A. Purpose. The purpose of this zone is to:

      1. Promote the health, education, culture, and general welfare of the community;

      2. Encourage livable and well-functioning neighborhoods and improved economic development;

      3. Promote and facilitate the development and redevelopment of by-passed, underutilized, or abandoned properties;

      4. Remediate deteriorated, blighted, and unsafe conditions in older neighborhoods;

      5. Stimulate re-investment in properties that will contribute to the creation of employment opportunities and improve the overall economic viability of the community;

      6. Implement and adopt effective infill, redevelopment and revitalization in Community Development Target Areas;

      7. Strengthen the community's tax base, increase property values, and contribute to more efficient land-use patterns;

      8. Encourage the reuse of historic, unique or significant buildings;

      9. Provide a mix of allowable uses to support smart growth, walkable and bikeable places, transit use, and compatible housing types and services; and,

      10. Strengthen and densify existing neighborhoods to preserve community character and sustainability.

(Ord. 2018-31 § 2 (part), 2018)

   A. Application. This chapter applies to any new development, redevelopment, or substantial expansion of an existing development, any of which require a zoning permit, on any land within a designated infill overlay zone.

   B. Map. Land subject to the infill overlay zone shall be shown on county zoning maps by its underlying zone designation plus the suffix "I-#".

(Ord. 2018-31 § 2 (part), 2018)

   A. Criteria. In determining whether a site be initiated as an infill overlay zone the following criteria shall be assessed:

      1. Large number of vacant, older, or dilapidated structures.

      2. Large number of vacant or underused parcels of property that are of small or inappropriate sizes or that are environmentally contaminated, that are owned by different owners and that are located in an area that lacks the presence of development and investment activity compared to other areas in the county.

      3. Large number of parcels of property or buildings where nuisances exist or occur.

      4. High occurrence of crime.

      5. Continuing decline in population.

   B. Initiation submittal requirements.

      1. A written description and map showing the boundaries of the proposed infill overlay zone;

      2. A list by name and title, of all ownership interest within the proposed zone (e.g. individual, corporation, trust, or limited partnership);

      3. Written evidence the proposed zone has met the Purpose and Criteria of this chapter; and,

      4. Scaled maps showing the existing zoning and existing comprehensive plan designations of the proposed zone and abutting properties.

   C. Initiation. A request to initiate an Infill Overlay Zone may be made by:

      1. Property owners within the proposed zone; or,

      2. The Planning and Zoning Commission; or,

      3. The Board of Supervisors.

   D. Public Notice and Hearing requirements.

      1. Public notice of the hearing before the commission and the board of supervisors shall be given including property owners within the proposed zone and within three hundred feet of the boundaries of the proposed zone. The public review, notice and comments, Planning and Zoning Commission review, and Board of Supervisors review shall be consistent with Sections 18.91.060(B) and (C), 18.91.070, 18.91.080, as applicable, of the rezoning process except as modified by the requirements outlined in this chapter; 

      2. The Development Services Department may notice other County departments/offices such as, but not limited to, Sheriff, public works departments, Community Development and Neighborhood Conservation and outside agencies to help address infill-related neighborhood issues; and,

      3. At the public hearing for the establishment of an infill overlay zone, the residents and property owners of the surrounding area, as well as interested citizens and organizations shall be heard.

(Ord. 2018-31 § 2 (part), 2018)

   A.   Map. Land subject to the Kleindale/Dodge Infill Overlay Zone shall be shown on county zoning maps by its underlying zone designation plus the suffix "I-1". The Kleindale/Dodge Infill Overlay Zone is bounded by Kleindale Road on the north, Alvernon Way on the east, Ft. Lowell Road on the south, and Richey Boulevard on the west.

   B.   Development standards.

      1.   Multiple Use Permit. The requirement for a Multiple Use (MU) zone use permit is waived.

      2.   Additional Uses. The permitted uses in Sections 18.43.030 (CB-1) and 18.45.030 (CB-2) are also allowed on Multiple Use (MU) zoned properties subject to the applicable performance standards of Chapters 18.43 and 18.45. No conditional use permit is required for these uses. The storage building or warehouse use is allowed if conducted within a completely enclosed building.

      3.   Waiver of Development Plan.

         a.   Any requirement, including Section 18.37.020(A)(4), for a development plan (DP) is waived if the following criterion is met:

            In accordance with Ch. 18.75 (OFF-STREET PARKING AND LOADING STANDARDS), the project requires a combination of 25 or fewer parking spaces or drive-through stacking spaces.

         b.   Infill Incentive Site Plan. If a development plan is waived, in lieu of a development plan, a site plan showing the following features, drawn to scale, shall be submitted with any required permit application:

            1)   General location of any buildings and structures;

            2)   Access point(s);

            3)   Septic system layout if applicable, or if sewer is proposed the point of connection to public sewer and proposed sewer easements;

            4)   Setbacks;

            6)   Location of parking.

         c.   If the requirement for a development plan is waived and the site is within a regulatory floodplain, a drainage report is not required when the applicant agrees to:

            1)   Elevate — The finished floor elevation of a structure must be 1 foot above the highest flood depth on the building footprint, unless site grading removes local depressions and/or provides for conveyance away from the building footprint.

            2)   If a fill pad is proposed, the fill pad must be armored to protect from erosive flows. Toe-down of the erosion protection shall be a minimum of 2 feet below finished grade. If a stem wall is proposed, toe-down shall be minimum of 2 feet below finished grade.

            3)   Provide depressed flow paths with water harvesting. Existing offsite flow paths of greater than 0.5 feet depth must be accommodated by grading so that the proposed development does not alter existing downstream drainage patterns and velocities.

            4)   If perimeter fencing is proposed, the fencing shall be a minimum of 25 feet from the property boundary or elevated to allow upstream offsite flows to pass through the fencing without altering drainage patterns.

            5)   If commercial or subdivision development is proposed, on-site retention requirement applies when more than 2,000 square feet of new impervious surface is proposed.

      If the criteria above cannot be met or if drainage infrastructure is required to prevent altering drainage patterns at property boundaries, an engineering drainage report and design sealed by an Arizona registered engineer is required.

      4.   Setbacks. The minimum side and rear yard setbacks are waived and subject to building code requirements.

      5.   Landscaping. Landscaping requirements are waived except for:

         1.   Uses on previously-undeveloped or redeveloped sites adjacent to Dodge Boulevard, Ft. Lowell Road, or Kleindale Road. A minimum of five trees per 100 linear feet (based on a 10—20 foot width bufferyard) shall be required for Dodge Boulevard and Ft. Lowell Road. A minimum of two trees per 100 linear feet (based on a 10—20 foot width bufferyard) shall be required for Kleindale Road;

         2.   New or redeveloped non-residential uses adjacent to residential uses, unless written approval to waive a specific bufferyard requirement signed by the applicable adjacent residential property owner is submitted;

         3.   Whenever landscaping is required, the first flush retention requirements shall apply.

      6.   Lot Coverage. The maximum permitted coverage for residential, accessory structures in the Multiple Use (MU) zone (Section 18.37.050(A)(1)) is increased to 30 percent of the lot area.

(Ord. 2018-31 § 2 (part), 2018)

   A.   Map. Land subject to the Benson Highway/Palo Verde Road Infill Overlay Zone shall be shown on county zoning maps by its underlying zone designation plus the suffix "I-2". The Benson Highway/Palo Verde Road Infill Overlay Zone includes the unincorporated MU (Multiple Use)-zoned properties located on the south side of Benson Highway from Country Club Road to Alvernon Way, the unincorporated CB-2 (General Business)-zoned properties located on the north side of Benson Highway and west of S. Palo Verde Road, and the unincorporated MU-zoned properties located on the north side of E. Felix Boulevard and west of Palo Verde Road,

   B.   Development standards.

      1.    Multiple Use Permit. The requirement for a Multiple Use (MU) zone use permit is waived.

      2.    Additional Uses. The permitted uses in Sections 18.43.030 (CB-1) and 18.45.030 (CB-2) are also allowed on Multiple Use (MU) zoned properties subject to the applicable performance standards of Chapter 18.43. No conditional use permit is required for these uses. The storage building or warehouse use is allowed if conducted within a completely enclosed building.

      3.    Waiver of Development Plan.

         a.    Any requirement, including Section 18.37.020(A)(4) and 18.71.010(B)(1), for a development plan (DP) is waived if the following criterion is met: In accordance with Chapter 18.75 (OFF-STREET PARKING AND LOADING STANDARDS), the project requires a combination of 25 or fewer parking spaces or drive-through stacking spaces.

         b.   Infill Incentive Site Plan. If a development plan is waived, in lieu of a development plan, a site plan showing the following features, drawn to scale, shall be submitted with any required permit application:

            1)    General location of any buildings and structures;

            2)   Access points;

            3)   Septic system layout if applicable, or if sewer is proposed the point of connection to public sewer and proposed sewer easements;

            4)   Setbacks;

            5)   Required landscaping; and,

            6)   Location of parking.

         c.   If the requirement for a development plan is waived, a drainage report is not required when the applicant agrees to the following:

            1)   The finished floor elevation of a structure must be 1 foot above the highest flood depth under the building footprint, unless site grading removes local depressions or provides for conveyance away from the building footprint;

            2)   If a fill pad is proposed, the fill pad must be armored to protect from erosive flows. Toe-down of the erosion protection shall be a minimum of 2 feet below finished grade. If a stem wall is proposed, toe-down shall be a minimum of 2 feet below finished grade;

            3)   All buildings shall be set back at least 50 feet from the Earp Wash;

            4)   If commercial or subdivision development is proposed, the first flush retention requirement applies when more than 2,000 square feet of new impervious surface is proposed;

            5)   If perimeter fencing is proposed, the fencing shall be a minimum of 25 feet from the property boundary or elevated to allow upstream offsite flows to pass through the fencing without altering drainage patterns.

   If the criteria above cannot be met or if drainage infrastructure is required to prevent altering drainage patterns at property boundaries, an engineering drainage report and design sealed by an Arizona registered engineer is required.

      4.   Setbacks. The minimum side and rear yard setbacks are waived and subject to building code requirements, unless the applicable adjacent property of the setback is existing residential development. If the applicable adjacent property of the setback is existing residential development, written authorization from the property owner is required to waive the setback.

      5.   Landscaping. Landscaping requirements are waived except for:

         a.   Uses on previously-undeveloped or redeveloped sites adjacent to Benson Highway, Country Club Road, Palo Verde Road or Alvernon Way shall be required to provide the minimum number of trees according to Section 18.73.040 (Screening and bufferyard requirements), to be located primarily along the highway or road, and subject to the minimum size, type, planting, and maintenance standards of Section 18.73.030 (Performance standards) of Chapter 18.73 (Landscaping, Buffering, and Screening Standards);

         b.    New or redeveloped non-residential uses adjacent to residential uses, unless written approval to waive a specific bufferyard requirement signed by the applicable adjacent residential property owner is submitted;

         c.    Whenever landscaping is required, the first flush retention requirements shall apply.

      6.    Lot Coverage. The maximum permitted coverage for residential, accessory structures in the Multiple Use (MU) zone (Section 18.37.050(A)(1)) is increased to 30 percent of the lot area.

      7.   The property owner/authorized representative shall contact the Pima County Office of Conservation and Sustainability cultural resources staff to discuss changes to historic buildings.

      8.   The property owner/authorized representative shall contact the Tucson Airport Authority regarding avigation easements, disclosure forms, and FAA forms.

(Ord. 2021-17 § 2, 2021)