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Section 657. FH-Flood Hazard and Erosion Management District.
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A. Purpose and Intent. The purpose of the Flood Hazard and Erosion Management District is to establish regulations pertaining to the use and development of land within erosion control zones. These regulations are designed to minimize potential adverse impacts to the public health, safety, and general welfare, including but not limited to the loss of life and property which may result from flooding caused by storm event surface runoff. It is further intended that watercourses be retained and maintained in a natural desert state with limited flood control structures. Flood control structures shall be designed to reflect a natural condition and to blend with the natural environment.

B. Permitted Uses.

1. Conveyance of stormwater. The watercourse shall remain in a natural state, except that limited structural improvements shall be permitted (when deemed necessary by the Flood Control District of Maricopa County and/or City of Phoenix pursuant to a Watercourse/Area Drainage Master Plan Study to ensure the public health, safety, and welfare and when designed to reflect a natural condition through such means as color treatment or buried cutoff walls).

2. Water recharge.

3. Open space, natural or unimproved.

4. Open space, improved—shall be limited to non-motorized recreational activities including hiking/riding trails, exercise par courses, picnic areas and similar activities within a natural desert landscape. There shall be no game/sports courts or grassed areas. Structures shall be limited to security lighting, open fencing, shade structures, tables, seating, and exercise equipment which shall not impede stormwater conveyance.

5. Residential use—When a lot or parcel that is partially covered by this zoning district also includes land that is residentially zoned, then residential use at a density not to exceed one dwelling unit per acre on the portion covered by this district may be transferred to the adjoining residential district. In addition, all structures, parking, and accessory uses, except as otherwise permitted by this district, shall be transferred to the adjoining residential zoning district.

6. Non-residential development—When a lot or parcel that is partially covered by this zoning district also includes land that is non-residentially zoned, then non-residential intensity at a floor area ratio of 0.1 on the portion covered by this district may be transferred to the adjoining non-residential district. In addition, all structures, parking, and accessory uses, except as otherwise permitted by this district shall be transferred to the adjoining non-residential districts.

7. Utilities—which shall be limited to wash crossings only. All installations shall be protected against scouring.

8. Roadway/bridge crossings. The span between bridge abutments shall be as recommended in the Flood Control District of Maricopa County and/or City of Phoenix Watercourse Master Plan. The use of piers (as necessary) is not precluded. The height of the span shall allow for appropriate wildlife corridor use as approved by the City of Phoenix. Temporary wet crossings, as approved by the City of Phoenix, may be allowed when deemed necessary to provide private or public access.

C. District Requirements.

1. An application for the establishment of this district shall be made in accordance with Section 506.B following the completion of a Watercourse/Area Drainage Master Plan Study approved by the Flood Control District of Maricopa County and the City of Phoenix to determine the extent of the erosion control zone.

2. There shall be no fill or excavation of material within this district except as minimally necessary to construct utility and roadway/bridge crossings, flood control structures, and landscape enhancements or restoration.

3. Resource based revegetation and where appropriate, native landscape enhancements shall be permitted as approved by the City of Phoenix.

4. The width of utility or roadway construction corridors shall be the minimum necessary as approved by the City of Phoenix. The corridor shall be fenced (or an acceptable alternative) to prevent disturbance beyond the corridor. Following construction the corridor shall be revegetated as approved by the City of Phoenix utilizing resource based vegetation.

5. When the area covered by this zoning district is combined with an adjacent zoning district/s for development purposes, then the flood hazard and erosion management zone area may be used to calculate setback or open space requirements for the developed portion of the site.

6. When the area covered by this zoning district utilizes residential density or non-residential intensity transfer as provided in Subsection B.4 or B.5, then the area shall be dedicated as a drainage and open space tract at the time of development review approval.

7. That except as specifically regulated herein, development within the district shall be subject to the Phoenix City Code, Article 1, Chapter 32B, Floodplains.

D. Development Review Approval.

1. Development review and approval is required in accordance with Section 507 for development purposes. (Ord. No. G-4457, 2002)