1-4-2 Administration of Manual | Goodyear Zoning Ordinance

§ 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.