Goodyear City Zoning Code

ARTICLE 1

Administration and Procedures

§ 1-1-1 Title.

The ordinance embraced in the following chapters and sections shall constitute and be designated “The Zoning Ordinance of the City of Goodyear, Arizona,” and may be so cited. Such ordinance may also be cited as the “Zoning Ordinance.”

§ 1-1-2 Purpose.

This Article establishes duties and responsibilities necessary to exercise zoning and planning authority for the City of Goodyear pursuant to State of Arizona municipal planning and zoning enabling legislation.

This Ordinance of the Mayor and City Council of the City of Goodyear, Maricopa County, Arizona, (hereafter "City") is hereby adopted for the following purposes:

A. To promote and protect the health, safety and welfare of the residents of the City of Goodyear and to establish land use classifications; dividing the City into districts; imposing regulations, prohibitions and restrictions for the promotion of health, safety, convenience, aesthetics, and welfare; governing the use of land for residential and non-residential purposes; regulating and limiting the height and bulk of buildings and other structures; limiting lot occupancy and the size of yards and other open spaces; establishing standards of performance and design; adopting a map of said districts; prescribing penalties for violations of said Ordinance; and repealing all Ordinances in conflict therewith.

Further, such regulations are deemed necessary to lessen congestion in the streets; to provide adequate open space for light and air; to conserve property values; to assure orderly growth; to facilitate the adequate provision of transportation, water sewer, schools, parks and other improvements; and to promote public health, safety, and welfare.

B. This Ordinance shall be considered the minimum requirements necessary for the promotion of the General Plan, as amended from time to time, and for the protection of the citizens of Goodyear and the general public.

Compliance with all other ordinances, codes, rules, regulations, policies and guidelines adopted by the Goodyear City Council, such as, but not limited to, International Fire Codes, International Building Codes, hazardous materials regulations, City of Goodyear Engineering Design Standards and Policy Manual, or PAD standards approved by the City of Goodyear shall be adhered to, and where differences occur, the more restrictive shall prevail.

§ 1-1-3 Establishment of Districts.

In order to promote the orderly development of the City and carry out the provisions of this Ordinance and in order to classify, regulate, restrict, and separate the use of land, buildings and structures, the City is hereby divided into the following districts:

Agricultural	AG
Agricultural-Urban	AU
Single Family Residential	R1-10
Single Family Residential (Detached)	R1-7
Single Family Residential (Detached)	R1-6
Single Family Residential (Detached)	R1-4
Single Family Residential (Attached)	R1-A
Single Family Residential (Court Home)	R1-C
Two Family Residential	R2
Multi-Family Residential	MF-18
Multi-Family Residential	MF-24
Manufactured Home Subdivision	MHS
Manufactured Home Park or Recreational Vehicle Park	MH/RVP

Commercial Office	C-O
Neighborhood Commercial	C-1
General Commercial	C-2
Central Business District	CBD
Public Facilities District	PFD

Light Industrial Park	I-1
General Industrial Park	I-2

Preliminary Planned Area Development	P-PAD
Final Planned Area Development	F-PAD

§ 1-1-4 Location and Boundaries of Districts.

The locations and boundaries of zoning districts are established on the City of Goodyear Zoning Map, dated and signed by the Mayor and City Clerk, which map accompanies and is hereby declared a part of this Zoning Ordinance.

A. The Zoning District boundary lines are intended to follow street, alley, lot, or property lines, as they exist at the effective date of this Ordinance except where such district boundary lines are fixed by dimensions shown on the Zoning Map, in which case such dimensions shall govern. Where a zoning district boundary line is indicated as approximately following streets or highway rights-of-way, the zoning district of the adjacent property shall be extended to the centerline of such street or highway right-of-way. In no case, however, is the Zoning Map intended to be used as a precise, legal narrative of any zoning district boundary.

B. Where a Zoning District boundary is not clearly defined on the Zoning Map, the location of such boundary shall be determined administratively by the Zoning Administrator.

§ 1-1-5 Transition Procedures.

In order to ensure the orderly adoption and enforcement of this Zoning Ordinance, the following transition rules shall govern the applicability of this Ordinance.

A. The provisions of this Ordinance and any amendments shall not apply to those developments for which a building permit has been issued prior to the adoption of this Ordinance, provided said building permit remains in full force and effect. In the event the building permit expires, said permit may not be extended or renewed unless all provisions of this Ordinance are met.

B. A parcel of land zoned subject to a plan of development, standards or stipulations adopted prior to the effective date of this Ordinance shall be developed in accordance with that approved plan of development, standards or stipulations but shall comply with these regulations to the maximum extent possible. In the event of a conflict between provisions of these regulations and the approved plan of development, standards or stipulations, the approved plan of development, standards or stipulations shall control.

1. Development agreements or design themes adopted or established prior to the effective date of this Ordinance shall, likewise, control.

2. If the rezoning was subject to a schedule for development, the time period for which has expired, then the development of that parcel of land shall be subject to all applicable provisions of this Ordinance.

C. Any uses of land, structures, or parcels which existed on the effective date of this Ordinance and which do not meet the standards and regulations of this Ordinance, shall be deemed nonconforming and shall be controlled by the provisions of Article 4-3, except that the City may require a nonconforming use to be brought into compliance by a specific date if such compliance is mandated by State Law and only after the new requirement has been made part of this Zoning Ordinance through an amendment adopted pursuant to the amendment procedures specified herein.

§ 1-1-6 Regulations Governing Newly Annexed Areas.

A. INITIAL ZONING. Within newly annexed areas, the City shall initially adopt zoning classifications which permit densities and uses no greater than those permitted by Maricopa County immediately prior to annexation, unless an amendment of the Zoning District boundary is processed concurrently with such annexation, pursuant to the procedures required for such an amendment. Areas, when annexed to the City, shall, until officially zoned by the City Council, be considered to be zoned to City classification closest to that shown on the official zoning map of Maricopa County at the time of annexation. Such County Zoning shall apply for not more than six (6) months. Subsequent changes in zoning of the annexed territory shall be made according to procedures established by this Ordinance.

1. Maricopa County building permits or Use Permits validly issued pursuant to County requirements not more than sixty (60) days prior to the effective date of annexation, shall be accepted by the Chief Building Official, or his designee, as valid permits for a period of sixty (60) days after the effective date of annexation. If construction has not commenced on or before the sixtieth (60th) day after the effective date of annexation, a City building or Use Permit shall be required.

2. For buildings under construction with a valid building or Use Permit issued by Maricopa County prior to the effective date of an annexation ordinance, a City building permit shall not be required, but the Chief Building Official, or his designee, shall require that buildings constructed under such County building or Use Permit shall be structurally safe and shall conform to pertinent County zoning regulations in effect at the time the County permit was issued.

1. Any use or activity conducted contrary to County zoning regulations at the effective date of annexation and not constituting a nonconforming use under the County zoning regulations shall not be considered a nonconforming use, and shall constitute a violation of this Ordinance.

2. Any use, activity or structure that is existing at the effective date of annexation, under a Maricopa County Use Permit with a time limit imposed, shall not be a nonconforming use, but may, unless considered a permitted use under subsequently-established City zoning, continue for the extent of the time limit. Such Use Permits may be extended with subsequent City Use Permit approval in accordance with this Ordinance.

3. Any lot or parcel of land duly recorded in the Maricopa County Recorder's Office prior to the effective date of this Ordinance and having an area, width or depth less than that required in the Zoning District regulations in which such lot or parcel is situated, shall be deemed to be a lot and may be used as a building site, provided that applicable use, setback, height and lot coverage, parking, signage, landscaping, and Site Plan criteria for the Zoning District shall apply.

D. LAND USE MAP TO BE PREPARED. Upon annexation, the property owners requesting annexation shall prepare a land use map which shall depict the manner in which buildings and/or lands were being used at the time of annexation.

§ 1-1-7 Exceptions and Modifications.

Regulations specified in this Ordinance shall be subject to the following exceptions, modifications and interpretations:

A. EXTENSION OF TIME. Under special conditions, the City Council may grant extensions of time unless otherwise set forth in this Ordinance.

B. USE OF EXISTING LOTS OF RECORD. In any district where dwellings are permitted, a single-family dwelling may be located on any lot or plot of official record that existed on the effective date of this Ordinance, which does not meet area and/or width requirements of this Ordinance.

C. STRUCTURES PERMITTED ABOVE THE HEIGHT LIMIT. Building height limitations of this Ordinance may be modified as follows: Public, semi-public or public service buildings, sanitariums, schools, churches, and temples, when permitted in a district, may have the applicable height limit waived by City Council, provided that each setback is increased one foot for each foot of additional building height above the height limit otherwise provided in that district.

D. AREA REQUIREMENTS. In any residential district where neither the public water supply nor public sanitary sewer is accessible, lot area and frontage requirements shall be consistent with County or State health requirements, and meet the minimum requirements of the zone district in which located.

E. OTHER EXCEPTIONS TO YARD REQUIREMENTS. Every part of a required yard shall be open to the sky, unobstructed by any structure, except for permitted accessory buildings, and except for ordinary projections of sills, bay windows, cornices and other features permitted elsewhere in this Ordinance (Article 5-2: Walls, Fences). Such projection shall not exceed twenty-four (24) inches, except for portals as noted in Article 8-1-F-4.

F. MIXED-USE YARD REQUIREMENTS. When buildings are erected containing two (2) or more uses housed vertically, required side yards for the first floor use shall control.

§ 1-2-1 Repeal, Severability, and Application.

A. REPEAL. All other City of Goodyear Zoning Ordinances or parts in conflict with this Ordinance are hereby repealed.

B. SEVERABILITY. Should any section or provision of this Ordinance be decided by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the Ordinance as a whole or part thereof, other than the part so decided to be unconstitutional or invalid.

C. APPLICATION. Repeal of any Ordinance or parts thereof by this Ordinance shall not:

1. Affect suits pending or rights existing prior to the date of this Ordinance; or

2. Affect any grant or conveyance made, or right acquired, or cause of action now existing under any repealed Ordinance or amendment thereto; or

3. Affect the validity of any bond or other obligation issued or sold (constituting a valid obligation of the issuing authority) prior to the effective date of this Ordinance.

§ 1-2-2 Zoning Administrator – Enforcement, Interpretation and Conflict.

A. The office of Zoning Administrator is hereafter established and such Zoning Administrator shall have the responsibility for enforcement and interpretation of the Zoning Ordinance and the authority to approve, conditionally approve, or deny site plan and design review applications, pursuant to the processes set forth in this Ordinance, the Administrative Process Manual, and the Engineering Standards. The Development Services Department Director of the City shall serve as the Zoning Administrator.

B. In interpretation and application, provisions of this Ordinance shall be considered the minimum requirements for the promotion of public health, safety and general welfare.

C. Provisions of this Ordinance are not intended to interfere with, abrogate, or annul any ordinance, rule, regulation or permit not in conflict with this Ordinance. This Ordinance is not intended to interfere with, abrogate or annul any easement, covenant or other agreement between parties.

D. A property owner and/or occupant shall allow the Zoning Administrator, or authorized agents, access to private property for such inspections as are necessary to ensure that requirements of this Ordinance are met.

§ 1-2-3 Violations and Penalties.

A. It is unlawful to construct, erect, install, alter, change, maintain, use or to permit the construction, erection, installation, alteration, change, maintenance, or use of any house, building, structure, sign, landscaped area, parking lot or fence, or to permit the use of any lot or land contrary to, or in violation of any provisions of this Ordinance, or of any conditions, stipulations or requirements included as a condition of any applicable approval. Any land use that is specifically prohibited by this Ordinance or is unspecified and not classified by the Zoning Administrator is prohibited in any district.

B. RESPONSIBLE PARTY. The responsible party for any violations hereunder is the owner of personal property improvements or real property and/or person in possession or control of any personal property improvements or real property (Person). The responsible party shall be responsible for any violations hereunder whether or not the responsible party or its agent committed the prohibited act(s) or neglected to prevent the commission of the prohibited act(s) by another.

C. Every Responsible Party shall be deemed responsible or guilty of a separate offense for each and every day during which any violation is committed or continued.

D. PENALTY. Any Person who violates any of the provisions of this Ordinance and any amendments there to and/or any conditions, stipulations or requirements included as a condition of any applicable approval shall be:

1. Subject to civil sanctions of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) per offense; or,

2. Guilty of a class 1 misdemeanor, punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by a term of probation not exceeding three (3) years, or imprisonment for a term not exceeding six (6) months, or punishable by a combination of fine, probation or imprisonment. The City Prosecutor is authorized to file a criminal misdemeanor complaint in the City of Goodyear Municipal Court for violations hereunder.

§ 1-2-4 Injunction.

A. If any building or structure is constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used, in violation of this Ordinance, or of a condition upon which approval of any amendment, Use Permit or Site Plan is based, any owner or tenant of real property in the same zoning district or the Zoning Administrator or any duly authorized representative thereof may institute an appropriate action:

1. To prevent unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use of the land, whether improved or otherwise;

2. To prevent occupancy of the building, structure or land whether improved or otherwise;

3. To prevent any illegal act, conduct, business or use in or about the premises; or,

4. To restrain, correct or abate the violation.

B. When any action is instituted pursuant to this Section 1-2-4, notice shall be served upon the City Attorney when suit is begun, and by personally serving a copy of the complaint to the owner and/or tenant.

C. In any such action under this Section 1-2-4 the court with jurisdiction, in its discretion, may issue a temporary restraining order, a preliminary injunction, or a permanent injunction upon such terms and conditions as will do justice and enforce this Ordinance.

§ 1-2-5 Planning and Zoning Commission.

A. PURPOSE. The Planning and Zoning Commission (hereinafter "Commission") is created to provide analysis and recommendation of the City's General Plan, proposed developments, rezonings, and Ordinance amendments to the City Council. Its purpose is to review all aspects of a proposed and future development including, but not limited to present and projected growth of the City, site planning and the relationship of the development to the surrounding environment and community. The Commission recognizes the interdependence of land values, aesthetics and good site planning by promoting harmonious, attractive and compatible development that is therefore considered to be in furtherance of the public health, safety and general welfare.

B. ORGANIZATION. There is created a Planning and Zoning Commission to consist of seven (7) members, each of whom shall be a resident of the City, to be appointed by the Mayor with the approval of the City Council. Four members shall constitute a quorum, or as otherwise specified in the Commission’s By-Laws. The members of the City Planning and Zoning Commission shall serve for three (3) year terms unless sooner removed by the Council, provided nothing herein shall effect the expiration of the current terms of said City Planning and Zoning Commission. All members shall hold office until their successors are appointed and qualified. Any member of the Commission may be removed by the Mayor with the consent of a majority vote of the City Council for inefficiency, neglect of duty, malfeasance in any office, or other good and sufficient cause. Any vacancy shall be filled within a reasonable time and by appointment by the Mayor with approval of the City Council for the unexpired term.

The members of the Commission may be compensated for the time spent in performance of official duties at such rates and schedules as the Council may establish. Individuals may not serve more than three (3) consecutive three-year terms, subsequent to the effective date of this Ordinance.

1. The Commission shall elect a Chairman and Vice Chairman from among its own members.

2. Meetings of the Commission shall be open to the public. The minutes of its proceedings, showing the vote of each member and records of its examinations and other official actions shall be kept and filed in the office of the City Clerk as a public record.

3. The Commission shall adopt rules of procedure not inconsistent with the provisions of this Ordinance for the conduct of its business and procedure.

4. The concurring vote of a simple majority of the Commission shall be necessary to recommend approval of any application. Any other motion shall be governed by Robert's Rules of Order.

5. The Zoning Administrator shall serve ex-officio as Secretary of the Commission, but shall have no vote.

6. The Commission may hold closed executive sessions or like sessions for the purposes and the manner provided by law.

7. When any Commission member has direct pecuniary or proprietary interest in any matter before the Commission, said member shall declare same, be excused, and refrain from participating in voting on any matters over which the conflict occurs while being considered by the Commission.

C. POWERS. The Planning and Zoning Commission shall have the following powers:

1. Hear requests for amendments, which include planned area developments, of the text of this Ordinance or the Zoning Map of the City, and recommend approval, denial, or approval with revisions of such requests to the City Council.

2. Hear requests for the granting of special uses or Use Permits required and stipulated by this Ordinance and recommend approval, denial, or approval with revisions of such requests to the City Council.

3. Hear requests for planned area developments and subdivisions and recommend approval, denial, or approval with revisions of such requests to the City Council.

4. To promulgate rules of procedure and to supervise the enforcement of rules so promulgated by the Commission.

5. To advise the City Council in all such matters that may pertain to planning and zoning.

6. To oversee, and conduct requisite public hearings for the adoption, updating and processing of amendments to the General Plan. (Am. Ord. 22-1551, passed 8-29-22)

§ 1-2-6 Development Review Committee.

1. A Development Review Committee (hereinafter "Committee") is created which shall include the Zoning Administrator, City Engineer, Chief Building Official, Police Chief, Fire Chief, and City Utilities Managers, or their respective designees, and any other City staff as deemed appropriate by the Zoning Administrator.

2. When any Committee member has direct pecuniary or proprietary interest in any matter before the Committee, said member shall be excused and refrain from participating in the review of any matters over which the conflict occurs while being considered by the Committee.

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

4. The Zoning Administrator shall be responsible for coordinating and directing the meetings of the Committee and issuing all written decisions.

B. PURPOSE. The primary purpose of the Development Review Committee is to review development plans and proposals and provide technical review, guidance and direction to the Zoning Administrator in making a decision to approve, conditionally approve, or deny an application for site plan review or design review. The Development Review Committee may also provide a prospective developer or builder with advice or direction for the purpose of achieving site development that conforms with Goodyear's General Plan, City Code and regulations, and the City’s goals for quality development in the community.

1. The Committee shall advise the Zoning Administrator whether to approve, conditionally approve, or disapprove any application for Site Plan review or design review. The applicant shall be responsible for proving that the intent and purpose of this Ordinance and other applicable provisions of the Goodyear City Code will be satisfied.

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

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

§ 1-2-7 Board of Adjustment.

1. The Board of Adjustment is created to provide for relief from the terms of this Ordinance through the grant of variances, and to hear and decide appeals from decisions of the Zoning Administrator.

2. The Planning and Zoning Commission shall sit as the Board of Adjustment (and is referred to as the “Board” when it is acting in that capacity).

3. The Chairman of the Commission shall serve as the Chairman of the Board and shall have power to administer oaths and to take evidence. The Vice-Chairman of the Commission shall serve as the Vice-Chairman of the Board and shall act as the Chairman of the Board in the absence of the Chairman.

4. Meetings of the Board shall be open to the public. The minutes of its proceedings, showing the vote of each member and records of its examinations and other official actions shall be kept and filed in the office of the City Clerk as a public record.

5. The Board shall adopt rules of procedure not inconsistent with the provisions of this Ordinance for the conduct of its business and procedure.

6. The Goodyear City Clerk or his/her designee shall serve ex-officio as the Secretary of the Board, but shall have no vote.

7. In the event a conflict of interest prevents the City Attorney or his/her designee from representing the Board on an appeal of a decision of a Zoning Administrator, the City shall appoint outside counsel to represent the Board in such appeals.

1. Except as otherwise expressly provided in this Ordinance or the Goodyear City Code, the Board shall hear and decide 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 Ordinance.

2. Upon determination by the Board that there is an error in an order, requirement or decision by the Zoning Administrator in the enforcement of this Ordinance, the Board may reverse or affirm, wholly or partly, or modify the order, requirement or decision of the Zoning Administrator being appealed and may impose conditions as the Board deems necessary to fully carry out the provisions and intent of this Ordinance. The violation of any conditions of approval or other condition imposed by the Board shall be a violation of this Ordinance.

3. The Board shall hear and decide requests for variances as more fully provided in this Ordinance.

4. The Board of Adjustment may not make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the Zoning Ordinance, provided the restriction in this paragraph shall not affect the authority of the Board to grant variances as provided in this Ordinance.

C. APPEALS OF DECISION OF ZONING ADMINISTRATOR. Unless otherwise provided in this Ordinance or the Goodyear City Code, persons with standing who are aggrieved by a decision of the Zoning Administrator, shall be entitled to appeal such decision by filing a written notice of appeal within fifteen (15) calendar days of the date the decision was issued. The appeal shall be filed with the Zoning Administrator and shall be processed in accordance with the procedures generally described herein and more fully described in the Administrative Process Manual.

1. The notice of appeal shall be filed on a form(s) provided by the Development Services Department and shall include all of the information identified in such form(s) and the additional information below. The appeal shall be signed by the aggrieved person and all applicable fees shall be paid when the appeal form is submitted.

a. The appeal form(s) shall be accompanied by: a statement describing the decision of the Zoning Administrator that is the subject of the appeal; citations to any applicable laws, ordinances, codes, policies or regulations the appellant alleges have been improperly interpreted, applied, or violated and appellant’s interpretation of such laws, ordinances, codes, policies or regulations; documentation and evidence supporting appellant’s interpretation and/or position that the Zoning Administrator’s decision improperly applied or violated applicable laws, ordinances, codes, policies or regulations; and any other documentation the appellant would like the Board to consider.

2. The party filing the appeal bears the burden of proof.

a. The party challenging the interpretation(s) of the Zoning Administrator of the Ordinance and/or provisions of the Goodyear Code of Ordinances bears the burden of proving that the Zoning Administrator’s interpretation is clearly contrary to legislative intent or that it is without rational basis.

b. The party challenging factual determinations by the Zoning Administrator bears the burden of proving that no reasonable person could have made such factual determination.

3. The filing of an appeal to the Board shall stay all proceedings in the matter appealed from unless the Zoning Administrator certifies in writing to the Board that in the Zoning Administrator’s opinion, based on the facts presented in the Zoning Administrator’s certification, the stay would cause imminent peril to life or property. Upon such certification, the proceedings shall not be stayed except by a restraining order granted by the Board or court of record upon on application and notice to the Zoning Administrator.

4. The Board shall hold a hearing, at which time all interested persons shall be given the opportunity to be heard.

5. The concurring vote of a simple majority of the Board shall be necessary to reverse or modify any decision of the Zoning Administrator.

D. SPECIAL ACTION IN SUPERIOR COURT. A person aggrieved by a decision of the Board, a taxpayer who owns or leases the adjacent property, or a property within three hundred (300) feet from the boundary of the immediately adjacent property, and/or an officer or a department of the municipality affected by a decision of the Board may, at any time within thirty (30) days after a decision has been rendered, file a complaint for special action in the superior court of Maricopa County to review the Board’s decision. Filing the complaint 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. (Am. Ord. 22-1551, passed 8-29-22)

§ 1-3-1 Amendments.

A. Regulations set forth in this Ordinance and boundaries of Zoning Districts established by the City may be amended, supplemented, changed, modified or repealed when deemed necessary to best serve the public interest, health, comfort, convenience, safety and general welfare of the citizens of the City.

B. APPROVAL AUTHORITY. Amendments of this Ordinance; and amendments establishing or changing the zoning district applicable to property within the City through the amendment of the boundaries of a Zoning District (“Rezoning Ordinances”) and any amendments of any terms, conditions, stipulations or other type of requirements set forth in an ordinance amending the boundaries of a Zoning District (collectively referred to as “amendments” and individually referred to “amendment”) shall be decided by the City Council following receipt of recommendations from the Planning and Zoning Commission.

C. APPLICATION PROCESS. Applications for amendments shall be processed and reviewed in accordance with the procedures generally described below and more particularly described in the Administrative Process Manual and in this Ordinance, which procedures shall comply with the posting requirements, publication requirements and Citizen Review Process as required by law.

1. Applications for an amendment shall be filed with the Development Services Department on form(s) provided by the Development Services Department and shall include all of the information identified in the application form(s) and in the Administrative Process Manual and any other data that may be required by the Zoning Administrator needed for the review of the application.

2. Applications for an amendment shall be signed by the property owner(s) or an authorized agent of the property owner(s) and all applicable fees shall be paid when the application is submitted.

1. The Development Review Committee shall review the application submittal for an amendment of the boundaries of a Zoning District. Following the completion of the review by Development Review Committee and the Citizen Review Process specified in Section 1-3-8, the Zoning Administrator shall forward the application submittal with a recommendation for approval, approval with conditions or denial to the Planning and Zoning Commission for review at a public hearing for which due and proper notice has been provided in accordance with Section 1-3-9.

2. Requests for amendments shall be considered by the Planning and Zoning Commission at a public hearing for the purpose of making a written recommendation to City Council. Following a public hearing at which parties of interest and citizens have been heard, the Planning and Zoning Commission shall issue a recommendation to be forwarded to City Council recommending approval, approval with conditions or denial of the amendment and the reasons for such recommendations. Such recommendation may or may not be consistent with the Committee’s recommendations.

3. The Development Review Committee’s and Planning and Zoning Commission’s reviews and recommendations shall be guided by the following considerations:

a. consistency with the goals, objectives, policies and future land use map of City’s General Plan; consideration of current market factors, demographics, infrastructure, traffic, and environmental issues; and if conditions have changed significantly since the Plan was adopted;

b. suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district;

c. compatibility of all potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of such things as land suitability, environmental impacts, density, nature of use, traffic impacts, aesthetics, infrastructure, and potential impact on property values;

d. proposed zoning district’s consistency with other land uses within the immediate area and whether uses allowed under proposed zoning district would be better suited to the subject property than the uses allowed under current zoning;

e. demand for the types of uses permitted in the proposed zoning district in relation to amount of land currently zoned and available to accommodate the demand;

f. demands for public services that will be generated by the uses permitted in the proposed zoning district and requirements for meeting such demands in terms of public infrastructure and facilities and other capital equipment, such as water supplies, water treatment, storage, and distribution facilities, wastewater treatment, recharge and distribution facilities, streets, bridges, schools and emergency services facilities and equipment;

g. potential adverse fiscal impacts that will result from providing services to areas not in proximity to where existing public services are provided;

h. general public’s concerns;

i. whether the amendment promotes orderly growth and development; and

j. any other factors related to the impact of the amendment on the general health, safety and welfare of the citizens of the City and the general public.

4. Following the completion of the Planning and Zoning Commission’s review, the Zoning Administrator shall forward the application submittal and the Planning and Zoning Commission’s recommendation to the City Council for final review and decision.

a. The City Council may approve, approve with conditions, or deny the application for amendment. Such recommendation may or may not be consistent with the recommendations of the Planning and Zoning Commission. The City Council may decide the application for an amendment without a second public hearing if the City Council intends to adopt the recommendations of the Planning and Zoning Commission without change and there has been no written request for a public hearing by the applicant, by a person appearing in opposition to the amendment at the Planning and Zoning Commission or by any person who filed a written protest to the amendment in accordance with state law. If a public hearing is requested as provided herein, the City shall hold a public hearing before deciding the application for amendment. If the City Council does not intend to adopt the recommendations of the Planning and Zoning Commission without change, the City Council shall continue the matter until a public hearing can be scheduled before the City Council decides the matter.

b. Adoption of an amendment may be subject to such conditions as the City Council deems applicable to enforce this Ordinance. If one condition is a schedule for development of specific uses for which zoning is requested, and at expiration of that period the property has not been developed according to said schedule, it may be reverted to its former zoning classification by action of the City Council after conducting a public hearing for which public notice has been posted and published in accordance with the requirements of Arizona law.

c. If the owners of twenty (20) percent or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property file a protest in writing against a proposed amendment, the change shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the Council. If any members of the Council are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths (3/4) of the remaining membership of the Council, provided that such required number of votes shall not be less than a majority of the full membership of the Council. For the purposes of this subsection, the vote shall be rounded to the nearest whole number. A protest filed pursuant to this subsection shall be signed by the property owners opposing the proposed amendment and filed in the office of the City Clerk not later than 12:00 noon one (1) business day before the date on which the Council will vote on the proposed amendment.

d. For the purposes of Section 1-3-1-D-4-c above, “zoning area” means both of the following:

i. The area within one hundred fifty (150) feet, including all rights-of-way, of the affected property subject to the proposed amendment or change.

ii. The area of the proposed amendment or change.

5. If an application for amendment to amend the boundaries of a Zoning District or to amend any terms, conditions, stipulations or other type of requirements set forth in and ordinance amending the boundaries of a Zoning District is denied by the City Council, or the application is withdrawn after the Planning and Zoning Commission hearing, the Planning and Zoning Commission shall not consider an application for the same amendment within one (1) year from the date of the original hearing.

6. Commencing vertical construction in the rezoned area within two (2) years of City Council approval of a rezone request. Failure to commence shall be cause for the City Council to rescind the zoning, unless an extension of time is granted by the City Council.

1. The Development Review Committee shall review the application submittal for an amendment to this Ordinance. Following the completion of the review by Development Review Committee, the Zoning Administrator shall forward to the Planning and Zoning Commission the application submittal along with a recommendation to approve, to approve subject to modifications, or to deny the application for the Planning and Zoning Commission’s review at a public hearing for which due and proper notice has been provided in accordance with Section 1-3-9.

2. Requests for amendments to this Ordinance shall be considered by the Planning and Zoning Commission for the purpose of making a written recommendation to City Council. Following a public hearing, the Planning and Zoning Commission shall issue a recommendation to be forwarded to City Council recommending approval of the amendment as proposed, recommending approval of the amendment subject to modifications or recommending denial of the amendment. Such recommendation may or may not be consistent with the Committee’s recommendations.

3. The Development Review Committee’s and Planning and Zoning Commission’s reviews and recommendations shall be guided by the following considerations:

a. Documentation indicating inconsistencies in terms of the Ordinance or problems and/or conflicts in implementation of specific sections of the Ordinance that will be resolved by the amendment;

b. Whether amendment is needed to respond to changes in the law, statutory or case law;

c. Whether amendment is needed to address zoning and/or development issues or to improve processes for addressing such issues;

d. Whether amendment will to promote implementation of goals and objections of the City’s General Plan;

e. Any other factors related to the impact of the amendment on the general health, safety or welfare of the citizens of the City and the general public.

a. The City Council may decide the application for amendment without a second public hearing unless a public hearing is requested in writing by the applicant, by any person appearing in opposition to the amendment at the Planning and Zoning Commission or by any person who filed a written protest to the amendment in accordance with Arizona Law. If a public hearing is requested as provided herein, the City shall hold a public hearing before deciding the application for amendment.

b. Following and consideration of the application submittal and public hearing, if held, the City Council shall render a decision on the application for amendment and either approve, approve with modifications, or deny the application for amendment. Such action may or may not be consistent with the Planning & Zoning Commission’s recommendation.

1. An application for an amendment to amend the boundaries of a Zoning District or to amend or enforce of any terms, conditions, stipulations or other type of requirements set forth in an ordinance amending the boundaries of a Zoning District may be initiated by any of the following:

a. All of the owners of the subject property by application executed by all of the owners of the subject property and their respective spouses if any; or, an agent of all of the property owners authorized to sign on behalf of all of the property owners and their respective spouses, when the authority is in writing and filed with the application;

b. The Planning and Zoning Commission or City Council by its own motion at a public meeting; or,

c. Zoning Administrator for the purpose of rezoning property to bring such land into conformance with the General Plan; rezoning of City-owned property; or reversion of the zoning on any property which fails to comply with a condition of approval or schedule of development.

2. An application for an amendment to the text of this Ordinance may be initiated by any of the following:

a. The Planning and Zoning Commission or City Council by its own motion at public meeting; or,

b. The Zoning Administrator to promote implementation of goals and objections of the City’s General Plan; to respond to changes in the law, statutory or case law; to address zoning and/or development issues or processes; to address inconsistencies in terms of the Ordinance or problems and/or conflicts in implementation of specific sections of the Ordinance; or to implement new standards or practices that would benefit the community. (Am. Ord. 20-1470, passed 7-13-20)

§ 1-3-2 Use Permits.

A. Use Permits shall be obtained for those uses as specifically identified in this Ordinance as being allowed in the zoning district in which the subject property is located subject to a Use Permit. Applications for Use Permits are decided by City Council following receipt of recommendations from the Planning and Zoning Commission. Use Permits required hereunder may be approved or approved with conditions only upon a finding by City Council that the proposed development and/or use reflected in the application submittal for the Use Permit:

1. will not be materially detrimental to persons residing or working in the vicinity adjacent to the property, to the neighborhood, or to the public welfare; and

2. that the proposed use is reasonably compatible with uses permitted in the surrounding area.

The applicant bears the burden of demonstrating to the City Council’s satisfaction that the forgoing requirements have been met. In making this finding the City Council shall evaluate whether the application submittal addresses the concerns and potential problems associated with the use as identified in this Ordinance or whether the concerns and potential problems can be mitigated through the imposition of additional conditions, such as: imposing conditions to address potential impacts on surrounding properties that will result from noise, lighting, odors and/or placement of trash receptacles; imposing conditions that will insure adequate parking, ingress and egress so as not to increase traffic congestion; limiting the hours of operation; imposing requirements for enhanced landscaping, screening, and buffering measures that will preserve reasonable use and enjoyment of adjacent properties.

B. Applications for a Use Permit shall be processed and reviewed in accordance with the procedures generally described below and more particularly described in the Administrative Process Manual and in this Ordinance.

1. Applications for a Use Permit shall be filed with the Development Services Department on form(s) provided by the Development Services Department and all applicable fees shall be paid when the application is submitted.

a. The application shall include all of the information identified in the application form(s), the information identified in the Administrative Process Manual, the information set forth herein and specified elsewhere in this Ordinance; and any other data required by the Zoning Administrator that is needed for the review of the Use Permit application.

b. A conceptual Site Plan shall be provided and shall provide sufficient detail to demonstrate that the concerns and potential problems associated with the use as identified in this Ordinance either do not exist at this site and/or can be adequately addressed through mitigation efforts.

c. The application shall be signed by the property owner(s) or an authorized agent of the property owner(s).

2. The Zoning Administrator shall process such application and shall adhere to the posting and publication requirements specified in Section 1-3-9 and as required by Arizona law and shall comply with the Citizen Review Process provided in Section 1-3-8 of this Ordinance prior to the public hearing before the Planning and Zoning Commission.

a. The Development Review Committee shall review the application submittal. Following the completion of the Committee’s review, the Zoning Administrator shall forward the application submittal with a recommendation for approval, approval with conditions or denial to the Planning and Zoning Commission for review.

3. Requests for a Use Permit shall be considered by the Planning and Zoning Commission for the purpose of making a written recommendation to the City Council. Following a public hearing at which interested parties and citizens have been heard, the Planning and Zoning Commission shall issue a recommendation to be forwarded to the City Council, recommending approval, approval with conditions or denial of the Use Permit application and the reasons for such recommendations. Such recommendation may or may not be consistent with the recommendations of the Development Review Committee.

a. The City Council may approve, approve with conditions or deny the application for Use Permit. Such recommendation may or may not be consistent with the recommendations of the Planning and Zoning Commission.

b. The City Council may decide the application for Use Permit without holding a second public hearing if City Council intends to adopt the recommendations of the Planning and Zoning Commission without change and there has been no written request for a public hearing by the applicant, by any person appearing in opposition to the Use Permit application at the Planning and Zoning Commission, or by any person who filed a written protest to the Use Permit application in accordance with state law. If a public hearing is requested as provided herein, the City shall hold a public hearing before deciding the Use Permit application. If the City Council does not intend to adopt the Planning and Zoning Commission’s recommendation without change, the City Council shall continue the matter until a public hearing can be scheduled before City Council decides the matter. Notice of the date, time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Planning and Zoning Commission.

c. A Use Permit may be granted for a designated period of time with a stated date of expiration or it may be granted for an indefinite period of time.

C. The use authorized by the Use Permit shall be established within two (2) years of the date of the Use Permit was approved by the City Council, unless an extension is obtained as provided herein (“Establishment Period”). A Use Permit shall be considered established on the site upon commencement of the use, or commencement of construction pursuant to a valid building permit. If the use authorized by the Use Permit is not established within Establishment Period and extension for the establishment of the use is not obtained prior to the expiration of the Establishment Period, the Use Permit approval shall become null and void, in accordance with the following provisions:

1. Upon expiration of the Establishment Period (initial two (2) year period plus and any subsequently granted extension), the Zoning Administrator shall send a notice by certified mail to the property owner and holder of the Use Permit advising that the Use Permit has expired. If after thirty (30) days the property owner or holder of the permit does not request an extension and provide evidence that the Use Permit is still being pursued, the Zoning Administrator shall send a second notice by certified mail to the property owner or holder of the Use Permit declaring the Use Permit null and void. If an extension has been requested, the Zoning Administrator shall wait to send a final notice of expiration until the application for an extension has been decided. If the application for an extension is denied, the Zoning Administrator shall send a second notice by certified mail to the property owner holder of the Use Permit declaring the Use Permit null and void.

2. The Zoning Administrator may authorize a one (1) year extension upon a finding that the establishment of the Use Permit is actively being pursued; that special circumstances prevented the property owner or holder of the permit from obtaining a building permit and/or commencing construction; and that no significant changes have occurred either in City ordinances or the immediate area that might have altered the previous Use Permit approval.

§ 1-3-3 Variances.

A. Applications for a variance from the terms of this Ordinance will be processed and reviewed in accordance with the procedures generally described herein and more particularly described in the Administrative Process Manual and in this Ordinance, which procedures shall comply with the posting requirements, publication requirements as required by law. Applications for a variance shall be filed with the Zoning Administrator upon form(s) provided by the Development Services Department. Applications for a variance shall be signed by the property owner(s) or an authorized agent of the property owner(s) and all applicable fees shall be paid when the application is submitted. Applications for a Variance shall include all of the information and supporting documentation identified in the application, in this Ordinance and in the Administrative Process Manual. The application shall be accompanied by:

1. Plans and description sufficient to indicate the nature of the proposed development and specific terms of this Ordinance from relief is sought; and,

2. Sufficient documentation and other evidence that will allow the Board to find all of the requirements necessary for the granting a Variance, as set forth below, have been met; and,

3. Evidence satisfactory to the Board of the applicant’s ability and intention to proceed with actual construction within six (6) months of the issuance of a variance; and,

4. Any other data that may be required by the Zoning Administrator necessary for review of the application.

B. REQUIREMENTS. A Variance shall not make any changes in the Use and/or densities permitted in any zoning district. A variance from terms of this Ordinance shall not be granted unless the Board finds, upon sufficient evidence, all of the following:

1. existence of special circumstances or conditions applicable to the property, including its size, shape, topography, location or surroundings; and,

2. that such special circumstances were not created by the property owner or former owner of the property or any agent thereof; and,

3. the strict application of this Ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district; and,

4. the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood or to the public welfare in general; and,

5. the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located.

C. APPROVAL. The Board shall hold a public hearing for which due and proper notice has been provided in accordance with Section 1-3-9 and all interested persons shall be given the opportunity to be heard. The concurring vote of a simple majority of the Board shall be necessary to grant a variance. Any variance granted may be subject to such conditions deemed applicable by the Board. Variances shall be void if the subject property does not conform to all conditions, requirements, and standards prescribed by the Board as a condition for approval of the variance.

D. TIME LIMITATIONS. A variance shall expire twelve (12) months from the date the variance was granted unless either a building permit for the development for which the variance was granted has been obtained and construction commenced or an extension has been obtained prior to the expiration date. The Board may grant an single twelve (12) month extension if the applicant demonstrates that circumstances beyond the owner’s control prevented the owner from obtaining a building permit and/or commencing construction within twelve (12) months of the date the variance was granted and that there have been no changes in the City codes or ordinances (including changes in this Ordinance and the Engineering Standards) that would have affected any of the Board’s findings when it granted the variance as set forth above. (Am. Ord. 22-1551, passed 8-29-22)

§ 1-3-4 Special Use Permits.

A. Special Use Permits shall be obtained for those specific uses identified in Sections 4-1-2 and 4-1-3 of this Ordinance. Applications for a Special Use Permit shall be processed in the same manner as an application to amend the boundaries of a zoning district as set forth in Section 1-3-1 of this Ordinance and as supplemented herein. Applications for Special Use Permits are decided by the City Council following receipt of recommendations from the Planning and Zoning Commission. Special Use Permits may be approved or approved with conditions only upon a finding that the proposed development and/or use reflected in the application submittal for the Special Use Permit:

1. Will be desirable or necessary to the public convenience or welfare; and,

2. Will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites;

3. Is in conformance with the adopted General Plan and any adopted Area Plans; and,

4. Will not be detrimental to surrounding properties or persons in the area due to:

a. Impact on the circulation system of the adjacent neighborhood;

b. Excessive noise or light generated from within the site;

c. Excessive scale or height in relationship to surrounding properties;

d. Hours of operation;

e. Inadequate parcel size to provide adequate buffers or mitigation measures to surrounding properties;

f. Inconsistency with the development character or architecture of the adjacent properties.

The applicant bears the burden of demonstrating to the City Council’s satisfaction that the forgoing requirements have been met.

The Planning and Zoning Commission may recommend, and the City Council require, such conditions and restrictions, if necessary, upon the height and bulk and area of occupancy of any site approved for a Special Use Permit as may be reasonable under the particular circumstances to ensure compliance with this Ordinance.

B. Applications for a Special Use Permit shall be processed and reviewed in accordance with the procedures set forth in Section 1-3-1 of this Ordinance for processing an application to amend the boundaries of a Zoning District as supplemented herein.

1. Applications for a Special Use Permit shall be filed the Development Services Department on form(s) provided by the Development Services Department and all applicable fees shall be paid when the application is submitted.

a. The application shall include all of the information identified in the application form(s), the information identified in the Administrative Process Manual; the information set forth herein and specified elsewhere in this Ordinance including the information identified in Section 4-1-1 of this Ordinance; and any other data that may be required by the Zoning Administrator that is needed for the review of the Special Use Permit application.

b. The application shall be signed by property owner(s) or an authorized agent of the property owner(s).

2. The Zoning Administrator shall process such application and adhere to the posting and publication requirements specified in Section 1-3-9 and as required by Arizona law and shall comply with the Citizen Review Process provided in Section 1-3-8 of this Ordinance prior to the public hearing before the Planning and Zoning Commission.

3. Requests for a Special Use Permit shall be considered by the Planning and Zoning Commission for the purpose of making a written recommendation to City Council. Following a public hearing at which interested parties and citizens have been heard, the Planning and Zoning Commission shall issue a recommendation to be forwarded to the City Council, recommending approval, approval with conditions or denial of the Special Use Permit application and the reasons for such recommendations. Such recommendation may or may not be consistent with the recommendations of the Development Review Committee.

a. The City Council may approve, approve with conditions or deny the application for Special Use Permit. Such recommendation may or may not be consistent with the recommendations of the Planning and Zoning Commission.

b. The City Council may decide the application for Special Use Permit without holding a second public hearing if the City Council intends to adopt the recommendations of the Planning and Zoning Commission without change and there has been no written request for a public hearing by the applicant, by any person appearing in opposition to the Special Use Permit application at the Planning and Zoning Commission, or by any person who filed a written protest to the Special Use Permit application in accordance with state law. If a public hearing is requested as provided herein, the City shall hold a public hearing before deciding the Special Use Permit application. If the City Council does not intend to adopt the Planning and Zoning Commission’s recommendation without change, the City Council shall continue the matter until a public hearing can be scheduled before City Council decides the matter. Notice of the date, time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Planning and Zoning Commission.

c. A Special Use Permit may be granted for a designated period of time with a stated date of expiration or it may be granted for an indefinite period of time.

C. The use authorized by the Special Use Permit shall be established within two (2) years of the date the Special Use Permit was approved by the City Council, unless an extension is obtained as provided herein (“Establishment Period”). A Special Use Permit shall be considered established on the site upon commencement of the use, or commencement of construction pursuant to a valid building permit. If the use authorized by the Special Use Permit is not established within Establishment Period and an extension for the establishment of the use is not obtained prior to the expiration of the Establishment Period, the Special Use Permit approval shall become null and void, in accordance with the following provisions:

1. Upon expiration of the Establishment Period (initial two (2) year period plus and any subsequently granted extension), the Zoning Administrator shall send a notice by certified mail to the property owner and holder of the Special Use Permit advising that the Special Use Permit has expired. If after thirty (30) days the property owner or holder of the permit does not request an extension and provide evidence that the Special Use Permit is still being pursued, the Zoning Administrator shall send a second notice by certified mail to the property owner or holder of the Special Use Permit declaring the Special Use Permit null and void. If an extension has been requested, the Zoning Administrator shall wait to send a final notice of expiration until the application for an extension has been decided. If the application for an extension is denied, the Zoning Administrator shall send a second notice by certified mail to the property owner holder of the Special Use Permit declaring the Special Use Permit null and void.

2. The City Council may authorize a one (1) year extension upon a finding that the establishment of the Special Use Permit is actively being pursued; that special circumstances prevented the property owner or holder of the permit from obtaining a building permit and/or commencing construction; and that no significant changes have occurred either in City ordinances or the immediate area that would have altered the previous Special Use Permit approval.

D. If an application for a Special Use Permit is denied by the City Council, or the application is withdrawn after the Planning and Zoning Commission hearing, the Commission shall not consider an application for the same Special Use within one (1) year from the date of the original hearing.

§ 1-3-5 Site Plan Requirement and Review Process.

A. APPLICABILITY. Site Plan approval is required prior to development activities on property located in zoning districts for which site plan review is required as specified in this Ordinance. This includes, by way of example, but not limitation: all uses within commercial and industrial zoning districts; all uses in certain residential districts such as multi-family residential district; manufactured home subdivision district; mobile home/recreational vehicle district; and uses in residential districts that require a Use Permit. Site Plan review for single-family, two-family uses and model home complexes shall be done concurrently with an application for a building permit for such uses.

B. APPROVAL AUTHORITY. Except as otherwise expressly provided in this Ordinance or as otherwise required by City Council as a stipulation in a zoning amendment, the Zoning Administrator shall have the authority to approve, conditionally approve, or deny any application seeking approval of Site Plan or an amended Site Plan. Violation of any conditions imposed by the Zoning Administrator shall be considered a violation of this Ordinance, and shall render any permit null and void.

C. PURPOSE. The Site Plan review process promotes the health, safety and welfare of the citizens of the city and the general public by promoting safe, functional, attractive, harmonious, and compatible development within the city and insuring that structures, utilities, streets, parking, circulation systems, yards, and open spaces are developed in accordance with the goals and objectives of the City’s General Plan and the requirements of this Ordinance, City of Goodyear Code of Ordinances, the Engineering Standards, and any other applicable federal, state, and/or local laws, ordinances, codes, rules, regulations, policies, and guidelines.

D. CITY COUNCIL APPROVAL. Where Planning and Zoning Commission and/or City Council approval of a Site Plan is required, the recommendation of the Committee on the Site Plan shall be transmitted to the Planning and Zoning Commission and/or City Council by the Zoning Administrator. The Planning and Zoning Commission and/or City Council may approve, conditionally approve or deny the Site Plan.

E. APPLICATION PROCESS. Site Plan applications will be processed and reviewed in accordance with the procedures generally described herein and more particularly described in the Administrative Process Manual and Engineering Standards.

1. Applications for a Site Plan shall be filed with the Development Services Department on form(s) provided by the Development Services Department and shall include all of the information identified in the: application form(s), in the section of the Administrative Process Manual related to Site Plans; in the Engineering Standards, and any other data that may be required by the Zoning Administrator which is needed to insure compliance with applicable requirements.

2. Site Plan applications shall be signed by the property owner(s) or an authorized agent of the property owner(s) and all applicable fees shall be paid when the application is submitted.

F. REQUIREMENTS. A Site Plan and the development reflected therein shall be consistent with the goals and objectives of the City’s General Plan; shall comply with the specific requirements for the zoning district in which it is located; shall comply with all Zoning Conditions attached to the property; and shall comply with the requirements set forth in:

1. this Ordinance;

2. the Subdivision Regulations;

3. the Engineering Standards;

4. the Flood Prevention Regulations;

5. any applicable Development Agreement;

6. any applicable Development Master Plan; and,

7. all other applicable federal, state, and/or local laws, ordinances, codes, rules, regulations, policies and/or guidelines.

G. REVIEW. The Development Review Committee shall review the Site Plan for compliance with all applicable requirements. The review procedure is intended to be applied in a flexible manner to allow for creative designs, varying development concepts, locations and innovative response to applicable requirements. In the review, the Committee shall be guided by the following design review criteria and principles of development:

1. The proposed development complies with all provisions of this Ordinance and all other ordinances, master plans, general plans, goals, objectives and standards of the City of Goodyear.

2. The proposed development does not have any detrimental effect upon the general health, welfare, safety, and convenience of persons residing or working in the neighborhood, and shall not be detrimental or injurious to the neighborhood.

3. The proposed development promotes a desirable relationship of structures to one another, to open spaces, and to topography both on the site and in the surrounding neighborhood.

4. The height, location, materials, color, texture, area, setbacks, and mass of any structures, buildings, walls, signs, lighting, and landscaping is appropriate to the development, the neighborhood, and the community.

5. Ingress, egress, internal and external traffic circulation, off-street parking facilities, loading and service areas and pedestrian ways, are so designed as to promote safety and convenience and to be aesthetically pleasing.

6. The architectural character of the proposed structures is in harmony with, and compatible to, structures in the neighboring environment and the architectural character desired for the City; avoiding excessive variety or monotonous repetition.

7. Mechanical equipment, appurtenances and utility lines are concealed from view or are otherwise integral to the building and site design.

8. Street lights shall be installed along all perimeter streets and streets within the development in accord with City standards.

H. APPROVED SITE PLAN. Following the approval of the Site Plan, the applicant shall prepare and submit a Final Site Plan to the Zoning Administrator that conforms to the Site Plan approved and any conditions and/or terms of approval. Upon the Zoning Administrator’s determination that the Final Site Plan conforms to the approved Site Plan and the conditions and/or terms of approval, the Zoning Administrator shall certify the Final Site Plan and the certified Site Plan shall be included in the application for building permits for the site. Development activities shall substantially conform with the approved Site Plan and any conditions or restrictions attached thereto, and any substantial deviation from the approved Site Plan and any conditions or restrictions attached thereto is a violation of this Ordinance.

I. PERIOD OF APPROVAL. An approved Site Plan shall expire (1) year from the date of approval unless either a building permit for the development reflected in the Site Plan has been obtained and construction commenced or an extension has been obtained prior to the expiration date. A single one (1) year extension may be granted if the applicant demonstrates that circumstances beyond the owner’s control prevented the owner from obtaining a building permit and/or commencing construction within one (1) year of the date the Site Plan was approved and that no changes in City codes or ordinances (including changes in this Ordinance and the Engineering Standards) that would have significantly altered the requirements for the prior Site Plan approval. Requests for extensions hereunder shall be approved by the authority that approved the Site Plan for which the extension is being sought. Upon expiration of the Site Plan or any extension thereto, the property owner will be required to file a new application for Site Plan approval before undertaking any development activities on the site.

1. An applicant may appeal the decision of the Zoning Administrator on any Site Plan application to the Planning and Zoning Commission. The appeal, along with any required processing fee, shall be filed in writing to the Development Services Department Director within fifteen (15) working days of the date of the decision is issued in writing. The appeal shall give reasons for the appeal and the relief requested.

2. The Appeal will be processed pursuant to the procedures set forth in the City of Goodyear Administrative Process Manual adopted by the City Council.

3. The Planning and Zoning Commission may approve, approve with modifications, conditionally approve, or deny the appeal. The decision of the Planning and Zoning Commission shall be in writing and shall be binding, unless such decision is appealed to the City Council.

4. The applicant may appeal the decision of the Planning and Zoning Commission to the City Council. The appeal, along with any required processing fee, shall be filed in writing with the City Clerk within fifteen (15) working days from the date of the decision by the Planning and Zoning Commission. The appeal shall provide reasons for the appeal and the relief requested.

5. The Appeal will be processed pursuant to the procedures set forth in the City of Goodyear Administrative Process Manual adopted by the City Council.

6. The City Council may approve, approve with modifications, conditionally approve, or deny the appeal. The decision of the City Council shall be in writing and shall be final.

7. Persons with standing who are aggrieved by a decision of the City Council hereunder may, within thirty (30) days after the Council rendered its decision, file a complaint for special action in the superior court of Maricopa County to review the Council’s decision.

§ 1-3-6 Building Permits and Certificates of Occupancy.

Neither building permits nor certificates of occupancy may be issued until the use of building(s) and land conform with this Ordinance and all other applicable codes and ordinances, including conditions of approval for any Ordinance amending the zoning district of the subject property and conditions of approval for any permit or authorization approved pursuant to the requirements of this Ordinance or the Subdivision Regulations. No building or construction permits shall be issued without having first obtained approval of a site plan review application and design review application in conformance with this Ordinance.

§ 1-3-7 Zoning Permits.

A. Zoning Permits may be granted only when expressly permitted by this Ordinance. Approval of a Zoning Permit must be based on a finding that the Zoning Permit:

1. will not be materially detrimental to persons residing or working on the subject property or within the vicinity of the property, to the neighborhood, or to the public welfare; and,

2. that the proposed use is reasonably compatible with uses permitted in the surrounding area.

B. Applications for Zoning Permits shall be processed and reviewed in the accordance with the procedures generally described below and more particularly described in the Administrative Process Manual, in this Ordinance and in the Engineering Standards if applicable.

C. Applications shall be filed with the Development Services Department on form(s) provided by the Development Services Department and all applicable fees shall be paid when the application is submitted.

1. The shall include all of the information identified in the application form(s); the information identified in the Administrative Process Manual; the information identified in Engineering Standards if applicable; and any other relevant data required by the Zoning Administrator that is needed for the review of the Zoning Permit Application. The application shall be signed by the property owner(s) or an authorized agent of the property owner(s).

2. The Zoning Administrator shall review the application submittal, and may impose specific conditions or requirements as a condition of approval related to the property or operation of the requested Zoning Permit use.

§ 1-3-8 Citizen Review Process.

A. Prior to any public hearing, as required under Article 1 of this Zoning Ordinance, on any application for any zoning ordinance that changes any property from one zoning district to another, including those for Preliminary PAD district and Final PAD district approval; for a Use Permit; and for a Special Use Permit application that imposes any regulation not previously imposed, or that removes or modifies any such regulation previously imposed, the Zoning Administrator shall require the applicant to conduct a neighborhood meeting or an acceptable alternative prior to a public hearing to consider the proposal. A written notice of the application shall be sent by first class mail to the owners of all properties within five hundred (500) feet of the property that is subject to a rezoning, Use Permit or Special Use Permit application and to such other persons as the Zoning Administrator reasonably determines to be potentially affected citizens. In determining the number of potentially affected citizens, the Zoning Administrator shall review the density and intensity of residential development in the general vicinity, the existing street system, and other factors that may be related to the impact of the proposed zoning amendment, Use Permit, or Special Use Permit on the character of the neighborhood.

B. The written notice shall also include a general explanation of the substance of the proposed zoning amendment, Use Permit or Special Use Permit application and shall state the date, time and place scheduled for a neighborhood meeting, at which any adjacent landowner(s) or those other potentially affected citizens, will be provided a reasonable opportunity to express any issues or concerns that the landowner or citizen may have with the proposed zoning amendment, Use Permit or Special Use Permit application before any public hearing required by this Ordinance is held.

C. The written notice shall be given at least fifteen (15) days before the neighborhood meeting in one or more of the following manners:

1. The notice shall be published once in a newspaper of general circulation published or circulated in the City of Goodyear; or,

2. The notice shall be posted upon the sign required in Article 1, unless waived by the Zoning Administrator; or,

3. The notice shall be mailed in accordance with the procedures required elsewhere in Article 1.

D. The Zoning Administrator, upon consultation with the applicant, shall establish a time, date and place for the neighborhood meeting that provides a reasonable opportunity for the applicant, adjacent landowners and those other potentially affected citizens to discuss and express their respective views concerning the application and any issues or concerns that they may have with the proposed zoning amendment, Use Permit or Special Use Permit application. The Zoning Administrator shall attend the meeting, but is not required to conduct the meeting. The Zoning Administrator shall report the results of the neighborhood meeting to the Planning and Zoning Commission and Mayor and City Council when such body considers taking action on the application.

E. At the discretion of the Zoning Administrator, an alternative citizen review process may be used that does not involve a neighborhood meeting. The alternative process shall consist, at a minimum, of the following:

1. The written notice described in Section 1-3-8, except that the notice shall only indicate the name, address and phone number of the member of the planning staff whom adjacent landowners within five hundred (500) feet, or other potentially affected citizen, may contact to express any issues or concerns that the landowner or citizen may have with the proposed zoning amendment, Use Permit or Special Use Permit applications.

2. A staff report summarizing any issues or concerns expressed by adjacent landowners shall be presented to the Planning and Zoning Commission and Mayor and Council when such body considers taking action on the application.

§ 1-3-9 Public Hearings.

A. GENERAL PROVISIONS. Applications for amendments, including those for Preliminary PAD district and Final PAD district approval, Special Use Permits, and Use Permits shall require a public hearing before the Planning and Zoning Commission. Prior to the public hearing before the Commission, the application shall adhere to the citizen review process set forth in this Ordinance.

B. NOTICE OF PUBLIC HEARING. Notification of a public hearing shall comply with State Statutes governing public hearings and this Ordinance:

1. At least fifteen (15) days prior to the scheduled public hearing, a notice of the public hearing shall be posted on the subject property; published in a newspaper of general circulation in the City; and provided by first class mail to all property owners within five hundred (500) feet of the subject properties.

2. Notice shall include, where applicable, the location and general explanation of the proposed action, a general description of the affected area, and the date, time and location of the scheduled public hearing. If the matter to be considered applies to territory in a high noise or accident potential zone as defined in ARS Section 28-8461, the notice shall also include a general statement that the matter applies to property located in the high noise or accident potential zone.

3. When the proposed amendment involves land that abuts other municipalities or unincorporated areas of Maricopa County or a combination thereof, notice of the public hearing shall be sent to the planning agency of the adjacent governmental unit.

4. When the proposed amendment involves land that is located within the territory in the vicinity of a military airport or ancillary military facility as defined in ARS Section 28-8461, notice of the public hearing shall be sent to the military airport.

5. Failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the action for which the notice was given.

6. Amendments to the text of this Ordinance, which are of a general nature and are not directed at a specific real property, shall require a notice to be published once in a newspaper of general circulation in the City at least fifteen (15) days prior to the scheduled public hearing.

§ 1-3-10 Applications and Fees.

1. All Land Use and Development Applications Required Under the Zoning Ordinance shall be filed in the office of the Zoning Administrator on forms provided by the Development Services Department. Applications shall include: the information identified on the application form(s); the information identified in the Administrative Process Manual and Engineering Standards, if applicable; the information set forth herein and specified elsewhere in this Ordinance; and any other data required by the Zoning Administrator that is needed for the review of the application.

2. Applications will be processed and reviewed by the Zoning Administrator in a manner that is consistent with the procedures generally described in this Ordinance and as more particularly described in the Administrative Process Manual and Engineering Standards, if applicable.

3. Except as otherwise expressly provided in the Administrative Process Manual, all applications referred to herein shall be executed by all of the owners of the subject property and their respective spouses, if any, or an agent of all of the property owners authorized to sign on behalf of all of the property owners and their respective spouses when such authorization is in writing and filed with the application. An application must be made by the property owner or authorized agent, unless otherwise specified in this Ordinance.

4. All applications shall be actively pursued to a decision. If a complete and full submittal of all documents and information requested in the staff written review comments has not occurred within 180 calendar days from the date on staff’s written review comments, the application will be deemed inactive and shall expire. The applicant may file a request for an extension. Any and all requests for an extension shall be made in writing and received prior to the expiration date. The Zoning Administrator may authorize, in writing, No more than one extension of one hundred and eighty days for good cause if there is a reasonable belief that the application will be actively pursued during the extension period. This provision applies to all land use and development applications required under the Zoning Ordinance.

1. Fees for all matters pertinent to the administration of this Ordinance will be set from time to time by Resolution of the City Council.

2. All application fees shall be paid when the application is submitted. Application fees shall not be refundable.

§ 1-4-1 Establishment and Purpose of Design Guidelines Manual.

The Mayor and City Council hereby authorize the establishment of a Design Guidelines Manual that is intended to provide design criteria for site layout, building elevations, landscape plans, and parking arrangement in order to enhance the overall quality of design of Goodyear’s built environment. Basic concepts that will aid in assessing a design proposal are outlined within the Guidelines. The Guidelines are not intended to restrict creativity, variety, innovation or imagination, but rather to assist the designer in achieving a quality design which will enhance the proposed development and the City, and be compatible with adjacent land uses. Development applications will be reviewed by the Development Review Committee and the Development Services Department in accordance with the City Council adopted Design Guidelines Manual, and all other applicable requirements of this Ordinance, as amended from time to time.

§ 1-4-2 Administration of Manual.

1. Design review shall consider the design of a project in relation to its urban context, and shall focus on the application of the City of Goodyear Design Guidelines Manual referred to in this Ordinance and formally adopted by the City Council, as amended from time to time.

2. The Development Review Committee shall use the Design Guidelines Manual adopted by the City Council as its official policy in the design review process.

B. CONSISTENCY. All applications for Design Review approval required under these Guidelines and the review of such applications shall be consistent with the requirements of this Ordinance and the Goodyear City Code, as amended from time to time (the “Guidelines”).

C. APPLICABLITY. The requirements of the Guidelines apply to the development identified below, and Design Review approval is required prior to undertaking such development.

1. NEW DEVELOPMENT. Except as otherwise expressly provided by ordinance(s) adopted by City Council, all new residential and non-residential development shall comply with the standards and requirements as set forth in the Guidelines and this Ordinance.

2. ADDITIONS, ALTERATIONS AND RESTORATION OF NON-RESIDENTIAL BUILDINGS. Building additions, alterations and/or restorations that meet one of the following criteria listed below shall comply with the standards and requirements set forth in the Guidelines and this Ordinance.

a. Additions or alterations to existing non-residential buildings and/or to individual suites/stores that will increase gross floor area of the building and/or individual suite/store by more than one thousand (1,000) square feet of gross floor area of the building and/or individual suite/store.

b. Any alterations to the exterior façade of an existing non-residential building and/or to an individual suite/store, including changes in the color or materials of the façade. Changes to a sign cabinet or panel shall not constitute alterations under these provisions.

c. Any non-residential building that is destroyed to the extent of more than fifty (50) percent of the assessed value.

3. ADDITIONS, ALTERATIONS AND RESTORATIONS OF RESIDENTIAL AND ACCESSORY STRUCTURES. Building additions, alterations, and/or restorations that meet one of the following criteria listed below shall comply with the standards and requirements set forth in the Guidelines and this Ordinance.

a. Additions of detached accessory buildings in excess of one hundred twenty (120) square feet shall comply with the standards and requirements set forth in the Guidelines and this Ordinance and shall be designed to be compatible with the existing residential dwelling in terms of building materials, including roof materials, and colors.

b. Additions or alterations to existing residential buildings that will increase the gross floor area of the building by more than one hundred (100) square feet.

c. Any residential building that is destroyed to the extent of more than fifty (50) percent of the assessed value.

4. NON-CONFORMING USES. All non-conforming uses and buildings shall be subject to Article 4-3 of this Ordinance. If under those provisions a nonconforming building or use is altered or restored, said building or use shall be subject to review and approval by the Zoning Administrator for conformance with all applicable Design Guidelines.

5. OTHER REGULATIONS. Compliance with additional codes and/or regulations as adopted by the Goodyear City Council shall be adhered to, and where differences occur, the more restrictive requirement shall prevail. Where any inconsistency exists between additional codes and/or regulations, the Zoning Administrator shall make a determination on their applicability.

6. EXISTING AND APPROVED DESIGN GUIDELINES. In cases where separate Design Guidelines have been approved by the City Council in conjunction with a Planned Area Development or other zoning application, those guidelines shall govern except to the extent that the specific P.A.D. or zoning guidelines have not addressed issues within the Council adopted Design Guidelines Manual.

1. Applications for Design Review approval shall be processed and reviewed in accordance with the procedures generally described herein and more fully described in the Administrative Process Manual and in the Guidelines.

a. Prior to submitting an application for Design Review Approval, the applicant shall attend a pre-application conference with a representative of the Development Services Department.

b. Applications for Design Review approval shall be filed with the Development Services Department on form(s) provided by the Development Services Department and shall include all of the information identified in the application form(s), in the Administrative Process Manual, in the Guidelines, and any other data that may be required by the Zoning Administrator that is needed for review of the application.

c. Applications shall be signed by the property owner(s) or an authorized agent of the property owner(s) and all applicable fees shall be paid when applications are submitted.

2. The Development Review Committee shall review the application submittal for compliance with applicable Guidelines and this Ordinance and, following the completion of the Committee’s review, the Zoning Administrator shall approve, approve with conditions or deny the Design Review application. In the event of a denial, no development activities shall be authorized until a new application for Design Review approval has been submitted and approved.

3. The approval date of the Design Review approval shall be the date on which the application was approved by the Zoning Administrator. Design Review approvals are tied to other development approvals, which will be identified in the notification of Design Review approval; and the Design Review approval expires if such related development approval expires.

1. Development shall conform to the development and design reflected in the Design Review application submittal as approved by the Zoning Administrator as a condition for receiving a Certificate of Occupancy. To insure such conformance, City staff may conduct site inspections during the construction and upon completion of the construction.

a. If in the opinion of the Zoning Administrator development within a subdivision or other residential development project does not conform to the development and design reflected in the Design Review Application submittal as approved by the Zoning Administrator, the Zoning Administrator shall be entitled to have a hold placed on the release of future building permits until the lack of conformance has been remedied.

b. If in the opinion of the Zoning Administrator the completed construction of improvements does not conform to the development and design reflected in the Design Review Application submittal as approved by the Zoning Administrator, the Zoning Administrator shall be entitled to have a hold placed on the release of a Certificate of Occupancy until the lack of conformance has been remedied.

2. NON-COMPLIANCE. The failure to comply with the requirements of the Guidelines, or the terms of a design review approval, shall constitute a violation of this Ordinance.

§ 1-4-4 Appeal Process.

A. Any recommendation or requirement imposed by the Zoning Administrator on any design review application may be appealed to the Planning and Zoning Commission by the applicant. The appeal shall be filed in writing to the Development Services Department Director within fifteen (15) working days of the date that the decision of the Zoning Administrator is transmitted to the applicant. The appeal shall give reasons for the appeal and the relief requested. The Appeal will be processed pursuant to the procedures set forth in the City of Goodyear Administrative Process Manual. The Planning and Zoning Commission may approve, approve with modifications, conditionally approve, or deny the appeal. All decisions of the Planning and Zoning Commission shall be in writing and shall be binding, unless such decision is appealed to the City Council.

B. Any decision made by the Planning and Zoning Commission may be appealed to the City Council by the applicant. The appeal, along with the required processing fee, shall be filed in writing with the City Clerk within fifteen (15) working days from the date of the decision by the Planning and Zoning Commission. The appeal shall provide reasons for the appeal and the relief requested. The Appeal will be processed pursuant to the procedures set forth in the City of Goodyear Administrative Process Manual. The City Council may approve, approve with modifications, conditionally approve, or deny the appeal. The decision of the City Council shall be in writing and shall be final. Appeals from a City Council decision shall be heard by an Arizona court of competent jurisdiction.

§ 1-5-1 Establishment and Purpose of the City Center Gateway Streetscape Plan Manual.

The Mayor and City Council hereby authorize the establishment of a City Center Gateway Streetscape Plan Manual that is intended to provide property owners, developers and designers with a landscape design standard to follow within the right-of-way and in the street side landscape setback area of sites within the Gateway corridor as defined in Section 1-5-2-B. Development applications will be reviewed by the Development Review Committee and the Development Services Department in accordance with the City Council adopted City Center Gateway Streetscape Plan Manual, and any additional requirements of this Ordinance.

§ 1-5-2 Administration of Streetscape Plan manual.

1. All development within the area defined herein below shall be subject to the standards in the City Center Gateway Streetscape Plan Manual referred to in this Ordinance and formally adopted by the City Council and as amended from time to time.

2. The Development Review Committee shall use the City Center Gateway Streetscape Plan Manual adopted by the City Council as its official policy in the landscape design review process.

1. All development on property located entirely or partially within six hundred sixty (660) feet east and west of the centerline of Estrella Parkway, with the centerline of McDowell Road forming the northern boundary and the north line of Maricopa County Route 85 (MC85) forming the southern boundary, less and except that portion of Estrella Parkway between the northernmost centerline of Goodyear Boulevard and southernmost centerline of Goodyear Boulevard, shall comply with the provisions of this Streetscape Plan.

2. If any regulations in this Streetscape Plan are in conflict with requirements of the underlying zoning districts, the regulations in this Streetscape Plan shall prevail.

1. All applications for Site Plan and Landscape Plan approval on property that is subject to the provisions of this Streetscape Plan shall demonstrate compliance with the standards, policies and guidelines of the Streetscape Plan in the design of the project.

2. All applications for Site Plan and Landscape Plan Review shall be processed and reviewed in accordance with the procedures for Site Plan and Landscape Plan approval described elsewhere in this Ordinance.

1. For the purpose of determining compliance, the City of Goodyear Development Services Department will monitor the construction of each project approved through the Site and Landscape Plan Review processes for conformance with the approved development application(s). The Development Services Department may withhold the release of a Certificate of Occupancy if, in the opinion of the Development Services Department Director, the construction does not conform to the standards set forth in the approved application.

2. NON-COMPLIANCE. Failure to comply with the Streetscape Plan as shown on an approved Site or Landscape Plan application shall constitute a violation of this Ordinance.