Pima County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 18
57 AIRPORT ENVIRONS AND FACILITIES*
18.57.010 Purpose and applicability.
A. Purpose. The purpose of this chapter is to:
1. Protect persons and property within the environs of airports;
2. Provide for aircraft safety in the use of airports;
3. Regulate land use to ensure compatibility with airports and the long-term viability of airport operations; and
4. To protect and accommodate the needs of present and future military missions of Davis-Monthan Air Force Base based on local community, state, and national interests.
B. Applicability.
1. This chapter establishes height and land use overlay zones for the environs of Tucson International Airport, Ryan Field, Davis-Monthan Air Force Base and Pinal Airpark.
2. Additionally, this chapter provides establishment standards and procedures for private airports, general aviation airstrips and ultralight facilities.
3. For a change of use of an existing structure located within Noise Control Zones A or B (NCZ-A or NCZ-B) of the Davis-Monthan Air Force Base airport environs on or after January 16, 2009, the noise level reduction requirements and performance standards established by the respective Section 18.57.031(E)(4) (NCZ-A) and (E)(5) (NCZ-B) apply to the affected areas of the existing structure up to and including the entire structure if the use of the existing structure is changed to one or more permitted uses which require noise level reduction.
4. Residential uses legally existing within Noise Control Zones A or B of the Davis-Monthan Air Force Base airport environs on January 16, 2009 may expand only if the habitable areas of new construction conform to requirements for noise level reduction.
5. If the gross-floor area of a nonresidential structure or use legally existing within Noise Control Zones A or B of the Davis-Monthan Air Force Base airport environs on January 16, 2009 is expanded by less than fifty percent, the requirements for noise level reduction, if applicable, apply only to the area of expansion. If the gross floor area of the nonresidential structure or use is expanded by fifty percent or more, the requirements for noise level reduction, if applicable, apply to the entire nonresidential structure or use.
(Ord. 2008-118 § 3 (part), 2008; Ord. 1986-188 § 1 (part), 1986)
18.57.020 Definitions.
A. General. Certain terms used in this chapter shall be defined, for general purposes of this chapter as follows:
1. Airport. A land area used for the landing and departure of aircraft.
2. Communications Nuisance. A use which creates interference with radio communications and electronic navigational aids or devices, including instrument landing systems, for aircraft using the airport.
3. Dangerous Activity, Hazard or Obstruction. An activity, structure, vegetation or other use which is dangerous to persons or aircraft using the airport or which is an obstruction or hazard to air navigation.
4. FAA. Federal Aviation Administration.
5. Illumination Nuisance. A use which creates difficulty for pilots to distinguish between navigational lights or markers and other lights.
6. Noise-sensitive Land Use.
a. An activity on or use of property which is acutely sensitive to aircraft noise generation. Examples include, but are not limited to: site-built residential uses; educational, cultural and religious facilities; health services; tourist lodging services; outdoor recreational or entertainment facilities; theaters; offices; research laboratories; and government designated wilderness areas or monuments; or
b. Such unconstructed uses as listed above, having an approved subdivision plat, development plan or building permit.
7. Visibility Nuisance. A use which creates a hazard to air navigation by reducing visibility.
1. Airport Environs. Property within the boundary of a height or land use overlay zone for Tucson International Airport, Ryan Field, Davis-Monthan Air Force Base or Pinal Airpark, as mapped in Section 18.57.060.
2. ADC: Approach-Departure Corridor.
a. Approach-Departure Corridor One (ADC-1). An area extending from three thousand to twelve thousand feet from the northwest end of the runway at Davis-Monthan Air Force Base, as shown on Airport Land Use Overlay Map Zone 3.
b. Approach-Departure Corridor Two (ADC-2). An area extending from three thousand feet to thirty thousand feet from the southeast end of the runway at Davis-Monthan Air Force Base, as shown on Airport Land Use Overlay Map Zone 3.
c. Approach-Departure Corridor Three (ADC-3). An area extending from thirty thousand to fifty thousand two hundred feet from the southeast end of the runway at Davis-Monthan Air Force Base, as shown on Airport Land Use Overlay Map Zone 3.
3. CUZ: Compatible Use Zone.
4. Ldn: Day-Night Average Sound Level. Ldn values are expressed in decibels and represent the average noise level over a twenty-four hour period for an average day of the year. For Tucson International Airport, the Ldn values are calculated based on an FAA integrated noise model, which averages noise over a calendar year. For Davis-Monthan Air Force Base, Ldn values are calculated based on the Department of Defense Noise Map model which averages noise over the total flying days of the year.
5. NCZ: Noise Control Zone.
a. Noise Control Zone-A (NCZ-A). A modeled noise exposure area between the sixty-five and seventy Ldn noise contours in the vicinity of Davis-Monthan Air Force Base, as shown on Airport Land Use Overlay Map Zone 3.
b. Noise Control Zone-B (NCZ-B). A modeled noise exposure area consisting of the areas between the seventy and seventy-five Ldn noise contours, the seventy-five and eighty Ldn noise contours, and within the eighty Ldn noise contour area in the vicinity of Davis-Monthan Air Force Base, as shown on Airport Land Use Overlay Map Zone 3.
6. Net Lot Area. The total lot area minus the area dedicated for rights-of-way.
7. RSZ: Runway Safety Zone.
1. Airport, Private. An airport used by or available to commercial carriers, flight training or flying schools, and private pilots.
2. Airstrip. An airport, used solely by the owner of the property, accommodating general aviation aircraft and ultralight aircraft.
3. General Aviation Aircraft. Aircraft with a maximum twelve thousand five hundred pounds gross weight, excluding ultralight aircraft.
4. Ultralight Flightpark. An airport used by the general public or an ultralight flying club for ultralight aircraft operation.
(Ord. 2008-118 § 3 (part), 2008; Ord. 1986-188 § 1 (part), 1986)
18.57.030 Requirements for the Tucson International Airport, Ryan Field, and Pinal Airpark Airport Environs Zones.
A. Purpose. The purpose of this section is to regulate height and land use in the environs of civilian airports in order to ensure safe aircraft approach and departure, avoid the concentration of population in potential accident areas, and reduce the harmful effect of noise exposure on humans and animals.
B. Map Notation. An area overlaid by the Airport Environs Zone shall be shown on county zoning maps by its underlying zone designation plus the suffix "AE."
C. Establishment. AE zoning for Tucson International Airport, Ryan Field, and Pinal Airpark is established as follows:
1. Height Overlay Zones. The following zones are established as shown on the Airport Height Overlay Maps (Section 18.57.060):
a. Tucson International Airport: Airport Height Overlay Zone 1;
b. Ryan Airfield: Airport Height Overlay Zone 2; and
c. Pinal Airpark: Airport Height Overlay Zone 4.
2. Land Use Overlay Zones. The following zones are established as shown on the Airport Land Use Overlay Maps (Section 18.57.060):
a. Tucson International Airport: Airport Land Use Overlay Zone 1, composed of the RSZ, CUZ-1, CUZ-3 and CUZ-4;
b. Ryan Field: Airport Land Use Overlay Zone 2, composed of RSZ and CUZ-2; and
c. Pinal Airpark: Airport Land Use Overlay Zone 4, composed of RSZ and CUZ-2.
D. Use Restrictions.
1. Nonconforming Uses. In addition to the general provisions for nonconforming uses and buildings (Section 18.01.030(D), General Provisions), a nonconforming use which began construction or alteration prior to September 3, 1985, may continue its construction or alteration, provided it is completed within one year and is not in violation of subsections (D)(2) or (D)(3) of this section.
2. Prohibited Uses Within Height and Land Use Overlay Zones. A use which, in the written opinion of the FAA, is determined to be a dangerous activity, hazard or obstruction or producer of a communications, illumination or visibility nuisance to aircraft using the airport.
3. Height Overlay Zone. Structural height shall not exceed the maximum established in Section 18.57.060 (Maps).
4. Land Use Overlay Zones for Tucson International Airport, Ryan Field, and Pinal Airpark:
a. RSZ. Only crop raising is permitted.
b. CUZ-1:
1) Permitted Uses.
a) Uses permitted in Section 18.49.030 (CPI), subsections (B), (C), (D) and (E) of Section 18.51.030 (CI-1), subsections (B), (C), (D), (E) and (H) of Section 18.53.030 (CI-2), and subsections (B), (C) and (E) of Section 18.55.030 (CI-3), except: administrative or professional offices as primary uses and airport facilities, child care centers, and banks and financial institutions as secondary uses; and retail lumber yards, motion picture studios, restaurants, doctors offices or clinics, general stores, racetracks, sports stadiums and rifle ranges;
b) Enclosed sales and display areas incidental to light manufacturing or assembly, provided no more than twenty-five percent of the floor area is occupied for such use;
c) Accessory uses for employees only, including cafeterias, offices and indoor entertainment facilities;
d) Automotive, aircraft, marine, farm equipment, mobile home and recreational vehicle sales; auto, truck and equipment rental; and
e) Drive-through only retail uses subject to subsection (D)(4)(c)(2)(c).
2) Safety Requirements.
a) For uses permitted within the CPI Zone, the total ground floor area is restricted to twenty-five percent of the net lot area and the total floor area is restricted to 37.5 percent of the net lot area.
b) For all other uses, the total ground floor area is restricted to thirty-five percent of the net lot area.
c) Any structure or use, or contiguous structure or use, shall not accommodate, by intention or design, in whole or in part, more than fifty employees and fifty non-employees at any time. This restriction shall be a special condition of the issuance of the building permit and certificate of occupancy. The premises shall thereafter continuously be posted with a form of notice of the restriction, as required by the department of planning and development services. The occupant(s) of the premises shall not permit the limitation to be exceeded.
c. CUZ-2.
1) Permitted Uses.
a) Uses permitted in Section 18.49.030 (CPI), subsections (B), (C), (D) and (E) of Section 18.51.030 (CI-1), subsections (B), (C), (D), (E) and (H) of Section 18.53.030 (CI-2), subsections (B), (C) and (E) of Section 18.55.030 (CI-3), subsections (B), (C), (D), (E), (F), (G) and (H) of Section 18.43.030 (CB-1), and subsections (B), (C), (D), (E), (F), (G), (H) and (I) of Section 18.45.030 (CB-2), except: amusement or recreational enterprises (indoor); auctions, auditoriums or assembly halls; clubs; department stores; drive-in theaters; fairs, carnivals or tent shows; grocery stores (except delicatessens and convenience stores); gymnasiums; industrial or trade schools; hotels; libraries; racetracks, sports arenas or stadiums; religious rescue missions or temporary revivals; rifle ranges; schools or colleges; swimming pools; theaters; trade shows or exhibitions; and within the first one thousand feet of the CUZ-2 Zone (closest to the end of the runway), retail uses and administrative and professional office uses are prohibited as primary uses;
b) Enclosed sales and display areas incidental to light manufacturing or assembly, provided no more than twenty-five percent of the floor area is occupied for such use;
c) Accessory uses for employees only, including cafeterias, offices and indoor entertainment facilities; and
d) Ryan Field Only. Residential uses not exceeding a density of one residence per acre.
2) Safety Requirements.
a) For uses permitted within the CPI Zone, the total ground floor area is restricted to thirty-three percent of the net lot area and the total floor area is restricted to fifty percent of the net lot area.
b) For all other uses, the total ground floor area is restricted to forty-five percent of the net lot area.
c) Retail uses as listed in the CB-1 and CB-2 Zones, in any building, shall not accommodate, by intention or design, in whole or in part, more than fifty non-employees at any time. This restriction shall be a special condition of the issuance of the building permit and certificate of occupancy. The premises shall thereafter continuously be posted with a form of notice of the restriction, as required by the department of planning and development services. The occupant(s) of the premises shall not permit the limitation to be exceeded.
d) Within the first one thousand feet of the CUZ-2 Zone (closest to the end of the runway), the following uses, or any combination of these uses, shall occupy no more than a total of ten thousand square feet in any building: manufacturing and assembly of electrical and electronic components; manufacturing and service of data systems; laboratories including medical, dental, research experimental and testing; and printing, newspaper publishing and binding.
d. CUZ-3.
1) The interior noise level of new noise-sensitive land uses, and accessory offices and indoor areas where the public is received, shall not exceed forty-five Ldn.
2) Residential uses are permitted only on existing residentially zoned lots.
3) Prohibited Uses. Outdoor entertainment and sports events; swap meets and auctions; playgrounds, parks, and public swimming pools; and animal breeding.
e. CUZ-4.
1) The interior noise level of new noise-sensitive land uses, and accessory offices and indoor areas where the public is received, shall not exceed forty-five Ldn.
E. Administrative Procedures. The following applies to the Davis-Monthan Air Force Base Airport Environs Zone, in addition to the Tucson International Airport, Ryan Field, and Pinal Airpark Airport Environs Zones:
1. Zone Amendments. To expand or contract the boundaries, change the location, eliminate or create a new RSZ, CUZ, ADC, or NCZ, the planning and zoning commission shall initiate a rezoning in accordance with Chapter 18.91 (Rezoning Procedures) and amend the applicable map(s).
2. Zone Boundaries. If a lot is:
a. Divided by an airport environs zone boundary, the development shall conform to the land use and design criteria of the respective zones in which the lot is located;
b. Partially covered by an airport environs zone boundary, only the portion of the lot within the boundary is restricted by the zone.
3. Special-Use Waiver.
a. Scope. A waiver from a provision of this chapter may be granted by the board of supervisors when the strict application of the provision would cause an unnecessary hardship which substantially limits the preservation and enjoyment of property rights.
b. Standards. A waiver may not be granted unless:
1) The hardship is not generally caused to other properties subject to the provision;
2) The waiver is the minimum necessary to afford relief;
3) The waive will not be materially detrimental to the rights of owners and residents of other affected properties;
4) The waiver is consistent with the intent and purpose of this chapter and the provision of the section from which the waiver is requested. If a waiver is requested from any provision of Section 18.57.010(B)(3), (B)(4), (B)(5), or 18.57.031, the request shall be analyzed for: (1) land use compatibility with Davis-Monthan Air Force Base operations, (2) proximity to the end of the runway, (3) location in relationship to major flight paths, (4) compliance with the intent of applicable Pima County Comprehensive Plan Davis-Monthan Air Force Base Special Area Policies, and (5) compliance with Arizona Revised Statutes; and
c. Conditions. Conditions may be imposed on a waiver that will:
1) Secure the intent and purposes of this chapter and the provision of the section from which the waiver is granted; and
2) Adequately provide for the protection of surrounding property owners and residents.
d. Hearing. The supervisors shall hold a public hearing on the waiver, at which all interested persons may be heard.
e. Public Notice. Notice will be mailed by the county to all owners of property within three hundred feet of the subject property no less than fifteen days prior to the public hearing. In addition, Davis-Monthan Air Force Base will be notified of waiver requests within the boundaries of Airport Height Overlay Zone 3 or Airport Land Use Overlay Zone 3; Tucson Airport Authority will be notified of waiver requests within the boundaries of Airport Height Overlay Zone 1 or 2 or Airport Land Use Overlay Zone 1 or 2; and Pinal Airpark will be notified of waiver requests within the boundaries of Airport Height Overlay Zone 4 or Airport Land Use Overlay Zone 4. Failure to give notice may not invalidate an action of the board of supervisors.
4. Interpretation Review.
a. The hearing administrator may review an interpretation of a provision of this chapter by a county official. A request for review may be made by an affected person who believes there has been a misinterpretation.
b. The request for review shall cite the:
1) Disputed interpretation made by the county official; and
2) Words alleged to have been misinterpreted.
5. Application. A request for waiver or review of interpretation shall be made on a form provided by the development services department. Hearing fees are required.
6. Appeal to the Board of Supervisors.
a. An appeal from a decision or interpretation of the hearing administrator may be made to the board of supervisors by the owner or affected persons.
b. Application. An appeal shall be made within fifteen working days of the date of the appealed action, on a form provided by the department. Hearing fees shall be paid at the time the appeal is filed.
c. Hearing. The supervisors shall hold a public hearing on the appeal, at which all interested persons may be heard.
d. Public Notice. For review of a decision or interpretation of the hearing administrator, the county will mail notice to all owners of property within three hundred feet of the subject property no less than fifteen days prior to the public hearing. In addition, Davis-Monthan Air Force Base shall be notified of appeals within the boundaries of Airport Height Overlay Zone 3 or Airport Land Use Overlay Zone 3; Tucson Airport Authority will be notified of appeals within the boundaries of Airport Height Overlay Zone 1 or 2 or Airport Land Use Overlay Zone 1 or 2; and Pinal Airpark will be notified of appeals within the boundaries of Airport Height Overlay Zone 4 or Airport Land Use Overlay Zone 4. Failure to give notice may not invalidate an action of the board of supervisors.
7. Appeal to Superior Court. Appeal from a decision of the board of supervisors may be made to the superior court by the owner or affected persons.
8. Appeal to the Board of Adjustment.
a. Requests for variances and interpretation reviews may also be made to the applicable board of adjustment in accordance with Chapter 18.93 (Board of Adjustment Variances, Temporary Use Permits and Interpretations);
b. In addition to the public notice required for variance applications, Davis-Monthan Air Force Base will be notified of variance applications within the boundaries of Airport Height Overlay Zone 3 or Airport Land Use Overlay Zone 3; Tucson Airport Authority will be notified of variance applications within the boundaries of Airport Height Overlay Zone 1 or 2 or Airport Land Use Overlay Zone 1 or 2; and Pinal Airpark will be notified of variance applications within the boundaries of Airport Height Overlay Zone 4 or Airport Land Use Overlay Zone 4;
c. In addition to the standard guidelines that the board of adjustment considers when approving or denying a variance, if a variance is requested from any provision of Section 18.57.010(B)(3), (B)(4), (B)(5), or 18.57.031, the application will be analyzed for: (1) land use compatibility with Davis-Monthan Air Force Base operations, (2) proximity to the end of the runway, (3) location in relationship to major flight paths, (4) compliance with the intent of applicable Pima County Comprehensive Plan Davis-Monthan Air Force Base Special Area Policies, and (5) compliance with Arizona Revised Statutes;
d. A variance from the requirements of the Davis-Monthan Air Force Base Airport Land Use Overlay Zone 3, contained in Section 18.57.010(B)(3), (B)(4), (B)(5), or 18.57.031, may not be granted unless the board of adjustment makes a specific finding that the purpose of military airport compatibility is preserved.
(Ord. 2008-118 § 3 (part), 2008; Ord. 1992-102 § 1, 1992; Ord. 1986-188 § 1 (part), 1986)
18.57.031 Requirements for the Davis-Monthan Air Force Base Airport Environs Zone.
A. Purpose. The purpose of this section is to regulate height and land use in the environs of the Davis-Monthan Air Force Base military airport in order to ensure safe aircraft approach and departure, avoid the concentration of population in potential accident areas, and reduce the potential for harmful effects of high noise level exposure on humans.
B. Map Notation. An area overlaid by the Airport Environs Zone shall be shown on county zoning maps by its underlying zone designation plus the suffix: "AE."
C. Establishment. AE zoning for Davis-Monthan Air Force Base is established as follows:
1. Height Overlay Zone. The following zone is established as shown on the Airport Height Overlay Maps (Section 18.57.060):
Davis-Monthan Air Force Base: Airport Height Overlay Zone 3.
2. Land Use Overlay Zone. The following zone is established as shown on the Airport Land Use Overlay Maps (Section 18.57.060):
Davis-Monthan Air Force Base: Airport Land Use Overlay Zone 3, composed of ADC-1, ADC-2, ADC-3, NCZ-A, and NCZ-B.
D. Use Restrictions.
1. Nonconforming Uses. In addition to the general provisions for nonconforming uses and buildings (Section 18.01.030(D), General provisions), a nonconforming building, building use, or land use for which a permit was issued and has not expired prior to January 16, 2009 may continue to be erected, constructed, reconstructed, altered, or used provided it is not in violation of Section 18.57.030(D)(2) or (D)(3) of this chapter.
2. Height Overlay Zone. Structural height shall not exceed the maximum established in Section 18.57.060 (Maps).
E. Land Use Overlay Zones for Davis-Monthan Air Force Base:
1. ADC-1.
a. Permitted Uses. The following uses are permitted within ADC-1 if the use is a permitted or conditional use within the underlying zone and within any applicable noise control zone:
1) Agriculture, including the raising and grazing of livestock and other animal husbandry, excluding direct accessory retail sales;
2) Agricultural processing facilities and services, excluding chemical, petroleum, and rubber products or other hazardous or highly flammable materials;
3) Cemeteries;
4) Communications facilities and utilities;
5) Governmental uses, excluding landfills, facilities that provide services directly to the public, places of public assembly, and facilities that provide services that are critical for public health and safety (such as fire protection, police communications, sewage or water treatment, and water storage);
6) Manufacturing and industrial processing, compounding, packaging, treatment, assembling, and maintenance, excluding chemical, petroleum, rubber, and other processes involving the use of hazardous or highly flammable materials;
7) Outdoor recreation, excluding places for people to gather (such as picnic areas, swimming pools, and playgrounds). Examples of permitted uses include golf courses without clubhouses and parks and nature trails without museums or exhibits;
8) Rail lines and roadways;
9) Vehicle parking, including storage of operable vehicles, boats, motorcycles, recreational vehicles, and trucks, and inhabitable manufactured or mobile homes not intended for salvage, and public garages for commercial use;
10) Wholesale trade, warehousing, and distribution, excluding chemical, petroleum, and rubber products or other hazardous or highly flammable materials; and
11) Other similar nonresidential uses of the same class as one or more uses enumerated above, which, under general or specific written agreement between the zoning inspector or the zoning inspector's designee and the official designee of Davis-Monthan Air Force Base, are compatible and consistent with the high noise or accident potential of military airport operations and are not otherwise unlawful, injurious to the public health, safety, and welfare, or specifically prohibited. The uses will be analyzed for compliance with the intent of the February 2004 Davis-Monthan Air Force Base/Tucson/Pima County Joint Land Use Study to prohibit uses within areas of highest potential accident impact, including ADC-1, which are associated with concentration or attraction of people, such as high density employment, cultural, recreation/entertainment, and retail/service uses, or which have special safety considerations, such as uses involving significant quantities of hazardous or explosive materials and uses critical to public health and safety.
b. Prohibited Uses.
1) Business, personal, professional and semi-professional services, including general offices, clinics, and repair and rental services;
2) Child care centers;
3) Cultural activities, including libraries, museums, theaters, concert halls, and religious facilities;
4) Educational facilities, including colleges and trade schools;
5) Elementary and secondary schools;
6) Governmental uses that provide services directly to the public or places of public assembly including facilities which provide services that are critical for public health and safety (such as fire protection, police communications, sewage or water treatment, and water storage);
7) Hospitals, extended care facilities, and assisted living centers;
8) Hotels, resorts, and other lodging facilities, including group camps;
9) Indoor public assembly, including amusement or recreational enterprises;
10) Indoor recreation, including clubhouses and swimming pools, etc.;
11) Landfills;
12) Manufacturing and processing of chemical, petroleum, rubber, or other hazardous or highly flammable materials;
13) Outdoor public assembly, including stadiums, amphitheaters, and amusement or recreational enterprises;
14) Outdoor recreation (such as picnic areas, swimming pools, and playgrounds) which provide places for people to gather;
15) Residential;
16) Restaurants and other eating and drinking establishments;
17) Retail sales, including direct retail sales of agricultural products; and
18) Wholesale trade, warehousing, and distribution of chemical, petroleum, and rubber products or other hazardous or highly flammable materials.
c. Safety Requirements. The following apply to nonresidential uses:
1) Maximum employee occupancy: thirty employees per acre of net lot area.
2) Minimum project site area: three acres.
3) Maximum floor area ratio (FAR): fifty percent of the project site area.
d. Exceptions. The following are exceptions to prohibited uses and minimum project site area in ADC-1:
1) Business, personal, professional and semi-professional services, including general offices, clinics, repair and rental services, restaurants and other eating and drinking establishments, and retail sales, including direct retail sales of agricultural products, are permitted in the CB-1 and CB-2 zones if the zone existed before January 16, 2009.
2) Single detached or one-family dwelling units (including manufactured homes and factory-built (modular) residential buildings and excluding mobile homes and trailers), accessory buildings or uses, home occupations, guest houses, and secondary dwellings are permitted if the property is zoned TH, RH, GR-1, SR, SR-2, SH, CR-1, CR-2, CR-3, CR-4, CR-5, TR, CMH-1, or CMH-2 and the use is a permitted use within the zone, except:
(i) The cluster development option as described in Section 18.09.040 is not permitted except for property partially within ADC-1, the cluster development option is permitted if residential units are not located within ADC-1.
(ii) Residential development is limited to a maximum density one dwelling unit per acre.
3) Parcels less than three acres that are either recorded or proposed within an approved tentative plat prior to January 16, 2009 may be developed in conformance with all other requirements specified in subsections (E)(1)(a) through (E)(1)(d) of this section, with exception of subsection (E)(1)(c)(2) of this section.
4) Parcels less than three acres that are neither recorded nor proposed within an approved tentative plat prior to January 16, 2009 and which are proposed for nonresidential use must be part of a development plan which encompasses at least three acres.
2. ADC-2.
a. Permitted Uses. The following uses are permitted within ADC-2 if the use is a permitted or conditional use within the underlying zone and within any applicable noise control zone:
1) Agriculture, including the raising and grazing of livestock and other animal husbandry, excluding direct accessory retail sales;
2) Agricultural processing facilities and services, excluding chemical, petroleum, and rubber products or other hazardous or highly flammable materials;
3) Cemeteries;
4) Communications facilities and utilities;
5) Governmental uses, excluding landfills, facilities that provide services directly to the public, places of public assembly, and facilities that provide services that are critical for public health and safety (such as fire protection, police communications, sewage or water treatment, and water storage);
6) Manufacturing and industrial processing, compounding, packaging, treatment, assembling, and maintenance, excluding chemical, petroleum, rubber, and other processes involving the use of hazardous or highly flammable materials;
7) Outdoor recreation, excluding places for people to gather (such as picnic areas, swimming pools, and playgrounds). Examples of permitted uses include golf courses without clubhouses and parks and nature trails without museums or exhibits;
8) Rail lines and roadways;
9) Vehicle parking, including storage of operable vehicles, boats, motorcycles, recreational vehicles, and trucks, and inhabitable manufactured or mobile homes not intended for salvage, and public garages for commercial use;
10) Wholesale trade, warehousing, and distribution, excluding chemical, petroleum, and rubber products or other hazardous or highly flammable materials; and
11) Other similar nonresidential uses of the same class as one or more uses enumerated above, which, under general or specific written agreement between the zoning inspector or the zoning inspector's designee and the official designee of Davis-Monthan Air Force Base, are compatible and consistent with the high noise or accident potential of military airport operations and are not otherwise unlawful, injurious to the public health, safety, and welfare, or specifically prohibited. The uses will be analyzed for compliance with the intent of the February 2004 Davis-Monthan Air Force Base/Tucson/Pima County Joint Land Use Study to prohibit uses within areas of highest potential accident impact, including ADC-2, which are associated with concentration or attraction of people, such as high density employment, cultural, recreation/entertainment, and retail/service uses, or which have special safety considerations, such as uses involving significant quantities of hazardous or explosive materials and uses critical to public health and safety.
b. Prohibited Uses.
1) Business, personal, professional and semi-professional services, including general offices, clinics, and repair and rental services;
2) Child care centers;
3) Cultural activities, including libraries, museums, theaters, concert halls, and religious facilities;
4) Educational facilities, including colleges and trade schools;
5) Elementary and secondary schools;
6) Governmental uses that provide services directly to the public or places of public assembly including facilities which provide services that are critical for public health and safety (such as fire protection, police communications, sewage or water treatment, and water storage);
7) Hospitals, extended care facilities, and assisted living centers;
8) Hotels, resorts, and other lodging facilities, including group camps;
9) Indoor public assembly, including amusement or recreational enterprises;
10) Indoor recreation, including clubhouses and swimming pools, etc.;
11) Landfills;
12) Manufacturing and processing of chemical, petroleum, rubber, or other hazardous or highly flammable materials;
13) Outdoor public assembly, including stadiums and amphitheaters;
14) Outdoor recreation (such as picnic areas, swimming pools, and playgrounds) which provide places for people to gather;
15) Residential;
16) Restaurants and other eating and drinking establishments;
17) Retail sales, including direct retail sales of agricultural products; and
18) Wholesale trade, warehousing, and distribution of chemical, petroleum, and rubber products or other hazardous or highly flammable materials.
c. Safety Requirements. The following apply to nonresidential uses:
1) Maximum employee occupancy: twenty employees per acre of net lot area.
2) Minimum project site area: five acres.
3) Maximum floor area ratio (FAR): thirty percent of the project site area.
d. Exceptions. The following are exceptions to prohibited uses and minimum project site area in ADC-2:
1) Business, personal, professional and semi-professional services, including general offices, clinics, repair and rental services, restaurants and other eating and drinking establishments, and retail sales, including direct retail sales of agricultural products, are permitted in the CB-1 and CB-2 zones if these zones existed prior to January 16, 2009.
2) Single detached or one-family dwelling units (including manufactured homes and factory-built (modular) residential buildings and excluding mobile homes and trailers), accessory buildings or uses, home occupations, guest houses, and secondary dwellings are permitted if the property is zoned TH, RH, GR-1, SR, SR-2, SH, CR-1, CR-2, CR-3, CR-4, CR-5, TR, CMH-1, or CMH-2 and the use is a permitted use within the zone, except:
(i) The cluster development option as described in Section 18.09.040 is not permitted except for property partially within ADC-2, the cluster development option is permitted if residential units are not located within ADC-2.
(ii) Residential development is limited to a maximum density one dwelling unit per acre.
3) Uses within a research park as defined by Arizona Revised Statutes Section 35-701 and restricted under Arizona Revised Statutes Section 15-1636(D).
4) Parcels less than five acres that are either recorded or proposed within an approved tentative plat prior to January 16, 2009 may be developed in conformance with all other requirements specified in subsections (E)(2)(a) through (E)(2)(d) of this section, with exception of subsection (E)(2)(c)(2) of this section.
5) Parcels less than five acres that are neither recorded nor proposed within an approved tentative plat prior to January 16, 2009 and which are proposed for nonresidential use must be part of a development plan which encompasses at least five acres.
3. ADC-3.
a. Permitted Uses. The following uses are permitted within ADC-3 if the use is a permitted or conditional use within the underlying zone and is permitted in Noise Control Zone-A, if applicable:
1) Agriculture, including direct accessory retail sales of agricultural products and the raising and grazing of livestock and other animal husbandry;
2) Agricultural processing facilities and services, excluding chemical, petroleum, and rubber products or other hazardous or highly flammable materials;
3) Business, personal, professional and semi-professional services, including general offices, clinics, and repair and rental services;
4) Cemeteries;
5) Communications facilities and utilities;
6) Cultural activities, including libraries, museums, auditoriums, concert halls, and religious facilities;
7) Educational facilities, including colleges and trade schools, but excluding elementary and secondary schools and child care centers;
8) Governmental uses, excluding landfills and facilities that provide services that are critical for public health and safety (such as fire protection, police communications, sewage or water treatment, and water storage);
9) Hotels, resorts, and other lodging facilities, including group camps;
10) Indoor public assembly, including amusement or recreational enterprises;
11) Indoor recreation;
12) Outdoor public assembly, including stadiums and amphitheaters;
13) Outdoor recreation;
14) Manufacturing and industrial processing, compounding, packaging, treatment, assembling, and maintenance, excluding chemical, petroleum, rubber, and other processes involving the use of hazardous or highly flammable materials;
15) Rail lines and roadways;
16) Restaurants and other eating and drinking establishments;
17) Retail sales;
18) Vehicle parking, including storage of operable vehicles, boats, motorcycles, recreational vehicles, and trucks, and inhabitable manufactured or mobile homes not intended for salvage, and public garages for commercial use;
19) Wholesale trade, warehousing, and distribution, excluding chemical, petroleum, and rubber products or other hazardous or highly flammable materials; and
20) Other similar nonresidential uses of the same class as one or more uses enumerated above, which, under general or specific written agreement between the zoning inspector or the zoning inspector's designee and the official designee of Davis-Monthan Air Force Base, are compatible and consistent with the high noise or accident potential of military airport operations and are not otherwise unlawful, injurious to the public health, safety, and welfare, or specifically prohibited. The uses will be analyzed for compliance with the intent of the February 2004 Davis-Monthan Air Force Base/Tucson/Pima County Joint Land Use Study to prohibit uses within areas of heightened potential accident impact, including ADC-3, which are associated with populations in need of special protection, such as school children, or with special safety considerations, such as uses involving significant quantities of hazardous or explosive materials and uses critical to public health and safety.
b. Prohibited Uses.
1) Child care centers;
2) Elementary and secondary schools;
3) Governmental uses that provide services directly to the public including facilities which provide services that are critical for public health and safety (such as fire protection, police communications, sewage or water treatment, and water storage);
4) Hospitals, extended care facilities, and assisted living centers;
5) Landfills;
6) Manufacturing and processing of chemical, petroleum, rubber, or other hazardous or highly flammable materials;
7) Residential; and
8) Wholesale trade, warehousing, and distribution of chemical, petroleum, and rubber products or other hazardous or highly flammable materials.
c. Safety Requirements. The following apply to nonresidential uses:
1) Minimum project site area: five acres.
2) Maximum floor area ratio (FAR): forty percent of the project site area for industrial/manufacturing and wholesaling/storage uses and twenty percent of the project site area for all other nonresidential uses.
3) Maximum building height: sixty-two feet.
d. Exceptions. The following are exceptions to prohibited uses and minimum project site area in ADC-3:
1) Single detached or one-family dwelling units (including manufactured homes and factory-built (modular) residential buildings and excluding mobile homes and trailers), accessory buildings or uses, home occupations, guest houses, and secondary dwellings are permitted if the property is zoned TH, RH, GR-1, SR, SR-2, SH, CR-1, CR-2, CR-3, CR-4, CR-5, TR, CMH-1, or CMH-2 and the use is a permitted use within the zone, except:
(i) The cluster development option as described in Section 18.09.040 is not permitted except for property partially within ADC-3, the cluster development option is permitted if residential units are not located within ADC-3.
(ii) Residential development is limited to a maximum density one dwelling unit per acre.
2) Parcels less than five acres that are either recorded or proposed within an approved tentative plat prior to January 16, 2009 may be developed in conformance with all other requirements specified in subsections (E)(3)(a) through (E)(3)(d) of this section, with exception of subsection (E)(3)(c)(1) of this section.
3) Parcels less than five acres that are neither recorded nor proposed within an approved tentative plat prior to January 16, 2009 and which are proposed for nonresidential use must be part of a development plan which encompasses at least five acres.
4. NCZ-A (between the sixty-five and seventy Ldn noise contours):
a. Permitted Uses. The following uses are permitted within NCZ-A if the use is a permitted or conditional use within the underlying zone and within any applicable approach-departure corridor:
1) Agriculture including direct accessory retail sales of agricultural products and the raising and grazing of livestock and other animal husbandry;
2) Agricultural processing facilities and services;
3) Arenas and similar places of indoor public assembly;
4) Business, personal, professional and semi-professional services, including general offices, clinics, and repair and rental services;
5) Cemeteries;
6) Communications facilities and utilities;
7) Cultural activities, including libraries, museums, auditoriums, concert halls, and religious facilities;
8) Educational facilities, including colleges and trade schools, but excluding elementary and secondary schools and child care facilities;
9) Governmental uses;
10) Hotels, resorts, and other lodging facilities, including group camps;
11) Indoor recreation, including clubhouses and swimming pools, etc.;
12) Manufacturing and industrial processing, compounding, packaging, treatment, assembling, and maintenance;
13) Outdoor recreation;
14) Professional and scientific equipment manufacturing;
15) Rail lines and roadways;
16) Restaurants and other eating and drinking establishments;
17) Retail sales;
18) Vehicle parking, including storage of operable vehicles, boats, motorcycles, recreational vehicles, and trucks, and inhabitable manufactured or mobile homes not intended for salvage, and public garages for commercial use;
19) Wholesale trade, warehousing, and distribution; and
20) Other similar nonresidential uses of the same class as one or more uses enumerated above, which, under general or specific written agreement between the zoning inspector or the zoning inspector's designee and the official designee of Davis-Monthan Air Force Base, are compatible and consistent with the high noise or accident potential of military airport operations and are not otherwise unlawful, injurious to the public health, safety, and welfare, or specifically prohibited. The uses will be analyzed for compliance with the intent of the February 2004 Davis-Monthan Air Force Base/Tucson/Pima County Joint Land Use Study to limit exposure of people and noise-sensitive uses and activities to high noise levels, including the modeled average noise exposure of NCZ-A. Considerations shall include whether or not the uses or activities can be sound-attenuated, e.g., an indoor or outdoor use or activity and the sensitivity of the use to noise interference with sleep or activities such as speech, music, meditation, and concentration on reading or visual material.
b. Prohibited Uses.
1) Child care centers;
2) Elementary and secondary schools;
3) Hospitals, extended care facilities, and assisted living centers;
4) Outdoor public assembly, including stadiums and amphitheaters; and
5) Residential.
c. Performance Standard. The following uses must be sound-attenuated to reduce the interior noise level from exterior sources to a maximum of forty-five Ldn in accordance with adopted noise level reduction construction and design standards:
1) All residential uses, except manufactured homes that are documented as built to provide sound attenuation meeting the forty-five Ldn maximum interior noise level are otherwise exempt from other provisions of the noise level reduction construction and design standards.
2) All indoor areas where the primary purpose is to receive the public.
3) All office areas, except those office areas subordinate and incidental to and co-located with primary uses which do not otherwise require sound attenuation.
4) All noise-sensitive indoor areas or indoor areas where normal noise level is low, including libraries, schools, and religious facilities.
d. Exceptions. The following are exceptions to prohibited uses in NCZ-A:
Single detached or one-family dwelling units (including manufactured homes and factory-built (modular) residential buildings and excluding mobile homes and trailers), accessory buildings or uses, home occupations, guest houses, and secondary dwellings are permitted if the property is zoned TH, RH, GR-1, SR, SR-2, SH, CR-1, CR-2, CR-3, CR-4, CR-5, TR, CMH-1, or CMH-2 and the use is a permitted use within the zone.
5. NCZ-B (between the seventy and seventy-five Ldn noise contours, the seventy-five and eighty Ldn noise contours, and within the eighty Ldn noise contour area):
a. Permitted Uses. The following uses are permitted within NCZ-B, with some exceptions within the eighty Ldn noise contour area, if the use is a permitted or conditional use within the underlying zone and within any applicable approach-departure corridor:
1) Agriculture, including direct accessory retail sales of agricultural products (except within the eighty Ldn noise contour area), and the raising and grazing of livestock and other animal husbandry;
2) Agricultural processing facilities and services;
3) Arenas and similar places of indoor public assembly, except within the eighty Ldn noise contour area;
4) Business, personal, professional and semi-professional services, including general offices, clinics, and repair and rental services, except within the eighty Ldn noise contour area;
5) Communications facilities and utilities, except within the eighty Ldn noise contour area;
6) Governmental uses, except within the eighty Ldn noise contour area;
7) Hotels, resorts, and other lodging facilities, including group camps, except within the eighty Ldn noise contour area;
8) Indoor recreation, including clubhouses and swimming pools, etc., except within the eighty Ldn noise contour area;
9) Manufacturing and industrial processing, compounding, packaging, treatment, assembling, and maintenance, excluding professional and scientific equipment manufacturing within the eighty Ldn noise contour area;
10) Outdoor recreation;
11) Rail lines and roadways;
12) Restaurants and other eating and drinking establishments, except within the eighty Ldn noise contour area;
13) Retail sales, except within the eighty Ldn noise contour area;
14) Vehicle parking, including storage of operable vehicles, boats, motorcycles, recreational vehicles, and trucks, and inhabitable manufactured or mobile homes not intended for salvage, and public garages for commercial use;
15) Wholesale trade, warehousing, and distribution; and
16) Other similar nonresidential uses of the same class as one or more uses enumerated above, which, under general or specific written agreement between the zoning inspector or the zoning inspector's designee and the official designee of Davis-Monthan Air Force Base, are compatible and consistent with the high noise or accident potential of military airport operations and are not otherwise unlawful, injurious to the public health, safety, and welfare, or specifically prohibited. The uses will be analyzed for compliance with the intent of the February 2004 Davis-Monthan Air Force Base/Tucson/Pima County Joint Land Use Study to limit exposure of people and noise-sensitive uses and activities to high noise levels, including the modeled average noise exposures of NCZ-B. Considerations shall include whether or not the uses or activities can be sound-attenuated, e.g., an indoor or outdoor use or activity and the sensitivity of the use to noise interference with sleep or activities such as speech, music, meditation, and concentration on reading or visual material.
b. Prohibited Uses.
1) Cemeteries;
2) Child care centers;
3) Cultural activities, including libraries, museums, theaters, concert halls, and religious facilities;
4) Educational facilities, including colleges and trade schools;
5) Elementary and secondary schools;
6) Hospitals, extended care facilities, and assisted-living centers;
7) Outdoor public assembly, including stadiums and amphitheaters; and
8) Residential.
c. Additional prohibited uses within the eighty Ldn noise contour area only:
1) Arenas and similar places of indoor public assembly;
2) Business, personal, professional and semi-professional services, including general offices, clinics, and repair and rental services;
3) Governmental uses;
4) Hotels, resorts and other lodging facilities, including group camps;
5) Indoor recreation, including clubhouses and swimming pools;
6) Professional and scientific equipment manufacturing;
7) Restaurants and other eating, and drinking establishments; and
8) Retail sales, including direct retail sales of agricultural products.
d. Performance Standard. The following uses must be sound-attenuated to reduce the interior noise level from exterior sources to a maximum of forty-five Ldn in accordance with adopted noise level reduction construction and design standards:
1) All residential uses, except manufactured homes that are documented as built to provide sound attenuation meeting the forty-five Ldn maximum interior noise level are otherwise exempt from other provisions of the noise level reduction construction and design standards.
2) All indoor areas where the primary purpose is to receive the public.
3) All office areas, except those office areas subordinate and incidental to and co-located with primary uses which do not otherwise require sound attenuation.
4) All noise-sensitive indoor areas or indoor areas where normal noise level is low, including libraries, schools, and religious facilities.
e. Exceptions. The following are exceptions to prohibited uses in NCZ-B:
Single detached or one-family dwelling units (including manufactured homes and factory-built (modular) residential buildings and excluding mobile homes and trailers), accessory buildings or uses, home occupations, guest houses, and secondary dwellings are permitted if the property is zoned TH, RH, GR-1, SR, SR-2, SH, CR-1, CR-2, CR-3, CR-4, CR-5, TR, CMH-1, or CMH-2 and the use is a permitted use within the zone.
F. Administrative Procedures. Administrative procedure provisions are in accordance with Section 18.57.030(E) (Administrative procedures).
(Ord. 2008-118 § 4, 2008)
18.57.040 Requirements for private airport facilities.
A. Purpose: This section provides establishment standards and procedures for the development of private airports to ensure their safe operation and compatibility with noise-sensitive land uses.
B. Requirements:
1. Permitted zones: RH, IR or an industrial zone.
2. Minimum site area: Refer to FAA Advisory Circular for Utility Airports (AC 150/5300-4B).
3. Conditional use permit:
a. A Type III permit is required (refer to Chapter 18.97, Conditional Use Procedures), which shall be reviewed by the aviation review committee (refer to Section 18.99.050, Aviation review committee) prior to public hearing by the planning and zoning commission.
b. Notification: The notification area shall additionally include the approach-departure corridors.
c. In lieu of a preliminary development plan the following document shall be submitted:
1) A text including:
a) The type, weight and decibel levels of aircraft using the site;
b) The proposed hours of operation; and
c) An estimate of flight frequency.
2) A site plan, at one inch equals four hundred feet scale, showing the:
a) Parcel boundaries and dimensions;
b) Runway and approach-departure corridors (as defined by the FAA); and
c) Zoning on property adjacent to the site and within the approach-departure corridors.
3) A site plan detail, at one inch equal forty feet scale, showing the:
a) Runway, including markings and identification;
b) Aircraft parking, maintenance and fueling areas, and other peripheral area;
c) Fencing, screening and safety barriers; and
d) Accessory structures and equipment, including fire-fighting equipment.
d. The application shall also include:
1) An FAA airspace letter of determination stating no objection, with or without conditions, to the proposed facility; and
2) A statement describing the impact of the airport on the regional aviation system plan.
e. The board of supervisors may restrict the number of flights and hours of operation due to the proximity and intensity of noise-sensitive land uses.
4. Heliports and helistops on private airports shall meet the requirements of Chapter 18.58.*
* As of the time of codification of this chapter, the ordinance creating Ch. 18.58 was pending.
C. Variance procedures: Refer to Chapter 18.93 (Board of Adjustment Variances, Temporary Use Permits and Interpretations).
(Ord. 1986-188 § 1 (part), 1986)
18.57.050 Requirements for general aviation airstrips and ultralight facilities.
A. General aviation airstrip:
1. Permitted zones: SR, RH, IR or an industrial zone.
2. Minimum site area:
a. Length: The length required for safe operation as shown in the flight manual of the largest aircraft to use the site (also refer to FAR Part 23.1587, Airworthiness Standards), and an additional two hundred forty feet at each end of the runway.
b. Width: Two hundred forty feet centered on the runway.
3. Conditional use permit: A Type II permit is required (refer to Chapter 18.97, Conditional Use Procedures) including the requirements and restrictions of Section 18.57.040(B)(3)(b), (c) and (e).
B. Ultralight flightpark:
1. Permitted zones: RH, IR or an industrial zone.
2. Minimum site area: Ten acres.
3. Conditional use permit: A Type II permit is required (refer to Chapter 18.97, Conditional Use Procedures) including the requirements and restrictions of Section 18.57.040(B)(3)(c) and (e).
C. Ultralight airstrip:
1. Permitted zones: SR, RH, IR or an industrial zone.
2. Minimum site area:
a. SR: Ten acres,
b. Other zones: Five acres.
3. Conditional use permit:
a. SR: A Type II permit is required (refer to Chapter 18.97, Conditional Use Procedures) including the requirements and restrictions of Section 18.57.040(B)(3)(c).
b. Other zones: A Type I permit is required (refer to Chapter 18.97, Conditional Use Procedures) including the requirements and restrictions of Section 18.57.040(B)(3)(c).
4. Minimum runway setback:
a. SR: One hundred fifty feet from all property lines.
D. Variance procedures: Refer to Chapter 18.93 (Board of Adjustment Variances, Temporary Use Permits and Interpretations).
(Ord. 1986-188 § 1 (part), 1986)
18.57.060 Maps.
A. Tucson International Airport:
1. Airport Height Overlay Zone; and
2. Airport Land Use Overlay Zone.
B. Ryan Field:
1. Airport Height Overlay Zone; and
2. Airport Land Use Overlay Zone.
C. Davis-Monthan Air Force Base:
1. Airport Height Overlay Zone; and
2. Airport Land Use Overlay Zone.
D. Pinal Airpark:
1. Airport Height Overlay Zone; and
2. Airport Land Use Overlay Zone. (See Fig-ures 18.57.060(A)—(D))
(Ord. 2008-118 § 6, 2008; Ord. 1992-102 § 2, 1992; Ord. 1986-188 § 1 (part), 1986)
