A. Purpose. The purpose of this section is to regulate height and land use in the environs of the Davis-Monthan Air Force Base military airport in order to ensure safe aircraft approach and departure, avoid the concentration of population in potential accident areas, and reduce the potential for harmful effects of high noise level exposure on humans.
B. Map Notation. An area overlaid by the Airport Environs Zone shall be shown on county zoning maps by its underlying zone designation plus the suffix: "AE."
C. Establishment. AE zoning for Davis-Monthan Air Force Base is established as follows:
1. Height Overlay Zone. The following zone is established as shown on the Airport Height Overlay Maps (Section 18.57.060):
Davis-Monthan Air Force Base: Airport Height Overlay Zone 3.
2. Land Use Overlay Zone. The following zone is established as shown on the Airport Land Use Overlay Maps (Section 18.57.060):
Davis-Monthan Air Force Base: Airport Land Use Overlay Zone 3, composed of ADC-1, ADC-2, ADC-3, NCZ-A, and NCZ-B.
D. Use Restrictions.
1. Nonconforming Uses. In addition to the general provisions for nonconforming uses and buildings (Section 18.01.030(D), General provisions), a nonconforming building, building use, or land use for which a permit was issued and has not expired prior to January 16, 2009 may continue to be erected, constructed, reconstructed, altered, or used provided it is not in violation of Section 18.57.030(D)(2) or (D)(3) of this chapter.
2. Height Overlay Zone. Structural height shall not exceed the maximum established in Section 18.57.060 (Maps).
E. Land Use Overlay Zones for Davis-Monthan Air Force Base:
1. ADC-1.
a. Permitted Uses. The following uses are permitted within ADC-1 if the use is a permitted or conditional use within the underlying zone and within any applicable noise control zone:
1) Agriculture, including the raising and grazing of livestock and other animal husbandry, excluding direct accessory retail sales;
2) Agricultural processing facilities and services, excluding chemical, petroleum, and rubber products or other hazardous or highly flammable materials;
3) Cemeteries;
4) Communications facilities and utilities;
5) Governmental uses, excluding landfills, facilities that provide services directly to the public, places of public assembly, and facilities that provide services that are critical for public health and safety (such as fire protection, police communications, sewage or water treatment, and water storage);
6) Manufacturing and industrial processing, compounding, packaging, treatment, assembling, and maintenance, excluding chemical, petroleum, rubber, and other processes involving the use of hazardous or highly flammable materials;
7) Outdoor recreation, excluding places for people to gather (such as picnic areas, swimming pools, and playgrounds). Examples of permitted uses include golf courses without clubhouses and parks and nature trails without museums or exhibits;
8) Rail lines and roadways;
9) Vehicle parking, including storage of operable vehicles, boats, motorcycles, recreational vehicles, and trucks, and inhabitable manufactured or mobile homes not intended for salvage, and public garages for commercial use;
10) Wholesale trade, warehousing, and distribution, excluding chemical, petroleum, and rubber products or other hazardous or highly flammable materials; and
11) Other similar nonresidential uses of the same class as one or more uses enumerated above, which, under general or specific written agreement between the zoning inspector or the zoning inspector's designee and the official designee of Davis-Monthan Air Force Base, are compatible and consistent with the high noise or accident potential of military airport operations and are not otherwise unlawful, injurious to the public health, safety, and welfare, or specifically prohibited. The uses will be analyzed for compliance with the intent of the February 2004 Davis-Monthan Air Force Base/Tucson/Pima County Joint Land Use Study to prohibit uses within areas of highest potential accident impact, including ADC-1, which are associated with concentration or attraction of people, such as high density employment, cultural, recreation/entertainment, and retail/service uses, or which have special safety considerations, such as uses involving significant quantities of hazardous or explosive materials and uses critical to public health and safety.
b. Prohibited Uses.
1) Business, personal, professional and semi-professional services, including general offices, clinics, and repair and rental services;
2) Child care centers;
3) Cultural activities, including libraries, museums, theaters, concert halls, and religious facilities;
4) Educational facilities, including colleges and trade schools;
5) Elementary and secondary schools;
6) Governmental uses that provide services directly to the public or places of public assembly including facilities which provide services that are critical for public health and safety (such as fire protection, police communications, sewage or water treatment, and water storage);
7) Hospitals, extended care facilities, and assisted living centers;
8) Hotels, resorts, and other lodging facilities, including group camps;
9) Indoor public assembly, including amusement or recreational enterprises;
10) Indoor recreation, including clubhouses and swimming pools, etc.;
11) Landfills;
12) Manufacturing and processing of chemical, petroleum, rubber, or other hazardous or highly flammable materials;
13) Outdoor public assembly, including stadiums, amphitheaters, and amusement or recreational enterprises;
14) Outdoor recreation (such as picnic areas, swimming pools, and playgrounds) which provide places for people to gather;
15) Residential;
16) Restaurants and other eating and drinking establishments;
17) Retail sales, including direct retail sales of agricultural products; and
18) Wholesale trade, warehousing, and distribution of chemical, petroleum, and rubber products or other hazardous or highly flammable materials.
c. Safety Requirements. The following apply to nonresidential uses:
1) Maximum employee occupancy: thirty employees per acre of net lot area.
2) Minimum project site area: three acres.
3) Maximum floor area ratio (FAR): fifty percent of the project site area.
d. Exceptions. The following are exceptions to prohibited uses and minimum project site area in ADC-1:
1) Business, personal, professional and semi-professional services, including general offices, clinics, repair and rental services, restaurants and other eating and drinking establishments, and retail sales, including direct retail sales of agricultural products, are permitted in the CB-1 and CB-2 zones if the zone existed before January 16, 2009.
2) Single detached or one-family dwelling units (including manufactured homes and factory-built (modular) residential buildings and excluding mobile homes and trailers), accessory buildings or uses, home occupations, guest houses, and secondary dwellings are permitted if the property is zoned TH, RH, GR-1, SR, SR-2, SH, CR-1, CR-2, CR-3, CR-4, CR-5, TR, CMH-1, or CMH-2 and the use is a permitted use within the zone, except:
(i) The cluster development option as described in Section 18.09.040 is not permitted except for property partially within ADC-1, the cluster development option is permitted if residential units are not located within ADC-1.
(ii) Residential development is limited to a maximum density one dwelling unit per acre.
3) Parcels less than three acres that are either recorded or proposed within an approved tentative plat prior to January 16, 2009 may be developed in conformance with all other requirements specified in subsections (E)(1)(a) through (E)(1)(d) of this section, with exception of subsection (E)(1)(c)(2) of this section.
4) Parcels less than three acres that are neither recorded nor proposed within an approved tentative plat prior to January 16, 2009 and which are proposed for nonresidential use must be part of a development plan which encompasses at least three acres.
2. ADC-2.
a. Permitted Uses. The following uses are permitted within ADC-2 if the use is a permitted or conditional use within the underlying zone and within any applicable noise control zone:
1) Agriculture, including the raising and grazing of livestock and other animal husbandry, excluding direct accessory retail sales;
2) Agricultural processing facilities and services, excluding chemical, petroleum, and rubber products or other hazardous or highly flammable materials;
3) Cemeteries;
4) Communications facilities and utilities;
5) Governmental uses, excluding landfills, facilities that provide services directly to the public, places of public assembly, and facilities that provide services that are critical for public health and safety (such as fire protection, police communications, sewage or water treatment, and water storage);
6) Manufacturing and industrial processing, compounding, packaging, treatment, assembling, and maintenance, excluding chemical, petroleum, rubber, and other processes involving the use of hazardous or highly flammable materials;
7) Outdoor recreation, excluding places for people to gather (such as picnic areas, swimming pools, and playgrounds). Examples of permitted uses include golf courses without clubhouses and parks and nature trails without museums or exhibits;
8) Rail lines and roadways;
9) Vehicle parking, including storage of operable vehicles, boats, motorcycles, recreational vehicles, and trucks, and inhabitable manufactured or mobile homes not intended for salvage, and public garages for commercial use;
10) Wholesale trade, warehousing, and distribution, excluding chemical, petroleum, and rubber products or other hazardous or highly flammable materials; and
11) Other similar nonresidential uses of the same class as one or more uses enumerated above, which, under general or specific written agreement between the zoning inspector or the zoning inspector's designee and the official designee of Davis-Monthan Air Force Base, are compatible and consistent with the high noise or accident potential of military airport operations and are not otherwise unlawful, injurious to the public health, safety, and welfare, or specifically prohibited. The uses will be analyzed for compliance with the intent of the February 2004 Davis-Monthan Air Force Base/Tucson/Pima County Joint Land Use Study to prohibit uses within areas of highest potential accident impact, including ADC-2, which are associated with concentration or attraction of people, such as high density employment, cultural, recreation/entertainment, and retail/service uses, or which have special safety considerations, such as uses involving significant quantities of hazardous or explosive materials and uses critical to public health and safety.
b. Prohibited Uses.
1) Business, personal, professional and semi-professional services, including general offices, clinics, and repair and rental services;
2) Child care centers;
3) Cultural activities, including libraries, museums, theaters, concert halls, and religious facilities;
4) Educational facilities, including colleges and trade schools;
5) Elementary and secondary schools;
6) Governmental uses that provide services directly to the public or places of public assembly including facilities which provide services that are critical for public health and safety (such as fire protection, police communications, sewage or water treatment, and water storage);
7) Hospitals, extended care facilities, and assisted living centers;
8) Hotels, resorts, and other lodging facilities, including group camps;
9) Indoor public assembly, including amusement or recreational enterprises;
10) Indoor recreation, including clubhouses and swimming pools, etc.;
11) Landfills;
12) Manufacturing and processing of chemical, petroleum, rubber, or other hazardous or highly flammable materials;
13) Outdoor public assembly, including stadiums and amphitheaters;
14) Outdoor recreation (such as picnic areas, swimming pools, and playgrounds) which provide places for people to gather;
15) Residential;
16) Restaurants and other eating and drinking establishments;
17) Retail sales, including direct retail sales of agricultural products; and
18) Wholesale trade, warehousing, and distribution of chemical, petroleum, and rubber products or other hazardous or highly flammable materials.
c. Safety Requirements. The following apply to nonresidential uses:
1) Maximum employee occupancy: twenty employees per acre of net lot area.
2) Minimum project site area: five acres.
3) Maximum floor area ratio (FAR): thirty percent of the project site area.
d. Exceptions. The following are exceptions to prohibited uses and minimum project site area in ADC-2:
1) Business, personal, professional and semi-professional services, including general offices, clinics, repair and rental services, restaurants and other eating and drinking establishments, and retail sales, including direct retail sales of agricultural products, are permitted in the CB-1 and CB-2 zones if these zones existed prior to January 16, 2009.
2) Single detached or one-family dwelling units (including manufactured homes and factory-built (modular) residential buildings and excluding mobile homes and trailers), accessory buildings or uses, home occupations, guest houses, and secondary dwellings are permitted if the property is zoned TH, RH, GR-1, SR, SR-2, SH, CR-1, CR-2, CR-3, CR-4, CR-5, TR, CMH-1, or CMH-2 and the use is a permitted use within the zone, except:
(i) The cluster development option as described in Section 18.09.040 is not permitted except for property partially within ADC-2, the cluster development option is permitted if residential units are not located within ADC-2.
(ii) Residential development is limited to a maximum density one dwelling unit per acre.
3) Uses within a research park as defined by Arizona Revised Statutes Section 35-701 and restricted under Arizona Revised Statutes Section 15-1636(D).
4) Parcels less than five acres that are either recorded or proposed within an approved tentative plat prior to January 16, 2009 may be developed in conformance with all other requirements specified in subsections (E)(2)(a) through (E)(2)(d) of this section, with exception of subsection (E)(2)(c)(2) of this section.
5) Parcels less than five acres that are neither recorded nor proposed within an approved tentative plat prior to January 16, 2009 and which are proposed for nonresidential use must be part of a development plan which encompasses at least five acres.
3. ADC-3.
a. Permitted Uses. The following uses are permitted within ADC-3 if the use is a permitted or conditional use within the underlying zone and is permitted in Noise Control Zone-A, if applicable:
1) Agriculture, including direct accessory retail sales of agricultural products and the raising and grazing of livestock and other animal husbandry;
2) Agricultural processing facilities and services, excluding chemical, petroleum, and rubber products or other hazardous or highly flammable materials;
3) Business, personal, professional and semi-professional services, including general offices, clinics, and repair and rental services;
4) Cemeteries;
5) Communications facilities and utilities;
6) Cultural activities, including libraries, museums, auditoriums, concert halls, and religious facilities;
7) Educational facilities, including colleges and trade schools, but excluding elementary and secondary schools and child care centers;
8) Governmental uses, excluding landfills and facilities that provide services that are critical for public health and safety (such as fire protection, police communications, sewage or water treatment, and water storage);
9) Hotels, resorts, and other lodging facilities, including group camps;
10) Indoor public assembly, including amusement or recreational enterprises;
11) Indoor recreation;
12) Outdoor public assembly, including stadiums and amphitheaters;
13) Outdoor recreation;
14) Manufacturing and industrial processing, compounding, packaging, treatment, assembling, and maintenance, excluding chemical, petroleum, rubber, and other processes involving the use of hazardous or highly flammable materials;
15) Rail lines and roadways;
16) Restaurants and other eating and drinking establishments;
17) Retail sales;
18) Vehicle parking, including storage of operable vehicles, boats, motorcycles, recreational vehicles, and trucks, and inhabitable manufactured or mobile homes not intended for salvage, and public garages for commercial use;
19) Wholesale trade, warehousing, and distribution, excluding chemical, petroleum, and rubber products or other hazardous or highly flammable materials; and
20) Other similar nonresidential uses of the same class as one or more uses enumerated above, which, under general or specific written agreement between the zoning inspector or the zoning inspector's designee and the official designee of Davis-Monthan Air Force Base, are compatible and consistent with the high noise or accident potential of military airport operations and are not otherwise unlawful, injurious to the public health, safety, and welfare, or specifically prohibited. The uses will be analyzed for compliance with the intent of the February 2004 Davis-Monthan Air Force Base/Tucson/Pima County Joint Land Use Study to prohibit uses within areas of heightened potential accident impact, including ADC-3, which are associated with populations in need of special protection, such as school children, or with special safety considerations, such as uses involving significant quantities of hazardous or explosive materials and uses critical to public health and safety.
b. Prohibited Uses.
1) Child care centers;
2) Elementary and secondary schools;
3) Governmental uses that provide services directly to the public including facilities which provide services that are critical for public health and safety (such as fire protection, police communications, sewage or water treatment, and water storage);
4) Hospitals, extended care facilities, and assisted living centers;
5) Landfills;
6) Manufacturing and processing of chemical, petroleum, rubber, or other hazardous or highly flammable materials;
7) Residential; and
8) Wholesale trade, warehousing, and distribution of chemical, petroleum, and rubber products or other hazardous or highly flammable materials.
c. Safety Requirements. The following apply to nonresidential uses:
1) Minimum project site area: five acres.
2) Maximum floor area ratio (FAR): forty percent of the project site area for industrial/manufacturing and wholesaling/storage uses and twenty percent of the project site area for all other nonresidential uses.
3) Maximum building height: sixty-two feet.
d. Exceptions. The following are exceptions to prohibited uses and minimum project site area in ADC-3:
1) Single detached or one-family dwelling units (including manufactured homes and factory-built (modular) residential buildings and excluding mobile homes and trailers), accessory buildings or uses, home occupations, guest houses, and secondary dwellings are permitted if the property is zoned TH, RH, GR-1, SR, SR-2, SH, CR-1, CR-2, CR-3, CR-4, CR-5, TR, CMH-1, or CMH-2 and the use is a permitted use within the zone, except:
(i) The cluster development option as described in Section 18.09.040 is not permitted except for property partially within ADC-3, the cluster development option is permitted if residential units are not located within ADC-3.
(ii) Residential development is limited to a maximum density one dwelling unit per acre.
2) Parcels less than five acres that are either recorded or proposed within an approved tentative plat prior to January 16, 2009 may be developed in conformance with all other requirements specified in subsections (E)(3)(a) through (E)(3)(d) of this section, with exception of subsection (E)(3)(c)(1) of this section.
3) Parcels less than five acres that are neither recorded nor proposed within an approved tentative plat prior to January 16, 2009 and which are proposed for nonresidential use must be part of a development plan which encompasses at least five acres.
4. NCZ-A (between the sixty-five and seventy Ldn noise contours):
a. Permitted Uses. The following uses are permitted within NCZ-A if the use is a permitted or conditional use within the underlying zone and within any applicable approach-departure corridor:
1) Agriculture including direct accessory retail sales of agricultural products and the raising and grazing of livestock and other animal husbandry;
2) Agricultural processing facilities and services;
3) Arenas and similar places of indoor public assembly;
4) Business, personal, professional and semi-professional services, including general offices, clinics, and repair and rental services;
5) Cemeteries;
6) Communications facilities and utilities;
7) Cultural activities, including libraries, museums, auditoriums, concert halls, and religious facilities;
8) Educational facilities, including colleges and trade schools, but excluding elementary and secondary schools and child care facilities;
9) Governmental uses;
10) Hotels, resorts, and other lodging facilities, including group camps;
11) Indoor recreation, including clubhouses and swimming pools, etc.;
12) Manufacturing and industrial processing, compounding, packaging, treatment, assembling, and maintenance;
13) Outdoor recreation;
14) Professional and scientific equipment manufacturing;
15) Rail lines and roadways;
16) Restaurants and other eating and drinking establishments;
17) Retail sales;
18) Vehicle parking, including storage of operable vehicles, boats, motorcycles, recreational vehicles, and trucks, and inhabitable manufactured or mobile homes not intended for salvage, and public garages for commercial use;
19) Wholesale trade, warehousing, and distribution; and
20) Other similar nonresidential uses of the same class as one or more uses enumerated above, which, under general or specific written agreement between the zoning inspector or the zoning inspector's designee and the official designee of Davis-Monthan Air Force Base, are compatible and consistent with the high noise or accident potential of military airport operations and are not otherwise unlawful, injurious to the public health, safety, and welfare, or specifically prohibited. The uses will be analyzed for compliance with the intent of the February 2004 Davis-Monthan Air Force Base/Tucson/Pima County Joint Land Use Study to limit exposure of people and noise-sensitive uses and activities to high noise levels, including the modeled average noise exposure of NCZ-A. Considerations shall include whether or not the uses or activities can be sound-attenuated, e.g., an indoor or outdoor use or activity and the sensitivity of the use to noise interference with sleep or activities such as speech, music, meditation, and concentration on reading or visual material.
b. Prohibited Uses.
1) Child care centers;
2) Elementary and secondary schools;
3) Hospitals, extended care facilities, and assisted living centers;
4) Outdoor public assembly, including stadiums and amphitheaters; and
5) Residential.
c. Performance Standard. The following uses must be sound-attenuated to reduce the interior noise level from exterior sources to a maximum of forty-five Ldn in accordance with adopted noise level reduction construction and design standards:
1) All residential uses, except manufactured homes that are documented as built to provide sound attenuation meeting the forty-five Ldn maximum interior noise level are otherwise exempt from other provisions of the noise level reduction construction and design standards.
2) All indoor areas where the primary purpose is to receive the public.
3) All office areas, except those office areas subordinate and incidental to and co-located with primary uses which do not otherwise require sound attenuation.
4) All noise-sensitive indoor areas or indoor areas where normal noise level is low, including libraries, schools, and religious facilities.
d. Exceptions. The following are exceptions to prohibited uses in NCZ-A:
Single detached or one-family dwelling units (including manufactured homes and factory-built (modular) residential buildings and excluding mobile homes and trailers), accessory buildings or uses, home occupations, guest houses, and secondary dwellings are permitted if the property is zoned TH, RH, GR-1, SR, SR-2, SH, CR-1, CR-2, CR-3, CR-4, CR-5, TR, CMH-1, or CMH-2 and the use is a permitted use within the zone.
5. NCZ-B (between the seventy and seventy-five Ldn noise contours, the seventy-five and eighty Ldn noise contours, and within the eighty Ldn noise contour area):
a. Permitted Uses. The following uses are permitted within NCZ-B, with some exceptions within the eighty Ldn noise contour area, if the use is a permitted or conditional use within the underlying zone and within any applicable approach-departure corridor:
1) Agriculture, including direct accessory retail sales of agricultural products (except within the eighty Ldn noise contour area), and the raising and grazing of livestock and other animal husbandry;
2) Agricultural processing facilities and services;
3) Arenas and similar places of indoor public assembly, except within the eighty Ldn noise contour area;
4) Business, personal, professional and semi-professional services, including general offices, clinics, and repair and rental services, except within the eighty Ldn noise contour area;
5) Communications facilities and utilities, except within the eighty Ldn noise contour area;
6) Governmental uses, except within the eighty Ldn noise contour area;
7) Hotels, resorts, and other lodging facilities, including group camps, except within the eighty Ldn noise contour area;
8) Indoor recreation, including clubhouses and swimming pools, etc., except within the eighty Ldn noise contour area;
9) Manufacturing and industrial processing, compounding, packaging, treatment, assembling, and maintenance, excluding professional and scientific equipment manufacturing within the eighty Ldn noise contour area;
10) Outdoor recreation;
11) Rail lines and roadways;
12) Restaurants and other eating and drinking establishments, except within the eighty Ldn noise contour area;
13) Retail sales, except within the eighty Ldn noise contour area;
14) Vehicle parking, including storage of operable vehicles, boats, motorcycles, recreational vehicles, and trucks, and inhabitable manufactured or mobile homes not intended for salvage, and public garages for commercial use;
15) Wholesale trade, warehousing, and distribution; and
16) Other similar nonresidential uses of the same class as one or more uses enumerated above, which, under general or specific written agreement between the zoning inspector or the zoning inspector's designee and the official designee of Davis-Monthan Air Force Base, are compatible and consistent with the high noise or accident potential of military airport operations and are not otherwise unlawful, injurious to the public health, safety, and welfare, or specifically prohibited. The uses will be analyzed for compliance with the intent of the February 2004 Davis-Monthan Air Force Base/Tucson/Pima County Joint Land Use Study to limit exposure of people and noise-sensitive uses and activities to high noise levels, including the modeled average noise exposures of NCZ-B. Considerations shall include whether or not the uses or activities can be sound-attenuated, e.g., an indoor or outdoor use or activity and the sensitivity of the use to noise interference with sleep or activities such as speech, music, meditation, and concentration on reading or visual material.
b. Prohibited Uses.
1) Cemeteries;
2) Child care centers;
3) Cultural activities, including libraries, museums, theaters, concert halls, and religious facilities;
4) Educational facilities, including colleges and trade schools;
5) Elementary and secondary schools;
6) Hospitals, extended care facilities, and assisted-living centers;
7) Outdoor public assembly, including stadiums and amphitheaters; and
8) Residential.
c. Additional prohibited uses within the eighty Ldn noise contour area only:
1) Arenas and similar places of indoor public assembly;
2) Business, personal, professional and semi-professional services, including general offices, clinics, and repair and rental services;
3) Governmental uses;
4) Hotels, resorts and other lodging facilities, including group camps;
5) Indoor recreation, including clubhouses and swimming pools;
6) Professional and scientific equipment manufacturing;
7) Restaurants and other eating, and drinking establishments; and
8) Retail sales, including direct retail sales of agricultural products.
d. Performance Standard. The following uses must be sound-attenuated to reduce the interior noise level from exterior sources to a maximum of forty-five Ldn in accordance with adopted noise level reduction construction and design standards:
1) All residential uses, except manufactured homes that are documented as built to provide sound attenuation meeting the forty-five Ldn maximum interior noise level are otherwise exempt from other provisions of the noise level reduction construction and design standards.
2) All indoor areas where the primary purpose is to receive the public.
3) All office areas, except those office areas subordinate and incidental to and co-located with primary uses which do not otherwise require sound attenuation.
4) All noise-sensitive indoor areas or indoor areas where normal noise level is low, including libraries, schools, and religious facilities.
e. Exceptions. The following are exceptions to prohibited uses in NCZ-B:
Single detached or one-family dwelling units (including manufactured homes and factory-built (modular) residential buildings and excluding mobile homes and trailers), accessory buildings or uses, home occupations, guest houses, and secondary dwellings are permitted if the property is zoned TH, RH, GR-1, SR, SR-2, SH, CR-1, CR-2, CR-3, CR-4, CR-5, TR, CMH-1, or CMH-2 and the use is a permitted use within the zone.
F. Administrative Procedures. Administrative procedure provisions are in accordance with Section 18.57.030(E) (Administrative procedures).
(Ord. 2008-118 § 4, 2008)