### Diane Arnst From: Sent: To: Subject: Mario.Saldarnando@goodyearaz.gov Monday, April 28, 2008 3:26 PM Diane Arnst RE: Request for Adopted Municipal Ordinances 

### - City of Goodyear

It is 30 days.

Mario Saldamando, Management Assistant City of Goodyear, City Manager's Office P.O. Box 5100, Goodyear, AZ 85338 Phone: 623.882.7066; Fax: 623.932.6519; Mobile: 623.693.1097

"Diane Arnst" <Arnst.Diane@azde q.gov> T o <Mario.Saldamando@goodyearaz.gov> 04/28/2008 02:16 c c PM Subject RE: Request for Adopted Municipal Ordinances 

### - City of Goodyear

I have received your e-mail with the attachments. Where it says "shall become effective as prescribed by law," is the effective date 60 days later? Diane L. Arnst, Attorney at Law Arizona Department of Environmental Quality Air Quality Division Planning Section Manager 1110 West Washington Street Phoenix, AZ 85007 (602) 771-2375 -----Original Message----- From: Mario.Saldamando@goodyearaz.gov [mailto:Mario.Saldamando@goodyearaz.gov] Sent: Monday, April 28, 2008 12:23 PM To: Diane Arnst Cc: John.Fischbach@goodyearaz.gov; Denise.OBrien@goodyearaz.gov; Jim.Nichols@goodyearaz.gov Subject: Request for Adopted Municipal Ordinances - City of Goodyear

Dear Ms. Arnst: As follow up to our conversation this morning, I am emailing you copies of the City's ordinances as requested in the attached correspondence from DEQ. Please let me know if you have any questions or would like additional information. Sincerely, 1(see attached file: Ltr04-16-08 .pdf) (See attached file: Ord06-981 .pdf) (See attached file: Ord08-1107.pdf)(See attached file: Ord08-1108.pdf)
Mario Saldamando, Management Assistant City of Goodyear, City Manager's Office P.O. Box 5100, Goodyear, AZ 85338 Phone: 623.882.7066; Fax: 623.932.6519; Mobile: 623.693.1097

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### ORDINANCE 2006-981 AN 

### ORDINANCE OF THE MAYOR AND COUNCIL OF 

### THE CITY OF 

### GOODYEAR, MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 11 OF 

### THE GOODYEAR CITY 

### CODE A.DDING SECTTON 

### 11-1-24 PROHlBTI'ING 

### THE OPERATION OF VEHICLES ON PRlVATE AND/OR PUBLIC PROPERTY NOT 

### HELD OPEN TO 

### THE PUBLIC FOR 

### VEHICLE 

### USE; PROVIDING FOR PENALTIES; PROVIDING FOR SEPARABILITY;

### AND DECLARTNG AN EMERGENCY. 

### WHEREAS, the use 

### of the bed 

### of the Gila 

### River 

### has resulted in 

### dust 

### clouds that have 

### adversely afTected 

### the health and safety 

### of the residents of Goodyear as 

### well as 

### those travelingthrough 

### the City; 

### WHEREAS, the 

### City, pucsuaat 

### to Maricopa County 

### Air Policy Control Regulations Rule 

### 310.01, is required 

### to control 

### ''fugitive 

### dust" caused 

### by 

### the 

### use of motorized vehicles on undeveloped property owned by the City; WHEREAS, 

### the Mayor and Council of the 

### City 

### of Goodyear, 

### believe that it is in the best interest 

### ofthe City

### to amend 

### Chapter I1 

### of the Goodyear City Code to prohibit the operation of vehicles on private 

### and/or public property not held open to the 

### public 

### for vehicle use 

### absent

### writtenpermission

### hm the

### property 

### owner and 

### making the 

### violation of 

### this provision subject to prosecution and 

### the imposition ofpenalties; 

### NOW, THEREFORE, 

## BE IT ORDAINED 

### by the 

### Mayor and Council of the City of Goodyear, Maricopa County, Arizona 

### as follows: SECTIONI: 

### AMENDMENT OF 

### CHAPTER 11 

### OF THE GOODYEAR 

### CITY CODE. Chapter 

### 1 1 ofthe Goodyear City Codeis 

### mended 

### by addingthe following

### new offense,
See. 11-1-24 

### Operation

### ofVehicles 

### on Public and Private 

### Property. A. It is 

### dad for anyperson to operateor drive 

### anymotor vehicle, 

### motorcycle,

### minibike, 

### dune buggy, all terrain 

### vehicle 

### (ATV), motor scooter, or other form 

### oftransportation propelledby 

### an internal combustionengine

### onprivate andlorpublic

### property 

### that is not held 

### open to 

### the public for vehicleuse without the prior 

### writtenpermission 

### ofthe owner of

### the property, 

### theperson 

### entitled 

### to the 

### immediate

### possession ofthe property, or the 

### authorized agent of either. 

### Theproperty 

### owner, person 

### entitledto 

### immediatepossession ofthe property, or invitee 

### who has writtenpermissionmay opaate 

### suchvehicles if 

### such 

### we does not violate any other applicablelaws. 

### B. Theprior

### written permission 

### required under this section shall: 1. 

### Contain 

### the name,

### address, and 

### telephone 

### numbex of theperson granting 

### permission for the 

### use of the property;2. 

### Describe

### the interest the

### person grantingpermission has in 

### the property (i.e. property owner, lessee, agent 

### etc); 3. If the 

### person 

### granting permission 

### is not 

### the ownerof the 

### property, 

### the written pemission 

### shall also 

### contain the name, address, 

### and telephone

### number ofthe 

### property owner; 4. Specify

### the period oftime 

### fbrwhich permission for the use 

### of 

### theproperty is 

### being granted; 

### and 5. 

### Be signed 

### by theperson grantingpamission for the use of

### the property. C. 

### Whenever any

### person is stoppedby 

### a Police Officer 

### of the City for a violation of subsection (A) 

### ofthis section, 

### helshe shall,

### upon the

### request ofthe 

### Police Officer

### display the 

### writtenpermission required in this 

### section. 

### D. A 

### violation of this section 

### is subject 

### to the penalties 

### set forth in GoodyearCity Code § 1 

# - 1-8.



### SECTION 

### II: PROVLDINO FOR SEPARABILITY If 

### any section, subdivision, sentence, clause, phrase or 

### portion of this 

### Ordinance is 

### for any

reason held invalid 

### or unconstitutional by any court of competentjurisdiction, such portion 

### shall be deemed 

### a separate, 

### distinct, and 

### independent provision and 

### such holding shall not affect the 

### validity

### ofthe remaining

### provisions ofthe ordinance or parts 

### thereof

SECTION 111: 

### DECLARINGAN 

### EMERGENCY The 

### immediate approval of 

### this Ordinance is 

### necessary for 

### the preservation of 

### the public 

### health and 

### welfare; 

### an emergency 

### is hereby 

### declared 

### to exist; 

### this Ordinance shall be 

### in full force and effect 

### fmrn and 

### after its 

### passage 

### and approval by 

### the Mayor and Council 

### of the City of Goodyear asrequiredby 

### law.

### PASSED AND 

### ADOPTED by the Mayor 

### and Council 

### of the City 

### of Goodyear, Maricopa 

### County,Arizona 

### this / 

### 3 day 

### of 

## hr- + ,2006.

APPROVED AS 

### TO FORM:

City Attorney

### CERTIFICATION OF RECORDING OFFICER STATEOF ARIZONA 

### 1 ) SS. County ofMaricopa 

### 1 I, the 

### undersigned Dee Cockrum, being 

### the duly appointed, 

### qualified 

### City Clerk of the City 

### of Goodyear, 

### Arizona, 

### certify that 

### the foregoing 

### Ordinance 2006-981, passed 

### and adopted at a 

### City Council eeting 

### ofthe 

### Council of the 

### City of Goodyear, 

### Maricopa County, 

### Arizona 

# YA held on the i 

### 3 day 

### of 

## /%hy7 ,2006, at 

### which a 

### quonun was 

### pmmt and, 

### by 

### a 

### 7-0 vote, voted 

### in 

### favorofscud ordinance. 

### Givenunder

### my hand 

### and seal, 

### this Udayof P~Y 

### 2006.

### ORDINANCE 2006-981 AN 

### ORDINANCE OF THE MAYOR 

### AND COUNCIL OF 

### THE CITY OF GOODYEAR, MARICOPA COUNTY, ARIZONA, 

### AMENDING CHAPTER 11 

### OF 

### THE GOODYEAR CITY CODE 

### ADDING SECTTON 11-1-24 

### PROHLBITJNG THE OPERATION OF VEHICLES ON PRIVATE AND/OR PUBLIC PROPERTY NOT 

### HELD OPEN TO 

### THE PUBLIC FOR 

### VEHICLE 

### USE; PROVIDING FOR PENALTIES; PROVIDING FOR SEPARABILIWAND DECLARING

### AN 

### EMERGENCY. 

### WHEREAS, the 

### use 

### of the bed 

### of the 

### Gila River has 

### resulted in 

### dust clouds that have advmely affected 

### the health 

### and safety of the 

### residents of Goodyear as 

### well as 

### those travelingthrough 

### the 

### City, WHEREAS, 

### the 

### City, pursuant to Maricopa County Air 

### Policy Con&ol Regulations Rule 

### 310.01, is 

### required to control "gitive 

### dust" 

### caused by 

### the 

### use of motorized vehicles on undevelopedproperty owned 

### by the City; 

### WHEREAS,the 

### Mayor 

### and Council 

### of 

### the City 

### of Goodyearybelieve that it is in the 

### best interest ofthe Cityto 

### amend Chapter I1 

### of the 

### Goodyear 

### City Code to 

### prohibitthe operation of vehicles on private 

### Worpublic property not held open 

### to the public for vehicle use absent

### written permission 

### fkom theproperty 

### owner 

### andmaking the 

### violation ofthis provision subject 

### to prosecution and the 

### imposition ofpenalties; 

### NOW, l"HJXEFORE, 

### BE 

### lT ORDAINED 

### by the 

### Mayor 

### and Council of the 

### City of Goodycar, Maricopa Countyy Arizona asfollows: SECTIONI: 

### AMENDMENT OF CHAPTER 11 

### OF 

### THE WODYEAR 

### CITY CODE. Chapter 11 

### ofthe 

### GoodyearCity Codeis 

### amendedby adding the 

### following

### new offense,
Sec. 11-1-24 

### Operation ofVehicles 

### on Public and Private 

### Property. A. 

### It isdad for any person to operate or drive my

### motor vehicle, motorcycle, minibike, 

### dune buggy, all terrain

### vehicle (ATV), motor scooter, or other form oftransportation propelled 

### by 

### an internal combustion engine on private andorpublicproperty that 

### is not held open to 

### the public 

### forvehicle

### use without the

### prior written permission 

### ofthe 

### ownerofthe property, 

### the person 

### entitled to the

### immediate possession ofthe property, or the 

### authorized agent 

### of either. 

### Theproperty owner, pason entitled

### to immediatepossession ofthe property, or invitee

### who has written 

### permission

### may operate such

### vehicles if such

### use does not violate 

### any other applicable

### laws. 

# . B

# . Theprior

### written permission requiredunder 

### this section 

### shall: 1. 

### Contain

### the name, 

### address, and telephone 

### number ofthe

### person granting permission forthe use of the 

### property;2. 

### Describethe interest 

### theperson granting

### permission

### has in 

### the property 

### (i.e. property 

### owner,lessee, agent etc); 3. If

### the person 

### grantingpermission is 

### notthe 

### owner ofthe 

### property, 

### the written 

### permission 

### shall also 

### contain the mme, 

### address, 

### andtelephone 

### number ofthe property 

### owner; 4. 

### Specify the period 

### of

### timeforwhich pennission for the

### use of 

### the propertyis being granted; 

### and 5. Be signed bytheperson granting

### pennission for 

### the use

### of

### the property. 

### C. Whenever anyperson 

### is stoppedby a 

### PoliceOfficer

### ofthe City 

### for a violation 

### of subsection 

### (A) of

### this section, 

### helshe shall,uponthe 

### request 

### ofthe 

### Police

### Officer display the written

### permissionrequired 

### in this section. 

### D. A 

### violation ofthis section

### is subject to 

### the penalties set 

### forth 

### in GoodyearCity 

### Code 

### 8 1- 1-8.



### SECTION 11: 

### PROVIDING FOR SEPARABILITY If any section, subdivision, sentence, clause, phrase or portion of 

### this Ordinance is for 

### any reason held invalid or unconstitutional by any court 

### of competent

### jurisdiction, 

### such portion shall 

### be deemed 

### a separate, distinct, 

### and independent provision 

### and 

### such holding shall 

### not affect the 

### validity 

### ofthe remaining provisions 

### ofthe 

### ordinanceor parts 

### thereof,

SECTION 111: 

### DECLARING AN 

### EMERGENCY The immediate 

### approval of 

### this OHtinance 

### is 

### necessary for 

### the preservation 

### of 

### the public 

### health and 

### welfare; 

### an emergency is

### hereby 

### declared to exist; 

### this 

### Ordinance shall 

### be 

### in full 

### force 

### and effect 

### from and after its passage 

### and approval 

### by 

### the 

### Mayor and Council of the City 

### ofGoodyearas requiredby 

### law.PASSED AND 

### ADOPTED by the 

### of Goodyear,Marimpa 

### County,Arizona this 

### / 

### 3 day 

### of

.h



# -- City 

### Clerk

APPROVED AS 

### TO 

### FORM:

City Attorney



# cCERTIFICATION OF RECORDING OFFICER STATE 

### OF ARLZONA 

### 1 ) 

### ss. County ofMaricopa 

### 1 I, the 

### undersigned Dee Cockrum, being the 

### duly appointed, 

### qualified City 

### Clerk of 

### the City 

### of Goodyear, 

### Arizona, certify 

### that the foregoing Ordinance 2006-981, passed and 

### adopted at 

### a City Council of the Council 

### of the City 

### of Goodyear, 

### Maricopa 

### County, Arizona 

### held on the I 7rrtingday of 

## fikrr ,2006, 

### at 

### which a quorum

### was present 

### and, by a 

### 7-0 vote, voted in 

### favorofsaid ordinance. 

### Given under

### my 

### hand and seal, this Udayof 

# ~C6v w, 2006.

City ClerkORDINANCE 08-1107 AN ORDINANCE OF THE MAYOR AND COUNCIL OFTHE CITY OF COODYEAR, MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER It OF THE GOODYEAR CITY CODE BY ADDING A SUBSECTION TO SECTION 11-1-24 AND BY ADDING SECTION 11-1-26 AND PROVIDING FOR FUGITIVE DUST CONTROL; ESTABLISHMG PENALTIES FOR VIOLATION OFORDINANCE; PROVIDING FOR SEPARABILITY AND AN EFFECTlVE DATE.

WHEREAS, hgitive dust in the environmenthas an adverse affect on the health and safety of the residents of Goodyearas well as those traveling through the City; WHEFLEAS, the City, in an effort to help Mariwpa County attain the National Ambient Air Quality Guidelines for particulate matter less than 10 microns (PM-10 ) and to decrease the incidenceoffugitive dust in the environmenG WHEREAS, the State of Arizona has passed legislation that directs localjurisdictions to adopt, implement and enforce ordinances to control fugitivedust and implementPM-10 standards; NOW, THEREFORE. BE ITORDAINED by the Mayor and Council of the City of Goodyear, Maricopa County, Arizona as follows: SECTION I: AMENDMENT OF SECTION 11-1-24OF CHAPTER 11 OF THE GOODYEAR CITY CODE. Sation 11-1-24 of Chaptcr I I of the Goodycar Cily Code is amended by adding the following new subsection: (D) It shall be unlawfbl Lo park or use a vchicle on any vawt lot in the Ci. Ownasof vacant lois shall comply with all applicablezoningordinancesand Win 1 1-1-26(C) ofthe GoodytarCity Code. Owners and operatorsofvehicles shall comply with Section 1 1-1-24 (A) through (C) as may be applicable.
SECTION 11: AMENDMENT OF CHAPI'ER 11 OF THE COODYEAR CITY CODE BY ADDING SECTION 11-1-26. Chapter 1I ofthe GoodyearCity Code is amended by adding the followingnew section, 1 1-1-26: 8 11-1-26 

### FUGITIVE DUST CONTROL (A) PURPOSE

# - The purpose of this Section is to provide for the health, safety, and welfare of the citizens of the City ofGdyw by improving air quality through the regulation of Fugitive Dust and PM-I0 particla to the maximum extentpracticable as required by federal and state law. (B) DEFINITIONS: For the purpose ofthis Section, the following definitions shall apply: FUGITIVE DUST

# - Particulate matternot collected by a capturesystem that is entrained in the ambient air and is caused fnrm human andfornatural activities, such as, but not limited to, movement of soil, vehicles, equipment,blasting, and wind. For the purpose ofthis Section, fugitive dust docsnot include particulate matteremitteddirectly from the exhaust ofmotor vehicles and other internal combustionengines, from portable brazing, soldering,or welding cquipmmt, or from piledrivers. LANDSCAPE 

### DEBRIS

# - Debris generated or accumulated as a result of, or moved in the course of, landscape operations. Landscape debris includes, but is not limited to, grass clippings, leaves, branches, vegetativematter, rubbish, soil and rock.LEAF BLOIYER

# - Any devicethat g~ncratcs a stream of air that is designed, or used, to move landscape debris. 

### PERMIT

# - A permit issued by Maricppa County,Arizona evidencing that adust generating operation has a satisfactory dust control plan in place approved by the Maricopa County Air Quality Departqent. PM-I0

# - The slandard adopted by the Fnvironmenlal Protection Agency that focuses on smaller particulates in the air that arc ljkely responsible for adverse healtheffects because oftheir ability to reach the lower regiop ofthe respiratory tract. The PM- LO standard includesparticles with a diameter of 19micrometersor less (0.0004 inches or one-seventh the width ofahuman hair). PUBLIC ROADWAY

# - Any street, alley, road, highway or thoroughfare ofany 

### kind that is used by the public or that is open to the public as a matter of right, for the purpose ofvehicular travel. STABILIZED SURFACE

# - Stabilized surfaces are surfacesthat have been treated with asphaltic concrete, cement concrete, penetration tremnt of bituminous material and seal coat of bituminous binder and a qineral aggregate, or a suitable stabilizationmethod approved by the City Engineer applied to a suficient thickness to withstand repeated vehiculartrafiic. (C) 

### PARKING AND TRAFFIC RESTRICTIONS ON VACANT LOTS OR UNPAVED SURFACES

## - It is unlawfhl for the owner of a vatant lot to allowthe lot to be used for vehicleparking or vehicle use unless the vatant lot hns been pavg, or otherwise stabilii in a manner approved by thc City Engineer, or his designee, to minimizethe gqdon ofdust or particulate m-r. The owner OFmy vacant lot may be required to take rearonable meaylres,such as installingpost and able fencing along the street, barricades at driveway openings or postingofno atspassing sip.to prevent the w ofsaid lot by unauthor'kcd pssons. This restriction shall not ap~ly to the temporary use oiavacant lot by public savice and utility providers w during consbuction activity for whicf, a permil has bem obtained. Ownm md operators ofvehicles shall comply with Section 11-1-24 (A) through {D) as may be applicable. (D) OPERATION OF LEAF BLOWERS

# - A person shall only operate a leaf blower on a stabilized surface, and shall not operate a leaf plower in 

### a manner that causes landsc'ape debris to be blown into a public roadway. (E) EXEMPTION. Any site that has been issued a permit by the Marimpa County Control OfEcer for the control of Fugitive Dust from dust generating operations, md is in compliance with that permit, is exempt from these provisiops. (F) PUBLIC NUISANCE 

# - In addition to the penalties provided herein, any Fugitive Dust caused or permitted to exist in violation of spy of the provisions of this Section is a thmt to public health, safety, and welfare, and shall be deemed a nuisance that is subject to abatement at the violator's expense. (C) PENALTY. Any person who violates this Sectionis guilty ofa Class 3 misdemeanor. A Class 3 misdemeanorincludes fines up to $500100plus surcharges and fas,probation up to one year, and imprisonment up w 30 days. A.R.S. 13-802(C); 13-902( AX7); 13-7W(AX3). (H) SEVERABILITY. If any provision of this Section is held to be unconsti~ional or otherwise Invalidated by any court of comment jurisdiction, the remaining provisions of the Section shall not be invalidated.
SECTION 111. EFFECTIVE DATE.This ordinance shall become effectiveas prescribed by law.
PASSED AND ADOPTED by the Mayor and Council of the City of Goodyear, Maricopa County, Arizona this 

### 2 

### 4 day of ku& ,2000-



### / Date

ATTEST:

Lynn ~ulhal@ity Clerk

CERTIFICATION

### OF

### RECORDING OFFlCER



### STATE OF ARIZONA County ofMan'copa ) 

### 1 )

### ss.
I, the undersigned. Lynn 

### Mulhall. being the duly appointed, qualified and acting Cily Clerk of the Cily of Goodyear, Maricopa County, Ariwna, cerlify that the foregoing Ordinance No. 08-1 107 is a true, correct and accurate copy of 

### Ordinance Na08-1107,passed and adopted a1 a regular/special meeting of the Council of the City of Goodyear, Mariapa County, Arizona, held on the 

## 674 day of ~1nfd7 

### ,2008, at which a quorum was present and, by a 

## fivote membersvoted in favor ofsaid ordinance. Given undermy hand and sealed this* day of 

### UWL~ ,2008.

### ORDINANCENO. 081 108 

### AN ORDINANCE OF 

### THE MAYOR AND COUNCIL OF 

### THE CITY OF GOODYEAR, ARIWNA, AMENDING SECTlON 1-1-5

### OF ARTICLE 1, 

### ARTICLE 2-2 

### AND SECTIONS 6-21 

### AND 6-2-2 

### OF ARTICLE 6 

### OF 

### THE ZONING 

### ORDINANCE OF 

### THE CITY OF GOODYEAR, 

### AIUZQNA, ADOPTED 

### MAY 

### 24, 1999, AS 

### AMENDED, TO ADD A DEFINITION OF MANUEVERWG AREA; TO REQUIRE ALL 

### NEW PARKING AND LOADING 

### SPACES, MANEUVERING AREAS, DRIVEWAYS, AND FIRE LANES TO BE 

### IMPROVED WITH PAVING TO MINIMIZE THE GENERATION OF DUST 

### AND TO REQUIRE CERTAIN EXISTING 

### PARKING AND LOADING SPACES, 

### MANEUVERING AREAS, DRM?,WAYS, 

### AND FIRE 

### LANES TO 

### BE IMPROVED WITH PAVING OR 

### SUITABLEALTERNATIVE 

### MATERIALS TO MINIMIZE 

### THE GENERATION OF DUST 

### BY 

### OCTOBER 1, 2008; 

### REQUIRING THE LOCATION 

### AND WIDTH 

### OP DRIVEWAYS TO COMPLY 

### WITH THE 

### CITY OF GOODYEAR 

### ENGINEERING DESIGN STANDARDS AND POLICY 

### MANUAL AND STANDARD DETAILS; PROVIDING FOR SEVERABTLW 

### AND PROVIDING FOR 

### AN EFFECTIVE DATE. WHEREAS, Article 

### 6 of the 

### Zoning 

### Ordinance, Off-Street Parking and 

### Loading, currently requires the paving of required parking 

### and loading 

### spaces, maneuvering 

### areas, driveways 

### and 

### fm lanes, 

### but it does not specifically require the paving or surfacing of areas that 

### are not otherwise required by said Article 6 

### and Article 2 does not contain a definition of "maneuvering area;" and, WHEREAS, 

### the Zoning Ordinance currently has certain standards for the location and 

### width of commercial 

### driveways that may 

### be 

### in conflict 

### with the approved City 

### of Goodyear Engineering Design Standards and 

### Policy

### Manual and Standard Details; 

### and, WHEREAS, the Arizona State 

### Legislature, in 

### the First Regular Session of 2007, 

### passed Senate Bill 1552 

### amending Arizona Revised Statutes (ARS) 

### Section 9-500.04 pertaining to 

### air quality control to require all 

### cities within Area 

### A (vehicle emissions control 

### area), as defined 

### in ARS Section 49-541, to adopt regulations requiring 

### the 

### dustproof paving 

### of all parking, maneuvering, ingress and 

### egress areas in 

### all development, except for residential development with 

### four or fewer dwelling units 

### and less than 

### 3,000 square feet ofparking 

### and driveway area; and, 

### WHEREAS, Senate Bill 1552 

### fiuther requires cities 

### to adopt regulations 

### requiring all existing unimproved parking, maneuvering, ingress and 

### egress 

### areas, except for residential development with 

### four or fewer dwelling units and less 

### than 3,000 

### square 

### fm of

### parking and driveway 

### area, to be 

### brought 

### into compliance with 

### such surfacing regulations no later than October 1,2008; and, WHEREAS, the 

### amendment to the text 

### of the City 

### of 

### Goodyear Zoning Ordinance proposed herein will add a 

### definition of 

### "maneuvering area" 

### and clarify 

### the ordinance requirements with 

### respect to the paving of parking 

### and loading spaces, maneuvering areas, 

### driveways and fire lams 

### and the location and width of commercial 

### driveways in order to comply

### with ARS 

### Section 

### 9-500.04 in a

### timely manner; and,Page I of5 C:\Doeumnts and Scm'ngs~~~Iop~OI-220MWW)2 PaingRquimnenls for PM-10

### - RcvW ORD.doe

### WHEREAS,a public heaing

### was held by the 

### City of Goodyear Planning and Zoning Commission on Zoning Text Amendment Application 08-220-00002 on March 19,2008, 

### in the 

### mannerprescribed by law, for

### thepurpose of considering 

### tbii amendment to the 

### City of Goodyear

### Zoning Ordinance, adopted May 24, 1999, 

### as amended; and, WHEREAS, due 

### and proper 

### notice of such public hearing 

### before the City of Goodyear 

### Planning and 

### Zoning Commission was 

### given in the time, form, substance and 

### manner provided by law, including publication of such notice 

### in THE 

### WESTVALLEY VIEW March 4,2008; and, 

### WHEREAS, the City of Goodyear Planning and Zoning Commissionhas 

### recommended to the Mayor and Council of the 

### City 

### of Goodyear, 

### Arizona,that 

### it approve

### the 

### zoningtext amendment 

### as aforesaid and that the Mayor and Council ofthe City of Goodyear, Arizona, desireto accept such recommendation and amend 

### Articles 1,2, and 6 

### ofthe 

### City of Goodyear

### Zoning Ordinance, adopted May 24,1999, 

### as amended, 

### as describedherein. NOW, 

### THEREFORE, 

### BE IT 

### ORDAINEDby the 

### Mayor and Council of the City of Goodyear, Arizona, as 

### follows: SECTION 

### I. AMENDMENT OF SECTION 1-1-5 

### OFTHE 

### CITY 

### OF GOODYEAR ZONING 

### ORDINANCE. Paragraph C. of Section 1-1-5ofArticle 1-1 ofArticle 1, 

### Admiitration and 

### Procedures, of the City of Goodyear 

### Zoning Ordinance, ishereby amended by deletingthe existing Paragraph 

### C. of Section 1-1 

### -5 

### in its entirety and 

### replacing it

### with the

### following language:

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 nonco~forming 

### and shall be controlled by 

### the provisions 

### of Article 4-3, except 

### that 

### the City may 

### require a nonconfomiag 

### use to 

### be brought into complianceby 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 

### specifiedherein. 

### SECTION II. AMENDMENT OF ARTlCLE 2-2 

### OF TJ3E CITY 

### OF GOODYEAR 

### ZONING ORDINANCE. Article 2-2ofArticle 

### 2, Definitions, 

### ofthe City of Goodyear Zoning Ordinance. is hereby amendedby inserting 

### the definitionof "Maneuvering 

### Area" between 

### the definition of 

### ''U Zoning" and the 

### definition of "Manufactured Housing" 

### as follows: Maneuverine Area. 

### -Any portion 

### of a 

### lot that 

### is used 

### forthe circulation ofvehicles 

### into 

### or hm off-street perkingspaces 

### orloeding spaces, 

### includingbut not limitedto, off-atreet parking spaces or loading spaces, 

### driveways, drive aisles, and fire lanes. 

### SECTION 

# w. AMENDMENT OF SECTION 62-1 OF THE 

### CITY OF GOODYEAR ZONING 

### ORDINANCE. SubparagraphI. 

### ofParagraph 

### B. of Section 6-2-1 of

### Article 6-2 

### of Article 6, Off-Street 

### Parking and Loading, of the 

### City of Goodyear Zoning Ordinance, is hereby amended by Page 2 of 5 C:\WumcnUend S*tings~t1UXsk1op\08-2.20~2 PavingRtquirrmenrsfor PM-I 0

### - Rcvi~d 0RD.docdeleting

### the existing Subparagraph 1. 

### in its 

### entirety 

### and replacing it with the following language:
1

## . All parking and loading spaces, drive aisles, maneuvering areas, driveways, and fire lanes shall be paved 

### with 

### an asphalt, concrete, or 

### masonry 

### surface to 

### a sufficient

### thicknessto withstand repeated vehicular traffic based on 

### an engineered design approved by the 

### City Engineer, 

### or his designee. except as provided below:

a. The surfacing of 

### tlic areas referenced 

### above shall not 

### be requircd by the City during construction on any site or project which is othencrise covered by 

### an individual 

### or general 

### air quality permit issued by the Maricopa County Air 

### Quality Department, but all 

### surfacing improve~nents related to a specific building permit shall be con~pleted prior to the issuance of a certificate

### of occupancy for such pennit. b. The City Engineer, or his designee, at his discretion, 

### may allow 

### the use of other 

### materials for surfacing 

### the areas referenced above 

### when these 

### areas: i. are in excess of the 

### minimum number of spaces required by this Article; or, ii. serve 

### an existing use that does not conform to this Article 

### 6 

### as of October 1,2008; 

### or, 

### iii. are temporary in terns of frequency of 

### use (i.e., infrequent 

### or intennittent use) or duration of use (i.e., only used 

### for a specific period 

### of time until paved or, for model home complexes. until substantial completion ofaresidential development).

>c.Any alternative swfacing materials allowed 

### by the 

### City Engineer, or his 

### designee, shall be appropriate to the 

### use for which they 

### are approved and 

### at a 

### minimum shallminimize 

### the generation 

### ofdust or particulate matter. 

### d. Any property with 

### parking and loading spaces, drive aisles, maneuvering areas, driveways, and 

### fire lanes 

### that are not surfaced shall 

### be 

### improved 

### with surficing to meet 

### the 

### minimum standards specified 

### above no later than October 1, 2008, except for residential property developed with four 

### or fewer dwelling units that 

### has Iess 

### than 

### 3,000 square feet ofparking 

### and loading spaces, drive aisles, maneuvering areas, driveways, and 

### fire lanes and except for agricultural uscs and construction sites operating under an individual or general air quality pennit issued 

### by the Arizona Department of 

### Air Quality or theMaricopa County Air Quality Department. 

### SECTION 

### IV. AMENDMENT 

### OF SECTION 6-2-2 

### OF THE CITY OF GOODYEAR ZONING 

### ORDINANCE. Paragraph

### C. of Section 6-2-2 of Article 

### 6-2 ofArticle 6. 

### Off-Street 

### Parking and Loading, of the 

### City of GodyearZoning Ordinance, is hereby amended by deleting 

### the existing Paragraph C. 

### in its entirety and replacing it with the following

### language: C. ACCESS.

Page 3 of5 C:\Docummk md S*lings~a~~ktop~8-22~2 Paving Rcqo~mrncn& Tor PM-I 0

### - Revised 0RD.doc

### Off-street parking spaces shall be 

### ~~ected with a 

### public street by 

### a paved driveway 

### which affords sde 

### and reasonably convenient ingress and 

### egress. The permissible location and minimum 

### width of 

### driveways shall be 

### as specified in the City of Goodyear Engineering Design 

### Standards and Policy 

### Manual and Standard 

### Details. SECTION V. 

### SEVERABILITY. Ifany provision of

### this Ordinance is for 

### any reason 

### held 

### invaIid by any courtor competentjurisdiction 

### such provision 

### shall 

### be deemed as separate, distinct and 

### independent of

### all other provisions and 

### suchholding shall not 

### affectthe 

### validity ofthe remaining portions ofthis 

### Ordinance. SECTION

### VI. EFFECTIVE

### DATE. This 

### ordinance shall become effectiveas

### prescribed by law. APPROVED 

### AND 

### ADOPTED by 

### the Mayor 

### and Council 

### of 

### this 

# aL( day of M4~4 ,2008.



### ATTEST:



### STATE OF 

### ARIZONA 

### 1 ) ss. County ofMaricopa 

### 1 I, the 

### undersigned 

### Lynn 

### Mulhall, being the duly 

### appointed, qualified City 

### Cterk ofthe 

### City of Goodyear, 

### Arizona, certify 

### that the foregoing Ordinance 08-1 108, passed and adopted at a 

### City Council 

### Meeting of

### the Council of 

### the City of Godyear, Maricopa County, 

### Arizona held on 

### th&day of 

### MNL 

## h ,2008, at which a quorum was present 

### and, by a 

## &vote, 

## &voted 

### in favor of

### said ordinance. Given 

### under my hand 

### and seal, this 

## &day of bdn

## ~h 

# - 2008. \,,\MIIIIII,I~~,~ 

### #'\* ~000, 44 $' Q 

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