5.2.3. APPLICABILITY

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

   A.   Protected Peak and Ridge Areas

   Any lot or parcel containing protected peak and ridge areas designated for protection by the Mayor and Council, as shown on the City Zoning Maps . The whole parcel is included if any portion of the parcel is within the Protected Peak and Ridge Area.

   B.   Slope Areas of 15% or Greater

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

Figure 5.2-A: Applicability of Hillside Development Zone

   C.   Approved Subdivisions

   Any recorded subdivision  plat 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 plat is resubdivided, it shall comply with all provisions of the HDZ currently in effect.

   D.   New Development

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

   E.   Exceptions

      1.   The HDZ standards do not apply to those lots or parcels located within the City limits south of the Rillito River/Tanque Verde, east of the Silverbell Road-Congress Street -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 lots or parcels , legally created as of September 15, 1980, and containing an area of 16,000 square feet or less, unless, after July 19, 1989, the lot or parcel is divided into two or more parcels or used for other than one single-family dwelling.

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

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

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

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

         b.   Any alteration 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 Zone , a Protected Peak , or Ridge

      1.   Designation

      The Mayor and Council may designate new property as subject to this Hillside Development Zone or a new peak or ridge for protection by the establishment of a 300-foot setback . 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

      Peaks or ridges or new HDZ areas designated for protection shall:

         a.   Have been designated by Pima County as a Hillside Development Zone or as a protected peak or ridge prior to annexation by the City ;

         b.   Contain significant slopes 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 Scenic Route .