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4.9.10. STORAGE USE GROUP
   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)
4.9.11. USE GROUP
   A.   Distribution System
      1.   The of the facility, including walls or equipment, shall be 20 feet from any residential .
      2.   Where a facility is not within a , the surrounding shall be used as the wall for the purposes of .
      3.   The of the facility, including walls or equipment, shall be 200 feet from any existing residential . This may be varied in accordance with Sections 3.10.1 and 3.10.3, Board of Adjustment Variance Procedure.
      4.   Where a water tower more than 20 feet in height is used in conjunction with such facilities, its center shall be located a distance from any equal to not less than one-half its height.
      5.   The use shall not have any service or storage yards.
      6.   Noise emission at the shall be equivalent to the residential requirements of the noise ordinance.
      7.   No TVI (television interference) or RIV (radio interference) on a continuous basis shall be permitted.
      8.   Any housing such facility shall be in keeping with the character of the in which it is located. The Design Review Board (DRB) shall review all applications and make recommendations to the Zoning Examiner. The DRB shall review 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.
      9.   The use shall be located wholly within an   or within an area on all sides with a masonry wall or compact evergreen hedge, not less than six feet, nor more than ten feet, in .
      10.   The use shall include a ten-foot high wall in an earth tone and vegetative where to a residential .
      11.   The use shall be limited to water pumping and storage facilities, telephone exchanges, and power substations with an input voltage of no greater than 138 kilovolts.
      12.   The following requires approval in accordance with Section 3.3.4, 100' Notice Procedure. The PDSD Director may forward the request to the Design Review Board (DRB) for design review and recommendation.
         a.   Water pumping and storage facility upgrades or expansions, provided:
            (1)   Existing are not altered.
            (2)   Use Specific Standards 4.9.11.A.5, .9, .11, are met.
      13.   Transmission lines may be relieved of their requirement to be underground per UDC section 5.3, Scenic Corridor Zone (SCZ) or section 5.5, Gateway Corridor Zone (GCZ) in accordance with UDC section 3.4.3 Zoning Examiner Special Exception Procedure.
         In considering any request for a special exception, the Zoning Examiner shall take into consideration the impact of providing such an exception in historic areas (as defined by or listed in the National Register of Historic Places, properties or districts, City of Tucson Historic Preservation Zones, City of Tucson Historic Landmarks, or Neighborhood Preservation Zones), located within the specific Gateway Corridor Zone or Scenic Corridor Zone in which the special exception is being requested.
         A special exception request to relieve the requirement to underground transmission lines must meet the required findings of UDC section 3.4.5. Additionally, the effects that can be expected from permitting relief from the undergrounding requirements based on any of the criteria listed herein or any combination of those criteria when added together must remain consistent with the overall purpose and integrity of the Gateway/Scenic route, unless it is technologically impossible and/or clearly financially cost prohibitive. If relief is approved under this section, any new above-ground transmission line that is permitted must be designed, constructed, and maintained to be as unobtrusive as possible.
         A special exception request to relieve the requirement to underground transmission lines that meets the findings established by UDC section 3.4.5, Findings and which also meets criteria a, d, or f of this subsection may only require one criterion for approval when no other criteria apply to the project. Otherwise, in addition to the required findings of UDC section 3.4.5, the special exception request must meet more than one criterion listed in subsections (a) through (h) below.
         a.   The proposed overhead transmission lines are contextually sensitive to adjacent and surrounding zoning and land uses. Examples of this may include a proposed location that is industrially zoned or a proposal that results in a less adverse aesthetic impact or less adverse impact on viewsheds for surrounding properties.
         b.   Requiring underground construction would cause a significant increase in ground disturbance when compared to overhead construction in sensitive areas such as Environmental Resource Zone (ERZ) or Watercourse Amenities, Safety and Habitat (WASH) wash crossings or environmentally and archeologically sensitive areas.
         c.   The proposed overhead transmission line will have minimal impact on residential areas.
         d.   The proposed overhead transmission lines are located on non-Gateway or non-Scenic corridor routes, and the relief is requested for a segment that perpendicularly crosses a Gateway Corridor Zone or Scenic Corridor Zone, and the placement of poles is set back at least 150 feet from the curbline of the designated Gateway or Scenic Corridor.
         e.   The proposed overhead transmission lines are for a repair or upgrade of existing facilities and the proposed facilities are similar in size and scale to the existing facilities being repaired or replaced. Replacement facilities may not be any larger than 10% the height or width of existing facilities being replaced.
         f.   The transmission lines are proposed in an area where there is an existing presence of railroad, highway and/or bridge crossings, or in an area where underground installation would interfere with other existing undergrounded utilities, and curing that interference is technologically impossible or financially cost prohibitive.
         g.   The proposed transmission lines will provide electrical service to critical customers where overhead lines are strongly recommended for specialized operations; examples include but are not limited to: provision of electricity to Davis Monthan AFB or other installations necessary to the national defense.
         h.   The proposed project is in an area where costs to install underground would have a disparate impact on low-income residents.
         The ZE findings shall identify each specific criterion that relates to the application/ project, and which are met. Approval of a Zoning Examiner special exception shall not preclude any other necessary regulatory relief process such as a variance.
   B.   Renewable Energy Generation
      1.   Requires approval in accordance with Section 3.3.4, 100' Notice Procedure.
      2.   The of the facility, including walls or equipment, shall be 20 feet from any residential .
      3.   All 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 is not permitted to exceed a greater than that described as No. 1 on the Ringleman Chart. However, smoke may be emitted which 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, is 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 of the .
         d.   Odors
         Emission of odorous gases or other odorous matter is not 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 of the .
         e.   Vibration
         Vibration discernible beyond the of the is prohibited.
         f.   Fly Ash, Dust, Fumes, Vapors, Gases, and Other Forms of Air Pollution
         Emissions that can cause damage to health, , vegetation or other forms of property or that can cause any excessive soiling of the air per or guidelines is prohibited.
         g.   Liquids and Solid Waste
         Waste shall not 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 Outdoor Lighting Code in Chapter 6 of the Tucson Code.
         i.   Interference
         TVI (television interference) or RIV (radio interference) that emanates from the is prohibited.
      4.   A service or storage yard is prohibited.
      5.   In addition to the requirements of Section 7.6, and Screening, there shall be a decorative masonry wall at least six feet in between the and any residential .
   C.   Sanitation System
   Uses shall be at least 300 feet from any nonindustrial , except where the use of the non-industrially zoned property is railroad or freeway .
(Am. Ord. 11732, 2/19/2020; Am. Ord. 11942, 7/12/2022; Am. Ord. 11996, 3/21/2023)
4.9.12.    WHOLESALING USE GROUP
   Reserved.
4.9.13.    GENERAL STANDARDS, RESTRICTIONS, AND EXCEPTIONS
   The following apply to those and specific uses, including , as indicated in the use-specific standard column of the permitted use tables, Tables 4.8-1 through 7.
   A.   Access
      1.   The use shall have primary vehicular access from an .
      2.   The use shall have access from a paved public on the .
   B.   Hours
   The is restricted to hours of operation of 7:00 a.m. to 10:00 p.m.
   C.   Lighting
   In addition to the requirements of Section 6-101, Outdoor Lighting Code, of the Tucson Code, any outdoor lighting utilized in conjunction with the use shall be located and directed so as to eliminate glare toward and R-3 or .
   D.   Noise
   In addition to the requirements of Section 16-31, Excessive Noise, of the Tucson Code, the use shall be located within an  . There shall be no openings on the side of the   to R-3 or .
   E.   Outdoor Activity
   Activity may occur outdoors.
   F.   Screening
   In addition to the requirements of Section 7.6.5, Screening Standards, there shall be a wall at least five feet in between this use and any residential .
   G.       (OS)- General Restrictions and Requirements
      1.   Applicability
      The OS may be applied to both public and private lands that warrant protection as . The OS may be applied to land only with the express written consent of the property owner(s).
         a.   Dedications and Donations
         The OS may be applied by the to land that is preserved by acquisition, an easement, or dedication, and/or donation to the or other entity, for the purpose of keeping the land as permanent .
         b.   Fee Waiver
         Fees for a rezoning application to the OS are waived.
      2.   General Restrictions
      The following restrictions apply to all and in this .
         a.   Unpaved or paved trails or paths shall be permitted for use only by pedestrians, non-motorized bicycles, and horses. Limited access is permitted for maintenance vehicles only. Use by all-terrain vehicles is prohibited.
         b.   Picnic areas, sitting areas, equestrian trail nodes, scenic lookouts, shade , and rest rooms shall be permitted, subject to minimal disturbance of the . Grills in the picnic areas and overnight camping are not permitted, unless located in an area that fire vehicles can access without impact on the .
         c.   Access and shall be permitted in conjunction with the Requirements in Section 4.9.13.G.3.a & .b, subject to minimal disturbance of the .
         d.   Drainage-way facilities and utility easements shall be re-vegetated to be consistent with the surrounding natural vegetation.
         e.   All new shall be underground.
      3.    Requirements
         a.   The disturbed area shall be clearly identified and the balance of the property protected during construction. All impervious surfaces, , utility or drainage corridors, and shall be contained within the disturbed area identified on the approved .
         b.   Whenever a portion of the property is disturbed by the construction of a permitted use or has been cleared of vegetation, the disturbed area shall be re-vegetated in with an approved re-vegetation plan using plants native to the and the immediately surrounding area. Re-vegetation shall be at a similar to the natural surroundings.
         c.   The minimum width of property zoned OS shall be 40 feet, and the minimum area for OS is 4,000 square feet, unless the OS property connects to another perpetual,   or trails resource.
   H.   Institutional Reserve (IR)- Exception
    of less than 36 , recorded prior to December 1, 1985, conforming to the minimum requirements in effect on the date of recording, are deemed non-conforming.
   I.   Rural Homestead (RH) - Exception
    of less than 180,000 square feet, recorded prior to December 1, 1985, conforming to the minimum size requirements at the date of recording, are deemed non-conforming.
   J.   O-1 and O-2 Office - General Restrictions
   The following restrictions apply to all uses and in these :
      1.    services are prohibited;
      2.   All activities shall be conducted entirely within an   with the following exceptions:
         a.    ;
         b.   When required by state law;
         c.   When specifically permitted by a use specific standard; or,
         d.   When associated with one of the following uses: Community ; Day Care; Educational Use; Food and Beverage Sales (Farmers’ Markets only); Medical Service; Extended Healthcare; Parks and Recreation; Urban Farm; or, -related uses; and,
      3.   All nonresidential activities shall:
         a.   Restrict hours of operation from 7:00 a.m. to 10:00 p.m., unless otherwise required by use-specific standard.
         b.   Comply with the requirements of Section 6-101, Outdoor Lighting Code, of the Tucson Code. Outdoor lighting utilized in conjunction with the use shall be located and directed so as to eliminate glare toward and R-3 or .
         c.   Comply with the requirements of Section 16-31, Excessive Noise, of the Tucson Code and be located within an  . There shall be no openings on the side of the   to R-3 or .
   K.   O-3 Office - General Restrictions
   The following restrictions apply to all uses and in this :
      1.    services are prohibited; and,
      2.   All activities shall be conducted entirely within an   with the following exceptions:
         a.    ;
         b.   When required by state law;
         c.   When specifically permitted by a use specific standard; or,
         d.   When associated with one of the following uses: Community ; Day Care; Educational Use; Food and Beverage Sales (Farmers’ Markets only); Medical Service, Extended Healthcare; Parks and Recreation; Urban Farm; or, -related uses.
   L.      (RV) - General Restrictions
   Storage are not permitted in this as accessory to each individual unit space; however, they are permitted as part of the facility. The Community , Farmers’ Market, Urban Farms, or -related uses are exempt from this restriction.
   M.   Neighborhood Commercial (NC) - General Restrictions and Exception
   The following standards apply to all uses and in this :
      1.    or services are prohibited;
      2.   All activities shall be conducted entirely within an   with the following exceptions:
         a.    ;
         b.   When required by state law;
         c.   When specifically permitted by a use specific standards; or,
         d.   When associated with one of the following uses: Community ; Day Care; Educational Use, Elementary and Secondary; Food and Beverage Sales (Farmers’ Markets only); Parks and Recreation; all uses in the Residential Use Group; Urban Farm; or, any -related uses.
      3.   All activities, except the Residential Use Group or those uses required differently by a use-specific standard, are restricted to hours of operation of 7:00 a.m. to 10:00 p.m.;
      4.   All nonresidential and nonresidential exterior remodeling that require a permit are reviewed and approved by the Design Review Board (DRB) for architectural and design with the surrounding residential area; and,
      5.   All are limited to 2,000 square feet of GFA, except Dwelling, Educational Uses, and the following exception. or multi-tenant are limited to 10,000 square feet of GFA. A tenant within a   is limited to 2,000 square feet of GFA. Outdoor activity areas permitted in this shall be included in the GFA limitations. Exception: On authorization of rezoning of property to the NC , Mayor and Council may approve that will be located in existing or portions thereof that exceed the limitation of 2,000 square feet of per use or the limitations restricting or multi-tenant to 10,000 square feet of . The for any such exception shall neither be increased nor enlarged following initial authorization, and the right to exceed the restrictions shall be terminated if discontinued or abandoned. Community , Food and Beverage Sales (Farmers’ Markets only), or any -related uses are exempt from this restriction.
   N.   Rural Village Center (RVC) - General Restrictions
   The following restrictions apply to all uses and in this :
      1.    or services are prohibited unless specifically provided for the .
      2.   All activities shall be conducted entirely within an   with the following exceptions:
         a.    ;
         b.   When required by state law;
         c.   When specifically permitted by a use specific standard; or,
         d.   When associated with one of the following uses: Community ; Day Care; Food and Beverage Sales (Farmers’ Market only); or, any -related use.
      3.   The maximum permitted area of each RVC is 20 .
   O.   C-1 Commercial - General Restrictions
   The following restrictions apply to all uses and in this :
      1.    services are prohibited except as follows.
         a.   Commercial Services and Retail Trade Uses may provide one lane.
         b.   Financial Services Use may provide two lanes and one Automated Teller Machine (ATM) service lane.
      2.   All activities shall be conducted entirely within an   unless specifically provided otherwise, except as follows:
         a.   Agricultural Use Group: Community , Urban Farm, or any -related use;
         b.   Civic Use Group: Cemetery, Education Elementary & Secondary Schools;
         c.   Commercial Use Group: Commercial Recreation (except shooting ranges which must be located in an enclosed ), Medical Services, Extended Health Care;
         d.   Recreation Use Group: Golf Course, Parks and Recreation;
         e.   Retail Trade Use Group: Food and Beverage Sales (Farmers’ Market only); and,
         f.    .
   P.   C-2 Commercial - General Restrictions
      1.   Outdoor display of finished products for rent or sale at retail or wholesale is permitted, unless prohibited by a use-specific standard.
      2.   The in the Commercial Services (except Automotive Service and Repair, Day Care Use; Medical Service, Extended Health Care; Transportation Services, Land Carrier; and Travelers’ Accommodation, Lodging) Industrial, Restricted Adult Activities, and Wholesaling Use Groups shall be conducted entirely within an   unless modified by Use Specific Standards.
   Q.   Park Industrial (P-I), Light Industrial (I-1), and Heavy Industrial (I-2) - General Restrictions
      1.   The use, storage, or disposal of must be done in accordance with Section 4.9.5.F, Restrictions.
      2.   On in the Industrial Use Group, traffic circulation must be designed so that access to the is from a major or from a which is not an internal residential neighborhood and which does not provide access to residentially zoned areas unless no alternative exists.
      3.   The following special exception uses in the I-2 must be at least 300 feet from any non-industrial . Exception: the 300-foot is not required when the use of the non-industrially zoned property is a railroad or freeway :
         a.   Extraction;
         b.   Hazardous Material Manufacturing;
         c.   Perishable Goods Manufacturing;
         d.   Primary Manufacturing;
         e.   Refining; or,
         f.   Salvaging and Recycling.
      4.   Use must comply with the applicable standards of Section 4.9.5, Industrial Use Group.
      5.   The authority land use class may contain residential, commercial, and industrial compatible with the environs overlay. These uses include but are not limited to typical uses such as terminals, runways, control towers, radio and telecommunication towers, fueling and maintenance stations, helipads, hangars, parking facilities, various military and governmental uses and passenger-oriented food and personal services, retail sales, and vehicle rentals. Additionally, the class allows the following uses:
         a.   Aeronautical uses associated with an including manufacturing, assembly, storage, training and flight schools and similar uses;
         b.   Permitted or special exception uses in the underlying ;
         c.   Industrial parks containing corporate business centers, wholesaling, manufacturing, agriculture, civic, commercial, industrial, retail, storage, and utility uses provided they comply with the design and development standards applicable to the permitted or special exception uses in the underlying .
   (Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11328, 12/8/2015; Am. Ord. 11409, 11/9/2016; Am. Ord. 11577, 8/8/2018)
4.10.    , , AND
   The , , and standards are located in Section 6.6,, and .
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