body, by majority vote, may decide to hold a rehearing if the rehearing request meets requirements of subsections A through E of this section. A rehearing shall be conducted in the same manner as the original proceedings before the Zoning Administrator or appointed body. (Ord. 18-880, 7-23-2018)

An approved development or new land use shall be established only as specified by the approved land use permit, and subject to any conditions of approval. An applicant may request, in writing, to amend the approved permit, and shall furnish appropriate supporting materials and an explanation of the reasons for the request.

   A.   Minor changes may be approved, modified, or denied by the Zoning Administrator. Major changes shall be approved, modified or denied by the original review authority.

   B.   The Zoning Administrator shall determine whether a proposed change is major or minor. The determination that the change is major depends on whether the proposal may result in:

      1.   Significant impacts to the surrounding neighborhood.

      2.   Significant environmental impacts.

      3.   A change to the approved use or a significant change in conformance with the original plan or intent.

      4.   A change to the basis upon which the review authority made the findings for approval of the project.

   C.   A major change request shall be processed in the same manner as the original permit or entitlement. (Ord. 18-880, 7-23-2018)

This section sets forth the procedures for appeals except for appeals filed pursuant to section 21-6-2.12, "Appeals Of Dedications Or Exactions To Hearing Officer", of this section 21-6-2. Any decision within the authority of the decision-making body may be appealed, unless this chapter identifies that the decision is final.

   A.   Applicability: The appropriate decision-making body for each appeal type is identified in sections 21-6-4 through 21-6-12 of this article. General appeals in which it is alleged there is an error in an order, requirement or decision made by the Zoning Administrator in the enforcement of this chapter shall be made to the Board of Adjustment pursuant to the provisions of this section.

   B.   Appeal Process:

      1.   Filing Of Appeal: Appeals to the Board of Adjustment may be made by persons aggrieved or by any City officer, department, board or bureau affected by a decision of the Zoning Administrator. An appeal shall be filed with the Community Development Department on a form established by the Director. Within five (5) working days after the appeal is filed, the Zoning Administrator shall transmit all records pertaining to the action appealed to the Board. The appeal shall set forth the decision or decisions being appealed and the grounds upon which the appeal is based. The appeal shall be accompanied by any applicable fees.

      2.   Complaint For Special Action: A person aggrieved by a decision of the legislative body or Board of Adjustment or a taxpayer who owns or leases the adjacent property or a property within three hundred feet (300') from the boundary of the immediately adjacent property, a City officer or a department affected by a decision of the legislative body or board, may file a complaint for special action in the Superior Court to review the Board of Adjustment decision.

      3.   Appeal Period: All appeals shall be filed within fifteen (15) calendar days of the decision, except for appeals from decisions of the Board of Adjustment or City Council. An appeal from any decision regarding a City Council or Board of Adjustment action (e.g., variances, text or map amendments) shall be filed with the Superior Court within thirty (30) days of the decision. If no appeal is filed in writing within the relevant fifteen- or thirty-day protest period, the decision shall be considered final.

      4.   Proceedings Stayed By Appeal: The timely filing of an appeal, except for appeals related to the Zoning Administrator's interpretation or enforcement of this chapter, shall stay all proceedings in the matter appealed.

      5.   Appeals: Appeals made to the Board of Adjustment pertaining to the Zoning Administrator's interpretation or enforcement of this chapter shall stay all proceedings in the matter appealed, unless the Zoning Administrator certifies to the Board that, in the Zoning Administrator's opinion by the facts stated in the certificate, a stay would cause imminent peril to life or property. Upon such certification, proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the Zoning Administrator.

      6.   Court Proceedings: Filing a complaint in the Superior Court does not stay proceedings on the decision sought to be reviewed, but the court may, on application, grant a stay and, on final hearing, may affirm or reverse, in whole or in part, or modify the decision reviewed.

      7.   Public Notice: Prior to consideration of any appeal for which State law or this chapter requires a public hearing, the City shall provide public notification in compliance with section 21-6-2.5, "Public Notice Requirements", of this section 21-6-2 or as required by State law, whichever requires the most notice.

      8.   Standards: When reviewing any decision on appeal, the decision-making body shall use the same standards for decision- making required for the original decision.

      9.   Hearing Body Action: Public hearings shall be conducted in accordance with the requirements of this chapter, unless as may be otherwise specified in this Code or as set forth in Arizona Revised Statutes. The decision-making body for the appeal shall deny or grant the appeal or the decision-making body may remand the matter to the original decision-making body for reconsideration, for additional information or to cure a deficiency in the record or proceeding. The decision-making body shall render its decision within thirty (30) days of the date the hearing is closed unless State law requires a shorter deadline. (Ord. 18-880, 7-23-2018)

   A.   Appeal To Hearing Officer: Any requirement of a dedication or exaction, as a condition of granting approval for the use, improvement, or development of real property may be appealed to a Hearing Officer appointed by the City Council. This section shall not apply to legislatively imposed dedications or exactions in which no discretion by the Zoning Administrator or administrative officer to determine the nature or extent of the dedication or exaction was exercised. In the event of such an appeal, the Zoning Administrator shall prepare a takings impact report. No fee shall be charged for filing an appeal under this section and such appeal shall be conducted as required by Arizona Revised Statutes section 9-500.12.

   B.   Appeal Of Decision Of Zoning Hearing Officer: A property owner aggrieved by a decision of the Zoning Hearing Officer to modify or affirm a dedication or exaction requirement or to affirm a zoning regulation may file, within thirty (30) days after the decision, a complaint in Superior Court, pursuant to Arizona Revised Statutes section 9-500.12G. (Ord. 18-880, 7-23-2018)

   A.   A final decision on an application for any discretionary approval subject to appeal (e.g., a conditional use permit, variance, or site plan approval) shall become effective after the expiration of the appeal period following the date of action, unless an appeal is filed. No building permit or business license shall be issued until the day following the expiration of the appeal period, unless, in accordance with subsection B of this section, the applicant signs a waiver explaining that they understand and accept the risk of proceeding before the appeal period ends.

   B.   An approved conditional use permit or variance or an interpretation favorable to the applicant may be exercised at the applicant's sole risk, and a building permit (if required) may be issued subsequent to approval by the City building official. However, if an appeal of the decision is filed in accordance with the provisions of this chapter that reverses in whole or in part or modifies the decision and that causes any construction or use commenced as a result of exercising the decision to be in conflict with the appellate body's decision, then such building permit may be revoked in accordance with the appellate body's decision and any such construction or use may constitute a violation of this chapter and may be subject to removal or cessation by the applicant, property owner, or his agent. (Ord. 18-880, 7-23-2018)

Table 6.3-1 of this section identifies the City official or body responsible for reviewing and making decisions on each type of application, land use permit and other approvals required by this chapter, unless otherwise stated within each applicable procedure section.

   TABLE 6.3-1

   REVIEW AUTHORITY

 

 

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

The purpose of this section 21-6-4 is to provide procedures by which changes may be made to the text or map of the adopted Eloy General Plan. (Ord. 18-880, 7-23-2018)

An amendment to the adopted Eloy General Plan text or map may be initiated by:

   A.   City Council on its own motion;

   B.   The Planning and Zoning Commission;

   C.   The Zoning Administrator; or

   D.   The owner of the subject property or authorized agent. (Ord. 18-880, 7-23-2018)

   A.   Major Amendments: All applications for major amendments to the adopted Eloy General Plan shall be heard by the City Council at a single hearing during the calendar year in which they are filed. Applications for major amendments shall be filed by the date provided on the application schedule in order to be considered in that calendar year.

   B.   Minor Amendments: Applications for minor amendments may be filed and heard at any time during the calendar year. (Ord. 18-880, 7-23-2018)

   A.   Pre-Application Conference: Prior to the submission of an application for a General Plan amendment, all applicants are required to schedule a meeting with the Zoning Administrator, as set forth in section 21-6-2.1, "Pre-Application Meeting", of this article.

   B.   Application Submittal: A complete application for a General Plan amendment shall be submitted to the Zoning Administrator as required by section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article.

   C.   Citizen Review Process: All applications to amend the adopted Eloy General Plan shall be subject to a citizen review process. The Zoning Administrator may establish additional procedures for the citizen review process. The citizen review process shall, at a minimum, conduct a neighborhood meeting in accordance with the procedures set forth in section 21-6-2.3, "Citizen Review Process", of this article.

   D.   Application Review And Report: Upon receipt of a complete General Plan amendment application, the Development Review Committee shall review the proposed amendment and Zoning Administrator prepare a staff report for transmittal to the Planning and Zoning Commission in accordance with section 21-6-2.4, "Application Review And Report (Substantive Review)", of this article.

   E.   Notification: Public notification shall be provided in compliance with section 21-6-2.5, "Public Notice Requirements", of this article. In addition, at least sixty (60) days before a new General Plan or major amendment of a General Plan is noticed pursuant to this subsection, the Community Development Department shall transmit the proposal to the Planning and Zoning Commission and the City Council and shall submit a copy for review and further comment to:

      1.   The Pinal County Planning Department;

      2.   Each municipality that is contiguous to the corporate limits of the City;

      3.   The regional planning agency;

      4.   The State agency that is designated as the general planning agency for the State of Arizona;

      5.   Any ancillary military facility as defined under State law, if an element of or amendment to the General Plan is applicable to territory in the vicinity of such a facility;

      6.   The Attorney General, if an element of or major amendment to the General Plan is applicable to property in the high noise or accident potential zone of any ancillary military facility, as defined under State law; and

      7.   Any person that requests in writing to receive a review copy of the proposal.

   F.   Planning And Zoning Commission Review And Recommendation: The Planning and Zoning Commission shall conduct at least one public hearing for all General Plan amendments. The Planning and Zoning Commission may recommend the approval, approval with modifications or denial of the proposed amendment. If the commission fails to make a recommendation to the City Council within ninety (90) days after closing the public hearing, the Planning and Zoning Commission shall be deemed to have recommended denial and the application shall be scheduled for public hearing and action by the City Council.

   G.   City Council Review And Action: The City Council shall review the application in a public hearing. The City Council may approve, approve with modifications or deny the application. Approval of any major amendment to the General Plan shall require an affirmative vote by at least two-thirds (2/3) of the members of the Council. Approval shall be by resolution.

   H.   Written Notification: The decision to approve or approve with conditions or deny shall be communicated in writing to the applicant in compliance with section 21-6-2.7 of this article. (Ord. 18-880, 7-23-2018)

In determining whether to approve, approve with conditions, or deny proposed General Plan amendments, issues for consideration shall include but not be limited to:

   A.   Whether the development pattern contained in the future land use plan provides appropriate optional sites for the use proposed in the amendment.

   B.   That the amendment constitutes an overall improvement to the Eloy General Plan and is not solely for the good or benefit of a particular landowner or owners at a particular point in time.

   C.   The degree to which the proposed amendment will impact the City as a whole or a portion of the City by:

      1.   Significantly altering acceptable existing land use patterns.

      2.   Requiring larger and more extensive improvements to roads, sewer, or water systems than are needed to support the prevailing land uses in which, therefore, may negatively impact development of other lands. The commission and/or the City Council may also consider the degree to which the need for such improvements will be mitigated pursuant to binding commitments by the applicant, a public agency, or other sources when the impacts of the uses permitted pursuant to the General Plan amendment will be realized.

      3.   Adversely impacting existing uses due to increased traffic on existing systems.

      4.   Affecting the livability of the surrounding area or the health and safety of present or future residents.

   D.   That the amendment is consistent with the overall intent of the adopted Eloy General Plan.

   E.   Whether there was an error or oversight in the original Eloy General Plan adoption that did not fully consider facts, projects or trends which could reasonably exist in the future.

   F.   Whether events subsequent to the Eloy General Plan adoption have superseded the original premises and findings made upon plan adoption.

   G.   Whether events subsequent to the Eloy General Plan adoption may have changed the character and/or condition of the area so as to make the application acceptable.

   H.   The extent to which the benefits of the plan amendment outweigh any of the impacts identified in subsections A through G of this section. (Ord. 18-880, 7-23-2018)

An appeal from any final decision regarding a City Council action shall be filed with the Superior Court within thirty (30) days of the decision. If no appeal is filed in writing within thirty (30) days, the decision shall be considered final. (Ord. 18-880, 7-23-2018)

The purpose of this section 21-6-5 is to provide procedures consistent with applicable State requirements to remove, revise and/or augment the text of the Zoning Ordinance. (Ord. 18-880, 7-23-2018)

An amendment to the text of this chapter may be initiated by:

   A.   City Council, on its own motion;

   B.   The Planning and Zoning Commission;

   C.   The Zoning Administrator; or

   D.   An application filed by an individual or group. (Ord. 18-880, 7-23-2018)

 

   A.   Pre-Application Conference: Prior to the submission of an application for a text amendment, all individual or group applicants are required to schedule a meeting with the Zoning Administrator, as set forth in section 21-6-2.1, "Pre-Application Meeting", of this article.

   B.   Application Submittal: A complete application for a text amendment shall be submitted to the Zoning Administrator as required by section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article. At a minimum, a zoning text amendment application shall include:

      1.   A written narrative identifying the section of the Code to be amended, the proposed revised zoning text, how the proposed zoning text conforms with the adopted Eloy General Plan and why the text amendment is necessary;

      2.   The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this chapter for an amendment to the zoning text.

   C.   Citizen Review Process:

      1.   As an acceptable substitution for conducting a neighborhood meeting, a citizen comment session shall be held at a work session of the Planning and Zoning Commission scheduled at least five (5) days prior to the public hearing at the Planning and Zoning Commission for the consideration of any proposed text amendment. Landowners and other citizens potentially affected by the proposed text amendment shall have an opportunity to comment on the proposal.

      2.   Notice of the citizen comment session shall be provided by the applicant at least ten (10) days prior to the Planning and Zoning Commission work session. The notice shall state the date, time, and place of the citizen review session and shall include a general explanation of the proposed text amendment. The method of notice to be used may vary according to the type of text amendment proposed. Any method of notice approved by the Zoning Administrator for the proposed text amendment shall be considered sufficient. The method of notice served may include, but is not limited to, the following:

         a.   A notice of a citizen comment session shall be sent, via U.S. first class mail, to landowners, citizens potentially affected by the proposed text amendments, and any person or group who has specifically requested notice regarding the application.

         b.   Publication in a local newspaper of general circulation distributed to residents living within the City.

         c.   Posting at a minimum of four (4) public places within the City.

         d.   Posting on the official City website.

   D.   Application Review And Report: Upon receipt of a complete text amendment application, the Development Review Committee shall review the proposed text amendment for consistency with the goals and objectives of the adopted Eloy General Plan. The Zoning Administrator shall prepare a staff report for transmittal to the Planning and Zoning Commission in accordance with section 21-6-2.4, "Application Review And Report (Substantive Review)", of this article.

   E.   Notification: Amendments to the text of this chapter involving either a ten percent (10%) or more increase or decrease in the number of square feet or units that may be developed, a ten percent (10%) or more increase or reduction in the allowable building height, an increase or reduction in the number of stories of buildings, a ten percent (10%) or more increase or decrease in setback or open space requirements, or a change in permitted uses, shall be subject to notice requirements as set forth below or if amended per Arizona Revised Statutes section 9-462.04.

The City shall provide, at least fifteen (15) calendar days prior to the public hearing, notice to real property owners pursuant to at least one of the following notification procedures:

      1.   Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly affected by the proposed change(s).

      2.   If the Municipality issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the Municipality may include notice of such changes with such utility bills or other mailings.

      3.   The Municipality shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation in the City. The changes shall be published in a "display ad" covering not less than one-eighth (1/8) of a full page.

      4.   If notice is provided pursuant to subsection E2 or E3 of this section, the City shall also send notice by first class mail to persons who register their names and addresses with the City as being interested in receiving such notice.

   F.   Planning And Zoning Commission Review And Recommendation: The Planning and Zoning Commission shall review the application in a public hearing, and recommend approval, approval with modifications, or denial of the subject application. The Planning and Zoning Commission may recommend the approval, approval with modifications or denial of the proposed amendment. If the Planning and Zoning Commission fails to make a recommendation to the City Council within ninety (90) days after closing the public hearing, the Planning and Zoning Commission shall be deemed to have recommended denial and the application shall be scheduled for public hearing and action by the City Council.

   G.   City Council Review And Action: The City Council shall review the application in a public meeting; or a public hearing if any member of the public provides written objection to the recommendation of the Planning and Zoning Commission; and approve, approve with modifications, or deny the application. Formal approval shall occur by written ordinance. If a public hearing is held, public notification shall be provided in compliance with section 21-6-2.5, "Public Notice Requirements", of this article.

   H.   Written Notification: The decision to approve or approve with conditions or deny shall be communicated in writing to the applicant in compliance with section 21-6-2.7 of this article. (Ord. 18-880, 7-23-2018)

In determining whether to approve, approve with conditions, or deny proposed text amendments, issues for consideration shall include but not be limited to:

   A.   The proposed amendment will promote the public health, safety, and general welfare;

   B.   The proposed amendment is consistent with the adopted Eloy General Plan and the stated purposes of this chapter; and

   C.   The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions. (Ord. 18-880, 7-23-2018)

An appeal from any final decision regarding a City Council action shall be filed with the Superior Court within thirty (30) days of the decision. If no appeal is filed in writing within thirty (30) days, the decision shall be considered final. (Ord. 18-880, 7-23-2018)

The purpose of this section 21-6-6 is to provide procedures consistent with applicable State requirements by which changes may be made to the Official Zoning Map. This procedure shall apply to all proposals to revise a zoning district classification or zoning district boundary line shown on the Official Zoning Map. (Ord. 18-880, 7-23-2018)

An amendment to the Official Zoning Map may be initiated by:

   A.   City Council, on its own motion;

   B.   The Planning and Zoning Commission;

   C.   The Zoning Administrator; or

   D.   The owner of the subject property or authorized agent. (Ord. 18-880, 7-23-2018)

 

   A.   Pre-Application Conference: Prior to the submission of an application for a zoning map amendment, all applicants are required to schedule a meeting with the Zoning Administrator, as set forth in section 21-6-2.1, "Pre-Application Meeting", of this article.

   B.   Application Submittal: A complete application for a zoning map amendment shall be submitted to the Zoning Administrator as required by section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article. At a minimum, a zoning map amendment application shall include:

      1.   Proof of ownership;

      2.   A written narrative identifying how the proposed zoning conforms with the adopted Eloy General Plan, compatibly integrates with the surrounding neighborhood, and why it is more appropriate for the property than the existing zoning;

      3.   A site plan showing the footprint of all existing and proposed buildings, parking configuration, location of all utilities and easements, and other details demonstrating conformance with all regulations, development standards and development guidelines applicable to the proposed zoning district;

      4.   A map showing adjoining zoning districts within three hundred feet (300') of the parcel boundaries;

      5.   A list of all property owners within three hundred feet (300') of the parcel boundaries; and

      6.   The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this chapter for a proposed amendment to the zoning map.

   C.   Planned Area Development (PAD) Submittal: PAD submittals shall include a separate page that compares existing development standards with the proposed development standard amendments.

   D.   Application Review And Report: Upon receipt of a complete zoning map amendment application, the Development Review Committee shall review the proposed zoning map amendment and Zoning Administrator shall prepare a staff report for transmittal to the Planning and Zoning Commission in accordance with section 21-6-2.4, "Application Review And Report (Substantive Review)", of this article.

   E.   Notification: Public notification shall be provided in compliance with section 21-6-2.5, "Public Notice Requirements", of this article.

   F.   Planning And Zoning Commission Review And Recommendation: The Planning and Zoning Commission shall review the application in a public hearing, and recommend approval, approval with conditions, or denial of the subject application.

   G.   Protest Procedures: If the owners of twenty percent (20%) or more either of the area of the lots included in a proposed zoning change, or of those immediately adjacent in the rear or any side thereof extending one hundred fifty feet (150') from said lots, or of those directly opposite thereto extending one hundred fifty feet (150') from the street frontage of the opposite lots, file a protest in writing against the proposed amendment, it shall not become effective except by the favorable vote of three-fourths (3/4) of the members of the City Council. The protest shall be filed in writing with the City Clerk at least five (5) days prior to the public hearing or any continued public hearing of the City Council to allow time to verify the signatures on the protest.

   H.   City Council Review And Action: The City Council shall review the application in a public meeting; or a public hearing, if any member of the public provides written objection to the recommendation of the Planning and Zoning Commission; and approve, approve with modifications, or deny the application. Approval shall be by ordinance. If a public hearing is held, public notification shall be provided in compliance with section 21-6-2.5, "Public Notice Requirements", of this article.

   I.   Written Notification: The decision to approve or approve with conditions, or denial shall be communicated in writing to the applicant in compliance with section 21-6-2.7 of this article. (Ord. 18-880, 7-23-2018; Ord. 20-891, 1-27-2020)

In determining whether to approve, approve with conditions, or deny proposed Official Zoning Map amendments, issues for consideration shall include but not be limited to:

   A.   Consistency (or lack thereof) with the adopted Eloy General Plan, and other adopted plans;

   B.   Compatibility with the existing zoning and conforming uses of nearby property and with the character of the neighborhood;

   C.   Suitability of the subject property for uses permitted by the proposed zoning district;

   D.   Suitability of the subject property for uses permitted by the existing district; and

   E.   Availability of sewer and water facilities. (Ord. 18-880, 7-23-2018)

If the City Council approves an amendment to the Official Zoning Map with a condition that is required to be completed within a specific time period and the condition is not satisfied within that time period, the following actions may occur:

   A.   The City Council or Planning and Zoning Commission may initiate an amendment to remove the condition or extend the time period and direct the Zoning Administrator to prepare an ordinance to execute the action pursuant to the procedures set forth in subsections 21-6-6.3E through I of this section 21-6-6, or

   B.   The City Council or Planning and Zoning Commission may initiate a rescission of the zoning map amendment to revert the zoning to its prior zoning classification for failure to comply with the conditions of the rezoning ordinance, pursuant to Arizona Revised Statutes section 9-462.01(E) and direct the Zoning Administrator to notify the property owner by certified mail and prepare an ordinance to revert the zoning pursuant to the procedures set forth in subsections 21-6-6.3E through I of this section 21-6-6, or

   C.   The property owner in writing may apply to amend or remove the condition pursuant to the procedures set forth in subsections 21-6-6.3E through I of this section 21-6-6. (Ord. 18-880, 7-23-2018)

An appeal from any final decision regarding a City Council action shall be filed with the Superior Court within thirty (30) days of the decision. If no appeal is filed in writing within thirty (30) days, the decision shall be considered final. (Ord. 18-880, 7-23-2018)

The purpose of this section 21-6-7 is to permit conditional uses in appropriate zoning districts.

This may only occur in specific locations and only when designed and developed in a manner which assures maximum compatibility with adjoining uses. This section 21-6-7 establishes principles and procedures essential to establish and maintain proper guidance and control of these uses. Conditional use permit approval may require the imposition of additional conditions in order to accomplish the following:

   A.   To protect the public health, safety, convenience, and general welfare.

   B.   To assure that the purposes of this chapter shall be maintained with respect to the particular conditional use on the identified site.

   C.   To consider the location, use, building, traffic characteristics, and environmental impact of the proposed use.

   D.   To consider existing and potential uses in close proximity to the area in which the requested conditional use is proposed. (Ord. 18-880, 7-23-2018)

   A.   The City Council may grant a conditional use permit in accordance with the procedures stated in this section 21-6-7 for the following uses:

      1.   Only those uses that are enumerated as conditional uses in a zoning district, as set forth in article II of this chapter, or

      2.   Non-specified uses as determined by the Zoning Administrator, per subsections 21-2-2.3.H., 21-2-3.3.G., 21-2-4.2.G., 21-2-5.3.G. of this chapter, upon a finding that the proposed use is materially similar to other conditional uses within the same zoning district, in accordance with the procedures and standards set forth in this section 21-6-7. (Ord. 18-880, 7-23-2018; Res. 1601, 10-14-2024)

   A.   Pre-Application Conference: Prior to the submission of an application for a conditional use permit, all applicants are required to schedule a meeting with the Zoning Administrator, as set forth in section 21-6-2.1, "Pre-Application Meeting", of this article.

   B.   Application Submittal: A complete application for a conditional use permit shall be submitted to the Zoning Administrator as required by section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article. In addition, no conditional use shall be established until a site plan has been approved in accordance with section 21-6-11 of this article. Applications for a conditional use and site plan review shall be submitted and reviewed concurrently. At a minimum, a conditional use permit application shall include:

      1.   Proof of ownership;

      2.   A written narrative that responds to section 21-6-7.4, "Required Findings", of this section 21-6-7;

      3.   A site plan consistent with section 21-6-11.3, "Required Site Plan Information", of this article;

      4.   A map showing adjoining zoning districts within three hundred feet (300');

      5.   A list of all property owners within three hundred feet (300'); and

      6.   The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this chapter for a conditional use permit.

   C.   Citizen Review Process: The applicant shall schedule and conduct a neighborhood meeting to facilitate an expeditious public hearing process. The neighborhood meeting shall be conducted in accordance with the procedures set forth in section 21-6-2.3, "Citizen Review Process", of this article.

   D.   Application Review And Report: Upon receipt of a complete conditional use permit application, the Development Review Committee shall review the proposed conditional use permit application and the Zoning Administrator shall prepare a staff report for transmittal to the Planning and Zoning Commission in accordance with section 21-6-2.4, "Application Review And Report (Substantive Review)", of this article.

   E.   Notification: Public notification shall be provided in compliance with section 21-6-2.5, "Public Notice Requirements", of this article.

   F.   Planning And Zoning Commission Review And Recommendation: The Planning and Zoning Commission shall review the application in a public hearing, and recommend approval, approval with conditions, or denial of the application, subject to the review conditions set forth in subsection G of this section and section 21-6-7.4 of this section 21-6-7.

   G.   City Council Review And Action: The City Council shall review the application in a public meeting; or a public hearing if any member of the public provides written objection to the recommendation of the Planning and Zoning Commission; and approve, approve with modifications, or deny the application. If a public hearing is held, public notification shall be provided in compliance with section 21-6-2.5, "Public Notice Requirements", of this article.

      1.   Conditions Of Approval: In permitting a conditional use or the alteration of an existing conditional use, the City Council can impose, in addition to those standards and requirements expressly specified by this chapter additional conditions which it finds necessary to avoid detrimental environmental impact and to otherwise promote compatibility of the surrounding area or the City. These conditions can include, but are not limited to the following:

         a.   Limiting the manner in which the use is conducted, including restricting the time a certain activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and/or odor.

         b.   Establishing special yard, open space, lot area or dimensional requirements.

         c.   Limiting the height, size or location of a building or other structure or use.

         d.   Designating the size, number, location and nature of vehicle access points. For example, but not limited to: secondary driveway access on corner lots in residential subdivisions.

         e.   Designating the size, location, screening, drainage, surfacing or other improvements of a parking area or loading area.

         f.   Limiting or otherwise designating the number, size, location, height and lighting of signs.

         g.   Limiting the intensity of outdoor lighting and requiring light shielding.

         h.   Requiring screening, landscaping or another method to protect adjacent or nearby property and designate standards for their installation and maintenance.

         i.   Designating the size, height, location of screening and materials for fencing, including anti-graffiti type materials.

         j.   Limiting hours of operation, revocation dates and time limits for commencing construction or use authorization.

   H.   Written Notification: An approved conditional use shall not be established until a conditional use permit has been issued by the Community Development Department. The permit shall cite the plans and documents upon which the City Council has based its approval, as well as the specific modifications and/or conditions of the approval, if any. (Ord. 18-880, 7-23-2018)

The City Council may approve a conditional use permit as submitted or modified only upon making the following findings:

   A.   The proposed use will not be detrimental to the health, safety, or general welfare of persons living or working in the vicinity, to adjacent property, to the neighborhood, or to the public in general;

   B.   The proposed use conforms with the purposes, intent, and policies of the adopted Eloy General Plan and its policies and any applicable area, neighborhood, or other plan officially adopted by the City Council;

   C.   The proposed use conforms with the conditions, requirements, or standards prescribed by this chapter and any other applicable local, State, or Federal requirements; and

   D.   The proposed conditional use shall conform to the character of the neighborhood, within the same zoning district, in which it is located. In making such a determination, consideration shall include the location, type and height of the buildings or structures and the type and extent of landscaping and screening on the site.

   E.   Adequate utilities, access roads, drainage, fire protection, and other necessary facilities shall be provided.

   F.   Adequate measures shall provide ingress and egress so designed as to minimize traffic hazards and traffic congestion on the public roads.

   G.   The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas.

   H.   The proposed use shall not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permitted, nor substantially diminishes or impair the property values within the neighborhood.

   I.   The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district. (Ord. 18-880, 7-23-2018)

   A.   Expiration: In any case where a conditional use permit has not been used within six (6) months from the date of its granting by the Eloy City Council, it shall become null and void. Conditional use permits shall run with the land unless the Council elects to specify a period of abandonment after which the conditional use permit shall be voided.

   B.   Time Extensions: The City Council shall hold a public hearing to consider the granting of a time extension as follows:

      1.   Upon request by the applicant.

      2.   When the request is filed in writing with the Community Development Department not less than thirty (30) days prior to the expiration date of the original conditional use permit (CUP) approval.

      3.   When accompanied by a time sensitive stipulation noted as a required condition of approval of the original conditional use permit.

      4.   Upon determination by the City Council that there have not been any changes in the circumstances or in the vicinity of the property or use which would render the previously approved conditional use permit (CUP) inappropriate. (Ord. 18-880, 7-23-2018)

   A.   Revocation: The Zoning Administrator shall notify the applicant by mail, if it is deemed to be in violation of the CUP. If no attempt to change the violation is made within ten (10) working days of notification, the City Council shall be authorized to hold a public hearing to consider the revocation or modification of a conditional use permit (CUP) previously granted in accordance with the provisions of this chapter. A written notice of the date, time, place and purpose of the hearing shall be served on the owner of the property for which the CUP was granted by registered mail, return receipt requested, not less than thirty (30) days prior to the date of such hearing.

   B.   Findings: A conditional use permit (CUP) may be revoked or modified if, from the facts presented at the public hearing or by investigation, the City Council makes an affirmative determination on any one of the following findings:

      1.   That the conditional use permit (CUP) was obtained by fraud.

      2.   That the conditional use permit (CUP) granted is being exercised contrary to the conditions of approval of such CUP or is in violation of any applicable law, license, ordinance, permit or regulation.

      3.   That the use for which the conditional use permit (CUP) was granted is being or has been exercised in a manner that is to be detrimental to the public health or safety.

      4.   The use ceases for a period of ninety (90) consecutive days, or because of failure to comply with the conditions of the use permit. (Ord. 18-880, 7-23-2018)

Decisions of the City Council may be appealed pursuant to the procedures set forth in section 21-6-2.11 of this article. (Ord. 18-880, 7-23-2018)

The purpose of this section 21-6-8 is to allow for the establishment of interim or temporary uses when such activities are desirable for the community or are temporarily required in the process of establishing a permitted use. Temporary uses allowed under this section 21-6-8 shall be consistent with the health, safety and general welfare of persons residing and working in the community, shall be conducted to minimize any detrimental effects on surrounding properties and the City, and shall not violate any other ordinance or regulation of the City. (Ord. 18-880, 7-23-2018)

The Zoning Administrator may grant a temporary use permit in accordance with the standards and/or conditions specified in section 21-3-3 of this chapter. (Ord. 18-880, 7-23-2018)

 

   A.   Application Submittal: A complete application for a temporary use permit shall be submitted to the Zoning Administrator as required by section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article. At minimum, a temporary use permit application shall include:

      1.   Aerial map of the site;

      2.   Notarized property owner authorization (if applicable);

      3.   A site plan showing the location and footprint of proposed uses and structures, parking configuration and other details necessary to demonstrate that the proposed use and site conforms with all other requirements of the zoning district and all other City codes; and

      4.   The application shall contain sufficient information to demonstrate compliance with temporary use conditions in accordance with section 21-3-3 of this chapter and all required information stated elsewhere in this chapter or any other City code. All applications for temporary use permits shall be filed at least four (4) weeks prior to the date the temporary use will commence, or at least six (6) weeks prior to the date the temporary use will commence, if public safety support is requested from the City. The Zoning Administrator may waive this filing deadline requirement in an individual case for good cause shown.

   B.   Application Review And Decision: Upon receipt of a complete temporary use permit application, the Zoning Administrator shall review the proposed temporary use permit application and distribute the application to the Development Review Committee or others as he or she deems necessary. Based on the results of those reviews, the Zoning Administrator shall take final action on the application and approve, approve with conditions, or deny the application based on the applicable approval criteria. (Ord. 18-880, 7-23-2018)

The Zoning Administrator may approve a temporary use permit as submitted or modified only upon making the following findings:

   A.   The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

   B.   The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

   C.   Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this chapter. (Ord. 18-880, 7-23-2018)

Decisions of the Zoning Administrator may be appealed to the Board of Adjustment pursuant to the procedures set forth in section 21-6-2.11 of this article. (Ord. 18-880, 7-23-2018)

Because of special circumstances applicable to a property, including its size, shape, topography, location or surroundings, there may be instances in which the strict application of this chapter will deprive the property of privileges enjoyed by other properties in the same zoning district. To ensure a fair application of this chapter, a variance from the standards imposed may be granted by the Board of Adjustment. In granting a variance:

   A.   Consideration may be afforded with respect to dimensional and performance standards including, but not limited to site dimensions, yards, height of structures, distances between structures, open space requirements, signage dimensions, fences, and walls.

   B.   Nothing shall be construed to empower the Board to change the terms of this chapter, to authorize uses which violate any other City ordinance, to affect changes in the Zoning Map, to add to the uses permitted or adjust the permitted density/intensity in any zoning district, or to grant a variance.

   C.   All sections of this chapter are considered binding unless relief is granted through the variance process.

   D.   All approved variances shall be personal to the appellant and shall be transferable and run with the land only after completion and final inspection of any authorized structure. (Ord. 18-880, 7-23-2018)

 

   A.   Pre-Application Conference: Prior to the submission of an application for a variance, all applicants are required to schedule a meeting with the Zoning Administrator, as set forth in section 21-6-2.1, "Pre-Application Meeting", of this article.

   B.   Application Submittal: A complete application for a variance shall be submitted to the Zoning Administrator as required by section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article. At a minimum, a variance application shall include:

      1.   Proof of ownership;

      2.   A written statement indicating the variance will meet the requirements listed in section 21-6-9.3, "Required Findings", of this section 21-6-9;

      3.   A site plan showing the building footprint and the proposed use(s) of all buildings proposed, parking configuration and other details necessary to demonstrate that the proposed use and site conforms with all other requirements of the zoning district and variance requirements;

      4.   The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this chapter for a variance.

   C.   Citizen Review Process: The applicant shall not be required to conduct a neighborhood meeting, however for certain variance requests, City staff shall have the option to require the applicant to schedule and conduct a neighborhood meeting to facilitate an expeditious public hearing process.

If the applicant chooses to hold, or is required to hold, a neighborhood meeting it shall be conducted in accordance with the procedures set forth in section 21-6-2.3, "Citizen Review Process", of this article.

   D.   Application Review And Report: Upon receipt of a complete variance application, the Zoning Administrator shall review the proposed variance for compliance with criteria enumerated in section 21-6-9.3 of this section 21-6-9. The Zoning Administrator shall then prepare a staff report for transmittal to the Board of Adjustment.

   E.   Notification: Public notification shall be provided in compliance with section 21-6-2.5, "Public Notice Requirements", of this article.

   F.   Board Of Adjustment Review And Action: The Board of Adjustment shall review the application in a public hearing and may approve, approve with conditions, or deny the variance.

      1.   Conditions Of Approval: In approving a variance, the Board of Adjustment may impose reasonable conditions necessary to:

         a.   Achieve the general purposes of this chapter or the specific purposes of the zoning district in which the site is located, or to make it consistent with the adopted Eloy General Plan;

         b.   Protect the public health, safety, and general welfare; or

         c.   Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.

   G.   Written Notification: The decision to approve or approve with conditions or deny shall be communicated in writing to the applicant in compliance with section 21-6-2.7 of this article. (Ord. 18-880, 7-23-2018)

The Board of Adjustment shall only approve a variance after finding that all of the following conditions are met. Financial hardship, personal preference of the owner, or the fact that the property may be utilized more profitably if the requested variance is granted shall not be considered grounds for approval.

   A.   Special conditions and circumstances exist which are unique to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district.

   B.   A literal interpretation of this chapter would deprive the appellant of rights commonly enjoyed by other properties in the same zoning district.

   C.   The alleged hardship caused by literal interpretation of the provisions of this chapter includes more than personal inconvenience and financial hardship, and is not the result of actions by the appellant.

   D.   Granting the variance will not confer upon the appellant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same zoning district.

   E.   Granting the variance will not interfere with or substantially injure the appropriate use of adjacent conforming properties in the same zoning district.

   F.   The reasons set forth in the appeal justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

   G.   Granting the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

   H.   No variance shall be granted from any written conditions attached by another decision-maker to the approval of a rezoning, conditional use permit, subdivision plat, or site plan.

   I.   No variance shall be granted if the conditions or circumstances affecting the applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations.

   J.   No non-conforming use or violations of this chapter with respect to neighboring lands, structures or buildings, in the same zoning district, and no permitted use of lands, structures or buildings in other zoning districts, shall be considered grounds for granting a variance.

   K.   Every decision of the Board shall be based upon the findings of fact, and every finding of fact shall be supported in the record of its proceedings. The conditions required by this chapter to exist on any matter upon which the Board is authorized to pass under this chapter shall be construed as limitations on the power of the Board to act. A mere finding or recitation of the enumerated conditions, unaccompanied by findings of specific fact, shall not be deemed findings of fact, and shall not be deemed in compliance with this chapter. (Ord. 18-880, 7-23-2018)

   A.   Expiration: In any case where a variance has not been used within one year after its granting by the Board of Adjustment shall become null and void.

   B.   Time Extensions: The Board of Adjustment shall hold a public hearing to consider the granting of a time extension of no more than one additional year as follows:

      1.   Upon request by the applicant.

      2.   When the request is filed in writing with the Community Development Department not less than thirty (30) days prior to the expiration date of the original variance approval.

      3.   When accompanied by a time extension fee in accordance with the fee schedule of the City of Eloy.

      4.   Upon determination by the Board that there have been no changes in the circumstances or in the vicinity of the property or use which would render the previously approved variance inappropriate. (Ord. 18-880, 7-23-2018)

   A.   Revocation: The Board of Adjustment shall be authorized to hold a public hearing to consider the revocation of a variance previously granted in accordance with the provisions of this chapter. A written notice of the date, time, place and purpose of the hearing shall be served on the owner of the property for which the variance was granted by registered mail, return receipt requested, not less than thirty (30) days prior to the date of such hearing.

   B.   Findings: A variance may be revoked if, from the facts presented at the public hearing or by investigation, the Board makes an affirmative determination on any one of the following findings:

      1.   That the variance was obtained by fraud.

      2.   That the variance granted is being exercised contrary to the conditions of approval of such variance or in violation of any applicable law, license, ordinance, permit or regulation. (Ord. 18-880, 7-23-2018)

An appeal from any final decision regarding a Board action shall be filed with Superior Court within thirty (30) days of the decision. If no appeal is filed in writing within thirty (30) days, the decision shall be considered final. (Ord. 18-880, 7-23-2018)

The purpose of this section 21-6-10 is to provide procedures by which specific signage within the City is regulated to promote traffic safety, safeguard public health, facilitate police and fire protection, prevent adverse community appearance and enhance identification and/or direction within the City. Certain sign approvals are required to erect, re-erect, construct, alter or move specific sign types within the City. Sign applications shall also be required as part of a final site plan or final plat submittal or as may be required by the Zoning Administrator. (Ord. 18-880, 7-23-2018)

 

   A.   Application Submittal: A complete application for a sign permit or comprehensive sign plan (see section 21-4-3.11 of this chapter) shall be submitted to the Zoning Administrator as set forth in section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article. All sign permit or comprehensive sign plan applications shall provide information as specified in subsections 21-4-3.11A and B of this chapter.

   B.   Additional Application Requirements: The application for a sign permit for the erection of a sign in which electrical wiring and connections are to be used shall include electrical plans and specifications to be submitted to the Zoning Administrator, who shall forward the plans and specifications regarding all wiring and connections to the Eloy building official. The Eloy building official shall examine the plans and specifications to determine compliance with the Electrical Code of the City as a condition of granting the sign permit.

   C.   Application Review And Decision: Upon receipt of a complete sign permit or Comprehensive Sign Plan package application, the Zoning Administrator shall review the proposed application and distribute the application to other reviewers as he or she deems necessary. Based on the results of those reviews, the Zoning Administrator shall take final action on the application and approve, approve with conditions, or deny the application based on compliance with the requirements of this chapter (see sign standards in section 21-4-3, "Signage", of this chapter).

   D.   Appeal: An appeal from any final decision of the Zoning Administrator may be appealed to the Board of Adjustment pursuant to the procedures set forth in section 21-6-2.11 of this article. (Ord. 18-880, 7-23-2018)

 

   A.   Application Submittal: A complete application for a Master Sign Program (see section 21-4-3.11 of this chapter) shall be submitted to the Zoning Administrator as set forth in section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article. All Master Sign Program applications shall provide information as specified in section 21-4-3 of this chapter.

   B.   Application Review And Report: Upon receipt of a complete Master Sign Program application, the Zoning Administrator shall review the proposed application and prepare a staff report for transmittal to the Planning and Zoning Commission in accordance with section 21-6-2.4, "Application Review And Report (Substantive Review)", of this article.

   C.   Planning And Zoning Commission Review And Recommendation: The Planning and Zoning Commission shall review the application in a public hearing, and recommend approval, approval with conditions, or denial of the application, subject to the review conditions set forth in sections 21-6-2.4 and 21-6-2.6 of this article.

   D.   City Council Review And Action: The City Council shall review the application in a public meeting and approve, approve with modifications, or deny the application.

   E.   Written Notification: The decision to approve or approve with conditions or deny shall be communicated in writing to the applicant in compliance with section 21-6-2.7 of this article. (Ord. 18-880, 7-23-2018)

The Planning and Zoning Commission may recommend, and City Council approve a Master Sign Program as submitted or modified only upon making the following findings:

   A.   The proposed sign program only amends provisions in section 21-4-3, "Signage", of this chapter and does not violate any other provisions of this chapter or any other City ordinance.

   B.   The appearance, scale, materials, design and graphics, and orientation of signs are in keeping with the character of the site and buildings, and the surrounding neighborhood.

   C.   Approval of the master sign program would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. (Ord. 18-880, 7-23-2018)

Failure to conform to the provisions of a sign permit, including any conditions and/or stipulations attached thereto by the Zoning Administrator, Planning Commission and/or City Council shall render such permit void. (Ord. 18-880, 7-23-2018)

Decisions of the Planning Commission may be appealed to the Superior Court pursuant to the procedures set forth in section 21-6-2.11 of this article. (Ord. 18-880, 7-23-2018)

This section 21-6-11 provides procedures and standards for the comprehensive review of proposed development projects to: promote the safe, functional and aesthetic development of property, ensure compliance with the development and design standards of this chapter; and encourage quality development reflective of the goals, policies, and objectives of the General Plan. Site plan review shall be required for:

   A.   All new construction, remodeling, or expansion of non- residential or multi-family residential uses, with the following exceptions:

      1.   Proposed modifications are strictly related to the interior of the building.

      2.   Modifications, additions, or enlargements to a building which do not increase the gross floor area by more than five hundred (500) square feet or ten percent (10%), whichever is less, and which do not require a variance from the provisions of this chapter.

   B.   An application for approval of a Zoning Map amendment or conditional use. In this case, the site plan review shall occur concurrently with the review of the rezone or conditional use application. (Ord. 18-880, 7-23-2018)

 

   A.   Pre-Application Conference: Prior to the submission of an application for site plan approval, all applicants are required to schedule a meeting with the Zoning Administrator, as set forth in section 21-6-2.1, "Pre-Application Meeting", of this article.

   B.   Application Submittal: A complete application for site plan approval shall be submitted to the Zoning Administrator as required by section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article and section 21-6-11.3, "Required Site Plan Information", of this section 21-6-11.

   C.   Application Review And Action: Following submittal of a complete application, the Zoning Administrator shall refer the application to the appropriate review agencies and Development Review Committee to review the submitted materials, and provide written review comments to the applicant, if necessary. Following receipt of review comments, the applicant shall correct the site plan as needed and resubmit the corrected application to the Community Development Department. Based on the resubmitted application material, the Zoning Administrator shall take final action on the application and approve, approve with conditions, or deny the application based on the applicable approval criteria, unless the Zoning Administrator determines that there are unusual circumstances or special conditions related to an application, in which case the Administrator may defer action and refer such application to the Planning and Zoning Commission for final decision.

      1.   Conditions Of Approval: In approving a site plan, the Zoning Administrator may impose reasonable conditions necessary to:

         a.   Achieve the general purposes of this chapter or the specific purposes of the zoning district in which the site is located, or to make it consistent with the General Plan;

         b.   Protect the public health, safety, and general welfare; or

         c.   Insure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.

   D.   Review By Planning And Zoning Commission: If referred to the Planning and Zoning Commission, the commission shall review the application in a public hearing, and grant approval, approval with conditions, or denial of the subject application as set forth in sections 21-6-2.6 through 21-6-2.7 of this article.

   E.   Written Notification: The decision to approve or approve with conditions or deny shall be communicated in writing to the applicant in compliance with section 21-6-2.7 of this article. (Ord. 18-880, 7-23-2018)

All site plans shall be drawn to scale and shall contain the following information, unless otherwise specifically waived by the Zoning Administrator:

   A.   A vicinity map which shall include the location of any public streets in the vicinity of the site.

   B.   The boundaries and dimensions shown graphically, along with a written legal description of the property.

   C.   The present and proposed topography, drainage systems and structures, and retention basins of the site by contour lines at an interval of not more than two feet (2').

   D.   The location of existing and proposed structures, with height, gross floor area, use and exterior material appropriately noted.

   E.   The location of open space, yards, and setbacks and their dimensions.

   F.   The location and dimensions of existing and proposed points of vehicular and pedestrian access.

   G.   The location of off-street parking, driveway and loading areas, with number of spaces, dimensions, circulation patterns, and type of paving appropriately noted.

   H.   The type of surfacing and base course proposed for all parking areas, loading areas, and walkways.

   I.   The location, height, and material for screening walls and fences.

   J.   The size and location of all existing and proposed public and private utilities and their easements.

   K.   Existing and proposed public streets or rights-of-way, easements, or other reservations of land on the site.

   L.   The location and method of screening of outdoor trash storage areas.

   M.   The location and size of all proposed signage.

   N.   The location and height of proposed lighting facilities.

   O.   Elevation views of all proposed buildings or structures, with building materials and proposed colors noted.

   P.   When a site is to be developed in stages, the plan should indicate the ultimate development of the site and proposed developmental phases.

   Q.   Any additional information which the Zoning Administrator may find necessary to establish compliance with this chapter and other ordinances. (Ord. 18-880, 7-23-2018)

In determining whether to approve, approve with conditions, or deny proposed site plans, issues for consideration shall include but not be limited to:

   A.   The general layout of the project, including orientation and location of buildings, open space, vehicular and pedestrian access and circulation, parking and loading facilities, building setbacks and heights, and other improvements on the site, is consistent with the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines.

   B.   The architectural design of the structure(s) and their materials and colors are compatible with the scale and character of surrounding development and other improvements on the site and are consistent with the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines.

   C.   The landscaping, including the location, type, size, color, texture, and coverage of plant materials, provisions for irrigation, and protection of landscape elements has been designed to create visual relief, complement structures, and provide an attractive environment and is consistent with the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines.

   D.   The design and layout of the proposed project will not interfere with the use and enjoyment of neighboring existing or future development, will not result in vehicular or pedestrian hazards, and will be in the best interest of the public health, safety, and general welfare.

   E.   The existing or proposed public facilities necessary to accommodate the proposed project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, street lights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site.

   F.   The proposed project is consistent with the General Plan and any applicable specific plan. (Ord. 18-880, 7-23-2018)

A site plan approval is a binding development order and all improvements reflected on approved site plans must be completed, and all restrictions and conditions of site plan approval must be fulfilled, prior to issuance of the final certificate of occupancy. (Ord. 18-880, 7-23-2018)

   A.   A site plan approval becomes void if a building permit has not been issued within one year from the date of approval. An extension of approval may be granted if the applicant files for an extension prior to the approval becoming void and the extension is granted by the Zoning Administrator. The Zoning Administrator may grant a one-time three (3) month extension. Additional extensions must be approved by the Planning and Zoning Commission.

   B.   Applications for extensions of the time need to include justifications for the extension. The Planning and Zoning Commission will give consideration to the following:

      1.   Progress of the project.

      2.   Funds spent on the project.

      3.   Good faith efforts.

      4.   Weather-related delays and other acts of God.

      5.   Delays related to archaeological or environmental issues. (Ord. 18-880, 7-23-2018)

The Zoning Administrator shall notify the applicant of a violation or termination of a site plan approval, by mail, if the applicant has not commenced use of the building permit. The applicant shall be notified if they are in violation of the conditions of the site plan. If no attempt is made to change the circumstances of the violation within ten (10) days of notification, the site plan approval and all permits requiring site plan approval shall be revoked. (Ord. 18-880, 7-23-2018)

An appeal from any final decision of the Zoning Administrator may be appealed to the Board of Adjustment pursuant to the procedures set forth in section 21-6-2.11 of this article. Decisions of the Planning and Zoning Commission may be appealed to the City Council pursuant to the procedures set forth in section 21-6-2.11 of this article. (Ord. 18-880, 7-23-2018)

The purpose of this section 21-6-12 is to provide procedures consistent with applicable State requirements for the annexation of real property into the corporate limits of the City. (Ord. 18-880, 7-23-2018)

   A.   City Council Or City Manager: The City Council or City Manager may direct staff to review specific property to determine whether it may be legally annexed and to contact property owners to determine whether they will sign an annexation petition.

   B.   Owner Initiation: One or more property owners may submit an application to annex property owned by them into the City. (Ord. 18-880, 7-23-2018)

All annexation proceedings shall be conducted in conformance with Arizona Revised Statutes section 9-471 and any other applicable State law requirements for the annexation of land into the City. (Ord. 18-880, 7-23-2018)

   A.   The purpose of this section 21-6-13 is to provide procedures for the review of a Certificate of No Effect, Certificate of Appropriateness, and Certificate for Economic Hardship for property zoned with the Historic Preservation Overlay.

(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

   A.   Pre-Application Conference: Prior to the submission of an application for a Certificate of No Effect, Certificate of Appropriateness, or Certificate for Economic Hardship, all applicants are required to schedule a meeting with the Zoning Administrator, as set forth in section 21-6-2.1, "Pre-Application Meeting", of this article.

   B.   Application Submittal: A complete application for a Certificate of No Effect, Certificate of Appropriateness, and Certificate for Economic Hardship approval shall be submitted to the Zoning Administrator as required by Section 21-6-2.2 Application Submittal (Administrative Completeness Review) of this Article, and Section 21-6-13.2 Required Application Information.

(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

   A.   Application Information for a Certificate of No Effect, Certificate of Appropriateness, Certificate of Hardship:

      1.   Contents of Application: Prior to the commencement of any work for modifications, the owner shall file an application for a Certificate of No Effect, Certificate of Appropriateness, or Certificate of Hardship to the Zoning Administrator and obtain the appropriate approvals and issuance of the appropriate Certificate. The application shall contain:

         a.   Name, address, and telephone number of the applicant;

         b.   Location and photographs of the property;

         c.   Site Plan drawings of proposed changes, if available;

         d.   Elevation drawings of proposed changes, if available;

         e.   Perspective drawings, including relationship to adjacent properties, if available;

         f.   Where the proposal includes signs with lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the sign's location on the property; and

         g.   Any other information that the Community Development Director may deem necessary in order to visualize the proposed work or justify the proposed hardship.

(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

   A.   No building or demolition permit shall be issued for any proposed work until the associated Certificate of No Effect, Certificate of Appropriateness, or Certificate of Hardship has been issued. The Certificate of No Effect, Certificate of Appropriateness, and Certificate of Economic Hardship is in addition to, and not in lieu of, any building or demolition permit that may be required by Chapter 5 Buildings of the Eloy Code.

(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

   A.   The Community Development Director may approve an application and issue a Certificate of No Effect if:

      1.   It is determined the proposed modification is minor and clearly within the context of the adopted Historic Preservation Plan;

      2.   The property owner, or the owner authorized agent, agrees to modifications to the proposed work that are necessary for compliance with the Historic Preservation Plan; and

      3.   The proposed modification will not diminish, eliminate, or adversely affect the Landmark or District of the subject property; or

      4.   The proposed modification is in an area of the proposed property that is not covered by the Historic Preservation Plan, and the Community Development Director determines the proposed work will not diminish, eliminate, or adversely affect the Landmark or the District.

   B.   An application that does not comply with the criteria for a Certificate of No Effect shall be sent to the Planning and Zoning Commission for a decision on a Certificate of Appropriateness for the proposed modifications. The Community Development Director may require additional information to be provided for the Planning and Zoning Commission to review the request as a Certificate of Appropriateness.

(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

   A.   The Planning and Zoning Commission may approve an application and issue a Certificate of Appropriateness for modifications to a Landmark or Historic District upon finding that the criteria have been met.

   B.   Criteria for a Certificate of Appropriateness to make modifications to a Landmark or a property within a Historic District:

      1.   The proposed alterations are consistent with the applicable Historic Preservation Plan;

      2.   The proposed alterations to a Landmark or contributing property of a Historic District shall be compatible with its historic character, and the historic features altered as little as possible; and

      3.   The proposed alterations or additions are consistent with the applicable Standards and Guidelines of Section 21-6-13.7.

   C.   Addition Criteria for Property Within a Historic District:

      1.   Alterations of non-contributing properties within a historic district shall be compatible with the Historic District.

(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

   A.   In applying the principle of compatibility, the Planning and Zoning Commission shall consider the following:

      1.   The general design character and appropriateness to the property of the proposed alteration or new construction;

      2.   The scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood;

      3.   Texture, materials, color, and their relation to similar features of other properties in the neighborhood;

      4.   Visual compatibility with surrounding properties, including the proportion of the property's front facade, proportion and arrangement of windows and other openings with the facade, roof shape, and the rhythm of spacing of properties on streets, including setback; and

      5.   The importance of historic, architectural, or other features to the significance of the property.

(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

   A.   The following standards and guidelines shall be used in the review and decisions pertaining to cultural resource studies and Certificate of Appropriateness:

      1.   Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines as currently amended and annotated by the National Park Service.

      2.   The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings.

      3.   Guidelines and preservation briefs and other similar best practice documents published by the National Park Service.

(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

   A.   The approval of a Certificate of Appropriateness and a Certificate of No Effect shall expire two (2) years from the date of issuance, unless the related construction work has begun. If work has begun and it has been over two years, the Certificate of No Effect shall expire when the Building Permit(s) has expired, or if a Building Permit is not required, there has not been any documented construction activity within one hundred eighty-two (182) days and the work has not been completed.

(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

   A.   Proposed Alteration: An applicant whose Certificate of Appropriateness for a proposed alteration has been denied may apply for relief on the grounds of economic hardship. In order to prove the existence of economic hardship, the applicant shall establish that the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.

   B.   Proposed Demolition:

      1.   An applicant whose Certificate of Appropriateness for a proposed alteration has been denied:

         a.   Shall consult in good faith with the Planning and Zoning Commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in the preservation of the property. Evidence of the applicant's good faith effort shall be submitted with the application for a Certificate for Economic Hardship.

         b.   May apply for relief on the grounds of economic hardship to demolish a Landmark or improvement within a Historic District on the grounds of hardship. In order to prove the existence of an economic hardship, the applicant shall establish that:

         i.   The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;

         ii.   The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which could result in a reasonable return; and

         iii.   Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

      2.   The Community Development Director may approve or refer an Certificate of Economic Hardship to demolish a Landmark, or a structure or improvements in a Historic District to the Planning and Zoning Commission upon consultation with the Building Official and Fire Marshal, finds that it has been damaged or destroyed by fire, flood, or similar abnormal and identifiable event, and more than fifty percent (50%) of the current assessed value.

(Ord. 24-979, 10-14-2024, eff. 3-1-2025)

   A.   Any person aggrieved by a decision of the Planning and Zoning Commission on an application for a Certificate of Appropriateness or Certificate of Economic Hardship may, within fourteen (14) calendar days submit to the City Clerk a request for the City Council for review of the Commission's decision. The City Council shall review the application de novo, and may uphold, reverse, or the decision.

(Ord. 24-979, 10-14-2024, eff. 3-1-2025)