Land Use Code

Article 2. ZONES

DIVISION 8. OVERLAY ZONES

2.8.1 HILLSIDE DEVELOPMENT ZONE (HDZ)
2.8.2 SCENIC CORRIDOR ZONE (SCZ)
2.8.3 MAJOR STREETS AND ROUTES (MS&R) SETBACK ZONE
2.8.4 GATEWAY CORRIDOR ZONE
2.8.5 AIRPORT ENVIRONS ZONE (AEZ)
2.8.6 ENVIRONMENTAL RESOURCE ZONE (ERZ)
2.8.7 RESERVED
2.8.8 "H" HISTORIC PRESERVATION ZONE (HPZ)
2.8.9 DRACHMAN SCHOOL OVERLAY (DSO) ZONE
2.8.10 RIO NUEVO AND DOWNTOWN (RND) ZONE
2.8.11 “N” NEIGHBORHOOD PRESERVATION ZONE (NPZ)

2.8.1 HILLSIDE DEVELOPMENT ZONE (HDZ).

2.8.1.1 Introduction. Tucson is surrounded by mountains. These mountainous areas exhibit steep slopes which may contain unstable rock and soils. Development on potentially unstable soils or rock can be hazardous to life and property. Development in these areas should utilize construction methods which ensure slope stabilization and minimize soil erosion.

2.8.1.2 Purpose. This zone provides for the reasonable use of hillside areas and related lands while protecting the public health, safety, and general welfare by:

A. Determining whether certain types of soil conditions exist, such as loose or easily eroded soils or rocky soils which may require blasting, and utilizing appropriate engineering technology to result in stable slopes during and subsequent to development.

B. Reducing water runoff, soil erosion, and rock slides by minimizing grading and by requiring revegetation.

C. Permitting intensity of development compatible with the natural characteristics of hillside terrain, such as degree of slope, significant landforms, soil suitability, and existing drainage patterns.

D. Preserving the scenic quality of the desert and mountain environment through the retention of dominant peaks and ridges in their natural states.

E. Reducing the physical impact of hillside development by encouraging innovative site and architectural design, minimizing grading, and requiring restoration of graded areas.

F. Providing safe and convenient vehicular access by encouraging development on the less steeply sloped terrain.

G. Promoting cost-efficient public services by encouraging development on the less steeply sloped terrain, thereby minimizing service extensions and utility costs and maximizing access for all necessary life safety services.

2.8.1.3 Applicability. The provisions of the Hillside Development Zone (HDZ) apply to development in the areas listed below. (See Illustration 2.8.1.3.)

A. Protected Peak and Ridge Areas. Any lot or parcel containing protected peak and ridge areas designated for protection by the Mayor and Council, as shown on the City Zoning Maps.

B. Slope Areas of Fifteen (15) Percent or Greater. Any lot or parcel containing slopes of fifteen (15) percent or greater, as shown on the HDZ Maps. Methods of analyzing slope are given in Development Standard 9-10.0. (Ord. No. 9967, §2, 7/1/04)



C. Approved Subdivisions. Any recorded subdivision plat approved in compliance with the Pima County HDZ or the City of Tucson HDZ may be developed in compliance with the conditions and stipulations as approved. If the plat is resubdivided, it must comply with all provisions of the HDZ currently in effect.

D. Exceptions.

1. The HDZ regulations do not apply to any lot or parcel located within the city limits south of the Rillito River/Tanque Verde, east of the Silverbell Road-Congress Street-Grande Avenue-Mission Road alignment, west of Harrison Road, and north of the Los Reales-Interstate 10 alignment, unless otherwise identified on the HDZ maps.

2. The HDZ regulations do not apply to vacant residentially-zoned lots or parcels, legally created as of September 15, 1980, and containing an area of sixteen thousand (16,000) square feet or less, unless, after July 19, 1989, the lot or parcel is divided into two (2) or more parcels or used for other than one (1) single-family dwelling.

3. The Hillside Development Zone (HDZ) regulations do not apply to lots or parcels annexed from Pima County which were exempt from the Pima County HDZ at the time of annexation, unless the lot or parcel is divided into two (2) or more parcels or used for other than one (1) single-family dwelling.

4. The density restrictions of Sec. 2.8.1.6 do not apply to any lot or parcel which was zoned R-1, R-2, R-3, or R-4 and located within the city limits prior to December 10, 1979, unless the lot or parcel is divided into two (2) or more parcels or used for other than one (1) single-family dwelling.

5. The Hillside Development Zone (HDZ) regulations do not apply in the following situations if the structure or vehicular circulation area existed prior to September 15, 1980.

a. Any addition to a structure which does not exceed one thousand (1,000) square feet or twenty-five (25) percent of the enclosed area of the structure, whichever is greater. Additions are to be cumulative after September 15, 1980.

b. Any alteration of, or addition to, a vehicular circulation area which does not exceed one thousand (1,000) square feet or twenty-five (25) percent of the existing vehicular circulation area, whichever is greater. Additions are to be cumulative after September 15, 1980.

c. Any paving of an existing vehicular circulation area.

E. Designation, amendment, or change of boundaries for a Hillside Development Zone, a Protected Peak or Ridge.

1. Designation. The Mayor and Council may designate new property as subject to this Hillside Development Zone or a new peak or ridge for protection by the establishment of a three hundred (300) foot setback. Consideration shall be in accordance with the Zoning Examiner Legislative Procedure, Sec. 5.4.1 and Sec. 5.4.3. The change to an existing designation, amendment to or change of the boundaries of an existing HDZ area shall be through the same process.

2. Criteria for Designation. Peaks or ridges or new HDZ areas designated for protection must:

a. Have been designated by Pima County as a Hillside Development Zone or as a protected peak or ridge prior to annexation by the City; or

b. Contain significant slopes which should be protected; or

c. Be significant in relationship to the surrounding property; or

d. Be highly visible from lower elevations; or

e. Form a silhouette against the sky when viewed from a Scenic Route.

2.8.1.4 Permitted Uses. Any use permitted by the underlying zone is allowed.

2.8.1.5 Review Required. All subdivisions and all development on any lot or parcel identified on the Hillside Development Zone (HDZ) Maps as an HDZ lot or parcel must be reviewed and approved as specified in this Section.

A. Subdivision. Proposed subdivisions are required to comply with this Section and Development Standard 9-01.0. The subdivision plat will be reviewed in accordance with the DSD Full Notice Procedure, Sec. 23A-50 and 23A-51. Hillside Development Zone (HDZ) documentation can be reviewed concurrently with the plat. The subdivision procedures are also provided in Development Standard 2-03.0.

B. Other Development. Proposed development projects, other than subdivisions, require submittal of a plan complying with the requirements of this Section and Development Standard 9-01.0 for review in accordance with the DSD – Full Notice Procedure, Sec. 23A-50 and 23A-51.

2.8.1.6 Development Criteria. The following development criteria apply to lots and parcels that are affected by this zone. Any lot or parcel created must meet the slope/size requirements of Table 2.8.1-I except as provided below. All development is subject to a three hundred (300) foot setback from each protected peak or ridge as delineated on the City Zoning Maps.

A. Single-Family Residential Development.

1. Existing Lot or Parcel Where No Land Division Occurs. The average natural cross-slope (ACS) is calculated for the entire lot or parcel. If the ACS is fifteen (15) percent or greater, Columns A, B, and D of Table 2.8.1-I apply. If the minimum land area required for the lot or parcel, based on the ACS, is greater than the area of the lot or parcel, natural areas may be designated on the lot or parcel, in accordance with Sec. 2.8.1.7, to reduce the ACS percentage. Such designated natural areas will be excluded from the ACS calculation but will be included in the land area for the lot or parcel. (See Illustration 2.8.1.6.)

2. Existing Lot or Parcel Where Land Division Occurs. The average natural cross-slope is calculated for the entire lot or parcel. If the ACS is fifteen (15) percent or greater, Columns A and C of Table 2.8.1-I apply. Natural areas may be designated on the lot or parcel in accordance with Sec. 2.8.1.7 to reduce the ACS percentage. Such natural areas will be excluded from the ACS calculation but will be included in the land area for the lot or parcel. (See Illustration 2.8.1.6.)

a. If the land division requires a subdivision plat, all areas of fifteen (15) percent or greater slope within the lot or parcel, except within natural areas, are delineated. These sloped areas then determine the design of the development according to the following criteria.

1. For any proposed lot within the parcel where the areas of fifteen (15) percent or greater slope are located outside the buildable area, the minimum lot size requirements of the underlying zone apply. The buildable area may be redefined to exclude areas of steeper slope in order to comply with this requirement. Grading may occur only within the buildable area and access to the buildable area. Grading for access may cross a delineated sloped area.

2. For any proposed lot within the parcel where the buildable area contains areas of fifteen (15) percent or greater slope, the minimum size required for that lot is one (1) acre unless a greater size is required by the underlying zone. The amount of grading permitted is indicated in Column D of Table 2.8.1-I, based on the area of the lot, Column B.

3. Yard setbacks for the applicable zone are applied to the entire parcel or to each lot within the parcel if the parcel is divided into lots.

b. If a subdivision plat is not submitted, the land area of each lot created must comply with Columns A, B, and D of Table 2.8.1-I.



B. Multifamily Residential Development.

1. The ACS is calculated for the entire lot or parcel. If the ACS is fifteen (15) percent or greater, Columns A, B, C, and D of Table 2.8.1-I apply.

2. Natural areas may be designated on the lot or parcel, in accordance with Sec. 2.8.1.7, to reduce the ACS percentage. Such natural areas will be excluded from the ACS calculation but will be included for the density calculation. (See Illustration 2.8.1.6.)

a. If the ACS of the remaining portion of the lot or parcel is less than fifteen (15) percent and contains no areas of fifteen (15) percent or greater slope, one hundred (100) percent of that portion may be graded, subject to Development Standard 9-04.0.

b. If the ACS of the remaining portion of the lot or parcel is less than fifteen (15) percent but contains areas of fifteen (15) percent or greater slope, eighty (80) percent of that portion may be graded.

c. If the ACS of the remaining portion of the lot or parcel is fifteen (15) percent or greater, Columns B, C, and D of Table 2.8.1-I apply, based on the entire area of the lot or parcel.

C. Residential Cluster Development. The purpose of the cluster option in the HDZ is to preserve the sloped areas while encouraging development on the flatter portions of a lot or parcel. Cluster development must meet the requirements of Sec. 3.6.1, Residential Cluster Project (RCP), as well as the following criteria. (See Illustration 2.8.1.6.C.)

1. All structures must be located outside the three hundred (300) foot protected peak or ridge setback area, and the protected area must be preserved as a natural area as listed in Sec. 2.8.1.7.

2. The cluster provision application may be used for either single-family or multifamily development. In order to apply the cluster option, the ACS of the area to be developed must be less than fifteen (15) percent. This may require excluding steeper slopes as natural areas in order to reduce the ACS of the remaining portion. Such natural areas will be excluded from the ACS calculation but will be included for density calculation.

a. One hundred (100) percent of the remaining portion may be graded, subject to Development Standard 9-01.0. (Ord. No. 9967, §2, 7/1/04)

b. Density is regulated by the underlying zone, based on the entire area.

c. Individual lot boundaries may include the natural areas.

D. Nonresidential Development.

1. The ACS is calculated for the entire lot or parcel. If the ACS is fifteen (15) percent or greater, Columns A, B, and D of Table 2.8.1-I apply. Column C does not apply.

2. Natural areas may be designated on the lot or parcel, in accordance with Sec. 2.8.1.7, to reduce the ACS percentage.

a. If the ACS of the remaining portion of the lot or parcel is less than fifteen (15) percent and contains no areas of fifteen (15) percent or greater slope, one hundred (100) percent of that portion may be graded, subject to Development Standard 9-01.0. (Ord. No. 9967, §2, 7/1/04)

b. If the ACS of the remaining portion of the lot or parcel is less than fifteen (15) percent but contains areas of fifteen (15) percent or greater slope, eighty (80) percent of that portion may be graded.

c. If the ACS of the remaining portion of the lot or parcel is fifteen (15) percent or greater, Columns B and D of Table 2.8.1-I apply, based on the entire area of the lot or parcel.

E. Mixed Development. When a mix of development is proposed, each type of development must meet all criteria for that development, as required by this Section.

2.8.1.7 Natural Areas. Natural areas may be designated on any lot or parcel, subject to the following criteria.

A. Development other than hiking trails will not be permitted within the legally described boundaries of a natural area. (See Illustration 2.8.1.7.)



B. The natural area will be delineated in a surveyable manner on the tentative and final plats of a subdivision or on the development plan required for development other than a subdivision and designated by legal description on a document recorded with the Pima County Recorder for a lot division.

C. A natural area may be designated as a deed-restricted portion of a privately-owned lot or as a separate parcel. This parcel may be under the ownership of a homeowners' association or deeded to any organization willing to accept responsibility for the perpetual preservation of the natural area, subject to approval and acceptance by the City of Tucson. (See Illustration 2.8.1.6.)

D. To protect the natural areas, covenants which run with the land will be provided in favor of the City of Tucson and of all owners with record interest in the natural area.

E. If natural areas are designated, then at least one (1) such natural area, if in a parcel of four (4) acres or more in size, shall be at least one-half (½) acre in size or immediately adjacent and contiguous to other land also designated as natural area which, in the aggregate, is at least one-half (½) acre in size. Sec. 2.8.1.7 applies only to natural areas and not to other common areas and open spaces, such as recreation areas, road medians, etc., which are not designated as required natural area.

2.8.1.8 Hillside Site Improvement Standard.

A. Building Height. Buildings are limited to a building height of twenty-four (24) feet for residential development and thirty (30) feet for nonresidential development or the maximum height permitted by the underlying zone, whichever is more restrictive. If the building also falls within the boundaries of other overlay zones, the more restrictive of the requirements applies. (See Illustration 2.8.1.8.)



B. Site Improvement Standard. All proposed site work, including grading, will comply with Development Standard 9-01.0. (Ord. No. 9967, §2, 7/1/04)

C. Color. All exposed exterior walls and roofs of structures, retaining walls, and accessory structures, except satellite dishes, shall be earth tone in color and will blend with the predominant natural colors found on the lot or parcel. Satellite dishes may be black. White is not permitted.

2.8.1.9 Maintenance and Protection. Measures may be required prior to approval of a subdivision plat or issuance of building permits, such as covenants, assurances, or homeowners’ associations, as may be necessary to ensure the long-term maintenance of slope control measures. (Ord. No. 9392, §1, 5/22/00)

2.8.1.10 Enforcement.

A. The developer and/or property owner will be responsible for the following.

1. Submitting average natural cross-slope and sloped area analyses, certified by an Arizona registered professional, such as an engineer, land surveyor, architect, or landscape architect, for review and verification by the City Engineer or designee. (Ord. No. 9392, §1, 5/22/00)

2. Surveying, staking, and inspection of the lot or parcel by a certified engineer or land surveyor to determine compliance with the provisions of this Section.

3. On-site enforcement by certifying to the City Engineer or designee that the development complies with the Hillside Development Zone (HDZ) regulations during the period of development. (Ord. No. 9392, §1, 5/22/00)

B. If violation of any provision of the HDZ occurs, the property owner will be responsible for bringing the violation into compliance with the requirements of this zone. This may require restoration of the site as closely as possible to its original undisturbed condition, topography, and vegetation, in order to remove the violation.

2.8.1.11 Reserved.

2.8.1.12 Variances. A request for a variance from the three hundred (300) foot setback from a protected peak or ridge as provided for in Sec. 2.8.1.6 shall meet, in addition to the findings required for a variance, the following conditions. Consideration shall be in accordance with the Board of Adjustment Full Notice Procedure, Sec. 23A-50 and Sec. 23A-52. (Ord. No. 9179, §1, 12/14/98; Ord. No. 9967, §2, 7/1/04)

A. The proposed development is for a single-family residence.

B. The only area to be graded within the protected peak and ridge setback area is for a building pad and access to the building.

C. The visible external portion of the building or structure, except for doors, windows, and mechanical equipment, shall be constructed of materials which will blend with the predominant natural colors found on the lot or parcel.

D. The highest portion of the structure shall be no higher than the elevation of the peak or ridge.

E. No more than six (6) feet of the external portion of the structure shall be exposed, except at points of ingress and egress.

F. All utilities on the lot or parcel shall be located underground.

G. The project shall be designed so that glass surfaces do not reflect beyond the lot or parcel boundaries. This can be accomplished by methods such as using nonreflective glass or providing overhangs or other window shading, structural elements, or landscaping which, when mature, will screen windows.

2.8.2 SCENIC CORRIDOR ZONE (SCZ).

2.8.2.1 Introduction. Tucson is located on a magnificent city site, with mountain ranges in all directions and attractive foothills leading up to the mountains. This setting is a scenic resource of great value for the city, for its inhabitants, and for its economy. Specifically, beautiful surroundings help to attract tourists to the city, and nationwide experience indicates that the most desirable new sources of employment have been locating in areas with the most attractive environments. Preservation of scenic resources is, therefore, important for both aesthetic and economic reasons. These valuable scenic resources include views up to and into the mountains, including the mountain profiles and their foothills, and views from the mountains across the valley. They also include significant natural vegetation and geological formations along designated Scenic Routes.

2.8.2.2 Purpose. To protect the city's unique visual setting and promote its economic well-being, performance regulations are required to assure design sensitivity to the natural scenic quality. These regulations are established to provide for the preservation of:

A. Views of prominent mountain ridge lines that form the limits of scenic viewsheds and provide a natural backdrop for sensitively designed development.

B. Viewsheds which provide the observer with a visual perspective of the area in terms of foreground, middle ground, and background.

C. The scenic quality of the desert and mountain environment through the retention of native vegetation and natural topography.

D. View windows through an aesthetic screening or siting of developmental elements that are incompatible with the natural qualities of the surrounding area.

2.8.2.3 Applicability. The provisions of the Scenic Corridor Zone (SCZ) apply to any portion of all real properties or parcels which are within four hundred (400) feet of the future right-of-way line of any Scenic Route designated on the Major Streets and Routes (MS&R) Plan. (See Illustration 2.8.2.3.)

A. Utility facilities constructed or installed pursuant to a certificate of environmental compatibility issued prior to the adoption of this Section, under the authority of Arizona Revised Statutes (ARS), Title 40, Chapter 2, Article 6.2, are exempt from the provisions of this Section.

B. On street intersections where both the SCZ and the Gateway Route overlap, the applicability of the SCZ starts seven hundred (700) feet from the Gateway Route future right-of-way line. The requirements of the Gateway Route are applicable within the described seven hundred (700) feet.

C. Designation, amendment, or change of boundaries for a Scenic Corridor Zone are established through the amendment to the designation on the MS&R Map in accordance with Sec. 2.8.3.3. (Ord. No. 9967, §2, 7/1/04)



2.8.2.4 Preservation and Reestablishment of Vegetation.

A. A buffer area thirty (30) feet wide, adjacent to the MS&R right-of-way line, is to be preserved and maintained in its natural state. The buffer area shall be in lieu of the landscape border required along street frontages under Sec. 3.7.0, Landscaping and Screening Regulations. (See Illustration 2.8.2.4.A.)

B. All landscaping, including preservation and reestablishment of native vegetation, shall comply with Sec. 3.7.5.2, Scenic Routes.

2.8.2.5 Structure Height.

A. The maximum height of a structure will be one-third (1/3) the distance of the structure from the future right-of-way line, with the following exceptions. (See Illustration 2.8.2.5.)

1. Principal structures, with a maximum height of twelve (12) feet zero (0) inches, may be constructed anywhere within the buildable area of the parcel.

2. Nonresidential structures may not exceed thirty (30) feet in height.

3. Residential structures will not exceed twenty-four (24) feet in height.

B. Where there is a conflict between these structure height regulations and those of the existing underlying zone or Hillside Development Zone (HDZ), if applicable, whichever is most restrictive will apply.



2.8.2.6 Siting.

A. Siting of structures will be such that existing natural topography and vegetation is minimally disturbed. No grading beyond that necessary for siting of buildings, parking, private yards, and structural improvements will be allowed. All existing vegetation with a caliper of four (4) inches or greater and all saguaro cacti must be preserved or relocated on the site.

B. Any development site which has at least two hundred (200) feet of frontage along a Scenic Route will have view corridors, with a combined width of at least twenty (20) percent of that frontage, which allow vision from at least one (1) point into and through that portion of the project that lies within the SCZ, from the Scenic Route. (See Illustration 2.8.2.6.B.)



C. Drainageways are to be maintained in their natural states where possible, and the discretionary authority shall be exercised only under unusual circumstances. In situations where the discretionary authority is exercised by the City Engineer or designee, modifications will be in accordance with the "Floodplain and Erosion Hazard Area Regulations." (Ord. No. 9392, §1, 5/22/00)

2.8.2.7 Parking Areas. Landscaping and screening of parking areas shall comply with Sec. 3.7.2.3, Vehicular Use Areas.

2.8.2.8 Screening. Screening shall comply with Sec. 3.7.3, Screening Requirements.

2.8.2.9 Utilities.

A. All new utilities for development on private property and on public right-of-way along Scenic Routes will be underground.

B. Where an existing development is expanded by fifty (50) percent or more in floor area or land area, new and existing utilities to all portions of the development will be located underground. Incremental expansion will be cumulative. Additions to single-family dwellings are exempt.

2.8.2.10 Additional Design Considerations.

A. Building or structure surfaces, which are visible from the Scenic Route, will have colors which are predominant within the surrounding landscape, such as desert and earth tones. Single-family dwellings, except in subdivisions recorded after May 28, 1985, are exempt.

B. Fencing and freestanding walls facing the Scenic Route will meet the material restrictions in Sec. 3.7.3, Screening Requirements.

C. Regulations for signs are stipulated in Section 3-32, Scenic Route District, of Chapter 3, Advertising and Outdoor Signs, of the Tucson Code, and are further supplemented by the following.

1. On any conflict in requirements between this Section and Section 3-32, the more strict of the two prevails.

2. Signs are to use those colors which are predominant within the surrounding landscape, such as desert and earth tones.

3. No commercial advertising sign, except a sign pertaining to a use conducted on the premises or a sign advertising the sale or lease of the property upon which the sign is located, and no billboard shall be erected within four hundred (400) feet of the right-of-way line on any street or route designated as "scenic" on the major thoroughfare system approved and adopted by the Mayor and Council.

2.8.2.11 Site Design Review. Applications for projects within the Scenic Corridor Zone (SCZ) shall be reviewed in accordance with the DSD Full Notice Procedure, Sec. 23A-50 and 23A-51. (Ord. No. 9392, §1, 5/22/00; Ord. No. 9967, §2, 7/1/04)

A. At the request of the Development Services Department (DSD) Director or applicant, the Design Review Board (DRB) shall review building elevations, landscaping, parking areas, and other contributing design features to substantiate compliance with the criteria required in making a decision. (Ord. No. 9392, §1, 5/22/00; Ord. No. 9967, §2, 7/1/04)

B. The decision to approve or deny the project will be based on the purpose, intent, and specific regulations of this Section, on the objectives specified in the Major Streets and Routes (MS&R) Plan for scenic corridor development, and on the following criteria which provide for the preservation of: (Ord. No. 9392, §1, 5/22/00)

1. Views of prominent mountain ridge lines that form the limits of scenic viewsheds and provide a natural backdrop for sensitively designed development.

2. Viewsheds which provide the observer with a visual perspective of the area in terms of foreground, middle ground, and background.

3. The scenic quality of the desert and mountain environment through the retention of native vegetation and natural topography.

4. View windows through an aesthetic screening or siting of developmental elements that are incompatible with the natural qualities of the surrounding area.

2.8.2.12 Submittals. Submittals shall be in compliance with requirements established in Development Standard 9-02.2.1. (Ord. No. 9392, §1, 5/22/00; Ord. No. 9967, §2, 7/1/04)

2.8.2.13 Grading. No grading can occur until thirty (30) days prior to construction. Construction plans must be in the review process for permits, or construction permits must have already been issued. Grading permits are to cover only those areas for which building permits are granted.

2.8.2.14 Variances. The Design Review Board (DRB) shall review all requests for variances from Scenic Corridor Zone (SCZ) regulations as provided in Sec. 5.1.8.3.B and shall forward its recommendations in accordance with Sec. 5.1.8.2.F. (Ord. No. 9179, §1, 12/14/98; Ord. No. 9392, §1, 5/22/00; Ord. No. 9967, §2, 7/1/04)

2.8.3 MAJOR STREETS AND ROUTES (MS&R) SETBACK ZONE.

2.8.3.1 Purpose. The purpose of this overlay zone is to implement policies in the City's General Plan, the Regional Transportation Plan, and the Air Quality Plan, with specific emphasis on the Major Streets and Routes (MS&R) Plan. The MS&R Plan projects the future arterial and collector street needs of the community and is a tool to implement the development of a safe and efficient street system and the design of all land uses serviced by that system, while assuring the economic viability of new and expanding land uses and the continued economic stability of the community. These goals are achieved by providing for the: (Ord. No. 9517, §2, 2/12/01)

A. Capability of street widening in a timely manner in order to increase the safety of the street system, allow for adequate street capacity, and provide for the movement of traffic safely and efficiently.

B. Capability of timely improvement of the street system to assist in reducing air pollution which:

1. Poses a significant threat to the health of the residents; and

2. Negatively impacts on sectors of the economy dealing with astronomical observation, research, tourism and convention, health, and filmmaking; and

3. Adversely affects the quality of life.

C. Economic viability of new land uses located on the MS&R system by establishing design criteria which will provide adequate on-site facilities to accommodate and serve those land uses after street widening and improvement.

D. Improvement of the MS&R system by establishing regulations which assure availability of land for street widening purposes, including alternate modes of transportation such as bicycle, pedestrian, and mass transit.

E. Stability of residential neighborhoods that are in close proximity to streets on the MS&R system, minimizing any unsafe encroachment into adjacent neighborhoods by requiring all new and expanding land uses located on the MS&R system to maintain adequate facilities to serve their needs after any street improvement.

F. Community's continued economic stability by establishing design criteria to provide for the economic viability of all properties located along the MS&R system after street improvements.

2.8.3.2 Applicability. The provisions of the MS&R setback zone apply to the following uses on all property, any portion of which abuts or is adjacent to a street designated on the City's or County's MS&R Plan. (See Illustration 2.8.3.2.)

A. All new structures.

B. All new uses of land, including new structures occurring on vacant land.

C. All uses of land or structures legally existing as of June 27, 1988, which are expanded in floor area, lot coverage, parking, seating capacity, or any other expansion of use, as listed below. However, on a nonconforming existing use, any expansion of off-street parking that would increase the number of spaces to the minimum required by the Code for that use is exempt from counting toward the twenty-five (25) percent expansion.

1. If the expansion is less than twenty-five (25) percent, the MS&R provisions apply to the proposed expansion. The remainder of the use or structure is governed by provisions in force at the time of initial approval for the use or structure.

2. If the expansion is twenty-five (25) percent or more, the MS&R provisions apply to the proposed expansion and to any parking and landscaping requirements which apply to the overall development.

3. All expansions which occur after the adoption of this Code are cumulated in determining the twenty-five (25) percent expansion.

D. In a case where one (1) or more of the requirements of the MS&R setback zone, the Gateway Route, or the Scenic Corridor Zone (SCZ) apply to the same street, the strictest requirements will apply.

E. Designation, amendment, or change of boundaries for a Major Street and Route are established through the amendment to the designation on the MS&R Map in accordance with Sec. 2.8.3.3. (Ord. No. 9967, §2, 7/1/04)



2.8.3.3 MS&R Map Adoption and Amendment. The major streets and routes applicable under these provisions are established by the MS&R Map, which is adopted as a component of the MS&R Plan. The MS&R Plan, including designations of Scenic Routes and Gateway Routes, and changes to existing designations are adopted and amended through the legislative process as a specific plan as set forth in the Planning Commission Legislative Procedure, Sec. 5.4.1 and Sec. 5.4.2. Designations of extensions of Scenic Routes and Gateway Routes may also be adopted with the adoption of original city zoning in accordance with the Zoning Examiner Legislative Procedure, Sec. 5.4.1 and Sec. 5.4.3. (Ord. No. 9517, §2, 2/12/01; Ord. No. 9967, §2, 7/1/04)

2.8.3.4 Establishment of MS&R Right-of-Way Lines and Gateway Routes. MS&R right-of-way line locations are established utilizing the future right-of-way width for those streets identified in the MS&R Plan. The widths are measured in accordance with the method established by the MS&R Plan. Gateway Routes are those major streets or routes designated as Gateway Routes by the MS&R Plan.

2.8.3.5 Permitted Use of MS&R Right-of-Way Area. The area between the MS&R right-of-way lines is also referred to as the MS&R right-of-way area, whether publicly or privately owned. It may be used in addition to roadway improvements in conjunction with and accessory to development on abutting properties, as follows.

A. No portion of the MS&R right-of-way area that is publicly owned will be used toward complying with Land Use Code (LUC) requirements, unless specifically stipulated.

B. For landscaping in compliance with Sec. 3.7.0, Landscaping and Screening Regulations.

C. For structural improvements, provided:

1. The MS&R is not a Scenic Route.

2. The structure is not a building.

3. That, if the improvement is for off-street parking, such parking must be in addition to the amount required for the existing use(s), and the area must be fully improved as required for any parking area. The screening and landscaping required by Sec. 3.7.0, Landscaping and Screening Regulations, for vehicular use areas, street landscape borders, and Gateway Routes may be located temporarily in the MS&R right-of-way area until such time as this area is used for right-of-way purposes. Upon elimination of the parking area, the required screening and landscaping, as specified on the site plan required by Sec. 2.8.3.5.F, will be moved to the location specified on the site plan at no cost to the City. (See Illustration 2.8.3.5.C.3.)



4. The structural improvement, other than landscaping, access, or public improvements, is not located closer than eight (8) feet to the edge of the existing roadway (curb).

5. Such improvement does not obstruct the existing street's sight visibility triangle.

6. That, if the improvement is a sign, it is permitted as an on-site sign by the Sign Code. Such sign is to be removed at the time of street widening at no expense to the City.

7. Approval is granted by the Mayor and Council for any structural improvement located within publicly owned right-of-way.

D. For calculation of site requirements.

1. On development projects that are not part of a subdivision plat or rezoning application, the site area within the MS&R right-of-way may be used as follows.

a. For calculation of lot coverage or open space as non-lot coverage or open space area, regardless of what improvements are located within that area.

b. For calculation of an adjustment, in nonresidential projects, to off-street parking or floor area requirements per Sec. 2.8.3.7, provided the adjustment does not reduce the amount of required parking by twenty (20) percent or more of the amount that would be required without the adjustment.

c. For calculation as part of the site, floor area, and density calculations. If the entire MS&R right-of-way area, excluding access and public improvements, to the edge of the paved roadway is landscaped, that part of the site within the MS&R right-of-way area may be included at one and one-eighth (1.125) its size (multiply the area size by 1.125), provided:

1. The landscaping is visible from the public right-of-way.

2. The landscaping is over and above that required by the LUC.

3. The street is not scheduled for construction within a period of three (3) years from the date of issuance of a building permit.

d. If, in addition to landscaping the entire MS&R area, that area is dedicated to the City at nominal cost, the area may be included at one and one-fourth (1.25) its size (multiply the area dedicated by 1.25) in lieu of the 1.125. In this situation, Sec. 2.8.3.5.D.1.c.3 would not apply.

2. On development projects that are part of a subdivision plat application but not part of a rezoning application, Sec. 2.8.3.5.D.1.c may be utilized.

E. Landscaping that is provided to achieve additional density or floor area is considered a requirement of the LUC and is to be maintained in compliance.

F. An approved site plan is required indicating how the project will comply with LUC requirements when the MS&R right-of-way can no longer be used as part of the site. Such plan is to be an exhibit to an executed covenant for recordation stating the responsibility of the property owner, successor, or assignee as to the removal of improvements and compliance with the LUC at no cost to the City.

2.8.3.6 MS&R Street Building Setback. The required minimum building setback along a street that is designated a major street or route on the MS&R Map is regulated under Sec. 3.2.6.5.B, if the street is not a designated Scenic Route on the MS&R Map. Along a street that is designated a Scenic Route, the required building setback is regulated under Sec. 2.8.2, Scenic Corridor Zone (SCZ).

2.8.3.7 Adjustment. As per Sec. 2.8.3.5, in nonresidential projects, an adjustment to the amount of required off-street parking is permitted to compensate for the setting aside of property for eventual use as part of an MS&R improvement. The amount of adjustment depends on the individual situation. To determine the amount, an adjustment factor is applied and calculated as follows.

A. Applying Adjustment Factor. The adjustment factor (percentage) is utilized to accomplish one (1) of the following.

1. To lower the ratio of required off-street parking spaces to the square footage of use.

2. To increase the square footage of use for the amount of off-street parking provided.

3. To increase the seating capacity of a use for the amount of off-street parking provided.

B. Calculation of Adjustment Factor. The adjustment on each project is based on the amount (by percentage) of site area that is within the MS&R right-of-way area (A). This adjustment factor is calculated by dividing that area (A) by the gross site area which includes area A. The adjustment factor is calculated to the nearest thousandth. (See Illustration 2.8.3.7.B.)

2.8.4 GATEWAY CORRIDOR ZONE.

2.8.4.1 Purpose. The purpose of this overlay zone is to implement policies in the City's General Plan, the Regional Transportation Plan, and the Air Quality Plan, with specific emphasis on the Major Streets and Routes (MS&R) Plan. The MS&R Plan projects the future arterial and collector street needs of the community and is a tool to implement the development of a safe and efficient street system and the design of all land uses serviced by that system, while assuring the economic viability of new and expanding land uses and the continued economic stability of the community. These goals are achieved by providing for the visual improvement of major streets and routes designated as Gateway Routes by implementing standards for the design and landscaping of the roadway and adjacent development, thereby providing: (Ord. No. 9517, §2, 2/12/01)

A. A favorable visual impression of Tucson to tourists and visitors at entry points to the city and on routes leading to major recreation attractions.

B. Enhancement of the built environment along routes of important commercial development.

C. Incentives for private investment and economic development by providing an attractive streetscape.

D. Aesthetic buffering through the implementation of screening or siting of developmental elements that are incompatible with the urban character of adjacent uses.

E. The improvement and use of the pedestrian environment along major transit routes.

F. Some measure of air quality control by requiring landscaping with live vegetation to assist in purifying the air of carbon dioxide through oxygenation and dilution.

2.8.4.2 Applicability. The provisions of the Gateway Corridor Zone apply to the following uses on all property, any portion of which abuts or is adjacent to a street designated on the City's or County's MS&R Plan.

A. All new structures.

B. All new uses of land, including new structures occurring on vacant land.

C. All uses of land or structures legally existing as of June 27, 1988, which are expanded in floor area, lot coverage, parking, seating capacity, or any other expansion of use, as listed below. However, on a nonconforming existing use, any expansion of off-street parking that would increase the number of spaces to the minimum required by the Code for that use is exempt from counting toward the twenty-five (25) percent expansion.

1. If the expansion is less than twenty-five (25) percent, the Gateway Corridor Zone provisions apply to the proposed expansion. The remainder of the use or structure is governed by provisions in force at the time of initial approval for the use or structure. (Ord. No. 9138, §1, 10/5/98)

2. If the expansion is twenty-five (25) percent or more, the Gateway Corridor Zone provisions apply to the proposed expansion and to any parking and landscaping requirements which apply to the overall development. (Ord. No. 9138, §1, 10/5/98)

3. All expansions which occur after June 27, 1988, are cumulated in determining the twenty-five (25) percent expansion.

D. In a case where one (1) or more of the requirements of the MS&R setback zone, the Gateway Route, or the Scenic Corridor Zone (SCZ) apply to the same street, the strictest requirements will apply.

E. On street intersections where a Scenic Route and Gateway Route intersect, development review and criteria provisions of the Gateway Route apply for seven hundred (700) feet along the Scenic Route from each side of the intersection. The seven hundred (700) feet is measured from the MS&R right-of-way line of the Gateway Route.

F. The following are exempt from the application of the Gateway Route requirement.

1. Utility facilities constructed or installed pursuant to a certificate of environmental compatibility issued prior to June 27, 1988, under the authority of Arizona Revised Statutes (ARS), Title 40, Chapter 2, Article 6.2.

2. Any single-family lot legally existing on June 27, 1988.

3. Any development within the Downtown Redevelopment District.

G. Where widening of a Gateway Route is planned for construction within three (3) years after the date of a building permit application, landscaping will not be required to be implemented until the road project has been completed, provided the developer posts financial assurances to ensure compliance.

H. Designation, amendment, or change of boundaries for a Gateway Route are established through the amendment to the designation on the MS&R Map in accordance with Sec. 2.8.3.3. (Ord. No. 9967, §2, 7/1/04)

2.8.4.3 Gateway Route Development Review. The City will not issue any type of approval or construction permit, nor is any improvement, construction, or alteration of a building or structure allowed along a Gateway Route, until approval is granted. (Ord. No. 9392, §1, 5/22/00)

2.8.4.4 Development Criteria for Gateway Routes. The following development criteria are to be applied on projects located on a major street or route which is designated as a Gateway Route.

A. Landscaping. The landscaping requirements are listed in Sec. 3.7.0, Landscaping and Screening Regulations.

B. Screening. Screening requirements are listed in Sec. 3.7.3 and Sec. 3.7.5.1.

C. Signs. Signs as permitted by Chapter 3 of the Tucson Code are allowed within the required landscaped area with the exception of billboards. Billboards are not permitted within four hundred (400) feet of the MS&R right-of-way line.

D. Utilities.

1. New Utilities. All new utilities for development on private and on public right-of-way along Gateway Routes will be underground.

a. Existing poles will be used to provide the required transition to underground service to new development adjacent to Gateway Routes. When necessary to serve new development, a new pole set in line with, but not extending, an existing overhead system used to serve new development is not considered a new utility.

b. Upgrades and reinforcements of existing overhead facilities are allowed to the extent that the total number of electrical circuits or communication cables is not increased.

2. Existing Utilities. Where an existing development is expanded in floor area or land area to any degree, new and existing utilities to all portions of the development will be located underground. Additions to single-family dwellings are exempt.

3. Relocation of Utilities. Relocation of overhead utility facilities required by public improvement districts along Gateway Routes will conform with existing franchise requirements.

2.8.4.5 Variances. The Design Review Board (DRB) shall review all requests for variances from Gateway Route regulations as provided in Sec. 5.1.8.3.H and shall forward its recommendations in accordance with Sec. 5.1.8.2.F. (Ord. No. 9179, §1, 12/14/98; Ord. No. 9967, §2, 7/1/04)

2.8.5 AIRPORT ENVIRONS ZONE (AEZ).

2.8.5.1 Purpose. The purpose of this overlay zone is to protect the health, safety, and welfare of persons and property in the vicinity of Tucson International Airport (TIA) and Davis-Monthan Air Force Base (DMAFB) and protect the long term viability of DMAFB. This is accomplished by: (1) reducing noise and safety hazards associated with aircraft operations; (2) preserving the operational stability of these airports; and (3) assisting in the implementation of policies and recommendations in the City's General Plan and Airport Environs Plan, the Air Installation Compatible Use Zone Report (AICUZ), and the Airport Noise Control, Land Use Compatibility (ANCLUC) Study and the Davis-Monthan Joint Land Use Study (DMJLUS). The overlay district further:

A. Promotes the compatibility of uses with aircraft operations through the establishment of criteria for the regulation of building height and density.

B. Addresses potentially life-threatening situations in areas exposed to aircraft accident potential through restrictions on the congregation of large numbers of people or high concentrations of people and by restrictions on concentrations of people who are unable to respond to emergency situations, such as children, the elderly, the handicapped, and persons undergoing medical treatment.

C. Increases the protection of persons exposed to high levels of aircraft noise by requiring acoustical treatment in buildings located within these areas and regulating those uses which are sensitive to such noise.

D. Prohibits uses which create potential hazards to the safe approach and departure of aircraft.

E. Recognizes the role of Davis-Monthan Air Force Base in the Tucson community and protects the City's interest in ensuring the continued viability and operation of Davis-Monthan AFB by limiting incompatible land uses in the Approach-Departure Corridor (ADC). (Ord. No. 9781, §1, 10/28/02; Ord. No. 10073, §1, 10/25/04)

2.8.5.2 Maps Established. The Airport Environs Zone (AEZ) includes districts and zones that do not necessarily have the same boundaries. The boundaries of these districts and zones are identified for Tucson International Airport (TIA) and for Davis-Monthan Air Force Base (DMAFB) by the Airport Environs Zone (AEZ) Overlay Map series kept on file in the offices of the City Clerk, the Development Services Department (DSD), and the Department of Urban Planning and Design. The AEZ Overlay Map series is hereby established as the official AEZ Overlay Map series and becomes effective on May 16, 1990, as amended on January 28, 1991, April 27, 1992, October 28, 2002 and January 1, 2005. (Ord. No. 9392, §1, 5/22/00; Ord. No. 9781, §1, 10/28/02). The AEZ is made up of eleven (11) zones and districts. (See Illustrative Maps 2.8.5.2-I and 2.8.5.2-II.) Following are the zones and districts applicable to TIA environs and DMAFB environs. (Ord. No. 9781, §1, 10/28/02; Ord. No. 9967, §2, 7/1/04; Ord. No. 10073, §1, 10/25/04)

A. The following zones and districts are established in the TIA environs:

1. Compatible Use Zone-One (CUZ-1)

2. Compatible Use Zone-Two (CUZ-2)

3. Compatible Use Zone-Three (CUZ-3)

4. Noise Control District 65 (NCD 65) – High Noise District with exposures of 65-70 Ldn designated at TIA

5. Noise Control District 70 (NCD 70 – High Noise District with exposures of 70+ Ldn designated at TIA

B. The following zones and districts are established in the DM environs:

1. Approach Departure Corridor One (ADC-1) – Northwest end of DMAFB runway

2. Approach Departure Corridor Two (ADC-2) – Southeast end of DMAFB runway up to 30,000 feet from end of runway.

3. Approach Departure Corridor Three (ADC-3) – Southeast end of DMAFB runway 30,000 to 50,200 feet from end of runway.

4. Noise Control District -A (NCD A) - High Noise District with exposures of 65-70 Ldn designated at DMAFB.

5. Noise Control District – B (NCD B) - High Noise District with exposures of 70+ Ldn designated at DMAFB

C. The following district applies to both the TIA environs and the DMAFB environs:

2.8.5.3 Applicability. Sections 2.8.5.3, 2.8.5.4, 2.8.5.5 and 2.8.5.6 apply to the TIA environs. Where more than one (1) district or zone is applicable to a property, the requirements of all applicable districts or zones apply. Where requirements conflict, the most restrictive applies. The provisions of the Airport Environs Zone (AEZ) apply to the following on all property located within the TIA boundaries established by Sec. 2.8.5.2.A. For property partially within the TIA, the provisions apply to only those portions within the boundaries of the AEZ. For areas outside the city limits, which have not been annexed by the City, the AEZ overlay provisions apply upon annexation. (Ord No. 10073, §1, 10/25/04)

A. New development.

B. A change in, expansion of, or addition to the use of an existing structure as follows.

1. The residential density, employee density, and emergency evacuation plan and training requirements of Sec. 2.8.5.5 apply to the entire existing structure if the change, expansion, or addition results in an increase in any of the following.

a. Employee density.

b. Residential density.

c. Number of employees.

d. Number of persons of the general public for whom the structure was intended or designed to accommodate.

2. The noise attenuation requirements of Sec. 2.8.5.6 apply to the entire existing structure if the use of the existing structure is changed from any other land use to one (1) or more of the following uses.

a. Residential.

b. Place of public accommodation.

c. Administrative or Professional Office.

C. Expansion of an existing development as follows.

1. If the gross floor area of a structure or the gross floor area on a project site is expanded by less than fifty (50) percent, the provisions of the Airport Environs Zone (AEZ) apply only to the areas of expansion.

2. If the gross floor area of a structure is expanded by fifty (50) percent or more, the requirements of Sec. 2.8.5.6 apply to the entire structure. The sound attenuation requirement in this Section does not, however, apply to an expansion of the following types of structures existing prior to May 16, 1990.

a. A single-family or duplex dwelling.

b. A mobile home.

c. A manufactured housing unit.

3. If the gross floor area on a project site is expanded by fifty (50) percent or more, the employee density, lot coverage, and emergency evacuation plan and training requirements of Sec. 2.8.5.5 apply to the entire project site.

4. Cumulation of Expansions. Expansions are cumulated over time from May 16, 1990. Once a structure or project site is brought into conformance with the provisions of this Section, subsequent expansions are accumulated as of the date the existing structure or project site is brought into conformance.

D. Nothing contained in this Section affects existing property or the right to its continued use for the purpose legally used at the time these regulations become effective, nor do these regulations affect any reasonable repairs to, or alterations of, buildings or property used for such existing purposes.

E. Designation, amendment, or change of boundaries for an Airport Environs Zone are established through the amendment to the designation on the AEZ Maps in accordance with Sec. 2.8.5.2. (Ord. No. 9967, §2, 7/1/04)

(Ord No. 10073, §1, 10/25/04)

2.8.5.4 The following provisions apply to the TIA Environs. (Ord No. 10073, §1, 10/25/04)

A. Permitted Uses. The land uses permitted are those permitted by the underlying zone, except as restricted by this Section.

B. Posting of Occupancy Limitations. Any restriction of occupancy required under this ordinance as a condition of building permit issuance or certificate of occupancy will be posted on the premises. The owner/manager(s) of the premises may not permit the limitation to be exceeded. (Ord. No. 9392, §1, 5/22/00)

2.8.5.5 Compatible Use Zones for the TIA Environs. Land use regulations within the Compatible Use Zones are as follows. (Ord No. 10073, §1, 10/25/04)

A. CUZ-1. (Ord No. 10073, §1, 10/25/04)

1. Single-family and multifamily dwellings and mobile homes are permitted, only if the property is zoned IR, RH, SR, RX-1 (UR), RX-2, R-1, R-2, MH-1 (MH), MH-2 (MHP), or R-3 and such zone was in place prior to May 16, 1990. Other uses allowed by the underlying zoning are permitted, except as modified by Sec. 2.8.5.5.E.

a. Residential clustering options as described in Sec. 3.6.1, Residential Cluster Project (RCP), are not permitted.

b. Residential development may occur in compliance with underlying zoning, with no more than twenty-five (25) dwelling units per building.

2. No more than one (1) employee for every two hundred fifty (250) square feet of gross floor area of all buildings on a project site at any time may be accommodated by intention, design, or in fact.

3. Structures or uses with fifty (50) or more employees must develop an emergency evacuation plan and training program and implement it as approved by the Fire Department. (Ord. No. 9392, §1, 5/22/00)

4. The maximum height limit is seventy-five (75) feet, except where Sec. 2.8.5.7 reduces that limit.

B. CUZ-2. (Ord No. 10073, §1, 10/25/04)

1. Single-family and multifamily dwellings and mobile homes are permitted, only if the property is zoned IR, RH, SR, RX-1 (UR), RX-2, R-1, R-2, MH-1 (MH), MH-2 (MHP), or R-3 and such zone was in place prior to May 16, 1990. Other uses allowed by the underlying zoning are permitted, except as modified by Sec. 2.8.5.5.E.

a. Residential clustering options as described in Sec. 3.6.1, Residential Cluster Project (RCP), are not permitted.

b. Residential development may occur in compliance with underlying zoning, with no more than twenty-five (25) dwelling units per building.

2. Structures or uses with fifty (50) or more employees must develop an emergency evacuation plan and training program and implement it as approved by the Fire Department. (Ord. No. 9392, §1, 5/22/00)

3. The maximum height limit is seventy-five (75) feet, except where Sec. 2.8.5.7 reduces that limit.

C. CUZ-3. (Ord No. 10073, §1, 10/25/04)

1. In CUZ-3, single-family and multifamily dwellings and mobile homes are permitted, only if the property is zoned IR, RH, SR, RX-1 (UR), RX-2, R-1, R-2, MH-1 (MH), MH-2 (MHP), or R-3 and such zone was in place prior to May 16, 1990. Other uses allowed by the underlying zoning are permitted, except as modified by Sec. 2.8.5.5.E.

a. Residential clustering options as described in Sec. 3.6.1, Residential Cluster Project (RCP), are not permitted.

b. Minimum lot area per dwelling unit is one hundred forty-four thousand (144,000) square feet.

2. In CUZ-3, no development may exceed seventy-five (75) percent lot coverage and 0.375 Floor Area Ratio (FAR). (Ord. No. 8653, §1, 2/26/96)

3. In CUZ-3, no structure or use or contiguous structure or use may accommodate, by intention or design, in whole or in part, at any one time, more than fifty (50) employees.

(Ord. No. 9781, §1, 10/28/02; Ord No. 10073, §1, 10/25/04)

D. Prohibited Uses.

1. Public assembly is prohibited within CUZ-1, CUZ-2, and CUZ-3.

a. Exception: Accessory Food Service uses for employees only; such uses will be provided on-site entirely within a structure devoted to a permitted principal use.