DIVISION 5. PERFORMANCE CRITERIA

2.5.1.2 Permitted Land Uses. The following Land Use Classes are principal Permitted Land Uses within this zone, subject to compliance with the development and compatibility criteria listed for the Development Designator indicated and to any additional conditions listed for each use. The number or letter in quotation marks following the Land Use Class refers to the Development Designator provisions of Sec. 3.2.3.

2.5.1.3 Special Exception Land Uses. The following Land Use Classes are not permitted within this zone, unless approved through the special approval procedure noted for the Land Use Class, and are subject to any additional conditions listed. The number or letter in quotation marks following the Land Use Class refers to the Development Designator provisions of Sec. 3.2.3. For further information concerning Special Exception Land Use applicability, refer to Sec. 5.3.9.

2.5.3.2 Permitted Land Uses. The following Land Use Classes are principal Permitted Land Uses within this zone, subject to compliance with the development and compatibility criteria listed for the Development Designator indicated and to any additional conditions listed for each use. The number or letter in quotation marks following the Land Use Class refers to the Development Designator provisions of Sec. 3.2.3.

2.5.3.3 Special Exception Land Uses. The following Land Use Classes are not permitted within this zone, unless approved through the special approval procedure noted for the Land Use Class, and are subject to any additional conditions listed. The number or letter in quotation marks following the Land Use Class refers to the Development Designator provisions of Sec. 3.2.3. For further information concerning Special Exception Land Use applicability, refer to Sec. 5.3.9.

2.5.4.2 Permitted Land Uses. The following Land Use Classes are principal Permitted Land Uses within this zone, subject to compliance with the development and compatibility criteria listed for the Development Designator indicated and to any additional conditions listed for each use. The number or letter in quotation marks following the Land Use Class refers to the Development Designator provisions of Sec. 3.2.3.

2.5.4.3 Special Exception Land Uses. The following Land Use Classes are not permitted within this zone, unless approved through the special approval procedure noted for the Land Use Class, and are subject to any additional conditions listed. The number or letter in quotation marks following the Land Use Class refers to the Development Designator provisions of Sec. 3.2.3. For further information concerning Special Exception Land Use applicability, refer to Sec. 5.3.9.

1. Food and Beverage Sales - Large Retail Establishment "31", subject to: Approval through a Type IV Administrative Procedure, Sec. 5.4.3.4, and Sec. 3.5.9.7.C

2. Food and Beverage Sales - Large Retail Establishment "31", subject to: Approval through a Type V Administrative Procedure, Sec 5.4.3.5, and Sec. 3.5.9.7.D

3. General Merchandise Sales - Large Retail Establishment "31", subject to: Approval through a Type IV Administrative Procedure, Sec. 5.4.3.4, and Sec. 3.5.9.7.C

4. General Merchandise Sales - Large Retail Establishment "31", subject to: Approval through a Type V Administrative Procedure, Sec 5.4.3.5, and Sec. 3.5.9.7.D

2.5.5.2 Permitted Land Uses. The following Land Use Classes are principal Permitted Land Uses within this zone, subject to compliance with the development and compatibility criteria listed for the Development Designator indicated and to any additional conditions listed for each use. The number or letter in quotation marks following the Land Use Class refers to the Development Designator provisions of Sec. 3.2.3.

2.5.5.3 Special Exception Land Uses. The following Land Use Classes are not permitted within this zone, unless approved through the special approval procedure noted for the Land Use Class, and are subject to any additional conditions listed. The number or letter in quotation marks following the Land Use Class refers to the Development Designator provisions of Sec. 3.2.3. For further information concerning Special Exception Land Use applicability, refer to Sec. 5.3.9.

1. Food and Beverage Sales - Large Retail Establishment "34", subject to: Approval through a Type IV Administrative Procedure, Sec. 5.4.3.4, and Sec. 3.5.9.7.C

2. Food and Beverage Sales - Large Retail Establishment "34", subject to: Approval through a Type V Administrative Procedure, Sec 5.4.3.5, and Sec. 3.5.9.7.D

3. General Merchandise Sales - Large Retail Establishment "34", subject to: Approval through a Type IV Administrative Procedure, Sec. 5.4.3.4, and Sec. 3.5.9.7.C

4. General Merchandise Sales - Large Retail Establishment "34", subject to: Approval through a Type V Administrative Procedure, Sec 5.4.3.5, and Sec. 3.5.9.7.D

2.6.1.2 Permitted Land Uses. The following Land Use Classes are principal Permitted Land Uses within this zone, subject to compliance with the development and compatibility criteria listed for the Development Designator indicated and to any additional conditions listed for each use. The number or letter in quotation marks following the Land Use Class refers to the Development Designator provisions of Sec. 3.2.3.

2.6.1.3 Special Exception Land Uses. The following Land Use Classes are not permitted within this zone, unless approved through the special approval procedure noted for the Land Use Class, and are subject to any additional conditions listed. The number or letter in quotation marks following the Land Use Class refers to the Development Designator provisions of Sec. 3.2.3. For further information concerning Special Exception Land Use applicability, refer to Sec. 5.3.9.

2. Food and Beverage Sales - Large Retail Establishment "35", subject to: Approval through a Type IV Administrative Procedure, Sec. 5.4.3.4, and Sec. 3.5.9.7.C

3. Food and Beverage Sales - Large Retail Establishment "35", subject to: Approval through a Type V Administrative Procedure, Sec 5.4.3.5, and Sec. 3.5.9.7.D

4. General Merchandise Sales - Large Retail Establishment "35", subject to: Approval through a Type IV Administrative Procedure, Sec. 5.4.3.4, and Sec. 3.5.9.7.C

5. General Merchandise Sales - Large Retail Establishment "35", subject to: Approval through a Type V Administrative Procedure, Sec 5.4.3.5, and Sec. 3.5.9.7.D

2.6.2.2 Permitted Land Uses. The following Land Use Classes are principal Permitted Land Uses within this zone, subject to compliance with the development and compatibility criteria listed for the Development Designator indicated and to any additional conditions listed for each use. The number or letter in quotation marks following the Land Use Class refers to the Development Designator provisions of Sec. 3.2.3.

2.6.2.3 Special Exception Land Uses. The following Land Use Classes are not permitted within this zone, unless approved through the special approval procedure noted for the Land Use Class, and are subject to any additional conditions listed. The number or letter in quotation marks following the Land Use Class refers to the Development Designator provisions of Sec. 3.2.3. For further information concerning Special Exception Land Use applicability, refer to Sec. 5.3.9.

2. Food and Beverage Sales - Large Retail Establishment "36", subject to: Approval through a Type IV Administrative Procedure, Sec. 5.4.3.4, and Sec. 3.5.9.7.C

3. Food and Beverage Sales - Large Retail Establishment "36", subject to: Approval through a Type V Administrative Procedure, Sec 5.4.3.5, and Sec. 3.5.9.7.D

4. General Merchandise Sales - Large Retail Establishment "36", subject to: Approval through a Type IV Administrative Procedure, Sec. 5.4.3.4, and Sec. 3.5.9.7.C

5. General Merchandise Sales - Large Retail Establishment "36", subject to: Approval through a Type V Administrative Procedure, Sec 5.4.3.5, and Sec. 3.5.9.7.D

2.7.2.2 Permitted Land Uses. The following Land Use Classes are principal Permitted Land Uses within this zone, subject to compliance with the development and compatibility criteria listed for the Development Designator indicated and to any additional conditions listed for each use. The number or letter in quotation marks following the Land Use Class refers to the Development Designator provisions of Sec. 3.2.3.

2.7.2.3 Special Exception Land Uses. The following Land Use Classes are not permitted within this zone, unless approved through the special approval procedure noted for the Land Use Class, and are subject to any additional conditions listed. The number or letter in quotation marks following the Land Use Class refers to the Development Designator provisions of Sec. 3.2.3. For further information concerning Special Exception Land Use applicability, refer to Sec. 5.3.9.

2. Food and Beverage Sales - Large Retail Establishment "34", subject to: Approval through a Type IV Administrative Procedure, Sec. 5.4.3.4, and Sec. 3.5.9.7.C

3. Food and Beverage Sales - Large Retail Establishment "34", subject to: Approval through a Type V Administrative Procedure, Sec 5.4.3.5, and Sec. 3.5.9.7.D

4. General Merchandise Sales - Large Retail Establishment "34", subject to: Approval through a Type IV Administrative Procedure, Sec. 5.4.3.4, and Sec. 3.5.9.7.C

5. General Merchandise Sales - Large Retail Establishment "34", subject to: Approval through a Type V Administrative Procedure, Sec 5.4.3.5, and Sec. 3.5.9.7.D

2.7.3.2 Permitted Land Uses. The following Land Use Classes are principal Permitted Land Uses within this zone, subject to compliance with the development and compatibility criteria listed for the Development Designator indicated and to any additional conditions listed for each use. The number or letter in quotation marks following the Land Use Class refers to the Development Designator provisions of Sec. 3.2.3.

2.7.3.3 Special Exception Land Uses. The following Land Use Classes are not permitted within this zone, unless approved through the special approval procedure noted for the Land Use Class, and are subject to any additional conditions listed. The number or letter in quotation marks following the Land Use Class refers to the Development Designator provisions of Sec. 3.2.3. For further information concerning Special Exception Land Use applicability, refer to Sec. 5.3.9.

1. General Merchandise Sales - Large Retail Establishment "35", subject to: Approval through a Type IV Administrative Procedure, Sec. 5.4.3.4, and Sec. 3.5.9.7.C

3.3.4 REQUIRED NUMBER OF MOTOR VEHICLE AND BICYCLE PARKING SPACES. The number and location of off-street motor vehicle and bicycle parking spaces required for each Land Use Class are listed below. For an explanation of the Land Use Groups and Land Use Classes, see Sec. 6.3.0. See Sec. 3.3.7.1 for an explanation of the terms "SB" and "SA". Any exceptions to the following listings are located in Sec. 3.3.6.

K. A retail establishment (store) is limited to a maximum of one hundred thousand (100,000) square feet of floor area. The one hundred thousand (100,000) square feet of floor area includes gross floor area, outdoor storage areas, and any outside area which provides associated services to the public, such as, but not limited to, outdoor merchandise display, snack bars, etc. The floor area does not include motor vehicle parking or loading areas.

For the purposes of determining the applicability of the one hundred thousand (100,000) square foot floor area maximum, the aggregate square footage of all adjacent stores, which share checkstands, management, a controlling ownership interest, and storage areas, shall be considered one establishment, e.g., a plant nursery associated with a general merchandise store, such as a home improvement store.

Establishments greater than one hundred thousand (100,000) square feet of floor area (Large Retail Establishments) are considered through the process provided in the applicable zone.

D. A retail establishment (store) is limited to a maximum of one hundred thousand (100,000) square feet of floor area. The one hundred thousand (100,000) square feet of floor area includes gross floor area, outdoor storage areas, and any outside area which provides associated services to the public, such as, but not limited to, outdoor merchandise display, snack bars, etc. The floor area does not include motor vehicle parking or loading areas.

Establishments greater than one hundred thousand (100,000) square feet of floor area (Large Retail Establishments) are considered through the process provided in the applicable zone.

3.5.9.7 Large Retail Establishments. Large Retail Establishments are subject to the following performance criteria, as a Permitted Land Use or as either a Type IV or Type V Administrative Special Exception Land Use, as indicated in the applicable zoning district.

A. Purpose. The Large Retail Establishment performance criteria recognize that a Large Retail Establishment, because of its physical size and magnitude of activity, may negatively impact existing and future residential land uses and public infrastructure in the vicinity of a Large Retail Establishment. Consequently, the Large Retail Establishment performance criteria are intended to:

1. Prevent or minimize negative impacts of a Large Retail Establishment on existing residential land uses or residentially zoned undeveloped land, which, by their proximity to the proposed Large Retail Establishment, are likely to be impacted by it. Those impacts include noise, light pollution, and interference with significant views.

2. Prevent or minimize negative impacts of a Large Retail Establishment on public infrastructure in the vicinity of the proposed Large Retail Establishment, including streets, pedestrian ways, transit, and recreation facilities.

4. Enhance the aesthetic quality and reduce the visual impact of a Large Retail Establishment, in terms of its external scale and appearance with consideration of surrounding land uses as viewed from public streets and existing residential uses or residentially zoned undeveloped land in the vicinity of the Large Retail Establishment, through architectural design, landscaping, and site amenities.

5. Encourage Large Retail Establishment applicants to explore alternative design and operational solutions to the mitigation of Large Retail Establishment impacts as the basis for the modification of these performance criteria.

6. Encourage redevelopment of existing commercial or industrial sites which incorporate a Large Retail Establishment as the basis for the modification of these performance criteria.

B. Large Retail Establishment - Permitted Use. The following criteria must be met in order for an applicant to develop a Large Retail Establishment as a permitted use. Should any of the criteria not be met, the applicant may apply for a Type IV Administrative Special Exception Land Use.

1. The site containing the Large Retail Establishment must not be adjacent to a Historic Preservation Zone (HPZ), a National Register Historic District, or a property or structure individually listed on the National Register of Historic Places; and

2. The site containing the Large Retail Establishment is located a minimum distance of five hundred (500) feet from property that is residentially zoned or developed with residential uses, other than residentially zoned property that is existing, dedicated right-of-way for roadway, freeway, railroad, or wash; or the site is separated from property that is residentially zoned or developed with residential uses by an existing six (6) lane roadway.

b. Vehicular Access. Access is exclusively from an arterial street, as designated in the -->Major Streets and Routes (MS&R) Plan, with four (4) or more lanes existing.

1. Pedestrian Circulation. The site containing the Large Retail Establishment shall include a continuous on-site pedestrian circulation system connecting all public access areas of the site and the pedestrian circulation system located in adjacent public streets. The system must provide direct pedestrian connections to the main entrances of stores, transit stops on- or off-site, and other buildings on the site and must include concrete sidewalks, except where asphalt is used at an intersection between a sidewalk and a parking area access lane (PAAL). Concrete sidewalks with a minimum width of eight (8) feet shall be provided along the full length of any building where it adjoins a parking lot.

2. Sidewalk Areas. Sidewalk areas within the pedestrian circulation system shall be a minimum of eight (8) feet in width and include a constructed concrete sidewalk with an unobstructed width of five (5) feet and an associated three (3) foot wide landscape strip for their entire length, except at intersections with parking area access lanes (PAALs). The landscaping shall include canopy trees or other shading devices to shade at least sixty-five (65) to seventy-five (75) percent of the sidewalks during the major part of the day.

d. Site Amenities. Pedestrian circulation ways shall be anchored by a minimum of two (2) design features, such as towers, arcades, porticos, light fixtures, planter walls, seating areas, and other architectural features, including outdoor plazas, patios, courtyards, and window shopping areas, that define pedestrian circulation paths and outdoor spaces.

1. Traffic Impact Analysis. The applicant shall have a professional entity perform a Traffic Impact Analysis (TIA) report for the project using the Institute of Transportation Engineers' Trip Generation publication as the standard for trip generation calculation. The scope and criteria for the TIA report shall be approved by the Department of Transportation, prior to submittal of the TIA report. The TIA report shall identify traffic flow impacts on the public streets; recommend mitigation measures to address those conditions that fall below the standards established by the adopted regional Mobility Management Plan; and show how the applicant will provide the recommended improvements. The TIA report is applicable to a specific application. Any change to the specific proposed use of the site and buildings requires resubmittal, review, and approval of a revised TIA report.

2. On-Site Traffic Circulation. Design of all parking area access lane (PAAL) systems shall encourage separation of delivery trucks and motor vehicle customer traffic.

a. Façades and Exterior Walls Along a Public Street Frontage. The Large Retail Establishment building shall be designed to reduce the massive scale and uniform appearance and to provide visual interest consistent with the community's identity, character, and scale. Long building walls shall be broken up with projections or recesses with depths of at least three (3) percent of the façade length along all sides of the building. Along any public street frontage, the building design shall include windows, glass block, arcades, or awnings along at least sixty (60) percent of the building length.

b. Detail Features. The Large Retail Establishment building shall include architectural features that contribute to visual interest at the pedestrian scale and reduce the massive aesthetic effect by breaking up the front, side, and rear building walls with color changes, texture changes, wall offsets, reveals, or projecting ribs.

c. Roofs and Parapets. The roof design of the Large Retail Establishment shall include variations in roof or parapet lines to add interest to, and reduce the massive scale of, the large building. Roof features shall complement the architectural and visual character of adjoining neighborhoods. Parapet walls shall be architecturally treated to avoid a plain, monotonous look.

d. Materials and Colors. Materials and colors shall be low reflective, subtle, neutral, or earth tone. Colors such as fluorescent or metallic shall not be used. Construction materials, such as concrete, smooth-faced concrete block, and other similar material, shall have textured finishes, such as paint, plaster, reveals, or other masonry veneers. Prefabricated steel panels shall not be used.

e. Entryways. The building design of the Large Retail Establishment shall include design elements that provide clearly defined, highly visible customer entrances.

1. Roof-Mounted. Roof-mounted mechanical equipment shall be designed so as to not be visible at ground level from the primary access points on the adjacent rights-of-way and shall conform architecturally to the design of the building. A wood fence or similar treatment is not acceptable.

2. Ground-Mounted. Ground-mounted mechanical equipment shall be screened with a masonry wall of sufficient height to block the view and noise of the equipment.

3. Exception. Where an elevated roadway is located adjacent to the project, roof-mounted mechanical equipment must be painted to match the color of the roof.

C. Large Retail Establishment - Type IV Administrative Special Exception Land Use. The following criteria must be met in order for an applicant to develop a Large Retail Establishment under the Type IV Administrative Special Exception Land Use process. Should any of the criteria not be met, the applicant may apply for a Type V Administrative Special Exception Land Use.

2. The adjacent property for a minimum depth of five hundred (500) feet is zoned commercial (C-1 or less restrictive) and is not developed with residential uses, or is zoned industrial, or is residentially zoned, existing, dedicated right-of-way for roadway, freeway, railroad, or wash.

1. Access is exclusively from an arterial street, as designated in the Major Streets and Routes (MS&R) Plan, with four (4) or more lanes proposed to be constructed in the adopted five (5) year Capital Improvement Program (CIP); or

2. Access is from a local street within a business or industrial park, with direct access from the local street to an arterial street, as designated in the Major Streets and Routes (MS&R) Plan, provided the project mitigates any negative impacts to any other properties using the street for access.

2. On-Site Traffic Circulation. Design of all parking area access lane (PAAL) systems shall encourage separation of delivery trucks and motor vehicle customer traffic.

e. Entryways. The building design of the Large Retail Establishment shall include design elements that provide clearly defined, highly visible customer entrances.

2. Ground-Mounted. Ground-mounted mechanical equipment shall be screened with a masonry wall of sufficient height to block the view and noise of the equipment.

3. Exception. Where an elevated roadway is located adjacent to the project, roof-mounted mechanical equipment must be painted to match the color of the roof.

D. Large Retail Establishments - Type V Administrative Special Exception Land Use. A Large Retail Establishment is permitted as a Special Exception Land Use. The decision to approve a Large Retail Establishment as a Special Exception Land Use is made by the Zoning Examiner in accordance with the Type V Administrative Procedure, Land Use Code (LUC), Sec. 5.4.3.5, subject to the following specific performance criteria.-->

A Large Retail Establishment proposal on a specific site may require more or less stringent criteria to achieve the purpose of the performance criteria. The Zoning Examiner may approve modifications to the performance criteria and/or alternative means of substantially achieving the purpose of the performance criteria, based on evidence in the record.

1. Site Design and Relationship to Surrounding Community. The performance criteria of this Section shall apply to all buildings and uses at the site, except where criteria are explicitly specified as applying only to Large Retail Establishments or only to non-Large Retail Establishment buildings and uses. Approval of a Large Retail Establishment on a site near or adjacent to residential uses or residential zoning is associated with more restrictive performance criteria.-->

1. The site containing the Large Retail Establishment is adjacent to a Historic Preservation Zone (HPZ), a National Register Historic District, or a property or structure individually listed on the National Register of Historic Places; or

2. The adjacent property for a depth of less than five hundred (500) feet is zoned commercial (C-1 or less restrictive) and is not developed with residential uses, or is zoned industrial, or is residentially zoned, existing, dedicated right-of-way for roadway, freeway, railroad, or wash; or

1. Buildings and Certain Associated Uses. On a site with a Large Retail Establishment, buildings and their associated outdoor storage areas, trash collection areas, and delivery areas and loading spaces shall be set back from residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right-of-way, a distance determined from Table 3.5.9.7-I.-->

Exception. A delivery area or loading space may extend up to fifty (50) feet closer to residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right-of-way, provided that a ten (10) foot high masonry sound attenuating wall is located within fifty (50) feet of the building and shields the truck circulation path and loading space from the adjacent property.

2. Delivery Truck Parking. In all zones, for parking of delivery trucks, there shall be a setback of three hundred fifty (350) feet from residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right-of-way, unless a building shields the truck parking area from the adjacent property; and the setback shall be not less than two hundred fifty (250) feet.

Notices shall be conspicuously posted throughout the site specifying the area or areas reserved for delivery truck parking. Only trucks delivering to or picking up from on-site businesses shall park on the site. Delivery truck parking is allowed overnight.

3. Temporary Outdoor Sales Areas Located Within Parking Lots. In all zones, temporary outdoor seasonal and other outdoor sales areas located within parking lots, which result in diversion of required parking, shall conform with Sec. 3.3.6.3 and shall be oriented to face away from and shall be set back fifty (50) feet more than the building setback from residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right of way, unless a building is located between the activity and the adjacent property. The setback shall not be less than two hundred fifty (250) feet.-->

4. Outdoor Sales Display Areas. In all zones, outdoor sales displays associated with a building, other than outdoor sales areas located within parking lots, shall be located at the front of the building and behind the required eight (8) foot wide sidewalk, and the aggregate length of such sales display areas shall not exceed thirty (30) percent of the total frontage of the building.

5. Other Buildings and Uses. Buildings with a principal use, including Alcoholic Beverage Service, Food Service, Food and Beverage Sales, Automotive - Service and Repair, General Merchandise Sales (fuel sales), Entertainment (live), Swap Meets, and similar uses as determined by the Development Services Department (DSD) Director, shall be set back not less than two hundred fifty (250) feet from residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right-of-way.

a. A landscape border having a minimum width of twenty (20) feet shall be located adjacent to the site property line where it adjoins residential uses or residentially zoned property, containing a minimum eight (8) foot high masonry wall located anywhere within the border.

b. The landscape border shall include shrubs and groundcover and canopy trees at twenty (20) to thirty (30) foot intervals, depending on the separation needed for the tree canopies to touch at maturity. The owner/developer shall be responsible for maintenance of the landscape buffer.

2. Outdoor Storage Areas. Outdoor storage areas shall be screened with a minimum eight (8) foot high masonry wall so that they are not visible from public streets, public sidewalks, internal pedestrian walkways, or adjacent residential uses or residential zoning. The screen shall be located at the edge of the outdoor storage area. Storage materials shall not be visible above the wall. Portable storage units shall be located in designated outdoor storage areas.

3. Trash Collection Areas. Trash collection areas shall be screened with a minimum eight (8) foot high masonry wall so that they are not visible from public streets, public sidewalks, internal pedestrian walkways, or adjacent residential uses or residential zoning. The wall shall be located at the trash collection area, between the area and the adjacent conditions.

4. Delivery Areas and Loading Spaces. Delivery areas and loading spaces shall be screened with a minimum ten (10) foot high masonry sound attenuating wall, measured from the loading dock floor elevation, so that they are not visible from public streets, public sidewalks, or adjacent residential uses or residentially zoned properties. The wall shall be located at the edge of the delivery area or loading space, between the area or space and the adjacent conditions.

1. Ongoing Committee. Immediately after approval of the application or plan, the Development Services Department (DSD) Director shall establish a committee consisting of the owner/operator of the Large Retail Establishment, interested neighbors within three hundred (300) feet of the site, representatives of the adjacent neighborhood association(s), applicable City Council Ward Office, and other affected parties. The purpose of this committee is to monitor ongoing compliance with the conditions of approval of the project on a semiannual basis. Written summaries of the meetings shall be provided by the developer/owner to the DSD Director, the neighborhood association(s), and those in attendance. Additional meetings to resolve conflicts or issues will be scheduled as required. The committee shall be informed of any proposed changes to the approved plan. Records of the meetings shall be maintained and made available to the parties concerned.

2. Posting. The developer/owner of the property and the owner/operator of the Large Retail Establishment shall conspicuously post, both indoors and outdoors, the phone numbers of the responsible parties to whom adjacent residents can report violations of Sec. 3.5.9.7. The posted notice shall also have the address and phone number of the Development Services Department (DSD) Director to whom violations of approved plans are to be reported. A record of the violation reports shall be kept and distributed monthly to the members of the Ongoing Committee.

3. Security Management Plan. The applicant must submit to the Development Services Department (DSD) Director and the Police Chief a security management plan describing the method and operation of security within and outside the building, including the parking area. Any changes or amendments to the plan must be filed with, and approved by, the DSD Director and the Police Chief.-->

1. Pedestrian Circulation. The site shall include a continuous on-site pedestrian circulation system connecting all public access areas of the site and the pedestrian circulation system located in adjacent public streets. The system must provide direct pedestrian connections to the main entrances of stores, transit stops on- or off-site, and other buildings on the site and must include concrete sidewalks, except where asphalt is used at an intersection between a sidewalk and a parking area access lane (PAAL). Concrete sidewalks with a minimum width of eight (8) feet shall be provided along the full length of any building where it adjoins a parking lot.

3. Sidewalk Areas. Sidewalk areas within the pedestrian circulation system shall be a minimum of eight (8) feet in width and include a constructed concrete sidewalk with an unobstructed width of five (5) feet and an associated three (3) foot wide landscape strip for their entire length, except at intersections with parking area access lanes (PAALs). The landscaping shall include canopy trees or other shading devices to shade at least sixty-five (65) to seventy-five (75) percent of the sidewalks during the major part of the day.

h. Site Amenities. Pedestrian circulation ways shall be anchored by a minimum of two (2) design features, such as towers, arcades, porticos, light fixtures, planter walls, seating areas, and other architectural features, including outdoor plazas, patios, courtyards, and window shopping areas, that define pedestrian circulation paths and outdoor spaces.

2. Parking Generation Report. The applicant may have a professional entity perform a parking generation report using the Institute of Transportation Engineers' Trip Generation publication, proposing the number of motor vehicle parking spaces required for the project, if different from the requirement in the Land Use Code (LUC), Sec. 3.3.4. The Zoning Examiner may approve a parking requirement that supersedes the number required by Sec. 3.3.0, Motor Vehicle and Bicycle Parking Requirements, as part of the review process. The parking generation report shall be accepted by the Department of Transportation and the Development Services Department (DSD), prior to the first public hearing. The parking generation report is applicable to a specific application. Any change to the specific proposed use of the site and buildings requires resubmittal, review, and approval of a revised parking generation report.

a. Delivery Truck Circulation Route. Delivery truck circulation shall be located a minimum of one hundred twenty-five (125) feet from the boundary of adjacent residential uses or residential zoning. Truck circulation routes shall be a minimum of thirty (30) feet in width.

b. Customer Vehicle Circulation. Parking area access lanes (PAALs) shall be designed to discourage on-site through traffic within one hundred twenty-five (125) feet of a site boundary adjacent to residential uses or residentially zoned property.-->

c. Overnight Parking. Automobiles, recreational vehicles, and boats that are not owned by employees or businesses on the site shall not be parked overnight.

j. Outdoor Lighting. The applicant must submit a photometric plan and outdoor lighting report that provide information on how outdoor lighting is addressed to mitigate negative impacts on residential uses or residentially zoned properties. The report will also address the negative impacts of outdoor lighting between the hours of 10:00 p.m. and 7:00 a.m. on residential uses or residentially zoned property and how they will be mitigated. Outdoor lighting between 10:00 p.m. and 7:00 a.m. shall be limited to low-pressure sodium lighting.

The height of the parking lot lighting shall be stair-stepped from approximately fourteen (14) feet within one hundred fifty (150) feet of adjacent residential uses or residentially zoned properties to a maximum thirty (30) feet for the remainder of the property and shall be coordinated with the landscape plan.

All wall-mounted lighting on buildings shall be full cutoff and directed down and away from adjacent residential uses or residentially zoned properties.

k. Noise Abatement. The applicant shall provide a noise mitigation plan indicating how the noise initiated by the land use will be mitigated to comply with noise regulations in Chapter 11 of the Tucson Code.

The noise levels measured at the residential property lines adjacent to the site shall be no greater than 45 dB(A) during the hours of 10:00 p.m. and 7:00 a.m. and no greater than 55 dB(A) between the hours of 7:00 a.m. and 10:00 p.m. or shall be no greater than 10 dB(A) above ambient noise level for those time periods.

The noise levels from devices, including, but not limited to, vehicle warning beepers, that emit impulse sounds or pure tones shall be no greater than a level determined to correspond to the averaged noise level of 55 dB(A) measured at the residential property lines adjacent to the site during the hours of 7:00 a.m. and 10:00 p.m., and such devices shall not be operated between the hours of 10:00 p.m. and 7:00 a.m.

Walls designed for noise abatement shall be placed near the sources of sound to optimally protect adjacent residential uses or residentially zoned property from the impact of noise initiated by the land use.

l. Grade Differentials. Grade differentials of three (3) feet or more between a site higher than adjacent residential uses or residentially zoned property shall be mitigated with additional landscape buffer width, increased landscaping within the landscape buffer, and/or increased building setbacks.

1. Sound Attenuating Walls. Sound attenuating walls shall be designed as recommended by an acoustic engineer in accordance with the noise mitigation report. Continuous walls over seventy-five (75) feet in length shall be varied with jogs, projections, and/or curves to break up the linearity of the wall and shall have at least two (2) surface textures. Full-sized concrete masonry units capping the wall shall be placed at right angles to the wall to overhang on the building or use side of the wall. The owner of the property shall be responsible for maintenance of the wall, including, but not limited to, graffiti removal, painting, and repairs.-->

2. Interior Site and Boundary Screen Walls. Continuous walls over seventy-five (75) feet in length shall be varied with jogs, projections, and/or curves to break up the linearity of the wall and shall have at least two (2) surface textures. Changes in wall height from one segment to another shall be stepped to provide visual continuity. Screen walls shall have the same finish on both sides. The owner of the property shall be responsible for maintenance of the wall, including, but not limited to, graffiti removal, painting, and repairs.-->

n. Neighborhood Meetings. Meetings shall be as described in Sec. 5.4.5.2 and shall be additionally compliant with the following procedures. The developer shall invite property owners within three hundred (300) feet of the site, neighborhood association(s) within one (1) mile of the site, and members of the applicable City Council Ward Office at least two (2) times prior to submitting an application. The developer may have additional meetings as needed. The developer or his/her agents shall be responsible for distributing written summaries of the meetings to everyone in attendance, to neighborhood association(s) within one (1) mile of the site, and to the applicable City Council Ward Office. The meeting summaries shall be submitted with the application.-->

2. Special Submittal Requirements. The applicant shall provide copies of the following items to the applicable City Council Ward Office: the site/development plans with grade differentials; lighting plans; noise mitigation report; traffic report; and landscape plan. Grading plans with cross sections are to be submitted to the Council Office once available.-->

a. Building Façades. The Large Retail Establishment shall be designed in such a way as to reduce the perceived mass of the building and be sensitive to the existing context of the surrounding urban environment. The building shall provide visual interest.

1. Public Street Frontage. Building elevations facing a public street shall include any combination of windows or openings, glass block, arcades, awnings, or trellises along at least sixty (60) percent of the building length. Expanses of walls over fifty (50) feet in length shall be broken up with projections and/or recesses with depths of at least eighteen (18) inches. Walls shall be designed with a variety of textures and colors, and landscaping shall be provided to further soften the scale of the building.

2. Other than Public Street Frontage. Expanses of walls over fifty (50) feet in length shall be broken up with projections and/or recesses with depths of at least eighteen (18) inches. Walls shall be designed with a variety of textures and colors, and landscaping shall be provided to further soften the scale of the building.

b. Detail Features. The Large Retail Establishment shall include architectural features that contribute to visual interest at the pedestrian scale and reduce the massive aesthetic effect by breaking up the front, side, and rear building walls with color changes, texture changes, wall offsets, reveals, or projecting ribs.

1. Materials and colors used for the Large Retail Establishment shall be low reflective, subtle, neutral, or earth tone. Colors such as fluorescent or metallic shall not be used. Construction materials, such as concrete, smooth-faced concrete block, and other similar material, shall have textured finishes, such as paint, plaster, reveals, or other masonry veneers. Prefabricated steel panels shall not be used.

2. The Large Retail Establishment building shall have exterior building materials and colors that are compatible with materials and colors that are used in nearby residential neighborhoods.

e. Entryways. The building design of the Large Retail Establishment shall include design elements that provide clearly defined, highly visible customer entrances.

f. Screening of Mechanical Equipment. Mechanical equipment associated with all uses on the site shall be screened to mitigate noise and views from all adjacent street frontages.

1. Roof-Mounted. Roof-mounted mechanical equipment shall be designed so as to not be visible at ground level from the primary access points on the adjacent rights-of-way, or from adjacent residential properties, and shall conform architecturally to the design of the building. A wood fence or similar treatment is not acceptable.

2. Ground-Mounted. Ground-mounted mechanical equipment shall be screened with a masonry wall of sufficient height to block the view and noise of the equipment.

3. Exception. Where an elevated roadway is located adjacent to the project, roof-mounted mechanical equipment must be painted to match the color of the roof.

g. Safe by Design. The design of the project shall provide for the safety of those on the site and may include, but is not limited to, security camera surveillance, visibility from inside the facilities, adequate site lighting, and careful selection and placement of landscaping.-->

3. Development Review Board (DRB). All proposed Large Retail Establishments shall be reviewed by the Development Review Board (DRB) for recommendation to the Development Services Department (DSD) Director, who will make a recommendation to the Zoning Examiner on whether it complies with the performance criteria. The DRB will base its recommendation on whether or not the project complies with the performance criteria related to aesthetics, elevations, and landscaping on-site, as provided in Sec. 3.5.9.7, where specific requirements are not provided.

E. Exception. A Large Retail Establishment that has been described in a conceptual or approved development plan and approved by the Mayor and Council through the approval of a rezoning, a change of rezoning condition, or a Planned Area Development (PAD) shall not be subject to approval through the Type V Special Exception Land Use process, Sec. 5.4.3.5.

5.4.3.4 Type IV Administrative Procedure. Applications filed under this procedure require review and approval by the Planning Director. This procedure is used for the review of Special Exception Land Use applications which require Planning Director approval.

I. Change in Conditions of Approval or Concept Plan. A request to amend conditions of approval or a concept plan requires Planning Director consideration in accordance with Sec. 5.4.5.19.-->

J. Appeal. An appeal of the Planning Director's decision may be filed with the Planning Department by a party of record within fourteen (14) days of the date of decision. The appeal shall be considered in accordance with Sec. 5.4.4.4, Type IV Appeal Procedure. The filing of an appeal stays all proceedings.

5.4.3.5 Type V Administrative Procedure. Applications filed under this procedure require a public hearing and decision by the Zoning Examiner. This procedure is used for review of Special Exception Land Use applications which require Zoning Examiner approval, Expansions of Nonconforming Uses, and Substitutions of Nonconforming uses (uses not within the same Land Use Class).

I. Change in Conditions of Approval or Concept Plan. A request to amend conditions of approval or a concept plan requires Zoning Examiner consideration in accordance with Sec. 5.4.5.19.

J. Appeal. An appeal of the Zoning Examiner's decision may be filed with the Planning Department by a party of record within fourteen (14) days of the date of decision. The appeal shall be considered in accordance with Sec. 5.4.4.3, Type III Appeal Procedure. The filing of an appeal stays all proceedings.

5.4.5.19 Change to Conditions of Approval or to a Concept Plan. Within seven (7) days of application for a change to conditions of approval or to a concept plan, the Planning Director shall make a decision regarding whether or not the application complies with the General Plan, as implemented by specific and redevelopment plans, such as subregional, area, and neighborhood plans, and whether it constitutes a substantial or minor change to conditions or a substantial or minor change to a concept plan. The Planning Director's decision may be appealed by the applicant within ten (10) days of the notice of decision per Sec. 5.4.4.3, Type III Appeal Procedure.

1. Zoning Examiner or Mayor and Council. A request to make a substantial change to conditions of approval or to a concept plan originally approved by the Zoning Examiner or Mayor and Council requires reapproval by the original decision-making body after a public hearing. Notice of such hearing shall be by Published Notice in accordance with Sec. 5.4.5.7.C and Mailed Notice in accordance with Sec. 5.4.5.7.A.1 to Expanded Area A as provided in Sec. 5.4.5.7.A.2.c.

2. Planning Director. A request to make a substantial change to conditions of approval or to a concept plan originally approved by the Planning Director requires reapproval by the Planning Director after notice in accordance with Sec. 5.4.5.7.A.1 to Expanded Area A as provided in Sec. 5.4.5.7.A.2.c.

1. Zoning Examiner or Mayor and Council. A request to make a minor change to conditions of approval originally approved by the Zoning Examiner or Mayor and Council requires reapproval by the original decision-making body in a public meeting. Notice for the public meeting shall be by Mailed Notice in accordance with Sec. 5.4.5.7.A.1 to Expanded Area A as provided in Sec. 5.4.5.7.A.2.c.

1. Planning Director. A request to make a minor change to conditions of approval or to a concept plan originally approved by the Planning Director requires reapproval by the Planning Director.

1. Zoning Examiner or Mayor and Council. A request to make a minor change to a concept plan originally approved by either the Zoning Examiner or the Mayor and Council may be approved by the Planning Director.

RETAIL TRADE USE GROUP Construction Material Sales Food and Beverage Sales Heavy Equipment Sales General Merchandise Sales	Motor Vehicle: SB. One (1) space per two hundred (200) sq. ft. GFA. Bicycle: Eight (8) percent - fifty (50) percent Class 1 and fifty (50) percent Class 2.

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Large Retail Establishment

Food and Beverage Sales General Merchandise Sales	Motor Vehicle: SB. One (1) space per two hundred (200) sq. ft. GFA. Bicycle: Eight (8) percent - fifty (50) percent Class 1 and fifty (50) percent Class 2.

Home Improvement Center	Motor Vehicle: SB. One (1) space per three hundred (300) sq. ft. GFA. Bicycle: Eight (8) percent - fifty (50) percent Class 2.

Furniture, Carpet, or Appliance Store	Motor Vehicle: SB. One (1) space per four hundred (400) sq. ft. GFA. Bicycle: Eight (8) percent - fifty (50) percent Class 1 and fifty (50) percent Class 2.

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