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A. Administrative and Professional Office
The maximum permitted
is 2,000 square feet.
B. Adult Day Care
1. The use is for a maximum of ten
, or if operated in conjunction with an Adult Care Service, the number of clients together with the number of residents exceed the total permitted for the Adult Care Service.
2. The use shall comply with one of the following.
a. For a maximum of 15
;
b. For an unlimited number of
with a minimum
of 20,000 square feet; or
c. If operated in conjunction with an Adult Care Service, the total number of clients and residents shall not exceed the total permitted for the Adult Care Service.
C.
Service and Entertainment
1. The maximum permitted
is 2,000 square feet.
2. The following standards are required of large bars or dance halls:
a. Minimum
for the following use areas are measured from the use area to a
line of R-3 or
:
(1) Outdoor Use Area: 500 feet.
(2)
: 200 feet.
(3) Loudspeakers: 500 feet.
(4) The Zoning Examiner may authorize a reduction to the required
if special physical circumstances exist that will mitigate any negative impacts.
b. Security Management Plan
The applicant must submit a security management plan describing the method and operation of security within and outside the
, including the
, to the Zoning Administrator and the Police Chief. Any changes or amendments to the plan must be filed with, and approved by, the Zoning Administrator and the Police Chief.
c. Access
Access shall be either from a
shown on the
(MS&R) Map with no vehicular access to the
from a
or from a
within a nonresidential
.
3. Large bars and dance halls are prohibited.
D.
Service
1. Overnight confinement for clinic treatment is permitted for a maximum of five
.
2. Boarding of
is prohibited.
3. The activity shall be within a completely
.
4. An outpatient clinic is permitted for small
only.
5. The minimum
for
, shelters,
runs, and fenced areas from a
to a residential is 100 feet.
6.
, shelters,
runs, and fenced areas shall be
at least 100 feet from any
.
7. The use shall be
at least 200 feet from any residential .
8.
defined as either use of 25% of
dedicated to long-term boarding or 25% of the normal
service use capacity. Long-term boarding is defined as a stay of five or more consecutive calendar days.
9. The minimum perimeter yard for
, shelters,
runs, and fenced areas from a
to a residential is 30 feet.
10.
shall be constructed so that direct unaccompanied access by
to outside areas is not allowed.
11. A solid masonry wall or fence six feet in height shall be constructed along the perimeter of all outdoor
runs.
12. Solid waste shall be removed from outdoor exercise areas every five hours at a minimum during time periods when these areas are in use.
13.
must be accompanied by a facility employee or pet owner at all times when outside the
. All walks and exercise periods must take place on facility grounds.
14. Outdoor operations are limited to 6:00 a.m. to 8:00 p.m.
15. The average noise level, measured at the
, shall not exceed 55 dB (one LDN) when measured on an "A weighted" sound level meter and according to the procedures of the Environmental Protection Agency.
E.
Residence
1. Purpose
To provide an
residence use in the NC, C-1, C-2, and C-3 commercial
designed to be used as both a dwelling and work space by an artist,
, or craftsperson, including
engaged in the application, teaching, or performance of fine arts such as, but not limited to drawing, vocal or instrumental music, painting, sculpture, and writing; and the accessory sale of art objects produced on the premises.
or spaces within
shall be used jointly for commercial and residential purposes. Nothing in this subsection limits
as otherwise permitted by the applicable zoning.
2. Combined Uses
A
or a tenant space in a commercial may be used as an
workshop with a residential dwelling. The workshop and workshop activities shall be located indoors unless outdoor activity is permitted by the applicable zoning.
3. On- Sales
The on-
sale of the artist’s products, including occasional shows of the artist’s works, is a permitted
.
4. Separation and Access
Access to the residential use shall be only through the same access that is provided for the
use.
5. Operational Requirements
The operation of the
residence shall not create noise, vibrations, smoke, fumes, dust, odors, vapors, other noxious emissions, or any other similar
that are discernible beyond the boundaries of the
enclosing the
residence.
6. Parking
Each
residence unit shall provide two on-
for each residential component and one on-
parking space for each 500 square feet of
(GFA) of the work space area. The GFA of the residential component shall not be included in the parking calculation.
F. Automotive - Service and Repair
1. Auto washing is prohibited.
2. The service
is limited in design to accommodate no more than two vehicles at any time. The maximum permitted vehicle space size is ten by 25 feet.
3. The use must occur within an
with one access per
, not on the side toward any residential .
4. The
walls shall have no openings, other than non-opening windows, within 30 feet of the
residential
line.
5. Auto washing, limited to a self-service, coin-operated car wash, is permitted on the premises. No more than six
using hand-operated, wand-type equipment or more than one
using automatic equipment are permitted, and vacuum equipment shall be located at least 100 feet from any residential . Mechanical equipment that powers the conveyor must be entirely enclosed.
6. The maximum
shall be 2,000 square feet.
7. Limited to one automatic in-
car wash that shall not include conveyors or motorized air-drying. It shall be
within a
except at points of
, have a maximum
of 600 square feet, and not exceed 12 feet in height.
G. Billboards
1. Pedestrian Access
Pedestrian access shall not be located under, or within five feet of, a vertical line intersecting the ground and any structural element extending from a billboard, including, but not limited to, overhangs, cantilevered beams, and elevated walkways. Refer to Section 7-01, Pedestrian Access, of the Technical Standards Manual for requirements.
2. Parking
shall not be located under, or within five feet of, a vertical line intersecting the ground and any structural element extending from a billboard, including, but not limited to, overhangs, cantilevered beams, and elevated walkways.
3. Loading
4.
and Screening
Refer to Table 7.6.4-1, Landscape Border and Screening Standards, for
and screening requirements for billboards.
5. Height
The maximum permitted height shall be in accordance with Section 7A, Sign Standards.
H. Child Care in Residential and Office
1. Dispersal
A 600-foot separation between child care centers in residential
is required. Child care centers that provide only before- and after-school programs at elementary and secondary school are not considered for the purposes of this separation. The separation distance is measured from
, except in the case of a child care center on a
where the separation is measured from that portion of the
devoted to the child care use.
2. Licensing
If licensing is required by the State of Arizona for the use, proof of such licensure shall be provided prior to issuance of a certificate of occupancy.
3. Hours and
of Operation
Child care centers
to R-3 or
are limited in hours of operation to 6:00 a.m. to 7:00 p.m. and to operation Monday through Friday only, except as provided in Section 4.9.4.H.9, Extended Hours for any Number of Children.
4.
The minimum
from all
to R-3 or
is 20 feet, unless the
requirements of the applicable is greater.
may be reduced from the 20 feet to the
required under the applicable if there are no openings on the side of the
to R-3 or
. If the
wall is parallel to the
, only that side of the
facing the
cannot have any openings. If the
is not parallel to the
, there cannot be any openings within 20 feet of the
. For the purposes of this section, “no openings” means all windows and doors are closed by fixed walls or nonoperable windows. Where openings are not allowed, an emergency exit door, which can only be opened from inside the
and has an alarm, is allowed. (Figure 4.9-B,
for Child Care in Residential and Office
)
5. Recreation Areas
Minimum distance of outdoor recreation areas, including, but not limited to, swimming and wading pools, ball fields, and playground equipment, to any
property in R-3 or
shall be 25 feet. Where
a
or
, the
shall be measured to the
of a
. A wall shall be required between a recreation area provided on
and
to R-3 or
.
6. Number of Children
The maximum number of children cared for shall be as follows.
a. 30 children;
b. 100 children; and,
c. Unlimited number of children.
7.
The minimum required
size are as follows. In no case will a
larger than ten
be required.
a. Six and six-tenths
in RH and SR;
b. 72,000 square feet in SH and RX-1;
c. 32,000 square feet in RX-2;
d. 14,000 square feet in R-1, R-2, and certain specified uses in O-2;
e. 10,000 square feet in R-3 and certain specified uses in O-3;
f. The minimum required
size shall be equal to the minimum
size required for the in Section 4.9.4.H.7.a, .b, .c, or .d for the
, divided by 30 and multiplied by the maximum enrollment for which the center is licensed; and,
g. The minimum required
size shall be equal to 200 square feet per child, multiplied by the maximum enrollment for which the center is licensed, plus 4,000 square feet.
8.
The center shall front on a
(MS&R)
with no vehicular access to the
from a
or on a
within a nonresidential
. The
requirements shall be apply to a child care center located on an elementary school
if the child care center is in
with the dispersal, licensing, recreational area and
, hours and
of operation limitations, and
standards.
9. Extended Hours for Any Number of Children
In addition to the requirements of Section 4.9.4.H.1, .2, .3, and 8, a child care use that operates before 6:00 a.m. or after 7:00 p.m. or on Saturday or Sunday where the
is
to R-3 or
shall comply with the following.
a.
The minimum
size for a child care center with extended hours of operation or weekend operation shall be two and one half
, except in RH and SR where the minimum
shall be ten
.
b.
The minimum
shall be 75 feet from a
to R-3 or
.
c. Recreational Areas
Outdoor recreational areas, including, but not limited to, swimming and wading pools, ball fields, and playground equipment, shall be screened and
from any
to R-3 or
as follows:
(1) A wall, as defined in screening materials, shall be required between a recreational area and the
.
(2) The minimum
from the
property in R-3 or
shall be 100 feet. Where
a
,
, drainage-way, or other
, the
shall be measured to the
of a
.
d.
shall be designed so that no more than 50% of the parking spaces provided are within 50 feet of an interior
to R-3 or
.
I. Communications
1. Limited to a radio or television station, provided the
do not occupy more than 30% of the
and are set back at least 50 feet from any
C-1 or more restrictive zoned property.
2.
’s Communication Plan. Each wireless communication
shall provide a plan of its facilities to the
prior to any application for the installation of a
or
. The plan shall cover the entire
and within three miles of the
limits. The plan shall include the following.
a. All of the
’s existing
and
, by size and type, and their coverage areas.
b. All presently anticipated future
and the types of
and heights desired for each of the
.
c. The various types of
and
used by the
to furnish service and when they are used. This includes drawings providing the sizes and shapes of the
and equipment and written materials describing their application.
d. The
’s policy direction for the
and/or reduction of existing and proposed
and
to avoid the negative proliferation of such facilities.
e. The
’s policy direction on the
and/or the reduction of the negative visual impact created by existing or proposed
and
, including any proposals to
or
such facilities designed to be architecturally and/or environmentally
with their surroundings.
f. The
’s policy direction on
of
on their own facilities or on ones from other providers or on other
that provide the verticality required for the
. The policy shall also provide that the
shall not enforce any requirement by an owner of property that would prohibit
.
g. Designation of an agent of the
who is authorized to receive communications and notices pursuant to this section.
3. General. The following shall be applicable to all wireless communication requests.
a. Noninterference with Public Safety. No wireless communication transmitter, receptor, or other facility shall interfere with police, fire, and emergency public safety communications. The
of Operations for the
is authorized to determine whether any transmitter, receptor, or other facility has interfered with public safety communications or is reasonably believed to be an imminent threat to public safety communications. Upon making that determination, the
of Operations shall notify the Zoning Administrator and the
responsible for that facility. The Zoning Administrator may obtain a temporary restraining order from the City Court with or without notice to enforce this section, provided a hearing is scheduled within five
of the Court’s order.
b. All applications for
/
will be reviewed by the Communications Division of the City of Tucson Operations Department and any other appropriate public safety department to ensure that the proposed installation of the
/
will not interfere with any public safety communications or operations of the
. All applications shall include a certification by a registered or electrical engineer that each proposed
or
will be in compliance with all standards established by the Federal Environmental Protection Agency and Federal Communications Commission (FCC) regarding potential health and safety hazards. Submittal of information and review of the application by the Department of Operations shall be in accordance with all applicable standards.
c. Any
or
for which the use is discontinued for six months or more shall be removed, and the property shall be restored to its condition prior to the location of the
or
, all at the expense of the
. The
may require
to ensure compliance with this provision.
d. No new
shall be permitted within 400 feet of a designated
or
; within a designated Historic Preservation
(HPZ) or Environmental Resource
(ERZ); or on a
or
as identified in a Hillside Development
(HDZ) except as follows:
(1) Communication
and
shall be permitted on a
or
that was used for such facilities prior to March 3, 1997, provided any new
and
do not increase the area already disturbed and the placement of any new
in such areas is approved as a special exception in accordance with Section 3.5.3, Zoning Examiner Legislative Procedure.
(2) New
may be permitted under Section 4.9.4.I.4 and.5 if they also comply with the purposes and review procedures of the overlay .
(3) New communication
may be permitted on
in exceptional circumstances, provided there is no alternative and the placement is approved in accordance with Section 3.5.3, Zoning Examiner Legislative Procedure.
f. All proposed wireless communication
and
shall be in compliance with all Federal Communications Commission (FCC) regulations, including those protecting the public health and those protecting historic districts.
g. Submittal Requirements. The following information is to be submitted with each application for the installation of a
or
.
(1) An updated
’s Communication Plan, including any proposed changes in the
,
,
, or policy direction;
(2) The proposed
/
location, the type of
/
, and the proposed
;
(3) A statement of compliance with FCC requirements and specifically the areas listed in Section 3.5.4.20.C.6.;
(4) If the proposed installation involves a new
, then the following information is required.
(a) The searched area for the proposed location;
(b) All existing
,
,
, etc., of greater than 20 feet in height located within the searched area; and,
(c) A report on why
within the
is not a viable alternative.
(5) Any technological or engineering requirements which effect or limit the location, height, or construction of the proposed
/
should be included in reports.
4. The following are permitted provided they meet the required Use Specific Standards. The PDSD Director may forward the request to the Design Review Board (DRB) for design review and recommendation.
a. Wireless communication
, provided:
(1) The
are collocated on an existing wireless communication
;
(2) The
and
are architecturally and/or environmentally compatible with the surrounding structure(s) and general area;
(3) The existing
is set back at least the height of the
structure from the boundary of any other property zoned residential or office;
(4) The existing
may be replaced and/or extended up to six feet in height to allow for the placement and architectural treatment of the new
; and,
(5) The maximum extension of the new
and associated attachments shall not exceed 36 inches as measured perpendicular to the
at the point of attachment.
5. The following requires approval in accordance with Section 3.3.3, PDSD
Approval Procedure. The PDSD may forward the request to the Design Review Board (DRB) for design review and recommendation.
a. Wireless communication
, provided:
(1) The
are mounted on the wall or roof of a
, or concealed within an architectural or structural element of the
, not exceeding the permitted height of the
;
(2) The
and
, or architectural or structural element, are architecturally and/or environmentally
with the
and general area; and,
(3) Wall or roof mounted
are limited to six feet above the
, or to 15 feet if the
are mounted on top of the roof, the
is 40 feet high or taller, and no more than six feet of the
can be seen from any point on the
which is a distance from the
equal to the height of the
.
b. Wireless communication
, provided:
(1) The
are mounted on an existing within public
or public property;
(2) The
are architecturally and/or environmentally
with the and general area;
(3) The existing may be extended up to ten feet in height to allow for the placement and architectural treatment of the new
; and,
(4) The new
do not substantially increase the visual mass of the existing facility.
6. The following requires approval in accordance with Section 3.3.4, 100' Notice Procedure. The PDSD shall forward the request to the Design Review Board (DRB) for design review and recommendation.
a. Wireless communication
, provided:
(1) The
are mounted on or within a new
or in a manner that
or
the
or new
. For purposes of this subsection, painting may be a method of concealing or disguising a
;
(2) The
,
, and are architecturally and/or environmentally
with the surrounding (s) and general area;
(3) A new
is set back at least two times the height of the
from the boundary of any other property zoned residential or office; and,
(4) The
and
are 50 feet or less in height.
b. Wireless communication
, provided:
(1) The
are mounted on a new
or an existing in a manner that is designed or painted so as to minimize their visual impact;
(2) The
and
are architecturally and/or environmentally
with the existing
and general area;
(3) The
is set back a minimum of 500 feet from nonindustrially zoned property except where the nonindustrially zoned property is used as an interstate highway or railroad; and,
(4) The
and
are 80 feet or less in height.
7. The following requires approval as a special exception in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure. The Zoning Examiner may forward the request to the Design Review Board (DRB) for design review and recommendation.
a. Wireless communication
, provided:
(1) The
are mounted on a new
and the
and
are concealed or disguised, or the
are collocated on an existing ;
(2) The
and
are architecturally and/or environmentally
with the surrounding (s) and general area;
(3) A new
is set back at least two times the height of the from the boundary of any property zoned residential or office; and,
(4) The
and
are 50 feet or less in height.
b. Wireless communication
, provided:
(1) The
are mounted on a new
and the
and
are concealed or disguised, or the
are collocated on an existing ;
(2) The
and
are architecturally and/or environmentally
with the surrounding (s) and general area;
(3) A new
is set back at least two times the height of the from the boundary of any property zoned residential or office; and,
(4) The
and
are 80 feet or less in height.
8. The following requires approval as a special exception in accordance with Section 3.4.4, Mayor and Council Special Exception Procedure. The Mayor and Council may forward the request to the Design Review Board (DRB) for design review and recommendation.
a. Wireless communication
, provided:
(1) The
or
are not permitted by other provisions of this section;
(2) New
require a minimum separation of one mile from any existing
, regardless of ownership, unless documentation establishes that no practical alternative exists;
(3) All appropriate measures shall be taken to
or
the
and
from external view;
(4) All appropriate measures shall be taken to reduce the negative proliferation of visible
and
by the
of new
on existing
or with the facilities of other providers that are located or planned for
within the proposed
; and,
(5) Notice shall be provided to all agents designated, in accordance with Section 4.9.4.I.2.g, at least 15
prior to the date of the public hearing before the Zoning Examiner.
J. Construction Service
1. The use shall be
at least 100 feet from any
.
2. The yard shall be completely
by screening a minimum of six feet in height.
K. Entertainment
1. A circus, carnival, or tent show shall be permitted for no longer than 15
.
2. Circuses, carnivals, and tent shows are reviewed for compliance in accordance with Section 3.3.3, PDSD
Approval Procedure.
3. A circus, carnival, or tent show shall be
100 feet from the activity to the
of any residential use or .
4. Motor vehicle
and
facilities for a circus, carnival, or tent show shall be dust-proofed, and access to the
shall be identified and controlled to minimize vehicular and pedestrian conflicts.
5. The use shall be
at least 200 feet from any
.
6. Concerts, dances, and other similar high-noise activities shall be conducted entirely within an
or
a minimum of 600 feet from
residentially zoned property. When the activity occurs outdoors, the high-noise activity shall be directed away from residential areas. Modification of this criterion may be permitted by the Mayor and Council through the special exception process provided:
a. All speakers and similar sound projecting devices are oriented away from
residentially zoned properties;
b. The applicant will develop a noise
plan for the use based on the specific activities proposed and the proximity of such activities to the residential
;
c. Noise levels are continuously monitored during the performance, and noise emission standards are enforced by a cultural use employee (or designee); and,
d. The performance ends no later than 10:00 p.m.
L. Financial Service
1. Limited to a maximum of three
service lanes, with one restricted to
automated teller machine (ATM) service only.
2. The use shall be
at least 100 feet from any
.
3. No
facilities, such as payday loan facilities, except where permitted as a special exception under Section 4.9.4.L.4.
4.
are reviewed and considered for approval in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure, and must comply with the following.
a. A
shall be separated from other
by a distance of 1,320 feet.
b. A
shall be located at least 500 feet, measured in a straight line, from the
to a
line of R-3 or
.
M. Food Service
1. Activities may be conducted outdoors. Loudspeakers or music, live or recorded, shall not be permitted within 600 feet of a residentially zoned property.
2. Dancing shall not be permitted.
or
restaurants shall not be permitted.
3. Soup kitchens are not permitted.
4. Soup kitchens shall comply with the following standards.
a. The use shall be conducted within a completely
.
b. Seating shall be provided at 100% of the
service capacity.
c. A
shall be provided within the
for a minimum of one-half of the total number of
to be served.
d. Public rest rooms shall be provided.
e. No other soup kitchen use shall be located within one mile.
5. To differentiate between a restaurant that serves
and a bar that serves food, a restaurant meets the following standards.
a. The full
remains open and
are available to patrons during all hours of operation, except as follows. Restaurants open later than 10:00 p.m. must keep the full
open until at least 10:00 p.m. to maintain their classification as a Restaurant.
b. Management cannot ask for age verification (carding) for admittance to the establishment.
c. Management cannot restrict patronage by age or sex (i.e., Ladies Night, Over 21, etc.) except for limited special services or events within certain limited areas of the establishment.
d. A cover charge cannot be required for general admittance, except for special services or events offered within certain areas of the establishment.
e. Management shall maintain a minimum amount of table seating at all times and not have tables removed to create a dance floor or set aside major sections of the establishment for special events.
f. The gross revenue sale of food complies with A.R.S. § 4-205.02(G)(2).
6. All Food Court sites must be reviewed, permitted, and developed in accordance with the UDC and the adopted Building Code, including those for signage and waste collection, and shall comply with the following standards:
a. A business license is required to be held for the entire facility and on-site management is required to be present during all hours of operation to ensure compliance with the required standards.
b. Retail sales vendors are permitted as an
to the Food Court but shall not exceed 50% of the designated vendor stalls.
c. Canopies, awnings, or shade structures designed to shield operators or patrons must meet the UDC and adopted Building Code requirements and must be permanently affixed to the ground.
d. Compliance with the adopted Outdoor Lighting Code and outdoor lighting standards is required.
7. If all, or part, of the Food Court operates outdoors, those outdoor portions shall also comply with the following standards, including outdoor lighting requirements:
a. All vendors shall be located within a developed stall. The number of vendors will be limited by the number of stalls.
b. Permanent power pedestals for each vendor stall are required. A central grease interceptor to serve all vendors is also required.
c. Temporary or permanent accessible restrooms and a
with delineated parking spaces with a dust-proof surface may be permitted as exceptions to the standard requirements.
d. If located within an existing developed site, such as a shopping center
, excess available parking may be allocated to the requirements for the Food Court. Parking spaces utilized for vendor parking and patron access may continue to be counted towards the parking provided on-site. On-site circulation standards and fire routes must be maintained. Additional landscaping (UDC Article 7.6) and stormwater retention and detention standards (TSM Sect 4-03.0.0) are not required.
f. The outdoor hours of operation are limited to 7 a.m. to 10 p.m.
g. The use of outdoor internal combustion generators is prohibited.
N. Funeral Service
1. A crematorium shall be
a minimum of 200 feet from any
.
2. A crematorium shall be
a minimum of 500 feet from any boundary of the
that adjoins property in a residential .
O. Medical Service
1. The use shall provide a minimum of one
loading space or the number of spaces required in accordance with Section 7.4,
Loading, whichever is greater.
2. Blood donor centers are not permitted.
3. Blood donor centers shall comply with the following standards.
a. The
is not located in the same
as a residential or any elementary or secondary school or Day Care use.
b. The
is located at least 300 feet, measured in a straight line, from the
to a residential
line or the
of an elementary or secondary school.
c. A
equal to 10% of the
is provided.
d. No other blood donor center is located within 1,200 feet.
P. Medical Service in Residential and Office
Standards
1. The facility must front on a
on the
or on a residential
, provided:
a. The residential
intersects a
on the
; and,
b. The property is within 150 feet of a
on the
, measured along the residential
.
2. Minimum
.
a. A minimum
of 20 feet from any
to a residential is required.
b. A minimum
of 100 feet from any
is required.
4. If licensing is required by the State of Arizona for the use, proof of such licensure shall be provided.
Q. Major Medical Service and Outpatient Medical Service,
1. Food Service; General Merchandise Sales; Personal Service or other permitted
to a Medical Service, Major use, except as noted in 4.9.4.Q.2
a. The use shall be located within a principal
.
b. Access to the use shall be from within the principal
or from the interior of the
.
c. Outside display or storage of merchandise or supplies is prohibited.
d. A sign(s) associated with the
shall not be visible from any public
.
e. Sale of items shall be restricted to those associated with medical services.
2. Transportation Services, Air Carrier, Helipad, as an accessory use to a Medical Service, Major use.
a. The primary use shall be a medical facility licensed by the State of Arizona as a general or special hospital with a minimum of 50 beds.
b. The helipad shall be in compliance with all applicable regulations of the Federal Aviation Administration, including Circular No. 150/5390-2C "Helistop and Heliport Design," or subsequent revisions to this advisory circular at the time of construction.
R. Office
Standards
1. Chain link fencing shall not be used to meet screening requirements.
2. Refuse areas shall be
at least 20 feet from
and interior
a residential use or , except when
pickup is approved by the Environmental Services Department.
3. Refuse areas shall be screened from the
with materials similar to those of the principal
.
4. Noise-generating equipment shall be located in an area away from
residential uses or vacant residentially zoned property.
5. Vehicular access shall be from other than internal residential neighborhood
.
6. Consolidation of
and access points shall be required for with multiple
. Consolidation of
and access points is encouraged for
.
7. New construction shall be reviewed by the Design Review Board (DRB) for architectural and
design
with the surrounding residential area. The DRB review shall include architectural style,
elevations, materials on exterior facades, color schemes, new mechanical equipment locations, lighting of outdoor areas, window locations and types, screening,
,
, and other contributing design features. The DRB recommendation shall be made to the PDSD for determination of
. The DRB shall find that:
a. The
materials on the exterior facade are
with those used within the neighborhood
;
b. Color schemes of the new
are
with those of the
on the
face;
c. The exterior facade of new construction is of a residential type architecturally if
to a residential use or vacant residentially zoned property;
d. The
scale of new construction complements, rather than is dominant in scale to,
; and,
e. Any new mechanical equipment located on the roof are screened and that the
is integrally designed as part of the architectural style of the
. If this cannot be done, the equipment shall be located at ground level and screened from the
.
S. “P” Parking
Standards
Parking is restricted to at or below
.
to cover-
parking is permitted.
T. Personal Service
1. Laundry facilities shall not exceed 3,000 square feet of
.
2. An attendant shall be on the premises during all open hours.
3. No more than 24 dry cleaning units are permitted.
4. The maximum
is 2,000 square feet.
U. Research and Product Development
1. All operations, including storage, shall be housed within a completely
.
do not have to be located within
.
2. The minimum
requirement is 10,000 square feet.
3. Every
shall be
from
to residential uses or
a distance equal to three times the height of the
.
V. Sale of Spirituous Liquor in Conjunction with Food Service Use
1. The Food Service establishment shall provide regular
service at regularly available tables during all hours of operation or until 10:00 p.m. to guests for compensation. The establishment shall have
facilities for keeping, cooking, and preparing foods for
.
2. The Food Service establishment shall have 75 seats or more for the serving of
at regularly available tables for all hours of operation. Seating at counters, in private banquet rooms, and outdoor seating shall not count toward the minimum 75-seat requirement.
3. The Food Service establishment may serve
with
; however, an area separate from the Food Service use shall not be provided with tables, counter areas, and/or booths for
to sit at primarily for service of
operating as an
Service establishment, unless:
a. The Food Service establishment has 75 seats or more for the serving of
at tables (seating at counters, in banquet rooms, and outdoor seating shall not count toward the 75-seat requirement) that are available at all hours of operation;
b. The
Service area does not exceed, in size, 25% of the Food Service
, including any Food Service outdoor area; and,
c. The
Service area does not have an outside
separate from the main entrance to the Food Service use.
4. The Food Service establishment may serve other
in addition to beer and wine.
5. A Food Service use with more than 75 seats for the serving of
at tables that are available at all hours of operation may have a dance floor, provided such dance floor shall not be larger than 200 square feet. Seating at counters, in banquet rooms, and outdoor seating shall not count toward the 75-seat requirement.
6. Signs are not permitted in or on a window or on the exterior of any
or within the
that is visible from a public
or
residentially zoned property identifying or advertising the
Service use or the sale of spirituous liquors.
7.
shall not be provided with or
services.
8.
Service may be provided outdoors if the outdoor area is a minimum of 100 feet from residentially zoned property excluding public
, or is separated by a
from
residentially zoned property. If the use is within 600 feet of a residential , no loudspeakers or music, live or recorded, are permitted.
9. A Food Service establishment that is located within 300 feet of a residential , excluding public
, measured in a straight line from the licensed premises to the
line of R-3 or
may serve
upon
with the following conditions:
a. The applicant is required to submit a
plan to the PDSD
that will be reviewed in accordance with Section 3.3.5, 400' Notice Procedure. The plan shall specifically address noise from the use, including noise, screening of lighting from vehicle headlights and light standards on , parking, and access to neighborhoods, but shall not address issues that are the purview of the Arizona Department of Liquor Licenses and Control, such as the number of liquor licenses in the area or the hours of liquor sales.
b. If the use is operated in a manner that violates the
plan or conditions for permitting the use or causes adverse impacts, the use may be suspended or terminated in accordance with Section 10.4, Penalties and Remedies.
W. Technical Service
1. The maximum permitted
is 1,500 square feet.
2. The maximum permitted
is 3,500 square feet.
X. Trade Service and Repair
1. Major
If located within 30 feet of a residential use or , the
walls shall have no openings, other than non-opening windows, within 30 feet of the
residential use or
line.
2. Minor
Use shall exclude the repair and replacement of upholstery and the repair of burglar alarms and motor vehicle stereos.
Y. Transportation Service, Air Carrier
1. The minimum
shall be as required by the Federal Aviation Agency (FAA) for the
facility. The
shall not be less than permitted by the underlying zoning.
2. The Mayor and Council may restrict the number of flights and hours of operation due to the proximity and intensity of noise-sensitive
.
3. The runway length required for safe operation shall be as shown in the flight manual of the largest aircraft to use the
and an additional 240 feet at each end of the runway.
4. The runway width shall be 240 feet centered on the runway.
Z. Travelers’ Accommodation, Campsite
1. The use shall be in conjunction with, and within, a mobile home park.
2. The overall number of
and campsites shall not exceed the overall
permitted for the mobile home park.
3. The campsite area shall not be located
to a non-mobile home residential .
4. Access to the area shall be through the mobile home park.
5. The area shall comply with the mobile home park
standards.
6. No more than 25% of the total spaces in the mobile home park can be used for the campsite use.
AA. Travelers’ Accommodation, Lodging -
1. The minimum required distance to any public
is 100 feet.
2. Outside entrances shall not face any public
.
3. The use shall be operated for the convenience of the guests.
4. When the
Service use is provided in an area set aside from the Food Service area, such as a bar or cocktail lounge, that area of the
Service use shall not have an outside
separate from the entrance to the
.
5. The total area of retail and service establishments shall not exceed 5% of the total
.
6.
-Related Uses
a. No more than one
for each 10,000 square feet of
.
b. No stable or corral shall be located within 100 feet of any
or within 300 feet of any existing
on an
property at the time of the improvement.
c. No stable or corral shall be located or maintained closer than 50 feet to any
or closer than 100 feet to any school, park, public
(excepting an
), or dwelling on
properties.
7. Travelers’ Accommodation, Lodging, shall have at least 50 rooms for transient lodging.
8.
Service may be provided outdoors if the outdoor area is a minimum of 100 feet from residentially zoned property or is separated by a
from
residentially zoned property. If the use is within 600 feet of a residential , no loudspeakers or music, live or recorded, are prohibited.
9.
shall not be provided with or
services.
10. No
, except beer and wine, shall be served.
11. Signs are not permitted in or on a window or on the exterior of any
or visible from a public
or from
residentially zoned property identifying or advertising the
Service use or the sale of spirituous liquors.
12. Large Bars are prohibited.
13. Soup Kitchens are prohibited.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11410, 11/22/2016; Am. Ord. 11508, 12/5/2017; Am. Ord. 11608, passed 12/18/2018; Am. Ord. 11609, passed 12/18/2018; Am. Ord. 11732, 2/19/2020; Am. Ord. 11996, 3/21/2023; Am. Ord. 12060, 11/28/2023)
A. Craftwork Manufacturing
1. The area devoted to the use shall not exceed 25% of the
or 1,000 square feet, whichever is less.
2. The products manufactured on
shall be sold at retail on the premises.
3. The products manufactured on
shall be limited to leather-craft, jewelry, and clothing.
B. Extraction
1. The use shall be
at least 300 feet from any
, except that the use may be closer than 300 feet to an
I-2 zoned
with the written consent of the owner of the
property.
2. The generation of dust shall be minimized.
C. Manufacturing and Industrial (Includes General, Heavy Equipment, Precision, and Primary Manufacturing
)
1. The manufacturing activity shall be located on the same
or
with the permitted use.
2. Access shall be from a
. Access from an
shall also be permitted, provided the
is at least 20 feet wide; it is paved for its entire
length; and zoning on both sides of the
for its entire length within the
is not residential or office.
3. Reserved.
4. Manufacturing uses shall be conducted wholly within completely
.
5. All work and activity in connection with, and accessory to, a manufacturing use, such as loading and unloading areas, docks, and platforms, shall be located entirely within a
or an area on the
that shall be
on all sides by a solid wall or fence six feet in
. Such loading and unloading areas, docks, and platforms shall be located as far from any surrounding residential uses or
as is reasonably possible.
6. The manufacturing and allied uses and activities shall be conducted in
with the following use specific standards:
a. Noise
The sound level of any individual operation shall not exceed the levels permitted in Section 16-31, Excessive Noise, of the Tucson Code.
b. Smoke
Smoke emission from any source shall not exceed a
greater than that described as No. 1 on the Ringleman Chart. However, smoke may be emitted that is equal to, but not darker than, No. 2 on the Ringleman Chart for not more than four minutes in any 30-minute period. For the purpose of
the
of smoke, the Ringleman Chart, as published by the U.S. Bureau of Mines, shall be the standard.
c. Glare or Heat
Any activity producing intense glare or heat shall not be performed in such a manner as to create a
or hazard beyond the
.
d. Odors
Emission of odorous gases or other odorous matter shall not be permitted in such quantities as to be offensive to owners or occupants of
property or in such a manner as to create a
or hazard beyond the
.
e. Vibration
No vibration shall be permitted that is discernible beyond the
to the human sense of feeling for a duration of three minutes or more in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m. or of a duration of 30 seconds or more in any one hour between the hours of 7:00 p.m. and 7:00 a.m.
f. Fly Ash, Dust, Fumes, Vapors, Gases, and Other Forms of Air Pollution
No emission shall be permitted that can cause damage to health,
, vegetation, or other forms of property or that can cause any excessive soiling of the air.
g. Liquids and Solid Waste
No waste shall be discharged into the
, drainage-ways, or on property possibly creating a danger to the public health and safety, and no waste shall be discharged in the public sewage system that might endanger the normal operation of the public sewage system.
h. Illumination
Illumination of
and open areas shall be located and directed so as to eliminate glare toward
and
properties and shall comply with the requirements of the Tucson Code, Chapter 6, (Outdoor Lighting Code).
7. Soap manufacturing is limited to cold process only.
8. Outdoor storage, when permitted, shall not be located in a
. Outdoor storage areas shall be screened in accordance with Section 7.6,
and Screening. No materials or products shall be stacked or stored to exceed the of the within 50 feet of an residential
or . Outdoor display of finished products is permitted within a in an area limited to 10% of the or 10,000 square feet, whichever is less. Such display area shall not encroach into required landscape buffer areas. Outdoor storage in the P-I
is limited to 25% of the .
9. Accessory Manufacturing uses to Commercial Services, Retail Trade, or Wholesaling Use Groups, are permitted:
a. In the C-2 , limited to 25% of the
except as follows. Accessory manufacturing uses may occupy more than 25% of the
if the use complies with Section 4.9.5, Industrial Use Group.
b. In the C-3 , limited to 33% of the
except as follows. Accessory manufacturing uses may occupy more than 33% of the
if the use complies with Section 4.9.5, Industrial Use Group.
c. In the OCR-1 and OCR-2
, limited to 50% of the
. Exception: The accessory may exceed 50% of the
if it complies with the applicable use-specific standards in Section 4.9.5, Industrial Use Group.
10. The
is limited to:
a. Those products that are wholesaled, manufactured, or stored on the premises; and,
b. No more than 25% of the total area, but not to exceed 2,500 square feet.
D. Motion Picture Industry
1.
and
shall be
at least 100 feet from the boundary of the
.
E. Perishable Goods Manufacturing
1. The manufacturing of fish or meat products, sauerkraut, sugar beets, vinegar, and yeast and the rendering or refining of fats and oils shall not be permitted.
2. Slaughterhouses, meat packing plants, fertilizer yards, and plants for the reduction of
matter is not permitted.
3. The
shall be at least 300 feet from any
.
4. The area devoted to the accessory is limited to a maximum of 33% of the
.
5. The accessory is limited to baked goods and confectionery products.
6. The accessory is limited to the manufacturing of beer, “microbrewery.”
7. The area devoted to the accessory shall not exceed 25% of the
or 1,000 square feet, whichever is less.
8. The products manufactured on
must be sold at retail on the premises.
9. Accessory Manufacturing uses to Commercial Services, Retail Trade, or Wholesaling Use Groups, are permitted in the:
a. In the C-2
, limited to 25% of the
except as follows. Accessory manufacturing uses may occupy more than 25% of the
if the use complies with Section 4.9.5.
b. In the C-3
, limited to 33% of the
except as follows. Accessory manufacturing uses may occupy more than 33% of the
if the use complies with Section 4.9.5.
F.
Restrictions
1. Manufacturing activities involving the use, storage, or disposal of
shall be prohibited, except as permitted below.
2.
that does not become an integral part of the manufactured product or is exempt from the licensing requirements of, or is permitted under, a general license issued by the Arizona Atomic Energy Commission or its legally established successor, may be used, stored, or disposed of as part of a manufacturing activity.
3.
may be used in medical diagnosis and therapy or in medical, educational, or industrial research and
.
G. Salvaging and Recycling
1. Salvaging and Recycling is limited to recycling collection bins only.
2. All Salvaging and Recycling activities and storage shall occur within an
.
3. Salvaging and Recycling is limited to empty
product containers, such as, but not limited to, aluminum cans, glass and plastic bottles, and newspaper.
4. Junkyards, salvaging of motorized vehicles, such as cars, trucks, airplanes, and similar vehicles; salvaging of hazardous materials; and landfills are not permitted.
5. Salvaging and Recycling is restricted to collection of recycling materials.
6. In addition to the requirements of Section 7.6,
and Screening, there shall be a wall at least six feet in between this use and any residential
.
7. The
goods donation center shall be located in a permanent
staffed by an attendant who remains on the premises during the center’s hours of operation.
8. Security procedures or physical barriers shall be provided to prevent after-hours drop-off of donated items and to prohibit nighttime access to these items.
9. The applicant shall submit a security management plan that describes the operation of the center, to the Zoning Administrator for review and approval. The plan shall include: the
and hours of operation for the center; descriptions of the planned security procedures and/or physical barriers planned to prohibit both vehicular access when the center is closed and outside storage when the center is closed; the outdoor lighting schematic; and the operational procedures planned to implement the security management plan. Any changes or amendments to the security management plan shall be filed with and approved by the Zoning Administrator. If the use is operated in a manner that violates the security plan or conditions for permitting the use, the use may be suspended in accordance with Section 10.4, Penalties and Remedies.
10. Signs shall be posted on the
providing the
and hours of operation and stating that donations are not to be left after the center has closed.
11. One
service lane may be provided for customer drop-off of donated items.
12. The
goods donation center shall be located on, and have access from, either a
designated as an
in the
(MS&R) or a
in a commercial or industrial park that has direct access to an
.
A. Golf Course
1. Standards for Permitted and Special Exception
a. At least nine holes are required.
b. There must be at least 75 feet between a tee and its hole.
c. A tee and cup must be at least 100 feet from any
.
d. A driving range shall be placed so that flying balls are directed toward the interior of the
.
f. Activities may occur outdoors.
2. Standards for
to Golf Courses
a.
Service
(1) Permitted only as part of, and in conjunction with, a Food Service use. All requirements for dispensing
listed for Food Service, Section 4.9.6.A.2.b, apply.
(2) The
Service area may not have a separate outside entrance. Access shall be through the Food Service use area.
(3) Large bars are not permitted.
b. Food Service
(1) The Food Service establishment shall have
facilities for keeping, cooking, and preparing foods for
.
(2) Food Service establishments with at least 75 seats for dining at regularly available tables may operate a cocktail lounge or bar to sell all spirituous liquors for on-premises consumption.
(3) Soup kitchens are not permitted.
c. Personal Service and General Merchandise Sales
(1) Personal Service and General Merchandise Sales shall be integrated into the main
associated with the
, such as a clubhouse or registration office. Access shall be from within such main
.
(2) No sign associated with the Personal Service or General Merchandise Sales shall be visible from the exterior of the
.
(3) General Merchandise Sales shall be limited to the sale of items related to the
only.
d. In addition to Section 4.9.6.A.2.a, .b, and .c, the following requirements apply.
(1) The minimum distance to any public
shall be 100 feet.
(2) Outside entrances shall not face any public
.
(3) The use is operated for the convenience of the users of the Golf Course.
A. Artist Studio/Residence in I-1
1. The use is limited to
in existence on February 25, 1991, within the designated Artist Studio/Residence Area as defined in Section 11.4.2, Definitions-A.
2. The use shall not displace existing industrial uses.
3. The appearance and structural integrity of the
shall be preserved or enhanced.
4. Residential use of the property shall be
and accessory to the artist studio use, with no greater than 50% of the
devoted to the accessory residential use.
5. The accessory residential use shall be occupied by an artist who is also the occupant of the principal artist studio use.
6. Adequate measures shall be provided to assure the health, safety, and welfare of the occupants in relation to any industrial process, use, or storage carried out in the artist studio/residence or on
properties.
7. The use shall not impair or interfere with the continued industrial use of
properties or with the purposes of the industrial .
B.
Dwelling
1. Both dwellings shall be under the same ownership and on the same
.
2. Both dwellings shall comply with the dimensional standards in accordance with Article 6.
3. One dwelling must be at least 25% smaller than the other dwelling.
4. The dwellings may be attached or detached.
5. A manufactured housing unit is not considered a dwelling for the purposes of this section, unless it is located in a
recorded after January 1, 1982, and not located in a re-
of any
recorded prior to January 1, 1982.
6. A manufactured housing unit is not considered a dwelling for the purposes of this section, unless the following standards are met or a
that has been clearly identified for manufactured housing has been approved and permits for manufactured homes have been issued for 25% or more of the
prior to December 27, 2000:
a. It is placed on an excavated and backfilled foundation (ground set). If the home is located in a floodplain, the bottom of the lowest floor joist shall be a minimum of one foot above the 100-year/base flood elevation, and the foundation of the home shall be placed on the
;
b. No more than eight inches of perimeter skirting wall shall be visible from the
of the property. The perimeter skirting wall shall match the exterior color of the home;
c. The exterior siding materials shall be either hardboard, vinyl, or stucco;
d. Concrete or masonry steps shall be provided for the entry on the
side of the dwelling;
e. All entry doors on the
side of the dwelling shall be inward-swinging doors; and,
f. The roofing style and materials shall be either flat roof (Pueblo), steel rib roof, or shingle or tile roof with a 3:12 roof pitch or greater. All pitched roofs, except those that are disguised by a parapet, shall have a minimum six inch eave on all sides of the dwelling.
7. For any new single-
dwelling in the R-1 with five
, three parking spaces are required. For every
over five, one additional space is required for each
. For all single-
dwellings in the R-1 zone with five or more
, and for all
containing two or more single-
dwellings, with the second dwelling having more than one
, all parking spaces must be located on-
, either in a side or rear
. Parking spaces may not be located in a
in any front
. A
is not required to be developed to a commercial standard. A dustproof parking surface is required to at least a minimum of two inches of compacted pea gravel. An existing covered residential
may be used.
8. If there is one or more dwelling(s) on a
, all dwellings on a
are considered to be one dwelling for the purpose of determining whether there is a group dwelling. If there are five or more unrelated
residing on the
, it is a group dwelling that is not permitted.
9. Subject to the requirements of this Section 4.9.7.B.9, any group dwelling use existing prior to February 15, 2012 shall be treated as a lawful
and in accordance with Article 9,
,
, and , except as otherwise expressly provided in this Section and in Tucson Code Section 16-37. A plan approved by the Mayor and Council prior to the enactment of this ordinance shall be treated as a for a maximum number of unrelated equivalent to the number of on the approved plan.
a. The right to treatment as a
or under this section is established by the following:
(1) Evidence that the property was registered as a rental property as required by A.R.S. §33-1902 on or before February 15, 2012, or is otherwise timely registered as required by that statute; and
(2) Evidence acceptable to the Zoning Administrator that establishes the maximum number of unrelated
to whom the dwelling was leased pursuant to subsection (a) above. Such evidence may include executed leases, tax records, an approved
plan as described in this section, or other documentation. An executed lease that was executed during the calendar year 2009, 2010, or 2011 shall be sufficient under this subsection to establish the number of
to whom the dwelling was leased.
b. If a group dwelling is established for treatment as a lawful
as provided in subsection (1) above, the maximum number of unrelated
to whom the dwelling may be leased shall be that number established by the evidence provided under subsection (1)(b) above.
c. Notwithstanding the provisions of Section 9.2.1.B, an established
under this Section 4.9.7.B.9 shall not be deemed abandoned or lost based upon the leasing of the dwelling after February 15, 2012 to less than five unrelated
, to related
, or to a single
; or upon the failure to lease the dwelling, provided that it is continually registered as a rental property as described under A.R.S. §33-1902.
e. To the extent any of the provisions of Tucson Code Section 16-37 or this Section 4.9.7.B.9 conflict with Article 9:
,
, and relating to the discontinuance or
of a , the provisions of this Section and Tucson Code Section 16-37 shall control.
10. Occupancy of a dwelling by five or more unrelated
is a group dwelling and is not permitted.
11. The following standards apply to
dwellings in the Rio Nuevo District:
a. The maximum
is 17 units per
;
b. A minimum
of 2,500 square feet is required;
c. The maximum permitted
is 90%;
d. A minimum
equal to one and one-half times the height of the proposed exterior
wall is required from a
to a residential ; and,
e. A
is not required from a
to a nonresidential .
C.
Dwelling or Mobile Home Dwelling as
in Industrial
1. The dwelling is permitted as an
to an Industrial, Wholesaling, or Storage Use in the P-I, I-1, and I-2
.
2. The use is restricted to one single-
or mobile home dwelling for a caretaker of the
.
3. The dwelling shall conform to the
standards for the
.
D.
are permitted as Accessory
to Mobile Home Dwelling or
Dwelling as follows:
1.
other than those specified below are required to comply with Section 4.9.7.E,
: General Standards; or,
2. The following uses within the specified
are required to comply as follows:
a.
: Day Care is permitted in SR, SH, RX-1, RX-2, R-1, R-2, R-3, MH-1, MH-2, O-1, O-2, O-3, NC, and C-1 subject to: 4.9.7.E.1, .2, .3, .5, .6, .7, .9, .10, .11, & .13 and F.
b.
: Group Dwelling is permitted in IR, RH, SR, SH, RX-1, RX-2, R-1, R-2, R-3, MH-1, and MH-2 subject to: 4.9.7.G.
c.
: Travelers’ Accommodation, Lodging is permitted in SR, SH, RX-1, RX-2, R-1, MH-1, O-1, O-2, and NC subject to: 4.9.7.H.1 & .5 - .11.
d.
: Travelers’ Accommodation, Lodging is permitted in R-2 and MH-2 subject to: 4.9.7.H.2 & .5 - .11.
e.
: Travelers’ Accommodation, Lodging is permitted in R-3 and O-3 subject to: 4.9.7.H.4 - .11.
f. : Where
Production, Crop Production, General Farming, and/or Stockyard Operation is permitted as a principal use, the same standards and procedure required to establish the applicable principal use is required when establishing the home occupation.
g.
: Urban Farm is permitted in O-1, O-2, O-3, NC, C-1, C-2, C-3, MU, OCR-1, OCR-2 subject to: 4.9.2.E and 4.9.7.E.5.
E.
: General Standards
1.
require review and consideration for approval in accordance with Section 3.3.3, PDSD
Approval Procedure.
2. The
shall be clearly secondary to the residential use of the dwelling.
3. The
shall be conducted in such a manner that it is
with the residential character of the neighborhood in which it is located.
4. Except for multifamily
, no more than 25% of all
on the
may be devoted to the
. For multifamily
, no more than 25% of the
may be devoted to the
. A detached accessory
of not more than 200 square feet in area may be used for such
. This provision applies to a : Crop Production greenhouses. Outdoor
are exempt.
5.
other than those residing in the dwelling shall not be employed in the
, except that one nonresident of the premises may be employed in the IR, RH, SR, SH, O-2, O-3, NC, C-1, C-2, C-3, OCR-1, and OCR-2
.
6. Goods related to the
shall not be visible from the
. This provision applies to a : Crop Production greenhouses. Outdoor
are exempt.
7. Goods shall not be sold on the premises.
8. Outdoor storage of materials or equipment related to the
activity is not permitted on the premises.
9. Except for permitted signage and
not in an enclosed
or
, the home occupation use shall not substantially alter the exterior appearance or character of the residence in which it is conducted, either by exterior construction, lighting, graphics, or other means.
10. No more than one sign shall be visible from the exterior of the property used as a
. The sign shall not exceed one
in size. Signs shall also conform to Chapter 3 of the Tucson Code.
11. A
shall not create any
, hazard, or other offensive condition, such as that resulting from noise, smoke, fumes, dust, odors, or other noxious emissions. Electrical or mechanical equipment that causes fluctuations in line voltage, creates any interference in either audio or video reception, or causes any perceivable vibration on
properties is not permitted.
12. No more than ten clients per day, and only one client at a time, shall be permitted on
.
13. Except as otherwise required, additional motor vehicle and
parking is not required for a
. The
may involve the use of no more than one commercial vehicle for the transportation of goods or materials to and from the premises. The commercial vehicle is limited to a passenger car, van, or pickup truck. This vehicle cannot be more than 20 feet in overall length and not more than seven feet in overall height and shall be parked on private property in a
or
or shielded from view from
properties by
, fencing, or screening material. Motor vehicle and
parking necessitated by the conduct of such
shall be provided on
.
14. Automotive - Service and Repair, and Medical Service uses are prohibited as
.
15. For
: Crop Production and General Farming uses, the on-site accessory sale of agricultural products grown on-site is permitted in accordance with Section 6.6.5.F.
F.
, Day Care: Permitted in Office, Residential, NC and C-1
:
1. No more than one full-time equivalent
not residing on the premises shall be employed in the day care use.
2. During the hours of activity of the day care use, there is no limit on the amount of
devoted to this use.
3. Outdoor activities and equipment associated with the use is permitted and shall be screened by a five-foot fence, wall, or hedge where
R-3 or
.
4. Hours of operation shall be noted on the application, and those hours of operation shall not create an adverse impact on
residences.
5. Any vehicle used in conjunction with the day care use is limited to a passenger car, van, or pickup truck.
6. The day care use shall be approved and licensed by the Arizona Department of Health Services (ADHS), if required by ADHS, prior to final approval.
G.
, Group Dwellings
1. Room and board shall be provided to not more than two
in the
Dwelling who are not members of the
or
in the IR, RH, SR, SH, RX-1, RX-2, MH-1
. Room and board shall be provided to not more than four
in the
Dwelling who are not members of the
or
in the R-2 or MH-2
.
2.
shall be served only to roomers or boarders residing in the
Dwelling. Separate
in guest rooms are prohibited.
3. Parking is required for Group Dwellings in accordance with Section 7.4, Motor Vehicle and
Parking.
H.
, Travelers’ Accommodation, Lodging
1. Accommodations are permitted for up to four guests for a maximum stay of 14
. No more than two sleeping rooms shall be used to accommodate guests.
2. Accommodations are permitted for up to eight guests for a maximum of 14
. No more than four sleeping rooms can be used to accommodate guests.
3. Accommodations are permitted for up to 12 guests for a maximum stay of 14
. No more than six sleeping rooms can be used to accommodate guests.
4. Accommodations are permitted for up to 20 guests for a maximum stay of 14
. No more than ten sleeping rooms can be used to accommodate guests.
5.
can be served only to guests staying in the facility. Separate
in guest rooms are prohibited.
6. The PDSD
shall determine whether the
and
are
with the surrounding residential area. The Design Review Board (DRB) reviews all applications, except those involving properties within the Historic Preservation
(HPZ), for
and make recommendations to the PDSD
. The DRB reviews architectural style,
elevations, materials on exterior facades, color schemes, new mechanical equipment locations, lighting of outdoor areas, window locations and types, screening,
,
, and other contributing design features. Applications in an HPZ are reviewed for
in accordance with Section 5.8.8, Design Review Required.
7. No more than one full-time equivalent
not residing on the premises may be employed in the
use.
8. Outdoor activities and equipment associated with the use are permitted and shall be screened by a five foot fence, wall, or hedge when
R-3 or
.
10. If
, Group Dwelling and
, and/or Travelers’ Accommodation, Lodging, occur on the same
, the total number of guests, roomers, and boarders shall not exceed the number of guests permitted for that .
11. The minimum required
is 10,000 square feet.
I.
in Mobile Home Parks
1. Day Care, Child uses are subject to Sections 4.9.4.H.1, .2, .3, .4, and .5;
2. Travelers’ Accommodation, Campsite uses are subject to Section 4.9.4.Z;
3. The listed secondary uses, except for mobile home unit sales and Travelers' Accommodation, Campsite, are permitted only if all of the following apply:
a. The use is located in the social or recreation center of the park;
b. The social or recreation center is located 50 feet or more from any
of the mobile home park and 100 feet or more from any
bounding the mobile home park;
c. The
does not occupy more than 25% of the
of the social or recreation center;
d. No merchandise or supplies shall be stored or displayed outside the
;
e. Exterior signs or public advertising are prohibited; and,
f. Food and Beverage Sales is limited to a delicatessen, snack bar, or food store only. Personal Services is limited to a coin-operated laundry or pick-up station for dry cleaning only.
4. Vehicle rental and sales of model units in the mobile home park are permitted as
in accordance with the following:
a. Section 4.9.7.I.2;
b. Each model home shall have the same
and spacing requirements as other units;
c. The number of spaces allotted for model homes shall be no more than 5% of the total spaces in the mobile home park; and,
d. Exterior display or advertising is limited to one sign. The sign may not exceed six square feet at each model, be over six feet in height nor be illuminated.
5. Recreational vehicles may occupy no more than 25% of the existing spaces designed for mobile homes provided:
a. The mobile home park is in an MH-2 , or the mobile home park was built prior to July 1, 1995.
b. The rental lease is for no less than one-month.
J. Residential Care Services
1. A Rehabilitation Service or Shelter Care use shall not be less than 1,200 feet, in any direction, from another Rehabilitation Service or Shelter Care use. The applicant shall provide documentation demonstrating compliance with this standard prior to the establishment of the use.
2. Other Services:
a. Accessory treatment, including counseling or other types of meetings, is not permitted for nonresidents of the facility.
b. Accessory treatment, including counseling or other types of meetings, is permitted for nonresidents of the facility, if limited to 25% of the
of the facility.
3. Maximum Number of Residents Permitted.
a. Care is permitted for a maximum of ten residents.
b. Care is permitted for a maximum of 15 residents.
c. Care is permitted for a maximum of 20 residents.
d. Care is permitted for an unlimited number of residents.
4. If licensing is required by the State of Arizona for the use, proof of such licensure is required.
5. Prior to the establishment of a Rehabilitation Service or Shelter Care in an industrial , applicants for the use shall provide to the PDSD a report and
environs analysis for the facility indicating that adequate measures are provided to assure the health, safety, and welfare of the residents of the facility in respect to any industrial process, use, or storage carried out on the
or on
properties.
6. The
shall be located at least 500 feet, measured in a straight line, from the
to a
line of R-3 or
.
7. The maximum permitted
is 50%. Minimum
from all
residential zoning shall be 25 feet. The minimum required
is three
, except as follows:
a. In the RH , there is no minimum
; or,
b. In the SR , the minimum required
is 144,000 square feet.
8. The maximum permitted
is 60%. The minimum required
from all
residential zoning is 20 feet. The minimum required
is one and one-half
, with the following exception. Exception: There is no minimum
requirement for Residential Care Services uses in the R-3, C-1, C-2, C-3, OCR-1, and OCR-2
.
9. The minimum required
is 20,000 square feet.
10. The
shall be located at least 200 feet, measured in a straight line, from the
to a
line of R-3 or
.
(Am. Ord. 11127, 11/6/2013; Am. Ord. 11171, 5/20/2014; Am. Ord. 11201, 9/23/2014; Am. Ord. 11328, 12/8/2015; Am. Ord. 11557, 6/5/2018; Am. Ord. 11860, 8/10/21; Am. Ord. 11996, 3/21/2023)
A. Restricted Adult Activities
1. The adult establishment shall not be less than 1,000 feet from any church, school, public playground, park, or neighborhood recreation
.
2. The adult establishment shall not be less than 1,000 feet from any residential use
or residential
line.
3. The adult establishment shall not be less than 1,000 feet from the premises of any other adult entertainment enterprise.
4. The adult establishment requires approval in accordance with Section 3.3.3, PDSD
Approval Procedure.
5. The activity shall occur within an
.
6. In the I-1 , all activity, including the display of any retail items, shall occur within a completely
and shall not be visible from the exterior.
A. Food and Beverage Sales
1. One
is permitted.
2. The maximum permitted area of the stand is as follows:
a. 3,000 square feet.
b. 750 square feet.
c. 200 square feet.
3. Only the sale of farm products grown or produced on the premises is permitted.
4. The
must be at least 20 feet from any
.
5. The minimum
from any
intersection is 150 feet.
6. The
shall be
a minimum of 45 feet from the
.
7. The minimum required
is 800 square feet.
8. The maximum width of the entry to the
is 30 feet.
9. If the stand is open more than six months per calendar year, the
must be surfaced in accordance with Section 7.4.6.I, Surfacing Requirements. If open a shorter time, these areas shall be maintained to minimize dust.
10. The maximum permitted
is 4,000 square feet.
11. The following standards apply to retail establishments:
a. The maximum permitted
is 100,000 square feet of
. The 100,000 square feet of
includes
, outdoor storage areas, and any outside area that provides associated services to the public, such as, but not limited to, outdoor merchandise display, snack bars, etc. The
does not include motor vehicle parking or
. For the purposes of determining the applicability of the 100,000
maximum, the aggregate square footage of all
stores, which share cashiers, management, a controlling ownership interest, and storage areas, shall be considered one establishment, e.g., a plant nursery associated with a general merchandise store, such as a home improvement store.
b. Establishments greater than 100,000 square feet of
(Large Retail Establishments) are considered for approval in accordance with the special exception procedure in accordance with the applicable .
12. Farmers’ Market
a. The predominant sales area must be for agriculture-related products.
b. Outdoor activity, including the outdoor display of products for sale, is permitted.
c. Compliance with the Tucson Code, Section 16-31, Excessive Noise (Neighborhood Preservation Ordinance) is required. Additionally, loudspeakers and amplified music are prohibited outdoors when within 300 feet of a residential use or
. Any high noise activity, such as amplified entertainment, shall occur within an enclosed building when within 300 feet of a residential use or zone.
d. The retail area shall be dust proofed.
e. All litter, tents, stalls, food, merchandise, signs (on-site and off-site), and other evidence of the Farmers’ Market shall be removed from the premises at the end of the permitted operation time.
f. A Farmers’ Market shall not be operated more than two days each week.
g. A Farmers’ Market shall not be operated more than six hours per day between sunrise and sunset.
B. General Merchandise Sales
1. Outdoor display or storage of fertilizer, manure, or other odorous material shall be located at least 30 feet from any
.
2. The maximum
is 2,000 square feet.
3. The
is limited to a maximum of 12 fuel dispensing locations.
4. The following standards shall apply to the retail establishment (store):
a. The retail establishment (store) is limited to a maximum of 100,000 square feet of
. The 100,000 square feet of
includes
, outdoor storage areas, and any outside area that provides associated services to the public, such as, but not limited to, outdoor merchandise display, snack bars, etc. Motor vehicle parking or
are not included in the
calculation.
b. For the purposes of determining the applicability of the 100,000
maximum, the aggregate square footage of all
stores that share checkstands, management, a controlling ownership interest, and storage areas shall be considered one establishment, e.g., a plant nursery associated with a general merchandise store, such as a home improvement store.
c. Establishments greater than 100,000 square feet of
(Large Retail Establishments) shall be considered through a special exception process as provided in the applicable .
C. Heavy Equipment Sales
1. Any area used for the display or storage of heavy equipment shall be surfaced with a hard, durable, dustproof material.
2. Any lights used to illuminate outdoor activity shall be arranged so as to reflect the light away from
residential uses or
.
D. Large Retail Establishment Design Standards
Large Retail Establishments shall be subject to the following use specific standards. Variances from the standards shall not be permitted; however, if one or more of the standards cannot be met, the applicant may request approval through the special exception process where there is substantial compliance with this section.
1.
Design and Relationship to Surrounding Community
a. Vehicular Access
The
shall provide safety and protection to
residential uses by having motor vehicle access from a major
as designated by the adopted
. Access can also be provided from a
that is not designated by the
, provided it can be shown that any negative impacts on residential uses or residentially zoned properties can be mitigated.
b. Buffers
The
shall provide visual and noise buffers where the
is
to a residential use or residentially zoned property. This can be accomplished by providing a minimum
of at least 200 feet from a residential use or residentially zoned property that is
to the
. An eight foot high, or higher, masonry
wall and at least a 20-foot wide landscape buffer shall be provided
to the
where it adjoins a residential use or residentially zoned property. The landscape buffer shall be placed on the inside of the
wall and shall include, in addition to shrubs and groundcover,
at 20- to 30-foot intervals depending on the separation needed for the tree canopies to touch at maturity to form a noise, light, and visual
above the
wall. No other uses, such as, but not limited to, parking or storage, shall be permitted within the landscape buffer area.
c. Outdoor Storage Areas
The
shall mitigate visual and noise impacts on residential uses, residentially zoned properties, and
that may be
to the
from outdoor storage areas (when permitted by the
requirements). The
can be accomplished by locating these areas on-
and at least 200 feet from any residential use or residentially zoned property that is
to the
. The areas should be screened or
so that they are not visible from public
, public
, internal pedestrian walkways, or
residential properties. The
shall be at least eight feet high and of masonry construction to assure the highest level of noise abatement and to confine any loose papers, cartons, and other trash. Storage materials shall not be visible above the
wall. It is preferred that these outdoor storage areas be placed between
in a manner that would allow the
to act as
.
d. Trash Collection Areas
The
shall mitigate visual and noise impacts on
residential neighborhoods and
from trash collection areas by locating these areas on-
and at least 200 feet from any residential use, residentially zoned property, and
that is
to the
. The areas shall be screened or
so that they are not visible from public
, public
, internal pedestrian walkways, or
residential properties. Screening and
of these areas shall conform to the predominant materials used on the
. The
shall be at least eight feet high and of masonry construction to assure the highest level of noise abatement and to confine any loose papers, cartons, and other trash. It is preferred that these trash collection areas be placed between
to allow the
to act as
. No trash shall be removed between 4:00 p.m. and 9:00 a.m. as part of scheduled trash collection.
e. Pedestrian Flow
The
shall provide pedestrian accessibility, safety, and convenience to reduce traffic impacts and enable the
to
a friendly, inviting image.
shall be at least eight feet wide and unobstructed and shall connect the public
, the main entrances to the stores, transit stops on- or off-
, and other
on the
, in addition to providing convenient access to
residential neighborhoods.
shall be provided along the full length of any
where it adjoins a
.
shall have an associated three foot wide landscape strip for their entire length, except at intersections with
(
). The
shall include
or other shading devices to shade at least 65 to 75% of the
during the major part of the day (shadow pattern needs to be taken into consideration).
f. Central Features and Community Spaces
The
shall provide attractive and inviting pedestrian scale features, spaces, and amenities. Entrances and
locations shall be functional and inviting with walkways conveniently tied to logical destinations. Bus stops should be considered integral parts of the configuration whether they are located on-
or along the
. Customer drop-off/pick-up points that may be provided should also be integrated into the design (shall not conflict with traffic lanes or pedestrian paths). Pedestrian ways shall be anchored by special design features, such as towers, arcades, porticos, light fixtures, planter walls, seating areas, and other architectural features that define circulation paths and outdoor spaces. Examples are outdoor plazas, patios, courtyards, and window shopping areas. Each
shall have at least two of these features.
g. Delivery and Loading Spaces
(1) Delivery and loading operations shall be designed and located to mitigate visual and noise impacts to
residential neighborhoods. If there is a residential use or residentially zoned property
to the
, such operations shall not be permitted between 10:00 p.m. and 7:00 a.m. Delivery and loading spaces shall be
at least 200 feet from a residential use or residentially zoned property that is
to the
, unless such operations are located entirely within an
, provided it is no closer than the allowable
.
(2) Delivery trucks shall not be parked in close proximity to or within a designated delivery or
during non-delivery hours with motors and/or refrigeration/generators running, unless the area where the trucks are parked is
at least 300 feet from residential property to mitigate the truck noise. The
shall not apply if the main
is located between the truck parking and the residential use or residentially zoned property to act as the
.
(3) The delivery and
shall be screened or enclosed so that they are not visible from public
, public
, internal pedestrian walkways, or
properties. The
shall be of masonry construction and at least ten feet high, measured from the loading dock floor elevation, to
the noise and activity at the loading dock. The masonry
assures the highest level of noise abatement. It is preferred that the delivery and loading spaces be
within a
or placed between
in a manner that would allow the
to act as
.
h. Traffic Impacts
The applicant shall have a professional entity perform a Traffic Impact Analysis (TIA) report for the
using the Institute of Transportation Engineers’ Trip Generation publication as the standard for trip generation calculation, as well as a parking generation report proposing the number of
required for the
, if different from shopping center calculations. The scope and standards for the TIA report shall be approved by the Department of Transportation, prior to submittal of the TIA report. The parking generation report shall be accepted by the Department of Transportation and PDSD, prior to the first public hearing. The TIA report shall identify traffic flow impacts on the public
, recommend
measures to address those conditions that fall below the standards established by the adopted regional Mobility Management Plan, and show how the applicant will provide the recommended
. The Mayor and Council may approve a parking requirement that supersedes the number required by Section 7.4, Motor Vehicle and
Parking, as part of their review process. The TIA and parking generation reports are applicable to a specific application. Any change to the specific proposed use of the and requires resubmittal, review, and approval of a revised TIA report and revised parking generation report.
i. Outdoor Lighting
A photometric plan and outdoor lighting report shall be required that provides information on how outdoor lighting is addressed to mitigate negative impacts on
residential uses or residentially zoned properties. The report shall also address the negative impacts of outdoor lighting between the hours of 10:00 p.m. and 7:00 a.m. on
residential properties or
and how they will be mitigated. Outdoor lighting between 10:00 p.m. and 7:00 a.m. shall be limited to low-pressure sodium lighting.
j. Outdoor Sales Display/Ancillary Uses
Measures to mitigate any negative impacts to a residential use or residentially zoned property that is
to the
from the location of any outdoor activity associated with services to the public, such as, but not limited to, outdoor merchandise display and sales, outdoor storage, and outdoor snack bar and eating areas shall be required. The outside activity shall be
at least 250 feet and oriented to face away from any residential use or residentially zoned property that is
to the
, unless a
is located between the activity and the residential property.
k. Hazardous Materials
The
shall provide a Hazardous Materials Management Plan and Hazardous Materials Inventory Statement as provided in the Fire Code to assure that the
and design will protect public health and safety from accidental exposure to hazardous materials as provided in the Tucson Fire Code.
l. Noise Abatement
The
shall provide a noise
plan indicating how the noise initiated by the will be mitigated to comply with noise standards in Section 16-31, Excessive Noise, of the Tucson Code. Trucks shall not be left idling between the hours of 6:00 p.m. and 7:00 a.m.
m. Combination of Retail with Food and Beverage Sales
General Merchandise Sales and retail sales shall not be combined with Food and Beverage Sales except where one of the
Classes consists of less than 10% of the
.
2. Aesthetic Character of
a. Facades and Exterior Walls Including Sides and Back
The
shall be designed in a way that will reduce the massive scale and uniform and impersonal appearance and will provide visual interest consistent with the community’s identity, character, and scale. Long
walls shall be broken up with projections or recessions with depths of at least 3% of the facade length along all sides of the
. Along any public
, the
design should include windows, arcades, or awnings along at least 60% of the
length. Architectural treatment, similar to that provided to the front facade, shall be provided to the sides and rear of the
to mitigate any negative view from
properties and/or
.
b. Detail Features
The
shall provide architectural features that contribute to visual interest at the pedestrian scale and reduce the massive aesthetic effect by breaking up the
wall, front, side, or rear, with color, texture change, wall offsets, reveals, or projecting ribs.
c. Roofs
The roof design shall provide variations in roof lines to add interest to, and reduce the massive scale of, large
. Roof features shall complement the architectural and visual character of
neighborhoods. Roofs shall include two or more roof planes. Parapet walls shall be architecturally treated to avoid a plain, monotonous look, unless it is in keeping with the architectural style of the
, e.g., Santa Fe style with smooth walls.
d. Materials and Color
The
shall have exterior
materials and colors that are aesthetically pleasing and
with materials and colors that are used in
neighborhoods. This includes the use of high-quality materials and colors that are low reflective, subtle, neutral, or earth tone. Certain types of colors shall be avoided, e.g., fluorescent or metallic. Construction materials, such as tilt-up concrete, smooth-faced concrete
, prefabricated steel panels, and other similar material shall be avoided, unless the exterior surface is covered with an acceptable architectural treatment.
e. Entryways
The
design shall provide design elements that give customers orientation on accessibility and that add aesthetically pleasing character to
by providing clearly-defined, highly-visible customer entrances.
f. Screening of Mechanical Equipment
(1) Roof- or ground-mounted mechanical equipment shall be screened to mitigate noise and views in all directions. If roof mounted, the
shall be designed to conform architecturally with the design of the
, whether it is with varying roof planes or with parapet walls. A wood fence or similar treatment is not acceptable.
(2) Ground-mounted mechanical equipment shall be screened. The
shall be of masonry construction and be of sufficient
to block the view and noise of the equipment.
3. Design Review Board (DRB)
All proposed Large Retail Establishments shall be reviewed by the Design Review Board (DRB) for recommendation to the PDSD
, who will make a recommendation on whether the
complies with the use specific standards. The DRB will base its recommendation on whether or not the
complies with the use specific standards related to
, architecture, and
design, as provided in Section 4.9.9.D, Large Retail Establishment Design Standards, where specific requirements are not provided. The applicant shall be responsible for providing all documentation and information necessary to show compliance, such as, but not limited to, , elevations, plans, floor plans, and outdoor lighting photometry plan.
E. Marijuana Facility
1.
.
a. The total maximum
of a
shall not exceed 10,000 square feet.
b. A medical marijuana dispensary shall be located in a permanent
and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home,
, or other motor vehicle. “
” shall have the same meaning provided in Section 11.4.3, Definitions-B.
c. The permitted hours of operation of a
are from 7:00 a.m. to 10:00 p.m.
d. A
shall have an interior customer
equal to a minimum of 25% of the sales
. For purposes of this section, sales
is defined as any area open to customers for the sale of products. This does not include waiting areas, areas for production and storing of products, or offices.
e. A
shall not have outdoor seating areas.
f. A
may deliver marijuana, once rules permitting and regulating delivery are approved by the AZDHS and become effective, and shall comply with state law and all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency.
g. A
shall be
a minimum of 2,000 feet from any other marijuana dispensaries, measured in a straight and direct horizontal line between the two closest exterior or applicable interior suite walls of marijuana dispensaries.
h. A
shall be
a minimum of 500 feet from a K-12 public, private, or charter school or a licensed childcare center, measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the
to the closest of a school or childcare center. Exception: For the purposes of this section, the following uses are not considered schools and, therefore, are exempt from the
requirement: 1) school administrative offices not located on or contiguous with a school site; and, 2) athletic fields or playgrounds used for school functions that are not contiguous with a school site, except as provided in Section 4.9.9.E.1.k.
i. A shall be a minimum of 500 feet from a public park listed in Section 6: Marijuana Dispensary and Dispensary Off-Site Cultivation Uses - Required Setback from Certain Parks, of the Technical Standards Manual, or library and a minimum of 500 feet from a licensed residential substance abuse diagnostic and treatment facility or other licensed residential drug or alcohol rehabilitation facility, measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the to the closest
of a library, public park, licensed residential substance abuse diagnostic and treatment facility, or other licensed drug or alcohol rehabilitation facility.
j. The expansion of an existing
shall be
a minimum of 500 feet from a K-12 public, private, or charter school, measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the
to the closest of a school.
k. A
and associated uses such as infusion kitchens, shall comply with all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency.
l. Odor
(1) Odor
devices and techniques shall be incorporated in all marijuana facilities to ensure that odors are mitigated. As such, this may be done through an exhaust air filtration system with odor control that prevents internal odors from being emitted externally or through any other best practices deemed adequate for odor mitigation as determined by the Zoning Administrator.
(2) An odor
plan shall be submitted demonstrating compliance with odor control requirements. When a modification is made to a marijuana facility, or the facility operation, that has the potential to impact the nature or degree of odor, or affects the control of odor, and
requirements for bringing the entire
up to code per Sections 7.4.3.E, 7.5.3.E, 7.6.2.B & 9.2.2, the marijuana facility owner must update its odor
plan within 30 days of facility modification. Failure to submit an updated odor
plan within 30 days of facility modification is a
of this section and shall be a civil infraction.
(3) Upon receipt of a formal complaint through code enforcement related to a marijuana facility's odor, an inspection for compliance with the odor mitigation plan shall be conducted. If an inspection reveals that the existing odor mitigation plan does not comply with the odor
plan for the marijuana facility or marijuana facility's cultivation
, code enforcement shall provide the owner or person in charge with a notice of deficiencies and the owner or person in charge will be required to bring facility into compliance with the approved odor mitigation plan.
2. Marijuana Dispensary Off-Site Cultivation Location/Manufacturing Location
a. In the C-2 and C-3 zones, the total maximum
of a medical
shall not exceed 10,000 square feet.
b. In the P-I, I-1 and I-2 zones, there is no size limit.
c. In the C-2 and C-3 zones, a medical
shall be located in a permanent
and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home,
, or other motor vehicle. “
” shall have the meaning provided in Section 11.4.
d. In the I-1 and I-2 zones, a
, or a
in the P-1, I-1, and I-2 zones, shall be located in a permanent, enclosed, locked facility in accordance with state statutes and Arizona Department of Health Services rules and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.
e. In the C-2 and C-3 zones, a
shall be
a minimum of 2,000 feet from any other marijuana dispensaries or marijuana dispensary off-site cultivation locations measured in a straight and direct horizontal line between the two closest exterior or applicable interior suite walls of marijuana dispensaries' cultivation locations.
f. In the C-2 and C-3 zones, a
shall be
a minimum of 1,000 feet from a K-12 public, private or charter school or a licensed childcare center measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the marijuana off-site cultivation location to the nearest of a school or childcare center. Exception: For the purposes of this section, the following uses are not considered schools, and therefore, exempt from the
requirement: 1) school administrative offices not located on or contiguous with a school
; and, 2) except as provided in Section 4.9.9.E.k, athletic fields or playgrounds used for school functions that are not contiguous with a school
.
g. In the C-2 and C-3 zones, a shall be a minimum of 1,000 feet from a public park listed in Section 6: Marijuana Dispensary and Dispensary Off-Site Cultivation Uses - Required Setback from Certain Parks, of the Technical Standards Manual or library and a minimum of 1,000 feet from a licensed residential substance abuse diagnostic and treatment facility or other licensed residential drug or alcohol rehabilitation facility measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the to the closest
of a library, public park, licensed residential substance abuse diagnostic and treatment facility, or other licensed drug or alcohol rehabilitation facility.
h. In the I-1 and I-2 zones, a
, or a
in the P-1, I-1, and I-2 zones, shall be
a minimum of 500 feet from a K-12 public, private, or charter school, measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the marijuana off-site cultivation location to the closest of a school.
i. A marijuana off-site cultivation location or a
and associated uses such as infusion kitchens, shall comply with all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency.
j. A
or
shall provide only wholesale products to other marijuana dispensaries, marijuana dispensary off-site manufacturing locations, or marijuana dispensary off-site cultivation locations.
k. Odor
(1) Odor
devices and techniques shall be incorporated in all marijuana facilities to ensure that odors are mitigated. As such, this may be done through an exhaust air filtration system with odor control that prevents internal odors from being emitted externally or through any other best practices deemed adequate for odor
as determined by the Zoning Administrator.
(2) An odor
plan shall be submitted demonstrating compliance with odor control requirements. When a modification is made to a marijuana facility, or the facility operation, that has the potential to impact the nature or degree of odor, or affects the control of odor, and
requirements for bringing the entire site up to code per Sections 7.4.3.E, 7.5.3.E, 7.6.2.B & 9.2.2, the marijuana facility owner must update its odor
plan within 30 days of facility modification. Failure to submit an updated odor
plan within 30 days of facility modification is a
of this section and shall be a civil infraction.
(3) Upon receipt of a formal complaint through code enforcement related to a marijuana facility's odor, an inspection for compliance with the odor
plan shall be conducted. If an inspection reveals that the existing odor
plan does not comply with the odor
plan for the marijuana facility or marijuana facility's cultivation
, code enforcement shall provide the owner or person in charge with a notice of deficiencies and the owner or person in charge will be required to bring facility into compliance with the approved odor
plan.
3. Medical Marijuana Designated Caregiver Cultivation Location
a. All conditions and restrictions for medical marijuana dispensary off-
cultivation locations apply except that the designated caregiver cultivation location cultivation area is limited to a total 250 square feet maximum, including any storage areas.
b. A designated caregiver may cultivate at their residence for a single qualifying patient subject to compliance with A.R.S. § 36-2806.01.
c. More than one designated caregiver may co-locate cultivation locations as long as the total cultivation area does not exceed 250 square feet maximum, including storage areas.
d. A designated caregiver shall comply with all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency.
4. Medical Marijuana Qualifying Patient Cultivation Location
a. A qualifying patient may cultivate at their place of residence subject to compliance with A.R.S. § 36-2806.01.
b. A qualifying patient, cultivating marijuana, shall comply with all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency.
F. Swap Meets and Auctions
1. Large
shall not be sold.
2. Area lighting shall be low-pressure sodium and shielded on top.
3. The retail area shall be dust-proofed.
4. The following additional requirements apply if the use is located within 400 feet of a residential use or .
a. The use shall not operate later than 11:00 p.m.
b. Any high-noise activity, such as amplified auctioneering, entertainment, or woodworking, shall occur within an
.
G. Vehicle Rental and Sales
1. Outdoor lights shall not operate later than 10:00 p.m., except for security lighting provided it does not exceed 10% of all outdoor lighting.
2. Any lights used to illuminate outdoor activity shall be arranged so as to reflect the light away from
property and comply with Chapter 6, Outdoor Lighting Code, of the Tucson Code.
3. Limited to rental only; no retail sales.
H. Smoke Shop
1. A smoke shop shall be
a minimum of 2,640 feet from another smoke shop, measured in a straight and direct horizontal line between the two closest exterior or applicable interior suite walls of smoke shops.
2. A smoke shop shall be
a minimum of 1,000 feet from a K-12 public, private, or charter school, measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the smoke shop, to the closest property line of a school or childcare center. Exception: For the purposes of this section, school administrative offices not located on or contiguous with a school site are not considered schools, and therefore, are exempt from the
requirement.
3. A smoke shop shall be setback a minimum of 1,000 feet from a public park.
4. The permitted hours of operation of a smoke shop are from 7:00 a.m. to 10:00 p.m.
(Am. Ord. 11199, 9/9/2014; Am. Ord. 11328, 12/8/2015; Am. Ord. 11346, 2/23/2016; Am. Ord. 11612, 1/8/2019; Am. Ord. 11828, 4/6/2021; Am. Ord. 11978, 12/20/2022; Am. Ord. 12057, 11/14/2023)
A. Commercial Storage
1.
to a residential use or , outdoor storage shall comply with the following.
a. Storage material shall not be visible from outside the
.
b. Outdoor lighting shall be directed away from
residential uses and
.
2. Outdoor storage, when permitted, shall not be located in the
.
B. Hazardous Material Storage
1. Aboveground storage tanks for the storage of hazardous materials, such as, but not limited to, hydrogen, gasoline, diesel fuel, automotive fluids, oil, or waste-oil, are permitted as
in conjunction with and for the purpose of a
permitted
.
a. Exceptions.
(1) A tank used for storing propane, water, or heating oil for consumptive use on the premises are not regulated by this section.
(2) Within the Scenic Corridor
(SCZ), aboveground storage tanks must be located within an
.
b. The following are required of an accessory aboveground storage tank:
(1) The tank shall be used only for the purpose of servicing the vehicles used or serviced in connection with a permitted
. The tanks shall not be open for use by the public.
(2) Except as specified in this section, the
standards of the
apply to all accessory storage tanks.
(a) If the Fire Chief approves the location of a tank within an
, the minimum
shall be determined by the Fire Chief, provided that the
shall not be less than those required by the zoning.
(b) A tank that is not located within an
shall be approved by the Fire Department and
as follows.
(i) A minimum of 50 feet from any
to any area where, in the opinion of the Fire Chief, the tank could present a hazard or danger to
or property.
(ii) A minimum of 200 feet from any
to R-3 or
, or the tank location shall be processing in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure.
(iii) For Major Medical Service use only, with unrestricted aboveground storage tank capacity, a minimum of 200 feet from any
to R-3 or
, or the tank location shall be processed in accordance with Section 3.10.3, General Board of Adjustment Variance Procedure.
(3) The tank shall be
by a wall equal to the
of the tank. Exception: An unrestricted aboveground storage tank capacity, for Major Medical Service use only, may be
by a 6 foot
.
(4) The maximum permitted diameter of a tank is 95 inches. Exception: A 10,000 gallon storage tank may have a maximum diameter up to ten feet. An unrestricted aboveground storage tank capacity, for Major Medical Service use only, may have an unrestricted diameter.
(5) The maximum permitted
of a tank, excepting venting, manways, and filler caps, is ten feet above
. Exception: A 10,000 gallon storage tank may be a maximum of 12 feet in
above
. An unrestricted aboveground storage tank capacity, for Major Medical Service use only, may have an unrestricted
.
(6) An aboveground storage tank shall have a secondary containment tank.
(7) A concrete pad shall be provided under all tanks.
(8) The construction, installation, and location of the aboveground storage tanks and the types of materials to be stored in the tanks shall be approved by the Fire Chief.
(9) Aboveground storage tanks, for Major Medical Service use only, shall be painted a color complimentary to the color of the nearest
and approved by zoning review.
c. These standards shall not supersede or replace any other applicable
,
,
, or
standards and requirements for aboveground storage tanks.
2. The maximum permitted capacity of each aboveground storage tank is as follows.
a. A maximum capacity of 1,000 gallons is permitted.
b. A maximum capacity of 2,000 gallons is permitted.
c. A maximum capacity of 4,000 gallons is permitted.
d. A maximum capacity of 10,000 gallons is permitted.
e. Aboveground storage tank capacity is unrestricted for Major Medical Service use only.
C. Personal Storage
1. All storage shall be within
.
2. Access shall be from a collector or
.
3. All walls or doors visible from
and residential properties shall be surfaced with a non-reflective material.
4. The maximum permitted individual unit size is 200 square feet of
.
5. Razor or barbed wire shall not be used.
6. The facility’s exterior facade visible from
residential properties or
shall be earth tone in color and of masonry, stucco, or similar materials.
7. The maximum permitted
is three
.
(Am. Ord. 11235, 1/21/2015)
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