5.2.2. PURPOSE

This article provides for overlays that impose standards and procedures that are in addition to those required under base zoning standards. Where there is a conflict between the standards of a base and an overlay , the standards of the overlay shall apply, except for the Urban Overlay District (UOD) and Downtown Area Infill Incentive District (IID) that provide flexible options to landowners rather than mandatory requirements.

5.2. HILLSIDE DEVELOPMENT (HDZ)

5.2.1. INTRODUCTION

Tucson is surrounded by mountains. These mountainous areas exhibit steep that may contain unstable rock and soils. on potentially unstable soils or rock can be hazardous to life and property. in these areas should utilize construction methods that ensure stabilization and minimize soil . Tucson’s mountains and foothills are valuable scenic resources that should be preserved. Dominant and ridges should be protected in order to preserve the ’s unique visual setting, promote its economic well-being, and encourage tourism. Regulating the intensity of according to the natural characteristics of hillside terrain, such as degree of , significant vegetation and landforms, and soil stability and existing drainage patterns, will allow for in hillside areas while minimizing the physical impacts of such .

5.2.2. PURPOSE

This provides for the reasonable use of hillside areas and related lands while protecting the public health, safety, and general welfare by:

A. Determining whether certain types of soil conditions exist, such as loose or easily eroded soils or rocky soils that may require blasting, and utilizing appropriate engineering technology to result in stable during and subsequent to ;

B. Reducing water runoff, soil , and rock slides by minimizing and by requiring and restoration;

C. Permitting intensity of with the natural characteristics of hillside terrain, such as degree of , significant landforms, soil suitability, and existing drainage patterns;

D. Preserving the scenic quality of the desert and mountain environment through the retention of dominant and ridges in their natural states;

E. Reducing the physical impact of hillside by encouraging innovative and architectural design, minimizing , and requiring restoration of graded areas;

F. Providing safe and convenient vehicular access by encouraging on the less steeply sloped terrain; and,

G. Promoting cost-efficient public services by encouraging on the less steeply sloped terrain, thereby minimizing service extensions and utility costs and maximizing access for all necessary life safety services.

5.2.3. APPLICABILITY

The provisions of the Hillside Development (HDZ) apply to newly proposed or individual in the areas listed below. (See Figure 5.2-A.)

A. and Areas

Any or containing and areas designated for protection by the Mayor and Council, as shown on the . The whole is included if any portion of the is within the and Area.

B. Areas of 15% or Greater

Any or containing of 15% or greater, as shown on the HDZ Maps. The whole is included if any portion of the is over 15%.

Figure 5.2-A: Applicability of Hillside Development

C. Approved

Any recorded approved in compliance with the Pima County HDZ or the City of Tucson HDZ may be developed in compliance with the conditions and stipulations as approved. If the is resubdivided, it shall comply with all provisions of the HDZ currently in effect.

D. New

New that occurs on or proposed that include property designated as HDZ shall be reviewed for compliance with these standards in accordance with Section 3.3.3, PDSD Approval Procedure.

E. Exceptions

1. The HDZ standards do not apply to those or located within the limits south of the Rillito River/Tanque Verde, east of the Silverbell Road-Congress -Grande Avenue-Mission Road alignment, west of Harrison Road, and north of the Los Reales-Interstate 10 alignment unless otherwise identified on the HDZ maps.

2. The HDZ standards shall not apply to vacant residentially-zoned or , legally created as of September 15, 1980, and containing an area of 16,000 square feet or less, unless, after July 19, 1989, the or is divided into two or more or used for other than one single- dwelling.

3. The HDZ standards shall not apply to or annexed from Pima County that were exempt from the Pima County HDZ at the time of annexation, unless the or is divided into two or more or used for other than one single- dwelling.

4. The restrictions of Section 5.2.5 shall not apply to any or that was zoned R-1, R-2, R-3, or O-3 and located within the limits prior to December 10, 1979, unless the or is divided into two or more or used for other than one single- dwelling.

5. The HDZ standards shall not apply in the following situations if the or vehicular circulation area existed prior to September 15, 1980.

a. Any addition to a that does not exceed one 1,000 square feet or 25% of the area of the , whichever is greater. Additions shall be cumulative after September 15, 1980.

b. Any of, or addition to, a vehicular circulation area that does not exceed 1,000 square feet or 25% of the existing vehicular circulation area, whichever is greater. Additions shall be cumulative after September 15, 1980.

c. Any paving of an existing vehicular circulation area.

F. Designation, Amendment, or Change of Boundaries for a Hillside Development , a , or

1. Designation

The Mayor and Council may designate new property as subject to this Hillside Development or a new or for protection by the establishment of a 300-foot . Consideration shall be in accordance with Section 3.5.3, Zoning Examiner Legislative Procedure. The change to an existing designation, amendment to or change of the boundaries of an existing HDZ area shall be through the same process.

2. Standard for Designation

or ridges or new HDZ areas designated for protection shall:

a. Have been designated by Pima County as a Hillside Development or as a or prior to annexation by the ;

b. Contain significant which should be protected;

c. Be significant in relationship to the surrounding property;

d. Be highly visible from lower elevations; or,

e. Form a silhouette against the sky when viewed from a .

5.2.4. PERMITTED USES

Any use permitted by the underlying shall be allowed.

5.2.5. STANDARDS

The following standards shall apply to and that are affected by this . Any or created shall meet the /size standards of Table 5.2-1 except as provided below. All must be at least 300 feet from each or as delineated on the .

A. Single- Residential

1. Existing or Where No Land Division is Proposed

The average natural cross-slope ( ) shall be calculated for the entire or . If the is 15% or greater, Columns A, B, and D of Table 5.2-1 shall apply. If the minimum land area required for the or , based on the , is greater than the area of the or , natural areas may be designated on the or , in accordance with Section 5.2.6, to reduce the percentage. Such designated natural areas shall be excluded from the calculation but shall be included in the land area for the or . (See Figure 5.2-B)

2. Existing or Where Land Division is Proposed

The average natural cross-slope shall be calculated for the entire or . If the is 15% or greater, Columns A and C of Table 5.2-1 apply. Natural areas may be designated on the or in accordance with Section 5.2.6 to reduce the percentage. Such natural areas shall be excluded from the calculation but shall be included in the land area for the or . (See Figure 5.2-B)

a. If the land division requires a , all areas of 15% or greater within the or , except within natural areas, shall be delineated. These sloped areas shall then determine the design of the according to the following standards.

(1) For any proposed within the where the areas of 15% or greater shall be located outside the , the minimum standards of the underlying apply. The may be redefined to exclude areas of steeper in order to comply with this standard. shall occur only within the and access to the . for access may cross a delineated sloped area.

(2) For any proposed within the where the contains areas of 15% or greater , the minimum size required for that shall be one unless a greater size is required by the underlying . The amount of permitted is indicated in Column D of Table 5.2-1, based on the area of the , Column B.

(3) Yard for the applicable shall be applied to the entire or to each within the if the is divided into .

b. If a is not submitted, the land area of each created shall comply with Columns A, B, and D of Table 5.2-1.

Figure 5.2-B: Natural Areas in HDZ

B. Multifamily Residential

1. The is calculated for the entire or . If the is 15% or greater, Columns A, B, C, and D of Table 5.2-1 applies.

2. Natural areas may be designated on the or , in accordance with Section 5.2.6, to reduce the percentage. Such natural areas shall be excluded from the calculation but shall be included for the and calculations. (See Figure 5.2-B.)

a. If the of the remaining portion of the or is less than 15% and contains no areas of 15% or greater , 100% of that portion may be graded, subject to Section 5.2.7.B.1.

b. If the of the remaining portion of the or is less than 15% but contains areas of 15% or greater , 80% of that portion may be graded.

c. If the of the remaining portion of the or is 15% or greater, Columns B, C, and D of Table 5.2-1 apply, based on the entire area of the or .

TABLE 5.2-1: STANDARDS BASED ON
A	B	C	D
Average Natural Cross Slope (Percent)	Minimum Area ( )		Maximum (Percent)
Less Than 15	As Permitted by Underlying Zoning
15.0-15.9	1.00	1.00	40.0
16.0-16.9	1.12	0.90	36.2
17.0-17.9	1.25	0.80	32.0
18.0-18.9	1.37	0.73	29.2
19.0-19.9	1.50	0.67	21.3
20.0-20.9	2.00	0.50	20.0
21.0-21.9	2.25	0.44	17.7
22.0-22.9	2.50	0.40	16.0
23.0-23.9	3.50	0.29	13.3
24.0-24.9	4.50	0.22	11.9
25.0-25.9	6.00	0.17	9.3
26.0-26.9	7.00	0.14	9.3
27.0-27.9	8.60	0.12	9.3
28.0-28.9	10.40	0.09	9.3
29.0-29.9	12.80	0.08	9.3
30.0-30.9	16.00	0.06	8.8
31.0-31.9	23.50	0.04	6.7
32.0-32.9	31.00	0.03	6.7
33.0 and Greater	36.00	0.027	4.0
1 As determined in accordance with Section 9-01.3.0 of the Technical Standards Manual 2 Or as permitted by underlying zoning, whichever is more restrictive. 3 The following are not included when calculating the maximum permitted percentage: 1. The area for septic tanks, including the primary and secondary leachate fields. 2. The area for the minimum area needed for a with a maximum of 15%, including the minimum amount of area for a necessary turn around area.

C. Flexible Lot Development (FLD)

The purpose of the FLD in the HDZ is to preserve the sloped areas while encouraging on the flatter portions of a or . An FLD shall meet the standards of Section 8.7.3, as well as the following standards: (See Figure 5.2-C.)

1. All shall be located outside the 300-foot or and the protected area shall be preserved as a natural area as provided in Section 5.2.6, Natural Areas;

2. The FLD application may be used for either single- or multifamily . In order to apply the FLD, the of the area to be developed shall be less than 15%. This may require excluding steeper as natural areas in order to reduce the of the remaining portion. Such natural areas shall be excluded from the calculation but shall be included for and calculations. shall be regulated by the underlying , based on the entire area; and,

3. For property within the HDZ, sloped areas in excess of 15% with an area greater than or equal to 7,000 square feet shall be delineated and set aside as and designated as common area.

Figure 5.2-C: Flexible Lot Development in HDZ

D. Nonresidential

1. The shall be calculated for the entire or . If the is 15% or greater, Columns A, B, and D of Table 5.2-1 apply. Column C does not apply.

2. Natural areas may be designated on the or , in accordance with Section 5.2.6, to reduce the percentage.

a. If the of the remaining portion of the or is less than 15% and contains no areas of 15% or greater , 100% of that portion may be graded, subject to Section 5.2.7.B.1.

b. If the of the remaining portion of the or is less than 15% but contains areas of 15% or greater , 80% of that portion may be graded.

c. If the of the remaining portion of the or is 15% or greater, Columns B and D of Table 5.2-1 shall apply, based on the entire area of the or .

E. Mixed

When a mix of is proposed, each type of shall meet all standards for that , as required by this section.

5.2.6. NATURAL AREAS

Natural areas may be designated on any or , subject to the following standards.

A. other than hiking trails shall not be permitted within the legally described boundaries of a natural area. (See Figure 5.2-D.)

Figure 5.2-D: Hiking Trails in Designated Natural Areas in HDZ

B. The natural area shall be delineated in a surveyable manner on the tentative and final or on the , whichever is applicable, and designated by legal description on a document recorded with the Pima County Recorder.

C. A natural area may be designated as a deed-restricted portion of a privately-owned or as a separate . This may be under the ownership of a or deeded to any organization willing to accept responsibility for the perpetual preservation of the natural area, subject to approval and acceptance by the City of Tucson.

D. To protect the natural areas, covenants that run with the land shall be provided in favor of the City of Tucson and of all owners with record interest in the natural area.

E. If natural areas are designated, then at least one such natural area, if in a of four or more in size, shall be at least one-half in size or immediately and to other land also designated as natural area that, in the aggregate, is at least one-half in size. Section 5.2.6 applies only to natural areas and not to other common areas and , such as recreation areas, road medians, etc., that are not designated as required natural area.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc