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 

NOTICE: This e-mail (and any attachments) may contain PRIVILEGED OR CONFIDENTIAL 

information and is intended only for the use of the specific 

individual(s) to whom it is addressed. It may contain information that is privileged and 

confidential under state and federal law. This information may be used or disclosed only 

in accordance with law, and you may be subject to penalties under law for improper use or 

further disclosure of the information in this e-mail and its attachments. If you have 

received this 

e - 

mail in error, please immediately notify the person named above by reply e- mail, and then 

delete the original e-mail. Thank you. 

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 

traveling through 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 of the 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 written permission hm the property owner and making the violation of this provision 

subject to prosecution and the imposition of penalties; 

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of 

Goodyear, Maricopa County, Arizona as follows: 

SECTION I: AMENDMENT OF CHAPTER 11 OF THE GOODYEAR CITY 

CODE. 

Chapter 1 1 of the Goodyear City Code is mended by adding the following new offense, 

See. 11-1-24 Operation of Vehicles on Public and Private Property. 

A. It is dad for any person to operate or drive any motor vehicle, motorcycle, minibike, 

dune buggy, all terrain vehicle (ATV), motor scooter, or other form of transportation 

propelled by an internal combustion engine on private andlor public property that is not held 

open to the public for vehicle use without the prior written permission of the owner of the 

property, the person entitled to the immediate possession of the property, or the authorized 

agent of either. The property owner, person entitled to immediate possession of the property, 

or invitee who has written permission may opaate such vehicles if such we does not violate 

any other applicable laws. 

B. The prior written permission required under this section shall: 

1. Contain the name, address, and telephone numbex of the person granting 

permission for the use of the property; 
2. Describe the interest the person granting permission has in the property (i.e. 

property owner, lessee, agent etc); 

3. If the person granting permission is not the owner of the property, the written 

pemission shall also contain the name, address, and telephone number of the property 

owner; 

4. Specify the period of time fbr which permission for the use of the property is 

being granted; and 

5. Be signed by the person granting pamission for the use of the property. 

C. Whenever any person is stopped by a Police Officer of the City for a violation of 

subsection (A) of this section, helshe shall, upon the request of the Police Officer display the 

written permission required in this section. 

D. A violation of this section is subject to the penalties set forth in Goodyear City 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 competent jurisdiction, such portion 

shall be deemed a separate, distinct, and independent provision and such holding shall not 

affect the validity of the remaining provisions of the ordinance or parts thereof 

SECTION 111: DECLARING AN 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 as required by 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 

STATE OF ARIZONA 1 

) SS. 

County of Maricopa 1 

I, the undersigned Dee Cockrum, being the duly appointed, qualified City Clerk of the City 

of Goodyear, Arizona, certify that the foregoing Ordinance 2006-98 1, passed and adopted at 

a City Council eeting of the 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 favor of scud ordinance. 

Given under my hand and seal, this Uday of 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 

SEPARABILIW AND 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 

traveling through 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 

undeveloped property owned by the City; 

WHEREAS, the Mayor and Council of the City of Goodyeary believe that it is in the best 

interest of the City to amend Chapter I1 of the Goodyear City Code to prohibit the operation 

of vehicles on private Wor public property not held open to the public for vehicle use 

absent written permission fkom the property owner and making the violation of this provision 

subject to prosecution and the imposition of penalties; 

NOW, l"HJXEFORE, BE lT ORDAINED by the Mayor and Council of the City of 

Goodycar, Maricopa Countyy Arizona as follows: 

SECTION I: AMENDMENT OF CHAPTER 11 OF THE WODYEAR CITY 

CODE. 

Chapter 11 of the Goodyear City Code is amended by adding the following new offense, 

Sec. 11-1-24 Operation of Vehicles on Public and Private Property. 

A. It is dad for any person to operate or drive my motor vehicle, motorcycle, minibike, 

dune buggy, all terrain vehicle (ATV), motor scooter, or other form of transportation 

propelled by an internal combustion engine on private andor public property that is not held 

open to the public for vehicle use without the prior written permission of the owner of the 

property, the person entitled to the immediate possession of the property, or the authorized 

agent of either. The property owner, pason entitled to immediate possession of the property, 

or invitee who has written permission may operate such vehicles if such use does not violate 

any other applicable laws. . 

B . The prior written permission required under this section shall: 

1. Contain the name, address, and telephone number of the person granting 

permission for the use of the property; 
2. Describe the interest the person granting permission has in the property (i.e. 

property owner, lessee, agent etc); 

3. If the person granting permission is not the owner of the property, the written 

permission shall also contain the mme, address, and telephone number of the property 

owner; 

4. Specify the period of time for which pennission for the use of the property is 

being granted; and 

5. Be signed by the person granting pennission for the use of the property. 

C. Whenever any person is stopped by a Police Officer of the City for a violation of 

subsection (A) of this section, helshe shall, upon the request of the Police Officer display the 

written permission required in this section. 

D. A violation of this section is subject to the penalties set forth in Goodyear City 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 of the remaining provisions of the ordinance or 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 of Goodyear as required by law. 
PASSED AND ADOPTED by the of Goodyear, Marimpa 

County, Arizona this / 3 day of 

.h 

-- 

City Clerk 

APPROVED AS TO FORM: 

c City Attorney 
CERTIFICATION OF RECORDING OFFICER 

STATE OF ARLZONA 1 

) ss. 

County of Maricopa 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 favor of said ordinance. 

Given under my hand and seal, this Uday of ~C6v w, 2006. 

City Clerk 
ORDINANCE 08-1107 

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE 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 OF ORDINANCE; PROVIDING FOR 

SEPARABILITY AND AN EFFECTlVE DATE. 

WHEREAS, hgitive dust in the environment has an adverse affect on the health and safety of 

the residents of Goodyear as 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 

incidence of fugitive dust in the environmenG 

WHEREAS, the State of Arizona has passed legislation that directs local jurisdictions to adopt, 

implement and enforce ordinances to control fugitive dust and implement PM-10 standards; 

NOW, THEREFORE. BE IT ORDAINED by the Mayor and Council of the City of Goodyear, 

Maricopa County, Arizona as follows: 

SECTION I: AMENDMENT OF SECTION 11-1-24 OF 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. Ownas of vacant lois shall 

comply with all applicable zoning ordinances and Win 1 1-1-26(C) of the Goodytar City Code. Owners 

and operators of vehicles 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 1 1-1-26. 

Chapter 1 I of the Goodyear City Code is amended by adding the following new 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 of Gdyw by improving air quality through the regulation of Fugitive 

Dust and PM-I0 particla to the maximum extent practicable as required by federal and state law. 

(B) DEFINITIONS: For the purpose ofthis Section, the following definitions shall apply: 

FUGITIVE DUST - Particulate matter not collected by a capture system that is 

entrained in the ambient air and is caused fnrm human andfor natural activities, such as, 

but not limited to, movement of soil, vehicles, equipment, blasting, and wind. For the 

purpose of this Section, fugitive dust docs not include particulate matter emitted directly 

from the exhaust of motor vehicles and other internal combustion engines, 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, vegetative matter, rubbish, soil and rock. 
LEAF BLOIYER - Any device that 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 a dust 

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 health effects because 

of their ability to reach the lower regiop of the respiratory tract. The PM- LO standard 

includes particles with a diameter of 19 micrometers or less (0.0004 inches or one-seventh 

the width of a human hair). 

PUBLIC ROADWAY - Any street, alley, road, highway or thoroughfare of any kind 

that is used by the public or that is open to the public as a matter of right, for the purpose 

of vehicular travel. 

STABILIZED SURFACE - Stabilized surfaces are surfaces that 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 stabilization method 

approved by the City Engineer applied to a suficient thickness to withstand repeated 

vehicular trafiic. 

(C) PARKING AND TRAFFIC RESTRICTIONS ON VACANT LOTS OR UNPAVED 

SURFACES - It is unlawfhl for the owner of a vatant lot to allow the lot to be used for vehicle parking 

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 minimize the gqdon of dust or particulate m-r. The owner OF my 

vacant lot may be required to take rearonable meaylres, such as installing post and able fencing along the 

street, barricades at driveway openings or posting of no atspassing sip. to prevent the w of said lot by 

unauthor'kcd pssons. This restriction shall not ap~ly to the temporary use oia vacant 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 Section is guilty of a Class 3 misdemeanor. A 

Class 3 misdemeanor includes fines up to $500100 plus 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 effective as 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 of Man'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 fi vote members voted in favor of said ordinance. 

Given under my hand and sealed this* day of UWL~ ,2008. 

ORDINANCE NO. 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 

SUITABLE ALTERNATIVE 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 of parking 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 of 5 

C:\Doeumnts and Scm'ngs~~~Iop~OI-220MWW)2 Paing Rquimnenls 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 manner prescribed by law, for the purpose 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 WEST VALLEY VIEW 

March 4,2008; and, 

WHEREAS, the City of Goodyear Planning and Zoning Commission has recommended to 

the Mayor and Council of the City of Goodyear, Arizona, that it approve the zoning text 

amendment as aforesaid and that the Mayor and Council of the City of Goodyear, Arizona, 

desire to accept such recommendation and amend Articles 1,2, and 6 of the City of 

Goodyear Zoning Ordinance, adopted May 24,1999, as amended, as described herein. 

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of 

Goodyear, Arizona, as follows: 

SECTION I. AMENDMENT OF SECTION 1-1-5 OF THE CITY OF GOODYEAR ZONING 

ORDINANCE. 

Paragraph C. of Section 1-1-5 of Article 1-1 of Article 1, Admiitration and Procedures, of 

the City of Goodyear Zoning Ordinance, is hereby amended by deleting the 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 

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. 

SECTION II. AMENDMENT OF ARTlCLE 2-2 OF TJ3E CITY OF GOODYEAR ZONING 

ORDINANCE. 

Article 2-2 of Article 2, Definitions, of the City of Goodyear Zoning Ordinance. is hereby 

amended by inserting the definition of "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 for the circulation of vehicles into or 

hm off-street perking spaces or loeding spaces, including but not limited to, 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. 

Subparagraph I. of Paragraph 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:\WumcnU end S*tings~t1UXsk1op\08-2.20~2 Paving Rtquirrmenrs for PM-I 0 - Rcvi~d 0RD.doc 
deleting 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 thickness to 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 of a residential 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 shall minimize the generation of dust 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 of parking 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 the Maricopa 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 of Article 6. Off-Street Parking and Loading, of 

the City of Godyear Zoning Ordinance, is hereby amended by deleting the existing 

Paragraph C. in its entirety and replacing it with the following language: 

C. ACCESS. 

Page 3 of 5 

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. If any provision of this Ordinance is for any reason held 

invaIid by any court or competent jurisdiction such provision shall be deemed as separate, 

distinct and independent of all other provisions and such holding shall not affect the validity 

of the remaining portions of this Ordinance. 

SECTION VI. EFFECTIVE DATE. This ordinance shall become effective as 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 of Maricopa 1 

I, the undersigned Lynn Mulhall, being the duly appointed, qualified City Cterk of the 

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 *...-... -!? % 

A ,..hp o Q >.'9 3 (a - s;..~ ('ot. %. % 5

d k - i6 Clerk % - /~,~46 i 5 - - 1 : - / 5 t -. .. :zs 2 

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