Tucson City Zoning Code
ARTICLE
5: OVERLAY ZONES
5.1. PURPOSE OF OVERLAY ZONES
This article provides for overlays that impose standards and procedures that are in addition to those required under base zoning standards. Where there is a conflict between the standards of a base
and an overlay
, the standards of the overlay
shall apply, except for the Urban Overlay District (UOD) and Downtown Area Infill Incentive District (IID) that provide flexible
options to landowners rather than mandatory requirements.
5.2.1. INTRODUCTION
Tucson is surrounded by mountains. These mountainous areas exhibit steep
that may contain unstable rock and soils.
on potentially unstable soils or rock can be hazardous to life and property.
in these areas should utilize construction methods that ensure
stabilization and minimize soil
. Tucson’s mountains and foothills are valuable scenic resources that should be preserved. Dominant
and ridges should be protected in order to preserve the
’s unique visual setting, promote its economic well-being, and encourage tourism. Regulating the intensity of
according to the natural characteristics of hillside terrain, such as degree of
, significant vegetation and landforms, and soil stability and existing drainage patterns, will allow for
in hillside areas while minimizing the physical impacts of such
.
5.2.2. PURPOSE
This
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 that may require blasting, and utilizing appropriate engineering technology to result in stable
during and subsequent to
;
B. Reducing water runoff, soil
, and rock slides by minimizing
and by requiring
and
restoration;
C. Permitting intensity of
with the natural characteristics of hillside terrain, such as degree of
, significant landforms, soil suitability, and existing drainage patterns;
D. Preserving the scenic quality of the desert and mountain environment through the retention of dominant
and ridges in their natural states;
E. Reducing the physical impact of hillside
by encouraging innovative
and architectural design, minimizing
, and requiring restoration of graded areas;
F. Providing safe and convenient vehicular access by encouraging
on the less steeply sloped terrain; and,
G. Promoting cost-efficient public services by encouraging
on the less steeply sloped terrain, thereby minimizing service extensions and utility costs and maximizing access for all necessary life safety services.
5.2.3. APPLICABILITY
The provisions of the Hillside Development
(HDZ) apply to newly proposed
or individual
in the areas listed below. (See Figure 5.2-A.)
A.
and
Areas
Any
or
containing
and
areas designated for protection by the Mayor and Council, as shown on the
. The whole
is included if any portion of the
is within the
and
Area.
B.
Areas of 15% or Greater
Any
or
containing
of 15% or greater, as shown on the HDZ Maps. The whole
is included if any portion of the
is over 15%.
C. Approved
Any recorded
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
is resubdivided, it shall comply with all provisions of the HDZ currently in effect.
D. New
New
that occurs on
or proposed
that include property designated as HDZ shall be reviewed for compliance with these standards in accordance with Section 3.3.3, PDSD
Approval Procedure.
E. Exceptions
1. The HDZ standards do not apply to those
or
located within the
limits south of the Rillito River/Tanque Verde, east of the Silverbell Road-Congress
-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 standards shall not apply to vacant residentially-zoned
or
, legally created as of September 15, 1980, and containing an area of 16,000 square feet or less, unless, after July 19, 1989, the
or
is divided into two or more
or used for other than one single-
dwelling.
3. The HDZ standards shall not apply to
or
annexed from Pima County that were exempt from the Pima County HDZ at the time of annexation, unless the
or
is divided into two or more
or used for other than one single-
dwelling.
4. The
restrictions of Section 5.2.5 shall not apply to any
or
that was zoned R-1, R-2, R-3, or O-3 and located within the
limits prior to December 10, 1979, unless the
or
is divided into two or more
or used for other than one single-
dwelling.
5. The HDZ standards shall not apply in the following situations if the or vehicular circulation area existed prior to September 15, 1980.
a. Any addition to a that does not exceed one 1,000 square feet or 25% of the
area of the , whichever is greater. Additions shall be cumulative after September 15, 1980.
b. Any
of, or addition to, a vehicular circulation area that does not exceed 1,000 square feet or 25% of the existing vehicular circulation area, whichever is greater. Additions shall be cumulative after September 15, 1980.
c. Any paving of an existing vehicular circulation area.
F. Designation, Amendment, or Change of Boundaries for a Hillside Development
, a
, or
1. Designation
The Mayor and Council may designate new property as subject to this Hillside Development
or a new
or
for protection by the establishment of a 300-foot
. Consideration shall be in accordance with Section 3.5.3, Zoning Examiner Legislative Procedure. 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. Standard for Designation
or ridges or new HDZ areas designated for protection shall:
a. Have been designated by Pima County as a Hillside Development
or as a
or
prior to annexation by the
;
b. Contain significant
which should be protected;
c. Be significant in relationship to the surrounding property;
d. Be highly visible from lower elevations; or,
e. Form a silhouette against the sky when viewed from a
.
5.2.4. PERMITTED USES
Any use permitted by the underlying
shall be allowed.
5.2.5. DEVELOPMENT STANDARDS
The following
standards shall apply to
and
that are affected by this
. Any
or
created shall meet the
/size standards of Table 5.2-1 except as provided below. All
must be
at least 300 feet from each
or
as delineated on the
.
A. Single-
Residential
1. Existing
or
Where No Land Division is Proposed
The average natural cross-slope (
) shall be calculated for the entire
or
. If the
is 15% or greater, Columns A, B, and D of Table 5.2-1 shall apply. If the minimum land area required for the
or
, based on the
, is greater than the area of the
or
, natural areas may be designated on the
or
, in accordance with Section 5.2.6, to reduce the
percentage. Such designated natural areas shall be excluded from the
calculation but shall be included in the land area for the
or
. (See Figure 5.2-B)
2. Existing
or
Where Land Division is Proposed
The average natural cross-slope shall be calculated for the entire
or
. If the
is 15% or greater, Columns A and C of Table 5.2-1 apply. Natural areas may be designated on the
or
in accordance with Section 5.2.6 to reduce the
percentage. Such natural areas shall be excluded from the
calculation but shall be included in the land area for the
or
. (See Figure 5.2-B)
a. If the land division requires a
, all areas of 15% or greater
within the
or
, except within natural areas, shall be delineated. These sloped areas shall then determine the design of the
according to the following standards.
(1) For any proposed
within the
where the areas of 15% or greater
shall be located outside the
, the minimum
standards of the underlying
apply. The
may be redefined to exclude areas of steeper
in order to comply with this standard.
shall occur only within the
and access to the
.
for access may cross a delineated sloped area.
(2) For any proposed
within the
where the
contains areas of 15% or greater
, the minimum size required for that
shall be one
unless a greater size is required by the underlying
. The amount of
permitted is indicated in Column D of Table 5.2-1, based on the area of the
, Column B.
(3) Yard
for the applicable
shall be applied to the entire
or to each
within the
if the
is divided into
.
b. If a
is not submitted, the land area of each
created shall comply with Columns A, B, and D of Table 5.2-1.
B. Multifamily Residential
1. The
is calculated for the entire
or
. If the
is 15% or greater, Columns A, B, C, and D of Table 5.2-1 applies.
2. Natural areas may be designated on the
or
, in accordance with Section 5.2.6, to reduce the
percentage. Such natural areas shall be excluded from the
calculation but shall be included for the
and
calculations. (See Figure 5.2-B.)
a. If the
of the remaining portion of the
or
is less than 15% and contains no areas of 15% or greater
, 100% of that portion may be graded, subject to Section 5.2.7.B.1.
b. If the
of the remaining portion of the
or
is less than 15% but contains areas of 15% or greater
, 80% of that portion may be graded.
c. If the
of the remaining portion of the
or
is 15% or greater, Columns B, C, and D of Table 5.2-1 apply, based on the entire area of the
or
.
A | B | C | D |
Average Natural Cross Slope (Percent) | Minimum Area (
) | Maximum
(Percent) | |
A | B | C | D |
Average Natural Cross Slope (Percent) | Minimum Area (
) | Maximum
(Percent) | |
Less Than 15 | As Permitted by Underlying Zoning | ||
15.0-15.9 | 1.00 | 1.00 | 40.0 |
16.0-16.9 | 1.12 | 0.90 | 36.2 |
17.0-17.9 | 1.25 | 0.80 | 32.0 |
18.0-18.9 | 1.37 | 0.73 | 29.2 |
19.0-19.9 | 1.50 | 0.67 | 21.3 |
20.0-20.9 | 2.00 | 0.50 | 20.0 |
21.0-21.9 | 2.25 | 0.44 | 17.7 |
22.0-22.9 | 2.50 | 0.40 | 16.0 |
23.0-23.9 | 3.50 | 0.29 | 13.3 |
24.0-24.9 | 4.50 | 0.22 | 11.9 |
25.0-25.9 | 6.00 | 0.17 | 9.3 |
26.0-26.9 | 7.00 | 0.14 | 9.3 |
27.0-27.9 | 8.60 | 0.12 | 9.3 |
28.0-28.9 | 10.40 | 0.09 | 9.3 |
29.0-29.9 | 12.80 | 0.08 | 9.3 |
30.0-30.9 | 16.00 | 0.06 | 8.8 |
31.0-31.9 | 23.50 | 0.04 | 6.7 |
32.0-32.9 | 31.00 | 0.03 | 6.7 |
33.0 and Greater | 36.00 | 0.027 | 4.0 |
1 As determined in accordance with Section 9-01.3.0 of the Technical Standards Manual 2 Or as permitted by underlying zoning, whichever is more restrictive. 3 The following are not included when calculating the maximum permitted
percentage: 1. The area for septic tanks, including the primary and secondary leachate fields.
2. The area for the minimum area needed for a
with a maximum
of 15%, including the minimum amount of area for a necessary turn around area.
| |||
C. Flexible Lot Development (FLD)
The purpose of the FLD in the HDZ is to preserve the sloped areas while encouraging
on the flatter portions of a
or
. An FLD shall meet the standards of Section 8.7.3, as well as the following standards: (See Figure 5.2-C.)
1. All
shall be located outside the 300-foot
or
and the protected area shall be preserved as a natural area as provided in Section 5.2.6, Natural Areas;
2. The FLD application may be used for either single-
or multifamily
. In order to apply the FLD, the
of the area to be developed shall be less than 15%. This may require excluding steeper
as natural areas in order to reduce the
of the remaining portion. Such natural areas shall be excluded from the
calculation but shall be included for
and
calculations.
shall be regulated by the underlying
, based on the entire area; and,
3. For property within the HDZ, sloped areas in excess of 15% with an area greater than or equal to 7,000 square feet shall be delineated and set aside as
and designated as common area.
D. Nonresidential
1. The
shall be calculated for the entire
or
. If the
is 15% or greater, Columns A, B, and D of Table 5.2-1 apply. Column C does not apply.
2. Natural areas may be designated on the
or
, in accordance with Section 5.2.6, to reduce the
percentage.
a. If the
of the remaining portion of the
or
is less than 15% and contains no areas of 15% or greater
, 100% of that portion may be graded, subject to Section 5.2.7.B.1.
b. If the
of the remaining portion of the
or
is less than 15% but contains areas of 15% or greater
, 80% of that portion may be graded.
c. If the
of the remaining portion of the
or
is 15% or greater, Columns B and D of Table 5.2-1 shall apply, based on the entire area of the
or
.
E. Mixed
When a mix of
is proposed, each type of
shall meet all standards for that
, as required by this section.
5.2.6. NATURAL AREAS
Natural areas may be designated on any
or
, subject to the following standards.
A.
other than hiking trails shall not be permitted within the legally described boundaries of a natural area. (See Figure 5.2-D.)
B. The natural area shall be delineated in a surveyable manner on the tentative and final
or on the
, whichever is applicable, and designated by legal description on a document recorded with the Pima County Recorder.
C. A natural area may be designated as a deed-restricted portion of a privately-owned
or as a separate
. This
may be under the ownership of a
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.
D. To protect the natural areas, covenants that run with the land shall 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 such natural area, if in a
of four
or more in size, shall be at least one-half
in size or immediately
and
to other land also designated as natural area that, in the aggregate, is at least one-half
in size. Section 5.2.6 applies only to natural areas and not to other common areas and
, such as recreation areas, road medians, etc., that are not designated as required natural area.
5.2.7. HILLSIDE SITE IMPROVEMENT STANDARD
A.
are limited to a
of 24 feet for residential
and 30 feet for nonresidential
or the maximum height permitted by the underlying
, whichever is more restrictive. If the
is also located within the boundaries of other overlay
, the most restrictive of the standards shall apply. (See Figure 5.2-E.)
B.
Improvement Standard
All proposed
work, including
, shall comply with the Section 2-01, Excavating and , of the Technical Standards Manual and the following standards:
1.
a.
or
subject to the provisions of the HDZ ordinance shall have a
plan approved by the City Engineer or designee. Review of a
plan may occur concurrently with the review of the
,
, or base plan. All
shall meet the following standards:
(1) The portions of the
to be graded must be shown on a
or
plan and by staking on the
. A
-approved
plan is required prior to any grubbing,
, or clearing. Grubbing,
, and clearing shall occur only within the areas identified on the
plan and staked on the
or
; and,
(2) The portions of the
to be left ungraded shall remain undisturbed and shall not be used for stockpiling of materials or excess
, construction vehicle access, storage of vehicles during construction, or similar uses. If natural areas are designated on a
or
, temporary fencing, as approved and Inspected by the City Engineer or designee, shall be installed prior to construction where they abut construction areas in order to prevent encroachment into the natural areas.
b.
and Fill
The following are required of
and
:
(1) The maximum amount of
shall not exceed 30 feet;
(2) The uppermost point of an
shall be no higher than 15 feet above
;
(3) The uppermost point of a nonexposed
shall be no higher than the highest point of any
set into the
, provided that:
(a) This
shall be concealed from view by a method such as backfilling; and,
(b) The backfilled area must be revegetated in accordance with Section 5.2.7.B.2.b.
(4) The vertical distance of exposed
and/or exposed retaining material shall not exceed 15 feet;
(5)
and
shall either be revegetated or protected by constructed means, such as riprapping or retaining walls; and,
(6)
or
that encroach into a floodplain require City Engineer or designee approval.
2. Vegetation Retention and
a. Vegetation Retention
(1) Existing viable and transplantable trees with four inch or greater trunk diameter and cacti shall be preserved in their original locations, except for
and access and
serving
.
(2) When retention of the above trees and cacti in their original locations is not possible due to
location, the trees and cacti shall be salvaged and replanted in areas requiring
, whenever possible.
b.
All
or
that are no steeper than three horizontal to one vertical and all utility trenches or septic leaching fields that are not located in parking or
areas shall be revegetated in compliance with the following standards:
(1) All plants used in
shall be the same as the
on the
prior to
or clearing or any
; and,
(2)
shall be accomplished with the following minimum standards for plants:
(a) Desert trees, a minimum of 15-gallon size with a minimum trunk diameter of two inches measured at the soil level, or large specimen cactus shall be placed at the same vegetation
found on the
prior to any clearing, grubbing, or
; and,
(b) Seeds for trees, desert shrubs, and grasses shall be planted with a
adequate to control
and may use one of the following methods of planting: Raked into the soil with appropriate mulch materials; hydroseeding; anchored mulches; or established on jute, rolled straw, or similar material. Another method may be approved by PDSD.
(3) A temporary watering system shall be installed until the
materials are established.
3.
Stabilization
All
steeper than a ratio of three horizontal to one vertical, with the exception of retaining walls, shall be stabilized with properly engineered stone riprapping or sculptured rock as follows:
a. Stone riprapping shall be hand-placed on the
;
b. The stabilizing material used shall blend with the natural appearance of the
or
and the surrounding terrain; and,
c. Vegetation retention and
should be used in conjunction with riprapping.
C. Color
All exposed exterior walls and roofs of
, retaining walls, and
, except satellite dishes, shall be earth tone in color and shall blend with the predominant natural colors found on the
or
. Satellite dishes may be black. White is not permitted.
5.2.8. MAINTENANCE AND PROTECTION
Measures may be required prior to approval of a
or issuance of
permits, such as covenants,
, or
, as may be necessary to ensure the long-term maintenance of
control measures.
5.2.9. ENFORCEMENT
A. The developer and/or property owner shall be responsible for the following:
1. Submitting a Hillside Development
Plan in accordance with Section 9-01.0.0, Hillside Development , of the Technical Standards Manual;
2. Submitting average natural cross-slope and
area analyses in accordance with Section 9-01.3.0,
Analysis Standard, of the Technical Standards Manual, 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;
3. Surveying, staking, and inspection of the
or
by a certified engineer or land surveyor to determine compliance with the provisions of this section; and,
4. On-
enforcement by certifying to the City Engineer or designee that the
complies with the HDZ standards during the period of
.
B. If
of any provision of the HDZ occurs, the property owner is responsible for bringing the
into compliance with the HDZ standards. This may require restoration of the
as closely as possible to its original undisturbed condition, topography, and vegetation, in order to remove the
.
5.2.10. VARIANCES
A request for a variance from the 300-foot
from a
or
as provided for in Section 5.2.6, Natural Areas, shall meet, in addition to the findings required for a variance, the following conditions. Consideration shall be in accordance with Sections 3.10.1 and 3.10.3, Board of Adjustment Variance Procedure.
A. The proposed
is for a single-
residence;
B. The only area to be graded within the
and
is for a
pad and access to the
;
C. The visible external portion of the
or , except for doors, windows, and mechanical equipment, shall be constructed of materials that will blend with the predominant natural colors found on the
or
;
D. The highest portion of the is no higher than the elevation of the
or
;
E. No more than six feet of the external portion of the is exposed, except at points of
;
F. All
on the
or
are located underground; and,
G. The
is designed so that glass surfaces do not reflect beyond the
or
boundaries. This can be accomplished by methods such as using nonreflective glass or providing overhangs or other window shading, structural elements, or
that, when mature, will
windows.
5.3.1. INTRODUCTION
Tucson is located on a magnificent
, 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
, for its inhabitants, and for its economy. Specifically, beautiful surroundings help to attract tourists to the
, 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 encompass 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
.
5.3.2. PURPOSE
To protect the
’s unique visual setting and promote its economic well-being, performance standards are required to assure design sensitivity to the natural scenic quality. These standards are established to provide for the preservation of:
A. Views of prominent mountain
that form the limits of scenic viewsheds and provide a natural backdrop for sensitively designed
;
B. Viewsheds that 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
and natural topography; and,
D. View windows through an aesthetic screening or siting of developmental elements that are incompatible with the natural qualities of the surrounding area.
5.3.3. APPLICABILITY
A. Except as provided below, the provisions of the Scenic Corridor
(SCZ) apply to any portion of all real properties or
that are located within 400 feet of the
of any
designated on the
. (See Figure 5.3-A.)
B. Exception. Utility facilities constructed or installed in accordance with a certificate of environmental
issued prior to the adoption of this section, under the authority of A.R.S. Title 40, Chapter 2, Article 6.2, are exempt from the provisions of this section.
5.3.4. SCENIC ROUTE BUFFER AREA
A. Requirement
1. A buffer area 30 feet wide,
to the MS&R
, is required and shall be preserved and maintained in its natural state;
2. No
or
shall occur in a
buffer area except as provided in Section 5.3.4.C, Permitted ; (See Figure 5.3-B.)
3. The buffer area shall be restored as closely to its natural state as possible In areas where public safety or the delivery of public services precludes preservation of existing vegetation; and,
4. The buffer area is in lieu of the landscape border required along
frontages under Section 7.6,
and Screening Standards.
B. Measurement of the
Buffer Area
1. The
buffer area is measured from the future MS&R
, except as follows.
2. Exception. Where the MS&R
design includes installation of a
, pedestrian way, or bike path, the buffer may be measured from the MS&R projected back of the
, pedestrian way, or bike path if the buffer does not encroach more than ten feet into the future MS&R
with the written permission of the City of Tucson Department of Transportation. The use of the MS&R
is permitted only if the area can be landscaped.
C. Permitted
The following
are permitted in the
buffer area:
1.
or
, if their area does not exceed 20% of the
Buffer Area (Buffer Area). In this instance, the width of the Buffer Area is 30 feet in accordance with Section 5.3.4.A.1. For the purposes here, the Buffer Area is calculated as follows: Multiply the distance of the property’s
along the
measured at the
by 30 feet. If, due to topographical or engineering constraints, the
or
exceeds 20% of the Buffer Area, the width of the Buffer Area shall be increased to accommodate the square footage resulting from the following calculation: (Distance of the
along the
measured at the
- total width of
or
) x 24 feet = Required Buffer Area in square feet. Specific sign types may also be placed in the Scenic Routes buffer area in accordance with Article 7A.11.3 Scenic Corridor
(SCZ) District.
2. Trenching for the placement of utility lines, if the area is revegetated in accordance with Section 5.3.4.D,
of ;
3. An area not larger than 18 square feet and not exceeding 30 inches in height per
or
for the placement of utility transformers, pedestals, and service meters and hookups for
; and,
4. Selected vegetation may be removed when the Department of Transportation determines that removal is necessary for public safety if the removed plants are replaced with
.
D.
of
1. Any portion of the
buffer area and the MS&R
disturbed by
activity shall be revegetated with
.
2. Within the SCZ, excluding the
buffer area, all disturbed areas on the
that are
and are not covered by permanent
shall be revegetated with native plants, plants from the Drought Tolerant Plant List, or a combination of both.
3. In areas not visible from the Scenic Corridor
, vegetation may consist of native plants indigenous to the
or drought tolerant plant material. Oasis area
material may also be planted within this area at the levels permitted by the
ordinance.
E.
and
or
shall be no greater than a one foot rise or fall over a three foot length.
(Am. Ord. 11127, 11/6/2013; Am. Ord. 11803, 12/8/2020)
5.3.5. STRUCTURE HEIGHT
A. The maximum height of a is one-third the distance of the from the
, with the following exceptions. (See Figure 5.3-C.)
1. Principal
, with a maximum height of 12 feet, may be constructed anywhere within the
of the
.
2. Nonresidential
shall not exceed 30 feet in height.
3. Residential
shall not exceed 24 feet in height.
B. Where there is a conflict between these
standards and those of the existing underlying
or Hillside Development
(HDZ) (Section 5.2), the most restrictive standard shall apply.
5.3.6. SITING AND VIEW CORRIDORS
A. Siting of
shall be such that existing natural topography and vegetation is minimally disturbed.
beyond that necessary for siting of
, parking, private yards, and structural
is prohibited. All existing viable and transplantable vegetation with a
of four inches or greater and all Saguaro cacti shall be preserved or relocated on the
.
B. A
that has at least 200 feet of
along a
must provide view corridors as follows:
1. The view corridor(s) shall have a combined width of at least 20% of that
; and,
2. There must be at least one view corridor from the
into and through that portion of the
that lies within the SCZ. (See Figure 5.3-D.)
C. Drainageways shall be maintained in their natural states when 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 shall be in accordance with the “Floodplain, Stormwater, and
Hazard Management Regulations.”
5.3.7. PARKING AREAS
and screening of
shall comply with Section 7.6.4.B, .
5.3.8. SCREENING
5.3.9. UTILITIES
B. Where possible, existing poles shall be used to provide the required transition to underground service to new
to scenic corridors. However, a new pole set in line with the existing overhead system when necessary to serve approved new
is not deemed to be a new utility. Upgrades and reinforcements of existing overhead facilities is allowed to the extent that the total number of electrical circuits or communication cables is not increased. Relocation of overhead utility facilities required by public improvement districts along scenic corridors shall conform with existing franchise standards.
C. When an existing
is expanded by 50% or more in
or land area, new and existing
to all portions of the
shall be located underground unless relief is otherwise granted pursuant to UDC sections 5.3.14, Variances and/or through a Zoning Examiner special exception process per Section 4.9.11.A.12. Incremental expansion shall be cumulative. Additions to single-
dwellings are exempt from this standard.
(Am. Ord. 11942, 7/12/2022)
5.3.10. ADDITIONAL DESIGN CONSIDERATIONS
A.
or surfaces, that are
, shall have colors that are predominant within the surrounding landscape, such as desert and earth tones. Single-
dwellings, except in
recorded after May 28, 1985, are exempt from this standard.
B. Fencing and freestanding walls facing the
shall meet the material restrictions in Section 7.6.5, Screening Standards.
C. Signs are required to comply with the following:
2. Signs shall use colors that 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 400 feet of the
line on any
; and,
4. When the standards of this section and Section 3-32 conflict, the more restrictive of the two prevails.
(Am. Ord. 11803, 12/8/2020)
5.3.11. REVIEW AND APPROVAL PROCEDURE
A. Applications for
within the SCZ are reviewed and considered for approval in accordance with Section 3.3.3, PDSD
Approval Procedure.
B. At the request of the PDSD
or applicant, the Design Review Board (DRB) shall review
elevations,
,
, and other contributing design features to substantiate compliance with the standards required in making a decision.
C. The decision to approve or deny the
shall be based on the purpose, intent, and specific standards of this section, on the objectives specified in the
for scenic corridor
, and on the following standards that provide for the preservation of:
1. Views of prominent mountain
that form the limits of scenic viewsheds and provide a natural backdrop for sensitively designed
;
2. Viewsheds that 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
and natural topography; and,
4. View windows through an aesthetic screening or siting of developmental elements that are incompatible with the natural qualities of the surrounding area.
5.3.12. SUBMITTALS
Submittals shall be in compliance with the Administrative Manual.
5.3.13. GRADING
cannot occur until 30
prior to
construction. For commencement of
, the
construction plans shall be, at minimum, in the review process for permits, or the
construction permits shall have already been ready to be issued.
permits shall cover only those areas for which base plans have been approved.
5.3.14. VARIANCES
5.3.15. DESIGNATION, AMENDMENT, OR CHANGE OF BOUNDARIES FOR A SCENIC CORRIDOR ZONE
Designation, amendment, or change of boundaries for a Scenic Corridor
are processed in accordance with Section 5.4.3, MS&R Map Adoption and Amendment.
5.4.1. PURPOSE
The purpose of this overlay
is to implement policies in the
’s
, the Regional Transportation Plan, and the Air Quality Plan, with specific emphasis on the
. The
the future arterial and
needs of the community and is a tool to implement the
of a safe and efficient
system and the design of all
serviced by that system, while assuring the economic viability of new and expanding
and the continued economic stability of the community. These goals are achieved by providing for the:
A. Capability of
widening in a timely manner in order to increase the safety of the
system, allow for adequate
capacity, and provide for the movement of traffic safely and efficiently;
B. Capability of timely improvement of the
system to assist in reducing air pollution that:
1. Poses a significant threat to the health of the residents;
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
located on the MS&R system by establishing design standards that will provide adequate on-
facilities to accommodate and serve those
after
widening and improvement;
D. Improvement of the MS&R system by establishing standards that assure availability of land for
widening purposes, including alternate modes of transportation such as
, pedestrian, and mass transit;
E. Stability of residential neighborhoods that are in close proximity to
on the MS&R system, minimizing any unsafe encroachment into
neighborhoods by requiring all new and expanding
located on the MS&R system to maintain adequate facilities to serve their needs after any
improvement; and,
F. Community’s continued economic stability by establishing design standards to provide for the economic viability of all properties located along the MS&R system after
.
5.4.2. APPLICABILITY
The MS&R standards apply to the following uses on property, any portion of which abuts or is
to a
designated on the
’s or
’s
:
A. New
;
B. Changes of use, including new
occurring on vacant land;
C. Uses of land or
legally existing as of June 27, 1988, that are expanded in
,
, parking, seating capacity, or any other expansion of use, as listed below. Exception. An expansion of
for a nonconforming existing use that increases the number of spaces to the minimum required by the
for that use is exempt from counting toward the 25% expansion: (See Figure 5.4-A.)
1. If the expansion is less than 25%, the MS&R applies to the proposed expansion. The remainder of the use or shall be governed by provisions in force at the time of initial approval for the use or ;
2. If the expansion is 25% or more, the MS&R applies to the proposed expansion and to the parking and
standards that apply to the overall
; or,
3. Expansions that occur after the effective date of the MS&R shall be cumulated in determining the 25% expansion; and,
D. When one or more of the standards of the MS&R, the
, or the Scenic Corridor
(SCZ) (Section 5.5) apply to the same
, the most restrictive standards apply.
5.4.3. MS&R ADOPTION AND AMENDMENT
The
applicable under these provisions are established by the MS&R Map, which is adopted as a component of the
. The adoption and amendment of the
, including designations of
and
, are processed in accordance with Section 3.6,
Plan Adoption and Amendment Procedure. Designations of extensions of
and
may also be adopted with the adoption of original
zoning in accordance with Section 3.5.3, Zoning Examiner Legislative Process.
5.4.4. ESTABLISHMENT OF MS&R RIGHT-OF-WAY LINES AND GATEWAY ROUTES
locations are established utilizing the
width for those
identified in the
. The widths are measured in accordance with the method established by the
.
are those major
or routes designated as
by the
.
5.4.5. PERMITTED USE OF MS&R RIGHT-OF-WAY AREA
The area between the
is also referred to as the
, whether publicly or privately owned. In addition to
in conjunction with and accessory to
on
properties, the following are permitted in the
:
A. No portion of the
that is publicly owned shall be used toward complying with
standards, unless specifically stipulated;
C. Structural
, provided:
1. The MS&R is not a
;
2. The is not a
;
3. That, if the improvement is for
, such parking is in addition to the amount required for the existing use(s), and the area is fully improved as required for any
. The screening and
required by Section 7.6,
and Screening Standards, for , , and may be located temporarily in the until such time as this area is used for
purposes. Upon elimination of the , all parking-related , such as required screening and , as specified on the required by Section 5.4.5.F, shall be moved to the location specified on the at no cost to the ; (See Figure 5.4-B.)
4. The structural improvement, other than
, access, or public
, is located at least eight feet from the edge of the existing
(curb);
5. The improvement does not obstruct the existing
’s sight visibility triangle;
6. That, if the improvement is a sign, it is permitted as an on-
sign by the Sign Code. Such sign shall be removed at the time of
widening at no expense to the
; and,
7. Approval is granted by the Mayor and Council for any structural improvement located within publicly owned .
D. The following applies when calculating the various standards:
1. On
that are not part of a
or rezoning application, the
within the MS&R may be used as follows:
a. For calculation of
or
as non-
or
area, regardless of what
are located within that area;
b. For calculation of an adjustment for nonresidential
to
in accordance with Section 5.4.6.B or
standards provided the adjustment does not reduce the amount of required parking by 20% or more of the amount that would be required without the adjustment.
c. For calculation as part of the
,
, and
calculations. If the entire
, excluding access and public
, to the edge of the paved
is landscaped, that part of the
within the
may be included at one and one-eighth its size (multiply the area size by 1.125), provided:
(1) The
is visible from the public
;
(2) The
is over and above that required by the
; and,
(3) The
is not scheduled for construction within a period of three years from the date of issuance of a
permit.
d. If, in addition to
the entire MS&R area, that area is
to the
at
, the area may be included at one and one-fourth its size (multiply the area
by 1.25) in lieu of the 1.125. In this situation, Section 5.4.5.D.1.c(3) would not apply.
2. On
that are part of a
application but not part of a rezoning application, Section 5.4.5.D.1.c may be utilized.
E.
that is provided to achieve additional
or
is considered a requirement of the
and shall be maintained in compliance.
F. An approved
is required indicating how the
will comply with
standards when the MS&R
can no longer be used as part of the
. Such plan shall be an exhibit to an executed covenant for recordation stating the responsibility of the property owner, successor, or assignee as to the removal of
and compliance with the
at no cost to the
.
5.4.6. MS&R STREET PERIMETER YARD AND PARKING ADJUSTMENT
A.
The required minimum street
from a
that is designated a major
or route on the MS&R Map shall be the same as the
for the base
in accordance with Section 6.3.4, Dimensional Standard and Exceptions Tables, and other related sections if the is not a designated on the MS&R Map. Along a that is designated a , the required is regulated in accordance with Section 5.3.4.A,
Buffer Area.
B. Adjustment
An adjustment to the amount of required
for nonresidential
is permitted to compensate for the setting aside of property for eventual use as part of an MS&R improvement in accordance with Section 5.4.5.F. The amount of adjustment depends on the individual situation. To determine the amount, an adjustment factor is applied and calculated as provided below.
C. Applying Adjustment Factor
The adjustment factor (percentage) is utilized to accomplish one of the following:
1. To lower the ratio of required
spaces to the square footage of use;
2. To increase the square footage of use for the amount of
provided; or,
3. To increase the seating capacity of a use for the amount of
provided.
EXAMPLE 1: Application of Adjustment Factor
• Required Parking Ratio: One space for every 200 square feet of
.
• Adjustment Factor: 11.2 percent. (Refer to Section 5.4.6.C)
• Proposed
Square Footage: 30,440 square feet. Application 1. Adjustment to the Parking Ratio. If the adjustment factor is applied to the parking ratio, then the ratio (200) is multiplied by the adjustment factor (0.112). The result (22.4) is added to the normally required ratio (200) to provide the new adjusted ratio (222.4) that would be applicable. Application 2. Adjustment to
Size. If the adjustment factor (11.2%) is applied to the (30,440), first the parking would be calculated on the 30,440 square feet that, at one space per 200 square feet, would equal 152 parking spaces that shall be provided. Then, the 30,440 square feet is multiplied by the adjustment factor (0.112). The result (3,409) is then added to 30,440 square feet to provide a total square footage of 33,849 that could be placed on the property. Application 3. Adjustment to Seating Capacity. To apply the adjustment factor in a situation where the required is calculated by the number of seats, such as one space for every five seats, the adjustment factor (0.112) is multiplied by the number of seats (5). The result (0.56) is added to the number of seats (5) to provide the new adjusted ratio of one space for every 5.56 seats that would be applicable. |
D. Calculation of Adjustment Factor
1. The adjustment on each
is based on the amount (by percentage) of
that is within the
(A). This adjustment factor is calculated by dividing that area (A) by the gross
that includes area A. The adjustment factor is calculated to the nearest thousandth as shown below. (See Figure 5.4-C.)
Formula: A
÷
(A + B) = Adjustment factor
Where:
A =
within MS&R
B =
outside the MS&R
A + B =
or gross
EXAMPLE 2: Utilization of Formula A = 15,000 square feet B = 75,000 square feet A ÷ (A + B) = Adjustment factor (percentage) 15,000 ÷ (15,000 + 75,000) = Adjustment factor 15,000 ÷90,000 = Adjustment factor .167 = 16.7% = Adjustment factor EXAMPLE 3. Adjustment Utilizing Section 5.4.5.H.1.d. If area A were to the , then area A would be allowed to count at one and one-fourth its size in the adjustment calculation as provided in Section 5.4.5.D.1.d. For example, utilizing the conditions in Example 1, where A is equal to 15,000 square feet utilizing the provision of Section 5.4.5.D.1.d, area A would now be equal to 18,750 square feet (15,000 multiplied by 1.25). The calculation would be as follows with B = 75,000 square feet: A ÷ (A + B) = Adjustment factor 18,750 ÷ (18,750 + 75,000) = Adjustment factor 18,750 ÷ 93,750 = Adjustment factor 0.20 = 20% = Adjustment factor |
(Am. Ord. 11171, 5/20/2014)
5.4.7. MS&R RIGHT-OF WAY USE MODIFICATION REQUEST
A. Purpose
This section provides an administrative process allowing
in privately and publicly owned
. This procedure is intended to allow flexibility in using
areas where no negative impact is created for surrounding property or the
's major
and routes planning and where there is a finding that the subject
area will not be used for road expansion or similar uses in the future.
B. Applicability
The following
may be considered under this Major Streets & Routes Plan
Modification Request (MSMR):
, signs, required parking and landscaping and any other
deemed similar by the PDSD Director. The MSMR does not apply to
. Permission to use MSMR shall not preclude any other necessary regulatory relief process, such as a Design Development Option or Variance.
C. Application
Applications must include property ownership information, a
, and other information as required by the PDSD and Department of Transportation Directors as necessary to evaluate the request. Except as provided herein, review of an MSMR is processed in accordance with Section 3.3.3, PDSD Director Approval Procedure.
D. Findings for Approval
The PDSD Director may approve a MSMR as provided by this section if all of the following applicable criteria are met and documented in findings.
1. There is a written finding by the Department of Transportation Director that the subject
area will not be used for road, drainage or other needed expansions in the future and any other special condition required for approval has been met, and
2. The modification is not a request previously denied as a variance, and
3. The modification is not to a condition of approval for a rezoning, Special Exception Land Use, variance, or Individual Parking Plan, and
4. The modification does not adversely impact adjacent properties or development, and
5. The modification does not impede sight visibility at points of
into,
from, or within the
for either vehicular or pedestrian traffic or otherwise create or increase a safety hazard, and
6. The modification provides an
that is better integrated into the design character of the immediate neighborhood, and
7. The MSMR does not replace the need for an approval as a Parking Design Modification Request per Sec. 7.4.10.
(Am. Ord. 11171, 5/20/2014; Am. Ord. 11386, 7/6/2016)
5.5.1. PURPOSE
The purpose of this overlay
is to implement policies in the
’s
, the Regional Transportation Plan, and the Air Quality Plan, with specific emphasis on the
. The
the future arterial and
needs of the community and is a tool to implement the
of a safe and efficient
system and the design of all
serviced by that system, while assuring the economic viability of new and expanding
and the continued economic stability of the community. These goals are achieved by providing for the visual improvement of
designated as
by implementing standards for the design and
of the
and
, thereby providing:
A. A favorable visual impression of Tucson to tourists and visitors at entry points to the
and on routes leading to major recreation attractions;
B. Enhancement of the built environment along routes of important commercial
;
C. Incentives for private investment and economic
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
uses;
E. The improvement and use of the pedestrian environment along major transit routes; and,
F. Some measure of air quality control by requiring
with live vegetation to assist in purifying the air of carbon dioxide through oxygenation and dilution.
5.5.2. APPLICABILITY
The GCZ standards apply to the following uses on all property, any portion of which abuts or is
to a
designated on the
’s or
’s
:
A. New
;
B. Changes of use, including new
occurring on vacant land; or,
C. Uses of land or
legally existing as of June 27, 1988, that are expanded in
,
, parking, seating capacity, or any other expansion of use, as listed below. Exception. Expansion of
for a nonconforming existing use that increases the number of spaces to the minimum required by the
for that use is exempt from counting toward the 25% expansion.
1. If the expansion is less than 25%, the GCZ applies to the proposed expansion. The remainder of the use or shall be governed by provisions in force at the time of initial approval for the use or ;
2. If the expansion is 25% or more, the GCZ applies to the proposed expansion and to the parking and
standards that apply to the overall
; or,
3. Expansions that occur after June 27, 1988, shall be cumulated in determining the 25% expansion.
D. When one or more of the standards of the MS&R
, the
, or the Scenic Corridor
(SCZ) apply to the same
, the most restrictive standards apply.
E. At intersections where a and intersect, review and standards of the apply for 700 feet along the from each side of the intersection. The 700 feet shall be measured from the of the . This does not apply to Article 7A, Sign Standards.
F. The following are exempt from the application of the
standard:
1. Utility facilities constructed or installed in accordance with a certificate of environmental
issued prior to June 27, 1988, under the authority of A.R.S. Title 40, Chapter 2, Article 6.2;
2. Single-
legally existing on June 27, 1988; or,
3.
within the
.
G. Where widening of a
is planned for construction within three years after the date of a
permit application,
is not required to be implemented until the road
has been completed, provided the developer posts
to ensure compliance.
(Am. Ord. 11803, 12/8/2020)
5.5.3. REVIEW AND APPROVAL PROCEDURE
Applications for
within the GCZ are reviewed and considered for approval in accordance with Section 3.3.3, PDSD
Approval Procedure.
The
shall not issue any type of approval or construction permit, nor shall any improvement, construction, or
of a
or be allowed along a
, until approval is granted.
5.5.4. DEVELOPMENT STANDARDS
In addition to other applicable standards in other sections of the
, such as
and screening, the following
standards are required of
in the GCZ:
A. Signs
Signs as permitted by Article 7A, Sign Standards, are allowed within the required landscaped area with the exception of billboards. Billboards are not permitted within 400 feet of the
.
B.
1. New
b. Existing poles shall be used to provide the required transition to underground service to new
to
. When necessary to serve new
, a new pole set in line with, but not extending, an existing overhead system used to serve new
is not considered a new utility.
c. 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
Where an existing
is expanded in
or land area to any degree, new and existing
to all portions of the
shall be located underground unless relief is otherwise granted pursuant to UDC sections 5.3.14, Variances or through a Zoning Examiner special exception process per section 4.9.11.A.12. Additions to single-family dwellings are exempt from this provision. Additions to single-
dwellings are exempt from this provision.
3. Relocation of
Relocation of overhead utility facilities required by public improvement districts along
shall conform with existing franchise requirements.
(Am. Ord. 11803, 12/8/2020; Am. Ord. 11942, 7/12/2022)
5.5.5. DESIGNATION, AMENDMENT, OR CHANGE OF BOUNDARIES
Designation, amendment, or change of boundaries for a
shall be established through the amendment to the designation on the MS&R Map in accordance with Section 5.4.3, MS&R Adoption and Amendment.
5.5.6. VARIANCES
5.6.1. PURPOSE
The purpose of this overlay
is to protect the health, safety, and welfare of
and property in the vicinity of Tucson International
(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
; and (3) assisting in the implementation of policies and recommendations in the
’s
and
Environs Plan, the
), and the
and the Davis-Monthan Joint Land Study (DMJLUS). The overlay
further:
A. Promotes the
of uses with aircraft operations through the establishment of standards for the regulation of
and
;
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
undergoing medical treatment;
C. Increases the protection of
exposed to high levels of aircraft noise by requiring acoustical treatment in
located within these areas and regulating those uses that are sensitive to such noise;
D. Prohibits uses that create potential hazards to the safe approach and departure of aircraft; and,
E. Recognizes the role of Davis-Monthan Air Force Base in the Tucson community and protects the
’s interest in ensuring the continued viability and operation of Davis-Monthan AFB by limiting incompatible
in the
(ADC).
5.6.2. ESTABLISHMENT, DESIGNATION, AND AMENDMENT OF AEZ MAPS
The
Environs
(AEZ) includes districts and
that do not necessarily have the same boundaries. The boundaries of these districts and
are identified for Tucson International
(TIA) and for Davis-Monthan Air Force Base (DMAFB) by the
Environs
(AEZ) Overlay Map series kept on file in the offices of the City Clerk and the Planning and Development Services Department (PDSD). The AEZ Overlay Map series is hereby established as the official AEZ Overlay Map series, The AEZ Overlay Map became effective on May 16, 1990, as amended on January 28, 1991, April 27, 1992, October 28, 2002 and January 1, 2005.
The AEZ is made up of the following 11
and districts (See Illustrative Maps 5.6-B and 5.6-C.):
A. The following
and districts are established in the TIA environs:
1.
;
2.
;
3.
;
4. Noise Control District 65 (NCD 65) - High Noise District with exposures of 65-70
designated at TIA; and,
5. Noise Control District 70 (NCD 70 - High Noise District with exposures of 70+
designated at TIA.
B. The following
and districts are established in the DMAFB environs:
1.
(ADC-1) - Northwest end of DMAFB runway;
2.
(ADC-2) - Southeast end of DMAFB runway up to 30,000 feet from end of runway;
3.
(ADC-3) - Southeast end of DMAFB runway 30,000 to 50,200 feet from end of runway;
4.
(NCD A) - High Noise District with exposures of 65-70
designated at DMAFB; and,
5.
(NCD B) - High Noise District with exposures of 70+
designated at DMAFB.
C. The
(AHD) apply to both the TIA environs and the DMAFB environs. The AHD is a specifically designated area of land where uses that constitute hazards to aircraft operations are prohibited and heights are limited.
D. Designation, amendment, or change of boundaries for an
Environs
shall be established through the amendment to the designation on the AEZ Maps in accordance with Section 3.5, Rezoning (Change of Zoning) Procedure.
5.6.3. APPLICABILITY IN THE TIA ENVIRONS
B. Where more than one
or
applies to a property, the standards of all applicable districts or
shall apply. Where standards conflict, the most restrictive standards shall apply.
C. The
Environs
(AEZ) applies to the following on all property located within the TIA boundaries. For property partially within the TIA, the provisions apply to only those portions within the boundaries of the AEZ. For areas outside the
limits, the AEZ standards will apply upon annexation.
1. New
;
2. A change in, expansion of, or addition to the use of an existing as follows:
a. The residential
, employee
, and emergency evacuation plan and training standards of Section 5.6.5,
Use
for the TIA Environs, apply to the entire existing
if the change, expansion, or addition results in an increase in any of the following:
(1) Employee
;
(2) Residential
;
(3) Number of employees; or,
(4) Number of
of the general public for whom the was intended or designed to accommodate.
b. The noise attenuation standards of Section 5.6.6, Noise Control Districts, apply to the entire existing
if the use of the existing
is changed from any other
to one or more of the following uses:
(1) Residential;
(2) Place of
; or,
(3) Administrative or Professional Office.
3. Expansion of an existing
as follows:
a. If the
of a or the
on a
is expanded by less than 50%, the AEZ applies only to the areas of expansion;
b. If the
of a is expanded by 50% or more, the standards of Section 5.6.6 apply to the entire . Exception: the sound attenuation standard in this section does not apply to an expansion of the following types of
existing prior to May 16, 1990:
(1) A single-
or duplex dwelling;
(2) A mobile home; or,
(3) A manufactured housing unit.
c. If the
on a
is expanded by 50% or more, the employee
,
, and emergency evacuation plan and training standards of Section 5.6.5 apply to the entire
.
d. Cumulation of Expansions. Expansions are cumulated over time from May 16, 1990. Once a or
is brought into
with the provisions of this section, subsequent expansions are accumulated as of the date the existing or
is brought into
.
4. Nothing contained in this section affects existing property or the right to its continued use for the purpose legally used at the time these requirements become effective, nor do these requirements affect any reasonable repairs to, or
of,
or property used for such existing purposes.
5.6.4. TIA ENVIRONS
The following provisions apply to the TIA Environs.
A. Permitted Uses
The
permitted are those permitted by the underlying
, except as restricted by this section.
B. Posting of Occupancy Limitations
Any restriction of occupancy required under this ordinance as a condition of
permit issuance or certificate of occupancy shall be posted on the premises. The owner/manager(s) of the premises cannot exceed these limitations.
5.6.5. COMPATIBLE USE ZONES FOR THE TIA ENVIRONS
standards within the
Use
are as follows:
A.
1. Single-
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
was in place prior to May 16, 1990. Other uses allowed by the underlying zoning are permitted, except as modified by Section 5.6.5.D, Prohibited Uses.
a. Flexible Lot Developments, Section 8.7.3, are not permitted; and,
b. Residential
shall comply with the underlying zoning, with no more than 25
per
.
2. No more than one employee for every 250 square feet of
of all
on a
at any time shall be accommodated by intention, design, or in fact.
3.
or uses with 50 or more employees shall develop an emergency evacuation plan and training program shall be developed and implemented. Fire Department approval of this plan and program is required.
4. The maximum permitted height limit is the most restrictive of the underlying
, 75 feet, or as restricted by Section 5.6.11,
for TIA and DMAFB Environs.
B.
1. Single-
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
was in place prior to May 16, 1990. Other uses allowed by the underlying zoning are permitted, except as prohibited by Section 5.6.5.D, Prohibited Uses.
a. Flexible Lot Development (Section 8.7.3) are not permitted; and,
b. Residential
shall comply with underlying zoning, with no more than 25
per
.
2.
or uses with 50 or more employees shall develop an emergency evacuation plan and training program shall be developed and implemented. Fire Department approval of this plan and program is required.
3. The maximum permitted height limit is the most restrictive of the underlying
, 75 feet, or as restricted by Section 5.6.11,
for TIA and DMAFB Environs.
C.
1. In
, single-
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
was in place prior to May 16, 1990. Other uses allowed by the underlying zoning are permitted, except as prohibited by Section 5.6.5.D, Prohibited Uses.
a. Flexible Lot Development, Section 8.7.3, are not permitted; and,
b. Minimum
area per
is 144,000 square feet.
2. In
, no
shall exceed 75%
and 0.375
Ratio (FAR).
3. In
, no or use or or use shall accommodate, by intention or design, in whole or in part, at any one time, more than 50 employees.
D. Prohibited Uses
1.
of more than 50
is prohibited within
,
, and
.
a. Exception: Accessory Food Service for employees only is permitted provided such uses are provided on-
entirely within a devoted to a permitted
.
2. In addition to
, the following uses are prohibited within
and
:
a. Adult care homes, adult care facilities, specialized treatment homes, and group homes for the
;
b. Civic Assembly of 50 or more
;
c. Day Care;
d. Educational Use: Elementary and Secondary Schools; and,
e. Medical Service.
3. In addition to
, the following uses are prohibited within
:
a.
Service (on premises);
b. Civic Assembly;
c. Cultural Use;
d. Day Care;
e. Educational Use;
f. Entertainment (indoor and outdoor);
g. Financial Service (except automated teller);
h. Food Service (on premises, except as
);
i. General Merchandise Sales (retail stores over 2,500 square feet
);
j. Medical Service - Major;
k. Medical Service - Outpatient;
l. Membership Organization;
m. Recreation (indoor and outdoor);
n. Religious Use;
o. Swap Meet or Auction; and,
p. Travelers’ Accommodation.
5.6.6. NOISE CONTROL DISTRICTS
A.
1. Within Noise Control District-65, the following uses shall be provided with sound attenuation, to reduce the interior noise level to an
of 45 or less, as specified in Section 9-03.0.0, Sound Attenuation within the
Environs , of the Technical Standards Manual:
a.
-built residential uses;
b. Places of
; and,
c. Administrative and Professional Offices.
2. A manufactured housing unit is not considered equivalent to a single-
dwelling within the boundaries of
, unless located on a property zoned MH-1 or MH-2 or unless it can be demonstrated that the unit provides adequate sound attenuation to reduce the interior noise level to
45.
3. Prohibited Uses: Within
, Day Care uses are prohibited.
B.
1. Within Noise Control District-70, the following uses shall be provided with sound attenuation to reduce the interior noise level to an
of 45 or less, as specified in Section 9-03.0.0, Sound Attenuation within the
Environs , the Technical Standards Manual:
a.
-built residential uses;
b. Places of
; and,
c. Administrative and Professional Offices.
2. Single-
and multifamily dwellings are permitted, provided the property is residentially zoned as of May 16, 1990, and provided the interior noise level is reduced to an
of 45 or less as specified in Section 5.6.6.B.1.
3. A manufactured housing unit is not considered equivalent to a single-
dwelling within the boundaries of
, unless located on a property zoned MH-1 or MH-2 or unless it can be demonstrated that the unit provides adequate sound attenuation to reduce the interior noise level to
45.
4. Special Exception
.
a. The following uses are generally considered to be inappropriate within the high- noise area,
. They may be approved as Special Exception
upon application, review, and approval in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure. In addition to the standard notice required for Special Exception
applications, the Tucson Authority and Davis-Monthan Air Force Base shall be notified of all such applications within the boundaries of the Environs
(AEZ) (Section 5.6).
(1) Civic Assembly;
(2) Cultural Use;
(3) Educational Use - Postsecondary Institution;
(4) Entertainment;
(5) Medical Service - Major; and,
(6) Swap Meet or Auction.
b. In addition to the required findings and conditions specified in Sections 3.4.5 and 3.4.6, respectively, these uses shall be consistent with the intent of the
Environs
(AEZ) and the
Environs Plan or the
(
) Report and shall be capable of sound attenuation to mitigate the effects of high noise. In addition, all activity associated with the use shall be shown to take place within an
. An acoustical engineer shall demonstrate that the proposed use is insulated to an interior noise level of an
of 45 or less.
5. Prohibited Uses. Within
, the following uses are prohibited:
a. Day Care; and,
b. Educational Use: Elementary and Secondary Schools.
5.6.7. APPLICABILITY IN THE DMAFB ENVIRONS
Where more than one
or
is applicable to a property, the standards of all applicable districts or
shall apply. Where standards conflict, the most restrictive shall apply.
The
Environs
(AEZ) applies to the following on all property located within the DMAFB Environs boundaries. For property partially within the AEZ, the provisions shall apply to only those portions within the boundaries of the AEZ. For areas outside the
limits, the AEZ overlay provisions will apply upon annexation.
A. New
B. Changes, Expansions and Additions to Use of Existing
The following provisions shall apply starting January 1, 2005.
1. For a
of an existing , the provisions of Section 5.6.8, Approach-Departure Corridors for DMAFB Environs, applies to the entire existing
if it results in an increase in the number of employees.
2. The noise attenuation standards and performance standards established by Section 5.6.9, Noise Control Districts for DMAFB Environs, applies to the entire existing
if the use of the existing
is changed to one or more allowed uses requiring sound attenuation.
3.
existing within the AEZ prior to January 1, 2005 may expand or reconstruct provided that the new construction conforms to AEZ standards.
C. Nothing contained in this section shall affect existing property or the right to its continued use for the purpose legally used at the time these standards become effective, nor shall these standards affect any reasonable repairs to, or
of,
or property used for such existing purposes.
D. Nothing in these provisions shall preclude the renovation of existing
.
F. Owners of property within the DMAFB Environs and in the vicinity of the military
should be aware that A.R.S. Title 28, and A.R.S., Title 32, contain provisions that may apply to some properties regulated under this section. The provisions require property owners to inform potential purchasers, lessees, and renters that a property is in an
. Nothing herein requires property owners to provide notice that is in addition to the standards provided by
law.
5.6.8. APPROACH DEPARTURE CORRIDORS (ADC) FOR DMAFB
The required standards within the ADCs are as follows.
A. ADC-1
1. Performance Standards
The following performance standards are required in the ADC-1:
a. No more than 30 employees per
of
is permitted;
b. The minimum
area is three
; and,
c. The maximum FAR is .50 of the
area.
2. Prohibited
The following
are prohibited in the ADC-1:
a. Civic Use Group
(1) Civic Assembly- Outdoor and Indoor;
(2) Cultural Use;
(3) Religious Use; and,
(4) Educational Use.
b. Commercial Services Use Group
(1) Administrative and Professional Offices;
(2)
Service;
(3) Commercial Recreation;
(4) Day Care;
(5) Entertainment - Outdoor & Indoor;
(6) Food Service;
(7) Medical Services;
(8) Personal Service;
(9) Transportation Service - Air Carrier;
(10) Travelers Accommodation-Campsite; and,
(11) Travelers Accommodation-Lodging
c. Industrial Use Group
(1) Hazardous Material Manufacturing.
d. Recreational Use Group
(1) Parks and Recreation.
e. Residential Use Group (all uses within the group)
f. Restricted Adult Activities Use Group (all uses within the group)
g. Retail Trade Use Group (all uses within the group, except for Marijuana Dispensary Off-site Cultivation and Marijuana Dispensary Off-site Manufacturing Location)
h. Storage Use Group
(1) Hazardous Material Storage.
i. Wholesaling Use Group
(1) Hazardous Material Wholesaling.
3. Exceptions
The following are exceptions to the Prohibited Uses in ADC-1:
a.
in the Commercial Services Use Group and Retail Trade Use Group are permitted in ADC-1 only if the property was zoned RCV, NC, C-1, C-2, C-3, C-3, P or RV prior to January 1, 2005. (Rezoning from these
to
that provide for allowed uses in ADC-1 is encouraged);
b.
in the Commercial Services Use Group and the Retail Trade Use Group are permitted on property zoned P-I, I-1 or I-2 in ADC-1 only if a
plan was approved by Mayor and Council specifically for such use prior to June 30, 2005;
c.
not in
with the performance standards of 5.6.8.A.1 are permitted only if a
plan, was approved by Mayor and Council specifically for such
prior to June 30, 2005;
d. Single-
are permitted only if the property is zoned IR, RH, SR, RX-1, RX-2, R-1, R-2, or R-3, MH-1 or MH-2 and such
was in place prior to January 1, 2005. (Rezoning from these
to
that provide for allowed uses in ADC-1 is encouraged).
(1) Flexible Lot Development, Section 8.7.3, are not permitted; and,
(2) Residential
is limited to no more than one
per
.
e.
less than the minimum size required in ADC-1 and recorded prior to January 1, 2005 may be developed in
with all other standards specified in Section 5.6.8.A.1., 2, and 3;
f. Individual
of less than three
may be separately owned provided each such
is part of a
and covenants provided in this subsection that encompasses at least three
. The
shall be a
for notification purposes to the covenants; and,
g. Non-
located within ADC-1 may be included within a single
or
for the purpose of determining employee limits,
ratios and other performance standards provided there are recorded covenants requiring
with the approved
or
in the form approved by the PDSD
. Non-
that do not meet the above standards may be considered through Special Exception process as specified in Section 5.6.10.
B. ADC-2
1. Performance Standards
The following performance standards apply in the ADC-2:
a. No more than 20 employees per
of
at any time may be accommodated by intention, design, or in fact;
b. The minimum
area is five
; and,
c. The maximum FAR is .30 of the
area.
2. Prohibited
The following
are prohibited in the ADC-2:
a. Civic Use Group
(1) Civic Assembly - Outdoor and Indoor;
(2) Cultural Use;
(3) Educational Use; and,
(4) Religious Use.
b. Commercial Services Use Group
(1) Administrative and Professional Offices;
(2)
Service;
(3) Commercial Recreation;
(4) Day Care;
(5) Entertainment - Outdoor and Indoor;
(6) Food Service;
(7) Medical Services;
(8) Personal Service;
(9) Transportation Service - Air Carrier;
(10) Travelers Accommodation - Campsite; and,
(11) Travelers Accommodation - Lodging.
c. Industrial Use Group
(1) Hazardous Material Manufacturing.
d. Recreational Use Group
(1) Parks and Recreation.
e. Residential Use Group (all uses in the group)
f. Restricted Adult Activities Use Group (all uses in the group)
g. Retail Trade Use Group (all uses in the group except for Marijuana Dispensary Off-site Cultivation and Marijuana Dispensary Off-site Manufacturing Location)
h. Storage Use Group
(1) Hazardous Material Storage.
i. Wholesaling Use Group
(1) Hazardous Material Wholesaling.
3. Exceptions
The following are exceptions to the Prohibited Uses in ADC-2:
a.
in the Commercial Services Use Group and Retail Trade Use Group are permitted in ADC-2 only if the property was zoned RCV, NC, C-1, C-2, C-3, C-3, P or RV prior to January 1, 2005. (Rezoning from the previously mentioned
to
that provide for allowed uses in ADC-2 is encouraged.);
b.
in the Commercial Services Use Group and the Retail Trade Use Group are permitted in P-I, I-1 or I-2 in ADC-2 only if a
plan was approved by Mayor and Council specifically for such use prior to June 30, 2005;
c.
not in
with the performance standards of 5.6.8.B.1 are permitted only if a
plan was approved by Mayor and Council specifically for such
prior to June 30, 2005;
d. Single-
are permitted only if the property is zoned IR, RH, SR, RX-1, RX-2, R-1, R-2, R-3, MH-1 or MH-2 and such
was in place prior to January 1, 2005. (Rezoning from the previously mentioned
to
that provide for allowed uses in ADC-2 is encouraged).
(1) Flexible Lot Development, Section 8.7.3, are not be permitted; and,
(2) Residential
is limited to no more than one
per
.
e.
less than the minimum size required in ADC-2, recorded prior to January 1, 2005 may be developed in
with all other standards specified in Section 5.6.8.B.1., 2, and 3;
f. Individual
of less than five
may be separately owned provided each such
is part of a
and covenants provided in this subsection that encompasses at least five
. The
shall be a
for notification purposes to the covenants;
g. Non-
located within ADC-2 may be included within a single
or
for the purpose of determining employee limits,
ratios and other performance standards provided there are recorded covenants requiring
with the approved
or
in the form approved by the PDSD
. As provided in Section 5.6.10, non-
that do not meet the above standards may be considered in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure.
C. ADC-3
1. Performance Standards
The following performance standards apply in the ADC-3:
a. For uses in the Industrial, Wholesaling and Storage groups, the maximum FAR is .40 of the
area;
b. For all other non-residential groups, the maximum FAR is .20 of the
area;
c. The minimum
area is five
;
d. The maximum permitted
is 62 feet from
elevation or the height limit of underlying
, whichever is more restrictive; and,
e. Any meeting space and function areas where people gather in excess of 5,000 square feet in area shall be located underground.
2. Prohibited
The following
are prohibited in the ADC-3:
a. Civic Use Group
(1) Education Use, Elementary and Secondary Schools.
b. Commercial Use Group
(1) Day Care; and,
(2) Medical Service, Major and Extended Care.
c. Industrial Use Group
(1) Hazardous Material Manufacturing.
d. Residential Use Group (all uses in the group)
e. Storage Use Group
(1) Hazardous Material Storage.
f. Wholesaling Use Group
(1) Hazardous Material Wholesaling.
g. Landfills or facilities providing services that are critical for public health and safety, such as fire protection, police communications, sewage and water treatment or storage are prohibited.
3. Exceptions
The following are exceptions to the Prohibited Uses in ADC-3:
a.
not in
with the performance standards of Section 5.6.8.C.1, Approach Departure Corridors (ADC) for DMAFB, are permitted only if a plan was approved by Mayor and Council specifically for such prior to June 30, 2005.
b. Single-
are permitted only if the property is zoned IR, RH, SR, RX-1, RX-2, R-1, R-2, R-3, MH-1 or MH-2 and such
was in place prior to January 1, 2005. (Rezoning from the previously mentioned
to
that provide for allowed uses in ADCs is encouraged.)
(1) Flexible Lot Development, Section 8.7.3, are not permitted; and,
(2) Residential
is limited to no more than one
per
.
c.
, less than the minimum size required in ADC-3 and recorded prior to January 1, 2005 may be developed in
with all other standards specified in Section 5.6.8.C.1., 2, and 3.
d. Individual
of less than five
may be separately owned provided each such
is part of a
and covenants provided in this subsection that encompasses at least five
. The
shall be a
for notification purposes to the covenants.
e. Non-
located within ADC-3 may be included within a single
or
for the purpose of determining employee limits,
ratios and other performance standards provided there are recorded covenants requiring
with the approved
or
in the form approved by the PDSD
. As provided in Section 5.6.10, non-
that do not meet the above standards may be considered in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure.
(Am. Ord. 11978, 12/20/2022)
5.6.9. NOISE CONTROL DISTRICT FOR DMAFB ENVIRONS
A.
- 65-70
1. Performance Standards
The following performance standards apply in the
:
a. The following uses shall be sound attenuated, to reduce the interior noise level by 25 decibels, to 40-45
, in accordance with the Technical Standards Manual:
(1)
-built residential uses;
(2) Places of
; and,
(3) Administrative and Professional Offices.
b. A manufactured housing unit is not considered equivalent to a single-
dwelling within the boundaries of
, unless located on a property zoned MH-1 or MH-2 or unless it can be demonstrated that the unit provides sound attenuation to reduce the interior noise level by 25 decibels in accordance with the Technical Standards Manual.
2. Prohibited Uses
The following
are not permitted within the
:
a. Civic Use Group
(1) Civil Assembly - Outdoor; and,
(2) Educational Use - Elementary and Secondary.
b. Commercial Use
(1) Day Care;
(2) Entertainment - Outdoor; and,
(3) Medical Services - Major and Extended Care.
c. Residential Use Group (all uses in the group except as provided below)
3. Exceptions
Single-
dwellings are permitted in the
only if the property is zoned IR, RH, SR, RX-1, RX-2, R-1, R-2, R-3, MH-1 and MH-2 and such
was in place prior to January 1, 2005.
B.
- 70+
1. Performance Standards
The following performance standards apply in the :
a. The following uses shall be provided with sound attenuation to reduce the interior noise level by 25 decibels in accordance with the Technical Standards Manual:
(1)
-built residential uses;
(2) Places of
; and,
(3) Administrative and Professional Offices.
2. A manufactured housing unit is not considered equivalent to a single-
dwelling within the boundaries of , unless located on a property zoned MH-1 or MH-2 or unless it can be demonstrated that the unit provides sound attenuation to reduce the interior noise level by 25 decibels in accordance with the Technical Standards Manual.
3. Prohibited Uses
The following uses are not permitted in the :
a. Civic Uses Group
(1) Cemetery;
(2) Civic Assembly - Outdoor;
(3) Cultural Use;
(4) Educational Use; and,
(5) Religious.
b. Commercial Use
(1) Day Care;
(2) Entertainment - Indoor and Outdoor; and,
(3) Medical Services - Major and Extended Care.
c. Residential Use Group (all uses in the group except as provided in Section 5.6.9.B.4 below).
4. Exceptions
Single-
dwellings are permitted in the only if the property is zoned IR, RH, SR, RX-1, RX-2, R-1, R-2, R-3, MH-1 or MH-2 and such
was in place prior to January 1, 2005.
5.6.10. SPECIAL EXCEPTION LAND USES
A.
proposing to exceed the limits of the Performance Standards established in Sections 5.6.8.A, B. and C, are processed in accordance with Section 3.4.3, Zoning Examiner Special Exception
Procedure. These applications are analyzed for: 1) with base operations, 2) proximity to the end of the runway, 3) location in relationship to major flight tracks, and 4) compliance with the intent of the DM Joint
Study.
B. In addition to the notice required for Special Exception
applications, the Davis-Monthan Air Force Base shall be notified of all such applications within the boundaries of the DMAFB Environs.
5.6.11. AIRPORT HAZARD DISTRICTS FOR TIA AND DMAFB ENVIRONS
No , use of land, or tree may exceed the height limitations by the
within the
Environs
(AEZ). Refer to official maps established. Certain uses are prohibited from these districts as noted below and as determined by the Federal Aviation Administration (FAA).
A. The
are identified on the
Environs
(AEZ) Maps and are established as follows:
1. Tucson International
The height limits around Tucson International
are based on distances away from the established ends of runways. The mean sea level (MSL) elevations of the established ends of runways are as follows:
a. NE end of runway 21 is 2,567 feet MSL;
b. SW end of runway 3 is 2,561 feet MSL;
c. NW end of runway 11L is 2,575 feet MSL;
d. SE end of runway 29R is 2,641 feet MSL;
e. NW end of runway 11R is 2,583 feet MSL; and,
f. SE end of runway 29L is 2,660 feet MSL.
2. Davis-Monthan Air Force Base
The height limits around Davis-Monthan Air Force Base are based on distances away from the established ends of runways and also on a conical or inclined surface extending outward and upward from the established runway elevation at a ratio of 60:1. The established ends of runway MSL elevations are as follows:
a. NW end of the NW/SE runway is 2,590 MSL; and,
b. SE end of the NW/SE runway is 2,705 MSL.
B. Height Measurement
The height of a
, , or tree is measured from the MSL elevation at the end of the runway to a point specified in Section 6.4.4, Height, or to the highest point of a tree. (See Figure 5.6-A.)
C. Conflicts in Heights
Where two or more height restrictions are placed on a
, the more restrictive height limit prevails. Section 6.4.4.C, Exceptions to Height, do not apply in the AEZ.
D. Prohibited Uses
as defined in Section 11.4.2 are prohibited within the boundaries of the
.
E. Variances
Variances from the provisions of Section 5.6.11 are allowed as set forth in accordance with A.R.S. Title 28.
5.7.1. PURPOSE
These standards are intended to recognize the value of Tucson’s
resources, particularly the critical and sensitive wildlife habitat of eastern Pima County associated with public monuments, forests, and preserves. These standards relate to areas associated with Tucson’s public lands and preserves, including Saguaro National Park, Coronado National Forest, and Tucson Mountain Park. It is the intent of these standards to protect valuable habitat resources to the greatest extent possible.
,
with these public resources, is allowed. This overlay
specifically serves to:
A. Recognize the social, economic, environmental, biologic, and cultural importance of Saguaro National Park and Tucson Mountain Park to the City of Tucson;
B. Buffer Saguaro National Park and Tucson Mountain Park from the impacts of new
by allowing
that is
with preservation of critical wildlife habitat and the Park environs;
C. Conserve certain designated washes that extend from the Parks as areas of natural and scenic resources and provide valuable wildlife habitat;
D. Complement the City of Tucson Interim Watercourse Improvement Policy that provides for flood control,
, and groundwater recharge through the preservation of designated washes in natural and undisturbed states; and,
E. Assist in implementing the
policies that call for the preservation of Tucson’s significant natural areas along designated watercourses where identified in adopted area and neighborhood plans.
5.7.2. APPLICABILITY
A. Areas Mapped
that may contain
are shown on a series of maps approved by the Mayor and Council called the Environmental Resource
Overlay Maps (ERZ Maps). The ERZ Maps include all
along the subject washes that may contain
habitat, including those
that are not vacant. These maps are based on the Critical and Sensitive Wildlife Habitat Map that the Mayor and Council adopted by Resolution #15149.
B.
is associated with
along the following washes and their tributaries as shown on the ERZ Maps: 1) Agua Caliente; 2) Ajo; 3) Anklam; 4) Camino de Oeste; 5) Coronado
; 6) Cuprite; 7) Enchanted Hills; 8) Escalante; 9) Este; 10) Fagan; 11) Flato; 12) Franco; 13) Greasewood; 14) Julian; 15) North Fork
; 16) Petty Ranch; 17) Race Track; 18) Reyes; 19) Rincon Creek; 20) San Juan; 21) Silvercroft; 22) South Fork
; 23) Summit; 24) Tanque Verde Creek; 25) Thomas Sousa; 26) portions of the West Branch of the Santa Cruz; and 27) West Speedway (Painted Hills).
C. New
New
that occurs on
or proposed
that include property designated as an ERZ wash are reviewed for compliance with these standards in accordance with Section 3.3.3, PDSD
Approval Procedure.
D. Designation, Amendment and Change of Boundaries for ERZ Washes
Designations of new areas subject to this section and changes to existing designations are processed in accordance with Section 3.5, Rezoning (Change of Zoning) Procedure. For designation of new area within the , the proposed designation shall be reviewed by the Stormwater Advisory Committee (SAC) and Stormwater Technical Advisory Committee (STAC) prior to the public hearing before the Zoning Examiner. The recommendations of the SAC and STAC are forwarded to the Zoning Examiner prior to the public hearing.
E. Approved
Where a recorded
shown on the ERZ Maps is resubdivided, it shall comply with these standards.
F. Annexation
As annexation occurs, additional
or extensions of
may be added to the ERZ Maps.
G. Exceptions
The ERZ standards do not apply to the following:
1. Any single-
residence or other
existing as of July 3, 1990, or any expansion of up to 25% of either an existing residence or other
;
2. Any
or
to be developed with one single-
residence where all
and the residence and any
are located outside of the
;
3. Any
that was recorded prior to August 3, 1990, as long as:
a. Substantial construction occurred within five years of August 3, 1990; and,
b. Construction occurs in accordance with the approved
.
4. Where these standards affect a
that is also subject to the Hillside Development
(HDZ) standards, these standards do not apply as long as there is no encroachment into the 100-year floodplain.
5.7.3. DEVELOPMENT OPTIONS
subject to the ERZ may use one of the two following options.
A. No Encroachment in Floodplain
Where the owner of a
or
affected by these standards chooses to leave the 100-year floodplain undisturbed, the ERZ does not apply except that temporary fencing shall be placed between the
and the floodplain area as provided in Section 5.7.5.B, Temporary Fencing Required. Encroachment of the floodplain is limited to , , walkways, or bike paths as provided in Section 5.7.5
, Standards for
/Utility Encroachment. (See Figure 5.7-A.)
B. Study of
The following information is required when an applicant affected by these standards chooses to do a study of the
:
1. An
(ERR) in accordance with the provisions in the Administrative Manual is required. The ERR is a study of the
and documents locations of the
and
;
2. A
plan in accordance with Section 5.7.4.D,
Plan, is also required if preservation of the cannot be accomplished as required by the ERZ standards;
3. The
and, when applicable, the
plan is reviewed and considered for approval in accordance with Section 3.3.3, PDSD
Approval Procedure; and,
5.7.4. DEVELOPMENT STANDARDS
A. Preservation of
B. Residential
C. Nonresidential
Nonresidential
is allowed based on underlying zoning.
D.
Plan
1. Where preservation of the
cannot be accomplished as provided in these standards, the owner is required to submit a
plan;
2. The
plan shall include the following:
a. A statement of findings as to why 100% preservation of the
cannot be accomplished;
b. A description of the specific impact of the
on existing
within the
;
c. The proposed techniques to lessen the impacts of the
on the
. The techniques employed by the
should protect remaining
and restore
disturbed during construction. This may be done through clustering
away from substantial amounts of
, enhancement of degraded
through
or restoration, or other means appropriate to the type of
(see Figure 5.7-B); and,
d. A plan for 100% restoration of the
disturbed during construction as detailed in Section 5.7.5.A.6, 7, and 8;
e. A
plan is reviewed and considered for approval in accordance with Section 3.3.3, PDSD
Approval Procedure. In reviewing the statement of findings and the plan, such factors as the amount, quality, and predisturbance condition of the within the ; the contiguity of the ; the presence of any endangered species; the upstream or downstream characteristics of the designated wash; the alternatives to the layout and design of the ; and any other pertinent factors relating to the proposed or the that may be provided by the owner and the reviewing parties shall be taken into consideration.
E. Temporary Fencing Required
No grubbing,
, or construction shall occur on a
until areas designated to be retained in a natural state are temporarily fenced.
F. Inspection of Fencing
All temporary fencing shall be field inspected by PDSD before any construction on the
begins. Fencing shall be removed only on completion of construction.
5.7.5. STANDARDS FOR ENCROACHMENT
A. Standards
The following standards are required as part of the
plan, when applicable. They are also required for any allowed encroachment into
. Encroachment that may be allowed is limited to
,
, walkways, or bike paths.
1.
, bike path, and walkway
and utility encroachments into
are limited and approved only if there are no other alternatives in the design of the
. Where allowed,
, bike path, and walkway
and utility encroachments shall cross
and not run parallel to the
.
2. Where
, bike path, and walkway
are allowed to encroach into
, they are allowed only at the narrowest point of the
. (See Figure 5.7-C.)
3. All
in
shall be located underground.
shall be placed either along
, bike path, or walkway
or within approved easements. Water and sewer utility trenches must be set beneath the 100-year scour depth.
4. Any
, bike path, or walkway improvement that impedes the movement of wildlife shall be constructed in such a manner as to provide means for safe and accessible passage.
or encroachments into
shall be constructed to minimize disruption of vegetation and
. Where culverts are used, they should be box culverts a minimum of six feet in height.
5. Where a
, walkway, or bike path improvement or utility encroachment occurs within the
,
shall be required for any area disturbed because of such construction.
6.
should include plant material salvaged from the
.
7.
should recreate the
through the planting of trees, shrubs, and seed mix native to the
and be equal to the predisturbance plant
, diversity, and volume on the net
.
8. A maintenance program is required for revegetated/restored or enhanced areas so that plant material is replaced as needed.
B. Temporary Fencing Required
No grubbing,
, or construction shall occur on a
until areas designated to be retained in a natural state are temporarily fenced. All temporary fencing will be field inspected by PDSD before any construction on the
begins. Fencing shall be removed only on completion of construction.
5.7.6. STANDARDS FOR FENCES, WALLS, AND EXTERIOR LIGHTING
A. Fences and Walls
Neither fences nor walls are allowed that impede wildlife movement through designated
except for temporary fencing. If barbed wire fencing is used, the bottom and top wire shall be barbless and a bottom clearance of at least 18 inches from the ground is required.
B. Exterior Lighting
Lighting sources shall be confined to wall-mounted fixtures or standards a maximum of 42 inches in height, spaced to create pools of light rather than a saturated condition. Neither high-pressure sodium nor mercury vapor lighting shall be used. All lighting sources shall be shielded to reduce dispersed light.
5.7.7. VARIANCES AND AMENDMENTS
A. Variance Requests
1. Variances from the ERZ standards are reviewed and considered for approval in accordance with Sections 3.10.1 and 3.10.3, Board of Adjustment Variance Procedure. As provided in Section 2.2.6.C.5, the Design Review Board (DRB) reviews all ERZ variance request and forwards its recommendations to the Board of Adjustment.
2. If the City Engineer or designee, a notified property owner, or the applicant for the variance requests consideration of stormwater management issues related to the variance, the Stormwater Technical Advisory Committee (STAC) may review the variance request concurrently with the DRB and may provide written or oral testimony at the public hearing for the variance request. Any such testimony shall address the required findings.
B. Proposed
Amendments
The Stormwater Advisory Committee (SAC) may review all proposed amendments to this section and may provide written conclusions and recommendations to the PDSD
of the Department of Transportation to be forwarded to the Planning Commission and the Mayor and Council prior to public hearings on the proposed amendments.
5.8.1. PURPOSE
The purpose of the HPZ and HL designation is to promote the educational, cultural, economic, and general welfare of the community and to ensure the harmonious growth and
of the municipality by encouraging the preservation and rehabilitation of significant historic districts, neighborhoods,
,
, sites, objects, and archaeological resources. These designations are intended to ensure the preservation of significant historic and archaeological resources, and to keep them in active use or management in their historic appearance, settings, and locations. It is also intended that new or remodeled
or
located within HPZs or HL properties be designed and constructed to harmonize and be compatible with existing
and
within the sites and
in order to preserve property values, provide for appropriate future
, and promote an awareness of the heritage of Tucson among both residents and visitors to the community.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11150, 3/18/2014)
5.8.2. APPLICABILITY
A. The HPZ and HL designation is an overlay
superimposed over underlying zoning.
B. The HPZ and HL designation applies to specifically mapped areas where there is an individual historically important
,
,
, or object; a group of surviving related historic resources in their original setting; or an
that gives a historic dimension to the
. A list of established HPZs and HLs is provided in Section 9-02.8.0, Historic Preservation Zones, Sites, and Structures, of the Technical Standards Manual and is updated by the City Historic Preservation Office based on Mayor and Council action. Demolition requests in pending HPZs or HLs are subject to the standards of Section 5.8.10. To identify each HPZ or HL on the City of Tucson
, the preface "H" or "HL" is added to the assigned residential, office, commercial, or industrial
designation, e.g., R-1 becomes HR-1.
(Am. Ord. 11150, 3/18/2014)
5.8.3. STANDARDS FOR ESTABLISHING AND AMENDING HPZs
A. The following
should be considered when determining if an area, neighborhood, or
shall be established as a HPZ, or whether the boundaries of an existing HPZ shall be changed or dissolved:
1. A HPZ shall include
, historic buildings, or
, as defined in Section 11.4.9, and which are listed or eligible for listing in the National Register of Historic Places as a
at the local, state, or national level of significance;
2. A HPZ should include a group of related ,
, and
in their original setting that contribute to an understanding of the heritage of the community;
3. The group of ,
, and
should provide the area with a sense of uniqueness, and should be readily distinguishable from other areas of the community;
4. There should be a sufficient number of
and
of related or similar characteristics to make a recognizable entity; and,
5. Properties that meet the aforementioned criteria may be proposed for designation as a HPZ Contributing Property.
B. Proposed HPZ
1. An area may be proposed for HPZ designation or amendment by any of the following:
a. The Mayor and Council;
b. The property owners of fifty-one percent or more of the land area of the proposed HPZ (for calculation only, one owner per property); or,
c. Sixty-five percent or more of the property owners within the proposed HPZ (for calculation only, one owner per property).
(Am. Ord. 11150, 3/18/2014)
5.8.4. STEPS TO ESTABLISH OR AMEND A HPZ
A. Nomination Proposal
A nomination proposal for a proposed HPZ is provided to both the City Historic Preservation Office and the PDSD Director for review and recommendation to the Tucson-Pima County Historical Commission Plans Review Subcommittee for formal consideration of the nomination. The nomination proposal should include a completed application form, with a map outlining the geographic boundaries of the proposed area, a summary of the historic resources in the proposed HPZ, and a completed National Register of Historic Places form, or National Register nomination, or a State of Arizona Historic Property Inventory Form. Multiple photographs and attached Statements of Significance and Integrity must also be attached to the nomination proposal. Proposed HPZs will also require a list of recommended Advisory Board Members.
Staff shall review the survey and inventory information and accept or reject the application within 14 days of submittal.
B. Tucson-Pima County Historical Commission Plans Review Subcommittee
1. Public Meeting
The applicant presents the nomination proposal materials and any other evidence of historical significance and integrity in a public meeting. The Tucson-Pima County Historical Commission Plans Review Subcommittee votes to recommend approval or denial of the nomination.
2. Recommendation
If the Tucson-Pima County Historical Commission Plans Review Subcommittee votes to recommend approval, the applicant receives a recommendation letter from the PDSD Director as formal notification that the nomination proposal will be forwarded to the Mayor and Council to initiate the establishment or amendment of the HPZ.
C. Initiation
The Mayor and Council make a decision whether to initiate the establishment or amendment of a HPZ. An amendment to the designations of properties within an established HPZ does not require initiation by the Mayor and Council.
1. Public Meeting
Requests to initiate the consideration of establishing or amending a HPZ are considered by the Mayor and Council in a public meeting.
2. Decision
The Mayor and Council shall make the decision whether to initiate the process to consider the establishment of, or amendment to, a HPZ. As part of the decision to initiate, the Mayor and Council shall determine the proposed boundaries of the HPZ and appoint a HPZ Advisory Board to assist in the evaluation. Appointment, terms, and qualifications of the HPZ Advisory Board shall be in accordance with Section 2.2.8.
The nomination proposal and decision are forwarded to the Zoning Examiner in accordance with Section 3.5, Rezoning (Change of Zoning).
3. Expiration of Initiation
The initiation by the Mayor and Council of the establishment of, or amendment to, a HPZ expires five years from the date the Mayor and Council make the decision to initiate.
D. Additional Requirements for HPZs
1. Design
and Cultural Inventory and Survey
It is the responsibility of the applicant and HPZ Advisory Board to recommend design
for the proposed HPZ. The proposed design
shall be submitted to the Mayor and Council with the survey and inventory. The applicant shall consult with the City Historic Preservation Office during the preparation of the Cultural Inventory and Survey and Design
. Refer to Section 5.8.6, Design Standards and Technical Standards Manual Section 9-02.0.0.
E. Change of Zoning
Upon acceptance of the Design Standards and Inventory and Survey information by the City Historic Preservation Office and the PDSD Department, the application is reviewed by the Zoning Examiner and considered for approval in accordance with Section 3.5, Rezoning (Change of Zoning). The Zoning Examiner recommendation is then forwarded to the Mayor and Council. The Mayor and Council decision on the change of zoning may include the designation of
,
, or
as Contributing, Non-Contributing or Intrusive, and the designation of the boundaries of the HPZ.
F. Dissolution of a HPZ
Dissolution of a HPZ is reviewed and considered for approval in accordance with Section 3.5, Rezoning (Change of Zoning).
(Ord. 11150, 3/18/2014)
5.8.5. STANDARDS FOR ESTABLISHING AND AMENDING HLs
A. The following
should be considered when determining if an area shall be established as a HL or whether the boundaries of an existing HL shall be changed or dissolved.
1. A HL shall include
, historic buildings, or
, as defined in Section 11.4.9, Definitions, and which are individually listed or individually eligible for listing in the National Register of Historic Places at the local, state, or national level of significance.
2. A HL should include a group of related
,
, and
in their original setting that contribute to an understanding of the heritage of the community.
B. Proposed HL
An area may be proposed for HL designation or amendment by any of the following:
1. The Mayor and Council;
2. The owner(s) of the proposed HL, if it is a single property, or all of the owners if more than one property; or
3. The Tucson-Pima County Historical Commission Plans Review Subcommittee.
(Ord. 11150, 3/18/2014)
5.8.6. STEPS TO ESTABLISH OR AMEND A HL
A. Nomination Proposal
A nomination proposal for the proposed
is provided to the City Historic Preservation Office, the PDSD Director and the Tucson-Pima County Historical Commission Plans Review Subcommittee for review and recommendation to the Zoning Examiner. The nomination proposal shall include a map outlining the geographic boundaries of the proposed area, a summary of the historic resources in the proposed HL, and a completed National Register of Historic Places form, or National Register nomination, or a State of Arizona Historic Property Inventory Form. Multiple photographs and attached Statements of Significance and Integrity must also be attached to the nomination proposal.
Staff shall review the survey and inventory information for eligibility criteria and completeness. Staff shall accept or reject the nomination proposal within 14 days of submittal.
B. Tucson-Pima County Historical Commission Plans Review Subcommittee
1. Public Meeting
The applicant presents the nomination proposal materials and any other evidence of historical significance and integrity in a public meeting. The Tucson-Pima County Historical Plans Review Subcommittee votes to recommend approval or denial of the nomination.
2. Recommendation
If the Tucson-Pima County Historical Commission Plans Review Subcommittee votes to recommend approval of the nomination proposal, the applicant receives a letter from the PDSD Director. This letter acts as formal notification that the nomination proposal has been recommended for approval, and the applicant may proceed with the submittal of the HL rezoning application and materials.
C. Change of Zoning
The rezoning application and nomination materials are reviewed by the Zoning Examiner and considered for approval in accordance with Section 3.5 Rezoning (Change of Zoning) and must comply with all rezoning steps. The Zoning Examiner recommendation shall include findings verifying designation eligibility and any land use impacts of the proposed HL. The Zoning Examiner's recommendations regarding land use impacts are for consideration by the Mayor and Council but are to be presented separately from findings regarding the HL eligibility, and are not intended to place special rezoning conditions on the proposed HL. The Zoning Examiner's recommendations are forwarded to the Mayor and Council. The Mayor and Council decision on the change of zoning may include the designation of buildings, structures, or sites as Contributing, Non-Contributing or Intrusive, and the designation of a HL.
D. Additional Requirements for HLs
1. Design Standards
Refer to Section 5.8.9 for HL Design Standards. Consultation with the City Historic Preservation Office may be necessary in special cases.
E. Dissolution of a HL
Dissolution of a HL is reviewed and considered for approval in accordance with Section 3.5, Rezoning (Change of Zoning).
(Ord. 11150, 3/18/2014; Am. Ord. 11411, 11/22/2016)
5.8.7. PERMITTED USES
The following
are permitted in the HPZ.
A. Uses Permitted by the Underlying Zoning
Uses permitted by the underlying zoning and reasonably accommodated within existing
without altering the historic nature or significance of the .
B. Retail Sales by Resident
Retail sales by resident
may be permitted notwithstanding limitations of the underlying zoning standards. A proposed resident
use is reviewed and considered for approval in accordance with Section 3.3.4, 100' Notice Procedure. A resident use may be allowed as an to a principal residential in accordance with the following standards:
1. The resident
use applies only to the applicant’s use and the property for which approval was sought;
2. Retail sales are limited to goods produced on the premises by an
residing on the premises limited to the following:
a. Fine and commercial art, sculpture, and writing;
b. Crafts, including ceramics, metal, wood, jewelry, leather, weaving, antique repair, and custom furniture;
c. Photography; or,
d. Similar activities as may be approved by the PDSD
.
3. The exterior appearance of the existing is not altered for the purposes of the nonresidential use;
4. A sign shall identify only the resident
or residence and conform to the standards of the HPZ and Article 7A, Sign Standards, except that the size of the sign is limited to one and one-half square feet in area;
5. Storage, parking, and working areas are landscaped and screened in accordance with Section 7.6,
and Screening Standards, with materials with those in the HPZ as approved by the PDSD ;
6. The resident
use occupies no more than 25% of the
of the
, nor is there exterior display, activity, or advertisement of products or services;
7. No more than one nonresident is employed on the premises; and,
8. The activity does not create traffic, parking, noise, odors, waste materials, electrical interference, or any other negative impact that would adversely affect the character of the HPZ.
(Am. Ord. 11150, 3/18/2014; Am. Ord. 11732, 2/19/2020; Am. Ord. 11803, 12/8/2020)
5.8.8. DESIGN REVIEW REQUIRED
A. General
1. Review and approval, of all properties,
, signs, and
within an HPZ, is required for all
and
, including new construction or
that do not require
permits. Proposals are reviewed for compliance with Section 5.8.9, Design Standards.
2. Prior to the submittal of a proposal, the applicant should consult with the applicable historic HPZ Advisory Board and refer to the Secretary of the Interior’s Standards for Rehabilitation.
3.
are reviewed in accordance with the Full or Minor HPZ Review Procedures.
B. Full HPZ Review Procedure
1. Applicability
The following
types are reviewed for compliance with the applicable standards in accordance with the Full HPZ Review Procedure:
a.
or the erection or construction of a new ;
b. A permit for any
involving the modification, addition, or moving of any part of an existing , including signs, that would affect the exterior appearance, except as provided in Section 5.8.8.C, Minor HPZ Review;
c. Repairs or new construction as provided for in Section 5.8.8.C, Minor HPZ Review, that the PDSD determines shall be approved under the full review process due to the cumulative effect of phased work that would normally be subject to the applicability of the full HPZ review process;
d. The construction or enlargement of a
within a HPZ or on a property containing a
; and,
e. Exceptions. The following
types are reviewed using the Minor HPZ Review Procedure: installation of solar panels or cisterns or installation of or repairs to a roof.
2. Preliminary Staff Review
The applicant must submit a
and elevation drawings to the PDSD for preliminary staff review. The PDSD staff reviews the proposed plans for compliance with applicable
requirements and any LUC requirements that need to be addressed either through the historic design criteria or a special application for relief. The applicant will be informed in writing of any requirements the proposed plan does not meet.
3. Application Required
Submittal of an application to the PDSD is required in order to process the request.
4. HPZ Advisory Board - Review and Recommendation
The applicable HPZ Advisory Board shall review and make a recommendation on the application. The recommendation is forwarded to the Tucson-Pima County Historical Commission.
5. Tucson-Pima County Historical Commission Plans Review Subcommittee - Review and Recommendation
The Tucson-Pima County Historical Commission (TPCHC) Plans Review Subcommittee shall review and make a recommendation on the application. The subcommittee’s recommendation is forwarded to the PDSD
.
6. Decision
The PDSD
reviews the application and decides whether to approve, approve with conditions, deny, or refer the application back for additional review/recommendation based on revisions to the original proposal. The PDSD
shall consider the recommendations of the HPZ Advisory Board and the TPCHC Plans Review Subcommittee when considering a decision. The decision shall be provided in writing to the applicant, applicable HPZ Advisory Board, and the TPCHC Plans Review Subcommittee. No
permits will be issued prior to the expiration of the appeal period.
7. Appeals
A
may appeal the PDSD
’s decision to the Mayor and Council in accordance with Section 3.9.2, Mayor and Council Appeal Procedure. Appeals must be filed within 14 of the effective date of the ’s decision. For purposes here, the parties of record are the applicant, the applicable HPZ Advisory Board, and the Tucson-Pima County Historical Commission Plans Review Subcommittee.
8. Documentation Required Upon Approval
Applicants must submit three copies of the
and elevation drawings to the PDSD for formal approval prior to application for
permits.
C. Minor HPZ Review
1. Applicability
In general, the Minor HPZ Review Procedure is for
that do not require
permits. Specifically, the following
types are reviewed for compliance with the applicable standards in accordance with the Minor HPZ Review Procedure:
a. Minor or necessary repairs to a provided that:
(1) The total cost of such improvement is under $1,500, except for the replacement cost of appliances and mechanical equipment; and,
(2) The repairs involve replacement with materials of identical or historically accurate design, size, and color to those being replaced.
b. Emergency repairs provided that the repairs involve replacement with materials of identical or historically accurate design, size, and color to those being replaced;
c. The change in copy of a sign;
d. Any
that does not require a permit involving the modification, addition, or moving of any part of an existing that would affect the exterior appearance.
include, but are not limited to, fences and walls, except those
that the PDSD
determines shall be approved under the full review process due to the cumulative effect of phased work that would normally be subject to the applicability of the HPZ review; and,
e. Installation of solar panels or cisterns or installation of or repairs to a roof.
2. Application Required
An application, including
and elevation drawings, is required.
3. On-
Review Required
Upon submittal of the application, a date and time will be scheduled for the applicant, representatives from the applicable HPZ Advisory Board, Tucson-Pima County Historical Commission (TPCHC) Plans Review Subcommittee, and
staff to meet at the
to discuss the proposal.
4. Recommendation
The representatives from the applicable HPZ Advisory Board and the TPCHC Plans Review Subcommittee review the proposal and make a recommendation on the application to the PDSD
.
5. PDSD
Decision
The PDSD
reviews the application and decides whether to approve, approve with conditions, deny, or refer the application back for additional review/recommendation based on revisions to the original proposal. The PDSD
shall consider the recommendations of the HPZ Advisory Board and the TPCHC Plans Review Subcommittee when considering a decision.
6. Documentation Required
If approved, the applicant must submit three copies of the plans for formal approval by PDSD staff prior to application for
permits, if required.
(Am. Ord. 11150, 3/18/2014)
5.8.9. DESIGN STANDARDS
The HPZ Advisory Boards, Tucson-Pima County Historical Commission, staff, PDSD
, and Mayor and Council shall be guided by the design standards in this section and the Technical Standards Manual when evaluating proposed
applications within the HPZ. Proposed
within the HPZ shall be in compliance with the following standards and the standards of the applicable HPZ as provided in Section 9-02.7.0, Specific Historic Preservation
Guidelines, the Technical Standards Manual.
A. Generally
1.
or additions to a
shall properly preserve the historic and architectural characteristics that make it unique, and any changes or additions shall conform to the intrinsic and unique character of the
or itself. Any
to the interior of a publicly owned
shall be reviewed. The applicant should refer to the Secretary of the Interior’s Standards for Rehabilitation when tax certification for rehabilitation work is contemplated.
2.
or additions to a
within an HPZ shall reflect the architectural style and characteristics of the existing . The property may be renovated to an earlier historic style that applied to the property. In addition, such
or additions shall generally conform to the design standards of
within the
of the
.
3. New Construction or
New construction or
or additions to a
within an HPZ shall reflect the architectural style of, and be
with, the
located within its
.
B. Height
Heights of principal
in the
's
are used to compare to proposed new construction of, or additions to, principal
. Likewise, the height of proposed
is compared to other
heights in the
, except in the case of Accessory Dwelling Units, where height is compared to the height of other principal
in the
(See Figure 5.8-A.)
1.
or additions to a
shall be no higher than the tallest comparable feature of the existing .
2.
or additions to a
shall be constructed no higher than the tallest
located within its
and shall generally conform to the typical height within the
.
3. New Construction or
New construction or
or additions to a
shall be constructed no higher than the tallest
located within its
and shall generally conform to the typical height within the
.
C. (See Figure 5.8-B.)
1.
or additions to a
shall maintain the original front
of the existing or the
existing within its
, provided that such a
is
with the historic character of the existing . Interior
shall be consistent with those existing within the
.
2.
or additions to a
shall maintain the prevailing
and interior
existing within its
.
3. New Construction or
New construction or
or additions to a
shall maintain the prevailing
and interior
existing within its
.
D.
1.
or additions to a
shall reflect the
of the existing .
2.
or additions to a
shall be consistent with the
of the existing and with the prevailing
of
within its
.
3. New Construction or
New construction or
or additions to a
shall reflect the prevailing
of
within its
.
E. Roof Types
1.
or additions to a
shall have a roof
in configuration, mass, and materials to that of the architectural style of the existing .
2.
or additions to a
shall have a roof
in configuration, mass, and materials to that of the architectural style of the existing .
3. New Construction or
New construction or
or additions to a
shall have a roof
in configuration, mass, and materials to the prevailing historic style and period of the existing
within the
in which the proposed will be constructed.
F. Surface Texture
1.
Surface texture of
or additions to a
shall be appropriate to the historic style of the existing and the period in which it was constructed.
2.
Surface texture of
or additions to a
shall be appropriate to the historic style of the existing .
3. New Construction or
New construction or
or additions to a
shall have a surface texture that is appropriate to the historic style of similar
within the
and shall reflect the historic periods existing within the HPZ.
G.
1.
of a
shall be appropriate to the historic period in which the existing was built.
2.
of
or additions to a
shall be consistent with the
of
within the
.
3. New Construction or
of new construction or
or additions to a
shall be consistent with the
of
within the
.
H. Projections and Recessions
1.
Projections and recessions of a
, such as porches, steps, awnings, overhangs, entrances, and windows, shall be appropriate to the style of the existing and the historic period in which it was built.
2.
Projections and recessions of a
, such as porches, steps, awnings, overhangs, entrances, and windows, shall be appropriate to the style of the existing .
3. New Construction or
New construction or
or additions to a
shall have projections and recessions, such as porches, steps, awnings, overhangs, entrances, and windows, that are
with the existing historic styles within the
and reflect the historic periods of the HPZ.
I. Details
1.
Architectural details of a
, such as cornices, lintels, arches, grill work, shutters, window and door trim, and canales, shall be appropriate to the historic style of the existing and the historic period in which it was built.
2.
Architectural details of a
, such as cornices, lintels, arches, grill work, shutters, window and door trim, and canales, shall be appropriate to the historic style of the existing .
3. New Construction or
New construction or
or additions to a
shall have architectural details, such as cornices, lintels, arches, grill work, shutters, window and door trim, and canales, that are
with the existing historic styles and historic periods of
within the
.
J.
Form
1.
Size, mass, and scale of
or additions to a
shall be
with those of the existing .
2.
Size, mass, and scale of
or additions to a
shall be
with the existing and with the
within the
.
3. New Construction or
New construction or
or additions to a
shall have size, mass, and scale that are
with the existing
within the
.
K.
1.
The
, pattern, and
of openings of additions or
to a
shall be
with those of the existing .
2.
The
, pattern, and
of openings of additions or
to a
shall be
with those of the existing and with those of
in its
.
3. New Construction or
New construction or
or additions to a
shall reflect the
, pattern, and
of openings of
in its
.
L. Additional Review Standards
To provide flexibility in the review of applications that reflect the diverse and unique characteristics of the various HPZs, other pertinent factors generally affecting the appearance, harmony, and efficient functioning of the HPZ may be used as appropriate for the particular application, such as the following:
1. Color
Color of a
or , including trim, roof, and other details, shall be appropriate to the architectural style of the subject and its historic period. Color may be reviewed in the context of a required HPZ review; painting alone shall not be considered through an HPZ review.
2.
Plantings and other ornamental features shall reflect the historic period of the subject .
may be reviewed in the context of a required HPZ review;
alone shall not be considered through an HPZ review.
3.
Fences, walls, or other physical features used to enclose
or provide privacy shall be
with the architectural style of the subject and with
within the
and shall reflect the historic period of the HPZ.
4.
New aboveground power and telephone line installation and new utility connections shall be reviewed for appropriateness and
, especially the use of electric utility boxes on front facades.
M. Signs
The appearance, color, size, position, method of attachment, texture of materials, and design of signs within an HPZ shall be in keeping with the collective characteristics of the
located within the appropriate
. Signs allowed in the underlying
shall be further regulated by Article 7A, Sign Standards. The signs allowed in the underlying are further limited as follows (see Figure 5.8-C):
1. Historic
Advisory Board Approval
All sign permit applications must be approved by the appropriate historic
advisory board.
2. Off-site signs are not permitted;
3. Business signs are limited to one sign only for each street
per premises. Businesses having
on more than two streets are allowed a total of three signs. Businesses are limited to one freestanding sign per premises;
4. Maximum Sign Area
Signs in Residential Zones may be up to eight square feet; signs in Commercial Zones may be up to 40 square feet. The sign shall be appropriately sized, result in minimal damage to historic fabric, and avoid adverse effects on qualities that make a
eligible for listing in the National Register of Historic Places.
5. Height. Signs shall not extend above the top of the nearest facade, eaves, or fire wall of a
or
;
6. Design and materials of signs
Visible bulbs, not exceeding 20 watts per bulb, are allowed. Bulbs within fixtures are not limited in wattage. Neon tubing may be allowed on commercially zoned properties, where historically appropriate. Clear plexiglas and acrylic, when used as a substitute for glass, is allowed; otherwise, plastics are not allowed. Luminous paints are not allowed;
7. Permitted Signs
b. Awning signs.
c. Banners,
and curbside.
d. Freestanding signs, monument and low profile only.
(1) Maximum number: One per premises.
(2) Freestanding signs that include or consist of a three-dimensional representation of a figure or object are prohibited.
e. Portable signs.
(1) May be permitted in this
only after review and approval by the planning and
services
, the applicable historic
advisory board and the Tucson Pima County Historical Commission.
f. Projecting signs.
(1) Allowed use: Limited to commercial uses only.
(2) Maximum height: 20 feet from
(pedestrian surface) to top of sign or two feet below the parapet, whichever is more restrictive.
(3) Minimum clearance: Eight feet between
and bottom of sign.
(4) Maximum projection from
: Five feet.
g. Temporary signs.
h. Wall signs.
i. Canopy signs, limited to properties zoned HO-2, HO-3, HNC, HC-1, HC-2, HC-3, HOCR-1 and HOCR-2.
j. Heritage landmark signs (HLS), all types. The first HLS on a premise does not count toward the maximum total sign area.
8. Prohibited Features
9. Illumination. Buildings and signs within the HPZ may be illuminated by remote light sources, provided that these light sources are shielded to protect adjacent properties; and,
10. The applicant may apply for a variance from these standards where it can be shown that the proposed sign is consistent with the purpose and intent of the HPZ and is historically authentic. In the alternative, the applicant may request to vary these standards under Article 7A Sign Design Options.
N. Motor Vehicle and
Parking in accordance with Section 7.4, Motor Vehicle and
Parking, is required. Parking may be provided on- or off- with zoning that allows parking as a . Off- parking spaces for uses within the HPZ shall not be located more than 600 feet, within the same or another , from the
the spaces serve, except within the boundaries of the El Presidio HPZ where required parking spaces may be provided not more than 600 feet beyond the HPZ boundary (See Figure 5.8-D). All new or modified within the HPZ shall be landscaped and screened as required by Section 7.6,
and Screening Standards, using structural and plant materials.
(Am. Ord. 11150, 3/18/2014; Am. Ord. 11803, 12/8/2020; Am. Ord. 12131, 10/22/2024)
5.8.10. DEMOLITION REVIEW REQUIRED
It is the intent of this section to preserve the historic and architectural resources within the HPZ and the Rio Nuevo District (RND) in their original appearance, setting, and placement. Demolition of a historic property can cause an irreplaceable loss to the quality and character of the City of Tucson. However, it is recognized that there can be circumstances beyond the control of a property owner that may result in the necessary demolition of a within the HPZ or RND. These circumstances include a
that constitutes an imminent safety hazard, involves a resource whose loss does not diminish or adversely affect the integrity of the HPZ, or prevents a reasonable economic use of the property. A proposed
is not considered in the analysis of reasonable economic use.
No demolition permit shall be issued by the
for demolition or relocation of all or any part of a ,
, sign, or
that would affect its exterior appearance within the HPZ before review and approval occurs. Review is required under the following procedures.
A. Emergency Demolition
If the
Official determines a to be an imminent hazard to public safety and repairs would be impractical, emergency demolition procedures are conducted in accordance with Chapter 16-66, Historic , of the Tucson Code.
B.
and Noncontributing, Nonhistoric Structures
For
designated as
or noncontributing, nonhistoric properties in HPZs, the PDSD
shall consult with the appropriate HPZ Advisory Board and the Tucson-Pima County Historical Commission Plans Review Subcommittee to ensure that the is properly classified at the time of the request for demolition. If the is an
or noncontributing, nonhistoric, no further review shall be required. If the PDSD
determines that the has not been properly designated, the PDSD
may delay the issuance of the permit until the proper designation is determined by the Zoning Administrator or may proceed with the appropriate review process as if the designation had been changed.
C. Independent Portions of
A request may be made for the demolition of a portion of a if the demolition will not adversely affect the historical character of the property. For portions that may be independently designated as
or noncontributing, nonhistoric elements, the PDSD
shall consult with the HPZ Advisory Board or the Tucson-Pima County Historical Commission Plans Review Subcommittee to ensure that the portion of the has been properly classified and that demolition will not have any adverse impact on the contributing or historic character of the property. If the portion of a is designated under this section as an
or nonhistoric element, no further review is required. At least four
prior to issuance of a demolition permit, the PDSD
shall notify the applicant, the appropriate HPZ Advisory Board and the Tucson-Pima County Historical Commission Plans Review Subcommittee of the decision. A decision by the PDSD
may be appealed by the HPZ Advisory Board or the Tucson-Pima County Historical Commission Plans Review Subcommittee to the Zoning Examiner within three
of the effective date of the decision.
D.
, Nonhistoric
Review by staff, the applicable HPZ Advisory Board, and the Tucson-Pima County Historical Commission is required before a decision is made by the PDSD
. The procedure for review shall be in accordance with Section 3.3.4, 100' Notice Procedure. The appropriate HPZ Advisory Board and the Tucson-Pima County Historical Commission Plans Review Subcommittee are parties of record for the purpose of determining notice and the right to appeal the decision. The standards used to make this decision are as follows:
1. The or
is of no historic or architectural value or significance and does not contribute to the historic value of the property;
2. Loss of the would not adversely affect the integrity of the HPZ or the historic, architectural, or aesthetic relationship to
properties, and its demolition would be inconsequential to the historic preservation needs of the area;
3. Whether there are definite plans for reuse of the property if the proposed demolition is carried out and what effect such plans will have on the architectural, cultural, historic, archaeological, social, aesthetic, or environmental character of the surrounding area as well as the economic impact of the new
; and,
4. Whether reasonable measures can be taken to save the
, object,
, , or cluster from further deterioration, collapse, arson, vandalism, or neglect.
E. Historic
and
Approval for the demolition of
, demolition of
on Contributing Historic Properties in HPZs, and demolition of
listed in the National Register of Historic Places or the Arizona Register of Historic Places in the Rio Nuevo District (RND) is determined by the Mayor and Council. The criterion used to make this decision is that the owner of the would be subject to reasonable economic use if the
were not demolished. The procedure for approval is required below.
1. Application
Submittal of an application shall be in accordance with the applicable provisions of Section 2-06.0.0,
Package, in the Administrative Manual.
2. Reasonable Economic Use
When reasonable economic use of the property is prevented due to the effect of this ordinance, the owner has to prove that reasonable use of the property cannot be made. The public benefits obtained from retaining the historic resource are analyzed and duly considered by the PDSD
, the applicable HPZ Advisory Board, and the Tucson-Pima County Historical Commission Plans Review Subcommittee. The owner shall submit the following information by affidavit to the PDSD
for transmittal to the review bodies for evaluation and recommendation:
a. Except as provided in Section 5.8.10.E.2.a(10), for all property:
(1) The assessed value of the land and
thereon according to the two most recent assessments;
(2) Real estate taxes for the previous two years;
(3) The date of purchase of the property or other means of acquisition of title, such as by gift or inheritance;
(4) Annual debt service, if any, for the previous two years;
(5) All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, ensuring, or ownership of property;
(6) Any listing of the property for sale or rent, price asked, and offers received, if any;
(7) Any consideration by the owner as to profitable adaptive uses for the property;
(8) The current fair market value of the property as determined by at least two independent appraisals; and,
(9) An estimate of rehabilitation cost to restore the to active use.
(10) Exceptions. When a property owner is financially unable to meet the standards set forth in this subsection, the PDSD
may waive some or all of the standards and/or request substitute information that a property owner may obtain without incurring any costs. An applicant may request a waiver of one or more of the submittal requirements based on the specific nature of the case. The PDSD
, who may consult with the Tucson-Pima County Historical Commission, shall make a determination on the waiver request. If a determination cannot be made based on information submitted and an appraisal has not been provided, the PDSD
shall request that an appraisal be made by the
.
b. In addition to the requirements in Section 5.8.10.E.2.a, owners of income-producing property shall submit the following:
(1) Annual gross income from the property for the previous two years;
(2) Itemized operating and maintenance expenses for the previous two years, including proof that adequate and competent management procedures were followed;
(3) Annual cash flow, if any, for the previous two years; and,
(4) Proof that efforts have been made by the owner to obtain a reasonable return on investment based on previous service.
3. Negotiations Prior to Decisions on Demolition Applications
a. The application is scheduled for a public hearing with the Mayor and Council no sooner than 90
from the date the application is accepted. During this time period,
staff shall discuss the proposed demolition with the property owner and other
officials to see if an alternative to demolition can be found before a formal consideration of the application by the Mayor and Council. The PDSD
shall analyze alternatives to demolition and request, from other
departments or agencies, information necessary for this analysis.
b. If within this 90 day period either one of the following two events occurs, the Mayor and Council may defer hearing the application for six months, and it is considered to have been withdrawn by the applicant during such six-month period:
(1) The owner enters into a binding contract for the sale of the property; or,
(2) The City of Tucson acquires the property by available legal process for rehabilitation or reuse by the
or other disposition with appropriate preservation restrictions.
c. If within the 90-day period neither of the two events summarized above occurs, a public hearing with the Mayor and Council on the demolition application shall be scheduled on the next available agenda.
4. Review of Application
The Tucson-Pima County Historical Commission and the HPZ Advisory Board review demolition applications. Within five
after acceptance of the application, staff transmits one copy of the accepted
to the appropriate HPZ Advisory Board and one copy to the Tucson-Pima County Historical Commission Plans Review Subcommittee for review and recommendation. The HPZ Advisory Board may forward a recommendation to the Tucson-Pima County Historical Commission and the PDSD
within 22
after acceptance of the application. The Tucson-Pima County Historical Commission shall forward a recommendation to the PDSD
and the HPZ Advisory Board within 31
after acceptance of the application.
5. Recommendations
The recommendations of the PDSD
, the Tucson-Pima County Historical Commission, and the appropriate HPZ Advisory Board shall be forwarded to the Mayor and Council for consideration.
6. Mayor and Council Public Hearing
The Mayor and Council consider the application in a public hearing. Mailed notice and published notice shall be provided not less than 15
prior to the public hearing. Notice shall be mailed to property owners within 400 feet of the
,
within one mile of the
, the applicable HPZ Advisory Board, and the Tucson-Pima County Historical Commission.
7. Mayor and Council Decision
The Mayor and Council decide whether to approve an application to demolish a
or historic
. To approve the application, the Mayor and Council shall find that the owner will not have a reasonable economic use of the property if a demolition permit is not approved. An approval is subject to the following:
a. The applicant shall seek approval of replacement plans prior to receiving a demolition permit and all other necessary permits. Replacement plans for this purpose shall include, but shall not be restricted to,
concept, preliminary elevations,
, and dimensional schematic design drawings that are reviewed in accordance with Section 3.3.3, PDSD
Approval Procedure;
b. A demolition permit shall be issued concurrently with the
permit for replacement following submittal by the applicant of proof of financial ability to complete the replacement
;
c. A decision on a demolition application shall result in the administrative closure of the case file by staff. A decision on a demolition application applies to the property; and,
d. Reapplication for demolition permits for a that was previously denied for demolition cannot be submitted to the
for three years from the date of the Mayor and Council decision. A change in property ownership is not considered a basis for reapplication. Substantially new conditions, as determined by the PDSD
in consultation with the HPZ Advisory Board and the Tucson-Pima County Historical Commission, is a basis for earlier reapplication.
8. Provisions for Vacant
and Areas After Demolition
a. When a
, sign,
, or is demolished and the area left vacant, the area shall be maintained in a clean and inoffensive manner.
b. When a is demolished and the area is converted to another use not requiring
, such as a
, the area shall be buffered by
and walls or fences that comply with Section 7.6,
and Screening, and generally conform to the character of the other and located within its . The required as part of the review procedure shall indicate how the and screening will be accomplished.
9. Penalties and Remedies for Unauthorized Demolition; Notice of Entry of Judgment
In addition to the general remedies authorized by Sections 10.4.1 through 10.4.3, any property owner, individual, company, or
, as defined in Tucson Code Section 1-2(16), who causes a ,
, or
located within a HPZ to be demolished, without following procedures as established in this section, are subject to the following:
a. A mandatory fine of:
(1) Not less than $250 nor more than $1,000 per
for demolition of an
that is a
, or not less than $1,500 nor more than $2,500 per
for demolition of a principal or
that is a
; or,
(2) Not less than $2,000 nor more than $2,500 per
for demolition of a
or
.
b. In addition to any fine imposed in accordance with Section 5.8.10.E.9.a, the PDSD
shall, upon finalization of judgment:
(1) Issue a formal complaint with the Arizona State Registrar of Contractors against any contractor or company involved with an unauthorized demolition; and,
(2) Issue a formal notification of the
to the State Historic Preservation Office regarding the unauthorized demolition of any ,
, or
.
c. In addition to any fine imposed in accordance with Section 5.8.10.E.9.a, one of the following shall be imposed as a penalty or remedy:
(1) Reconstruction or restoration of a
or a
to its appearance prior to the
;
(2) Prohibition or restriction of
permits for new construction on the
for not more than seven years, but not less than 30
, for a
or two years for a
or
and prohibition or restriction of permits involving work in the public
for not more than seven years, but not less than 30
, for a
or two years for a
or
; or,
(3) Upon finalization of judgment setting forth a remedy as provided in Sections 5.8.10.E.9.a and .b, the PDSD
or designate shall file the judgment in the office of the Pima County Recorder and Assessor’s Office.
d. The following factors are considered when imposing any penalty or remedy in accordance with Section 5.8.10.E.9.c(1) and (2):
(1) Whether the ,
, or
is one of the last remaining examples of its kind in the neighborhood,
, or region;
(2) Whether there exists sufficient documentation, plans, or other data so as to make reconstruction feasible;
(3) The age of the original ,
, or
and all subsequent additions and modifications;
(4) The physical condition of the ,
, or
immediately prior to its total or partial demolition;
(5) The amount of demolition sustained by the ,
, or
;
(6) Whether or not, had total or partial demolition occurred, the ,
, or
could have been put into a reasonable economic use either prior to or after rehabilitation;
(7) Whether the ,
, or
was eligible for inclusion on the National Register of Historic Places immediately prior to its total or partial demolition;
(8) Whether the ,
, or
is included on the National Register of Historic Places; or,
(9) Whether the responsible
has a legal or equitable interest in the ,
, or
.
(Am. Ord. 11150, 3/18/2014; Am. Ord. 11732, 2/19/2020)
5.8.11. MAINTENANCE
A. Maintenance of historic resources is important for property owners to maintain property values and for the cultural and aesthetic value to the community. Maintaining historic
and preserves the special sense of place that encourages tourism and further investment in historic areas.
B. All historic resources shall be preserved against decay and deterioration and kept in a state of good repair and free from certain structural defects. The purpose of this section is to prevent an owner or other
having legal custody and control over a property from facilitating the demolition of a historic resource by neglecting it or permitting damage to it by weather or vandalism.
C. Consistent with all other
and
codes requiring that
and
be kept in good repair, the owner or other
having legal custody and control over a property shall maintain such
or
in the same or better condition than that indicated in the most recently available inventory for the HPZ in which the property is located. The following defects shall be indicators of a need for repair:
1.
elements are in a condition that they may fall and injure members of the general public or damage other property;
2. Deteriorated or inadequate foundation;
3. Defective or deteriorated flooring;
4. Walls, partitions, or other vertical support members that split, lean, list, or buckle due to defective material or deterioration;
5. Ceilings, roofs, ceiling and roof support members, or other horizontal members that sag, split, or buckle due to defective materials or deterioration;
6. Fireplaces or chimneys that list, bulge, or settle due to defective material or deterioration;
7. Deteriorated, crumbling, or loose exterior plaster;
8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors;
9. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering; or,
10. Any fault, defect, or deterioration in the
that renders the same structurally unsafe or not properly watertight.
D. If the Tucson-Pima County Historical Commission has reason to believe that a property is being neglected and subject to damage from weather or vandalism, the Tucson-Pima County Historical Commission shall so advise
staff. Staff shall meet with the owner or other
having legal custody and control of the property and discuss ways to improve the condition of the property and shall assist those
with an economic hardship in obtaining financial resources to accomplish such
. If there is no subsequent attempt, or insufficient effort is made, to correct any noted conditions after such meeting by the owner or other such
having legal custody and control, the Tucson-Pima County Historical Commission may make a formal request that the
Official take action to require corrections of defects in the subject
or so that it is preserved in accordance with the purposes of this section. The
Official may also require the property owner to remedy any defect or deterioration that constitutes a threat to the public health, safety, and welfare in accordance with the authority vested in him by the adopted building codes and neighborhood preservation ordinances. Deterioration caused by deliberate neglect of maintenance or repairs are not considered valid grounds for the approval of a demolition permit application.
E. Vacant properties shall be maintained in a clean and orderly state.
(Am. Ord. 11127, 11/6/2013; Am. Ord. 11150, 3/18/2014)
5.8.12. PENDING HISTORIC PRESERVATION ZONES
A. Purpose
It is the purpose of this section to preserve
of historic or architectural significance, but it is recognized that all areas of significance cannot be identified, analyzed, and designated at one time. However, it is important to protect properties with potentially qualifying
from inappropriate demolitions until review and hearings can be completed for possible HPZ designation.
B. Applicability
The following process is established for the review of proposed demolitions of
that are located in areas of the
where the Mayor and Council have initiated the process of HPZ formation and imposed interim standards:
1. These procedures apply to any
or located within an area of an application for an HPZ between such time the Mayor and Council either initiate the establishment of an HPZ or enact an ordinance to apply these standards and the time action is taken on the application by the Mayor and Council, but for no more than one year.
2. The provisions of this section apply to all areas of the
under application for HPZ designation on the effective date of this ordinance and to all areas of the
for which applications for HPZ designation are initiated after the effective date of this ordinance.
3. An application for a demolition permit is exempt from these demolition review standards if the
Official makes a written determination, and the PDSD
concurs, that the
currently is an imminent hazard to the public safety, is structurally unsound, and should be demolished.
C. Review and Decision
Procedures for review of, and decisions on, applications for demolition permits shall be the same as those outlined in Section 5.8.10.D,
; Nonhistoric.
D. Temporary Stay of Demolition
In the event a demolition application is denied, no permit for demolition shall be issued unless a subsequent demolition approval has been requested and granted or until adoption of HPZ zoning for the property.
1. If the HPZ has not been placed on the property at the time of expiration of the temporary restraint on demolition, the PDSD
shall grant a demolition approval for the subject property.
2. At the time of HPZ adoption, the temporary restraint of demolition and any stays of demolition in effect shall expire. The PDSD
’s decision on demolition requests, at that time, is regulated by Section 5.8.10, Demolition Review Required. The demolition request shall be finalized in accordance with the procedures of that section.
(Am. Ord. 11150, 3/18/2014)
5.9.1. INTRODUCTION
The Drachman School has existed since 1902 on a
comprising
5 through 12,
120, City of Tucson (Book 2, Maps and
, Page 4). The
is bounded by Seventh Avenue, Eighteenth
, Eighth Avenue (also known as Convent Avenue), and residential
on
3 and 4 on the northern portion of
120. The school use was established prior to current
standards, but the
is no longer used as a school. This overlay
recognizes the benefits to be realized from adaptive reuse of this property and portions of the existing
. Reflection of the historical elements of the school in the redevelopment of the
is also recognized as an important consideration. The purpose of this overlay
is to ensure the viability of
of the Drachman School
with housing for the elderly, as permitted within the existing R-3
, while ensuring that this use does not contribute to the deterioration of the living environment, the downgrading of property values, and the diminishment of the health, safety, and general welfare conditions of the
residential area.
5.9.2. PURPOSE
The purpose of the Drachman School Overlay (DSO)
is to assure redevelopment of the
with a Residential Care Service facility for the elderly and to protect existing neighborhoods from negative impacts caused by the redevelopment of the historic school
and
through establishing use and
standards to maintain a scale that will be
with
residential
.
5.9.3. ESTABLISHMENT
A. The DSO
is a
that provides for the establishment of distinct standards by Mayor and Council. The DSO may have standards different from the zoning standards applicable to other
in the
.
B. Where a provision in the DSO
varies from the
, the provisions in the DSO
shall govern.
5.9.4. APPLICABILITY
The provisions of the DSO
apply to the specifically mapped area bounded by Seventh Avenue, Eighteenth
, Eighth (or Convent) Avenue, and the southern boundaries of
3 and 4,
120, City of Tucson, as provided in the Figure 5.9-A below:
5.9.5. PERMITTED LAND USES
The DSO may be used for a Residential Care Service facility for the elderly, as provided in this section. All other uses permitted in the underlying
are subject to the regulations and standards of the
.
5.9.6. ACCESSORY LAND USES
are permitted in accordance with Section 6.6, .
5.9.7. HEIGHT AND SETBACK STANDARDS
in the DSO shall comply with the following:
A. Height
The maximum
wall
is 21 feet; and,
B.
are measured from the back of the curb within the
public
and must be a minimum of 14 feet from back of curb.
from the northern
shall be a minimum of ten feet.
5.9.8. PARKING
Residential Care Service
for the elderly are required to provide 0.50
per
. Up to 50% of the required parking may be located in the
.
5.9.9. LIGHTING
The following is required of outdoor lighting:
A. Lighting shall be shielded and directed downward;
B. Lighting within 100 feet of a residential zoning or use shall not exceed 15 feet in height; and,
C. All other lighting on
shall not exceed 25 feet in height.
5.9.10. LANDSCAPING
A.
A landscape border is required along the
of the
as follows:
1. The
is the area between the back of the
within the
and the face(s) of the
(s) fronting on the
or the projected alignment of the face(s) of the
(s) but shall not include any vehicular access points.
2. Sixty percent or more of the
shall be covered with shrubs or vegetative ground cover. The required ground coverage shall be achieved within two years of planting.
3. A minimum of one
for every 20 linear feet of
is required along Convent
, Eighteenth Avenue, and Seventh
, excluding vehicular
points.
B.
The
along the north
shall consist of the area between the
and the face(s) of the
(s)
to the
or the projected alignment of the face(s) of the
(s). A minimum of one
for every 30 linear feet of landscape border is required.
C. Screening
1. Screening along the
frontages shall consist of the
faces. Where the
are not continuous, no additional screening is required.
2. A six-foot high wall shall be provided along the northern boundary of the property.
5.9.11. ALL OTHER DEVELOPMENT STANDARDS
shall comply with all other applicable standards of the
, except as provided in the DSO.
5.9.12. DESIGN STANDARDS AND REVIEW
in the DSO shall comply with the design standards of this Section and is subject to
review in accordance with Section 3.3.3.G, PDSD
Approval Procedure of .
5.10.1. PURPOSE
Preserving and enhancing Tucson’s established neighborhoods is critical to conserving the cultural and historic heritage of the
. The purposes of the Neighborhood Preservation
(NPZ) are:
A. To provide a process for the establishment of NPZ districts to preserve, protect and enhance the unique character and historical resources of established
neighborhoods; and,
B. To provide for the creation and establishment of a neighborhood-specific design manual for each NPZ district, containing architectural and design standards and guidelines to ensure that
is
with the
overall, as well as with the character of the applicable
.
5.10.2. ESTABLISHING AN NPZ
A. Establishment or Dissolution of, or Amendment to a Neighborhood Preservation
1. An NPZ is initiated by the Mayor and Council at their sole discretion.
2. An NPZ is established, amended, or dissolved by the Mayor and Council by ordinance in accordance with Section 3.5, Rezoning (Change of Zoning) Procedure.
B. Eligibility and Applicability
1. The NPZ is an overlay
superimposed over the
standards of the underlying zoning. The
permitted within the NPZ district are those permitted by the underlying zoning;
2. Neighborhoods listed on the National Register of Historic Districts, include a National Register Historic District, or are eligible to be listed on the National Register of Historic Districts and have completed a National Historic District Nomination or Eligibility Assessment application are eligible for the NPZ; and,
3. An NPZ applies to residential
only.
C. Design Manual
1. The Design Manual is created upon initiation of the NPZ district and shall, at a minimum contain the following:
a. NPZ District
(1) Identification of
within the NPZ District;
(2) Identification of the defining characteristics of the NPZ district. Such identification may include excerpts or references to those portions of the National Register nomination or eligibility document that summarize the defining characteristics of the
; and,
(3) Illustrations and narratives describing (1) and (2) above.
b. NPZ District Map
The Design Manual shall include a map of the boundaries of the NPZ district showing the
and the boundaries of the National Register District or area eligible for a National Register District.
c.
Review Standards
The
Review Standards determine a proposed
’s
with the
in the
. The basis for the
Review Standards is the defining characteristics of the National Register Historic District as identified in the
’s nomination or eligibility document. A description and examples of each of the following elements shall be provided in the Design Manual:
(1) Scale and
, such as height, bulk and massing, and number of stories;
(2) Architectural style and detail, such as roof types, projections and recessions (e.g., porches, awnings, overhangs, steps, and entrances), window sizes and spacing, materials, and surface texture and colors;
(3) Spatial relationships and
, such as spacing between
, front and rear side
,
, attachments (e.g.,
and
), and outbuildings; and,
(4)
.
shall only be reviewed for
when a
proposes a comprehensive change to the streetscape such as the construction of a new residential unit.
d. Privacy
Measures
The Design Manual shall recommend specific privacy
measures to be considered in a NPZ Design Review in accordance with Section 5.10.3.A.2. Examples of privacy
include vegetative or other screening or siting elements, walls, siting of
or windows, and eliminating balconies or similar features to reduce views towards the existing dwellings.
e. Other Standards
Dimensional, spatial, and access standards, if adopted by Mayor and Council as mandatory in accordance with Section 5.10.2.C.2, shall be included in the Design Manual.
2. Dimensional, Spatial, and Access Standards
The Design Manual may contain dimensional, spatial, or access standards, subject to the following:
a. The dimensional, spatial, and access standards may differ from the standards in Article 6 and Article 7 of the
. Such standards may be more or less restrictive than those of the underlying
provided they comply with the following:
(1) Do not create a
or intrude on the privacy of
or surrounding properties;
(2) Create a more historically
setting, accommodate energy efficiency or, ensure enhanced resource conservation greater than current standards; and,
(3) In the case of
access standards, specify
measures to ensure safe access.
b. The Mayor and Council may adopt dimensional, spatial, and access standards as mandatory requirements upon a finding by the
of PDSD that the proposed standard complies with this section.
c. Dimensional, spatial, and access standards not adopted as mandatory requirements shall be advisory for purposes of a
review.
D. Districts Established
1. NPZ districts are established upon adoption of a rezoning ordinance for a neighborhood. The Design Manual created in accordance with Section 5.10.2.C is a condition of the NPZ district.
2. Adopted NPZ districts shall use the following format: “NPZ-1" - NAME OF DISTRICT - Adopted on XXX, by Ordinance No. XXX.
E.
To identify each of the NPZ districts on the City of Tucson
, the preface “N” is added to the assigned residential zoning designation, i.e., R-1 becomes NR-1.
5.10.3. NEIGHBORHOOD PRESERVATION ZONE (NPZ) DESIGN REVIEW PROCEDURE
The purpose of the NPZ Design Review Procedure is to ensure compliance with the requirements of this ordinance and the applicable NPZ.
A. Applicability
1. An NPZ Design Review is required of all
that:
a. Is zoned NRX-1, NRX-2, NR-1, NR-2, NR-3, NRH, NSR, and NSH;
b. Requires a
permit; and,
c. Is visible from a
that is not classified as an
, unless the PDSD
makes a finding that a proposed
’s visibility from the
is so minimal as to be immaterial for purposes of the application of this section.
2. Compliance with the privacy
standards of the applicable design manual is required when the following types of
are proposed
to existing single story residences:
a. Construction of a multistory residence;
b. Addition of a story to an existing residence; or,
c. Additions to existing second or higher stories.
3. An NPZ Design Review is not required of the following:
a. Interior renovations or construction within the interior of a
;
b.
maintenance, repairs, or painting or minor
, such as window or door
or replacements, or minor additions to an existing residence that do not affect the external appearance of the as seen from the
; or,
c. Exterior
that is not visible from the
, except the Privacy
Measures, Section 5.10.3.A.2, apply to any proposed
that exceeds the height of residential
on
properties.
4. Where there is a conflict between the standards of the applicable Historic Preservation
(HPZ) and the standards of the NPZ, the standards of the HPZ prevail.
B. Pre-Application Conference
A pre-application conference between the applicant, the PDSD, and the
is required when
are required to be reviewed in accordance with the NPZ Design Review Procedure. The purpose of the pre-application conference is to review the
and identify all applicable requirements, including the
Review Standards, and whether privacy
is required.
C. Application
Submittal of an application to the PDSD is required in order to process the request. Applications are reviewed for completeness. If an application is rejected, the applicant may resubmit the application.
D. Review
Accepted applications are forwarded to PDSD staff and the
. The PDSD staff reviews the application for compliance with applicable
requirements. The
reviews the application to determine compliance with the neighborhood specific design manual.
1.
within a
’s
as determined by Section 11.4.5 (Definitions - D) shall be used when identifying the
Review Standards.
2. If the
for the proposed
does not contain
, the
shall be expanded in every direction until the
includes at least one
.
3. The
shall consider the relative impact and intensity of the proposed
when reviewing the application and in rendering his or her findings and recommendations.
4. Approval of proposed
may be subject to special conditions to provide for compliance with the
Review Standards.
E. Findings and Recommendation
The
shall submit a written report that includes the
Review with findings and a recommendation to the PDSD
.
F. PDSD
Decision
The PDSD
shall review the application and render a decision finding compliance or noncompliance with the NPZ and the neighborhood specific design manual within five
of receiving the
’s report.
G. Notice of Decision
Notice of the decision shall be mailed to the applicant, property owners within 100 feet of the subject
, and to the
that includes the subject
within three
of the date of the decision.
H. Appeal to the Design Review Board (DRB)
A
may appeal the PDSD
’s decision on NPZ Design Review applications. Appeals are considered by the Design Review Board in accordance with Section 3.9.1, Design Review Board (DRB) Appeal Procedure. A notice of intent to appeal must be received y the PDSD within 14 of the effective date of the ’s decision. The complete appeals material must be filed within 30 of the effective date of the decision. An appeal under this section shall be based upon an error in the ’s decision finding compliance or noncompliance with the neighborhood specific design manual and review standards.
I. Appeal to the Board of Adjustment (B/A)
A
may submit an appeal of the DRB’s decision to the B/A in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeals Procedure. A notice of intent to appeal must be received by PDSD within 14 of the effective date of the DRB’s decision. The complete appeals material must be filed within 30 of the effective date of the decision.
(Am. Ord. 11732, 2/19/2020)
5.11.1. PURPOSE
A. The primary purpose of the Community Corridors Tool (CCT) is to be a catalyst for infill
along Tucson's corridors in a way that allows them to evolve from auto-centric to pedestrian-friendly places. This tool strives to maintain Tucson's livability and sense of place while providing opportunity for new
innovations, housing units, and residents. The tool strives to open up the possibility for a range of housing options, commercial businesses, and
centers. This will be accomplished in the following ways:
1. Removing barriers to
attainable housing;
2. Promoting transit-oriented infill
that supports climate action goals;
3. Updating zoning to make it easier to permit the full spectrum of housing types; and
4. Simplifying reuse of underutilized
and vacant
.
B. The following design principles should be considered by staff, applicants, and other parties in decision-making on proposed
. These principles are intended to help frame the intent of specific regulations and provide a broader understanding when flexibility is requested.
1. Design
and
to respond to the context, such as the existing
network,
orientation, or
and topography, of the corridor and surrounding area.
2. Honor and integrate historic places,
, and
in proposed designs when appropriate.
3. Orient
entrances to
,
, or common
, not only
.
4. Articulate
at appropriate façade intervals to avoid monotony and provide interest and depth, especially at the pedestrian scale, to enhance the urban experience.
5. Provide shaded and active ground floors with frequent doors and windows facing onto
and
.
6. Provide opportunities for active ground floor retail, commercial, institutional, service, and community spaces with special attention to either continuity in
or clustering of activity.
7. Provide transitions to neighborhoods by locating larger, taller
to the corridor and smaller scaled
to existing neighborhoods.
8. Minimize the impact of
, access driveways,
and
on the pedestrian environment.
9. Include green
, such as water harvesting, shade,
, and
, as essential components of a successful
.
10. Create and maintain
connections with a cohesive network of human-scaled blocks served by a hierarchy of
types.
C. The CCT is intended to provide the following areas of flexibility on eligible
in exchange for higher quality design that furthers the purpose and design principles as described above. Below is a summary of the benefits of utilizing the tool:
1. Additional neighborhood-serving uses permitted in office and commercial
.
2. Additional housing types permitted on eligible
with residential zoning.
3. Simplified dimensional
with decreased
and increased height.
4. Reductions in minimum
(when required) and removal of
limits for housing
.
5. Reductions in required parking while also requiring new
to be better designed.
6. Exceptions to some
and commercial rainwater harvesting
.
7. Creativity when providing streetscape
and
borders.
8. Height bonuses for providing affordable housing, mixed uses, and maintaining historic properties.
9. Allowances to deal with split zoned properties or
.
10. Administrative modifications to allow for integration of best design practices and to work with existing conditions.
(Ord. 12152, 3/18/2025)
5.11.2. APPLICABILITY AND ZONING CLARIFICATIONS
A. The Community Corridors Tool (CCT) provides modified
and permitted land uses that vary from the underlying zoning of a property. The existing zoning on the
does not change. These modified
and uses are available as an option for proposed
. If a proposed
chooses to use the CCT, they are subject to all applicable requirements of Section 5.11. If Section 5.11 is silent on a use or
standard, the typical
of the Unified Development Code shall apply.
B. When opted into, the CCT applies to the following on the subject property:
1. A change of use;
2. An expansion of an existing use or existing
or existing site; or
3. New
or a redevelopment
.
C. The CCT may be applied to properties with R-1, R-2, R-3, O-1, O-2, O-3, C-1, C-2, C-3, OCR-1, and OCR-2 zoning which are part of a contiguous
where any portion of which abuts or is
to a Corridor. A Corridor is considered a
designated on the City's Major
and Routes Plan, as currently adopted. Exceptions are as follows:
1. By exception, R-1 and R-2 zoned properties are only eligible for the CCT if:
a. They were part of a
which included the CCT eligible nonresidential
as of March 18, 2025, and such documentation is provided by the applicant;
b. They are part of a R-1 or R-2
which fronts directly on a Corridor and
also fronting onto a Corridor are CCT-eligible
;
c. They are part of a R-1 or R-2
which fronts directly on a Corridor and the
is undeveloped as of March 18, 2025; or
d. They are part of a R-1 or R-2
which includes a
per Section 9.2 as of March 18, 2025.
Figure 5.11.2.-A: Applicability of R-1 and R-2 Properties in the CCT
[image]
2. With authorization of the Zoning Administrator in accordance with Section 5.11.9.C, a CCT-ineligible property may be included in a proposed CCT
. Authorization will be based upon the existing vacancy or use of the property, impacts to
properties, and the proposed development's compliance with the CCT purpose and design principles. Additionally, the property must:
a. Be zoned MH-1, MH-2, P, P-I, or I-1; and
b. Be part of an existing split zoned CCT-eligible
; or
c. Have
on a Corridor and
also fronting onto a Corridor are CCT-eligible.
3. Properties which do not meet the preceding criteria but are
to a CCT-eligible property or within the same
, may request to opt into the CCT, except for R-1 or less intense zoned properties. Requests are processed in accordance with Section 3.4.3., Zoning Examiner Special Exception Land Use Procedure. These applications are analyzed for 1) compliance with the CCT purpose and design principles; and 2) compatibility with
land uses.
D. A
which is divided by a zoning boundary into two or more separate zoning categories, may utilize the following exceptions:
1. A use which is permitted in the majority of the nonresidential zoned area of a
may be permitted across the entirety of the nonresidential zoned area of the
.
2. A dimensional standard which is permitted in the majority of the nonresidential zoned area of a
may be permitted across 50% of the nonresidential zoned area of the
with a less intense dimensional standard, with the exception of
and
.
3. All land uses in the Residential
group which are permitted in the CCT-eligible
are permitted on all CCT-eligible
, except for Multifamily Development which is not permitted in the R-1
.
4. Portions of a CCT
which are zoned R-1 or R-2 may be used for required
elements which may not typically be permitted in the
, such as parking,
, stormwater retention, public spaces, etc.
which include uses not permitted in the R-1 and R-2
are not permitted.
5. In the case where a CCT-ineligible property is included in a proposed CCT
per Section 5.11.2.C.2 or .3, the dimensional
and permitted uses shall be based on the most appropriate corollary
. The corollary
shall be considered as: MH-1 shall be equal to R-1, MH-2 shall be equal to R-2, P and P-I shall be equal to C-1, and I-1 shall be equal to C-3.
E.
that meet the criteria in Section 5.11.2.C may be combined into a single
as part of a proposed
.
F. The following
are ineligible to use the CCT:
1. Planned Area Development;
2. Historic Preservation
;
3. City of Tucson
;
4. Urban Overlay
;
5. Neighborhood Preservation
; or
6. Downtown Area Infill Incentive
.
G. The CCT may be used for a
which includes an individually listed or
in the National or Arizona Register of Historic Places, however complete demolition of the
or property is not permitted. Any modification including
, addition, or partial demolition is permitted if the City Historic Preservation Officer determines the proposal will not cause de-listing. In no event may the CCT be used if
would, in the opinion of the City Historic Preservation Officer, cause an individually listed or
to be de-listed.
H. If the proposed
is also subject to the Hillside Development
(HDZ), Scenic Corridor
(SCZ), the Gateway Corridor Route (GCZ), the Airport Environs
(AEZ), or the Environmental Resource
(ERZ) the more restrictive
shall apply.
(Ord. 12152, 3/18/2025)
5.11.3. REVIEW AND APPROVAL PROCEDURE
A. The Planning and Development Services Department (PDSD) administers CCT plan and permit review and approval procedures. Review by the PDSD is pursuant to Section 3.3.3.G.,
Approvals. The PDSD
may request review by the Design Professional for select design
, based on the
scope, and related
fees will be assessed.
B. Pre-Application Conference. A pre-application conference with
staff as outlined in Section 3.2.1 is required. Multiple pre-application meetings may be scheduled, as requested by either the PDSD or applicant, to confirm the approvability of preliminary designs. A pre-application conference is used to determine the following:
1. Whether the proposed
meets applicability
;
2. Whether the proposed
meets use and
, including
form
as applied to preliminary concepts for new
construction;
3. Whether the proposed parking statement is in compliance with Section 5.11.6.G.;
4. Whether clarification can be provided on any requirements of the CCT or other requirements of the Unified Development Code; and
5. To clarify submittal and process requirements for
which require a Master Plan in accordance with Section 5.11.8.
C. Prior to formal submittal of a CCT
, the applicant shall send notice of the application to neighborhood associations within one mile, property owners within 400 feet, and the applicable Ward office. This notice must be sent following the required pre-application meeting and not less than ten days nor more than 60 days prior to the submission of the application. Format of the required notice shall be provided by PDSD to the applicant upon request.
(Ord. 12152, 3/18/2025)
5.11.4. PERMITTED USES
A. PERMITTED USES
All land uses permitted by the underlying zoning are permitted in the CCT, except as listed in Section 5.11.4.B Excluded Uses. Any use permitted by underlying zoning which is regulated by a use specific standard which is found to conflict with the purpose or intent of the CCT may be waived by request to the Zoning Administrator in accordance with Section 5.11.9.C. The following additional uses are permitted and regulated by the use specific
listed after the
. Only those uses which are a change to the underlying zoning are listed below.
1. Commercial Services Land Use Group.
a. Administrative and Professional Office.
(1) R-3: 4.9.4.R and 4.9.13.J.
b. Alcoholic Beverage Service: Excluding a Large Bar.
(1) O-2, O-3, C-1: 4.9.13.O.2.
c. Alcoholic Beverage Service: with a Microbrewery as an
.
(1) O-2, O-3, C-1: 4.9.5.E.6, 7, & 8.
d. Artisan Residence.
(1) R-3, O-1, O-2, O-3: 4.9.4.E.1, .2, .3, .4, & .5 and 4.9.13.O.2.
e. Commercial Recreation.
(1) O-1, O-2, O-3: 4.9.13.O.2.
f. Day Care: Adult.
(1) O-1: 4.9.13.J.
g. Day Care: Child, Maximum 30 children.
(1) O-1: 4.9.4.H.1-5, 6.a & 7.d and 4.9.13.J.
h. Food Service: Food Court.
(1) O-1, O-2, O-3: 4.9.4.M.1 & 5-7.
i. Food Service: Excluding Soup Kitchens.
(1) O-1, O-2, O-3: 4.9.4.M.1 & 5.
j. Food Service: with Alcoholic Beverage Service as an
to a Food Service use.
(1) O-1, O-2, O-3: 4.9.4.V.1, 3, & 5-9, 4.9.4.C.3, and 4.9.13.O.2.
k. Personal Service.
(1) O-1, O-2, O-3: 4.9.4.T.1 and 4.9.13.O.2.
l. Parking: as an
.
(1) O-1, O-2, O-3.
m. Technical Service.
(1) O-1, O-2, O-3: 4.9.4.W.1 and 4.9.13.O.2.
n. Travelers' Accommodation, Lodging.
(1) O-1, O-2, O-3: 4.9.13.O.2.
2. Residential Land Use Group.
a. Duplex.
(1) R-1: 4.9.7.B.6, .9, & .10.
b. Home Occupation: Travelers' Accommodation, Lodging as an
to any permitted
Dwelling use.
(1) R-1: 4.9.7.E.10, .11, & .13 and 4.9.7.H.2 & .5, .7 & .8.
(2) R-2: 4.9.7.E.10, .11, & .13 and 4.9.7.H.3 & .5, .7 & .8.
c. Single-
, Attached.
(1) R-1: 4.9.7.B.6, .9, & .10.
d. Single-
, Detached.
(1) R-1: 4.9.7.B.5 - 9.
3. Retail Land Use Group.
a. Food and Beverage Sales: excluding Large Retail Establishment.
(1) O-1, O-2, O-3: 4.9.13.O.2.
b. General Merchandise Sales: excluding Large Retail Establishment.
(1) O-1, O-2, O-3: 4.9.9.B.1 and 4.9.13.O.2.
B. EXCLUDED USES
The land uses excluded from the CCT are those that are not permitted by the underlying
, as well as those that are listed below.
1. Automotive Service and Repair, Automotive Washing, Billboard, Construction Service, Heavy Equipment Sales, Gas Stations, Smoke Shop, all Storage uses, Trade Service and Repair Major, Vehicle Rental and Sales, all drive-through lanes for any permitted use.
2. In cases where
is proposed to an existing
, uses which are permitted by the underlying zoning but which are excluded from the CCT may remain if the excluded use is not expanded.
(Ord. 12152, 3/18/2025)
5.11.5. DIMENSIONAL STANDARDS
A. APPLICABILITY
The Tables contained herein indicate all the dimensional
and measurements within the CCT. UDC Section 6.3. shall not apply. In all cases:
1. Both the maximum
and the number of stories shall not be exceeded;
2. If two dimensions apply to the same situation, the more restrictive dimension shall be enforced;
3. There is no limit on maximum residential
;
4.
shall be based on the location of the existing
, unless a variation is either required or authorized by the City Engineer based on a future
width; and
5.
shall be regulated along
private
along the CCT
boundary and not within the CCT
.
B. DIMENSIONAL
FOR
contribute to smaller-scale environments.
range in height from one to two stories.
are generally detached or attached and may have deep or shallow
from the
,
, and
. They are similar in form to a single-
house, but also include multi-
such as duplexes, bungalow courts, courtyard
, townhouses, and
main
.
R-1* | R-2* | O-1 | |
MIN.
AREA | 2,000 sq ft | 1,500 sq ft | 1,500 sq ft |
MAX. | 90% | 90% | 90% |
MAX. # OF STORIES | 2 | 3 | 3 |
MAX | 25 feet | 36 feet | 36 feet |
Side | 0 feet | 0 feet | 0 feet |
Rear (with
or shared driveway parking) | 0 feet | 0 feet | 0 feet |
Rear (without
or shared driveway) | 10 feet | 10 feet | 10 feet |
to O-1 or R-2 or more restrictive zoned | 6 feet | 6 feet | 6 feet |
Min: 6 feet** Max: 30 feet | Min: 6 feet** Max: 30 feet | Min: 10 feet** Max: 30 feet | |
Percentage of
at | N/A | N/A | 50% |
*R-1 & R-2
may only be utilized according to the requirements in 5.11.2 | |||
**When facing existing single-
homes, the minimum
shall be 15 feet | |||
C. DIMENSIONAL
FOR LARGE HOUSE-SCALED AND SMALL
Large house-scaled and small
serve as a transition from larger
into smaller-scale residential neighborhoods. They are a mix of
and house scale
that range in height from one to four stories.
along walkable corridors are mostly attached
that have minimal
.
along neighborhood
are detached and
from the
and
.
R-3 | O-2 & C-1 | |
MIN.
AREA | N/A | N/A |
MAX. | 95% | N/A |
MAX. # OF STORIES | 4 | 4 |
MAX | 50 | 50 |
Side | 0 feet | 0 feet |
Rear (without
) | 15 feet | 15 feet |
Rear (with
) | 6 feet | 6 feet |
to O-1 or R-2 or more restrictive zoned | 10 feet | 10 feet |
Min: 0 feet Max: 30 feet | Min: 0 feet Max: 30 feet | |
Percentage of
at | 50% | 60% |
D. DIMENSIONAL
FOR MID-RISE
Mid-rise
-scale
contribute to larger-scale environments.
are individually as large as a city
or attached along a
to form a continuous façade along most, or all, of a
. They typically have minimal
and are often
with non-residential uses on the ground floor and housing or office on upper stories. Mid-rise
-scale
range in height from four to seven stories. Examples include multiplexes, mid-rise
, and stacked flats.
C-2 & O-3 | C-3 | |
MIN.
AREA | N/A | N/A |
MAX. | N/A | N/A |
MAX. # OF STORIES | 5 | 7 |
MAX | 60 feet | 85 feet |
Side | 0 feet | 0 feet |
Rear (with or without
) | 0 feet | 0 feet |
to O-1 or R-2 or more restrictive zoned | 10 feet | 10 feet |
to R-3, O-2 or C-1 zoned | 6 feet | 6 feet |
Min: 0 feet Max: 30 feet | Min: 0 feet Max: 30 feet | |
Percentage of
at | 60% | 60% |
E. DIMENSIONAL
FOR HIGH-RISE
High-rise
-scale
contribute to larger-scale environments.
are individually as large as a city
or attached along a
to form a continuous façade along most, or all, of a
. They typically have minimal
and are often
with non-residential uses on the ground floor and housing or office on upper stories. They may have integrated
. High-rise
-scale
may be ten stories or more in
Examples include high-rise
and large towers.
OCR-1 | OCR-2 | |
MIN.
AREA | N/A | N/A |
MAX. | N/A | N/A |
MAX. # OF STORIES | 13 | 29 |
MAX | 140 feet | 300 feet |
Side | 0 feet | 0 feet |
Rear (with or without
) | 0 feet | 0 feet |
to O-1 or R-2 or more restrictive zoned | 25 feet | 25 feet |
to R-3, O-2 or C-1 zoned | 10 feet | 10 feet |
Min: 0 feet Max: 30 feet | Min: 0 feet Max: 30 feet | |
Percentage of
at | 80% | 80% |
(Ord. 12152, 3/18/2025)
5.11.6. DEVELOPMENT STANDARDS
A. The
found in this section shall apply to the
types based upon the magnitude of the
as shown in Table 5.11.6.-1. Additionally, the
shall apply as follows:
1. In the case of expansions to existing
, Section 5.11.6.B
Form shall apply only to the new portion of the
.
2. All plant material used for
must be selected from the Arizona Department of Water Resource's Low Water Use/Drought Tolerant Plant List.
3. Alternative pervious paving materials are permitted to be used for any hardscape area (parking,
,
, public places) and may be used to satisfy retention/detention and commercial rainwater requirements.
Development
Type | TYPE 1: Change of Use | TYPE 2:
or
expansion (<2,500 sf GFA) | TYPE 3:
or
expansion (>2,500 sf GFA) | TYPE 4:
or redevelopment |
Development
Type | TYPE 1: Change of Use | TYPE 2:
or
expansion (<2,500 sf GFA) | TYPE 3:
or
expansion (>2,500 sf GFA) | TYPE 4:
or redevelopment |
Form | - | - | - | - |
• Façade | X | X | X | |
• Ground Floors | X | X | X | |
•
Exceptions | X | X | X | |
Placement and Scale | - | - | - | - |
• Step Backs | X | X | X | |
•
Orientation | X | X | X | |
Connectivity | - | - | - | - |
• Integrated
Network | X | X | ||
• Pedestrian Connections | X | X | X | |
Pedestrian Amenities | - | - | - | - |
• Shading | X | X | ||
• Streetscape Features | X | X | X | |
• Public Places | X | X | X | X |
Services and | X | X | X | X |
Passenger Vehicles | - | - | - | - |
• Parking Requirements | X | X | X | X |
• Vehicle Placement | X | X | X | X |
B.
FORM
1. Façade
.
a. Each ground floor commercial
façade shall provide a minimum of 60% doors and windows, with each suite providing a primary entrance from the
.
b. Each ground floor residential façade shall provide a minimum of 25% doors and windows, with each unit providing a primary entrance from a shared entry or a direct entry from the
.
c. Primary entrances shall be visible or identifiable from the
. Secondary entrances may be provided from
areas.
d. A single plane of a façade at the
level may not be longer than 50 feet without architectural relief by features such as but not limited to windows, trellises, arcades, public art, or doors.
e.
shall not exceed 160 feet in façade length along
, public spaces, pedestrian only
, or private
that have permanent public access easements, in the R-1, R-2, and O-1
. In all other
,
shall not exceed 500 feet in façade length or 1,800 feet in total perimeter length.
f. Privacy
is required when
over two stories are proposed within 50 feet of
single-story residences which are zoned R-2 or more restrictive. Balconies, windows (except for clerestory and translucent windows), or any other features that overlook the rear and side yards of
residences are discouraged. Privacy
measures, such as the incorporation of vegetation, screening elements, walls,
placement and orientation, balcony and window placement and orientation, or other design strategies shall be incorporated.
g. All façade
shall be reviewed and considered for final approval as part of the
permit review. Preliminary review and feedback may be obtained during the pre-application and
(
package) review.
shall be met, regardless of prior
approvals for a
,
,
package or other permits related to the
.
Figure 5.11.6-A: Commercial
Form
Figure 5.11.6-B: Residential
Form
2. Ground Floors.
a. The minimum residential ground floor height measured from floor to floor shall be ten feet.
b. If a residential façade is less than five feet from a
, then it shall be elevated one to five feet above finish floor of the
to provide privacy for the individual residential unit.
c. The minimum nonresidential ground floor height measured from floor to floor shall be 12 feet.
d.
facing ground floors should have active uses.
with residential ground floors are encouraged to have gyms, leasing offices and other tenant common space on the ground floor facing the
.
3.
Exceptions.
a. Porches, patios, and terraces without any vertical structural elements may be established all the way to the
.
b. Porches, patios, terraces, balconies, and porte-cocheres with vertical structural elements may project into required
area up to ten feet, provided the
area is not reduced to less than is required per the adopted
code.
c. Bay and bow windows may project into the
up to three feet, provided the
area is not reduced to less than is required per the adopted
code.
C.
PLACEMENT AND SCALE
1. Step Backs.
a.
Step backs shall be required along any CCT
boundaries which are
to an O-1 or R-2 or less restrictive zoned private
or public
as follows:
(1) Within 30 feet of the shared
, the
shall be no taller than two stories (25 feet).
(2) Within 50 feet of the shared
, the
shall be no taller than four stories (50 feet).
(3) Within 80 feet of the shared
, the
shall be no taller than six stories (75 feet).
(4) Any boundary along an
may include the width of the
in the total step back required distance.
Figure 5.11.6.-B: Step Backs Between O-1 or R-2 or Less Restrictive
Property
2.
Orientation.
a. Maximum
. Non-residential and multi-
which do not meet the minimum
shall provide any of the following in the area between the minimum and maximum
area:
(1) Required streetscape features per Section 5.11.6.E.2.;
(2) Required public places per Section 5.11.6.E.3.;
(3) Enhanced
(beyond the standard requirements) which includes 75% coverage with vegetative ground cover, or
(4)
in conjunction with other amenities which contribute to the purpose of the CCT as determined by the Zoning Administrator.
b.
Corners. When two or more public or private
intersect as part of a
, the
shall be located at the
corners and meet the minimum
as required for the two
.
c.
with Amenities. On
with multiple
types, medium traffic volume
are generally best suited for a range of uses such as retail, commercial, multifamily residential, and community spaces. Ground floor spaces are particularly suitable for pedestrian-focused amenities.
fronting on public spaces or designated trails shall provide pedestrian amenities, active ground floor uses, or outdoor dining options.
d.
Relationship. Any
with Corridor
shall maintain a relationship with the Corridor
by either orienting the primary entrances to the Corridor, providing public places along the Corridor, or designing for
along the Corridor.
D. CONNECTIVITY
1. Integrated
Network.
a. Existing public
or an element identified in Section 5.11.D.1.b. shall be extended through the
, from the
neighborhoods, and into and through the proposed
.
b. Public spaces, pedestrian only
, or private
that have permanent public access easements may be utilized in lieu of a public
to connect neighborhoods and
.
c. Existing or planned greenways, shared use paths, or other dedicated facilities which are separated from vehicle traffic shall be connected and extended through the
.
d. To the extent feasible, public alleys shall be extended through the
to provide access to parking, loading, and
.
e. Blocks shall be interspersed with
, Private or Public
, Alleys or Private Driveways. In the R-1, R-2, and O-1
,
length shall not exceed 400 feet from
to
. In all other
,
length shall not exceed 500 feet from
to
.
2. Pedestrian Connections.
a. Pedestrian connections shall be provided from any rear
either through or
to a
, to at least one publicly accessible
. Connections shall be provided with one per every 200 feet of
.
b. At least one connection shall be provided within 200 feet of a corner.
c. Connections shall be designed with a clear height of at least ten feet and a clear width of at least eight feet or 25% of the length, whichever is greater, and shall be surfaced with ADA compliant materials.
d. Connections shall be designed to ensure visibility and safety for pedestrians by maintaining sightlines between destinations and including uniform lighting.
E. PEDESTRIAN AMENITIES
1. Shading.
a. Shade shall be provided for at least 50% of all
and pedestrian access paths and 35% of all public or private
as measured at 2:00 pm on June 21 when the sun is 82 degrees above the horizon.
b. Shade may be provided by trees, arcades, canopies, shade
or
.
c. Shading devices, attached or detached to a
, may encroach into the
area by ten feet, provided the
area is not less than required per the adopted
code.
d. The use of plantings and shade
in the
is permitted to meet this standard with the approval of the Department of Transportation and Mobility and will be evaluated for compliance with required utility
.
2. Streetscape Features.
a. When Type 2-4
are proposed with more than 75 feet of corridor
,
and
areas shall be provided on all existing and new public and private
. The minimum width of
and
areas is provided below based upon
type. Information on the
types may be found in the Department of Transportation and Mobility Street Design Guide.
(1) Urban or Suburban Thoroughfare: eight feet
, ten feet
border.
(2) Urban or Suburban Connector: eight feet
, eight feet
border.
(3) Industrial
: six feet
, eight feet
border.
(4) Downtown/University
: ten feet
, ten feet
border.
(5) Neighborhood Commercial
: ten feet
, ten feet
border.
(6) Neighborhood
: six feet
, ten feet
border.
(7) Shared
: maintain existing
, ten feet
border.
b.
and
areas are required for the length of the corridor
of the
.
must be designed to connect to existing
at the termination of the
boundaries.
c.
and
areas which are provided beyond a
along an existing
may substitute for shading requirements per Section 5.11.6.E.1. and public space requirements per Section 5.11.6.E.3. Once 100 linear feet of streetscape
are provided beyond the site's
, shading requirements are considered fully substituted. For each 50 linear feet of streetscape
which are provided beyond the site's
, 500 square feet of public space may be substituted. An agreement granting permission to construct and assuming future maintenance responsibility shall be recorded with any affected property owners along the
area.
d. Along the existing
corridors, there are a variety of conditions and creative solutions will be necessary. In many cases, existing
or
areas may already exist. In some cases, combining (widening) existing and required areas will be feasible and desired, in other cases it will be more appropriate to duplicate required areas on private property. Preference will be given to designs which prioritize a safe and enjoyable experience for pedestrians with
serving as a buffer from automobile traffic. Final placement of required
and
areas will be determined in consultation with PDSD and DTM staff.
Figure 5.11.6.-C: Example
and
Design Alternatives
e. Required
and
may be located entirely within the
area or within the Major
and Routes
area with approval of the City Engineer or designee. Maintenance shall be the responsibility of the
property owner.
f.
provided on private property shall be connected to any
, bike
, or on-
parking located in the public
.
g. Outdoor seating, dining areas, and
may be located in the
where minimum accessible width around the design feature can be provided per U.S. Access Board Public Right-of-Way Accessibility Guidelines.
h.
as required per section 7.6.4 shall be modified per the CCT to require one canopy tree for every 25 linear feet of
border or fraction thereof, excluding vehicular
or
points. Trees shall be planted in an unpaved depressed planting area, which must be a minimum of 100 square feet in area and eight feet in width.
i.
provided as part of a CCT
shall serve to meet the requirements of Section 7.6.4.
3. Public Spaces.
a. Public spaces shall be provided for all
. The minimum amount of public space is based on
type and size.
(1) Type 1
: 500 square feet or 5% of total
, whichever is greater.
(2) Type 2
, less than one acre: 1,000 square feet or 5% of total
, whichever is greater.
(3) Type 2
, more than one acre: 5% of total
.
(4) Type 3
, less than one acre: 1,000 square feet or 5% of total
, whichever is greater.
(5) Type 3
, more than one acre: 10% of total
.
(6) Type 4
: 10% of total
.
b. Public spaces are intended for community gathering focal points and may be provided as plazas, courtyards, enhanced walkways, pocket parks, or other areas. Public spaces may be in different areas of the
, but each space must be a minimum of 300 square feet of usable space with a minimum width of 15 feet. Public spaces shall not be leftover areas of the
and may not include parking, loading, or maintenance areas.
c. Public spaces shall be designed with the following:
(1) Features which provide for active observation on the majority of the public spaces' sides. This shall include ground floor
entrances and windows. When a commercial or retail space is proposed, outdoor dining, vendors, or outdoor retail displays would also be appropriate.
(2) Connections to the space from the
and to nearby areas; and
(3) Lighting which is uniform and provides for safety.
d. Plazas or parks shall incorporate at least three of the following features to activate the area:
(1) Seating that is a minimum 16 inches in height and 30 inches wide. Ledge benches shall be a minimum 30 inches deep.
(2) 50% shade.
(3) Water features.
(4) Public art.
(5) Outdoor eating areas or food vendors.
(6) Playgrounds or play features.
(7) Splash pads.
(8) Recreational equipment.
(9) Bike amenities.
e. Public spaces may be private or semi-private. For residential
, half of the required public space may be provided within private or resident-only areas located on the ground floor or
level. For nonresidential
, patron-only spaces such as restaurant seating may also serve as required public space.
f. Commercial rainwater harvesting is required for
meeting the criteria of Technical Standards Manual 4-01. as follows:
(1) Type 1
: not required.
(2) Type 2 and 3
: only required for new
areas. New
areas must be depressed six to nine inches to maximize water harvesting. If hardscape is removed or reconfigured it must be redesigned to create positive drainage towards
areas and any
that feed water harvest infiltration areas. Other
of TSM 4-01. shall not apply. Modifications to this standard may be granted by the Landscape Architect when negative drainage impacts are created related to existing conditions.
(3) Type 4
: Full compliance with TSM 4-01. is required.
g. Interior
borders required per Section 7.6.4. may be satisfied by providing public spaces in accordance with this section, except for
borders required
to residential
on the
boundary.
F. SERVICES AND
1. Mechanical equipment, trash enclosures, and loading areas shall be located outside of the required
area and may not be located within 20 feet of any off-
residentially zoned property or within 30 feet of any on-
public space.
2. Passengers drop off or loading areas may be located between a
and the
.
G. PASSENGER VEHICLES
1. Parking Requirements. Vehicular parking shall be required based upon a parking statement which identifies the proposed uses, proposed vehicular parking, existing and future transportation and mobility conditions, and anticipated needs. Parking may be provided on a public or private
, in
, or in
. Decisions regarding parking statements will be made by staff from Planning and Development Services in consultation with traffic engineering staff from the Department of Transportation and Mobility. The parking statement must provide the following:
a. The sources used in establishing the parking statement.
b. Type and approximate square footage of all uses, specifically including:
(1) The amount of combined residential and non-residential
which could share parking based on hours of operation and peak use; and
(2) The amount of residential
which typically includes a low car-ownership rate, such as housing for the elderly, for those with physical disabilities, or for low-income families.
c. The number and location of proposed vehicular parking spaces, including:
(1) Standard, accessible, and electric vehicle parking spaces;
(2) Spaces both within and outside the
that can accommodate shared parking arrangements; and
(3) On-
parking spaces within the proposed
and those within 500 feet walking distance of the
boundary, including current approximate utilization rates during daytime and evening hours.
d. The availability, location, and distance to any alternative mode of transportation, including:
(1) Public transit stops;
(2) Multimodal paths, greenways, or bike boulevards; and
(3) Bicycle parking spaces which are above and beyond the standard requirement.
e. The planned interventions to mitigate safety hazards and minimize parking impacts relative to any established residential use within 500 feet walking distance of the
boundary.
f. Any other information deemed appropriate by the PDSD
, or their designee, such as a traffic study.
2. Accessible parking spaces shall be provided in accordance with the adopted building code and is based on the number of standard parking spaces provided. In instances where standard parking is not provided, the City of Tucson Building Official shall determine the appropriate amount of accessible parking spaces required during review of the Development Package.
3. Vehicle Placement.
and driveways should be located to minimize the impact on walkable
, the pedestrian experience, and pedestrian safety.
a.
.
(1) New
or
shall be situated to the rear of a
. If placement to the rear is not feasible, the
or
shall be located with the lesser dimensional width facing the
and shall include enhanced
on the
-facing side that includes 75% coverage with vegetative ground cover.
(2) Existing
that are in the front of an existing
may remain without
when:
(a) The
includes ten or less vehicular parking spaces;
(b) A Type 1
is proposed; and
(c) No other vehicular parking is available on the
.
(3) Existing
that are in the front of an existing
may remain with
when:
(a) The
includes 11 or more vehicular parking spaces;
(b) A Type 2, 3, or 4
is proposed;
(c) A designated pedestrian amenity or
area of a minimum of 1,000 square feet is provided to break up the
;
(d) The
include all reasonable attempts to comply with the connectivity,
, and rainwater harvesting
; and
(e) The
in Table 5.11.6.-1. shall not apply.
(4) Existing or proposed
intended for transit ridership (park and ride) are permitted along a
but not at a
corner upon confirmation with SunTran regarding the usage of the
.
(5)
which have any
along a
shall be screened by a minimum 29-inch masonry wall.
(6)
shall provide canopy trees as follows:
(a)
in Type 1 and 2
with ten or less vehicular parking spaces shall provide at least one canopy shade tree.
(b) Trees shall be planted in an unpaved depressed planting area, which must be a minimum of 150 square feet in area and eight feet in width.
(c)
which provide green space for large trees may reduce tree planting requirements if the following criteria are met. The green space may be counted towards required rainwater harvesting and public space per 5.11.6.E.3. if all other
are met. The required tree planting shall be one tree per eight parking spaces for the parking spaces which meet the distance requirement. The green space must:
i. Be publicly usable or densely vegetated with 50% coverage of vegetative ground cover;
ii. Allow for large-scale mature growth of shade trees;
iii. Provide trees which are located within ten feet of the parking spaces of which only those spaces are eligible for the reduction; and
iv. Be a minimum of 1,000 square feet in area.
(d) Parking spaces which are covered by shade from parking canopies, plantings in the
, or a
as measured at 2:00 pm on June 21 when the sun is 82 degrees above the horizon may be excluded from providing the required tree plantings.
b. Access.
(1) Driveways may be shared between
or for a single
but shall not exceed maximum allowed width. If a driveway is shared between
or for a single
, a recorded shared access agreement or easement shall be required.
(2) In multi-
or single-
, attached
, one or two space
and carports shall be accessed by alleys or on-
drive aisles only.
(3) Driveways should follow the recommendations of the City of Tucson Street Design Guide (2021) and the City of Tucson's Transportation Access Management Guidelines. Should conflicts in
exist, priority should be given to designs which optimize pedestrian safety and maintain safety for other travel modes.
c.
and structured parking.
(1) Semi-subterranean
may project above the
finished
by up to three and one-half feet.
(2) Structured parking shall not be a
-facing façade.
(3) Where structured parking is integrated with a
, a "wrap" with a minimum depth of 20 feet of habitable ground floor space shall be provided between the
and the
.
Residential Use | Non-Residential Use or | Subterranean Parking | |
Residential Use | Non-Residential Use or | Subterranean Parking | |
All | 15 feet | 20 feet | 0 feet |
to Residential | 6 feet | 6 feet | 0 feet |
to Non-Residential | 0 feet | 0 feet | 0 feet |
to | 0 feet | 0 feet | 0 feet |
ACCESS | |||
Must be located along side of
(within 20 feet of side
) and at least 50 feet from another driveway (
edge). | |||
Rear (
) | Permitted when minimum 20 feet width, free of obstructions, and surfaced to approval of City Engineer. | ||
PARKING ENTRANCES (
WIDTH) | |||
One-Way Entrance | 10 to 12 feet | ||
Two-Way Entrance | 16 to 20 feet | ||
(Ord. 12152, 3/18/2025)
5.11.7. INCENTIVES
A. APPLICABILITY
Development
that utilize incentives must demonstrate compliance with the purpose and intent of the CCT. In addition, a
may utilize all or none of the following incentives on a
to maximize the height for the entire
. The maximum additional height a
may achieve is two stories (24 feet). Two incentives can be stacked on each other to increase the height by an additional two stories (24 feet) on a single
. However, the maximum height a
can achieve using these incentives is six stories (75 feet). In addition, different incentives may be used on different
on the same
.
B. AFFORDABLE HOUSING HEIGHT INCENTIVE
1. To encourage the provision of housing for low- to moderate-income, disabled, and elderly residents, an additional height incentive is offered in exchange for the incorporation of Affordable Units into a
. Additional height of one story (12 feet) may be added to any residential
which includes Affordable Units. To be eligible, the following criteria must be met:
a. Cannot be an R-1, C-3, OCR-1, or OCR-2 zoned
.
b. All the
shall be located within a single
.
shall be incorporated throughout the
and shall not be distinguishable in any manner from market-rate units, access to amenities, location, grouping, or exterior design.
c. At least 15% of the total number of
in the
shall be
for
earning 80% of AMI or less (fractions are rounded up or down to the nearest whole number).
2. Terms of Affordability.
a. The terms of affordability for residential units, for sale, lease, or rent, is a minimum of 30 years from Certificate of Occupancy (C of O).
3. Compliance measures will be required at the time of approval, including but not limited to contracts, restrictive covenants, deed restrictions and stipulated penalties. Compliance with these requirements will be verified by the Housing and Community Development Department (HCD) staff prior to permitting approval. Compliance will be monitored and enforced by HCD on an ongoing basis.
4. The developer or manager shall provide an annual report to the HCD
verifying the units qualify as
. The report shall identify the income of
residing in the
and the housing costs, including rents, mortgages,
and association fees being charged, and any other relevant information requested by the HCD
to verify the units are being utilized for affordable housing.
C. VERTICAL
HEIGHT INCENTIVE
1. To encourage the provision of active ground floor uses that provide daily services (i.e. coffee shops, restaurants, hair salons, grocery stories etc.) and ground floor activity, an additional height incentive is offered in exchange for providing vertical mix use along
or
. Additional height of one story (12 feet) may be added to any
which meets the
criteria. To be eligible, the following criteria must be met:
a. Cannot be an R-1, R-2, R-3, C-3, OCR-1, or OCR-2 zoned
.
b. A minimum 50% of ground floor facing front
and
shall be commercial or retail uses.
c. A minimum 14-foot ground floor height will be provided.
d. A minimum of 20-foot ground floor depth will be provided.
2.
may also be eligible for a reduction in
impact fees as provided in Tucson
Code Section 23A-81.F.
D. CONTRIBUTING HISTORIC
INCENTIVE
1. To encourage the preservation of historic Formally Eligible (DOE), Contributing or Individually Listed
or City of Tucson zoned
, an additional height incentive is offered in exchange for preserving and reusing historic
in an appropriate manner. Additional height of one story (12 feet) may be added to one
on the
. To be eligible, the following criteria must be met:
a. The
must include a Formally Eligible (DOE), Contributing or Individually Listed
as documented by the State of Arizona Historic Preservation Office or the City of Tucson Historic Preservation Officer; and
b. Additionally, all
on the
may be granted up to a 20% modification to the Dimensional Standards or Development Standards with the review and approval of the Design Review Board for compliance with the purpose and design principles of the CCT per Section 5.11.1.
(Ord. 12152, 3/18/2025)
5.11.8. LARGE SCALE DEVELOPMENT REQUIREMENTS
A. Large
over 12 acres,
with OCR-1 and OCR-2 zoning that are proposing
with eight stories or taller, or any
which is
or part of the Tucson Mall, El Con Mall, or Park Place Mall are required to submit a Master Plan demonstrating compliance with the intent of Section 5.11.
B. Required Materials.
1. A Master Plan shall include an overall Concept Plan that integrates
, transportation,
, and pedestrian features into a cohesive design. This Concept Plan shall be included as an additional sheet in the submitted
(Development Package).
2. A Master Plan shall also include a
Narrative which demonstrates how the Master Plan meets the intent of Section 5.11. and the findings below. If
phasing is proposed, the narrative shall describe how the phases shall continue to meet the intent of Section 5.11 as well as safety and circulation
regardless of construction timing.
C. Review and Approval Procedures.
1. An applicant shall hold a neighborhood meeting in accordance with Section 3.2.2. and Table 3.2-1 prior to submitting a Master Plan application.
2. Review of a Master Plan is processed in conjunction with a
(Development Package) application in accordance with Section 3.3.3., PDSD
Approval Procedures.
3. The Design Review Board (DRB) shall review the Master Plan for recommendation to the PDSD
regarding
with the design principles in Section 5.11.1.B. Review by the DRB shall be conducted after formal submittal to the
and after the first complete review by staff has been concluded. When a Master Plan is reviewed by the DRB, no more than two meetings shall be required.
D. Findings for Approval.
1. The PDSD
may approve a Master Plan as provided by this section if all the following applicable criteria are met and documented in findings:
a. All Development
of Section 5.11.6. are met;
b. At least 15% of the overall private land area of the
is provided as publicly accessible
.
shall:
(1) Be designed and located for community gathering;
(2) Include a variety of sizes and functional purposes (such as plazas, passages, community gardens, or pocket parks);
(3) Integrate climate-responsive design, use of
or climate-adapted vegetation, and water harvesting; and
(4) Allow community members to feel safe and welcome by maintaining visibility from upper stories and nearby ground level areas.
c. The overall
shall include a pedestrian-scaled network of
and blocks which will encourage walking, reduce automobile trips, and conserve energy.
d. The overall
shall include a transition in scale and form in response to nearby residential neighborhoods and
, with particular attention to preserving views of mountain ranges and potential shading from tall
. The transition can be addressed by step backs on individual
or through a change in scale of
depending on their location on the
.
(Ord. 12152, 3/18/2025)
5.11.9. MODIFICATIONS AND INTERPRETATIONS
A. Staff of the Planning and Development Services Department are provided the flexibility to adjust
of Section 5.11. in the following cases:
1.
requirements or
orientation
may be modified in limited situations where conflicts exist with public or private utility easements which cannot be relocated.
2.
requirements may be modified up to 20% to accommodate existing conditions or a design solution consistent with an enhanced pedestrian environment.
3.
in Section 5.11.6.C.2.
Orientation may be modified to address
with multiple
frontages in consideration of the proposed design and use of the
in relation to the
types.
4. Existing
in Section 5.11.6.G.3.a.(2)-(3) may be modified when
specific situations require adjustments to allow for economic feasibility.
B. The Zoning Administrator shall interpret the Community Corridors Tool
. The Zoning Administrator may allow up to 20% deviation from all
, except for height and stepbacks, based on the need for design flexibility, alternative design solutions, or integration of best practices.
C. In all instances in which flexibility or interpretation authority is provided to
staff or the Zoning Administrator, the applicant shall provide a narrative or letter with their
(Development Package) submittal which includes the following information for consideration:
1. The standard(s) which are requested to be modified;
2. The requested modification;
3. Explanation of the challenges, conditions, or considerations which make strict adherence to the
infeasible or not desirable; and
4. Demonstration that the requested modification will not negatively impact health, life, and safety considerations.
D. Decisions on each modification or interpretation request shall be documented in the Development Package's comment response letter to the applicant from the
and in the Development Package General Notes.
(Ord. 12152, 3/18/2025)
5.11.10. VARIANCES
The Community Corridors Tool Sections 5.11.5 Dimensional
and 5.11.6 Development
are eligible for variance requests and are processed in accordance with Sections 3.10.1 and 3.10.3, Board of Adjustment Variance Procedure. The Design Review Board shall review
and screening standard variance requests as provided in Section 2.2.6.C.5. and forward its recommendations to the Board of Adjustment.
(Ord. 12152, 3/18/2025)
5.11.11. ENFORCEMENT
adopted for the Community Corridors Tool are enforced in the same manner as provided in Article 10: Enforcement and Penalties.
(Ord. 12152, 3/18/2025)
5.11.12. DEFINITIONS
A. Block-Scaled
. A
that is individually as large as a block or individual
collectively arranged along a
to form a continuous facade as long as most or all of a block.
B. House Scaled
. A
that is the size of a small to large house and detached from other
.
C. Pedestrian Orientation. A physical
or place with design qualities and elements that contribute to an active, inviting, and pleasant place for pedestrians that typically includes most of the following elements:
1.
facades that are highly articulated at the
level, with interesting uses of materials, color and architectural detailing;
2. Visibility into
at the
level;
3. A continuous
, with a minimum amount of intrusions into pedestrian
; and
4. Signs oriented and scaled to the pedestrian rather than the motorist.
5. Pedestrian orientation may also include, design amenities related to the
level including but not limited to awnings, arcades,
and
furniture.
D. Story. The portion of a
included between the surface of any floor and the surface of the next floor above it, or if there is no floor above, the space between the floor and the ceiling above.
E. Story, Ground Floor. The lowest story or the ground story of any
, the floor of which not more than 12 inches below the average contact ground level at the exterior wall of the
.
F. Story, Mezzanine. A story which covers one-third or less of the area of the story directly underneath it. A mezzanine story shall be deemed a full story when it covers more than one-third of the area of the story directly underneath said mezzanine story.
(Ord. 12152, 3/18/2025)
5.12.1. PURPOSE
The primary purpose of the Downtown Area Infill Incentive
(IID) is to encourage redevelopment in the following ways:
A. Encourage sustainable infill
that supports the creation of urban neighborhoods that are pedestrian and transit-oriented and benefits the IID, the major activity centers in the area, and the
as a whole, while promoting compatibility with existing residential and non-residential properties and neighborhoods;
B. Address barriers to infill
in the Downtown Area Infill Incentive
(IID), such as incompatible
and associated
barrier issues;
C. Implement the IID purposes by offering
incentives permitting a modification of
requirements;
D. Provide for appropriate transitional design
where the
or
is
to existing single-family residential
;
E. Protect
and historic neighborhoods and existing residential neighborhoods from potential negative impacts of new
; and,
F. Consolidate the regulations and design
that apply to downtown areas into a single ordinance by moving certain provisions of the Rio Nuevo
(RND) overlay
, former Section 5.11, into the IID Rio Nuevo Area (RNA) and renumbering them to conform to the numbering of the IID.
(Am. Ord. 11246, 2/18/2015)
5.12.2. ESTABLISHMENT
A. The IID is comprised of the Sub-Districts listed below. For the boundaries of the IID and Sub-Districts see Section 5.12.18 (Figure 5.12.18-1). The exact boundaries of the IID overlay and Sub-Districts are identified on the official
kept on file at the Planning and Development Services Department (PDSD) and the
Clerk's Office.
1. The Rio Nuevo Area (RNA), Section 5.12.7.
a. The RNA Section 5.12.7 includes all properties in the area previously included in the former RND.
b. The RNA encompasses portions of the Downtown Core Sub-District (DCS), Greater Infill Incentive Sub-District (GIIS), and the Downtown Links Sub-District (DLS) as shown on the map in Exhibit 5.12.18-1.
2. The GIIS, as outlined in Section 5.12.9.
3. The DCS, as outlined in Section 5.12.10.
4. The DLS, as outlined in Section 5.12.11, which is further subdivided into the following Areas:
a. Toole Avenue Area (TAA), Section 5.12.12.
b. Warehouse Triangle Area (WTA), Section 5.12.13.
c. Fourth Avenue Area (FAA), Section 5.12.14.
d. Iron Horse Area (IHA), Section 5.12.15.
e. Stone/Sixth Area (SSA), Section 5.12.16.
Some of the DLS Areas listed above are further subdivided into Sub-Districts (see Section 5.12.11.A).
B. The IID contains both mandatory and optional overlay
and requirements. Plans submitted in accordance with the IID shall comply with the applicable
of this Section.
1. If utilizing the IID Zoning Option for
s proposing exterior or
modifications within the RNA overlay, the requirements and
of the RNA are mandatory.
2. The GIIS, the DCS, and DLS, are optional overlay
and regulations, which a property owner may chose in lieu of the underlying zoning (IID zoning option).
C. Depending on the
choice of the owner, plans submitted for
of land in the IID must comply with the applicable IID regulations and
as follows:
1.
under existing underlying UDC zoning:
a. The regulations and
of the underlying
apply; and,
b. If the property is located within the boundaries of the RNA, all of the following regulations,
, and review procedures apply:
(1) The regulations and
of the underlying zoning;
(2) The RNA
in Section 5.12.7;
(3) Section 5.12.6.E.; and,
(4) RNA applications for
are reviewed by the Design Review Board (DRB) pursuant to Section 2.2.6, Design Review Board.
2.
under the IID zoning option:
a. The regulations and
of the applicable IID Sub-District, Area or Sub-Area in which the
is located, apply.
b. Regardless of the Sub-District, Area or Sub-Area, all
in the IID must submit a plan and comply with the following:
c. in the GIIS and DCS must comply with the design and requirements of Section 5.12.8, General IID Zoning Option Design Standards.
d. Applications for IID zoning option are reviewed either under the major or minor design review process for compliance with the applicable and requirements pursuant to Section 5.12.6.I.
D. An IID Plan using the IID zoning option provisions cannot be used in conjunction with other waiver or modification provisions provided by the
(UDC). This prohibition does not apply to Section 7.4.5, Individual Parking Plan, IPP, which may be used in conjunction with the IID zoning option provisions.
E. Conflict of Laws.
1. The requirements and of the IID provisions should be interpreted to avoid conflict whenever possible with other UDC provisions.
2. Where the of this Section conflict with other Sections of the UDC, the of this Section shall control.
3. Where the of the DLS conflict with the general IID of Section 5.12.8, of the DLS apply. Flexible alternatives to encourage innovative design solutions may still be allowed.
F. Amendments to or dissolution of the IID are processed in accordance with Section 3.7, UDC Text Amendment Procedure.
(Am. Ord. 11246, 2/18/2015; Am. Ord. 11640, 4/23/2019)
5.12.3. DEFINITIONS
The terms "" and "
" as they apply in the IID are defined in Section 11.4.2 and Section 11.4.8, respectively. When a proposed
is not developed under the IID zoning option, but under the of the underlying zoning, only the general, not the IID specific definition of the term "
" applies (see Article 11).
(Am. Ord. 11246, 2/18/2015)
5.12.4. APPLICABILITY
The requirements and of this section apply to the following types located on property, including public or private
, any portion of which is located within the IID:
A. A
;
B. An
or existing
; or,
C. New or a redevelopment
.
D. Exceptions
For in the RNA under existing underlying zoning, the applicability requirements do not apply to the following:
1. A
that does not alter the exterior of a
.
2. A redevelopment
, or
or
to an existing
, if such
are not visible from an public
.
(Am. Ord. 11246, 2/18/2015)
5.12.5. IID PLAN SUBMITTAL REQUIREMENTS
A. Application Requirements
Use of the of the IID, as opposed to existing underlying zoning, requires plan approval by PDSD regardless of IID Subdistrict, Area or Sub-Area. Plan submittal shall consist of the following:
1. IID Plan
Applicants shall submit an IID Plan, as outlined in Section 5.12.6, demonstrating compliance with applicable IID design and requirements. The Plan must clearly state the applicant's intention to use the IID zoning option in lieu of the existing underlying zoning. Additionally, for
using IID Optional Zoning, applicants are required to provide contextual elevations demonstrating compliance with the following design :
a. Section 5.12.8, Subsection A (Streetscape Design) and Subsection B (Development Transition Standards) and Subsection C (Alternative Compliance).
b. The applicable Sub-District, Area, or Sub-Area.
2. Development Package
A Package is required when is proposed under existing underlying UDC zoning, or if a development package is otherwise required by the UDC, in which case a separate Plan must be prepared in compliance with the Package requirements in Section 2-06.0.0 of the Administrative Manual.
B. Modifications or Waivers of IID Plan Submittal Requirements
An applicant may request modification to or waiver from the plan submittal requirements, subject to the following:
1. The applicant shall specifically identify the submittal requirement(s) for which a modification or waiver is requested and provide a rationale for the request; and,
2. The PDSD Director shall determine whether to grant the request within 10 working days of the request. In making this decision, the PDSD Director shall consider the purpose statements of the IID, and the applicable
and Area Plan policies. The PDSD Director's approval of a request under this subsection is not, nor shall it be construed as, an endorsement of a
by PDSD.
(Am. Ord. 11246, 2/18/2015; Am. Ord. 11640, 4/23/2019)
5.12.6. IID PLAN REVIEW AND APPROVAL PROCEDURES UNDER THE IID ZONING OPTION
PDSD administers the IID Plan review procedure. Except as expressly modified herein, review by the PDSD is pursuant to Section 3.3.3.
A. Pre-application Conference
A pre-application conference with the PDSD staff as outlined in Section 3.2.1 is required to determine the following:
1. Whether the Plan meets the IID Plan submittal requirements and the of the IID and applicable Sub-District, Area or Sub-Area.
2. Whether the application will be reviewed through the Major or the Minor Design Review Procedure as described below.
3. Preliminary identification of potential code modifications or waivers that may need to be requested through the IID zoning option.
B. Major Design Review
The Major Design Review process is required if a proposal meets any two or more criteria listed in B.1 and/or B.2:
1. The proposal contains
that are higher than:
a. four stories or 49 feet, or
b. two stories or 25 feet if to detached single-family residential or duplex dwellings.
c. In the DCS, the height criteria apply only if the site is within 400 feet or less of a detached single-family residential or duplex dwelling.
2. The proposal is at any one or more of the following locations:
a. At an intersection of one or more
.
b.
to or across from:
(1) a detached single-family residential or duplex dwelling; or,
(2) a
or Contributing
.
c. On a vacant Historic Preservation
(HPZ) or Neighborhood Preservation
(NPZ) .
d. On a multi-zone subject to Section 5.12.8.F.
e. Within, or to an HPZ, or NPZ, or a National Historic Register , or any combination of the three. The definition of the term "," as it applies in the IID, is defined in Section 11.4.2.
3. Notices
For Major Design Review, the notice process must follow Section 3.2.2, Neighborhood Meetings, except as expressly modified herein.
4. Review and Approval Procedures
a. A neighborhood meeting;
b. Review by
;
c. Review by IID Design Review Committee (IID DRC) and recommendation to the PDSD Director;
d. Decision by the PDSD Director pursuant to Section 5.12.6.M.
5. Minor
Exemption
A redevelopment proposal that is 2,500 square feet or less in area and/or not visible from a
is exempt from the Major Design Review process and shall proceed through the minor design review. If a historic preservation review is required, it is still required for this type of proposal.
C. Minor Design Review
1. Criteria
The proposed does not meet the criteria for a Major design review in Section 5.12.6.B above.
2. Review and Approval Procedures
a. A neighborhood meeting;
b. Review by the
and recommendation to the PDSD Director; and,
c. Decision by the PDSD Director pursuant to Section 5.12.6.M below.
3. Notices
For Minor Design Review, notice of the neighborhood meeting must be sent to all of the following:
a. All owners of property within 100 feet of the site; and,
b. The
for the area in which the is located.
D. Provisional Design Review of Affordable Housing Developments
Projects that qualify as affordable housing per Section 5.12.8.H may request a provisional design review. This review is conducted by the Design Professional and may be conducted prior to a formal application for development permits. Upon the Design Professional review, the PDSD Director may issue a provisional approval that can be used to demonstrate zoning compliance in requests for funding. At the time of application for development permits, the project must complete a major or minor design review as described above in Section 5.12.6 to receive final approval.
E. Neighborhood Meeting
1. Prior to filing an application for use of the IID zoning option, an applicant must hold a neighborhood meeting in compliance with the public notice procedures for neighborhood meetings in Section 3.2.2., except as expressly modified herein.
2. The applicant must prepare a written summary of the meeting. A copy of the written summary of the meeting must be filed with PDSD at the time of filing the application for a
.
3. The applicant will also send a copy of the written summary to a Neighborhood Liaison appointed by the registered
for the area in which the
is located.
4. The Neighborhood Liaison or any property owner within the notice area may file with the PDSD Director a statement of concurrence or dissent with the accuracy of the applicant's written summary of the meeting. If a dissent is filed, it must state the exact reasons for the dissent.
5. The applicant will send periodic
updates to the Neighborhood Liaison in accordance with PDSD Neighborhood Liaison Policy.
F. IID Historic Preservation Review
1.
in an HPZ
(1)
- project may be allowed heights up to the equivalent of the tallest contributing structure within that HPZ.
(2) building material - project may be allowed an exception for building material.
Both exceptions require review from the Tucson-Pima County Historical Commission Plans Review Subcommittee (TPCHC-PRS) and the appropriate local HPZ board.
is measured by PDSD using HPZ height measurement methods.
b. IID zoning option may be used for new , or additions to, or
of existing
, provided that the changes do not cause a
to be de-listed or no longer eligible for listing.
2.
not in an HPZ
a. The Tucson-Pima County Historical Commission Plans Review Subcommittee reviews all
listed below:
(1)
proposing
or additions to an existing eligible or contributing
using IID zoning option that do not cause the property to be de-listed or no longer eligible for listing. Additions to or
of
must meet the Secretary of the Interior's historic preservation ;
(2)
proposing new using IID zoning option that are either to the boundaries of an HPZ or to a
meeting any one or more of the following characteristics:
(a) Listed or eligible to be listed in the National or Arizona Register of Historic Places, individually or as a contributing property.
(b) Designated as a
.
(c) A Single-family dwelling within the boundaries of the HPZ.
b. The TPCHC may continue the hearing on an item only once before making a decision, unless the applicant for the
requests a further continuation.
c. It is the responsibility of each applicant for IID zoning option to verify the current contributing or eligibility status of the property in question with the of Tucson's Historic Preservation Office.
d. The TPCHC Plans Review Subcommittee reviews for compliance with the design requirements of the applicable Sub-District and for design compatibility of a proposed
.
(1) New must be designed to complement and be compatible with the architecture of
.
(2) Compatibility with
is to be achieved through architectural elements such as
,
step-backs, textures, materials, forms, and landscaping.
(3) Exceptions
The PDSD Director may waive the compatibility requirement of this section under the following circumstances:
(a) Where the lot is vacant; or
(b) If the property owner of the
waives the requirement; or
(c) If the lot is developed with a non-residential building.
e. It is not the intent of the design review process to impose additional limitations or
preservation requirements on the allowable
in the IID. Unless a
limitation in a Sub-District is specifically required herein, the proposed may use the entire
allowed by the IID.
3. Demolition
a. Whether a proposed is within or outside the boundaries of a HPZ, IID zoning option may not be used for a
that proposes demolition of a
that is any one or combination of the following:
(1) A property listed or eligible to be listed in the National or Arizona Register of Historic Places, individually or as a contributing property.
(2) Designated as a
.
b. For purposes of sub-section (a) above, the prohibition against the use of the IID zoning option applies to any
where any demolition of a
occurs on that property on or after the effective date of Ordinance No. 11640 (May 23, 2019).
For any
where a demolition of a
occurred on the property during the time period from February 18, 2015 and May 23, 2019, the application will be governed under the provisions of Ordinance No. 11246 (adopted February 18, 2015).
c. Exception
Partial demolition of a
is allowed if the State Historic Preservation Office (SHPO) determines that the demolition will not cause the
to be de-listed or to become ineligible for listing in the future.
4. De-Listing
In no event may the IID zoning option be used if the would, in the opinion of the Historic Preservation Officer, cause a
in the IID to be de-listed or no longer eligible for listing.
G.
in a NPZ
If a proposed
is located within a NPZ, the
must be reviewed by the
pursuant to the design of the applicable NPZ.
H. Composition of the IID Design Review Committee (IID DRC)
1. The IID DRC is composed of any combination of the following members appointed by the Manager for a four year term:
a. The
.
b. One registered architect.
c. One registered landscape architect.
d. One registered contractor or member of the community.
e. One member to represent all
within the IID.
2. A member of the IID DRC may be removed by the Manager with or without cause. A member who misses four consecutive meetings for any reason or fails to attend for any reason at least 40% of the IID DRC meetings within one calendar year is automatically and immediately removed as a member of the IID DRC. The Manager shall promptly fill any vacancy on the IID DRC by appointing a member to fill that vacancy. All members shall be provided notice of any IID DRC meeting.
3. The IID DRC may include one or more ad-hoc members from among the following, as applicable:
a. For
within the DLS Fourth Avenue Area, one local Fourth Ave. business owner.
b. For
within the DCS, one person from the Downtown Partnership Association.
c. One member appointed by the
for the area in which the proposed
is located. If the
is located in an area that does not have a
, the ad-hoc member is appointment by an association within 300 feet of the
that is within the same IID Sub-District.
d. For
within or to a HPZ, the
member should be a member of the HPZ advisory board of the affected HPZ.
4. The IID DRC shall adopt rules of procedure necessary to carry out its functions. The PDSD shall make these rules available to the public.
I. IID DRC Quorum, Voting, and Recommendation
1. Ad-hoc members are voting members of the IID DRC.
2. A quorum of the IID DRC is the
and at least two other members.
3. Notwithstanding Subsection H.2 above, if for any reason the Manager has not appointed the members of the IID DRC, or a quorum is not obtained for a particular application, the
shall make a recommendation directly to the PDSD Director.
4. The
may give a recommendation separate from the IID DRC recommendation in all cases.
J. IID DRC Review
1. All
submitted using the IID zoning option that are reviewed by the IID DRC for compliance with applicable IID and requirements, and the IID DRC may also comment on other aspects of the
.
2. An applicant may request a pre-application review by the DRC to receive input on the proposal's features. Afterwards, the IID DRC must review an item once and may continue the item one time, unless the applicant asks for further continuances.
K. Review by the
1. Prior to the IID DRC meeting, applicants must meet with the
to discuss the
and its compliance with the IID and applicable Sub-District design and requirements.
2. The
must provide a written report to the applicant, the IID DRC members and the PDSD Director containing all of the following:
a. A listing and description of the recommendations and any other issues of concern raised by the IID DRC.
b. A statement whether the proposal complies with the applicable design .
c. Recommendations on any modifications to the
needed to bring it into compliance with the design .
d. The
may also make separate recommendations to the PDSD Director on other aspects of the
, such as façade treatment,
colors, and similar design elements, including all relevant elevations and pictures describing the recommended design or mitigation features.
L. Review by the Mayor and Council of Group Dwellings
M. PDSD Director Decision
1. The IID DRC's and
recommendations are advisory to the PDSD Director, and the Director makes the final decision on a
compliance with IID and applicable Subdistrict requirements and .
2. The IID DRC and the
may recommend, and the Director may add special conditions to an approval pursuant to Subsection J above, to assure compliance with the intent of the IID, to address safety issues, and to address certain commitments to neighbors made by the applicant.
3. Special conditions may include mitigation or plans based on the scale, setting, and intensity of the proposed on a case by case basis. Examples of such plans may include, but are not limited to any one or more of the following:
a. A vehicular reduction plan to ensure residences are most effectively using alternate modes of transportation. Proposed methods to reduce vehicular use may be one or more of the following: transit passes, ride share, bike share or car share programs, shared parking agreements among multiple uses, and proposals to separate the cost of parking spaces from residential
spaces or a similar method approved by the PDSD Director.
b. A noise mitigation plan to ensure the design of the proposal does not substantially increase noise above current ambient noise levels.
c. A traffic impact analysis that may include a mitigation plan with traffic calming elements and safety
.
d. A behavioral management plan and security plan that includes self-policing and techniques to reduce the impacts of noise, odors, unruly behavior or other similar adverse effects on residential property.
e. A shadow plan when to detached single-family dwellings.
f. A ground vibration monitoring study to
.
g. Proposed
within or to an HPZ should reference the appropriate HPZ guidelines in Section 9-02.7.0 of the Technical Standards Manual.
N. Final Approval
1. Within ten days after receiving final recommendations from the IID DRC and the
, the PDSD Director must make a final decision pursuant to Section 5.12.6.L, except as provided below.
O.
Review of
Plans
Prior to the issuance of a
permit for under the Optional IID provisions, the
will review the package and the
plans for compliance with the approved IID Plan.
P. Appeals
A
may appeal the PDSD Director's decision on IID
on the grounds that the decision is not in conformance with the criteria established by the UDC. Except for a decision on a proposed
, which is approved or denied by the Mayor and Council pursuant to 3.4.4., Mayor and Council Special Exception Procedures, appeals must be filed and are heard in accordance with the following procedure:
1. Appeals of the
's decision for
reviewed pursuant to a minor review process are heard in accordance with Section 3.10.2, Board of Adjustment Appeal Procedure. The notice of intent to appeal must be filed with the PDSD no later than five days after the effective date of the decision. The complete appeal materials must be filed with the Zoning Administrator within 14 days of the effective date of the decision. The appeal fees must be paid to the PDSD at the time the complete appeal is filed.
2. Appeals of the
's decision for
reviewed pursuant to a major review process are heard in accordance with Section 3.9.2, Mayor and Council Appeal Procedure. The notice of intent to appeal must be filed with the
Clerk no later than 14 days after the effective date of the decision. The complete appeal materials must be filed with the
Clerk within 30 days of the effective date of the decision. A copy of the complete appeal materials must be provided to the PDSD
at the time it is filed. The appeal fees must be paid to the PDSD at the time the complete appeal is filed.
Q. Timeline for Approval
R. Amendments to an IID Plan or Approved Design Package
1. An amendment or revision to an approved IID Plan is subject to the same procedure as the initial approval.
2. An amendment or revision to an approved Design Package is subject to the following approval procedure, unless determined to be a non-substantive change by the designated
:
a. The applicant or consultant shall provide a written report to the PDSD
containing all of the following information: a listing, description, and exhibit of the design modification(s), modifications may be site changes, façade treatment, building materials, and a statement whether the proposal complies with the previously approved applicable design standards.
b. The designated
shall draft a recommendation outlining the following: if the design modification meets the intent of the IID, is an unsubstantial, a minor change, or a major change.
c. The PDSD
shall make the final decision on the design amendment or revision change.
(Am. Ord. 11246, 2/18/2015; Am. Ord. 11639, 4/23/2019; Am. Ord. 11640, 4/23/2019; Am. Ord. 11732, 2/19/2020; Am. Ord. 11977, 12/20/2022)
5.12.7. RIO NUEVO AREA (RNA) ZONING DESIGN STANDARDS
A. Applicability
2. The provisions of this Section 5.12.7 are mandatory for proposed of properties in the RNA under existing underlying zoning.
B. Permitted Uses and
1. Except as specifically amended or expanded in this Section 5.12.7, the regulations and standards of the underlying zoning apply in the RNA, including the permitted land uses and
.
2. New drive-in or drive-through facilities are not permitted, except for businesses located to the freeway, or as approved through the review process.
C.
Design
within the RNA is required to comply with the following
design .
1. The proposed
shall respect the scale of those
located in the
and serve as an orderly transition to a different scale pursuant to Section 5.12.8.B, Development Transition Standards.
with a vastly different scale than those on properties should have a transition in scale to reduce and mitigate potential impacts. In areas undergoing change, long range plans should be consulted for guidance as to appropriate heights;
2. All new construction must be consistent with the prevailing setback existing within its
except that the PDSD Director may approve a different setback than the prevailing setback upon a written finding during the review process that a different setback is warranted by site conditions or applicable design goals consistent with Section 5.12.1, Purpose, and the proposed setback will not be incompatible with properties, as defined in Section 11.4.2.A;
3. All new construction shall provide scale defining architectural elements or details at the first two floor levels, such as windows, spandrels, awnings, porticos, cornices, pilasters, columns, and balconies;
4.
Every commercial
frontage shall provide a greater floor-to-floor height (14' recommended) than the floors above. It shall have windows, window displays, or visible activity within and
to the
at the ground floor level, with a minimum of 50 percent of the
providing such features; commercial and/or retail uses are recommended where economically viable.
5. A single plane of a façade at the
level may not be longer than 50 feet without architectural relief or articulation by features such as windows, trellises, and arcades;
6.
façade design shall include pedestrian-scaled, down-shielded, and glare controlled exterior
and window lighting;
7. The front doors of all commercial and government
shall be visible from the
and visually highlighted by graphics, lighting, marquees, or canopies;
8. Modifications to the exterior of
shall complement the overall historic context of the Downtown and respect the architectural integrity of the historic façade;
9.
shall be designed to shield
and public
from reflected heat and glare;
10. Safe and adequate vehicular parking areas designed to minimize conflicts with pedestrians and
shall be provided;
11. Adequate shade shall be provided for sidewalks and pedestrian pathways, using shade
or vegetation, where permitted by the ;
12. Colors may conform to the overall color palette and context of the Downtown area or may be used expressively to create visual interest, variety, and
. The rationale for an expressive or idiosyncratic use of color shall be described in the site plan submittal;
13. New
shall use materials, patterns, and elements that relate to the traditional context of the Downtown area;
14. Twenty-four-hour,
-level activity is encouraged by providing a mixture of retail, office, and residential uses within each
; and,
15. Primary public entries shall be directly accessed from a sidewalk along a
rather than from a parking lot. Public access to commercial and governmental
shall be provided at sidewalk grade. The primary floor of, and access to, residential
may be elevated. Secondary access may be provided from off-street parking areas.
D. Site Design
1. Vehicular Circulation
a. All to
shall have pedestrian circulation paths between the
and the
, with a minimum width of six feet.
b. The locations of all points of vehicular ingress and egress shall be perpendicular to the intersecting
. Points of ingress and egress points shall be designed to minimize vehicular/pedestrian and vehicular/
conflicts. Adequate storage for vehicular queuing at parking facilities shall be contained on site. Right turn
are strongly discouraged. Points of ingress and egress shall be minimized wherever possible. Additional temporary ingress and egress locations may be permitted for
when occasional high peak period traffic flows (i.e., parking facilities for event venues) are anticipated.
2. Parking
b. Screening of Parking All new parking shall be designed so that vehicles are not visible from the
level, through incorporation of pedestrian arcades, occupied space, or display space.
c. Employee Parking Employee parking for all uses should be provided at remote locations in order to maximize the availability of space for .
3. Plazas and Open Space
The fundamental objective of the design in this Section 5.12.7.D.3 is to encourage public and private investments to enhance the character and function of Downtown's pedestrian environment.
a. Plazas and Pedestrian Nodes
Five percent of the gross floor area of new construction shall be provided in public plazas or courtyards. Open space plazas, courtyards, and patios are landscaped outdoor areas designed to accommodate multiple uses, from large gatherings of the people for performing arts to smaller gatherings. The plazas and courtyards will be one of the ways that spaces and uses can be linked. The requirement of this section may be waived or reduced by the PDSD Director upon a written finding during the review process that the enhances the downtown pedestrian environment even with a smaller percent or elimination of the requirement.
b. Viewshed Corridors
Views of all
and all natural elements surrounding the Downtown should be considered during design. Plazas, courtyards, and open spaces shall be sited to include views to other public spaces, where feasible.
c. Linkages (Physical and Visual)
Neighborhood linkages shall be maintained throughout Downtown.
4. Streetscape
a. Streetscapes must be consistent with the Streetscape Design Policy. In streetscape design, priority is given to pedestrians.
b. Shade
Shade shall be provided for at least 50 percent of all sidewalks and pedestrian pathways as measured at 12:00 p.m. on June 21 when the sun is 80° above the horizon (based on 32°N Latitude). Shade may be provided by arcades, canopies, or shade
, provided they and their location and design characteristics are compatible with the prevailing and design context of the
and the architectural integrity of the
. Deciduous trees, as proposed in the Downtown Comprehensive Street Tree Plan, are encouraged to supplement existing evergreen trees. The use of plantings and shade
in the
are permitted to meet this standard with the approval of the Department of Transportation. The shade provided by a
may serve to meet this standard.
E. Demolition of
in the RNA
In the RNA, demolition of the following types of
is reviewed in accordance with Section 5.8.10, Demolition of Historic Properties, Landmarks, and Structures:
1.
that are listed in the National Register of Historic Places or the Arizona Register of Historic Places.
2.
that are eligible for listing in the National or State registers.
3.
designated as
.
F. RNA Review
1. Pre-Application Conference
A pre-application conference with the PDSD staff is required to determine whether the application meets the design and requirements of the RNA.
2. Submittal and Staff Review
Upon submittal, the PDSD staff reviews the application for compliance with the RNA and makes recommendations to the PDSD Director whether to approve or reject the application.
3. Review by the Design Review Board (DRB)
The Design Review Board (DRB) reviews all applications for compliance with the RNA in conjunction with the underlying zoning, and makes findings and recommendations to the PDSD Director. Applications are scheduled with the DRB at the first available meeting.
4. Tucson-Pima County Historical Commission (TPCHPC) Review
The TPCHC Plans Review Subcommittee reviews applications that propose exterior changes to
on or eligible for inclusion on the National or Arizona Register of Historic Places. The TPCHC Plans Review Subcommittee makes findings and recommendations to the PDSD Director.
5. Decision
The PDSD Director makes the decision whether to approve or deny the application after receiving recommendations from staff, DRB, and, when applicable, the TPCHC Plans Review Subcommittee.
6. Notice of Decision
Notice of the decision must be provided to the applicant within three (3) days of the date of the decision and the appropriate HPZ Advisory Board, if applicable, and the plans review subcommittee.
7. Appeals
If an application is denied, the applicant may appeal the decision to the Board of Adjustment in accordance with Section 3.10.2. Appeals must be submitted to the PDSD within five days of the notice of decision.
(Am. Ord. 11246, 2/18/2015
; Am. Ord. 11977, 12/20/2022
)
5.12.8. GENERAL IID ZONING OPTION DESIGN STANDARDS
An IID Plan under the IID zoning option design must demonstrate compliance with the following:
A. IID Land Uses
Unless specifically stated otherwise elsewhere in Section 5.12, a proposed
using the IID zoning option must meet one of following two requirements:
1. Permitted land uses are limited to those listed in Table 5.12-IID-1 below:
LAND USE TYPE | |
Commercial Services Group | Industrial Use Group |
Administrative and Professional Office | Craft work |
Alcoholic Beverage Service | Retail Trade Group |
Entertainment | General Merchandise Sales |
Food Service | Food and Beverage Sales |
Personal Services | Residential Group |
Travelers’ Accommodation, Lodging | Attached Family Dwelling |
Civic Use Group |
Multifamily Dwelling |
Civic Assembly | Group Dwellings, pursuant to Section 5.12.6.K |
Cultural Use | Other Uses |
Educational Use: Instructional School | Mixed Uses are limited to a combination of |
Educational Use: Post-secondary Institution | Residential and any other uses listed in this table. |
Religious Use | |
2. Additional Permitted Uses
Additional permitted uses include any use permitted in the underlying
for the property, provided the PDSD Director finds the proposed use to be in accordance with Section 5.12.1, Purpose.
3. Exceptions
a. Permitted land uses for the Downtown Links Subdistrict (DLS) are listed in Section 5.12.11.C.
b. Permitted land uses for property where the underlying zoning is R-1 are limited to the land uses allowed in the R-1 zone.
c. Automotive Service and Repair uses and Personal Storage uses are prohibited.
d. Residential
is permitted where the underlying zoning of the property is P-I, I-1, or I-2.
B. Streetscape Design
Streetscape design must comply with the
design in the Technical Manual and the Streetscape Design Policy.
1. Pedestrian-orientation
shall be pedestrian-oriented and comply with all of the following :
a. New construction shall have architectural elements/details at the first two floor levels;
b.
shall provide windows, window displays, or visible activity on the ground floor for at least 50 percent of frontage;
c. A single plane of façade shall be no longer than fifty feet without architectural detail;
d. Front doors shall be visible or identifiable from the
and visually highlighted by graphics, lighting, or similar features;
e.
Uses that encourage
level pedestrian activity are preferred on the first floor of a structure of a multistory
. This may include, but is not limited to, Commercial Services, Retail Trade uses, etc.; It is encouraged to have a greater floor-to-floor height (14' recommended) for the first level than the floors above;
f. Construction and maintenance of sidewalks must be done in compliance with the
Streetscape Design Policy. Existing sidewalk widths shall be maintained so as to provide effective, accessible, connectivity to
properties. Sidewalks may be widened to accommodate a
design characteristics. Where no sidewalks exist, sidewalks shall be provided. Outdoor seating and dining areas and landscaping may be located in the sidewalk area where safe and effective sidewalk width around the design feature can be provided;
g. To the extent practicable, bus pull-outs shall be provided where bus stops are currently located; and
h. If drive-through service is proposed, it shall not interfere with pedestrian access to the site from the
.
2. Shade
a. Except as provided below, shade shall be provided for at least 50% of all sidewalks and pedestrian access paths as measured at 12:00 p.m. on June 21 when the sun is 80 degrees above the horizon. Shade may be provided by trees, arcades, canopies, or shade
provided their location and design characteristics are compatible with the historic and design context of the
and the architectural integrity of the
. The use of plantings and shade
in the
is permitted to meet this standard with the approval of the Transportation Department. The shade provided by a
may serve to meet this standard.
b. Exception
The PDSD Director may approve an IID Plan providing less than 50% shade where compliance is not feasible due to a
location and/or
orientation and the applicant has made a reasonable attempt to comply with this standard.
C.
Transition
The purpose of the
Transition
is to mitigate excessive visual, noise, odor, vibration intrusion, and other similar public health and safety concerns that may be created by the proposed
.
1. Applicability
Developing sites that
an affected single family or duplex dwelling shall comply with this section. For purposes of the IID, the following terms and examples describe elements of applicable transitional areas:
a. "Affected residential property" refers to an existing detached single-family or duplex dwelling that is to a developing site;
b. "High density residential" refers to residential that is neither existing single-family detached nor attached dwellings;
c. Examples of applicable transitional areas include a nonresidential developing site to existing single-family detached or attached dwellings within a subdivision, or a developing high density residential site to existing single-family detached or attached dwellings within a subdivision; and,
d. For
within the DCS, the
Transition
apply only to those to affected residential properties outside the DCS boundaries.
2. Mitigation of Taller
Compliance with the following is required where the developing site has taller buildings than affected residential properties:
a. Within the GIIS and DCS, the maximum building height is 25 feet within 30 feet of the property line to an affected residential property. Proposed buildings may be developed to the maximum height permitted by the underlying or as permitted by the IID Subdistrict, whichever is applicable, when the building is 30 feet or more from the property line to an affected residential property;
b.
Bulk Reduction
If a
façade faces a property line to a single-family detached or duplex residential property, the PDSD Director may require bulk reduction. The
shall make a finding and recommendation, after consulting with the DRC and/or Historic Commission if applicable, that the proposed design provides an effective way of breaking up the mass so the
mass of the façade is less imposing.
c. Windows at or above the second story of a
shall be located or treated to reduce views into affected residential property's
and yard areas;
d. Balconies shall be oriented away from affected residential property or use a screening device to reduce views in to the rear or side yards of the affected residential property.
e. The developing site's
shall be oriented so as to reduce views onto an affected residential property; and
f. Buffers and/or screening consistent with the purpose of this section shall be provided between a developing site and affected residential properties and shall include features such as, but not limited to, landscaping, walls, and architecturally decorative features.
3. Mitigation of Service Areas
Potential nuisance or noisy areas shall be oriented away from affected residential property, such as by placing service areas for loading and garbage disposal between the developing site's
, behind opaque barriers, or by using architectural or landscaping treatments that effectively reduce nuisance impacts from service areas. The service area shall be mitigated to reduce the noise and view of the service features, reduce the emission of offensive odors to owners or occupants of properties or create a nuisance or hazard beyond the property lines of the
, and prevent vibrations that are discernible beyond the property lines of the
.
4. Mitigation of Parking Facilities and Other Areas
Where the site has parking areas or an area with noise and outdoor lighting features, the areas shall be screened from affected residential property by a combination of a wall or opaque non-chain link fence with a vegetative hedge or a row of trees that shall be dense enough to screen views onto the site. An alternative treatment may be used, such as using architectural or landscaping treatments that effectively reduce nuisance impacts from parking facilities and other areas. Where there is a finding that the vegetative screen will be opaque, the requirement of a masonry wall may be waived by the PDSD Director.
D. Alternative Compliance
2. For purposes of this section, urban design best practices may include urban design studies approved for the City of Tucson, adopted urban design for a downtown area in an Arizona city of comparable size or a city in the Southwest of comparable size, books written by urban design experts or endorsed by a professional organization, such as the American Institute of Architects, addressing downtown , or any comparable report, study, or recommended by the
and approved by the PDSD Director.
E. Utilities
Plans shall include information on the layout and demonstrate availability of utilities such as water, wastewater, natural gas, electric, and telecommunication utilities.
F. Parking
1. Parking spaces may be located as follows:
a. On site; or
b. Off-site within ¼ of a mile of the
under a shared parking agreement that is approved by the .
2. Required vehicle and
parking may be reduced pursuant to an IID Parking Plan in accordance with Section 7.4.5.A, except as modified as follows:
a. Section 7.4.5.A.3 in Permitted Uses and Types of does not apply. An IID Parking Plan may be used to reduce required residential parking.
b. Bike parking shall be provided when motor vehicle parking is provided. The PDSD Director may reduce the required number of
depending on the use, setting, and intensity of the proposal.
d. Section 7.4.5.B, , does not apply.
3. Where Parking is provided, the parking area must comply with the of Section 7.4.6.C and D.
4. Parking must be in a
with the ground floor of the
screened from view.
a. Exception
Parking may be located on a surface parking lot if it is recommended by the Design Professional and determined by the PDSD Director to be impracticable to be located elsewhere and other options are not available. The Design Professional and the PDSD Director will look more favorably on surface parking in the Greater IID, where densities are lower.
b.
Parking may be located on a surface
if it is recommended by the Design Professional and determined to meet the purpose of the IID per Section 5.12.1, by the PDSD Director to be impracticable to be located elsewhere and other options are not available. If located onsite,
must be located at the rear or side of the
.
c.
and expansion of existing
may use the site's current parking configuration.
d.
shall be designed so that parked vehicles are screened from view through incorporation of design elements including, but not limited to, landscaping, pedestrian arcades, occupied space, or display space.
e. It is recognized that
may be proposed in phases. In the event that Phase 1 of a
is unable to provide structured parking, temporary surface parking may be acceptable, if it is recommended by the Design Professional and determined to meet the purpose of the IID, per Section 5.12.1, by the PDSD Director. The applicant must demonstrate that there is a good faith effort to provide the structured parking in future phases. If, after five years, the temporary parking is still in place, the PDSD Director has the right to review the surface parking approval and grant an extension if warranted.
5. Special IID Parking Agreement
Where a developer can demonstrate to the satisfaction of the PDSD that the parking options provided for in this Section are not feasible, and the makes a specific finding that the
will have significant economic value for the IID Sub-District in which it will be located, the following parking options are allowed as follows:
a. A percentage of long-term residential parking may be located in a public parking garage by an agreement with Park Tucson if the
is of significant economic benefit to the to allow this option.
b. The agreement must be reviewed by PDSD, the
, Park Tucson and approved by the Manager.
G. Multi-zone
Where a contains more than one
, uses and
massing may be distributed across the
on the , provided that the complies with the design in Section 5.12.8.B to mitigate the impact of the new on existing, less intensely developed .
H. Affordable Housing
1. Purpose and Applicability
To encourage the provision of housing for low- to moderate-income, disabled and elderly residents, incentives are offered in exchange for the incorporation of
into a
. To be eligible for these incentives, the following criteria must be met:
a. Only projects with a minimum of ten (10) dwelling units, or projects adding at least ten (10)
to an existing project, shall be eligible for
relief.
b. All of the
shall be located within a single project.
c.
shall be incorporated throughout the project and shall not be distinguishable in any manner from market-rate units, including square footage, access to amenities, location, grouping, or exterior design.
d. At least fifteen (15) percent of the total number of
in the project shall be
for households earning 80 percent of AMI or less. (Fractions are rounded up or down to the nearest whole number.)
2.
Relief and Maximum
a. A project featuring
that meets the criteria in Section 5.12.8.G.1:
(1) Are exempt from maximum allowable residential
restrictions pursuant to applicable IID
standards.
(2)
may be increased up to:
(a) 60 feet or the maximum height of what is allowed by the underlying zoning in the Greater Infill Incentive Subdistrict (GIIS).
(b) 75 feet or the maximum height of what is allowed by the underlying zoning in the Downtown Core Subdistrict (DCS).
b. Except as otherwise noted, projects featuring
shall comply with all other requirements of Section 5.12.
3. Terms of Affordability
a. The term of affordability for multi-family residential units for rent or lease is fifty (50) years from C of O.
b. The term of affordability for for-sale condominium units is thirty (30) years from C of O.
4. The
developer or manager shall provide an annual report to the HCD Director verifying the units qualify as
. The report shall identify the income of persons residing in the
and the housing costs, including rents, mortgages,
and association fees being charged, and any other relevant information requested by the HCD Director to verify the
is being utilized for affordable housing.
5. Compliance measures can be required at the time of approval, including but not limited to contracts, restrictive covenants, deed restrictions and stipulated penalties.
(Am. Ord. 11246, 2/18/2015; Am. Ord. 11640, 4/23/2019; Am. Ord. 11977, 12/20/2022)
5.12.9. GREATER INFILL INCENTIVE SUBDISTRICT (GIIS)
A. GIIS Land Uses
Permitted land uses in the GIIS are determined by Section 5.12.8.A.
B. Modifications of Underlying
Except as provided in Subsection C below, the requirements in the following sections of the UDC may be modified up to 25 percent of the dimension amount permitted by the underlying zoning: Article 6, Dimensional Standards and Measurements; Section 7.4, Motor Vehicle & Bicycle Parking; Section 7.5, Off- Street Loading; Section 7.6, Landscaping and Screening. Section 7.7, Native Plant Preservation may not be modified.
C. Exceptions
The following sections of the UDC may be modified in excess of 25 percent to the extent specified below upon findings by the PDSD Director that the modification is consistent with Section 5.12.1, Purpose.
1. Article 6, Dimensional Standards and Measurements
a.
(1) For all
other than residential uses in the underlying I-1 and I-2
,
may be increased up to 60 feet unless the current zoning allows a greater height or where the IID Plan’s Development Transition Standards as provided in Section 5.12.8.B require less.
(2)
of residential uses in the underlying I-1 and I-2
, shall follow
requirements of the R-3
district, and may be modified in accordance with Section 5.12.9.B.
(3) Exception: affordable housing
are governed by the standards of UDC Section 5.12.8.H.
b.
Perimeter Yard
requirements may be reduced or waived if the PDSD Director determines that the request is consistent with the
. The Director of the Department of Transportation and Mobility, may modify the
setback if there is adequate sight visibility, no traffic safety issue is created, the reduction complies with the
of Section 5.12.8.B, and the
does not create a future roadway expansion problem. This provision may apply to
setbacks in the DCS and DLS.
c. Residential
(1) For all
other than residential in the underlying I-1 and I-2
, no residential
apply.
(2) Residential
calculations for residential uses in the underlying I-1 and I-2
, shall follow
requirements of the R-3 zone district.
(3) Exception: affordable housing projects are governed by the
of UDC Section 5.12.8.H.
a. Parking
Parking as required by Section 7.4, Motor Vehicle and Bicycle Parking, may be reduced up to 25 percent. Parking may be decreased by more than 25 percent per a written agreement with the Park Tucson, or in accordance with Section 5.12.6.M, IID Parking Plan, if the analysis and findings show the proposed parking is adequate.
b. Accessible Parking and
(1) The number and location of accessible parking spaces required by the
adopted Building Code shall not be reduced or eliminated and shall be based on the number of motor vehicle parking spaces required prior to any modification.
(2)
may not be reduced or eliminated and must be based on the number of
required by Section 7.4.8 for the use.
c. Location
Parking may be provided by any one of the following options or by a combination of the following options:
(1) On-site;
(2) Off-site within one-fourth of a mile of the
through a shared parking agreement with the ;
(3) With the approval of the Department of Transportation, proposals for non-residential uses may provide up to five
spaces on a collector or
where parking is permitted.
loading may be reduced or waived if PDSD and the Department of Transportation determine that no traffic safety issue is created.
4. Solid Waste Collection
On-site refuse collection container governing access, type, and location may be modified if the Environmental Services Department determines that no public health or traffic safety issue is created.
b. Except as required by Section 5.12.8.B, Development Transition Standards, a complete or partial exception to Section 7.6, Landscaping and Screening Standards, may be granted if shade is provided for pedestrians and customers, such as along sidewalks, pedestrian circulation paths, and outdoor patios, in accordance with Section 5.12.6.A.2. The landscaping requirement may also be waived by the PDSD Director based on a written finding that the waiver is necessary to preserve the prevailing setback.
c. Any one or more of the following types of landscaping and
may be used to comply with this section:
(1) Existing landscaping;
(2) Shade trees in the
;
(3) Green walls or green roofs; and/or
(4) Shade
, such as awnings.
6. Pedestrian Access
Alternative pedestrian access that creates connectivity between public entrances to the
and
sidewalks may be allowed as long as no safety hazard is created. All pedestrian access shall conform to the accessibility of the
adopted Building Code.
(Am. Ord. 11246, 2/18/2015; Am. Ord. 11977, 12/20/2022)
5.12.10. DOWNTOWN CORE SUBDISTRICT (DCS)
A. Permitted Uses
With the exception of detached single-family dwellings, which are not allowed, permitted uses in the DCS are
listed in Section
5.12.8
.A.
B.
The following apply to all within the DCS:
1.
a. Maximum
may be increased up to 60 feet unless the current zoning allows a greater height or where the approved IID Plan’s Development Transition Standards requires less.
b. In the underlying I-1 and I-2
, uses permitted in the DCS under Section 5.12.8.A, other than residential uses, above are limited to a maximum 75 foot
.
c. Residential uses in the underlying I-1 and I-2
, are limited to a maximum 60 foot
.
d. Exception: affordable housing projects are governed by the
of UDC Section 5.12.8.H.
2. Residential Density
a. Residential uses in the underlying I-1 and I-2
shall follow residential density requirements of the C-3
district.
b. Residential uses where the underlying zoning is not the I-1 or I-2
, shall follow residential
requirements of the underlying
.
c. Exception: affordable housing projects are governed by the standards of UDC Section 5.12.8.H.
3. When provided,
shall be in accordance with the
drought-tolerant plant list;
4.
parking shall be provided when motor vehicle parking is provided. The required number of
may be reduced pursuant to an IID Parking Plan, Section 5.12.6.M when
parking is required per this section;
5. Where applicable, applicants are strongly encouraged to comply with Section 7.7, Native Plant Preservation; and,
C. Exemptions
Except as provided in this section, within the DCS is exempt from the following unless the PDSD Director makes a finding that public safety and health would be jeopardized:
3. Maximum lot coverage standard as provided in Section 6.3;
4. Minimum lot size standard as provided in Section 6.3,
8. Section 7.7, Native Plant Preservation, except when the property includes a drainage corridor where native plants are present or when the property is to a drainage corridor and remnant native plants are present on the
.
D. Other Permitted Modifications
1. Pedestrian Access
Alternative pedestrian access that creates connectivity between public entrances to the
and
sidewalks may be allowed as long as no safety hazard is created. All pedestrian access shall conform to the
adopted Building Code.
2. Solid Waste Collection
On-site refuse collection container governing access, type, and location may be modified if the Environmental Services Department determines that no public health or traffic safety issue is created.
(Am. Ord. 11246, 2/18/2015; Am. Ord. 11977, 12/20/2022)
5.12.11. DOWNTOWN LINKS SUBDISTRICT (DLS)
FIGURE 5.12-DLS-A: MAP OF DOWNTOWN LINKS SUB-DISTRICT
A. DLS Areas and Sub-Areas
The DLS is divided into the following Areas:
1. Toole Avenue Area (TAA)
a. Toole Avenue Sub-Area (TAS)
b. UA Annex Sub-Area (UAS)
c. El Presidio Sub-Area (EPS)
2. Warehouse Triangle Area (WTA)
3. Fourth Avenue Area (FAA)
a. Fourth Avenue Historic Sub-Area (FHS)
b. Fourth Avenue Sub-Area (FAS)
4. Iron Horse Area (IHA)
a. Armory Park and Iron Horse, Mixed Use Sub-Area (AIH-MS)
b. Iron Horse, Low Density Residential Sub- Area (IH-RS)
5. Stone/Sixth Area (SSA)
a. Stone Sub-Area (STS)
b. Sixth Street Sub-Area (SSS)
B. Required Use and
and Notations
1. Required use and in the DLS Sub-Areas are set forth in the Tables and Diagrams for each DLS Area. Uses that are similar in nature and intensity as those listed may be permitted by Special Exception through the procedures for Special Exceptions in Section 4.3.2, provided the PDSD Director finds the proposed use to be in accordance with Section 5.12.1, Purpose.
2. The numbers in the Tables following a use or a standard correspond to the specific requirements of that use or standard (see Tables in each Sub-Area)
3. The letters in the Tables correspond to the letters in the Diagrams in each Sub-Area.
4. Illustrations and Figures used in the DLS are not regulatory unless referred to by a table.
5. To encourage innovative design solutions, Section 5.12.8.C may be used for an urban design best practice option.
6. Open space refers to public, private, and common area locations. Balconies are not considered open space. Common areas may include areas used by tenants or customers and/or the public where practicable. The percentage of open space in all Area and Sub- Area may be calculated as a combination of all three types of open space. Open space is encouraged at the
level. Pedestrian access to open space may be required as determined practicable by the PDSD Director.
7. In the event that a
has ownership of property on both sides of an
(named or unnamed), the indicated
and bulk reduction prescribed below, may be waived. The waiver can be issued if it is warranted by best practices, it does not significantly impact privacy, and has been recommended by the
and approved by the PDSD Director.
C. Permitted Uses for all Areas and Sub-Areas in the DLS
Permitted land uses under the DLS zoning option are shown in Table 5.12-DLS-1 for each DLS Area; Use Specific
for Table 5.12-DLS-1 are listed below.
1. In the UAS all land uses must comply with the as set forth in the I-1 underlying zoning except that residential uses for C-3 zoning are allowed. Automotive service uses are not permitted.
2. Uses similar in nature and intensity to the uses permitted in the DLS may be permitted as a Special Exception land use pursuant to the Special Exception Process under Section 3.4.2.
TABLE 5.12-DLS-1
PERMITTED USES
| |||||||||
LAND USE TYPE
|
PERMITTED USES IN THE FOLLOWING DLS AREAS
| ||||||||
TAS
|
UAS
|
EPS
|
WTA
|
FAA
|
AIH- MS
|
IH-RS
|
STS
|
SSS
| |
COMMERCIAL SERVICES GROUP
| |||||||||
PERMITTED USES
| |||||||||
LAND USE TYPE
|
PERMITTED USES IN THE FOLLOWING DLS AREAS
| ||||||||
TAS
|
UAS
|
EPS
|
WTA
|
FAA
|
AIH- MS
|
IH-RS
|
STS
|
SSS
| |
COMMERCIAL SERVICES GROUP
| |||||||||
Administrative and Professional Offices | P | P | P | P | P | P (1) | P | P | |
Sale: Microbrewery as an
to this group | P | P | P | P | P | P (1) | P (1) | P | |
Services | P (2) | P (2) | P (2) | P (2) | P (2) | P (2) | P (2) | P (2) | |
Commercial Recreation | P (3) | P (3) | P (3) | P (3) | P (3) | P (3) | P (3) | ||
Day Care | P | P | P | P | P | P (1) | P | P | |
Entertainment | P (3) | P (3, 4) | P (3, 4) | P (3, 4) | P (3, 4) | P (3, 4) | P (3, 4) | ||
Financial Services | P (5, 6) | P (5, 6) | P (5, 6) | P (5, 6) | P (5, 6) | P (1, 5, 6) | P (1, 5, 6) | P (5, 6) | |
Food Service | P (7, 8) | P (7, 8) | P (7, 8) | P (7, 8) | P (7, 8) | P (1, 7, 8) | P (1, 7, 8) | P (7, 8) | |
Medical Services - Outpatient | P (9) | P (9) | P (9) | P (9) | P (9) | P (9) | P (9) | P (9) | |
Parking | P | P (12) | P (12) | P (12) | P | P (12) | |||
Personal Services | P | P | P | P | P | P (1) | P | P | |
Research and Product Development | P (10) | P (10) | P (10) | P (10) | P (10) | P | P (10) | P (10) | |
Technical Services | P | P | P | P | P | P | P | ||
Trade Service and Repair- Minor | P | P | P | P | P | P (1) | P | P | |
Transportation Service- Land Carrier | P (11) | P (11) | P (11) | P (11) | P (11) | P (11) | P (11) | ||
Travelers Accommodations, Lodging | P (13) | P (13) | P (13) | P (13) | P (1, 13, 14) | P (13) | P (13) | ||
RETAIL USE GROUP
| |||||||||
Food and Beverage Sales | P (5) | P (5) | P (5) | P (5) | P (5) | P (1, 5, 18) | P (5) | P (5) | |
General Merchandise Sales | P (5, 15, 16, 17) | P (5, 15, 16, 17) | P (5, 15, 16, 17) | P (5, 15, 16, 17) | P (5, 15, 16, 17) | P (1, 5, 15, 16, 17) | P (5, 15, 16, 17) | P (5, 15, 16, 17) | |
Vehicle Rental | P (12) | P (12) | P (12) | P (12) | P (12) | P (12) | P (12) | ||
CIVIC USE GROUP
| |||||||||
Civic Assembly | P | P | P | P | P | P | P | P | |
Cultural Use | P | P | P | P | P | P | P | P | |
Educational Uses Post-secondary Institution or Instructional School | P | P | P | P | P | P | P | ||
Membership Organization | P | P | P | P | P | P | P | ||
Postal Services | P | P | P | P | P | P | P | P | P |
Religious Use | P | P | P | P | P | P | P | P | P |
Protective Services | P | P | P | P | P | P | P | P | |
RECREATIONAL USE GROUP
| |||||||||
Parks and Recreation | P (3) | P (3) | P (3) | P (3) | P (20) | P (20) | P (3) | P (3) | |
RESIDENTIAL USE GROUP
| |||||||||
Family Dwelling | P (28) | P (28) | P (28) | P (28) | P (28) | P (28) | P | P (28) | P (28) |
P (29) | P (29) | P (29) | P (29) | P (29) | P (29) | P (29) | |||
Artist Studio/Res. | P (19) | P (19) | P (19) | P (19) | P (19) | P (19) | P (19) | P (19) | P (19) |
Residential Care Services- Adult Care Service or Physical or Behavioral Health | P (21, 23) | P (21, 23) | P (21, 23) | P (21, 23) | P (21, 23) | P (21, 23) | P (21, 23) | P (21, 23) | |
Residential Care Services/ Rehabilitation Services | P (22) | P (22, 23) | P (22, 23) | P (22, 23) | P (22, 23) | P (1, 22, 23) | P (22, 23) | P (22, 23) | |
Home Occupation | P (24) | P (24) | P (24) | P (24) | P (24) | P (24) | P (24) | P (24) | P (24) |
INDUSTRIAL GROUP
| |||||||||
Craft work | P | P | P | P | P | P | P | P | P |
General Manufacturing | P (25) | P (25) | P (25) | P(25) | P (25) | P (25) | P (25) | ||
Perishable Goods Manufacturing - | P (26) | P(26) | P(26) | P(26) | P (1) (26) | P(26) | P(26) | P(26) | |
Precision Manufacturing | P (25) | P (25) | P (25) | P (25) | P (25) | P (25) | P (25) | ||
Primary Manufacturing | P (25) | P (25) | P (25) | P (25) | P (25) | P (25) | P (25) | ||
Salvaging or Recycling | P (27) | P (27) | P (27) | P (27) | P (27) | P (27) | P (27) | ||
D. Use Specific
for Table 5.12-DLS-1
1. Permitted only on Ninth Street in the AIH-MS. Permitted only in Stone Avenue in STS.
2. The use must be entirely contained in the interior of the
and is not permitted in any yard or patio.
3. Large recreational facilities of more than 25,000 sq. ft. of floor area (including gross floor area and any outside areas providing service to the public) are not allowed.
4. Circuses, carnivals, or tent shows are not allowed.
5. Drive-through services are not allowed.
6. Non-chartered financial institution facilities, such as payday loan facilities are not allowed.
7. Drive-in and drive-through restaurants are not allowed.
8. Soup kitchens are not allowed.
9. Blood donor centers are not allowed.
10. Only scientific, non-industrial type of research and development is allowed.
11. The use is limited to public transit stops.
12.
No surface
. Vehicle parking must be located in a
. It is recognized that
may be proposed in phases. In the event that Phase 1 of a
is unable to provide structured parking, temporary surface parking may be acceptable, if it is recommended by the
and determined to meet the purpose of the IID, per Section 5.12.1, by the PDSD Director. The applicant must demonstrate that there is a good faith effort to provide the structured parking in future phases. If, after five years, the temporary parking is still in place, the PDSD Director has the right to review the surface parking approval and grant an extension if warranted.
13. Hotels may not provide individual room access from the exterior of the
.
14. Limited to Bed & Breakfast only. Permitted for up to 20 guests for a maximum of 14 days. No more than 20 sleeping rooms may be used by guests. Meals may be served only to guests staying at the facility. Separate cooking facilities in guest rooms are prohibited.
15. Display or storage of fertilizer, manure, or other odorous material is not allowed.
16. Gas stations are not allowed.
17. Motor vehicle sales are not allowed.
18. No
sales.
19. Adequate measures required to assure the health, safety and welfare of the occupants or residents' property in relation to any industrial process, use or storage. Additionally, appropriate building code occupancy separation must be ensured. On-site sale of the artists' products, including occasional shows of the artist' works are permitted secondary uses.
20. Limited to Neighborhood Parks Recreation. In addition to City of Tucson/Pima County Outdoor Lighting Code Chapter 6, Section 601- 603, Recreational Facilities, any outdoor lighting associated with the use must be located and directed to eliminate glare toward streets and
residential areas.
21. Care is permitted for a maximum of 20 residents.
22. Care is permitted for a maximum of 10 residents.
23. If licensing is required by the state of Arizona for the use, proof of such licensure must be provided.
24. Permitted as an
to a Family Dwelling, excluding Day Care and Traveler's Accommodation Lodging. The use may not create any nuisance, hazard or other offensive condition, such as that resulting from noise, smoke, dust, odors or other noxious emissions.
25. Permitted as an
to the Commercial Services and Retail use groups, and limited to 50% of the gross floor area.
26. Limited to baked goods, confectionary other food products manufacturing.
27. Permitted as an
to religious, commercial services, retail trade use groups and educational use. Salvaging and recycling is limited to recycling collection bins and to empty household product containers, such as, but not limited to, aluminum cans, glass and plastic bottles, and newspaper.
28. For Family Dwelling uses, only Multifamily Dwelling
and Single-family Attached
are allowed.
E. Downtown Links Roadway
under the Downtown Links Sub-District portion or the UDC is prohibited within the
of the future downtown links roadway
. Preliminary location of future
is depicted on sub-area maps.
F. Historic Preservation
The maps included in this document attempt to show the "contributing" or "eligible" properties from information available as of June 2014. It is the responsibility of each applicant for this zoning option to verify the current eligibility status of the property in question with the Office of Historic Preservation.
G. Loading, Solid Waste, Landscaping and Screening for all Areas and Sub- Areas in the DLS
Loading and solid waste collection and landscaping and screening requirements in all DLS Areas and Sub-Areas are provided in Table 5.12-DLS-2.
TABLE 5.12-DLS-2
LOADING AND SOLID WASTE |
Solid waste collection requirements must comply with COT Administrative Manual Section 8.01 et seq. for solid waste. (2) |
LANDSCAPING AND SCREENING |
A complete or partial exception to the landscaping and screening requirements in Section 7.6 may be granted by the PDSD Director, if shade along sidewalks, pedestrian circulation paths or outdoor patios is provided for pedestrians and customers in accordance Section 5.12.6.A.2. Alternative pedestrian access that creates connectivity between public entrances to the
and
sidewalk is allowed if no safety hazard is created. All pedestrian access must conform to the accessibility of the
Building Code. |
SPECIFIC 1. Off-street loading may be reduced or waived if PDSD and the Dept. of Transportation determine that no traffic safety issue is created. 2. On-site refuse collection container requirements governing access, type, and location may be modified if the Environmental Services Dept. determines that no public health or traffic safety issues are created. Group solutions (multiple site, multiple owners) to refuse collection are encouraged. |
H. Solar Exposure
Solar Exposure for all Sub-Districts in the DLS provided in Table 5.12- DLS-3.
TABLE 5.12-DLS-3
SOLAR EXPOSURE | ||
Maximum Glass on East and West | 50% of Façade | |
Minimum shade on East and West glass (1) | 50% | |
Maximum glass on North and South | Unlimited | |
Minimum shade on North and South glass | 0% | |
SPECIFIC REQUIREMENTS 1. Percentage of glass must be shaded between 10 AM and 3 PM between May through October. | ||
I. Parking
Parking for all DLS Areas and Sub-Areas are shown in Figure 5.12-E and Table 5.12-DLS-5. Additionally the General IID parking in Section 5.12.6.M apply.
FIGURE 5.12.E
TABLE 5.12-DLS-5
PARKING | ||
Location (Distance from Property Line) | ||
Setback (5) | 30 Ft. | T |
Pedestrian Easement Setback | 5 Ft. | U |
Side Setback (8) | 0 Ft. | V |
Required Spaces | ||
Off-street (1, 4) | Non-residential = 0 Residential = 1/DU | |
Accessible (2, 3) | Compliance with the accessible parking requirements in the UDC for the underlying . | |
(2) | Compliance with the requirements in the UDC for the underlying . | |
Vehicular Access Points (9) | ||
Maximum Allowable Width | 24 Ft. | W |
Maximum Allowable Number | 1 Drive/Primary Street (6) | X |
Access (7) | 1 Drive per property at FAS and IHA-RS Sub-Areas only | Z |
SPECIFIC REQUIREMENTS 1. Commercial parking not required. Residential uses are required to provide 1 space per unit. Further reduction in required on-site residential parking can be achieved through an IID Parking Plan prepared pursuant to Section 5.12.E; leased spaces from an off-site location; or an on-site care-share program. 2. Required accessible spaces and
may not be reduced or eliminated. The number of required accessible spaces is governed by the Building Code. The number of
required for a proposed use is governed by Section 7.4.8. 3. Accessible spaces may be provided 1) on-site, 2) off site within one quarter of a mile of the
through a shared parking agreement, or 3) on street on the same side of the
up to five spaces. 4. Surface parking is allowed only within a
at sites developed with Floor Area Ratios of 3.0 and above. 5. In the Armory Park, Low Density Residential Infill Sub-Area, parking setback may be reduced to 10 feet from the front property line. 6. At corner lots, vehicular access points may not be located on a primary
. At all other lots, vehicular access points are limited to one per primary
, except in the Fourth Avenue Sub-Area (FAS), where vehicular
may not be located on Fourth Avenue. 7. Access to parking spaces in the Iron Horse, Low Density Residential Infill Sub-Area and the Fourth Avenue Historic and Fourth Avenue Sub-Areas may be had by way of existing (Z). 8. Zero foot setback is also allowed at Union Pacific frontage. 9. In the El Presidio Sub-Area (ESP) vehicular access to Block 175 (bounded by Church Avenue, Council Street, Court Avenue, and Franklin Street) Shall be limited to access from Church Avenue. | ||
J.
and Pedestrian
in the DLS is intended to encourage and support an active, secure and comfortable pedestrian environment. Property fronting
and pedestrian lanes should have interesting treatments, such as landscaping and wall art.
and pedestrian
are opportunities for a great place to walk and other active uses, such as spillover activities from the ground level Commercial Services and Retail Trade uses. Special festive lighting is encouraged in
to complement
lighting and to illuminate the space for events. At corner sites,
design and orientation may be organized to have active "frontage" on the
. Architectural elements such as landscaping should be incorporated into properties fronting
to screen utility service activities.
(Ord. 11246, 2/18/2015; Am. Ord. 11977, 12/20/2022)
5.12.12. TOOLE AVENUE AREA (TAA)
Toole Avenue Sub-Area (TAS)
The intent of this is to allow for and encourage of northern Toole Avenue as per the Historic Warehouse Arts
Master plan. Incentives offered under the Downtown Core Sub-district of the infill incentive such as exemptions from MS&R setback, perimeter yards, lot coverage, parking and landscape screening requirements are included under this . Additionally, multifamily residential (not currently allowed in the underlying I-1 ) shall be permitted.
UA Annex Sub-Area (UAS)
The intent of this is to allow for multifamily residential uses in areas that are within the underlying I-1 zoning, as well as to allow for parking incentives.
El Presidio Sub-Area (EPS)
El Presidio is one of Tucson's most historically significant neighborhoods and one of the country's oldest continuously inhabited places. Immediately to downtown, the neighborhood is located in the area of the 1776 Spanish fortress, Presidio San Agustin del Tucson. El Presidio is Tucson's birthplace, and as such, specific
,
, and reductions in required parking has been mapped out to encourage density within this historic context. The bridging downtown and El Presidio should protect the historic integrity and honor the distinctive character of this unique neighborhood.
FIGURE 5.12-TAA-A: MAP OF TOOLE AVENUE AREA AND SUB-AREAS
A. Toole Avenue Sub-Area (TAS)
1.
Figure 5.12-TAA-A shows the boundaries of the TAA and its Sub-Areas. Toole Avenue Sub-Area zoning regulations contained herein may be used in lieu of underlying zoning.
2.
Placement
placement and setback requirements in the TAS are as shown in Figure 5.12-TAS-A and Table 5.12-TAS-1.
FIGURE 5.12-TAS-A
TABLE 5.12-TAS-1
UA ANNEX SUB-AREA | ||
PLACEMENT | ||
Build to Line (Distance from Property Line) (1) | ||
Side | 0 Ft. | A |
Setback (Distance from Property Line) | ||
Side Yard | 0 Ft. | B |
Rear Yard | 0 Ft. | C |
SPECIFIC REQUIREMENTS 1. Build-to line is defined as the line at which construction of a
façade is to occur on a lot. A build-to line runs parallel to, and is measured from,
front property lines and is established to create an even
façade line on a
. Build-to line applies to
frontage only (both primary and secondary streets at corner lots) and only applies when new
exceeds 25% of the site area. Where applicable 75% of new
frontage must be located at or near the build-to line. | ||
3.
, Floor Uses
and floor use requirements in the TAS are as shown in Figure 5.12-TAS-B and Table 5.12-TAS-2.
FIGURE 5.12-TAS-B
TABLE 5.12-TAS-2
TOOLE AVENUE SUB-AREA | ||
Mid-Rise (1) | Six stories with a maximum height of 75 feet | D |
Low-Rise | Two stories with a maximum height of 25 feet | E |
First Floor Ceiling | 12 Ft. Min Clearance | F |
(distance from property line) | ||
Mid-Rise Side Yard Setback | 20 Ft. | G |
Mid-Rise Street Side Setback | 40 Ft. | H |
FLOOR USES | ||
Ground Floor (2,3,4,5) | Commercial Services and Retail Trade Uses that encourage
level activity are preferred, but office or residential uses may be used if the Commercial Services and Retail Trade Uses are not supported by market demand and contingent on new meeting all other requirements of this table. | I |
Upper Floors | Residential or Commercial Services | J |
SPECIFIC REQUIREMENTS 1. Mid-Rise
is 6 Stories or 75 Ft. (D) from the mid-rise setbacks (G, H). 2. All new construction shall have scale-defining architectural elements or details at first two levels. 3. A single plane of façade at the
level may not be longer than 50 Ft. without architectural relief or articulation such as windows, trellises and arcades. 4. Uses that create significant human activity at
level such as pedestrian traffic and increases in business activity. 5. First floor level to be differentiated in form from upper levels. | ||
4. Lot Coverage, Open Space, Pedestrian Access
Lot coverage, open space and pedestrian access requirements in the TAS are as shown in Figure 5.12-TAS-C and Table 5.12-TAS-3.
FIGURE 5.12-TAS-C
TABLE 5.12-TAS-3
TOOLE AVENUE SUB-AREA | ||
OPEN SPACE | ||
Lot Coverage | ||
Maximum Lot Coverage (1) | 100% | |
Open Space | ||
Open Space at Multi-Unit Dwellings (2,3,4) | 30 Sq. Ft./DU or 20% of Lot Area (7) | |
Open Space Non-Residential (2,3,4) | Min. of 30% of Lot Area | |
Minimum Landscape Area | 50% of Open Space (8) | |
Pedestrian Access (5) | ||
Pedestrian Access to Open Space | Required | K |
Main Entrance Location (6) | Primary Street (Toole Ave.) | L |
SPECIFIC REQUIREMENTS 1. Lot Coverage is defined as the area of a site covered by
, storage areas and vehicular use areas. 2. Usable open space does not need to be located on the ground - green roof or terrace is acceptable. 3. Usable open space may be any combination of private and common space. 4. Parking may not be counted as open space. 5. Adequate shade shall be provided for sidewalks and pedestrian pathways, using shade
or vegetation. 6. Main entrance locations shall be directly accessed from a sidewalk along a
rather than from a parking lot. 7. Open space at multi-dwelling units is 30 Sq. Ft. per dwelling unit or 20% of lot area, whichever is greater. 8. Minimum landscape requirement applies only to common area open space. | ||
5.
Massing
Massing
in the TAS are as shown in Figure 5.12-TAS- D and Table 5.12- TAS-4. The
Massing
apply to all Sub-Areas in the Toole Avenue Area.
FIGURE 5.12-TAS-D
TABLE 5.12-TAS-4
TOOLE AVENUE SUB-AREA | ||
MASSING | ||
Articulation | ||
Maximum unbroken
mass (1) | 50 Ft. Max. | M |
Bulk Reduction (Mid-Rise) | ||
Bulk Reduction Setback (2) | 12 Ft. Min. | N |
Bulk Reduction Required Area | 50% of Façade | O |
Bulk Reduction | Required Above Second Floor | P |
SPECIFIC REQUIREMENTS 1. Any
over 50 Ft. wide must be broken down to read as a series of
no wider than 50 Ft. And should include a variety of façades. (M) 2. A step-back bulk reduction area a minimum of 12 ft. in depth (N) is required for at least 50% of the façade (O). No bulk reduction is required below the third floor. See figures above. | ||
B. UA Annex Sub-Area (UAS)
1.
Figure 5.12-TAA-A shows the boundaries of the TAA and its sub-areas. Zoning option
for the UAS may be used in lieu of underlying zoning.
2. Residential Density
Within the UAS the maximum permitted residential density is 100 DU/AC, regardless of commercial use.
3.
Placement
placement requirements in the UAS are as shown in Figure 5.12- UAS-A and Table 5.12-UAS-1.
FIGURE 5.12-UAS-A
TABLE 5.12-UAS-1
UA ANNEX SUB-AREA | ||
PLACEMENT | ||
Build to Line (Distance from Property Line) (1) | ||
Side | 0 Ft. | A |
Setback (Distance from Property Line) | ||
Side Yard | 0 Ft. | B |
Rear Yard | 0 Ft. | C |
SPECIFIC REQUIREMENTS 1. Build-to line is defined as the line at which construction of a
façade is to occur on a lot. A build-to line runs parallel to, and is measured from,
front property lines and is established to create an even
façade line on a
. Build-to line applies to
frontage only (both primary and secondary streets at corner lots) and only applies when new
exceeds 25% of the site area. Where applicable 75% of new
frontage must be located at or near the build-to line. | ||
4.
, Floor Uses
and floor use requirements in the UAS are as shown in Figure 5.12-UAS-B and Table 5.12-UAS-2.
FIGURE 5.12-UAS-B
TABLE 5.12-UAS-2
UA ANNEX SUB-AREA | ||
Mid-Rise (1) | 75 Ft. Maximum or 6 Stories | D |
Low-Rise | 25 Ft. Maximum or 2 Stories | E |
Setbacks (distance from property line) | ||
Mid-Rise Side Setback | 20 Ft. | F |
FLOOR USES | ||
Ground Floor (2,3,4,5) | Commercial Services and Retail Trade Uses ready that encourage
level activity are preferred, but office or residential uses may be used if Commercial Services and Retail Trade Uses are not supported by market demand and contingent on new meeting all other requirements of this table. | G |
Upper Floors | Residential or Commercial Services | H |
SPECIFIC REQUIREMENTS 1. Mid-Rise
is 6 Stories or 75 Ft. (D) from the mid-rise setback (F). 2. All new construction shall have scale-defining architectural elements or details at first two levels. 3. A single plane of façade at the
level may not be longer than 50 Ft. without architectural relief or articulation such as windows, trellises and arcades. 4. Uses that create significant human activity at
level such as pedestrian traffic and increases in business activity is achieved by providing a mix of commercial, retail, office and residential uses at the
level. 5. First floor level to be differentiated in form from upper levels. | ||
5. Lot Coverage, Open Space, Pedestrian Access
Lot Coverage, open space, and pedestrian access requirements in the UAS are as shown in Figure 5.12-UAS-C and Table 5.12-UAS-3.
FIGURE 5.12-UAS-C
TABLE 5.12-UAS-3
UA ANNEX SUB-AREA | ||
OPEN SPACE | ||
Lot Coverage | ||
Maximum Lot Coverage (1) | 100% | |
Open Space | ||
Open Space at Multi-Unit Dwellings (2,3,4) | 30 Sq. Ft./DU or 30% of Lot Area (5) | |
Open Space Non-Residential (2,3,4) | Min. of 30% of Lot Area | |
Minimum Landscape Area | 50% of Open Space (7) | |
Pedestrian Access | ||
Pedestrian Access to Open Space | Required | I |
Main Entrance Location (6) | Primary or Secondary Street | J |
SPECIFIC REQUIREMENTS 1. Covered by impervious surfaces such as, but not limited to
, drives, or parking. 2. Usable open space does not need to be located on the ground - green roof or terrace is acceptable 3. Usable open space may be any combination of private and common space. 4. Parking may not be counted as open space. 5. Open space at multi-dwelling units is 30 Sq. Ft. per dwelling unit or 30% of lot area, whichever is greater. 6. Main entrance locations shall be directly accessed from a sidewalk along a
rather than from a parking lot. 7. Minimum landscape requirement applies only to common area open space. | ||
6.
Massing
massing requirements in the UAS are as shown in Figure 5.12- UAS-D and Table 5.12-UAS-4.
FIGURE 5.12-UAS-D
TABLE 5.12-UAS-4
UA ANNEX SUB-AREA | ||
MASSING | ||
Articulation | ||
Maximum unbroken
mass (1) | 50 Ft. Max. | K |
View Corridors | ||
Low-Rise Façade (2) | 25% of Façade Min. | L |
Mid-Rise Façade (3) | 150 Linear Ft. Unbroken Max. | M |
Low-Rise Height | 25 Ft. Max or 2 Stories | N |
SPECIFIC REQUIREMENTS 1. Any
over 50 Ft. wide must be broken down to read as a series of
no wider than 50 Ft. and should include a variety of façades. 2. To preserve view corridors, a minimum of 25% of the façade must be set aside as low-rise, and the low-rise façade may not exceed 2 stories or 25 Ft. in height. On corner lots this requirement applies to one
only. 3. Mid-rise façades of more than 150 continuous linear feet must be broken by a mid-rise façade not to exceed 4 stories or 50 Ft. in height as shown in the Figure above. | ||
C. El Presidio Sub-Area (EPS)
1.
Figure 5.12-TAA-A shows the boundaries of the TAA and its sub-areas. In the El Presidio Sub-Area the zoning regulations contained herein may be used in lieu of underlying Zoning.
2. Residential Density
Within the El Presidio Sub-Area the maximum permitted residential density is 100 DU/AC regardless of commercial use.
3.
Placement
placement and setback requirements in the EPS are as shown in Figure 5.12-EPS-A and Table 5.12-EPS-1.
FIGURE 5.12-EPS-A
TABLE 5.12-EPS-1
EL PRESIDIO SUB-AREA | ||
PLACEMENT | ||
Build to Line (Distance from Property Line) | ||
or (1,2) | 0 Ft. | A |
Setback (Distance from Property Line) | ||
Side Yard | 0 Ft. | B |
Pedestrian Lane | 0 Ft. | C |
SPECIFIC REQUIREMENTS 1. Build-to line is defined as the line at which construction of a
façade is to occur on a lot. A build-to line runs parallel to, and is measured from,
front property lines and is established to create an even
façade line on a
. Build-to line applies to
frontage only (both primary and secondary streets at corner lots) and only applies when new
exceeds 25% of the site area. Where applicable 75% of new
frontage must be located at or near the build-to line. 2.
that develop 50% or more of mid-block land shall set aside a pedestrian lane for pedestrian access. | ||
4.
, Floor Uses
and floor use requirements in the EPS are as shown in Figure 5.12-EPS-B and Table 5.12-EPS-2.
FIGURE 5.12-EPS-B
TABLE 5.12-EPS-2
EL PRESIDIO SUB-AREA | ||
Maximum (1) | 160 Ft. Max or 14 stories | |
High-Rise | 90 Ft. -160 Ft. | |
Mid-Rise | 50 Ft. - 90 Ft. | |
Low-Rise | 30 Ft. -50 Ft. | |
Historic
Height Setback (2) | Consistent with Historic | |
Block 175
(3) | ||
Floors 6-7 | 90 Ft. Max or 7 | C |
Floors 3-5 | 65 Ft. Max or 5 | D |
Floor 2 | 30 Ft. Max or 2 | E |
Floor 1 | Consistent with ct * | F |
Block 175
(3) | ||
Mid-Rise Setback | 50 Ft. | G |
Low-Rise Setback | 50 Ft. | H |
Historic
Height Setback | 15 Ft. | I |
FLOOR USES | ||
Ground Floor (4,5) | Commercial Services or Retail | |
Upper Floors | Residential Services | |
SPECIFIC REQUIREMENTS 1. Maximum
is 160 Ft. or 14 stories (C). See Figure 5.12-EPS-B for additional height limits and setbacks. 2.
are limited to one story. Further, heights of principal
shall not exceed height of other principal
within the and height of
shall not exceed the height of other
within the
. See Figure 5.12- EPS-B for intent.
shall be as defined by the UDC within the context of HPZ overlay
design
. 3. For Block 175, see Figure 5.12-EPS-B for specific
height and setback requirements. 4. Ground floor level to be consistent in design with HPZ
. 5.
-level activity is encouraged by * | ||
* Editor's Note: So in Ord. 11246.
5. Lot Coverage, Open Space, Pedestrian Access
Lot coverage, open space and pedestrian access requirements in the EPS are as shown in Figure 5.12-EPS-C and Table 5.12.2-EPS-3.
FIGURE 5.12-EPS-C
TABLE 5.12-EPS-3
EL PRESIDIO SUB-AREA | ||
OPEN SPACE | ||
Lot Coverage | ||
Maximum Lot Coverage (1) | 100% | |
Open Space | ||
Open Space at Multi-Unit Dwellings (2,3,4) | 30 Sq. Ft./DU or 30% of Lot Area (7) | |
Open Space Non-Residential (2,3,4) | Min. of 30% of Lot Area | |
Minimum Landscape Area | 50% of Open Space (9) | |
Pedestrian Access (5) | ||
Pedestrian Access to Open Space | Required | L |
Main Entrance Location (6) | Primary Street | M |
Pedestrian Lanes (8) | ||
Minimum Width | 30 Ft. | N |
SPECIFIC REQUIREMENTS 1. Covered by impervious surfaces such as, but not limited to
, drives, or parking. 2. Usable open space does not need to be located on the ground - green roof or terrace is acceptable. 3. Usable open space may be any combination of private and common space. 4. Parking may not be counted as open space. 5. Adequate shade shall be provided for sidewalks and pedestrian pathways, using shade
or vegetation. 6. Main entrance locations shall be directly accessed from a sidewalk along a
rather than from a parking lot. 7. Open space at multi-dwelling units is 30 Sq. Ft. per dwelling unit or 30% of lot area, whichever is greater. 8. For
that propose to develop the entire
: two pedestrian lanes are required at ground level only; one running roughly north/south through the site, and the other running roughly east/west. 9. Minimum landscape requirement applies only to common area open space. | ||
6. Massing
massing requirements in the EPS are as shown in Figure 5.12- EPS-D and Table 5.12-EPS-4.
FIGURE 5.12-EPS-D
TABLE 5.12-EPS-4
EL PRESIDIO SUB-AREA | ||
MASSING | ||
Articulation | ||
Maximum unbroken
mass (1) | 50 Ft. Max. | O |
O Bulk Reduction (High Rise) | ||
Bulk Reduction Setback (2) | 12 Ft. Min. | P |
Bulk Reduction Required Area | 50% of Façade | Q |
Bulk Reduction | Required Above Fifth Floor | R |
SPECIFIC REQUIREMENTS 1. Any
over 50 Ft. wide must be broken down to read as a series of
no wider than 50 Ft. (O) and should include a variety of façades. 2. A step-back bulk reduction area a minimum of 12 ft. in depth (P) is required for at least 50% of the façade (Q). No bulk reduction is required below the sixth floor. See figures above. | ||
(Ord. 11246, 2/18/2015; Am. Ord. 11977, 12/20/2022)
5.12.13 WAREHOUSE TRIANGLE AREA (WTA)
The intent of this
is to allow for and encourage high density infill of the warehouse triangle with transit oriented and mixed use . The DL-AZ will go further than the infill incentive
in granting flexibility and incentives in many areas. Multifamily residential uses will be allowed in current I-1
, allowable
and densities are increased and will be exempt from non-residential parking requirements.
FIGURE 5.12-WTA-A: MAP OF WAREHOUSE TRIANGLE AREA
A. Warehouse Triangle Area (WTA)
1.
Figure 5.12-WTA-A shows the boundaries of the Warehouse Triangle Area. Warehouse Triangle Area optional
apply.
2.
Placement
placement requirements in the WTA are as shown in Figure 5.12-WTA-B and Table 5.12-WTA-1.
FIGURE 5.12-WTA-B
TABLE 5.12-WTA-1
WAREHOUSE TRIANGLE AREA | ||
PLACEMENT | ||
Build-to-Line (Distance from Property Line) (1) | ||
Side | 0 Ft. | A |
Setback (Distance from Property Line) | ||
Side | 0 Ft. | B |
Pedestrian Easement | 0 Ft. | B |
Side Yard | 0 Ft. | C |
SPECIFIC REQUIREMENTS 1. Build-to line is defined as the line at which construction of a
façade is to occur on a lot. A build-to line runs parallel to, and is measured from,
front property lines and is established to create an even
façade line on a
. Build-to line applies to
frontage only (both primary and secondary streets at corner lots) and only applies when new
exceeds 25% of the site area. Where applicable 75% of new
frontage must be located at or near the build-to line. 2.
side façades must be built to Build-to-Line at a minimum of 75% of the new
frontage, to help define an urban
frontage, where build-to requirements apply. 3.
and pedestrian easement side façades must be built to Build-to-Line at a minimum of 50% of new
frontage, to help define an urban edge to property. | ||
3.
, Floor Uses
and floor use requirements in the WTA are as shown in Figure 5.12-WTA-C and 5.12-WTA-2.
FIGURE 5.12-WTA-C
TABLE 5.12-WTA-2
WAREHOUSE TRIANGLE AREA | ||
Maximum (1) | 160 Ft. Max or 14 Stories | D |
First Floor Ceiling | 12 Ft. Min Clearance | E |
Minimum
at Build-to-Line | 25 Ft. | F |
Setback (Distance from Property Line) | ||
High-Rise
Frontage (2) | 20 Ft. | G |
FLOOR USES | ||
Ground Floor (2, 3, 4, 5) | Commercial Services and Retail Trade Uses ready that encourage
level activity are preferred, but office or residential uses may be used if Commercial Services and Retail Trade Uses are not supported by market demand and contingent on new meeting all other requirements of this table. | H |
Upper Floors | Residential or Commercial Services | I |
SPECIFIC REQUIREMENTS 1. No more than 14 stories and no more than 160 Ft. 2. The High-Rise Setback is 20 Ft. (G) at the
Frontage above two stories. | ||
4. Lot Coverage, Open Space, Pedestrian Access
Lot coverage, open space and pedestrian access requirements in the WTA are as shown in Figure 5.12-WTA-D and Table 5.12-WTA-3.
FIGURE 5.12-WTA-D
TABLE 5.12-WTA-3
WAREHOUSE TRIANGLE AREA | ||
LOT COVERAGE, OPEN SPACE AND PEDESTRIAN | ||
Lot Coverage | ||
Maximum Lot Coverage (1) | 100% | |
Open Space | ||
Open Space at Multi-Unit Dwellings (2, 3, 4) | 30 Sq. Ft./DU or 30% of Lot Area (7) | |
Open Space Non-Residential (2, 3, 4) | Min. of 30% of Lot Area | |
Minimum Landscape Area | 50% of Open Space (9) | |
Pedestrian Easement (8) | ||
Maximum Distance from | 125 Ft. | J |
Minimum Width | 30 Ft. | K |
Pedestrian Access (5) | ||
Pedestrian Access to Public Open Space | Required | L |
Main Entrance Location (6) | Primary Street | M |
SPECIFIC REQUIREMENTS 1. Covered by impervious surfaces such as, but not limited to
, drives, or parking. 2. Usable open space does not need to be located on the ground - green roof or terrace is acceptable. 3. Usable open space may be any combination of private and common space. 4. Parking may not be counted as open space. 5. Adequate shade shall be provided for sidewalks and pedestrian pathways, using shade
or vegetation. 6. Main entrance locations shall be directly accessed from a sidewalk along a
rather than from a parking lot. 7. Open space at multi-dwelling units is 30 Sq. Ft. per dwelling unit or 30% of lot area, whichever is greater. 8.
that develop 50% or more of the land area within the Mid-block Pedestrian Easement
(see map/plan above) shall set aside and develop a mid-block pedestrian passage and easement. 9. Minimum landscape requirement applies only to common area open space. | ||
5.
Massing
Massing
in the WTA are as shown in Figure 5.12- WTA-E and Table 5.12- WTA-4.
FIGURE 5.12-WTA-E
TABLE 5.12-WTA-4
WAREHOUSE TRIANGLE AREA | ||
MASSING | ||
Articulation | ||
Maximum unbroken
mass (1) | 50 Ft. Max. | N |
View Corridors | ||
Mid-Rise Façade (2) | 25% of Façade Min. | O |
High-Rise Façade (3) | 150 Linear Ft. Unbroken Max. | P |
Mid-Rise Height | 50 Ft. Max or 4 Stories | Q |
Build Reduction (High Rise) | ||
Bulk Reduction Setback (4) | 12 Ft. Min. | S |
Bulk Reduction Required Area | 50% of Façade Min. | R |
Bulk Reduction | Required above 4th Floor | T |
SPECIFIC REQUIREMENTS 1. Any
over 50 Ft. wide must be broken down to read as a series of
no wider than 50 Ft. (N) and should include a variety of façades. 2. To preserve view corridors, a minimum of 25% of the façade must be set aside as mid-rise (O), and the mid-rise façade may not exceed 4 stories or 50 Ft. (Q) in height. On corner lots this requirement applies to one
only. 3. High-rise façades of more than 150 continuous linear feet (P) must be broken by a mid-rise façade (O) not to exceed 4 stories or 50 Ft. (Q) in height as shown in Figure above. 4. A step-back bulk reduction area a minimum of 12 ft. in depth (S) is required for at least 50% of the façade (R). Bulk reduction is required above the fifth floor (T). See figures above. | ||
(Ord. 11246, 2/18/2015; Am. Ord. 11977, 12/20/2022)
5.12.14 FOURTH AVENUE AREA (FAA)
The intent of this
is to take advantage of the Modern Street Car
and promote medium-density infill transit-oriented .
incentives for this
include greater allowable density and zero parking requirements for commercial uses.
Fourth Avenue Historic Sub-Area (FHS)
The intent of this
is to provide parking relief for within the HPZ neighborhood portion of Fourth Avenue, but to otherwise preserve and maintain the historic character of the area.
Fourth Avenue Sub-Area (FAS)
The intent of this
is to take advantage of the Modern Street Car
and promote medium-density infill transit-oriented .
incentives for this
include greater allowable density and zero parking requirements for commercial uses.
FIGURE 5.12-FAA-A: MAP OF FOURTH AVENUE AREA AND SUB-AREAS
A. Fourth Avenue Historic Sub-Area (FHS)
1.
The Fourth Avenue Historic Sub-Area includes portions of the West University Historic Preservation
that overlap with the Downtown Links Sub-District. Properties within these areas may be developed using the optional parking
contained herein, but remain subject to all other underlying
requirements including, but not limited to, historic preservation
design
and design review.
B. Fourth Avenue Sub-Area (FAS)
1.
Figure 5.12.FAA-A depicts the boundaries of the Fourth Avenue Sub- Areas in which the Fourth Avenue Sub-Area optional zoning
apply.
2.
Placement
placement and setback requirements in the FAS are shown in Figure 5.12-FAS-A and Table 5.12-FAS-1.
FIGURE 5.12-FAS-A
TABLE 5.12-FAS-1
FOURTH AVENUE AREA | ||
PLACEMENT | ||
Setback (Distance from Property Line) | ||
Side (1) | 0 Ft. or Prevailing | A |
Side | 0 Ft. | B |
Side Yard | 0 Ft. | C |
SPECIFIC REQUIREMENTS 1.
side setbacks to be 0 Ft. or consistent with prevailing historic setback. | ||
3.
, Floor Uses
and floor use requirements in the FAS are as shown in Figure 5.12-FAS-B and Table 5.12-FAS-2.
FIGURE 5.12-FAS-B
TABLE 5.12-FAS-2
FOURTH AVENUE AREA | ||
HEIGHT | ||
Frontage (1) | 30 Ft. Max or 2 Stories | |
at Intersection (2) | 40 Ft. Max or 3 Stories | |
Mid-rise (3) | 60 Ft. Max or 5 Stories | |
(distance from property line) | ||
Mid-Rise Side Setback | 50 Ft. | D |
FLOOR USES | ||
Ground Floor (4, 5, 6, 7) | Commercial Services and Retail Trade Uses ready that encourage
level activity are preferred, but office or residential uses may be used if Commercial Services and Retail Trade Uses are not supported by market demand and contingent on new meeting all other requirements of this table. | |
Upper Floors | Residential or Commercial Services | |
SPECIFIC REQUIREMENTS 1.
along the
frontage are restricted to two stories or 30 Ft. to respect the scale of established or
, or both. 2.
at intersection may extend three stories or 40 Ft. within a 50 Ft. x 50 Ft. area at an intersection. 3.
may extend to five stories or 60 Ft. at the rear of properties beginning at 50 Ft. (E) from the property line. 4. All new construction shall have scale-defining architectural elements or details at first two levels. 5. A single plane of façade at the
level may not be longer than 50 Ft. without architectural relief or articulation such as windows, trellises and arcades. 6.
-level activity is achieved by providing a mix of commercial, retail, office and residential uses at
level. 7. First floor level to be differentiated in form from upper levels. | ||
4. Lot coverage, Open Space, Pedestrian Access
Lot coverage, open space and pedestrian access requirements in the FAS are as shown in Table 5.12-FAS-3.
TABLE 5.12-FAS-3
FOURTH AVENUE AREA | ||
OPEN SPACE | ||
Lot Coverage | ||
Maximum Lot Coverage (1) | 100% | |
Open Space | ||
Open Space at Multi-Unit Dwellings (2, 3, 4) | 30 Sq. Ft./DU or 30% of Lot Area (5) | |
Open Space Non-Residential (2, 3, 4) | Min. of 30% of Lot Area | |
Minimum Landscape Area | 50% of Open Space (6) | |
SPECIFIC REQUIREMENTS 1. Covered by impervious surfaces such as, but not limited to
, drives, or parking. 2. Usable open space does not need to be located on the ground - green roof or terrace is acceptable. 3. Usable open space may be any combination of private and common space. 4. Parking may not be counted as open space. 5. Open space at multi-dwelling units is 30 Sq. Ft. per dwelling unit or 30% of lot area, whichever is greater. 6. Minimum landscape requirement applies only to common area open space. | ||
5.
Massing
massing
in the FAS are as shown in Figure 5.12-FAS- D and Table 5.12- FAS-4.
FIGURE 5.12-FAS-D
TABLE 5.12-FAS-4
FOURTH AVENUE AREA | ||
MASSING | ||
Articulation | ||
Maximum unbroken
mass (1) | 50 Ft. Max. | G |
View Corridors | ||
Mid-Rise Façade (2) | 25% of Façade Min. | H |
High-Rise Façade (3) | 150 Linear Ft. Unbroken Max. | I |
Mid-Rise Height | 50 Ft. Max or 4 Stories | J |
SPECIFIC REQUIREMENTS 1. Any
over 50 Ft. wide (G) must be broken down to read as a series of
no wider than 50 Ft. and should include a variety of façades. 2. To preserve view corridors, a minimum of 25% of the façade must be set aside as mid-rise (H), and the mid-rise façade may not exceed 4 stories or 50 Ft. in height (J). On corner lots this requirement applies to one street only. 3. High-rise façades of more than 150 continuous linear feet (I) must be broken by a mid-rise façade not to exceed 4 stories or 50 Ft. (J) in height as shown in the Figure above. | ||
(Ord. 11246, 2/18/2015; Am. Ord. 11977, 12/20/2022)
5.12.15 IRON HORSE AREA (IHA)
Armory Park and Iron Horse, Mixed Use Sub-Area (AIHMS)
The intent of this
is to promote transit oriented that is compatible with the historic scale of Iron Horse Neighborhood, especially along Ninth Street. The most significant incentive is an exemption from parking requirements.
Iron Horse, Low Density Residential Sub-Area (IH-RS)
The intent of this
is to promote single-family infill at somewhat higher density while protecting the historic character and privacy of existing properties. Key incentives include reduction in minimum lot size and reduction in parking.
FIGURE 5.12-IHA-A: MAP OF IRON HORSE AREA AND SUB-AREAS
A. Armory Park and Iron Horse, Mixed Use Sub-Area (AIH-MS)
1.
Armory Park and Iron Horse Mixed Use Sub- Area zoning option
apply.
2.
Placement
placement and setback requirements in the AIH-MS are as shown in Figure 5.12- AIH-MS-A and Table 5.12-AIH-MS-1.
FIGURE 5.12-AIH-MS-A
TABLE 5.12-AIH-MS-1
ARMORY PARK AND IRON HORSE MIXED USE SUB-AREA | ||
PLACEMENT | ||
(Distance from Property Line) | ||
Side (1) | Consistent with Prevailing | A |
Side | 0 Ft. | B |
Side Yard | 0 Ft. | C |
SPECIFIC REQUIREMENTS 1.
side setbacks to be consistent with prevailing setback at other than multi-unit residential. | ||
3.
, Floor Uses
and floor use requirements in the AIH-MS are as shown in Figure 5.12-AIH-MS- B and Table 5.12-AIH-MS-2.
FIGURE 5.12-AIH-MS-B
TABLE 5.12-AIH-MS-2
ARMORY PARK AND IRON HORSE MIXED USE SUB-AREA | ||
Frontage (1) | 25 Ft. Max or 2 Stories | D |
Mid-rise (2) | 40 Ft. Max or 3 Stories | E |
(distance from property line) | ||
Mid-Rise Setback (2) | 12 Ft. | F |
Setback from
Residential Use (3) | 25 Ft. | G |
FLOOR USES | ||
Ground Floor (4, 5, 6, 7) | Commercial Services and Retail Trade Uses that encourage
level activity are preferred, but office or residential uses may be used if Commercial Services and Retail Trade Uses are not supported by market demand and contingent on new meeting all other requirements of this table. | |
Upper Floors | Residential or Commercial Services | |
SPECIFIC REQUIREMENTS 1.
along the
frontage are restricted to two stories or 25 Ft. or 2 stories (D) to respect the scale of established or
, or both. 2. Mid-rise
may extend to 40 Ft. or 3 stories (D) and the mid-rise setback is 12 Ft. (F) from the
frontage façade of the
. 3. At residential
frontage,
must
25 ft. (G) at the mid-rise
. 4. All new construction shall have scale-defining architectural elements or details at first two levels. 5. A single plane of façade at the
level may not be longer than 50 Ft. without architectural relief or articulation such as windows, trellises and arcades. 6. Uses that create significant human activity at
level such as pedestrian traffic and increases in business activity is achieved by providing a mix of commercial, retail, office and residential uses at
level. 7. First floor level to be differentiated in form from upper levels. | ||
4. Lot Coverage, Open Space, Pedestrian Access
Lot coverage, open space and pedestrian access standard in the AIH-MS are as shown in Figure 5.12-AIH-MS-C and Table 5.12-AIHMS-3.
FIGURE 5.12-AIH-MS-C
TABLE 5.12-AIH-MS-3
ARMORY PARK AND IRON HORSE MIXED USE SUB-AREA | ||
OPEN SPACE | ||
Lot Coverage | ||
Maximum Lot Coverage (1) | 100% | |
Open Space | ||
Open Space at Multi-Unit Dwellings (2, 3, 4) | 30 Sq. Ft./DU or 20% of Lot Area (7) | |
Open Space Non-Residential (2, 3, 4) | Min. of 30% of Lot Area | |
Minimum Landscape Area | 50% of Open Space (8) | |
Pedestrian Access (5) | ||
Pedestrian Access to Open Space | Required | H |
Main Entrance Location (6) | Primary or Secondary Street | I |
SPECIFIC REQUIREMENTS 1. Covered by impervious surfaces such as, but not limited to
, drives, or parking. 2. Usable open space does not need to be located on the ground - green roof or terrace is acceptable. 3. Usable open space may be any combination of private and common space. 4. Parking may not be counted as open space. 5. Adequate shade shall be provided for sidewalks and pedestrian pathways, using shade
or vegetation. 6. Main entrance locations shall be directly accessed from a sidewalk along a
rather than from a parking lot. 7. Open space at multi-dwelling units is 30 Sq. Ft. per dwelling unit or 20% of lot area, whichever is greater. 8. Minimum landscape requirement applies only to common area open space. | ||
B. Iron Horse, Low Density Residential Sub-Area (IHRS)
1.
Iron Horse, Low Density Residential Infill Sub-Area zoning option
apply.
2.
Placement
placement and setback requirements in the IH-RS are as shown in Figure 5.12-IHRS- A and Table 5.12-IH-RS-1.
FIGURE 5.12-IH-RS-A
TABLE 5.12-IH-RS-1
IRON HORSE, LOW DENSITY RESIDENTIAL SUB-AREA | ||
PLACEMENT | ||
(Distance from Property Line) | ||
Primary Street (1) | Match Prevailing | A |
Secondary Street | 10' or Prevailing (2) | B |
Side Yard | 0 Ft. | C |
Rear Yard | 0 Ft. | D |
SPECIFIC REQUIREMENTS 1. Primary
is the
frontage to which dwellings face or are oriented. 2. Match prevailing setbacks of to on same side of
of same
. If no prevailing setbacks are established required setback is 10 feet. | ||
3.
and Massing
and floor use requirements in the IH-RS are as shown in Figure 5.12-IH-RSB and Table 5.12-IH-RS-2.
FIGURE 5.12-IH-RS-B
TABLE 5.12-IH-RS-2
IRON HORSE, LOW DENSITY RESIDENTIAL SUB-AREA | ||
Maximum | 32 Ft. | E |
Frontage Max | 20 Ft. | F |
(distance from property line) | ||
Second Story Setback | 20 Ft. | G |
MASSING | ||
Maximum Unbroken
Mass (1) | 30 Ft. | H |
SPECIFIC REQUIREMENTS 1. Any
over 30' wide must be broken down to read as a series of
no wider than 30 Ft., and should include a variety of
and roof forms. | ||
4. Lot Coverage and Lot Size
Lot coverage and lot size requirements in the IH-RS are as shown in Table 5.12-IH-RS-3.
TABLE 5.12-IH-RS-3
IRON HORSE, LOW DENSITY RESIDENTIAL SUB-AREA | ||
LOT COVERAGE | ||
Maximum Lot Coverage (1) | ||
LOT SIZE | ||
Minimum Lot Size | 2,500 Sq. Ft. | |
SPECIFIC REQUIREMENTS 1. Covered by impervious surfaces such as, but not limited to
, drives, or parking. | ||
5. Privacy
Required privacy
in the IH low density residential sub-area are as shown in Figure 5.12-IH-RS-C and Table 5.12-IH-RS-4.
FIGURE 5.12-IH-RS-C
TABLE 5.12-IH-RS-4
IRON HORSE, LOW DENSITY RESIDENTIAL SUB-AREA | ||
PRIVACY | ||
Clerestory Height | 9 Ft. Min. above 2nd Floor | I |
Site Wall Height | 9 Ft. Max. (1) | J |
Site Wall Setback | 0 Ft. Min. (1) | K |
Privacy Zone | 6 Ft. (2) | L |
ALTERNATIVE MEANS OF DAYLIGHT | ||
Clerestory above 9 Ft. | I | |
Skylights | M | |
Translucent Fixed Glass | N | |
SPECIFIC REQUIREMENTS 1. Brick or stuccoed concrete masonry site walls may extend above
requirements to 9 Ft. but may require structural engineering and
permits. 2. Privacy shall be afforded to existing developed rear or side yards by limiting second story fenestration. The lower 6' of yards shall not be visible from new second floor windows. | ||
(Ord. 11246, 2/18/2015; Am. Ord. 11977, 12/20/2022)
5.12.16 STONE/SIXTH AREA (SSA)
Stone Sub-Area (STS)
The intent of the Stone Sub-Area is to promote higher density mixed use along the Stone corridors. Benefits of this include reduction in parking, zero lot lines and increases in allowable
.
Sixth Street Sub-Area (SSS)
The intent of the Sixth Street Sub-Area is to promote higher density mixed use along the 6th Avenue, 6th Street and 7th Avenue corridors. Benefits of this include reduction in parking, zero lot lines and increases in allowable
density.
FIGURE 5.12-SSA-A: MAP OF STONE/SIXTH AREA
A. Stone Sub-Area (STS)
1.
Figure 5.12-SSA-A captures the boundaries of the SSA and the boundaries of the Stone Avenue Sub-Area. Stone Sub-Area zoning option
apply.
2.
Placement
placement and setback requirements in the STS are as shown in Figure 5.12-STS-A and Table 5.12-STS-1.
FIGURE 5.12-STS-A
TABLE 5.12-STS-1
STONE AVENUE SUB-AREA | ||
PLACEMENT | ||
Build to Line (Distance from Property Line) (1) | ||
Primary
(Stone Ave.) (2) | 0-20 Ft. | A |
Setback (Distance from Property Line) | ||
Secondary | Consistent with Prevailing | B |
Side | 0 Ft. | C |
Side Yard | 0 Ft. | D |
SPECIFIC REQUIREMENTS 1. Build-to requirements apply to: 1) Stone Ave. frontage when
exceeds 25% of lot area. 2.
side façades must be built to Build to Line at a minimum of 75% of the new
frontage, to help define an urban
frontage, where build-to requirements apply. Build to Line can range from 0-20' to be consistent with prevailing. | ||
3.
and Floor
Use
and floor use requirements in the STS are as shown in Figure 5.12-STS-B, Figure 5.12-STS-C and Table 5.12-STS-2. Note:
Figure 5.12-STS-B applies to the west side of Stone Avenue and Figure 5.12- STS-C applies to the east side of Stone Avenue.
FIGURE 5.12-STS-B
FIGURE 5.12-STS-C
TABLE 5.12-STS-2
STONE AVENUE SUB-AREA | ||
High-Rise (1) | 6 Stories with a Max of 75 Ft. | J |
Mid-Rise (2) | 4 stories with a Max. of 50 Ft. | H |
Low-Rise (3) | 25 Ft. Max or 2 Stories | I |
FLOOR USES | ||
Ground Floor (4, 5, 6, 7) | Commercial Services or Retail Trade Uses that encourage
level activity are preferred, but office or residential uses may be used if Commercial Services and Retail Trade Uses are not supported by market demand and contingent on new meeting all other requirements of this table. | |
Upper Floors | Residential or Services are preferred | |
SPECIFIC REQUIREMENTS 1. High-rise
is 6 stories or a maximum of 75 ft. (H). 2. Mid-rise
is 4 stories with a maximum of 50 Ft. (I). 3. Low-rise
is 25 Ft. or 2 stories (J). 4. All new construction shall have scale-defining architectural elements or details at first two levels. 5. A single plane of façade at the
level may not be longer than 50 Ft. without architectural relief or articulation such as windows, trellises and arcades. 6.
-Level Activity is achieved by providing a mix of commercial, retail, office and residential uses at
level. | ||
4. Lot Coverage, Open Space, Pedestrian Access
Lot coverage, open space and pedestrian access requirements in the STS are as shown in Figure 5.12-STS-D and Table 5.12-STS-3.
FIGURE 5.12-STS-D
TABLE 5.12-STS-3
STONE AVENUE SUB-AREA | ||
LOT COVERAGE | ||
Maximum Lot Coverage (1) | 100% | |
OPEN SPACE | ||
Open Space at Multi-Unit Dwellings (2, 3, 4) | 30 Sq. Ft/DU or 20% of Lot Area (7) | |
Open Space Non-Residential (2, 3, 4) | Min. of 20% of Lot Area | |
PEDESTRIAN ACCESS (5) | ||
Pedestrian Access to Open Space | Required | K |
Main Entrance Location (6) | Primary Street (Stone Ave.) | L |
SPECIFIC REQUIREMENTS 1. Covered by impervious surfaces such as, but not limited to
, drives, or parking. 2. Usable open space does not need to be located on the ground - green roof or terrace is acceptable. 3. Usable open space may be any combination of private and common space. 4. Parking may not be counted as open space. 5. Adequate shade shall be provided for sidewalks and pedestrian pathways, using shade
or vegetation. 6. Main entrance locations shall be directly accessed from a sidewalk along a
rather than from a parking lot. 7. Open space at multi-dwelling units is 30 Sq. Ft. per dwelling unit or 20% of lot area, whichever is greater. | ||
5.
Massing
massing
in the STS are as shown in Figure 5.12-STS-E and Table 5.12- STS-4.
FIGURE 5.12-STS-E
TABLE 5.12-STS-4
STONE AVENUE SUB-AREA | ||
MASSING | ||
Articulation | ||
Maximum unbroken
mass (1) | 50 Ft. Max. | M |
View Corridors | ||
Mid-Rise Façade (2) | 25% of Façade Min. | N |
High-Rise Façade (3) | 150 Linear Ft. Unbroken Max. | O |
Mid-Rise Height | 50 Ft. Max or 4 Stories | P |
Build Reduction (High Rise) | ||
Bulk Reduction Setback (4) | 12 Ft. Min. | R |
Bulk Reduction Required Area | 50% of Façade Min. | Q |
Bulk Reduction | Required above 4th Floor | S |
SPECIFIC REQUIREMENTS 1. Any
over 50 Ft. wide must be broken down to read as a series of
no wider than 50 Ft. (M) and should include a variety of façades. 2. To preserve view corridors, a minimum of 25% of the façade must be set aside as mid-rise (N), and the mid-rise façade may not exceed 4 stories or 50 Ft. (P) in height. On corner lots this requirement applies to one
only. 3. High-rise façades of more than 150 continuous linear feet (O) must be broken by a mid-rise façade (N) not to exceed 4 stories or 50 Ft. (P) in height as shown in Figure above. 4. A step-back bulk reduction area a minimum of 12 ft. in depth (R) is required for at least 50% of the façade (Q). Bulk reduction is required above the fourth floor (S). See figures above. | ||
B. Sixth Street Sub-Area (SSS)
1.
Figure 5.12-SSA-A captures the boundaries of the SSA and the boundaries of the Sixth Street Sub-Area. Sixth Street Sub-Area zoning option
apply.
2.
Placement
placement and setback requirements in the SSS are as shown in Figure 5.12-SSS-A and Table 5.12-SSS-1.
FIGURE 5.12-SSS-A
TABLE 5.12-SSS-1
6TH STREET SUB-AREA | ||
PLACEMENT | ||
Build to Line (Distance from Property Line) | ||
6th Street (1, 2) | 0 Ft. | A |
Setback (Distance from Property Line) | ||
Secondary Street (6th or 7th Ave.) | 0 Ft. | B |
5th Street | Consistent with Prevailing | C |
Side | 0 Ft. | D |
Side Yard | 0 Ft. | E |
SPECIFIC REQUIREMENTS 1. Build-to line is defined as the line at which construction of a
façade is to occur on a lot. A build-to line runs parallel to, and is measured from,
front property lines and is established to create an even
façade line on a
. Build-to line applies to
frontage only (both primary and secondary streets at corner lots) and only applies when new
exceeds 25% of the site area. Where applicable 75% of new
frontage must be located at or near the build-to line. Build-to requirements apply to: 1) 6th Street frontage when
exceeds 25% of lot area. 2.
side façades must be built to Build to Line at a minimum of 75% of the new
frontage, to help define an urban
frontage, where build-to requirements apply. | ||
3.
, Floor Uses
and floor use requirements in the SSS are as shown in Figure 5.12-SSS-B, Figure 5.12-SSS-C and Table 5.12-SSS-2. Note: Figure 5.12-SSS-B applies typically throughout the Sixth Avenue Sub-Area except at specific
shown on Figure 5.12- SSS-C.
FIGURE 5.12-SSS-B
FIGURE 5.12-SSS-C
TABLE 5.12-SSS-2
6TH STREET SUB-AREA | ||
High-Rise (1) | 75 Ft. Max or 6 Stories | H |
Mid-Rise (2) | 50 Ft. Max or 4 stories | I, G |
Low-Rise (3) | 25 Ft. Max or 2 Stories | J, F |
FLOOR USES | ||
Ground Floor (4, 5, 6, 7) | Commercial Services and Retail Trade Uses that encourage
level activity are preferred, but office or residential uses may be used if Commercial Services and Retail Trade Uses are not supported by market demand and contingent on new meeting all other requirements of this table. | |
Upper Floors | Residential or Services | |
SPECIFIC REQUIREMENTS 1. High-rise
is 75 ft. max., or 6 stories (H) for the remainder of the
. 2. Low-rise
is 25 Ft. or 2 stories (J) for the first 50 Ft. (F) from the setback (B). and 6th or 7th Ave. (G). 3. Mid-rise
is 50 Ft. max., or 4 stories (I) for the first 50' (G) from 6th Street 4. All new construction shall have scale-defining architectural elements or details at first two levels. 5. A single plane of façade at the
level may not be longer than 50 Ft. without architectural relief or articulation such as windows, trellises and arcades. 6.
-level activity is achieved by providing a mix of commercial, retail, office and residential uses at
level. 7. First floor level to be differentiated in form from upper levels. | ||
4. Lot Coverage, Open Space, Pedestrian Access
Lot coverage, open space and pedestrian access requirements in the SSS are as shown in Figure 5.12-SSS-D and Table 5.12-SSS-3.
FIGURE 5.12-SSS-D
TABLE 5.12-SSS-3
6TH STREET SUB-AREA | ||
LOT COVERAGE | ||
Maximum Lot Coverage (1) | 100% | |
OPEN SPACE | ||
Open Space at Multi-Unit Dwellings (2, 3, 4) | 30 Sq. Ft/DU or 20% of Lot Area (7) | |
Open Space Non-Residential (2, 3, 4) | Min. of 20% of Lot Area | |
PEDESTRIAN ACCESS (5) | ||
Pedestrian Access to Open Space | Required | K |
Main Entrance Location (6) | Primary Street (Stone Ave.) | L |
SPECIFIC REQUIREMENTS 1. Covered by impervious surfaces such as, but not limited to
, drives, or parking. 2. Usable open space does not need to be located on the ground - green roof or terrace is acceptable. 3. Usable open space may be any combination of private and common space. 4. Parking may not be counted as open space. 5. Adequate shade shall be provided for sidewalks and pedestrian pathways, using shade
or vegetation. 6. Main entrance locations shall be directly accessed from a sidewalk along a
rather than from a parking lot. 7. Open space at multi-dwelling units is 30 Sq. Ft. per dwelling unit or 20% of lot area, whichever is greater. | ||
5.
Massing
massing
in the SSS are as shown in Figure 5.12-SSS-E and Table 5.12-SSS- 4.
FIGURE 5.12-SSS-E
TABLE 5.12-SSS-4
6TH STREET SUB-AREA | ||
MASSING | ||
Articulation | ||
Maximum unbroken
mass (1) | 50 Ft. Max. | M |
View Corridors | ||
Mid-Rise Façade (2) | 25% of Façade Min. | N |
High-Rise Façade (3) | 150 Linear Ft. Unbroken Max. | O |
Mid-Rise Height | 50 Ft. Max or 4 Stories | P |
Build Reduction (High Rise) | ||
Bulk Reduction Setback (4) | 12 Ft. Min. | R |
Bulk Reduction Required Area | 50% of Façade Min. | Q |
Bulk Reduction | Required above 4th Floor | S |
SPECIFIC REQUIREMENTS 1. Any
over 50 Ft. wide must be broken down to read as a series of
no wider than 50 Ft. (M) and should include a variety of façades. 2. To preserve view corridors, a minimum of 25% of the façade must be set aside as mid-rise (N), and the mid-rise façade may not exceed 4 stories or 50 Ft. (P) in height. On corner lots this requirement applies to one
only. 3. High-rise façades of more than 150 continuous linear feet (O) must be broken by a mid-rise façade (N) not to exceed 4 stories or 50 Ft. (P) in height as shown in Figure above. 4. A step-back bulk reduction area a minimum of 12 ft. in depth (R) is required for at least 50% of the façade (Q). Bulk reduction is required above the fourth floor (S). See figures above. | ||
(Ord. 11246, 2/18/2015; Am. Ord. 11977, 12/20/2022)
5.12.18. ILLUSTRATIVE MAP FIGURE 5.12.18-1: ILLUSTRATIVE MAP OF INFILL INCENTIVE DISTRICT (IID)
FIGURE 5.12.18-1: ILLUSTRATIVE MAP OF INFILL INCENTIVE DISTRICT (IID)
(Ord. 11246, 2/18/2015; Am. Ord. 11977, 12/20/2022
5.13.1. PURPOSE
The purpose of the Urban Overlay District (UOD) is to encourage:
A. Comprehensively planned, pedestrian and transit-oriented, urban infill, and
areas;
B.
planning and architectural solutions consistent with the ambience of Tucson;
C. Safe urban neighborhoods;
D. Urban design features that include sustainable solutions and can accommodate both historical and contemporary design;
E. Transitions that are beneficial to new and existing
; and,
F. Responsive
review processes that address flexible solutions for obsolete standards and accommodate desired urban trends.
5.13.2. INITIATION
A. An Urban Overlay District is initiated by the Mayor and Council.
B. The Planning and Development Services Department (PDSD) processes the application. The UOD boundaries may include
within and
to the proposed UOD.
5.13.3. ESTABLISHMENT
A. The overlay is established in accordance with Section 3.5, Rezoning (Change of Zoning) Procedure. Subsequent rezoning shall require Mayor and Council approval and adoption of a rezoning ordinance for an affected area.
B. Each UOD shall be in compliance with the adopted
and applicable sub-regional, area, and neighborhood plans.
C. Upon establishment, the UOD shall be identified on the
as a shaded area. When the UOD is effectuated on a specific property(ies), the prefix “U” followed by a sequential number and the assigned zoning designation, e.g., C-3 becomes U1C-3, shall be identified on the
. The UOD may also be given a descriptive name associated with the subject area, e.g., Downtown District.
5.13.4. DEVELOPMENT STANDARDS
A. The UOD may have standards and procedures different from the zoning standards applicable in another UOD or in the Unified Development Code (UDC).
B. Adoption of a UOD shall not restrict or eliminate the uses or
standards of any underlying
but provides a
option that encourages well-designed infill
subject to the standards and guidelines provided in the UOD’s
document.
C. The UOD
document shall be adopted as part of the rezoning and govern
using the UOD
options instead of the standards of the underlying
.
(Am. Ord. 11171, 5/20/2014)
5.13.5. APPLICATION
The applicant shall provide a
document that includes proposed standards, modifications, maps, guidelines, and background materials sufficient to implement the proposed UOD. In addition, the Mayor and Council may require the
document to include a
analysis as provided in Section 2-04.4.2,
Analysis (Planned Area
t), of the Administrative Manual where necessary or desirable to review UOD proposals such as form-based code districts or similar concepts.
5.13.6. DEVELOPMENT REVIEW
A. Unless a specific waiver procedure is approved as part of the rezoning, no
using the UOD standards shall occur within a UOD unless or until a
or if applicable a
is approved by the
.
B. The
may require financial and other
to assure the installation of required
, sewer, electric, and water
, drainage, flood control and other
of a property owner using the UOD standards.
5.13.7. ENFORCEMENT
Standards adopted for each UOD are enforced in the same manner as provided in Art. 10: Enforcement and Penalties.
5.13.8. INTERPRETATION
The Zoning Administrator shall interpret a UOD.
5.13.9. AMENDMENT PROCEDURES
A. The PDSD shall determine if the amendment would result in a substantial change in the UOD. An amendment shall be determined to be a substantial change in accordance with the standards set forth in Section 3.5.5, Amendment to a an Adopted PAD , or may be determined to be a special procedure contained in the UOD’s or urban design documents.
(Am. Ord. 11409, 11/9/2016)
5.13.10. WAIVER
Execution of a waiver is required for any property owner using the urban design option of a UOD, in
with A.R.S. §12-1134(1). The owner of property requesting to exercise the UOD design option shall be required to waive any and all claims for diminution of value that may be based upon action by the
in response to such a request by the owner.