A.   Administrative Regulations. Section 21-101 et seq. contains regulations and detailed procedures for the administration of this Ordinance, and include responsibilities of the Zoning Administrator and planning agency, common procedures, processes and standards for entitlement and conceptual planning applications, and other permits.

D.   Relationship to Other Regulations. The Zoning Ordinance, along with other regulations of the City of Peoria, including but not limited to the Subdivision Ordinance, Peoria Engineering Standards Manual (PESM), and applicable International Building and Fire Codes, as amended, is a tool to implement the Peoria General Plan. In regulating future development or redevelopment within the City of Peoria, the requirements of the zoning Ordinance shall be construed as minimum requirements.

A.   Unreasonably affecting existing uses of property or the right to its continued use or the reasonable repair or alteration thereof for the purpose for which used prior to the effective date of this Section.

B.   Preventing, restricting or otherwise regulating the use or occupation of and improvements for railroad, metallurgical, grazing or general agricultural purposes, as herein defined, if the tract concerned is not less than two (2) contiguous acres.

A.   The Zoning Administrator or designee, shall interpret the provisions of this Zoning Ordinance (or Ordinance), and shall interpret uses within each district as provided in the intent and regulations governing the subject district. The Zoning Administrator or designee shall respond in writing to written requests for Ordinance interpretations within forty-five (45) days from the date of receipt of the written request. A record of the Zoning Administrator's responses shall be available for public review.

B.   The appeal of Zoning Ordinance interpretations or other decisions by the Zoning Administrator may be initiated by any aggrieved person or by any officer, department, board or commission of the city affected by the interpretation or decision of the Zoning Administrator. For purposes of this subsection an aggrieved person is one who receives a particular and direct adverse impact from the interpretation or decision which is distinguishable from the effects or impacts upon the general public. Appeals must be filed pursuant to Section 21-162.

C.   When the provisions of this Zoning Ordinance are interpreted or applied they shall be held to be the minimum requirements for the promotion of the public safety, health and general welfare.

D.   The Zoning Administrator shall interpret uses within each district. The presumption established in this Zoning Ordinance is that all general uses of land are permissible within at least one (1) zoning district in the city's planning jurisdiction. The use regulations set forth in each district cannot be all inclusive, and may include general use descriptions that encompass several specific uses. Uses specified in each district shall be interpreted liberally to include other uses which have similar impacts to the listed uses.

E.   Inspections may be made by the Zoning Administrator. If such inspection reveals that any property or portion of a project is not in compliance with the requirements of the applicable ordinances and codes, the Zoning Administrator shall report the discrepancy to the property owner, developer or their representative and shall order work on the project stopped or corrective action taken as appropriate.

A.   Zoning, as a police power vested in the City, is a primary means of regulating the specific, current and immediate future use of land in the community. Zoning regulations must therefore be comprehensive and reasonable and must be adjusted and expanded as necessary to meet new and changing conditions. To this end, the Zoning Administrator shall, from time to time as the need arises, undertake and carry out such special studies and make such revisions, modifications and amendments of zoning standards, requirements, regulations, procedures and maps as may be necessary to improve the effectiveness of this Chapter, and keep it responsive to Peoria's needs. The Zoning Administrator shall be assisted in its duties by outside consultants as the City Council or the City of Peoria, through the procurement process, may retain for the purpose.

B.   References within this Ordinance to provisions, or Sections within this Ordinance shall be deemed to refer to said provision or Section as most recently amended, including cases in which such amendment may be located in a new or different Section of this Ordinance or be otherwise renumbered.

1.   Unless expressly stated otherwise, violations of this Section may be enforced alternatively by civil or criminal penalties; however, no person served with a notice charging a civil violation may be subject to criminal charge arising out of the same offense. However, prior civil determinations of responsibility for the same offense may be used to enhance penalties imposed upon a subsequent criminal conviction for a offense.

2.   Civil violations of this Section shall be enforced as provided in Chapter 5 and Chapter 17, Section 17-51 of the City Code.

3.   Criminal violations of this Section shall be enforced as provided in Chapter 5 and Chapter 17, Section 17-51 and pursuant to state statute.

4.   In addition to other enforcement actions that may be taken pursuant to this code or ordinance, the City Manager or designee may issue an order of abatement pursuant to Chapter 17, Section 17-59 of the City Code.

5.   Violations of this Ordinance are in addition to any other violation enumerated within the City ordinances or the City Code and in no way limits the penalties, actions or abatement procedures which may be taken by the City for any violation of this ordinance, which is also a violation of any other ordinance or Code provision of the City or statutes of the State.

1.   The City shall honor Maricopa County building permits, lawfully issued not more than sixty (60) days prior to the effective date of annexation. Within sixty (60) days after the effective date of annexation, the City shall issue a building permit when construction details conforming to the City building codes and County regulations, in effect at the time the County permit was issued, are provided to the City. Any fee paid to the County for the County permit shall apply towards the City permit fee, and only the balance shall be paid to the City before a City permit is issued.

2.   A city building permit shall not be required for buildings legally under construction, with a building permit issued by Maricopa County prior to the effectiveness date of annexation, in cases where exterior walls have been completed to the plat line or beyond. The City shall require that building construction be structurally safe and in conformance with pertinent County zoning regulations in effect at the time the County permit was issued.

1.   The Citizen Participation Process outlined within Section 21-153 shall not apply to initial zoning cases.

2.   Public Notice shall be provided pursuant to Table 21-146.

3.   Initial Zoning applications shall be reviewed and processed in accordance with Section 21-153.

D.   Notwithstanding the provisions of this Section of Chapter 21 of the Peoria City Code as it existed prior to the effective date of this Subsection, any zoning resulting in an amendment to the official zoning map of the City of Peoria, Arizona shall be deemed unconditional irrespective of whether the conditions of this Section have been met and such zoning shall be deemed unconditional and final in the event all other provisions of the Peoria City Code were complied with.

1.   Zoning district boundary lines are intended to follow lot lines or be parallel or perpendicular thereto, and centerline of streets, alleys, right-of-way, unless otherwise fixed by dimensions shown on the official zoning district map.

2.   In subdivided property or where a zoning district boundary divides a lot, the exact locations of such boundary, unless otherwise indicated by dimensions shown on the official zoning district map, shall be determined by use of the map scales included thereon.

3.   If, after application of the foregoing rules, uncertainty still exists as to the exact location of a zoning district boundary, the Zoning Administrator shall determine and fix the location of such boundary in accordance with the purposes and intent of this Section.

1.   Only routine repair and maintenance, which does not increase the non-conformity are permitted.

2.   The replacement of damaged or partially destroyed non-conforming buildings or structures due to fire, flood, or other calamity, to an extent of:

a.   Fifty percent (50%) or less of the gross floor area may be restored to its previous condition(s), provided a building permit for such restoration has been obtained within one (1) year of calamity.

b.   Greater than fifty percent (50%) of the gross floor area shall not be reconstructed except in conformance with the regulations for the current zoning district in which it is located.

3.   Should any such building or structure be moved for any reason, for any amount of time, any distance, it shall thereafter conform to the regulations for the current zoning district in which it is located after moving.

1.   The expansion of a non-conforming use within an additional building, structure, or land area is prohibited.

2.   Whenever a non-conforming use has been discontinued or abandoned for a period of one (1) year, such use shall not thereafter be re-established and any future uses shall be in conformance with the current regulations for the current zoning district in which the property is located.

a.   If the non-conforming use was forced to cease operations due to a fire, flood, or other calamity, the Zoning Administrator may extend the one (1) year deadline if a delay in recommencing was shown to be caused by unforeseen circumstances beyond the control of the property owner.

b.   Once changed to a conforming use, no building, structure or land shall be permitted to revert back to a non-conforming use.

A.   Additions to a non-conforming single-family dwelling shall be permitted if the added portion conforms to all current development standards as regulated by the current zoning district in which it is located.

B.   Any non-conformity will be required to be brought into conformance, in a timely manner, if such compliance is mandated by State or Federal Law.

C.   Nothing in this section shall prevent the full restoration of a building or structure that is listed on the National Register of Historic Places, the Arizona State Register of Historic Places, or the Peoria Register of Historic Places.

D.   Non-conforming signs shall be subject to Section 21-838.

1.   Develop and maintain a General Plan.

2.   Develop such specific plans as may be necessary to implement the General Plan.

3.   Develop and administer a zoning code which will serve as an implementation vehicle for the General Plan and specific area plans.

4.   Perform such other planning functions as directed by the City Manager, Mayor and City Council.

A.   Authority. Pursuant to A.R.S. § 9-462.08 and in accordance with Chapter 20, Section 20-41 of the City Code (1992), the City has the authority to establish administrative hearing officer(s) and delegate to the hearing officer(s) the authority to conduct hearings.

1.   Decisions of the Planning Department regarding administration of the requirements of the Hillside Development Overlay District as described in Section 21-640 and in accordance with Section 21-112 through Section 21-115.

2.   Determinations for exactions or dedications required by the City as a condition of granting approval for the use, improvement, or development of real property, in accordance with this Ordinance and all amendments thereto.

3.   Other matters as the Council may provide by Ordinance.

1.   Under no circumstances shall the Board allow a use not permissible under the terms of this Ordinance, whether expressly or by implication, in the zoning district in which the property is located.

2.   Every decision of the Board shall be based upon finding of fact, and every finding of fact shall be supported in the record of its proceedings. A mere finding of recitation of the enumerated conditions, unaccompanied by the findings of specific fact, shall not be deemed findings of fact and shall not be deemed in compliance with this Ordinance.

3.   The Board shall not hear any matter arising out of an exaction provided by a rezoning.

1.   Parties in interest shall have the right to present their case by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination of witnesses as may be required for a full and true disclosure of the facts, in accordance with the following:

a.   The submission of documentary evidence shall not, by reason of its written form, prejudice the interest of any party.

b.   The Board shall, as a matter of policy, provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence, and, in the furtherance of this policy, may limit cross-examination.

c.   A petition to the Board signed by persons not parties in interest to an appeal, as defined herein, shall not be considered documentary evidence and shall have no bearing on the Board's decision, nor shall any person presenting such petition be considered the agent of its signers.

1.   The owner of the subject property; or

2.   An agent representing the owner, duly authorized to do so in writing by the owner.

1.   An application, provided by the City.

2.   The required documents and information in a form acceptable to the Planning Department.

3.   Additional materials, as required. The Zoning Administrator may require the submission of supporting materials as part of the application, including but not limited to, statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project.

4.   The required fee.

a.   Upon the city's issuance of a "Review Comment Letter" as defined within Section 21-143.E., the applicant is required to submit all requested documents, materials, and requested information within a six (6) month period, beginning the day after the Zoning Administrator or designee issues the Review Comment Letter.

b.   The last day of the resubmittal period shall be defined herein as the "Resubmittal Deadline." It is incumbent on the applicant to ensure understanding of, and compliance with, all resubmittal deadlines.

c.   Should the need arise for the city to alter or revise the comments or list of documents, materials or requested information needed after issuance of the Review Comment Letter, the Resubmittal Deadline shall be restarted upon the day after the reissuance.

d.   Should the Resubmittal Deadline transpire without a complete resubmittal by the applicant, the application shall be deemed expired and "inactive."

e.   Should subsequent requests for corrections occur after a resubmittal is received, the city shall issue a subsequent "Review Comment Letter," and a new Resubmittal Deadline shall be established in accordance with the provisions herein.

1.   The Zoning Administrator, Planning and Zoning Commission, Board of Adjustment, or City Council, in granting of any permit, also referred to as discretionary approval, or permit modification, for which the body has authority, may specify the time within which the proposed use must be undertaken and actively and continuously pursued.

2.   The Zoning Administrator, Planning and Zoning Commission, Board of Adjustment, or City Council, may impose upon the permit a term of such period of time as is found to be consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare.

3.   If no time period is otherwise specified by the decision-making body, any permit granted under this Ordinance may be declared expired, and no further force and effect, if it is not exercised or extended within the timeframe specified within this Ordinance.

1.   The following notices shall be sent by first-class mail:

a.   Notice of Application;

b.   Notice of Neighborhood Meeting;

c.   Notice of Hearing; and

d.   Notice of Decision.

2.   Each required notice shall be sent to the:

a.   Owner of real property as last disclosed by County real estate tax records, situated wholly or partially within the notification distances for the application type specified in Table 21-146;

b.   Neighborhood Association(s) and Home Owners Association(s) that have registered with the City and is affiliated with a neighborhood located within a one (1) mile radius of the subject property; and

c.   Interested persons.

3.   Additional Notice Requirements for General Plan, Specific Area Plan and Rezoning Applications. In addition to the notices set in accordance with subsection B.2. of this section, a Notice of Application and Notice of Hearing shall be sent electronically, or another method approved by the Zoning Administrator, to:

a.   The military airport or facility if the subject property is in the Territory in the Vicinity of the military airport or facility described in A.R.S. § 28-8461, as amended;

b.   The planning agency for the municipalities and unincorporated areas of counties whose corporate area is situated wholly or partially within one (1) mile of the subject property; and

c.   Any other governmental agency, school district or public utility required by the Zoning Administrator.

a.   When the notice is required in Table 21-146, it shall be sent at least fifteen (15) calendar days prior to a meeting and public hearing. The number of days stated herein excludes the day that the mailing is sent, and the day of the neighborhood meeting and public hearing.

b.   The notice shall provide:

1)   A general description of the purpose of the application and property location map;

2)   Contact information (mailing address, telephone number, and email address) for City Staff and the applicant; and

3)   The time, date, and place or method (e.g. electronic virtual meeting or hearing) that the meeting or hearing will be held.

a.   When a newspaper notice is required in Table 21-146, it shall be published in a newspaper of general circulation in the City at least fifteen (15) calendar days prior to the hearing. The number of days stated herein excludes the day of the publication and the day of the hearing. The notice shall provide:

1)   A general description of the purpose of the application and property location;

2)   Contact information (mailing address, telephone number, and email address) for City Staff and the applicant; and

3)   The time, date, and place or method (e.g. electronic virtual hearing) that the hearing will be held.

a.   The subject property shall be posted in a conspicuous location with a minimum of one sign when it is required in Table 21-146. The Zoning Administrator may require additional signs for an application that is greater than ten (10) acres, abuts multiple streets, or requires additional sign area to provide application-related information. The sign shall conform with the site posting guide available from the Department.

b.   The site posting, including any updates to the sign, shall be completed at least fifteen (15) calendar days prior to a neighborhood meeting and public hearing. The number of days stated herein excludes the day that the sign is posted, any day that the sign is updated, and the day of the hearing and neighborhood meeting. If the applicant is responsible for the posting and updating of the sign, the applicant shall provide the City with a photo exhibit and affidavit attesting to the posting and updating of the sign within the timeframe state herein.

c.   All site postings required by this section shall be removed within fourteen (14) calendar days of the last action, withdrawal, or expiration of an application.

1.   All applications for rezoning, except those involving a Planned Area Development (PAD), Planned Community District (PCD), or detached or attached single-family units on individual lots, shall be accompanied by a Site Plan Review application prepared in accordance with this Section.

2.   Rezonings may be initiated by the City Council, the Planning and Zoning Commission, the Department, or an owner or duly authorized agent of property proposed for rezoning. In the case of an application that includes property not owned by the applicant, and where the applicant is not the City Council, the Planning and Zoning Commission, or the Department, the application shall include the signatures of the real property owners representing at least seventy-five percent (75%) of the land in the subject area.

3.   Any person or entity who seeks a rezoning shall submit an application on the official form provided by the Planning Department. Submittal requirements shall be as established administratively by the Planning Department, and shall include but not be limited to the legal description of the property, the present zoning classification, the recommended use of the property in the City's General Plan, a scaled diagram of the subject parcel and surrounding area, and a Citizen Participation Report.

4.   The applicant shall present evidence of ownership or the type of controlling interest in the property (e.g., option to purchase) to the Planning Department. The applicant shall submit the application together with the applicable fee to the Planning Department.

3.   Citizen Participation Report. The applicant shall prepare and submit a “Citizen Participation Report” to the Planning Department that describes the meeting, numbers in attendance, any comments received at the meeting or any other form of communication received regarding the application, how these comments will be evaluated, and any mitigation issues identified as a result of the comments and concerns received.

1.   The Planning Department shall review the application in accordance with provisions set forth in the Process Guide. After an application has been deemed complete by the Department, the application shall be routed to City Departments and affected external agencies for review. Upon the completion of each review, the Department shall transmit the comments to the applicant. The applicant shall then revise and resubmit the application materials to address the outstanding issues and concerns raised in the comments. Upon final completion of the review or a determination by the Zoning Administrator, that the application is ready to proceed, the Department shall set a date for a public hearing with the Planning and Zoning Commission. The Department shall prepare and submit a written report and recommendation to the Commission.

2.   The Zoning Administrator shall not approve or recommend approval of any rezoning unless the Zoning Administrator has received a Waiver of Claim for Diminution in Value from the Owner or Owners of the property that is the subject of the rezoning, or has determined that the absence of such a Waiver of Claim for Diminution in Value is consistent with the City's General Plan and zoning goals and requirements.

1.   The Department shall refer all rezonings to the Planning and Zoning Commission for study and public hearing.

2.   In its deliberations on the matter, the Commission shall consider oral or written statements from the applicant, the public, City staff, and its own members. The Commission shall recommend to the Council that the application be granted as requested, be denied, or be granted subject to specific conditions.

3.   In its deliberations, the Commission may continue the public hearing concerning the application; however, the Commission shall not continue the public hearing more than three meetings in succession without again providing notice in the above prescribed manner.

1.   The City Council may adopt the Planning and Zoning Commission's recommendations without holding a second public hearing unless:

a.   The applicant (for the rezoning request), aggrieved party, member of the public, or a member of the City Council objects to adoption of the recommendation of the Planning and Zoning Commission without a City Council hearing. Said objection shall be filed in writing within fifteen (15) calendar days after the Commission renders its recommendations.

b.   The Planning and Zoning Commission has recommended approval of the proposed amendment and a written legal protest, as defined in A.R.S. § 9-462.04.H., as amended or renumbered, has been filed.

a.   The City Council, after receiving the report and recommendation of the Planning and Zoning Commission, may take action as follows:

1)   Affirm in whole or in part the action of the Commission;

2)   Reverse in whole or in part the action of the Commission;

3)   Modify any decision, determination, or requirement of the Commission; or

4)   Remand the matter back to the Commission for further consideration.

b.   Rezone applications shall be approved or denied by the City Council within one hundred eighty (180) days from the date of "Determined Completeness," pursuant to Sec. 21-143.D.

1)   The City may extend the timeframe to approve or deny the request beyond the timeframe noted above for any of the following reasons:

a)   For extenuating circumstances, the City may grant a onetime extension of not more than thirty (30) days.

b)   If an applicant requests an extension, the City may grant an extension of thirty (30) days for each extension granted.

c.   Section 21-153.H.2.b shall not apply to rezone applications or amendments for Planned Area Developments (PADs), Planned Community Districts (PCDs), or lands designation as a District of Historical Significance pursuant to A.R.S. § 9-462.01.A.10 as amended or renumbered, or any area designated Historic on the National Register of Historic Places.

a.   Development in accordance with a specific Site Plan and/or obtaining Site Plan approval in accordance with Section 21-156 of this Section.

b.   Reduction in the otherwise applicable floor area ratio, lot coverage, building height, or density requirements.

c.   Increases in the otherwise applicable building setback, lot area, parking space, landscaping, or open space requirements.

d.   Public dedication of rights-of-way as streets, alleys, public ways, drainage, utility, and/or other public improvements, and/or the installation of off-site improvements as are reasonably required by or related to the effect of rezoning.

e.   Such other conditions as may be allowed by law.

f.   Completion of a re-use plan as determined by the Planning Department.

a.   Approval of a final site plan.

b.   Submission and approval of a preliminary plat for the subdivision of the subject property.

c.   Submission and approval of the final plat for the subdivision of the subject property.

d.   Application for and issuance of a building permit to commence construction of one or more buildings upon the subject property.

e.   Commencement of on-site construction on the subject property in accordance with the final site plan as approved.

f.   Completion of a specified percentage of construction on the subject property in accordance with the final site development plan.

a.   The applicant must file a written request with the Planning Department, requesting a modification to the adopted requirements. The Planning Department shall forward the request to the Commission for consideration and recommendation to the Council. The Council shall thereupon determine whether or not the modifications will be approved.

a.   The applicant may file a request with the Planning and Zoning Commission for an extension of the time schedule for meeting the adopted requirements. The Commission shall consider the request and submit a recommendation to the Council. The Council shall thereupon determine whether or not the extension will be approved.

b.   The Zoning Administrator, or designee thereof, may file an application with the Planning and Zoning Commission requesting reversion of the zoning, based upon the applicant's failure to comply with the adopted conditions for the rezoning. The Commission shall consider the Zoning Administrator’s application and may accept, modify, or reject and shall thereupon recommend acceptance, modification, or rejection of the application to the City Council.

c.   Upon action by the Commission, the Zoning Administrator’s application together with the Commission's recommendation shall be submitted to the City Council for final action. The Council may accept, reject, or modify the recommendations of the Commission in accordance with the foregoing, outlined above in Subsection J.

1.   Changes or amendments to the text of regulations contained in this Ordinance may be initiated by the City Council, Planning and Zoning Commission, Board of Adjustment, City Staff, or any member of the public.

2.   An applicant shall submit an application for a text amendment on the official form provided by the Planning Department. Submittal requirements shall be as established administratively by the Department and are set forth in the Process Guide. The application shall include the existing language in the Ordinance that is proposed to be changed, the proposed language, and the reason for the requested amendment. The applicant shall submit the application materials together with the applicable fee to the Planning Department.

1.   Every zoning district contains certain buildings, structures, and uses of land which are normal and complementary to permitted principal uses in the district, but which, by reason of their physical or operational characteristics, influence on the traffic function of adjoining streets or similar conditions, are often unnecessarily incompatible with adjacent activities and uses. It is the intent of this Section to permit conditional uses in appropriate zoning districts, when designed and developed in a manner which ensures maximum compatibility with adjoining uses. It is the purpose of this Zoning Ordinance to establish principles and procedures for the development and control of such uses.

2.   A Conditional Use Permit shall be issued for all designated conditional uses under the Peoria Zoning Ordinance.

1.   Zoning district regulations established elsewhere in this Zoning Ordinance specify that certain buildings, structures, and uses of land may be allowed by the Planning and Zoning Commission as permitted conditional uses in a given district subject to the provisions of this Ordinance and to requirements set forth in the district regulations.

2.   The Planning Department shall consider any building, structure, or use existing on the effective date of this Ordinance as meeting the requirements and conditions of this Ordinance provided that the building, structure, or use is listed as a Permitted Conditional Use in the applicable zoning district. Continuance of the use shall not require the issuance of a new or additional Conditional Use Permit. However, the Planing Department shall consider a building, structure, or use that fails to conform to the requirements of this Section as non-conforming as described in Section 21-120, "Legal Non-Conformance," and its continuance shall be governed by all non-conformity regulations stipulated in this Zoning Ordinance.

3.   When issued, a Conditional Use Permit shall be applicable only to the specific use and to the specific property for which it is issued. However, once all zoning and site development requirements imposed in connection with the permit have been satisfied and an occupancy permit has been issued, the Conditional Use Permit shall thereafter be transferable and shall run with the land. Thenceforth, maintenance of special conditions imposed by the permit, as well as compliance with other provisions of this Section, shall be the responsibility of the property owner.

4.   A Conditional Use Permit shall terminate upon any interruption or cessation of the use authorized by the Conditional Use Permit for a period of one hundred and eighty (180) days.

5.   A Conditional Use Permit shall expire within eighteen (18) months of the date of approval of the application in the event that: (a) the use has not been exercised; or (b) a building permit or another regulatory permit, or demonstrable evidence to obtain such, is not obtained within this timeframe.

1.   Identification of impacts upon adjacent residential neighborhoods within one quarter mile, or such other distance deemed appropriate by the Zoning Administrator, from the subject site and of the means proposed to address the identified impacts.

2.   Specific conditions proposed by the applicant to make the proposed use compatible with existing permitted principal and conditional uses.

3.   Other data as may be required by the Zoning Administrator in order to determine whether the proposed use qualifies as a conditional use under the Zoning Ordinance and the City's codes and guidelines.

1.   The Zoning Administrator or designee shall review applications for Conditional Use Permits and make a recommendation for approval or denial to the Planning and Zoning Commission based on the criteria identified within this Section.

2.   The Zoning Administrator may recommend to the Planning and Zoning Commission any conditions which are deemed necessary to mitigate potential impacts and ensure compatibility of the use with surrounding development and the City as a whole, and which are required to preserve the public health, safety and general welfare.

3.   The Zoning Administrator shall not recommend approval unless the Department has received a Waiver of Claim for Diminution in Value from the Owner(s) of the property that is the subject of the Conditional Use Permit, or has determined that the absence of such a Waiver of Claim for Diminution in Value is consistent with the City's General Plan and zoning goals and regulations.

1.   The proposed use is consistent with the General Plan and all applicable provisions of this Zoning Ordinance, and applicable state and federal regulations;

2.   The proposed use is consistent with the purpose and intent of the zoning district in which it is located and meets any applicable use-specific standards within this Zoning Ordinance;

3.   The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (such as, but not limited to, hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts);

4.   Any significant adverse impacts anticipated to result from the use will be mitigated or offset to the maximum extent practicable;

5.   Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development;

6.   Adequate assurances of continuing maintenance have been provided; and

7.   Any significant adverse impacts on the natural environment will be mitigated to the maximum extent practicable.

1.   The applicant shall hold at least one neighborhood meeting. The neighborhood meeting shall be held in a neutral location within the general area of the request.

2.   At a minimum, the applicant shall send written notice to interested and affected persons; said parties shall be notified according to the requirements of Section 21-146.

3.   The applicant shall prepare and submit a report to the Department that describes the meeting, number of individuals in attendance, any comments received at the meeting or any other form of communication received regarding the application, how these comments will be evaluated, and any mitigation issues identified as a result of the comments and concerns received.

1.   Requirements for setbacks, open spaces, buffers, fences or walls, and landscaping to mitigate conflicts from visual, noise, lighting and similar impacts associated with the use;

2.   Dedication of street or other public rights-of-way, and control in location of access points and on-site circulation to mitigate traffic impacts from increased volumes or nature of traffic activity associated with the use;

3.   Regulations pertaining to hours of operation, methods of operation, and phasing of the development of the site to mitigate impacts to surrounding properties and the neighborhood;

4.   Time limits on the duration of the permit to determine if the use, after a temporary period of operation, is materially detrimental to public health, safety, or welfare or to evaluate whether changed conditions in the neighborhood effect the capability of the use to continue to adequately mitigate impacts to the surrounding area or the City as a whole.

1.   Prior to the public hearing, notice shall be provided in accordance with Section 21-146.

2.   At the public hearing, the Planning and Zoning Commission may approve, approve with conditions, continue, or deny any application after conducting a public hearing.

a.   If the Commission approves the application, the Department shall issue a Conditional Use Permit setting forth all conditions and requirements imposed pursuant to this Ordinance and adopted by the Commission as part of the approval governing such use.

b.   If the Commission denies the application, the Commission will identify the basis for the denial and the specific criteria in this Ordinance that have not been met by the applicant.

3.   The decision of the Commission is final and effective fifteen (15) calendar days following the date of decision unless an appeal is filed pursuant to this Section.

a.   The owner of the property that is the subject of the Planning and Zoning Commission decision.

b.   Any City of Peoria property owner or property owners within the notification area identified within 21-146.

a.   The appeal must be filed with the Planning Department within fifteen (15) calendar days of the date of the Planning and Zoning Commission decision.

b.   The filing of an appeal will be considered complete upon receipt by the Planning Department.

a.   Appeals filed with the intent to contest prior City Council authorization of the use as a conditionally permitted use or the zoning designation shall be determined by the Zoning Administrator to be invalid, and shall not be forwarded to the appeal body for consideration.

b.   Upon receipt of a valid appeal, the Zoning Administrator shall forward the appeal to City Council as outlined below.

a.   The Department shall set the hearing date for an appeal of a Conditional Use Permit no more than seventy-five (75) days after the date the appeal is filed.

b.   The City Council shall hold the hearing and shall reverse, affirm, or modify the decision of the Commission. The Council shall base its decision on the written findings previously issued by the Planning and Zoning Commission, applicable law, the review criteria stipulated in this Section, and guidelines promulgated by the Planning Department.

c.   If the City Council reverses or modifies the decision of the Planning and Zoning Commission, the City Council shall direct the City Attorney to prepare written findings setting forth the basis for the reversal or modification.

a.   The Zoning Administrator shall have continuing jurisdiction over all Conditional Use Permits and may recommend that a permit be revoked, modified, or suspended should any of the following occur:

1)   The permit was obtained by fraud or misrepresentation;

2)   The use authorized by the permit has been exercised in violation of the conditions of its approval;

3)   A change in circumstances consisting of any of the following has occurred:

a)   Impacts from the approved conditional use to neighboring properties.

b)   Changes in aesthetic or environmental impacts such as noise, odors, or pollution.

4)   The use authorized by the permit has been exercised in a manner that is detrimental to the public health, safety, or welfare of the community or in a manner that constitutes a nuisance to neighboring property owners, adjacent neighborhoods, or the City.

a.   An approved Conditional Use Permit may be revoked, modified, or suspended by the Planning and Zoning Commission at a public hearing if the holder thereof fails to comply with the conditions or terms of approval for such conditional use permit.

b.   The Zoning Administrator shall provide notice of the hearing to the conditional use permit holder via certified mail no later than thirty (30) days prior to the hearing.

c.   Notice and a public hearing shall be provided in the same manner as for Conditional Use Permit applications.

d.   Conditional Use Permits for Adult Uses. For proceedings to revoke, modify, or suspend the approval of a Conditional Use Permit for an Adult Use, the Commission shall consider no criteria other than the a) criteria set forth in this Section, criteria set forth in Sections 21-501 through 21-506 pertaining to Adult Uses, and b) guidelines promulgated by the Zoning Administrator in accordance with said Sections.

e.   All notification shall be completed at the city's expense.

f.   The decision of the Planning Commission shall be final.

1.   For the same or substantially similar use;

2.   Located on the same site; and

3.   Submitted within one (1) year from the date of the final denial or revocation.

A.   Purpose and Applicability.

1.   New development and existing developments which are proposing qualifying building additions, alterations and/or site improvements shall be subject to Section 21-156 of the Zoning Ordinance ("Site Plan Review"). Detached or attached single-family units on individual lots shall not be subject to the Site Plan process.

2.   The Zoning Administrator is authorized by the provisions of the City Code to review site plan applications, and make a determination that the proposed project, or alterations and site improvements are in compliance with the underlying zoning and other applicable ordinances, codes, and regulatory requirements. The Zoning Administrator, or their designee, shall be referred interchangeably hereinafter in this Section as Department.

3.   The regulations provided herein are intended to facilitate the orderly present and future development of the City by promoting the public health, safety, and general welfare, and aesthetic character of the community.

4.   This Section establishes the application requirements, review procedures, and approval criteria utilized by the Department when considering an application for a Site Plan.

B.   Application Requirements. An application for Site Plan Review must include all information required in the official process guide and application packet for Site Plan Review applications made available by the Department, in addition to other information required by the Zoning Administrator or designee based on the nature of the proposed development.

C.   Approval Criteria.

1.   The Department shall review Site Plan applications in accordance with applicable Zoning Ordinance regulations, Peoria Community Design Guidelines, applicable City Code provisions, and other regulatory requirements.

2.   Approval of a Site Plan application shall be given only when in the judgement of the City, such an approval is consistent with the intent and purpose of this Section, and it is determined that the proposed application is:

a.   Consistent with the health, safety, and welfare of the community;

b.   In harmony with the purposes and intent of this Ordinance, the General Plan, and any adopted plan for the area; and

c.   Will not cause traffic related concerns that cannot be mitigated as determined by the City Engineer.

D.   Notice of Decision.

1.    The Department shall notify the applicant, in writing, of the decision to approve or deny the application, and shall state any conditions for approval or reasons for denial in said letter.

2.   The Department shall provide notice of the decision in accordance with the provisions of Section 21-146.

3.   If no appeal is filed within the timeframe specified in subsection E.4.b. of this section, then the decision of the Department shall be final.

E.   Appeal Criteria and Procedure.

1.   The Notice of Decision by the Department may be appealed by the applicant, or any City of Peoria property owner or property owners within the notification area identified within Section 21-146, Notices of the Zoning Ordinance.

2.   The purpose of the appeal criteria provided herein is to fairly accommodate appeal rights of persons aggrieved by City decisions, while also ensuring that appeals are conducted fairly and expeditiously in a manner that protects the rights of all parties and ensures finality in land use decisions and development permitting.

3.   An appeal of a Site Plan decision is limited to instances where the aggrieved party alleges there was an error in a decision or determination in the enforcement of the Zoning Ordinance or applicable regulatory requirements.

4.   To initiate an appeal the Department's decision regarding a site plan application:

a.   A written notice of appeal shall be submitted on a form prescribed by the Department and includes specific citations from the Zoning Ordinance or other regulatory documents in which the Appellant believes the Site Plan does not comply with; and

b.   Be received by the Department within fifteen (15) calendar days after the Notice of Decision has been issued. The deadline shall be extended to the end of the next business day when the deadline occurs on a non-business day.

5.   The filing of an appeal will be considered complete upon receipt of the written appeal by the Department Director within the specified timeframe and meets all of the appeal criteria as specified within subsection above.

F.   Determination by Department Director.

1.   Appeals filed with the intent to contest the proposed land use, the zoning designation, or an approval of a conditional use permit shall be determined by the Department Director to be invalid and shall not be forwarded to an appeal body for consideration.

2.   Upon receipt of a valid appeal, the Department Director shall make a determination as to the nature of the appeal and shall determine the appropriate Hearing Officer to hear the appeal.

3.   Appeals of a technical nature, such as but not limited to utility locations, grading and drainage, or traffic mitigation measures shall be heard by the City Engineer, or designee thereof, acting in capacity of the Hearing Officer.

4.   Appeals regarding exactions or dedications associated with the site plan shall be heard by the Land Use Hearing Officer, which shall be the City Manager or designee.

5.   For all other types of appeals, they shall be heard by the Land Use Hearing Officer, which shall be the City Manager or designee.

G.   Action of Hearing Officer.

1.   The Hearing Officer shall hold a hearing and provide the appellant, applicant, Department staff, and those property owners and registered homeowner's associations within the required notification radius of the subject property an opportunity to present their position. Such hearings shall be informal and the rules of evidence and civil procedure shall not apply. The hearing officer shall have the authority to approve, deny, or modify the request.

2.   The Hearing Officer's decision shall be in writing and shall be provided to the appellant, applicant, the Department, and any property owners and homeowner's association representatives who attended the hearing.

3.   The decision of the Hearing Officer shall be final.

H.   Building Permits Based upon Approved Site Plan.

1.   For all development subject to Site Plan review, an approved Site Plan and proper zoning are required prior to the commencement of any construction or development on the site.

2.   The applicant shall obtain the necessary building and/or construction permits within eighteen (18) months of the date of approval of the Site Plan application. If not obtained within the eighteen (18) month time frame, the applicant may, prior to the date of expiration, file a request for an extension, whereupon the Zoning Administrator may authorize a one-time, six (6) month extension. If the time frame has expired, the applicant shall submit a new Site Plan, together with the applicable documents and fees as stipulated in the above provisions.

I.   Amendments to Approved Site Plans.

1.   When a site plan has been previously approved and alterations to the proposed buildings or site improvements are desired, a site plan amendment will be required if those changes are deemed by the Zoning Administrator or designee to be substantial in nature.

2.   Substantial changes may include, but not be limited to a ten (10) percent increase in a project gross land area, a building or buildings' square footage, or a multi-family project's density, or a material change to the project's land use, or an alteration to the project's circulation pattern.

3.   A site plan amendments shall be submitted, reviewed and approved in accordance with the same Site Plan approval criteria as identified herein.

4.   Any modification which does not substantially change the approved site plan, shall be not require the applicant to obtain new site plan approval and may be addressed through the building permit process.

A.   Application.

1.   An application for a Special Use Permit shall be submitted to the Planning Department on an official application provided by the Department. Submittal requirements shall be as outlined in the Special Use Permit Process Guide and shall include, but not be limited to, the following:

a.   A detailed site plan prepared in accordance with the provisions set forth in Section 21-156 of this Ordinance.

b.   A design review submittal in the City's Community Design Guidelines, and any other applicable provisions.

c.   Identification of off-site impacts and adequate measures proposed to mitigate those impacts including, but not limited to, dust, smoke, noise, odors, lights, or storm water run-off.

B.   Review.

1.   The Planning Department shall review the application in accordance with provisions set forth in the Site Plan and the Community Design Guidelines. City staff will provide initial review of the proposal and will identify issues related to the overall project. Staff will then provide the applicant recommendations and comments on the initial concept of the proposal and the applicant shall revise the proposal accordingly prior to formal submittal of the application.

2.   After the submittal of the application, the Planning Department will transmit the application to the applicable City Departments for formal review. The Planning Department shall transmit all comments in writing to the applicant. The applicant shall then revise and resubmit the application materials that address all of the concerns and issues raised in the comments. Upon final submittal, the Planning Department shall establish the hearing dates for the proposal and shall provide a written report with a recommendation to both the Planning and Zoning Commission and the City Council.

C.   Public Notice and Hearing. The Special Use Permit serves as a zoning overlay, the public notice and hearing process shall be conducted in the same manner as set forth in Section 21-146.

D.   Site Developments Standards.

1.   The Planning Commission or the City Council may establish additional or more stringent standards to mitigate the negative impacts that the proposed special use may have on the surrounding areas. These standards may include but not be limited to the following:

a.   Site coverage, structure height and setback requirement;

b.   Screening;

c.   Off-street parking and loading specifications and improvements;

d.   On-site and off-site street and drainage improvements;

e.   Traffic circulation to include point of vehicular ingress and egress;

f.   Landscaping;

g.   Control of noise, vibration, odor, emissions, hazardous materials and other potentially dangerous or objectionable elements;

h.   Hours of operation;

i.   Time limits within which the Special Use Permit shall cease to exist;

j.   Storm run-offs and water conservation measures; and

k.   Hazardous materials handling.

E.   Findings. In considering an application for a Special Use Permit or an Appeal of a decision denying a Special Use Permit, the Planning and Zoning Commission and City Council shall base the decision on the following findings:

1.   The proposed use is consistent with the goals, policies, objectives and future land use map of the Peoria General Plan and specific elements of the General Plan and any adopted Specific Plan applicable to the site where the proposed special use is located.

2.   The proposed use is in compliance with documentation and recommendations provided by reviewing City Departments.

3.   The proposed use is in compliance with all applicable City Codes, standards and guidelines governing such use.

4.   The proposed special use is adequately served by essential public services, such as street, drainage facilities, fire protection, and public water and sewer.

5.   The proposed special use is designed and landscaped to preserve the character of the neighborhood and that it will not discourage appropriate development or use of surrounding properties.

6.   The proposed special use will not generate adverse impacts on adjoining properties and land uses.

7.   The proposed special use will not be injurious to the public health, safety and welfare of the community.

8.   The Zoning Administrator shall not approve or recommend approval of any Special Use Permit unless the Zoning Administrator has received a Waiver of Claim for Diminution in Value from the Owner or Owners of the property that is the subject of the Special Use Permit, or has determined that the absence of such a Waiver of Claim for Diminution in Value is consistent with the City's General Plan and zoning goals and regulations.

A.   Effective Date. A Special Use Permit shall be in effect upon amendment to the City Zoning Map adopted by the City Council designating the approved use.

B.   Expiration. The expiration or termination of the Special Use Permit shall be in effect upon amendment to the City Zoning Map adopted by the City Council designating the approved use.

C.   Modification.

1.   The applicant to whom the Special Use Permit was granted may request a modification of the Permit in writing to the City of Peoria Community Development Department along with appropriate documents and fee.

2.   The Zoning Administrator or designee(s) shall determine whether or not the requested change(s) is a substantial modification or within the scope of the original Special Use Permit and whether or not the requested change(s) is consistent with the requirements set forth in this Ordinance.

3.   The Zoning Administrator or designee(s) may approve the modification if the change(s) is insubstantial, is within the general purview of the original Special Use Permit, and is consistent with the requirements set forth in this Ordinance.

4.   If the requested change is substantial and is not within the general purview of the original Special Use Permit, or is not consistent with the requirements set forth in this Ordinance, then the matter shall be decided at a public hearing before both the Planning Commission and City Council. All public noticing procedures shall be given in the manner specified in Section 21-146.

D.   Termination and Revocation.

1.   There has been material noncompliance with any conditions prescribed in the Special Use Permit or the approved site plan.

2.   The use covered by the permit or the manner of conducting the operation is a safety hazard to nearby residents or anyone working in the vicinity, detrimental to adjacent properties, to the neighborhood, or to the general public welfare.

3.   The use is being conducted in violation of any provision of this ordinance, or any Federal, State, City, County and other applicable regulations.

a.   The Zoning Administrator shall provide notice of the revocation hearing to the special use permit holder via certified mail no later than thirty (30) days prior to the hearing.

b.   Notice and a public hearing shall be provided in the same manner as for Special Use Permit applications.

c.   All notification of the revocation hearing shall be completed at the city's expense.

d.   The decision of the City Council shall be final.

e.   If a special use permit has been denied or revoked, no application shall be accepted by the Zoning Administrator or designee for a special use permit that is:

1)   For the same or substantially similar use;

2)   Located on the same site; and

3)   Submitted within one (1) year from the date of the final termination or revocation.

1.   In addition to regulating uses which are permanent in nature, it is the intent of Section 21-160 of the Zoning Ordinance, otherwise referred to as the Temporary Uses Section, or Section herein, to accommodate reasonable requests for interim or temporary uses for a limited period of time when such activities are appropriate.

2.   The Temporary Use Section authorizes the City to allow short-term land uses if the use does not interfere with surrounding uses, or pose a threat to public health, safety, and welfare. Allowing temporary uses, as provided for herein is not intended to permanently establish or authorize uses otherwise prohibited by the Zoning Ordinance.

3.   These regulations are intended to ensure that the temporary use is conducted in a manner to maintain compatibility between the temporary use and surrounding area. Any review or approval by the City is solely intended to address City ordinances and regulations, and is not intended to supersede applicable state or federal regulations.

4.   Temporary uses shall be permitted on private property with the issuance of a Temporary Use Permit (TUP) as specified within this Section. Events or activities conducted on City of Peoria owned property, or within public streets or public right-of-way shall obtain a Special Event Permit, which is administered by the City.

5.   This Section establishes the procedures, and criteria to be used by the Department when considering an application for a Temporary Use Permit.

a.   Carnivals, circuses, craft shows, exhibitions, fairs, festivals, home and garden shows, temporary outdoor sales events, or similar special events not otherwise excluded within this Section.

b.   Donation/Recycling Drop-Off Boxes.

c.   Outdoor concerts, and paid admission events.

d.   Events held on unimproved surfaces or lots.

e.   Such other uses as the City may deem to be within the Purpose and Applicability of this Section.

a.   Events utilizing City property, public streets or public right-of-way, provided that the applicant shall coordinate the event with the City as part of the Special Event application process.

b.   Ancillary activities on residential properties, including but not limited to, residential garage or yard sales, open houses, etc.

c.   HOA events or activities, intended for residents only, located on HOA property.

d.   On-site school events.

e.   Other intermittent activities deemed by the Department to be ancillary to the customary use of the property.

f.   Other uses not defined in 21-160.B.1 which meet all of the following criteria:

i.   Limited activity area:

1.   An activity area, which is limited to the following size requirements and summarized within the Table below:

a.   Four thousand (4,000) square feet or less on a site or center that is greater than one (1) acre, but less than five (5) acres in size, or

b.   Ten thousand (10,000) square feet or less on a site or center that is greater than or equal to five (5) acres in size.

2.   For the purposes of this Section, an activity area means the area housing the proposed use and any associated storage. The activity area does not take in to account patron parking for the purposes of tabulating the square foot allowances identified above.

3.   An improved surface without blocking primary drive aisles or site and building general or emergency access.

a.   For the purposes of this Section, an improved site means a site with paved access to the grounds, including curb-cuts as necessary to access public rights-of-way, and paved or dust-proof surfaces for the area occupied by the subject temporary use and associated parking.

ii.   Uses which do not operate between the hours of 10:00 p.m. and 7:00 a.m., and do not occur for more than two (2) days within a thirty (30) day period, per site.

iii.   Uses which are located at least two hundred (200) feet away from a residential structure.

iv.   Uses which provide for all necessary pedestrian and vehicular queuing to occur outside of the right-of-way and outside of any primary or emergency drive aisles.

v.   Events occurring within a designated Entertainment District. Such Entertainment Districts may be adopted by resolution from time to time by the City Council in accordance with A.R.S § 4-207.

1.   All boundaries of the temporary use must remain at least two hundred (200) feet away from Grand Avenue right-of-way.

2.   There is no limit on activity area size to qualify as an exempt temporary use when the use is located within a designated Entertainment District.

1.   Structures utilized for the Temporary Uses of outdoor sales and/or displays that exceed seven (7) days in duration shall be limited only to the following: tents, canopies, and/or membrane structures.

2.   Permanent alterations to the site are prohibited.

3.   All temporary signs associated with the temporary use shall comply with Section 21-710 of the City Code, and all associated signs shall be removed upon completion of the activity.

4.   The temporary use standards of this Section do not exempt the applicant or operator from any other required permits, such as health department permits.

5.   If the property is undeveloped, it shall contain sufficient land area to support the temporary use, including but not limited to, adequate parking and traffic movement to support the event.

6.   Tent and or generator permits shall be required for all uses in accordance with the applicable Fire or Building code, regardless of any Temporary Use Permit Exemptions identified within Subsection 21-160.B.

7.   All uses shall comply with adopted City noise ordinances contained within the City Code.

8.   All Temporary Uses shall prevent activity across improved landscape areas that would negatively impact the landscaped areas.

1.   Must be submitted at least thirty (30) calendar days prior to the proposed commencement of the temporary use. Application made within thirty (30) days of the start date of the event will not be accepted;

2.   Must include all information required in the official process guide and application packet for Temporary Uses made available by the Department. The Zoning Administrator or designee may require additional information as necessary, based on the nature of the proposed temporary use;

3.   Each occurrence of a non-exempt Temporary Use as defined within Section 21-160.B shall require a separate submittal and approval of a Temporary Use Permit Application.

1.   Temporary uses that will operate after 10:00 p.m. or before 7:00 a.m. shall require notice to be posted on site. The notice shall contain the date, time, duration, location and brief description of the event. Notice shall be posted by the City within five (5) City business days.

1.   Review of the Temporary Use Permit application requires reviews and approval from the Department in addition to other City Departments (e.g. Fire, Police, Building Division, etc.).

2.   Approval of the Temporary Use Permit shall be given only when in the judgment of the City such approval is consistent with the intent and purpose of this section of this Ordinance, and it is determined that the use is compatible with nearby uses and will not:

a.   Impair the normal, safe, and effective operation of a permanent use on the same site;

b.   Create a traffic hazard or congestion;

c.   Adversely affect public health, safety, welfare, or convenience; or

d.   Interfere with the normal conduct of uses and activities in the vicinity.

3.   The Department shall notify the applicant, in writing, of the decision to approve or deny the application, and shall state any conditions for approval or reasons for denial in said letter.

1.   Temporary Use Permits for off-site construction yards or residential sales trailers may be permitted for the duration of the project, or as determined by the City.

2.   Temporary Use Permits for Donation/Recycling Drop-Off Boxes may be permitted for a renewable duration not to exceed twelve (12) months, or as determined by the City. Each renewal requires a new Temporary Use Permit application and fee.

3.   All other Temporary Use Permits shall be limited to a maximum of thirty (30) consecutive days per event, and the cumulative total of all Temporary Uses shall not exceed ninety (90) days per calendar year per lot. Not more than twelve (12) Temporary Use Permits shall be granted per lot or complex per calendar year.

4.   The Department may revoke a Temporary Use Permit at any time, if the use no longer satisfies the criteria required in compliance with Section 21-322 or poses a threat to public health, safety, and welfare.

A.   General. The Board of Adjustment may grant a variance that departs from the terms of these zoning regulations pertaining to 1) height or width of structures, 2) size of yard and open spaces, or 3) other development standards where such departure will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape, or topography, and not as a result of the action of the applicant, the literal enforcement of this Ordinance would deprive the owner of the reasonable use of the land and/or building involved.

B.   Application. A request for variance shall be made by filing an official application and development plan, together with the applicable fee, with the Department, at least thirty (30) days prior to the Board meeting. The application shall identify the exceptional conditions and the peculiar and practical difficulties being claimed as a basis for the requested variance. The development plan shall contain sufficient information for the Board to consider the request and make a proper decision on the matter. Such additional materials required for submittal are described in greater detail in the Process Guide.

C.   Evidence Required. At the public hearing the applicant shall present a statement and adequate documentation to demonstrate the following:

1.   Special circumstances or conditions exist on the subject property that does not exist on other property in that zoning district.

2.   The literal interpretation of the provisions of this Ordinance would deprive the appellant of rights commonly enjoyed by other properties in the same zoning district.

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

4.   Granting the variance will not confer upon the applicant any special privilege that is denied by this Ordinance to other land, parcels, structures, or buildings in the same zoning district.

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

D.   Board of Adjustment Action.

1.   Approval. In the event the Board of Adjustment determines that the applicant demonstrates compliance with conditions set forth above in Subsection G.3, of this Section 21-161 it may approve or conditionally approve the variance. Approval may be granted only upon the affirmative vote of the majority of the Board members present.

2.   Findings. In approving or conditionally approving the variance, the Board shall find that:

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

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

3.   Conditions of Approval. In granting any variance, the Board may impose such conditions and safeguards as it deems appropriate to ensure that the purpose and intent of this Ordinance will be fulfilled and to ensure that the integrity and character of the zoning district is maintained.

4.   Considerations. The Board shall not consider the following when considering grounds for granting a variance:

a.   Violations related to uses or structures in the same zoning district.

b.   Permitted uses or structures in other zoning districts.

5.   Denied Application. In the event the Board of Adjustment denies an application for a variance, no permits shall be issued.

E.   Propriety of Variance. Every variance granted shall be personal to the appellant; however, the variance shall be transferable and run with the land after an occupancy permit for any authorized structure or structures has been issued.

F.   Guarantees. The Board of Adjustment may require guarantees in such form as it deems suitable to ensure compliance with any conditions of approval.

G.   Violations. The violation of any condition under which a variance is granted shall cause the variance to cease to exist and any permit(s) therewith shall become null and void.

A.   General. The Board of Adjustment (BOA) shall hear and decide any appeal in which it is alleged there is an error in an order, requirement, or decision made by the Zoning Administrator in the administration or enforcement of the Peoria Zoning Ordinance.

B.   Application. Applications for an appeal of an interpretation shall be filed in writing, with the Department, within thirty (30) days after the action appealed from, together with the applicable fee, and shall specify the grounds thereof. An appeal concerning interpretation or administration of this Ordinance may be filed by any office, department, board, or commission of the City or by an aggrieved person(s), which for the purpose at hand shall be deemed to be any persons(s) who demonstrate to the BOA substantial interest in the appeal or who receive a particular and direct impact from the interpretation that is distinguishable from the effects or impacts upon the general public.

C.   Board of Adjustment Action. Pursuant to A.R.S § 9-462.06, the Board shall reverse or affirm, wholly or partly, or modify the order, requirement or decision of the Department being appealed, and make such order, requirement, decision, or determination as necessary.

A.   General. The Board of Adjustment (BOA) shall hear and act upon appeals for temporary use permits for those uses which are specifically authorized in this Ordinance. The applicant or any party in interest aggrieved by the decision of the Department concerning a Temporary Use Permit may file a notice of appeal with the Board of Adjustment.

B.   Application. An aggrieved person who shall be construed to be the applicant or any party in interest may file an appeal with the Board for a decision of the Department on a Temporary Use Permit. Applications for the appeal shall be fi led in writing, with the Department, on the official form provided by the Department, together with the applicable fee, within seven (7) days after the Department's decision, and shall specify the grounds for the appeal. The Department shall transmit to the Board all papers constituting the record upon which the action appealed from is taken.

C.   Board of Adjustment Action.

1.   Pursuant to A.R.S. § 9-462.06, the Board shall reverse or affirm, wholly or partly, or modify the order, requirement, or decision of the Department being appealed, and make such order, requirement, decision, or determination as necessary.

2.   As part of the terms of any temporary use permit, the Board may stipulate certain restrictions and limitations in accordance with Section 21-322 of this Ordinance.

A.   Applicability. This Section pertains to minor deviations from single-family residential property development standards as described in Section 21-405, Section 21-412, and Section 21-420.

B.   General.

1.   Requests for Administrative Relief shall be limited to a modification from the front, rear, or side yard setbacks or from the maximum percentage of lot coverage, in an amount that is not greater than ten percent (10%) of the setback, or five percent (5%) of the maximum lot coverage permitted by the underlying zoning.

2.   Requests for Administrative Relief shall be acted upon by the Zoning Administrator and shall adhere to the procedures in this Section.

3.   A property owner may seek Administrative Relief for both setback and lot coverage, to be evaluated by the Zoning Administrator.

4.   Requests to deviate from the development standards of the zoning district that do not meet the above criteria shall not be considered a minor deviation available for Administrative Relief, but to be considered a Variance as outlined in Section 21-161.

C.   Conditions of Approval. The Zoning Administrator may authorize Administrative Relief when all of the following conditions are fulfilled:

1.   The requested modification is the minimum modification for the reasonable use and enjoyment of the land and/or structure;

2.   The relief shall not be contrary to the purpose and intent of this Ordinance;

3.   Any proposed improvement is for the accommodation of a use designated as a permitted principal, conditional, or accessory use within the zoning district in which the property is located;

4.   The request is filed for the use and enjoyment of the current property owner, and is not part of multiple applications from an individual homebuilder for a specific subdivision or planned community;

5.   The requested modification will not unduly impact the peace and enjoyment of abutting properties; and

6.   Appropriate and specific conditions as may be deemed necessary in order to fully carry out the intent of this Section have been stipulated by the Zoning Administrator.

D.   Application for Administrative Relief.

1.   A request for Administrative Relief may be filed by any property owner within the City of Peoria.

2.   An applicant shall submit an application for Administrative Relief to the Department on an official form provided by the Department, together with the applicable fee(s). The application shall specify the modifications from the zoning code that are being requested, the reason for the request, and the desired decision.

E.   Notification. The noticing requirements for Administrative Relief are outlined below:

1.   The Department shall send a Notice of Application to each owner of real property that abuts the property requesting an Administrative Relief.

2.   The Department shall send a Notice of Decision regarding the Zoning Administrator's decision to each owner of real property that abuts the subject property requesting an Administrative Relief.

F.   Appeal Criteria and Procedure.

1.   The purpose of the appeal criteria provided herein is to accommodate appeal rights of persons aggrieved by City decisions, while also ensuring that appeals are conducted in a manner that protects the rights of all parties and ensures finality in land use decisions.

2.   An appeal of the Zoning Administrator’s decision is limited to instances where the aggrieved party alleges there was an error in a decision in the enforcement of the Zoning Ordinance or applicable regulatory requirements.

3.   An appeal of the Zoning Administrator’s decision shall be appealed to the Board of Adjustment in accordance with procedures set forth in Section 21-162.

4.   If the nature of the appeal goes beyond the conditions of approval outlined in Section 21-164.C., the Zoning Administrator shall determine the validity of the appeal to go before the Board of Adjustment.

5.   To initiate an appeal of the Zoning Administrator’s decision regarding an Administrative Relief application:

a.   A written notice of appeal shall be submitted on a form prescribed by the Department and includes specific citations from the Zoning Ordinance or other regulatory documents which the applicant or appellant contends has been incorrectly applied; and

b.   The appeal must be received by the Department within fifteen (15) calendar days after the date of the decision. The deadline shall be extended to the end of the next business day when the deadline occurs on a non-business day.

c.   If an appeal is received by the Department within fifteen (15) days of the mailing date of notice, the matter shall be heard by the Board of Adjustment.

G.   Allowance. The granted Administrative Relief shall run with the land.

A.   Purpose and Applicability. New development and existing developments which are proposing qualifying new buildings, building additions, alterations and/or improvements shall be subject to the Design Review process as outlined within the Peoria Community Design Guidelines and allowed under State Law.

B.   Application Requirements. An application for Design Review, or Design Review Waiver, must include all information required in the official process guide and application packet for Design Review applications made available by the Department, in addition to other information required by the Zoning Administrator or designee based on the nature of the proposed development.

C.   Public Notice. No public notice or citizen outreach process is required for a Design Review or Design Review Waiver application.

D.   Review and Approval Criteria.

1.   The Zoning Administrator or designee shall review Design Review or Waiver applications in accordance with applicable Zoning Ordinance regulations. Peoria Community Design Guidelines, applicable City Code provisions, and other regulatory requirements.

2.   Approval of a Design Review or Waiver application shall be given only when in the judgement of the Zoning Administrator or designee, such an approval is in conformance with application regulations and standards within the Zoning Ordinance and consistent with the intent the Peoria Community Design Guidelines.

E.   Appeal.

1.   The applicant may appeal a final decision of the Department on a design review submittal to the Design Review Board. Such appeal shall be filed on the official form provided by the Department, within fifteen (15) calendar days of the Department's decision, to the Department, together with any applicable fee. The appeal shall specifically indicate those items of the final decision by the Department being appealed.

2.   The Department shall submit any response to the appeal and relevant background material on file to the Design Review Board for the next scheduled meeting.

F.   Action of the Design Review Board. The Design Review Board shall hear an appeal within thirty (30) calendar days of submission of the appeal. The Board shall make a decision on the date of the hearing, unless continued at the discretion of the Board, and shall transmit the decision to the applicant in writing. The decision of the Design Review Board shall be final.