A.   Intent. The Planned Area Development District (PAD) is intended to provide an alternative zoning district to the conventional zoning and development approaches and processes in the City of Peoria, Arizona in order that within this designated District the following goals may be achieved:

1.   To enhance the City's development growth in order that the public health, safety, and general welfare be enhanced as Peoria increasingly urbanizes;

2.   To encourage innovations in residential, commercial, and industrial development so that greater opportunities for better housing, recreation, shopping and employment, may extend to all citizens and residents of Peoria;

3.   To reflect changes in the technology of land development;

4.   To encourage a more creative approach in the utilization of land in order to accomplish a more efficient, aesthetic, and desirable development which may be characterized by special features of the geography, topography, size or shape of a particular property; and,

5.   To provide a compatible and stable developed environment, in harmony with that of the surrounding area.

B.   Definitions. Terms in this Section shall have the following definitions:

A.   Land Control. The land included in the proposed PAD shall be under single ownership or control. Single control of property under multiple ownership may be considered when the application includes enforceable agreements, covenants, or commitments that run to the benefit of the City and that the City may require to be recorded if the PAD is approved.

B.   Minimum Acreage.

1.   All Planned Area Developments shall be between ten (10) and six hundred (600) acres in size. The minimum acreage shall be no less than ten (10) acres unless the applicant can show that the minimum PAD requirements should be waived because the waiver would be in the public interest and that one or more of the following conditions exist:

a.   Unusual physical features of the property itself or of the surrounding area are such that development under the standard provisions of this Ordinance would not be appropriate in order to conserve a physical or terrain feature of importance to the neighborhood or community.

b.   The property is adjacent to or across the street or alley from property which has been developed under the provisions of this Section and will contribute to the amenities of the area.

c.   The use of the PAD concept will encourage the use of otherwise undevelopable property, particularly in the case of small undeveloped parcels surrounded or partially surrounded by developed property.

d.   The property is located within the Infill Incentive District.

2.   Acceptance of the waiver for the minimum acreage may be recommended by the Planning and Zoning Commission, upon a finding that one or more of the above conditions enumerated in paragraph B.1 of this Section exist.

A.   Use Standards.

1.   Any land use within the PAD District is allowed subject to consistency with the General Plan, applicable Specific Area Plan, and relevant use limitations or operational restrictions as noted below.

2.   Specific "permitted uses," "conditional uses," "temporary uses" and/or "accessory uses" may be identified and established within the PAD Standards and Guidelines Report. Alternatively, these uses may be identified and established through reference to one or more Peoria Zoning Districts. In such cases, all uses must be specifically defined or references within the PAD Standards and Guidelines Report.

3.   Uses with limitations or operational restrictions shall specifically identify those limitations and/or restrictions within the PAD Standards and Guidelines Report, or alternatively provide a citation to applicable limitations and/or restrictions within the Zoning Ordinance.

4.   In the event of a specific use not being identified within the PAD Standards and Guidelines Report, the Zoning Administrator or designee(s) shall determine the closest associated use based on the provisions of the PAD and/or the Zoning Ordinance as applicable.

B.   Development Standards and Supplemental Regulations.

1.   The PAD District may establish alternate development standards and supplemental regulations as approved by the City Council. Standards and supplemental regulations developed through the PAD process shall be appropriate to the location and context for the site for which the project is proposed. Standards and regulations created through the PAD Overlay should also assist in the fulfillment of the goals, objectives and policies in the General Plan.

2.   Where no specific development standards are identified within the PAD, the development standards for the specified underlying zoning district within the Peoria Zoning Ordinance shall prevail. When no specific supplemental regulations are identified within the PAD, applicable regulations within the City Code, Zoning Ordinance. Peoria Engineering Standards Manual, and Council adopted implementation documents shall apply.

3.   Once development standards are established through the PAD District, they may be amended only through the PAD Amendment process set forth herein, unless otherwise approved through the zoning process.

C.   Processing, Modification and Approval Procedures. Procedures for specific process and approval regulations shall be in accordance with the Peoria Zoning Ordinance unless modified through the PAD District approval process.

A.   Application Processing.

1.   Requests for a new or major amendment to a Planned Area Development (PAD) district shall be processed in accordance with Section 21-153 of the Zoning Ordinance.

2.   If the Zoning Administrator has determined the request to an adopted PAD District is a "minor amendment" in accordance with the criteria identified within Section 21-606. the request shall be processed in accordance with Section 21-606.

B.   Submittal Requirements. Establishment of the application submittal requirements for a new or major amendment to a PAD shall be determined at the time of the preliminary application meeting as outlined in Section 21-143. At a minimum, the following shall be required:

1.   PAD Standards and Guidelines Report.

a.   A Standards and Guidelines Report shall be submitted with the application, and shall meet the content requirements as specified by the Zoning Administrator.

b.   The Report shall function as the development standards framework and shall identify all deviations, standards, references and bulk requirements thereto: where the PAD is silent on a requirement, the applicable Zoning provision, as determined by the Zoning Administrator, shall control.

c.   No provision in the Standards and Guidelines Report shall be construed to negate any applicable provision in the Peoria Engineering Standards Manual or any building or fire code requirement.

2.   Project Narrative. Within the Project Narrative, provide justification for the request as specified within the rezoning process guideline on file with the Planning Department.

C.   Noticing. Major and minor PAD amendments shall be noticed in accordance with Section 21-146.A of the Zoning Ordinance.

A.   Required Findings. The applicant shall address each of the required findings, as set forth below, and shall demonstrate with sufficient, objective information, how the proposed PAD complies with each. The City Council, following a recommendation from the Planning and Zoning Commission, may approve an amendment of the Zoning Map of the City of Peoria to reflect establishment of the PAD on the subject property upon determining that all of the following findings have been met:

1.   That the development proposed is in conformance with the General Plan and applicable Specific Area Plan.

2.   That the streets and thoroughfares proposed are in conformance with the General Plan Circulation Map and will be adequate to serve the proposed uses.

3.   The Planning and Zoning Commission and City Council shall further find:

a.   In the case of proposed residential development, that the development will promote compatible buildings and uses and that it will be compatible with the character of the surrounding area;

b.   That the conceptual site locations proposed for public facilities such as schools, fire protection, law enforcement, water, wastewater, streets, public services and parks, are adequate to serve the anticipated population within the PAD;

c.   In the case of proposed commercial, industrial, institutional, recreational and other non-residential uses or mixed-uses, that such development will be appropriate in area, location and overall planning for the purpose intended; and,

d.   That the development is fiscally sound, as demonstrated in the Cost Impact Analysis, and is consistent with adopted policies, infrastructure plans and applicable Capital Improvement Programs (CIP).

B.   Standards & Guidelines Report. The Planned Area District shall be adopted in accordance with procedures set forth in Section 21-153. The Commission and Council shall consider the PAD "Standards & Guidelines Report" as part of the rezoning application and all provisions and protocols therein set forth in Section 21-153 shall apply to said "Standards & Guidelines Report."

C.   Waiver Claim for Diminution in Value. The Zoning Administrator shall not approve or recommend approval of any establishment or modification of a PAD District 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 PAD request, 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.

(Ord. No. 2024-19, § 2(Exh. A), 12-17-24)

A.   General. Amendments may be requested by the applicant or its successors.

B.   Applicability. Amendments to the approved PAD may be limited to one or more parcels or "development units," and any proposed change will not affect parcels or development units not included in the proposed amendment.

C.   Major or Minor Amendments.

1.   Determination Authority. Amendments to the approved PAD shall be determined to be either a major or minor amendment by the Zoning Administrator using the criteria noted below.

2.   Major Amendments. If the Zoning Administrator determines the amendment to be a major amendment, the amendment request shall be processed in the manner set forth in Sections 21-604 and 21-605. An amendment shall be deemed major if it involves any one of the following:

a.   A change in the overall PAD District Boundary;

b.   An increase in the total number of approved dwelling units or gross leasable area (GLA) by 10% or more for the overall PAD District;

c.   A significant change to the approximate boundary of one or more "development unit(s)" from that approved in the PAD, as determined by the Zoning Administrator. A change to an individual development unit generally shall be deemed to be significant if it represents more than a 10% increase to the approximate gross area of the development unit as approved for the PAD without a corresponding reduction in one or more adjoining “development unit”;

d.   A reconfiguration in land use designation and/or parcel boundaries that increases or decreases the total of any land use type by more than 20% percent within the overall PAD District;

e.   A request for a new land use classification type or category that was not previously approved within the PAD District, as determined by the Zoning Administrator;

f.   Any other proposed change of use or increase in intensity/density that significantly impacts adjoining areas, including significant traffic impact (volume or level of service) or increase in utility infrastructure demand, as determined by the Zoning Administrator; or,

g.   Any other proposed change that substantively alters one or more components of the, PAD as determined by the Zoning Administrator.

3.   Minor Amendments.

a.   Amendments not meeting one or more of the criteria listed above in Subsection D. shall be considered minor. If the Zoning Administrator determines the amendment to be minor, the decision is final unless appealed in a timely manner pursuant to Section 21-607.

b.   If no appeal is filed, or the appeal to be determined to be invalid pursuant to Section 21-607, then the Zoning Administrator may administratively act on the amendment and attach stipulations or conditions of approval thereto, to protect the public health, safety and welfare.

A.   Appeal of an Amendment Classification.

1.   Filing.

a.   For Map Changes: An appeal may be filed by the owner of the property that is the subject of the decision, or by any property owner(s) within 300 feet of the requested change.

b.   For All Other Changes: An appeal may be filed by the owner of the property that is the subject of the decision, or by any property owner(s) within 1,320 feet of the requested change.

2.   Form and Deadline.

a.   The appeal shall be submitted on a form provided by the Planning Department and must specify the grounds for the appeal.

b.   The appeal must be received within fifteen (15) days of publication of the Zoning Administrators decision.

3.   Validity.

a.   Appeals filed with the intent to contest prior City Council adoption and authorization of a permitted or conditionally permitted use, or a zoning district, shall be determined by the Zoning Administrator to be invalid.

b.   Appeals determined to be valid shall be forwarded to the Board of Adjustment on the next available agenda and processed in accordance with Section 21-162.

B.   Appeal of a Planning Department Decision.

a.   Appeals shall be in writing on a form provided by the Planning Department and shall include only the specific items being appealed.

b.   The Planning Department will submit a report and any background material regarding the appeal to the Planning and Zoning Commission for its next scheduled meeting. Any persons associated with the action being appealed shall be informed by the Planning Department of the date, time, and location of the appeal hearing.

c.   The Planning and Zoning Commission's decision on the appeal will be sent out (in writing) to the applicant. The decision of the Planning and Zoning Commission will be final, unless the applicant initiates an appeal to the City Council.

C.   Appeal of Planning and Zoning Commission decision to Council. An action or decision by the Planning and Zoning Commission may be appealed by the applicant within ten (10) calendar days after the date of the Commission decision.

a.   Appeals shall be in writing on a form provided by the Planning Department and shall include the specific items being appealed and the nature upon which the decision was in error.

b.   The Planning Department shall transmit to the City Council a transcript, with exhibits, of the Planning and Zoning Commission's hearing. The City Council shall review the transcript and exhibits and may, at their discretion, hear further oral or written comments.

c.   The City Council may affirm the decision of the Planning and Zoning Commission; or remand the matter for further proceedings before the Planning and Zoning Commission; or reverse or modify the Planning and Zoning Commission's decision.

A.   To enhance the City's development and to promote the public health, safety, and general welfare.

B.   To provide within such areas a combination of land uses, which may include a variety of residential types, commercial, industrial, public and semi-public areas, arranged and designed in accordance with sound site planning principles and development techniques; and in such a manner as to be properly related to each other, the immediate surrounding area, the planned thoroughfare system, and other public facilities such as water and sewer systems, parks, schools and utilities.

C.   To encourage a more creative approach in the utilization of land in order to accomplish an efficient, aesthetic, and desirable development which may be characterized by special features of the geography, topography, size or shape of a particular property.

D.   To establish planning and development control parameters tailored to the opportunities and constraints of the property while allowing sufficient flexibility to permit final detailed planning and the precise distribution of the approved density and intensity of the project at the time of site plan or subdivision application submittal.

E.   To provide reasonable assurances to the City and land developer that the proposed development may be planned and carried out in one or more phases over an extended period of time, in accordance with an approved PCD "Development Plan" and "Standards & Guidelines Report".

F.   To assure that the PCD is developed in accordance with a PCD "Development Plan" and "Standards & Guidelines Report". The PCD "Development Plan" and “Standards & Guidelines Report” shall be designed to fulfill the goals established by the General Plan, provide development standards promoting an appropriate balance of land uses, and promote the planning of public facilities designed to serve the projected population.

A.   Land Control. The land included in the proposed PCD shall be under single ownership or control. Single control of property under multiple ownership may be considered when the application includes enforceable agreements, covenants, or commitments that run to the benefit of the City and that the City may require to be recorded if the PAD is approved.

B.   Minimum Acreage. All Planned Community District shall be six hundred (600) or more acres in size.

A.   Use Standards.

1.   Any land use within the PCD District is allowed subject to consistency with the General Plan, applicable Specific Area Plan, and relevant use limitations or operational restrictions as noted below.

2.   Specific "permitted uses," "conditional uses," "temporary uses" and/or "accessory uses" may be identified and established within the PCD Standards and Guidelines Report. Alternatively, these uses may be identified and established through reference to one or more Peoria Zoning Districts. In such cases, all uses must be specifically defined or references within the PCD Standards and Guidelines Report.

3.   Uses with limitations or operational restrictions shall specifically identify those limitations and/or restrictions within the PCD Standards and Guidelines Report, or alternatively provide a citation to applicable limitations and/or restrictions within the Zoning Ordinance.

4.   In the event of a specific use not being identified within the PCD Standards and Guidelines Report, the Zoning Administrator or designee(s) shall determine the closest associated use based on the provisions of the PAD and/or the Zoning Ordinance as applicable.

B.   Development Standards and Supplemental Regulations.

1.   The PCD District may establish alternate development standards and supplemental regulations as approved by the City Council. Standards and supplemental regulations developed through the PCD process shall be appropriate to the location and context for the site for which the project is proposed. Standards and regulations created through the PCD Overlay should also assist in the fulfillment of the goals, objectives and policies in the General Plan.

2.   Where no specific development standards are identified within the PCD, the development standards for the specified underlying zoning district within the Peoria Zoning Ordinance shall prevail. When no specific supplemental regulations are identified within the PCD, applicable regulations within the City Code, Zoning Ordinance, Peoria Engineering Standards Manual, and Council adopted implementation documents shall apply.

3.   Once development standards are established through the PCD District, they may be amended only through the PCD Amendment process set forth herein, unless otherwise approved through the zoning process.

C.   Processing, Modification and Approval Procedures. Procedures for specific process and approval regulations shall be in accordance with the Peoria Zoning Ordinance unless modified through the PCD District approval process.

A.   Application Processing.

1.   Requests for a new or major amendment to a Planned Community District (PCD) shall be processed in accordance with Section 21-153 of the Zoning Ordinance.

2.   If the Zoning Administrator has determined the request to an adopted PCD is a "minor amendment" in accordance with the criteria identified within Section 21-613, the request shall be processed in accordance with Section 21-613.

B.   Submittal Requirements. Establishment of the application submittal requirements for a new or major amendment to a PCD shall be determined at the time of the preliminary application meeting as outlined in Section 21-143. At a minimum, the following shall be required:

1.   PCD Standards and Guidelines Report.

a.   A Standards and Guidelines Report shall be submitted with the application, and shall meet the content requirements as specified by the Zoning Administrator.

b.   The Report shall function as the development standards framework and shall identify all deviations, standards, references and bulk requirements thereto; where the PCD is silent on a requirement, the applicable Zoning provision, as determined by the Zoning Administrator, shall control.

c.   No provision in the Standards and Guidelines Report shall be construed to negate any applicable provision in the Peoria Engineering Standards Manual or any building or fire code requirement.

2.   Project Narrative. Within the Project Narrative, provide justification for the request as specified within the rezoning process guideline on file with the Planning Department.

C.   Noticing. Major and minor PCD amendments shall be noticed in accordance with Section 21-146.A of the Zoning Ordinance.

A.   Required Findings. The applicant shall address each of the required findings, as set forth below, and shall demonstrate with sufficient, objective information, how the proposed PCD complies with each. The City Council, following a recommendation from the Planning and Zoning Commission, may approve an amendment of the Zoning Map of the City of Peoria to reflect establishment of the PCD on the subject property upon determining that all of the following findings have been met:

1.   That the development proposed is in conformance with the General Plan.

2.    That the streets and thoroughfares proposed are in conformance with the General Plan Circulation Map and will be adequate to serve the proposed uses.

3.    The Planning and Zoning Commission and City Council shall further find:

a.   In the case of proposed residential development, that the development will promote compatible buildings and uses and that it will be compatible with the character of the surrounding area;

b.   That the conceptual site locations proposed for public facilities such as schools, fire protection, law enforcement, water, wastewater, streets, public services and parks, are adequate to serve the anticipated population within the PCD;

c.   In the case of proposed commercial, industrial, institutional, recreational and other non- residential uses or mixed-uses, that such development will be appropriate in area, location and overall planning for the purpose intended; and,

d.   That the development is fiscally sound, as demonstrated in the Cost Impact Analysis, and is consistent with adopted policies, infrastructure plans and applicable Capital Improvement Programs (CIP).

B.   Standards & Guidelines Report.

1.   The Planned Community District shall be adopted in accordance with procedures set forth in Section 21-153. The Commission and Council shall consider the PCD "Development Plan" and "Standards & Guidelines Report" as part of the rezoning application and all provisions and protocols therein set forth in Section 21-153 shall apply to said "Development Plan" and "Standards & Guidelines Report."

2.   At the time a PCD is approved by the City Council, the associated "Development Plan" and "Standards & Guidelines Report" shall become an integral part of the Peoria zoning regulations for the PCD established by the City on the property. All future development within the adopted PCD shall thereafter be in conformity with the "Development Plan" and "Standards & Guidelines Report."

C.   Waiver Claim for Diminution in Value. The Zoning Administrator shall not approve or recommend approval of any establishment or modification of a PCD District 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 PCD request, 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.   General. Amendments may be requested by the applicant or its successors.

B.   Applicability. Amendments to the approved PCD may be limited to one or more parcels or "development units" and any proposed change will not affect parcels or development units not included in the proposed amendment.

C.   Major or Minor Amendments.

1.   Determination Authority. Upon receipt of an amendment application to the Planning Department, the Zoning Administrator shall determine if the proposed amendment constitutes a major or minor amendment using the criteria noted below.

2.   Major Amendments, If the Zoning Administrator determines the amendment to be a major, the amendment request shall be processed in the manner set forth in Sections 21-611 and 21-612. An amendment will be deemed Major if it involves any one of the following:

a.   A change in the overall PCD Boundary;

b.   An increase in the total number of approved dwelling units or gross leasable area (GLA) by 10% or more for the overall PCD;

c.   A significant change to the approximate boundary of one or more "development unit(s)" from that approved in the PCD, as determined by the Zoning Administrator. A change to an individual development unit generally shall be deemed to be significant if it represents more than a ten percent (10%) increase to the approximate gross area of the development unit as approved for the PCD without a corresponding reduction in one or more adjoining “development unit;”

d.   A reconfiguration in land use designation and/or parcel boundaries that increases or decreases the total of any land use type by more than 20% within the overall PCD District;

e.   A request for a new land use classification type or category that was not previously approved within the PCD District, as determined by the Zoning Administrator;

f.   Any other proposed change of use or increase in intensity/density that sign ificantly impacts adjoining areas, including significant traffic impact (volume or level of service) or increase in utility infrastructure demand, as determined by the Zoning Administrator; or,

g.   Any other proposed change which substantively alters one or more components of the PCD as determined by the Zoning Administrator.

3.   Minor Amendments.

a.   Amendments not meeting one or more of the criteria listed in Subsection (D) shall be considered minor. If the Zoning Administrator determines the amendment to be minor, the decision is final unless appealed in a timely manner pursuant to Section 21-614.

b.   If no appeal is filed, or the appeal to be determined to be invalid pursuant to Section 21-614, then the Zoning Administrator may administratively act on the amendment and attach stipulations or conditions of approval thereto, to protect the public health, safety and welfare.

A.   Appeal of an Amendment Classification.

1.   Filing.

a.   For Map Changes: An appeal may be filed by the owner of the property that is the subject of the decision, or by any property owner(s) within 300 feet of the requested change.

b.   For All Other Changes: An appeal may be filed by the owner of the property that is the subject of the decision, or by any property owner(s) within 1,320 feet of the requested change.

2.   Form and Deadline.

a.   The appeal shall be submitted on a form provided by the Planning Department and must specify the grounds for the appeal.

b.   The appeal must be received within fifteen (15) days of publication of the Zoning Administrators decision.

3.   Validity.

a.   Appeals filed with the intent to contest prior City Council adoption and authorization of a permitted or conditionally permitted use, or a zoning district, shall be determined by the Zoning Administrator to be invalid.

b.   Appeals determined to be valid shall be forwarded to the Board of Adjustment on the next available agenda and processed in accordance with Section 21-162.

B.   Appeal of a Planning Department Decision. An action or decision by the Planning Department on minor amendments may be appealed by the applicant within ten (10) calendar days from the date of the Zoning Administrator’s decision.

1.   Appeals shall be in writing on a form provided by the Planning Department and shall include only the specific items being appealed.

2.   The Planning Department will submit a report and any background material regarding the appeal to the Planning and Zoning Commission for its next scheduled meeting. Any persons associated with the action being appealed shall be informed by the Planning Department of the date, time, and location of the appeal hearing.

3.   The Planning and Zoning Commission's decision on the appeal will be sent out (in writing) to the applicant. The decision of the Planning and Zoning Commission will be final, unless the applicant initiates an appeal to the City Council.

C.   Appeal of Planning and Zoning Commission Decision to Council. An action or decision by the Planning and Zoning Commission may be appealed by the applicant within ten (10) calendar days after the date of the Commission decision.

1.   Appeals shall be in writing on a form provided by the Planning Department and shall include the specific items being appealed and the nature upon which the decision was in error.

2.   The Planning Department shall transmit to the City Council a transcript, with exhibits, of the Planning and Zoning Commission's hearing. The City Council shall review the transcript and exhibits and may, at their discretion, hear further oral or written comments.

   3.   The City Council may affirm the decision of the Planning and Zoning Commission; or remand the matter for further proceedings before the Planning and Zoning Commission; or reverse or modify the Planning and Zoning Commission's decision.

A.   For each square foot of land gained for permanent open space through reduction of lot sized below minimum requirements established in Section 21-415, an equal amount of land shall be either dedicated to the common use of the residents in the development in a manner to be approved by the Council or, subject to the approval of the Council, dedicated to the City for public park purposes.

B.   Sites to be dedicated for either public park or resident recreation purposes shall be so located and dimensioned as to be usable and developable for such purposes and shall be subject to approval by the City as part of either the subdivision plat or site plan approval process. The sponsor shall dedicate the total proposed park area at the same time a final plat is filed for all or any portion of the subdivision or upon application for a building permit for an approved site plan.

C.   Sites dedicated for public park purposes shall abut a public street on at least one side and shall be at least four (4) acres in net area and not divided by a street, alley, canal or other physical barrier.

D.   When the open space is dedicated to a property owner's association, such park area shall be held, improved and maintained in accordance with a homeowners' agreement satisfactory to the Council, and such agreement shall be recorded as a part of the initial plat or approved site plan. In the event of any default in terms of such agreement, the open space shall, at the discretion of the City, either be conveyed to the City or the property owners who are party to the agreement shall be assessed equally as a tax lien to correct the deficiency.

A.   Originally referred to as the Old Town Mixed Use (OTMU) District and the Old Town Core Area, the “Downtown Area” has been envisioned and planned as a vibrant, walkable, mixed-use area for civic, historic, residential, commercial and employment uses. This concentration of complimentary uses and community interests are located within a small geographic area comprised of the sub-districts identified herein.

B.   The purpose of this Downtown (D) District is intended to provide the necessary land use regulations and development standards to implement the goals and policies as set forth in the Peoria General Plan, along with support the principles and guidelines within the Peoria Community Design Guidelines in furtherance of these objectives.

C.   To support the desired high quality, walkable urban development pattern within the “Downtown Area”, the Downtown District regulations and standards provided herein are intended to:

1.   Promote and protect the character of the diverse collection of vibrant mixed-use pedestrian-oriented sub-districts;

2.   Promote an enhanced, pedestrian-oriented, streetscape environment on key streets within the Downtown Area;

3.   Encourage economic niches which may include a variety of commercial and residential uses that activate the streetscape.

4.   Encourage development which creates a compacted pedestrian environment and promote pedestrian activities that would balance day and night uses.

5.   Incorporate contextually sensitive planning, architecture and urban design;

6.   Promote arts and culture as a key component within streetscapes and public gathering areas; and

7.   Encourage new development or redevelopment to be compatible with adjacent historic or culturally significant structures in scale, massing, building materials, and orientation.

A.   The “Downtown Area” is bounded by 85th Avenue on the west, Peoria Avenue on the north, and Grand Avenue on the east. The southern boundary follows along Monroe Street from 85th Avenue to 83rd Avenue, where it then proceeds southward on 83rd Avenue until it meets Cotton Crossing. From there, the boundary proceeds northeasterly until it reaches Grand Avenue. Refer to Exhibit 21-620.A which graphically illustrates the “Downtown Area.”

B.   The Downtown (D) District regulations and standards shall only be applied to property located within the “Downtown Area” as defined above and illustrated within Exhibit 21-620.A.

C.   All uses shall be subject to the applicable provisions of the Zoning Ordinance. However, where the regulations and standards established by the Downtown District conflict with other provisions of the ordinance, the regulations and standards set forth in the Downtown District shall govern.

A.   Downtown/Commercial Mixed-Use (D/CM). The Downtown/Commercial Mixed-Use designation allows for retail and service businesses mixed with residential, cultural, educational, community, recreational, entertainment uses. Architecturally enhanced parking structure, street level office, business, or community uses that create a pedestrian friendly environment are strongly encouraged.

B.   Downtown/Residential Mixed-Use (D/RM). The Downtown/Residential Mixed-Use designation allows for primarily single-family and multi-family residential uses. Limited types of non-residential uses adapted to the residential structures are permitted in the Residential Mixed-Use area. Non-residential uses may include small-scale entrepreneurial, pedestrian-oriented goods and services, family-owned business, bed and breakfast establishments, and small professional or home business whose business is primarily oriented to users in the Downtown area.

A.   Explanation of Table Abbreviations.

1.   Permitted Uses.

a.   “P” indicates that the use is allowed by right. Permitted uses are subject to all other applicable regulations of this Zoning Ordinance, including the use-specific standards, along with compliance with the Peoria Community Design Guidelines.

b.   “P” indicates that the use is allowed by right, unless it is located within two hundred (200) feet of a residential use, then it shall be deemed as a “Conditional Use” which shall be permitted upon receiving a Conditional Use Permit (CUP) as defined below.

2.   Conditional Uses.

a.   "C” indicates that in the respective zoning district, the use is allowed only if reviewed and approved in accordance with the procedures of Section 21-321, Conditional Use Permits. Conditional uses are subject to all other applicable regulations of this Zoning Ordinance, including the use-specific standards, along with compliance with the Peoria Community Design Guidelines.

b.   The “C” designation in Table 21-503 does not constitute an authorization or an assurance that such use will be permitted. Rather, each conditional use permit application shall be evaluated as to its probable effect on adjacent properties and surrounding areas, among other factors, and may be approved or denied pursuant to the procedures in Section 21-321, Conditional Use Permits.

3.   Prohibited Uses. “-” indicates that the use is prohibited in the respective zoning district.

4.   Accessory and Temporary Uses. The “A” designation indicates the use is permitted within the zoning district as an accessory to a primary use. In those instances where a permanent use is not defined or present, the “T” designation indicates the subject use may be installed on a temporary basis, subject to applicable specific standards.

5.   Use-Specific Standards. Regardless of whether a use is allowed by right or as a conditional use, there may be additional standards that are applicable to the use. Use-specific standards are noted through a cross-reference in the last column of the table. Cross-references refer to Section 21-505 Use-Specific Standards and apply to all districts unless otherwise specified.

B.   Table Organization. In Table 21-622, land uses and activities are classified into general "use categories" and specific "use types" based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within the categories. Certain uses may be listed in one category when they may reasonably have been listed in one or more other categories. Therefore, the “use categories” are intended merely as an indexing tool and are not regulatory.

C.   Use for Other Purposes is Prohibited. Approval of a use listed in Table 21-622, and compliance with the applicable use-specific standards for that use, authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 21-622 is prohibited.

D.   Classification of New and Unlisted Uses. When application is made for a use category or use type that is not specifically listed in Table 21-622, the following procedure shall be followed:

1.   The Zoning Administrator shall provide an interpretation of the Ordinance in accordance with Section 21-311 as to the use category and/or use type into which such use should be placed. In making such interpretation, the Zoning Administrator shall consider its potential impacts, including but not limited to: the nature of the use; the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and the general requirements for public utilities such as water and sanitary sewer.

2.   Appeal of the Zoning Administrator’s decision may be made to the Board of Adjustment following procedures under Section 21-162 of this Zoning Ordinance.

A.   Residential Land Uses.

1.   Residential uses are prohibited on the first floor of all buildings located along or abutting Washington Street and 83rd Avenue.

2.   Accessory buildings for single-family residences shall be subject to the limitations contained in Section 21-315 of this Ordinance.

B.   Commercial and Retail Uses.

1.   Within the D/CM and D/RM district, all of the following shall apply:

a)   All Drive Through and/or Drive-Up Services are prohibited. Drive Through and/or Drive-Up Services include, but are not limited to services offered by a Restaurant, Financial Institution, Pharmacy, Dry Cleaning or Laundry Service, Convenient Stores, etc.

b)   Warehousing or indoor storage of goods and material beyond that normally incidental to permitted uses shall be prohibited.

2.   Automobile Related.

a)   Automotive Uses shall be limited to developments with arterial street frontages and to properties having a Certificate of Occupancy as of July 1, 2005.

3.   Eating & Drinking Establishments.

a)   Microbrewery, Microwinery, or Distillery.

i.   The restaurant or serving area operating in conjunction with the Microbrewery or Distillery shall occupy a minimum of 25% of the total floor area.

b)   Outdoor Dining and Patio Areas are subject to the following additional provisions:

i.   Hours of operation shall be limited to the hours of operation of the associated primary use.

ii.   A four (4) foot unobstructed walkway containing at least seven (7) feet of vertical clearance shall be maintained at all times.

iii.   Outdoor seating areas shall not obstruct pedestrian circulation, drive aisles, fire lanes, loading zones, or any location that may cause hazardous conditions, or constitute a threat to the public health, safety and welfare.

c)   Restaurant, Full Service.

i.   Full Service and Limited Service Restaurants located in Downtown/Residential Mixed-Use (D/RM) shall not exceed 2,000 square feet of gross floor area for kitchen preparation, serving area, and outdoor dining.

ii.   Drive-through services are not permitted as referenced herein (see Sec. 21-623.B.1).

d)   Restaurant, Limited Service.

i.   Full Service and Limited Service Restaurants located in Downtown/Residential Mixed-Use (D/RM) shall not exceed 2,000 square feet of gross floor area for kitchen preparation, serving area, and outdoor dining.

ii.   Drive-through services are not permitted as referenced herein (see Sec. 21-623.B.1).

e)   Restaurant, Walk-up.

i.   The maximum floor area of the restaurant shall be limited to 250 square feet when operating as a stand-alone business.

ii.   The maximum floor area of the Walk-Up restaurant does not apply when operating as an accessory use to an existing Full Service or Limited Service Restaurants.

4.   Entertainment and Recreation.

a)   The total gross floor area of a Commercial Entertainment or Commercial Recreation use shall not exceed 5,000 square feet in the D/CM and D/RM sub-district. The area restriction excludes a Public, Civic and Institutional uses and amenity areas for a multi-family residential development.

5.   Financial Institution and Services.

a)   Automated Teller Machines (ATMs) are permitted as a walk-up or walk-in ancillary use to principally permitted use. Standalone ATMs are not permitted.

b)   As referenced in Sec. 21-623.B.1, drive-through services are not permitted.

6.   General Retail, Indoor.

a)   Refer to Sec 21-505.E for special limitations on General Retail except as modified herein.

7.   Kiosk.

a)   Operators shall secure a lease agreement to operate on City property.

8.   Maintenance and Repair Services, Indoor, means the on-site maintenance or repair of office machines, household appliances, furniture, and similar items.

a)   This classification excludes maintenance and repair of vehicles or boats and personal apparel (See Personal Services).

9.   Personal Services.

a)   Refer to Sec 21-505.K for special limitations on Body Piercing and Tattoo Studios.

b)   Pursuant to Sec. 21-623.B, drive-through services are not permitted.

10.   Open-Air Markets.

a)   Open-air market shall occur wholly within a property (or properties) without interference of fire lanes, creation of a cause hazardous conditions, or constitute a threat to the public health, safety and welfare.

C.   Public, Civic and Institutional Uses.

1.   Clubs and Lodges.

a)   Refer to Sec 21-505.C for special limitations on Recreation, Social Clubs.

2.   Community Garden.

a)   Mobile restrooms are prohibited.

b)   Community Garden may operate as an Accessory Use in conjunction with a non-residential or multi-family residential principal use on the subject site or adjoining lot.

c)   When operating as a temporary use, a Community Gardens shall secure a Temporary permits from the City.

i.   Temporary Use permits for a Community Garden shall be limited to a maximum duration of twelve (12) months per approval.

ii.   Temporary Use permits for a Community Garden may be renewable provided the Community Garden is in good-standing and the cumulative allowance of gardening operation on the lot does not exceed three (3) consecutive years.

iii.   Each renewal requires a new Temporary Use Permit application and fee.

3.   Day Care Centers and Pre-School Centers.

a)   Refer to Sec 21-505.F for special limitations.

4.   Group Care Facility.

a)   The identified provisions in Sec 21-812.C for special limitations that shall similarly be applied within the D/RM and D/CM zoned districts.

5.   Group Homes, Less Than 10 Residents.

a)   The identified provisions in Sec 21-812.C for special limitations that shall similarly be applied within the D/RM and D/CM zoned districts.

6.   Parking Lot, Garage or Structure.

a)   A street frontage landscape buffer with a minimum width of 15 feet is required for any parking structure.

b)   Parking spaces within the front setback areas are discouraged.

D.   Accessory Uses.

1.   The following uses are prohibited as Accessory Uses within the D/CM and D/RM sub-district:

a)   Permanent Outdoor Storage. Permanent and/or persistent outdoor storage of goods and materials is prohibited.

b)   Storage or parking of recreational vehicles and utility trailers.

c)   Moving Truck, Trailer, and Equipment Rental.

d)   Donation/Recycling Drop-Off Boxes.

2.   Within the D/CM and D/RM sub-district, uses that are customarily incidental to a permitted principal use on the site are allowed to occur as an Accessory Use on the site when operating in compliance with all other applicable city requirements.

3.   Outdoor Displays and Sales Area are permitted accessory uses to subject to the special limitations identified in Section 21-505, and as modified herein:

a)   No merchandise shall be located beyond eight (8) feet from the building frontage.

b)   A four (4) foot unobstructed walkway containing at least seven (7) feet of vertical clearance shall be maintained at all times.

c)   The use shall not obstruct pedestrian or vehicle circulation, or be located within drive aisles, fire lanes, loading zones, or any location that may cause hazardous conditions, or constitute a threat to the public health, safety and welfare.

d)   The site shall be restored to its previous condition after each use. Permanent alterations to the site are prohibited.

A.   Parking Facilities. There is no minimum requirement for parking spaces in the Downtown Area. To promote the urban form outlined in Section 21-619, developments are encouraged to locate parking facilities behind buildings and structures, and/or offer shared or joint parking arrangements.

B.   Landscape Requirements. There are no minimum on-site landscape requirements. However, all portions of the development not occupied by buildings, structures, vehicular access, and parking shall be landscaped in accordance with Section 21-818.

C.   Downtown District Standards. The development standards provided herein are applicable to all subzones within the Downtown District. Table 21.624.D.1. is applicable when only non-residential uses are proposed, or they are proposed in combination with residential uses. For residential (only) projects, utilize Table 21.624.D.2.

A.   The protection, enhancement and perpetuation of landmarks and historic districts are necessary to promote the economic, cultural, educational, and general welfare of the citizens of the City of Peoria. The identity of a people is founded in its past, and inasmuch as the City of Peoria has significant historic, cultural, and architectural resources which constitute its heritage, this Section is intended to:

1.   Protect and enhance the historic resources, landmarks, and historic districts which represent distinctive elements of Peoria's historic, architectural, and cultural heritage;

2.   Foster civic pride in accomplishments of the past;

3.   Protect and enhance Peoria's attractiveness to visitors and the support and stimulus to the economy thereby provided; and,

4.   Enhance and implement the General Plan for the City of Peoria.

A.   The Historic Preservation Commission may recommend to the City Council that an individual property be designated as a landmark if it:

1.   Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation;

2.   Is identified with historic personages;

3.   Embodies the distinguishing characteristics of an architectural style;

4.   Is the work of a designer whose work has significantly influenced an age; or

5.   Because of a unique location or singular physical characteristic, represents and established and familiar visual feature of the neighborhood.

B.   The Historic Preservation Commission may recommend to the City Council that a group of properties in an identifiable area be designated as an historic district if:

1.   The area contains several properties that meet one or more of the criteria for designation of a landmark;

2.   By reason of possessing such qualities, the area constitutes a historic district of the City; or,

3.   A majority owner(s) of the properties concur with the designation.

C.   Notice of a proposed designation and all associated hearings shall be provided in the manner required for Rezoning applications as described in Section 21-146.

D.   The Historic Preservation Commission shall hold a public hearing prior to designation of any landmark or historic district. The testimony or documentary evidence at the hearing will become part of a record regarding the historic, architectural, or cultural importance of the proposed landmark or historic district. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing. The report and recommendation of the Historic Preservation Commission shall then be forwarded to the Planning and Zoning Commission for review and public hearing. Any recommendation of approval may be subject to such conditions as the commission deems applicable in order to fully carry out the provisions and intent of this Section.

E.   After receiving the reports and recommendations of the Historic Preservation Commission and the Planning and Zoning Commission, the City Council shall make a final determination in the designation of any landmark or historic district. The City Council may take action as follows:

1.   Approve the request;

2.   Deny the request;

3.   Modify the recommendations of the Historic Preservation Commission and/or the Planning and Zoning Commission and adopt the request as modified; or,

4.   Remand the matter back to the Planning and Zoning Commission or the Historic Preservation Commission for further consideration.

A.   No person shall perform any work that alters the exterior of any landmark or changes the appearance of any property within an historic district, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley without first obtaining a Certificate of Appropriateness or a Finding of Hardship from the Peoria Historic Preservation Commission. This includes, but is not limited to, exterior alteration, restoration, reconstruction, demolition, new construction, or relocation of such buildings, structures, and elements.

A.   Prior to the commencement of any work requiring a Certificate of Appropriateness the property owner shall file an application for such a certificate on the official form provided by with the Planning Department.

B.   No building permit shall be issued for such a proposed work until the Historic Preservation Commission has first issued a Certificate of Appropriateness. The Certificate of Appropriateness required by this act shall be in addition to and not in lieu of any building permit that may be required by any other ordinance or the City of Peoria.

A.   The Historic Preservation Commission shall hold a public hearing for each application for a Certificate of Appropriateness. The hearing shall be posted and noticed in accordance with A.R.S. § 9-462.04.

B.   The Commission shall approve, deny, or approve the permit with modifications.

C.   In its review and consideration of an application for a Certificate of Appropriateness, the Historic Preservation Commission shall not consider changes to interior spaces, unless they are open to the public, or to architectural features that are not visible from a public street or alley.

D.   The Commission's decision shall be based upon the following principles:

1.   Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible;

2.   Any alteration of existing historic landmark properties shall be compatible with their historic character. Any alteration of existing properties within a historic district shall be compatible with their historic character as well as with the surrounding district; and,

3.   New construction shall be compatible with the district in which it is located.

E.   In applying the principle of compatibility, the Commission shall consider the following factors:

1.   The general design character and appropriateness to the property of the proposed alteration or new construction;

2.   The scale of proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood;

3.   Texture, materials, and color and their relation to similar features of other properties in the neighborhood;

4.   Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings with the facade, roof shape, and the rhythm of spacing of properties on streets, including setback; and,

5.   The importance of historic, architectural or other features to the significance of the property.

F.   The Commission shall utilize the Secretary of the Interior's Standards for Rehabilitation (1990 edition) as a guide for its decisions with respect to review of applications for Certificate of Appropriateness.

G.   All decisions of the Commission shall be in writing. A copy shall be sent to the applicant within ten (10) days after the Commission's decision by mail. A copy shall be made available for public inspection at the Planning and Community Development Department. The Commission's decision shall state findings and reasons for denying or modifying any application.

A.   An applicant that has an application for Certificate of Appropriateness denied for a proposed demolition may apply for relief on the grounds of hardship. In order to prove the existence of hardship, the applicant shall establish that:

1.   The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible; and,

2.   The property cannot be adapted for any other use, whether by the current owner or by a purchaser interested in acquiring the property and preserving it have failed.

A.   An applicant shall submit an application for Finding of Hardship within thirty (30) days after the Commission's decision to deny the Certificate of Appropriateness. No building permit or demolition permit shall be issued unless the Commission makes a finding that a hardship exists.

B.   The Commission shall hold a public hearing on the hardship application in accordance with the procedures specified in Chapter 3, Section 3-20.

C.   The applicant shall consult in good faith with the Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.

D.   All decisions of the Commission shall be in writing. A copy of the decision shall be sent to the applicant by mail. A copy shall be made available for public inspection at the Planning Department. The Commission's decision shall state findings and reasons for granting or denying the hardship application.

A.   Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district that does not involve a change in design, material, color or outward appearance.

B.   No owner or person with an interest in real property designated as a landmark or included within a historic district shall permit the property to fall into a serious state of disrepair. A serious state of disrepair is evidenced by the deterioration of any exterior architectural feature which would, in the judgment of the Historic Preservation Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. A serious state of disrepair includes, but is not limited to, the following conditions:

1.   Deterioration of exterior walls or other vertical supports;

2.   Deterioration of roofs or other horizontal members;

3.   Deterioration of exterior chimneys;

4.   Deterioration or crumbling of exterior stucco or mortar;

5.   Ineffective waterproofing of exterior walls, roofs, or foundations,

6.   Including broken windows or doors; or,

7.   Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.

A.   Any person found guilty of violating any provision of this ordinance shall be guilty of a class one (1) misdemeanor.

B.   Any person who demolishes, alters, constructs or permits a designated property to fall into a serious state of disrepair in violation of this ordinance shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this Subsection may be brought by the City Attorney or any individual. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.

A.   It is the purpose of this Section to establish regulations which recognize that development of hillside areas involves special considerations which result from the slope of the land. These considerations include but are not limited to increased hazards to development from rock falls, storm water runoff, geologic hazards, increased limitations on vehicular travel, and increased difficulties in providing public services. In addition, steeply sloped lands introduce design limitations to roadways, cuts and fills, and building sites.

B.   The Hillside Development Overlay District is an overlay district that applies to all land wherever the natural terrain of any lot or parcel or any portion thereof has a slope of ten percent (10%) or greater. The application of the Hillside Development Overlay district shall be as depicted below in Table 1, Hillside Determination.

C.   All rezoning applications to Planned Community District (PCD) and Planned Area Developments (PAD) shall conform with the provisions of this Section unless expressly modified through an approved PCD or PAD Standards & Guidelines Report and Development Plan.

D.   Conservation features identified in Section 21-671 shall be preserved in accordance with that Section.

A.   A Slope Category Determination Study shall be required prior to the initiation of any Site Disturbance Activities for all land with slopes of 10% or greater.

B.   A property owner subject to Subsection A above shall prepare a Slope Category Determination Study utilizing one of the two methodologies outlined in this Section. A property owner or authorized agent shall submit to the Department a Slope Category Determination Study pursuant to this Section, as follows:

1.   Simultaneously with a rezoning application;

2.   If a rezoning action is not required, simultaneously with a preliminary plat or site plan; or,

3.   If a rezoning, plat, site plan, or minor land division is not required, prior to the issuance of any building permit or site grading permit.

C.   Applicants seeking a waiver from the provisions of this Section may request a waiver of the requirements for a Slope Category Determination Study to the Zoning Administrator. A written waiver request shall be submitted to the Zoning Administrator with an explanation of why a waiver is warranted and shall include such supporting materials as follows:

1.   Site photographs;

2.   Site specific topography information;

3.   All other such information which may provide information on the request.

D.   Applicants may prepare a Slope Category Determination Study utilizing a methodology differing from those outlined in this Section, if acceptable to the Zoning Administrator. Applicants seeking to utilize an alternative methodology shall provide both a written explanation of the proposed alternative methodology and a graphical example of its use. If, upon review of the proposed alternative Slope Category Determination Study by the Zoning Administrator, the slope analysis is not acceptable, the applicant shall utilize one of the adopted methodologies contained herein. Appeals of the Zoning Administrator decision pursuant to this paragraph may be heard by the Administrative Hillside Hearing Officer subject to the provisions of Section 21-132 of this Ordinance.

E.   To determine parcel density and the location and extent of slope categories, carry out one of the following procedures:

1.   Manual Slope Determination Method

a.   Utilize a topographic map at a scale of two hundred (200) feet or less to the inch and with contours shown at two (2) foot intervals. Applicant may utilize maps containing contours at five (5) foot intervals for grades of more than twenty percent (20%). All contour lines shall be extended onto adjacent properties to a distance that establishes the overall slope of the land but in no case shall they be extended less than fifty (50) feet onto the adjacent properties.

b.   The Hillside Development Area shall commence at the midpoint of the one hundred (100) foot horizontal dimensions used to determine the slope as illustrated by Figure 2, attached hereto and by this reference made a part hereof. The one hundred (100) foot slope determination lines shall be located perpendicular to the site or property contour bands. Those properties containing multiple slope planes should provide slope information for all such planes.

c.   To determine those locations where slopes of ten percent (10%), fifteen percent (15%), twenty percent (20%), twenty-five percent (25%), thirty percent (30%), and thirty-five percent (35%) begin by the application of one hundred (100) foot straight lines that fall within each category. The one hundred (100) foot slope determination lines shall be extended onto adjacent properties to a distance that establishes the overall slope of the land but in no case shall they be extended less than fifty (50) feet onto the adjacent properties.

d.   Connect the midpoints of each series of one hundred (100) foot lines of the same slope category to establish the limits of that slope category.

e.   Measure the areas resulting between each series of straight lines to determine the areas in each slope category.

f.   Figure 2, attached hereto and by this reference made a part hereof, illustrates the method used in calculating the slope categories.

2.   Computer Generated Slope Determination Method.

a.   Utilize digital topographic information with contours shown at a maximum of two (2) foot intervals, except as established herein. Areas known or shown to contain slopes of more than twenty percent (20%) may utilize digital topographic information with contours shown at five (5) foot intervals.

b.   Utilizing a slope generating software application, slope categories shall be determined utilizing the slope categories established in Section 21-651 of this Ordinance.

c.   Computer generated slope analyses shall be prepared utilizing the following modeling parameters:

1)   Maximum two (2) foot slope contour intervals for slopes less than twenty percent (20%);

2)   Maximum five (5) foot slope contour intervals for slopes more than twenty percent (20%);

3)   The slope analysis shall utilize the above noted slope contour intervals through the modeling basis of grid evaluation to determine slope facets or contours;

4)   The analysis shall utilize a twenty-five (25) foot grid system.

d.   All data generated through the use of a computer generated slope determination shall be presented in both chart and graphical formats. Graphical slope information shall be presented in a clear and easily understandable format.

e.   The final map shall be plotted at a minimum scale of 1" = 200' and submitted to the Department for review. If found acceptable, the final slope determination map shall be approved. The Department may reject the analysis and require correction(s) to the digitized slope category lines to more accurately reflect the generalized slope conditions of the property or other revisions necessary to ensure compliance with this Section. Appeals from the decision of the Department may be filed for disposition by the Administrative Hillside Hearing Officer pursuant to Section 21-311 of this Ordinance.

3.   The Final Slope Category Map resulting from this Section shall be utilized in determining allowable densities, lot area, lot disturbance and lot coverage requirements. Preliminary Plats shall reflect proposed disturbance/coverage envelopes for each lot and shall contain tabular information necessary to determine compliance with this Section.

A.   For all major and minor sub-divisions and for multifamily residential developments, the maximum number of residential lots or units permitted within hillside development areas shall be the sum of the number of lots allowed by the zoning district, or the sum of the number of lots allowed in each slope category of land as shown by Table 2, whichever is the lesser number.

B.   For all non-residential developments or single-lot construction where density allocation does not apply, the applicant shall comply with all other applicable portions of this Section.

C.   Transfer Rate: Disturbance and dwelling units/development rights that are allowed within preserved public and private open space may be transferred to other parcels within the same development. When all of the allowable dwelling units are transferred from a Hillside Development Area above the ten percent (10%) slope line to a non-hillside development area, resulting in a minimum fifty (50) acre undisturbed area above the ten percent (10%) slope line, the density transfer from the Hillside Development Area to the non-hillside development area may occur at a rate of 1:1.25 allowable dwelling units.

D.   The transfer of density within a Hillside Development Area shall not be an assumed right and in no case shall a transfer of density occur without the approval of the Zoning Administrator. Approvals of a density transfer shall be made only upon a finding that the proposed transfer will not be detrimental to the intent of the Hillside Development Overlay District and upon a finding that the transfer will advance the City's interests in protecting a Hillside Development Area.

A.   Minimum lot sizes in hillside areas shall be limited as shown in Table 3. Lot sizes in areas of 10% slope or greater may be reduced by up to twenty percent (20%) provided that all dwelling units/development rights have been transferred off of slope categories greater than twenty percent (20%).

B.   No residential lot within the Hillside Development Overlay District and having slope areas in excess of fifteen percent (15%) shall have a front lot width less than seventy-five (75) feet. The front lot width of all flag lots located within the Hillside Development Overlay District shall be measured from the point at which the drive access intersects with the main body of the lot or at a point not to exceed two hundred and fifty (250) feet from the front lot line of the flag lot.

C.   Building setbacks shall be as required by the zoning district.

D.   Maximum lot coverage by the main building and all accessory buildings shall not occupy more than that permitted by the zoning district or Table 4, whichever is the lesser area.

E.   All hillside lots shall provide an individual analysis of each lot or parcel shall be prepared prior to recording the final plat or minor land division. For existing lots of record as of the date of adoption of this ordinance, an individual site analysis shall be submitted prior to the approval of any development permits or entitlements. Following review and approval of the Slope Category Determination Study by the Department, the individual site analysis shall be submitted in conjunction with a grading and drainage plan. No building permit shall be issued prior to approval of the grading and drainage plan and individual site analysis.

F.   All lots or parcels which abut a dedicated public open space or preserve area shall provide a one (1) foot non-vehicular access easement along the common property line.

A.   No part of any structure shall penetrate an imaginary plane, the height of which complies with the underlying zoning district measured vertically from any point outside of the building where the face of the building or support intersects natural ground (see Figure 4).

B.   Where natural grade is not restored back against the building, no exposed face in any vertical plane shall exceed a height of thirty (30) feet measured from the lowest exposed base.

C.   Materials used for exterior surfaces of all structures shall blend in color, hue and tone with the surrounding natural setting to avoid high contrasts.

1.   Structures, walls, roofs and fences shall blend with the surrounding terrain and there shall be no material or colors used which have an LRV (Light Reflecting Value) greater than forty percent (40%). Mirror surfaces, or any treatment which changes ordinary glass into a mirror surface is prohibited. Bright untarnished copper or other metallic surfaces shall be treated at the time of installation so they are non-reflective.

2.   All electrical service equipment and subpanels and all mechanical equipment including, but not limited to, air conditioning and pool equipment, shall not be visible from outside the property when viewed from the same or a lower elevation. For the sake of functionality, solar panels and solar water heaters shall be exempt from screening requirements. It is recommended, however, that to the extent feasible, the frames and support structures for these elements should be painted to match the principal building on the property or be integrated into the building and/or landscape design.

3.   Water storage facilities, pumping station, and related facilities shall be designed to minimize their visual impact. All such facilities shall be painted to match the predominant color of the natural terrain, disturbed terrain shall be dyed to blend with surrounding area, and walls shall be contextually sensitive in terms of color and materials. Additional screening techniques are provided in order of preference in the list below. Final designs must be approved by the Public Works Director or designee.

a.   Subterranean design.

b.   Partially subterranean design.

c.   Restricted height equal to or less than that of the perimeter site wall.

d.   Design tank and walls to follow natural topography.

e.   Context-sensitive berming/screening.

f.   Vegetative screening.

D.   Principal and accessory buildings, excluding chimneys, shall not exceed forty (40) feet from the highest point of the building to the lowest exposed base of a supporting structure (see Figure 4). The subterranean portion of a structure is not included in the total height calculation.

A.   Hillside properties north of Pinnacle Peak Road must also comply with Section 21-726 Desert Lands Conservation Overlay.

B.   All buildings, structures, and roads shall to the fullest extent practicable, utilize the natural contours of the land so as to minimize the disturbed area.

C.   Disturbed areas may be reclaimed if they are restored to their natural contours, vegetation and colors, and shall reflect the natural condition as depicted in historical aerial photos and site photos taken prior to the development of the site.

D.   The maximum height of any cut or fill used to establish a building site or a driveway shall not exceed fifteen (15) feet and must comply with the provisions of the Peoria Building Codes. The maximum height of any cut or fill used to establish a road or roadway shall not exceed thirty (30) feet. All areas of cut or fill necessary to establish a public or private roadway and falling outside of the public right-of-way or private roadway easement shall be counted against the total disturbed lot area of the individual lot or parcel. All roadway cuts shall be re-vegetated and all roadway fills shall utilize retaining walls to minimize spill areas. All spill slope areas shall be re-vegetated and all retaining walls shall be designed to minimize their visual impacts.

E.   The limits of construction and proposed disturbed areas shall be clearly delineated on the property prior to and during construction with visible roping and shall conform to the approved individual site analysis plan. No disturbance outside the designated area shall take place.

F.   All lots less than 18,000 square feet net area are eligible for mass grading.

G.   All lots equal to or greater than 18,000 square feet net area shall establish a construction envelope equal to the combined area of the maximum disturbed area and maximum lot coverage from Table 4, below.

H.   All surplus excavated material shall be removed from the lot.

I.   Up to ten percent (10%) of the gross land area above the ten percent (10%) slope line may be used for roadways (public and private) that shall not be included in disturbed area calculations. The disturbed area and roadways and driveways (that exceed the 10% roadway allowance), storm water retention areas and accessory use areas, shall not exceed the total disturbed area as set forth in Table 4.

J.   Calculation of Disturbed Area (Table 4):

1.   The Total Disturbed Area for each individual development or development parcel shall be the sum of the amount of Disturbed Area allowed within each of the individual slope categories found on the development parcel and the Maximum Coverage.

2.   Disturbed Area accounts for site elements such as driveways, non-natural/un-restored landscaping, pool areas, walkways, uncovered patios, etc.

3.   Maximum Lot Coverage refers to any under-roof site element and shall include principal and accessory buildings.

K.   Transfer of Disturbed Area and dwelling units/development rights to a lower slope category shall be subject to the following conditions:

1.   Permitted Lot Coverage and Disturbed Area from a higher slope category may be transferred to the next lower slope category within the site/parcel provided the transferred-to category does not exceed its allowable disturbed area. In the event that the transfer would cause the lower category to exceed its allowable disturbed area, the remaining portion of the transferred square footage may be transferred to the next lower category. This pattern may be repeated until all hillside categories have attained their respective allowable disturbed area. Transfers below the 10% slope line are not permitted.

2.   Permitted Disturbed Areas shall not be transferred from the 0-10% slope category to any other category.

3.   After any applicable transfers of Disturbed Areas have been calculated, the Total disturbed Area, which includes Lot Coverage, within the 10% - 25% slope categories as indicated in Table 4, may be combined to produce a "bucket" of disturbable square footage. This "bucket" may be distributed throughout the 10% - 25% slope categories at the applicant's discretion (Figure 1).

4.   Approvals of a disturbed area transfer shall be made only upon a finding that the proposed transfer will not be detrimental to the intent of the Hillside Development Overlay District and upon a finding that the transfer will advance the City's interests in protecting a Hillside Development Area.

5.   The location of the Disturbed Area and the allocation of Disturbed Area among parcels or lots shall require approval of the Zoning Administrator or designee; such approval shall be made upon a finding that:

a.   The proposed location will not be detrimental to the intent of the Hillside Development Overlay District and, to the maximum extent feasible, is located in the lowest slope categories;

b.   The difference of allocated Disturbed Area does not vary by more than twenty percent (20%) among lots of comparable size and location;

c.   The resulting change in Disturbed Area on an individual lot does not interfere with the preservation of Natural Open Space;

d.   The resulting change in Disturbed Area does not result in more cuts into hillside slopes above the twenty percent (20%) slope line or changes in contours that will remain unrestored;

e.   The location will advance the City's interest in protecting a Hillside Development Area; and

f.   The development or development parcel is otherwise in compliance with this Section.

L.   In those cases where an increase in the maximum lot coverage is desired due to a transfer of density, the maximum lot coverage shall only be increased on the parcels receiving density transferred from a higher slope area. In those cases where all of the density has been transferred from a higher slope category to lower slope areas, all parcels or portions thereof within those slope categories may utilize the increased lot coverage allowance.

M.   A Disturbed Area (up to 50% over Table 3, for slope areas over 10%) may be excluded from Disturbed Area calculations when the applicant has committed to comply with the following restoration conditions:

1.   The restored area shall be re-contoured to match pre-existing contours.

2.   The restored area shall be re-vegetated to its pre-development condition utilizing native plant types arranged and placed at a density matching the surrounding native desert.

3.   The restoration area shall be treated with an aging agent approved by the Zoning Administrator and restored with indigenous desert material.

4.   The restoration plan and process shall be prepared by a registered engineer or landscape architect and shall be approved prior to issuance of a building permit.

A.   If any portion of a driveway grade is more than twenty percent (20%), the entire residence and all accessory buildings over one hundred twenty (120) square feet of roof area shall be protected with an approved fire sprinkling system.

B.   Driveways with turning radii of less than forty (40) feet may be used provided all structures are protected with an approved fire sprinkling system.

C.   To reduce the visual impact of driveways the following is intended to be an incentive to preserve the natural mountain views. Driveways surfaced with paving bricks, colored concrete or with exposed aggregate, colored to blend with existing native color of the site, shall only be included in disturbed area calculations at seventy-five (75) percent of the driveway area. For calculation purposes, driveway shall mean drive access, or area between edge of a street, or edge of the traveled portion of a street when no curb exits, permitting vehicular travel to the residence and accessory buildings on the property. Parking areas, turnabouts and entrance circles are excluded from the driveway area.

D.   Any driveway cut greater than eight (8) feet in depth shall not have a length greater than one hundred (100) feet; and the maximum height of any cut or fill used to establish a driveway shall not exceed fifteen (15) feet.

A.   The design of all retaining walls shall be prepared by a registered engineer or architect and shall be designed to blend with the surrounding environment and/or development in color, materials and style.

B.   Raw spill slopes are prohibited.

C.   All exposed disturbed area fill shall be contained behind retaining walls or covered with a natural rock veneer and treated with an aging agent and landscaped with indigenous plant material.

D.   No single retaining wall in any front yard shall exceed four (4) feet in height in residential districts or six (6) feet in height in non-residential districts.

E.   No first-tier side or rear yard retaining wall shall exceed six feet eight inches (6'-8") in height in residential districts or ten (10) feet non-residential districts.

F.   Additional retaining height may be achieved through the use of offset retaining walls and terraces: such walls shall be offset a minimum of four (4) feet and all terraces shall be landscaped appropriately for the width of the offset. Retaining walls shall incorporate weep holes for drainage and sleeves for irrigation.

G.   View fences not exceeding six (6) feet in height above the highest part of adjacent natural grade may be added to a retaining wall. Increases in the height of view fences may be granted by the Zoning Administrator provided that the retaining wall contains unique design and materials or other amenity features that, in the determination of the Zoning Administrator, mitigate the impact of the additional height.

H.   The total vertical wall face (including view fencing) visible from any street, adjacent property line or publically-accessible open space for any single lot shall not exceed twenty-five (25) feet in height. Terraced walls shall be constructed with decorative products and terraces shall be landscaped to minimize their visual impact. Terracing shall be conducted in accordance with Section 21-805 of this Ordinance.

I.   Fences or walls on lots within a hillside district shall be restricted to privacy walls attached to or directly screening a portion of the main residence. Privacy walls shall not exceed six (6) feet in height, shall be architecturally compatible with the main residence and shall be limited to the development envelope area only.

J.   Hillside development shall receive edge treatments that soften the appearance of an abrupt transition between the built and natural environments. Such treatments shall consist of alternative perimeter fencing (type and/or materials), offset, or staggered rear lot lines, transitional landscaping or other similar elements intended to soften the transition.

K.   Perimeter walls and fences surrounding a lot, tract, or parcel shall be prohibited except as provided elsewhere within this Section. Privacy walls shall not be erected on a retaining wall and shall be offset a minimum of four (4) feet when utilized.

L.   Within the ten to fifteen percent (10-15%) slope category only, exceptions to the limitations on fences or walls may be permitted. In those instances where an exception is desired, applicants shall submit a detailed Wall Plan to the Zoning Administrator for review and action. In conjunction with the submittal of the Wall Plan to the Zoning Administrator, the applicant shall submit a copy of the Wall Plan to the appropriate City department(s) for review and approval for conformance with all City Grading and Drainage requirements. Wall Plans shall indicate the proposed locations of walls or fences, the proposed materials, colors and design of any wall or fence, and fence construction and disturbance mitigation measures. Such plans shall be accompanied by a narrative explaining the reasons why such an exception should be made. Upon completion of the review of the Wall Plan by the Zoning Administrator, and following the review and approval of the Wall Plan by the Engineering Division/Site Planning Division, the Zoning Administrator may approve the Wall Plan. Wall Plans may be approved by the Zoning Administrator upon a finding that the proposed location and design of the wall(s) is in accordance with this Section and further that the proposed wall will not be contrary to the intent and purpose of this Section.

M.   Perimeter walls or fences approved by the Zoning Administrator within the ten to fifteen percent (10-15%) slope category and abutting an open space area or tract, shall be a maximum of six feet eight inches (6'-8") in height with no more than three (3) feet being constructed of a solid or opaque material. That portion of the wall or fence not constructed of a solid or opaque material shall be open in design and may not include chain-link or wood materials. Notwithstanding the foregoing, walls exceeding six (6) feet eight inches in height and constructed of solid or opaque material may be approved by the Zoning Administrator if the wall is for the purpose of screening non-residential uses.

A.   All outdoor lighting concepts, fixture types, lamps and wattage shall be indicated on the site plan. All outdoor lighting shall be Dark Sky compliant.

B.   Connection to a public sewer system is required in connection with Chapter 25 of the City Code where available.

C.   Private individual lot sewer systems shall be designed by a registered engineer.

D.   All on-site utilities shall be placed underground.

A.   Within areas above the twenty percent (20%) slope line, no construction shall occur which will alter the mountain top profile and no building or structure shall be constructed which will project above a ridge line of significance when viewed from adjacent properties. Ridge lines of significance shall be identified in the hillside analysis accompanying the project submittal for a subdivision or shall be shown on the individual site analysis plan for individual lots. Upon review of the project submittal, the Zoning Administrator or designee shall determine the ridges of significance for the site. Ridge lines of significance shall include, but not be limited to the following, and may include ridge lines or ridge line complexes which meet the criteria listed below:

1.   Ridge lines and ridge line complexes which are visible from existing and/or planned collector and arterial roadways,

2.   Ridge lines and ridge line complexes which are visible from surrounding vantage points when viewed from a location with an elevation difference of a maximum of three hundred (300) vertical feet from the property line of the subject parcel/structure,

3.   Ridge lines and ridge line complexes which have a vertical height increase of more than three hundred (300) feet as measured from the point of the ten percent (10%) slope line of the ridge or ridge complex, and

4.   Other significant ridge lines or ridge line complexes as determined during the site analysis process.

B.   Prior to the issuance of any building permits, cross-sections shall be submitted showing the relationship of the proposed development with established mountain top ridge lines and ridge lines of significance when applicable.

A.   In addition to drawings, plans, specifications and details necessary to obtain a building permit, the following shall be provided for staff review:

1.   A topographic map at an appropriate scale on a 24" × 36" sheet presenting the total lot and a twenty (20) foot area beyond the property line shall be submitted with the application. This map shall show existing and proposed finished contours at two (2) foot intervals within a twenty (20) foot perimeter from any proposed building, five (5) foot intervals elsewhere. Existing contours shall be shown with dashed lines. This map shall show limits of excavation and fill, slope of cut and fill, total cubic yards of excavation and fill. The location and area of the sewage disposal systems, if public sewers are not provided.

2.   Detailed site plans and landscape plans at an appropriate scale, shall be submitted with each application and shall include, but not be limited to, the following: grade and slope in percent at all disturbed areas. Dimensions and calculations of all cut and fill for the building site, roads, drives, swimming pools, septic systems and the method of concealment for each fill or exposed cut. Dimensions of length and height of retaining walls, fences and other attachments; the location and grade of all drainage channels, swales, drain pipes, etc. The amount and degree of surface disturbance, destruction or removal of natural vegetation. Protected desert vegetation shall be preserved in an appropriate manner in accordance with the Desert Lands Conservation Overlay district.

3.   Cross sections at 1:1 scale, at two (2) or more locations perpendicular to the contours through the building site. Location of the cross-sections shall be clearly shown on the topographic map. Properties impacting ridge lines shall provide additional cross-sections indicating their relation and impact on such ridge lines as established in Section 21-661.

4.   An overall excavation, grading and drainage plan shall be prepared in accordance with sound professional engineering practices and to address minimum standards adopted by the City. Said plans shall be prepared and certified by a professional engineer registered in the State of Arizona. If any drainage structures or culverts are involved, it will be necessary to include calculations for peak flows for a 100 year storm to establish appropriate drainage facilities, cross-sections and details. Storm water diverted from its original drainage pattern shall be returned to its natural course before leaving the property.

5.   Where possible and appropriate on less complex lots and lots with acceptable site conditions, the combining of the above maps into one drawing may be acceptable.

6.   The Zoning Administrator, or their designee, may require an accurate oblique view architectural rendering in color; showing the appearance of the building, lot, landscaping, and skyline. The Zoning Administrator may also require a model if determined necessary to evaluate the project. The model may be a three dimensional physical model or it may be a computer generated model in a three dimensional format and presented by a series of prints or by a disc that can be viewed on a monitor. The rendering and the model will remain in the custody of the Zoning Administrator until a Certificate of Occupancy is issued. On the rendering or attached thereto, the applicant shall list all colors depicted on the exterior of all structures according to Section 21-653.

7.   Plans for any structure to be constructed on any land governed by these Hillside Regulations shall be sealed by a registered engineer or architect.

8.   The plans for any hillside development of any kind or nature whatsoever, must be approved by the staff and appropriate permit(s) issued, before any grading, bulldozing, blasting, or movement of earth is commenced.

A.   Inspections to ensure compliance with this Section are required and shall occur prior to issuance of the first certificate of occupancy or equivalent.

B.   The applicant shall request from the City a preliminary inspection before commencing construction. This inspection shall document the original condition of the site through photos which shall be compared against historic aerial photos to ensure no disturbance has occurred prior to permitting.

A.   Violations should be reported by the City to the property owner, together with a Compliance Order describing the measures required to correct the violation(s). Failure to comply with the terms of a Compliance Order shall constitute a violation of this Section.

B.   In those instances where a Site Disturbance Activity has commenced within a Hillside Development Area without an approved Slope Category Determination Study or where another violation of this Section has occurred, the City may issue a Stop Work Order to terminate immediately all development or construction related Site Disturbance Activity on the site, parcel or property. In addition, the City may revoke any or all of the permits issued by the City for the site, parcel or property. Upon the issuance of a Stop Work Order, the responsible party shall immediately terminate all activities on the site and then contact the City of Peoria Planning Department regarding what measures should be taken to eliminate any problems resulting from the development activity. Failure to comply with the terms of a Stop Work Order shall be a violation of this Section.

C.   Violations of this Section are subject to prosecution by the City of Peoria under the City Code and shall be punishable as provided by law.

A.   Identify sensitive desert conservation features and resources.

B.   Protect and preserve Peoria's distinctive desert landscapes and wildlife habitats for the enjoyment of current and future generations.

C.   Protect people and property from hazardous conditions characteristic of environmentally sensitive lands and their development.

D.   Integrate conservation design into the development of sensitive desert lands and employ development standards and guidelines that equitably balance conservation and development objectives.

A.   The Desert Lands Conservation Overlay (DLCO) establishes a special overlay zoning district, which applies to specific resources and environmental conditions north of Pinnacle Peak Road. In order to accomplish the purpose of this district, the City of Peoria shall apply these provisions to these lands that contain any of the following special conservation features and resources:

B.   Conservation Features:

1.   Cultural Resource. Prehistoric and historic sites identified according to standards established by the State Historic Preservation Office. Includes artifacts such as rock walls, etc.

2.   Isolated Peak. The prominent peaks which jut out of a typically flatland area. These are landmark features whose rugged vertical form contrasts sharply with the horizontal ground plain.

3.   Mountainous Area. Areas such as the Hieroglyphic Mountain Range which include numerous peaks, rugged topography, steep slopes and small v-bottomed washes flowing out of the area. The limits of a mountainous area is established when more than 60% of the area has slopes of 25% or greater.

4.   Plateau. An extensive land area characterized by slopes leading to a relatively level surface and situated at a uniformly higher elevation than adjacent land on at least one side.

5.   Primary Peak. Prominent peaks that are visual landmarks from various points of view and rise at least 400 feet above the surrounding base elevation.

6.   Riparian Vegetation. Native vegetation that grows where there is a concentration of sustainable drainage water resulting in larger plants, greater species diversity and greater density. Generally lines washes, rivers, tanks and springs.

7.   Riverine Area. Environmentally diverse riparian areas associated with the New River and Aqua Fria Rivers and Major Washes.

8.   Rock/Boulder Formation. Formations including escarpments, cliffs or pinnacles which consist of exposed rock faces with limited vegetative cover.

9.   Significant Vegetation Area. A stand of Sonoran Desert vegetation that is thirty percent more concentrated than the general aspect of the immediate context area and difficult to salvage due to slope, rocky soil conditions or exposed roots due to an adjacent wash. Generally located adjacent to a wash or other source of water and maintains the character of the site best when protected in place.

10.   Significant Vegetation Specimen. A native tree with an 8" or greater caliper trunk and multi-trunk in good health, a saguaro over 20 feet in height and/or multiple arms or crest or other unusual configuration in good health, or other mature protected species, such as Ocotillo.

11.   Skyline Ridge. Ridge lines and ridge line complexes which are visible from existing and/or planned collector and arterial roads, have an elevation difference of a maximum of three hundred (300) vertical feet from the property line of the subject parcel, have a vertical height increase of more than three hundred (300) feet as measured from the point of the ten percent (10%) slope line of the ridge or ridge complex, are composed primarily of a cliff face with a total height of at least 50 feet measured from the base of the cliff, or are determined by Staff to be significant during the site analysis process.

12.   Spring. A permanent small stream or source of water coming out of the ground.

13.   Talus Slope. A slope strewn with a layer of loose rock debris, usually over unconsolidated soils.

14.   Unstable Slope. A slope that exhibits one or more of the following conditions, boulder collapse, boulder rolling, rock falls, slope collapse and talus slopes.

15.   Wash, Major. Washes that by their size are more riverine in character than washes. They are characterized by extraordinary depth and width, strewn rock and vegetative rubble, diversity, density and sizes of vegetation and volumes of water that they can accommodate. Major washes include Morgan City Wash, Big Spring Wash and Twin Buttes Wash. Maximum flow capacity exceeds 500 cubic feet per second.

16.   Wash, Primary. Wide, sand bottom washes that carry drainage from a relatively broad watershed and are fed by a number of smaller tributary washes. These washes generally have dense thickets of tree and shrub vegetation along their edges and are easily identified from aerial photographs. Maximum flow capacities are between 20 and 500 cubic feet per second.

17.   Wash, Secondary. Tributaries to the significant washes and the rivers. The majority of these washes are the finger washes, which occur between slopes in the rugged areas. They have narrow sand bottoms or are V-shaped. There is increased vegetation density along these washes but the vegetation is more in the large shrub category. Maximum flow capacities are up to 20 cubic feet per second.

18.   Wildlife Corridor. Pathways or habitat linkages that connect discrete areas of natural open space otherwise separated or fragmented by topography, changes in vegetation, and other natural factors in combination with urbanization, and which 1) permit animals to move between remaining habitats allowing depleted populations to be replenished and promoting genetic exchange; 2) provide escape routes from fire, predators, and human disturbances, thus reducing the risk that catastrophic events, such as fire or disease, will result in population or species extinction; 3) serve as travel paths for individual animals as they wander throughout their home ranges in search of food, water, mates, and other needs, or for dispersing juveniles in search of new home ranges.

19.   Wildlife Habitat. Locations where native wildlife has a tendency to congregate due to provision of food, shelter and/or water.

A.   Exemption for Single Lot Construction. The development of a single-family custom home shall not require a Desert Lands Conservation Report or Master Conservation Plan. The developer of a single-family custom home shall indicate on the site plan the location of conservation features to be preserved.

B.   Properties Located North of Pinnacle Peak Road without Conservation Features. Owners of properties containing no conservation features shall submit a statement and aerial photo confirming this information.

C.   Pre-Application Conference; Timing of Submittals.

1.   A pre-application conference is required prior to submittal of any application for development approval for property containing Conservation Features or Natural Open Space to discuss environmental characteristics of the site. Developments of 10 acres or less shall be exempt from the pre-application meeting requirement but shall be subject to all other applicable requirements in this Section.

2.   Submittal of the reports listed below are subject to the type of planning action involved as shown in Table 1. Submittals for one type of action need not be duplicated for another type of action.

D.   Desert Lands Conservation Report. A comprehensive report shall be submitted as part of a rezoning, platting site plan or building permit request that reviews existing conditions and site and project characteristics. For projects larger than 10 acres, this shall be the Desert Lands Conservation Report (DLCR). Projects of 10 acres or less may submit a Master Conservation Plan (MCP), as specified in this Section in order to meet this requirement. If a development request is being proposed on a property for which an existing DLCR is on file with the City, the Zoning Administrator shall determine what information, if any, needs to be updated.

E.   Master Conservation Plan. In addition to the DLCR, a Master Conservation Plan (MCP) shall be submitted at the time of site plan or preliminary subdivision plat review and shall consist of the following items. For phased projects, submittal requirements shall correspond to the areas included in each phase. For projects of 10 acres or less submitting only the MCP, identification and descriptive data required for the DLCR and Projective Narrative and Overview shall also be included. Submittal requirements for the MCP are found in the Desert Lands Conservation Guide.

F.   Site Inspection. For those sites with particularly complex conditions, the City may arrange for a site inspection of the property by the City. The applicant shall distribute copies of the Existing Conditions Data Report for the on-site meeting. Applicants, their site designers, and the landowner will participate in the site inspection. The purpose of this visit is to review the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the prioritization of conservation features, and possible locations for buildings and street alignments.

G.   Approval Process. The Planning and Zoning Commission or the City Council shall review and either approve or disapprove any DLCR and/or MCP that is submitted as part of a development request requiring approval by the Planning and Zoning Commission or the City Council. The Zoning Administrator or his/her designee shall review and either approve or disapprove a DLCR and/or MCP for development request requiring building permit, site plan or subdivision plat approval. Appeals of the decision(s) regarding a DLCR and/or MCP will be addressed in the same manner as the development request which it accompanies. Approvals of the DLCR shall be valid for the same period of time accorded to the accompanying development request After a period of one year from the submittal date of the MCP the Zoning Administrator shall determine the continued sufficiency of the MCP for future development planning applications. The Zoning Administrator shall not approve or recommend approval of any DLCR and/or MCP 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 DLCR and/or MCP 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.   Natural Open Space.

1.   Natural Open Space (NOS) within each development shall be preserved according to slope and landform type as provided in the following NOS Slope/Landform Matrix:

2.   The required NOS shall be comprised of the conservation features listed and defined in this Section. If the total acreage of these elements does not meet the minimum NOS requirements, then areas with 25% or greater slope shall be added in such a manner as to expand or extend the NOS until the required percentage is achieved. If after incorporating all areas with slopes of 25% or greater and the minimum NOS requirement is still not met, then additional open space shall be provided in the following priority:

a.   Expands or extends a regional open space corridor;

b.   Increases the size of an existing or adjacent open space area;

c.   Creates a linkage to an existing or planned trail; or,

d.   Provides a public access point to existing or planned natural open space.

3.   In the event that the combined area of all required NOS exceeds the maximum required acreage, the following criteria listed in priority order shall be used to guide the determination of which features shall be preserved:

a.   Conservation Features;

b.   Land that expands or extends a regional open space or drainage corridor;

c.   Land that abuts existing and/or planned open space;

d.   Land that allows opportunity to provide a link to existing or future trail systems; and,

e.   Land that provides a non-motorized access route from the nearest public right-of-way to an open space area.

4.   The minimum contiguous area for NOS is 7,500 square feet, provided that not more than 15% of the required NOS shall be included in areas less than 10,000 square feet.

5.   The minimum horizontal dimension for NOS is seventy-five (75) feet.

6.   Where the minimum finished lot size is twenty-four thousand (24,000) square feet or less, NOS shall not be allowed on individual lots and must be placed in common tracts.

7.   If land designated as NOS is located in a common tract owned by a homeowners association, the property shall be maintained through a common maintenance agreement.

8.   Any NOS being considered for dedication to the City of Peoria, regardless of size and location, will be reviewed by the Community Services Director and staff for a recommendation as to the acceptance or rejection of the dedication.

9.   Whether the NOS is located on individual lots or in common tracts, the boundaries of Disturbed Areas shall be delineated in the field with permanent markers in order to prevent encroachment into NOS areas.

10.   Areas not specifically identified as Disturbed Area or NOS shall be considered Transition Areas.

11.   Identification of NOS shall be coordinated with the Peoria Hillside Overlay District, Section 21-710, and the planning of NOS shall specifically consider transfer of density and disturbed area. For Hillside Areas, NOS shall be located in areas planned to be undisturbed.

12.   Within areas identified as NOS, no grading or other disturbance shall occur except the minimum grading required for trails, roadways and utility easements. No walls are permitted within the NOS. Restoration of the Disturbed Area not used to support buildings or Oasis or Transitional Landscape Areas is mandatory and shall follow plans reviewed and approved by the City.

13.   For residential lots, the area between the buildings and the street and, for lots in excess of 24,000 square feet in size, side yard setback areas not utilized for driveways or parking areas shall be improved with landscaping using indigenous plant materials and groundcovers in addition to the NOS. In addition:

a.   Perimeter walls or privacy walls shall be allowed in accordance with the provisions of Section 21-710; and,

b.   The location of all buildings shall be within the delineated boundaries of the Disturbed Area.

14.   Developments abutting any public NOS shall provide an access plan for public entry onto the NOS. The plan may take into consideration all points of visual and physical access to the NOS from any public or private property. A minimum of 40% of the linear distance along the edge of any public NOS shall consist of one or a combination of the following:

a.   A public or private street;

b.   A public or private improved open space having public access with minimum dimensions of 100 feet in length and 75 feet in depth along the NOS;

c.   A minimum length of 100 feet along the frontage of a public or private street directly connecting the NOS to the street;

d.   A termination of a public or private street in a configuration that provides on-street parking for four (4) vehicles and sufficient width for maneuvering; or,

e.   An equivalent creative alternative as approved by the City that provides visual and physical access and results in diversity of the edge treatment.

15.   The total length of lots backing up to the NOS shall not exceed 1,000 feet without incorporating one of the edge treatments described in this Section or providing a trail access point to the NOS.

B.   Rivers and Washes.

1.   All Washes shall be preserved in an undisturbed condition and the habitat value preserved in its original condition. Secondary Washes having no vegetation or plants being preserved in place may be altered or eliminated.

2.   An undisturbed area of twenty-five (25) feet measured from the edge of riparian vegetation or the floodplain, whichever is greater, shall be preserved on both sides of a Wash that has a one hundred-year peak flow greater than seven hundred (700) cfs.

3.   If a Wash has a one hundred-year peak flow of less than seven hundred (700) cfs, the area to remain undisturbed should be determined by a width sufficient to allow for wildlife passage outside of the incised wash.

4.   No major structural changes or improvements shall be allowed in preserved Washes. Protected plants shall be left in place except as follows:

a.   To prevent erosion from channelization or combination of smaller washes;

b.   To allow wash crossings of roadways, trails and utility easements. Trails and utilities may cross washes, but in no way shall they be placed in the wash bed running within and parallel to the wash bottom. Public utility easements shall be restored when construction is completed;

c.   To prevent wash migration, where structures are placed behind the required wash setback; and,

d.   To allow discharge from adjacent retention or drainage facilities, as approved by the City Engineer as part of a drainage system improvement plan resulting from a drainage study performed by an engineer registered in the state of Arizona.

C.   Wildlife Habitat.

1.   Corridors shall be established along both sides of washes identified for conservation which include the estimated 100-year floodplain and an additional upland buffer of 25 feet or the outer edge of the erosion hazard zone, if identified in a map as part of a drainage system improvement plan resulting from a drainage study performed by an engineer registered in the state of Arizona, whichever is greater. Non-motorized trails shall be permitted within the upland buffer.

2.   Linear utility lines shall be placed parallel to, but just outside, the conserved wash and associated upland buffer to provide a more gradual transition to developed areas. Utility lines shall be buried in accordance with the City of Peoria Infrastructure Development Guidelines and restored using indigenous plants so that there is no net loss of habitat function or value.

D.   Scenic Resources.

1.   A scenic corridor of 100 feet, measured from the edge of floodplain, shall be established along both sides of the Agua Fria River within which the immediate foreground is kept intact with native or enhanced desert vegetation and no structures are permitted, except for those associated with utilities, stormwater management, and roadways.

2.   Scenic corridor buffers, measured from edge of right-of-way, of 50 feet within the Rural Section, 30 feet within the Suburban Section, and 15 feet within the Urban Section, shall be established along both sides of the Lake Pleasant Parkway Corridor within which the immediate foreground is kept intact with native or enhanced desert vegetation and no structures are permitted, except those associated with utilities, stormwater management, and roadways. The limits of the Rural, Suburban, and Urban Sections are shown on Figure 4, Development Section Map, of The Lake Pleasant Parkway Corridor Specific Area Plan dated March 6, 2000, as may be amended.

E.   Cultural Resources.

1.   Preliminary Archaeological Site Review. Provide a letter report, to be submitted with the Existing Conditions Data Report, from the Arizona State Museum, the State Historic Preservation Office (SHPO), or an Archaeologist that reviews all of the available archaeological information for the site. This record check shall: determine whether the site has been field surveyed for cultural resources;

a.   Identify any previously-recorded archaeological or historic resources known to exist on the property;

b.   State the probability that buried archaeological resources not visible from the surface would be discovered on the site; and,

c.   Make a recommendation as to whether an archaeological survey of the site is needed.

2.   Archaeological Survey; Duties of the Archaeologist. If an archaeological survey of the site is recommended then the following tasks shall be completed by an Archaeologist.

a.   Complete a field survey and submit the results with the Existing Conditions Data Report. Any cultural resources identified shall be entered by the Archaeologist making the discovery into the Arizona State Museum site file system.

b.   Describe and map archaeological and historic sites identified on the property in either the records check or the field survey. Detailed location maps of such sites should not be included in the site analysis, but should be available from the Archaeologist for staff review as necessary.

c.   The Archaeologist shall complete an archaeological report that:

i.   Determines the significance of the reported cultural resource(s);

ii.   Assesses the impact of the proposed development on the cultural resource(s). If the resource cannot be preserved in place or protected by acceptable means, it must be mitigated;

iii.   Makes a determination that the cultural resource must be either preserved/protected or mitigated;

iv.   Identifies mitigation measures and a mitigation plan that have been reviewed and approved by the City and/or SHPO.

3.   Any proposed mitigation measures shall be reviewed and approved by SHPO, having primary responsibility, and/or the City, as the Certified Local Government with jurisdiction, prior to the commencement of any activity on the site.

F.   Native Plants.

1.   No person shall destroy, mutilate, remove from the premises, or relocate to another place on the premises any protected native plant on land that is subject to the provisions of this Section without first obtaining a Native Plant Permit.

2.   Minimum size requirements necessary to establish Protected Plant Status include 4 inch caliper or greater for trees, 5 feet diameter or greater branch reach for shrubs, and 3 feet tall or greater for cacti. Creosote (larea tridentada) shall be exempt from designation as a Protected Plant.

3.   Protected Native Plant List. The rationale for inclusion on the Protected Plant List includes one or more of the following:

a.   Preservation of the plant enhances the City's aesthetic appeal by conserving unique scenic character;

b.   The plant is slow growing and therefore it is difficult and cost prohibitive to find comparable nursery-grown stock for replacement;

c.   The plant alone or in combination with others provides unique wildlife habitat; and

d.   The proven success rate in the region of salvaging plants of a certain size.

4.   Native Sonoran Desert vegetation should not be pruned or removed from areas identified as Natural Open Space unless demonstrated to the City that a health, safety or welfare issue exists. This includes removal of dead trees or cacti.

5.   Plants specified on the prohibited plant species list shall not be allowed. Certain plants that do well in this region present a distinctly non-desert appearance and/or pose potential hazards to the native vegetation, wildlife and landscape due to their invasive nature. The following plants exhibit these characteristics:

6.   The prohibited plant species list shall be provided by the Developer to all purchasers of property within the development. Exceptions to the Prohibited Plant Species List may be approved by the Zoning Administrator or designee subject to a report from a registered landscape architect and a satisfactory recommendation from the Community Services Department.

7.   In areas designated as NOS, where a portion has been burned or previously damaged, the area shall be restored by the property owner. Restoration shall be typical of the surrounding area, i.e., tree-lined washes shall be restored with trees of the same species, size, density and placement; graded slopes shall be re-contoured similar to nearby slopes, etc. The property owner shall be responsible for the management of private restored areas. Where this occurs at the edge between public and private development, the public open space shall be restored by the owner of property immediately adjacent to the public open space at the same time as the private open space.

A.   The Native Plant Preservation Plan shall be prepared by a botanist that has received a formal education in Botany, Biology or Ecology, a Licensed Landscape Architect or other professional with similar training and that has experience working with plants and ecosystems of the Sonoran Desert. The plan shall contain information and procedures regarding the following tasks:

1.   Plant Inventory;

2.   Plant tagging;

3.   Plant salvaging;

4.   Establishing and managing the temporary salvage plant nursery; and

5.   Transplanting the salvaged plants.

B.   The Native Plant Permit authorizes a process for preservation and salvaging of native plants. The process includes the following activities:

1.   Preparation of a Native Plant Preservation Plan;

2.   Plant Inventory;

3.   Acquisition of a Native Plant Permit;

4.   Tagging of all native plants as to disposition;

5.   Establish the temporary native plant nursery;

6.   Move native plants to be salvaged to the nursery;

7.   Transplant the salvaged plants; and

8.   Termination of the temporary native plant nursery and restoration of the nursery site.

C.   Submittal Requirements. Any submittals made for a Native Plant Permit shall comply with the requirements contained in this Section. The developer of a single family custom home shall not require a Native Plant Permit. Submittals must be complete and submitted to the Planning Department with the appropriate fee.

1.   Native Plant Preservation Plan containing:

a.   Project name and address;

b.   Owner name, address, and phone number;

c.   Proposed salvage contractor, cacti salvage contractor, and tax license number;

d.   Quarter Section Number;

e.   Prior Peoria case numbers;

f.   Number of protected plants to be relocated;

g.   Number of protected plants to be destroyed;

h.   Total number of protected plants disturbed;

i.   Brief description of your project including estimated timing of salvaging and relocation of plants, plant nursery location, transplanting activities and any other relevant information.

2.   Three (3) copies of the site plan aerial with plat overlay indicating the location by tag number each plant which is required to be protected per the Protected Native Plant List (from the NPPP).

3.   Three (3) copies of the plant inventory performed by a City of Peoria Approved Salvage Contractor (which corresponds to the tag number on the site plan) indicating the following (from the NPPP):

a.   Plant type;

b.   Plant size in caliper inches;

c.   Plant salvageability (Any plant that is determined to be unsalvageable must have an explanation of the present status of the plant material.);

d.   Whether the plant will remain in place, be moved to another location or be destroyed. (Any plant that is destroyed must have an explanation detailing why the plant cannot remain in place or be moved.)

e.   Current market value by species and size for all plants identified for salvage.

4.   Temporary project nursery location shown on a map, in a written description or as an address (from the NPPP). Notice of when plant materials have been tagged in the field for City Staff review.

5.   Letter of Authorization from the property owner identifying the city-approved salvage contractor for the project and verifying that all plants are to be replanted on site (from the NPPP).

6.   A copy of the form notifying the Arizona Department of Agriculture, Native Plant Section, of the intent to destroy plant materials protected by state statutes (from the NPPP).

D.   Responsibility for obtaining permit. A Native Plant Permit may be obtained by the property owner of record or by another party acting as agent upon presentation of written authorization by the property owner of record.

E.   Action on applications. Applications may be approved, approved conditionally, or denied. Where the Zoning Administrator or designee determines that the application is in conformance with the provisions of this Section, a permit shall be issued, with such conditions attached as necessary to insure that the Native Plant Preservation Plan is successfully accomplished. Where it is determined that the application is not in conformance with the provisions of this Section, the application shall be denied. Action taken on applications may be appealed to the hearing officer appointed by the City Manager according to the procedures specified in this Section.

F.   Timing of Permit approval. No Native Plant Permit shall be issued unless an application is submitted in conjunction with an existing or proposed development that requires administrative approval, Planning and Zoning Commission approval, City Council approval, Board of Adjustment approval, or approval of a plat as determined by the City Manager or designee. For proposed development, the Native Plant Permit shall not be issued until the necessary development approvals have been secured.

G.   Modification. It shall be unlawful to modify, alter, or amend an approved Native Plant Permit or an accompanying Native Plant Preservation Plan without reapplication for a Native Plant Permit according to the provisions of this Section.

H.   Expiration.

1.   Every permit issued by the City under the provisions of this Section shall expire and become null and void if the work authorized under the provisions of this Section is not commenced within ninety (180) days from the date of issuance, unless otherwise specified as a condition of the permit approval or if the work authorized under the provisions of this Section is suspended or abandoned for a period of ninety (90) days. Before such work can be recommenced, a new permit shall be obtained to do so pursuant to the provisions of this Section.

2.   Work shall be completed within the time period specified on the Native Plant Permit. The Zoning Administrator or designee shall have the authority to grant a ninety (90) day extension of the time limit for completion of the work upon written request of the applicant. Failure to comply with the time limitation without an extension authorized by the city shall require application for a new permit pursuant to the provisions of this Section.

I.   Exemptions. Governmental agencies shall be exempted from the payment of fees herein required, provided that only such property occupied, operated, and maintained for government purposes by the above-mentioned agencies shall be so exempted. All other provisions of this Section shall apply to these agencies.

J.   Plants to be tagged; requirements.

1.   All plants with Protected Plant Status scheduled to remain in place or authorized for destruction or relocation by the approved Native Plant Permit must be tagged and numbered prior to permit submittal. Tags shall be color-coded according to the following schedule so that the status of each plant affected by the development proposal may be easily identified: