A. Purpose. The purpose of this section is to regulate height and land use in the environs of civilian airports in order to ensure safe aircraft approach and departure, avoid the concentration of population in potential accident areas, and reduce the harmful effect of noise exposure on humans and animals.
B. Map Notation. An area overlaid by the Airport Environs Zone shall be shown on county zoning maps by its underlying zone designation plus the suffix "AE."
C. Establishment. AE zoning for Tucson International Airport, Ryan Field, and Pinal Airpark is established as follows:
1. Height Overlay Zones. The following zones are established as shown on the Airport Height Overlay Maps (Section 18.57.060):
a. Tucson International Airport: Airport Height Overlay Zone 1;
b. Ryan Airfield: Airport Height Overlay Zone 2; and
c. Pinal Airpark: Airport Height Overlay Zone 4.
2. Land Use Overlay Zones. The following zones are established as shown on the Airport Land Use Overlay Maps (Section 18.57.060):
a. Tucson International Airport: Airport Land Use Overlay Zone 1, composed of the RSZ, CUZ-1, CUZ-3 and CUZ-4;
b. Ryan Field: Airport Land Use Overlay Zone 2, composed of RSZ and CUZ-2; and
c. Pinal Airpark: Airport Land Use Overlay Zone 4, composed of RSZ and CUZ-2.
D. Use Restrictions.
1. Nonconforming Uses. In addition to the general provisions for nonconforming uses and buildings (Section 18.01.030(D), General Provisions), a nonconforming use which began construction or alteration prior to September 3, 1985, may continue its construction or alteration, provided it is completed within one year and is not in violation of subsections (D)(2) or (D)(3) of this section.
2. Prohibited Uses Within Height and Land Use Overlay Zones. A use which, in the written opinion of the FAA, is determined to be a dangerous activity, hazard or obstruction or producer of a communications, illumination or visibility nuisance to aircraft using the airport.
3. Height Overlay Zone. Structural height shall not exceed the maximum established in Section 18.57.060 (Maps).
4. Land Use Overlay Zones for Tucson International Airport, Ryan Field, and Pinal Airpark:
a. RSZ. Only crop raising is permitted.
b. CUZ-1:
1) Permitted Uses.
a) Uses permitted in Section 18.49.030 (CPI), subsections (B), (C), (D) and (E) of Section 18.51.030 (CI-1), subsections (B), (C), (D), (E) and (H) of Section 18.53.030 (CI-2), and subsections (B), (C) and (E) of Section 18.55.030 (CI-3), except: administrative or professional offices as primary uses and airport facilities, child care centers, and banks and financial institutions as secondary uses; and retail lumber yards, motion picture studios, restaurants, doctors offices or clinics, general stores, racetracks, sports stadiums and rifle ranges;
b) Enclosed sales and display areas incidental to light manufacturing or assembly, provided no more than twenty-five percent of the floor area is occupied for such use;
c) Accessory uses for employees only, including cafeterias, offices and indoor entertainment facilities;
d) Automotive, aircraft, marine, farm equipment, mobile home and recreational vehicle sales; auto, truck and equipment rental; and
e) Drive-through only retail uses subject to subsection (D)(4)(c)(2)(c).
2) Safety Requirements.
a) For uses permitted within the CPI Zone, the total ground floor area is restricted to twenty-five percent of the net lot area and the total floor area is restricted to 37.5 percent of the net lot area.
b) For all other uses, the total ground floor area is restricted to thirty-five percent of the net lot area.
c) Any structure or use, or contiguous structure or use, shall not accommodate, by intention or design, in whole or in part, more than fifty employees and fifty non-employees at any time. This restriction shall be a special condition of the issuance of the building permit and certificate of occupancy. The premises shall thereafter continuously be posted with a form of notice of the restriction, as required by the department of planning and development services. The occupant(s) of the premises shall not permit the limitation to be exceeded.
c. CUZ-2.
1) Permitted Uses.
a) Uses permitted in Section 18.49.030 (CPI), subsections (B), (C), (D) and (E) of Section 18.51.030 (CI-1), subsections (B), (C), (D), (E) and (H) of Section 18.53.030 (CI-2), subsections (B), (C) and (E) of Section 18.55.030 (CI-3), subsections (B), (C), (D), (E), (F), (G) and (H) of Section 18.43.030 (CB-1), and subsections (B), (C), (D), (E), (F), (G), (H) and (I) of Section 18.45.030 (CB-2), except: amusement or recreational enterprises (indoor); auctions, auditoriums or assembly halls; clubs; department stores; drive-in theaters; fairs, carnivals or tent shows; grocery stores (except delicatessens and convenience stores); gymnasiums; industrial or trade schools; hotels; libraries; racetracks, sports arenas or stadiums; religious rescue missions or temporary revivals; rifle ranges; schools or colleges; swimming pools; theaters; trade shows or exhibitions; and within the first one thousand feet of the CUZ-2 Zone (closest to the end of the runway), retail uses and administrative and professional office uses are prohibited as primary uses;
b) Enclosed sales and display areas incidental to light manufacturing or assembly, provided no more than twenty-five percent of the floor area is occupied for such use;
c) Accessory uses for employees only, including cafeterias, offices and indoor entertainment facilities; and
d) Ryan Field Only. Residential uses not exceeding a density of one residence per acre.
2) Safety Requirements.
a) For uses permitted within the CPI Zone, the total ground floor area is restricted to thirty-three percent of the net lot area and the total floor area is restricted to fifty percent of the net lot area.
b) For all other uses, the total ground floor area is restricted to forty-five percent of the net lot area.
c) Retail uses as listed in the CB-1 and CB-2 Zones, in any building, shall not accommodate, by intention or design, in whole or in part, more than fifty non-employees at any time. This restriction shall be a special condition of the issuance of the building permit and certificate of occupancy. The premises shall thereafter continuously be posted with a form of notice of the restriction, as required by the department of planning and development services. The occupant(s) of the premises shall not permit the limitation to be exceeded.
d) Within the first one thousand feet of the CUZ-2 Zone (closest to the end of the runway), the following uses, or any combination of these uses, shall occupy no more than a total of ten thousand square feet in any building: manufacturing and assembly of electrical and electronic components; manufacturing and service of data systems; laboratories including medical, dental, research experimental and testing; and printing, newspaper publishing and binding.
d. CUZ-3.
1) The interior noise level of new noise-sensitive land uses, and accessory offices and indoor areas where the public is received, shall not exceed forty-five Ldn.
2) Residential uses are permitted only on existing residentially zoned lots.
3) Prohibited Uses. Outdoor entertainment and sports events; swap meets and auctions; playgrounds, parks, and public swimming pools; and animal breeding.
e. CUZ-4.
1) The interior noise level of new noise-sensitive land uses, and accessory offices and indoor areas where the public is received, shall not exceed forty-five Ldn.
E. Administrative Procedures. The following applies to the Davis-Monthan Air Force Base Airport Environs Zone, in addition to the Tucson International Airport, Ryan Field, and Pinal Airpark Airport Environs Zones:
1. Zone Amendments. To expand or contract the boundaries, change the location, eliminate or create a new RSZ, CUZ, ADC, or NCZ, the planning and zoning commission shall initiate a rezoning in accordance with Chapter 18.91 (Rezoning Procedures) and amend the applicable map(s).
2. Zone Boundaries. If a lot is:
a. Divided by an airport environs zone boundary, the development shall conform to the land use and design criteria of the respective zones in which the lot is located;
b. Partially covered by an airport environs zone boundary, only the portion of the lot within the boundary is restricted by the zone.
3. Special-Use Waiver.
a. Scope. A waiver from a provision of this chapter may be granted by the board of supervisors when the strict application of the provision would cause an unnecessary hardship which substantially limits the preservation and enjoyment of property rights.
b. Standards. A waiver may not be granted unless:
1) The hardship is not generally caused to other properties subject to the provision;
2) The waiver is the minimum necessary to afford relief;
3) The waive will not be materially detrimental to the rights of owners and residents of other affected properties;
4) The waiver is consistent with the intent and purpose of this chapter and the provision of the section from which the waiver is requested. If a waiver is requested from any provision of Section 18.57.010(B)(3), (B)(4), (B)(5), or 18.57.031, the request shall be analyzed for: (1) land use compatibility with Davis-Monthan Air Force Base operations, (2) proximity to the end of the runway, (3) location in relationship to major flight paths, (4) compliance with the intent of applicable Pima County Comprehensive Plan Davis-Monthan Air Force Base Special Area Policies, and (5) compliance with Arizona Revised Statutes; and
c. Conditions. Conditions may be imposed on a waiver that will:
1) Secure the intent and purposes of this chapter and the provision of the section from which the waiver is granted; and
2) Adequately provide for the protection of surrounding property owners and residents.
d. Hearing. The supervisors shall hold a public hearing on the waiver, at which all interested persons may be heard.
e. Public Notice. Notice will be mailed by the county to all owners of property within three hundred feet of the subject property no less than fifteen days prior to the public hearing. In addition, Davis-Monthan Air Force Base will be notified of waiver requests within the boundaries of Airport Height Overlay Zone 3 or Airport Land Use Overlay Zone 3; Tucson Airport Authority will be notified of waiver requests within the boundaries of Airport Height Overlay Zone 1 or 2 or Airport Land Use Overlay Zone 1 or 2; and Pinal Airpark will be notified of waiver requests within the boundaries of Airport Height Overlay Zone 4 or Airport Land Use Overlay Zone 4. Failure to give notice may not invalidate an action of the board of supervisors.
4. Interpretation Review.
a. The hearing administrator may review an interpretation of a provision of this chapter by a county official. A request for review may be made by an affected person who believes there has been a misinterpretation.
b. The request for review shall cite the:
1) Disputed interpretation made by the county official; and
2) Words alleged to have been misinterpreted.
5. Application. A request for waiver or review of interpretation shall be made on a form provided by the development services department. Hearing fees are required.
6. Appeal to the Board of Supervisors.
a. An appeal from a decision or interpretation of the hearing administrator may be made to the board of supervisors by the owner or affected persons.
b. Application. An appeal shall be made within fifteen working days of the date of the appealed action, on a form provided by the department. Hearing fees shall be paid at the time the appeal is filed.
c. Hearing. The supervisors shall hold a public hearing on the appeal, at which all interested persons may be heard.
d. Public Notice. For review of a decision or interpretation of the hearing administrator, the county will mail notice to all owners of property within three hundred feet of the subject property no less than fifteen days prior to the public hearing. In addition, Davis-Monthan Air Force Base shall be notified of appeals within the boundaries of Airport Height Overlay Zone 3 or Airport Land Use Overlay Zone 3; Tucson Airport Authority will be notified of appeals within the boundaries of Airport Height Overlay Zone 1 or 2 or Airport Land Use Overlay Zone 1 or 2; and Pinal Airpark will be notified of appeals within the boundaries of Airport Height Overlay Zone 4 or Airport Land Use Overlay Zone 4. Failure to give notice may not invalidate an action of the board of supervisors.
7. Appeal to Superior Court. Appeal from a decision of the board of supervisors may be made to the superior court by the owner or affected persons.
8. Appeal to the Board of Adjustment.
a. Requests for variances and interpretation reviews may also be made to the applicable board of adjustment in accordance with Chapter 18.93 (Board of Adjustment Variances, Temporary Use Permits and Interpretations);
b. In addition to the public notice required for variance applications, Davis-Monthan Air Force Base will be notified of variance applications within the boundaries of Airport Height Overlay Zone 3 or Airport Land Use Overlay Zone 3; Tucson Airport Authority will be notified of variance applications within the boundaries of Airport Height Overlay Zone 1 or 2 or Airport Land Use Overlay Zone 1 or 2; and Pinal Airpark will be notified of variance applications within the boundaries of Airport Height Overlay Zone 4 or Airport Land Use Overlay Zone 4;
c. In addition to the standard guidelines that the board of adjustment considers when approving or denying a variance, if a variance is requested from any provision of Section 18.57.010(B)(3), (B)(4), (B)(5), or 18.57.031, the application will be analyzed for: (1) land use compatibility with Davis-Monthan Air Force Base operations, (2) proximity to the end of the runway, (3) location in relationship to major flight paths, (4) compliance with the intent of applicable Pima County Comprehensive Plan Davis-Monthan Air Force Base Special Area Policies, and (5) compliance with Arizona Revised Statutes;
d. A variance from the requirements of the Davis-Monthan Air Force Base Airport Land Use Overlay Zone 3, contained in Section 18.57.010(B)(3), (B)(4), (B)(5), or 18.57.031, may not be granted unless the board of adjustment makes a specific finding that the purpose of military airport compatibility is preserved.
(Ord. 2008-118 § 3 (part), 2008; Ord. 1992-102 § 1, 1992; Ord. 1986-188 § 1 (part), 1986)