A. Purpose:
1. To promote and facilitate innovative and comprehensively planned mixed-use developments which are compatible with surrounding uses.
2. To allow residential uses in the CI-1 zone where appropriately mixed with non-residential uses.
B. Definition: Mixed use refers to the combining of retail/commercial and/or service uses with residential or office use in the same building or on the same site in one (1) or more of the following ways:
1. Vertical Mixed Use. A single structure with the above floors generally used for residential or office use and with all or a portion of the ground floor for retail/commercial or service uses.
2. Horizontal Mixed Use — Attached. A single structure which provides retail/commercial or service use in the portion fronting the public or private street with attached residential or office uses behind.
3. Horizontal Mixed Use — Detached. Two (2) or more structures on one (1) site which provide retail/commercial or service uses in the structure(s) fronting the public or private street, and residential or office uses in separate structure(s) behind or to the side.
C. Applicability: This chapter applies to the following:
1. New development or substantial expansion of an existing development on any land within a CI-1 (Light Industrial/Warehousing) zone.
2. A rezoning request on any land requesting to zone to CI-1.
D. Development Standards:
1. Landscaping:
b. Native plant preservation plans shall be submitted in accordance with Chapter 18.72.
2. Site Design:
a. Permitted coverage: a minimum of twenty percent (20%) of the total development site and a maximum of fifty percent (50%) of the total development site shall be residential use. Residential development constructed over or under other uses shall count toward permitted coverage.
b. Maximum building height: thirty-nine (39) feet.
c. All non-residential uses within two thousand five hundred (2,500) feet of a residential structure shall adhere to the performance standards set forth in section 18.43.020(B).
d. For residential structures, or mixed use structures containing residential uses: A minimum distance of fourteen (14) feet shall separate exterior walls of separate buildings containing dwelling units on the same lot. The windows or window/doors of any one (1) dwelling unit may not face the windows or window/doors of any other dwelling unit unless separated by a distance of fourteen (14) or more feet except where the angle between the wall of the separate dwelling units is ninety (90) degrees or more. Walls parallel to each other shall be considered to be at a zero (0) degree angle.
3. Design Guidelines: In addition to the provisions of this section, all developments using the mixed-use option shall conform to the Mixed Use Option Design Guidelines.
E. Site Planning Review:
1. The design review committee shall review at a regularly scheduled meeting all proposed development subject to this section and shall approve, approve with conditions, deny, or continue for revision, proposed site planning, architectural theme, pedestrian circulation, landscaping, signage, and context to ensure compliance with the purpose, standards, and guidelines of this section.
a. The committee shall not approve any development subject to review without finding that the development complies with the Mixed Use Option Guidelines.
b. Development proposals subject to committee review shall be submitted to Pima County for review and recommendation by planning staff, subject to the schedule and submittal requirements established by development services to insure a timely, efficient, and complete review by the Committee.
c. Development proposals conditionally approved by the committee shall be submitted to planning staff for determination of final compliance with the committee's decision within thirty (30) days of the date of the hearing.
2. The decision of the design review committee may be appealed to the board of adjustment. Appeals shall be submitted within sixty (60) days of the date of the decision, appeals after that date shall not be considered.
3. Any change in design or layout of more than twenty five percent of the development area must be approved by the design review committee, subject to all review requirements of this section. Minor modifications may be approved by the Planning Official.
4. Design review committee approval shall expire two (2) years from the date of approval hearing. Approval may be extended for up to an additional two (2) years at the discretion of the planning official if the circumstances and basis for the design review committee's decision have not significantly changed since the date of approval.
5. At the time of plan submittal, the developer shall define the required on-site and off-site infrastructure to serve the development, and shall provide an infrastructure phasing schedule when applicable.
6. At the time of plan submittal, the developer shall submit a traffic impact analysis and a master drainage study, which fully addresses floodplain and riparian habitat. If necessary, a riparian mitigation plan shall be submitted and subject to the approval of the Pima County Flood Control District.
F. Permitted Uses:
1. The applicant for such a use permit submits to the zoning inspector plans for said proposed use showing certificates by the department of transportation and flood control district, transportation engineer, and health department director, certifying that said use complies with all laws and regulations under their jurisdictions; and
2. When the zoning inspector finds that said use will create no foreseeable flood, traffic or health hazards or nuisances as defined by the standards adopted by the board of supervisors and on file in the office of said inspector, said inspector shall then give notice by mail to all property owners of record within three hundred feet of the proposed site of said use of the intention to grant a permit, and giving any interested person thirty days in which to appeal to the board of adjustment from said inspector's interpretation of the application of said standards in connection with said proposed use; and
3. If no appeal is taken within thirty (30) days from the date said notices are mailed, the permit shall be issued and become final upon the expiration of said thirty (30) day period.
(Ord. 2006-45 § 1, 2006)