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5.2.9.   ENFORCEMENT
   A.   The developer and/or property owner shall be responsible for the following:
      1.   Submitting a Hillside Development Plan in accordance with Section 9-01.0.0, Hillside Development , of the Technical Standards Manual;
      2.   Submitting average natural cross-slope and area analyses in accordance with Section 9-01.3.0, Analysis Standard, of the Technical Standards Manual, certified by an Arizona registered professional, such as an engineer, land surveyor, architect, or landscape architect, for review and verification by the City Engineer or designee;
      3.   Surveying, staking, and inspection of the or by a certified engineer or land surveyor to determine compliance with the provisions of this section; and,
      4.   On- enforcement by certifying to the City Engineer or designee that the complies with the HDZ standards during the period of .
   B.   If of any provision of the HDZ occurs, the property owner is responsible for bringing the into compliance with the HDZ standards. This may require restoration of the as closely as possible to its original undisturbed condition, topography, and vegetation, in order to remove the .
5.2.10.   VARIANCES
   A request for a variance from the 300-foot from a or as provided for in Section 5.2.6, Natural Areas, shall meet, in addition to the findings required for a variance, the following conditions. Consideration shall be in accordance with Sections 3.10.1 and 3.10.3, Board of Adjustment Variance Procedure.
   A.   The proposed is for a single- residence;
   B.   The only area to be graded within the and is for a pad and access to the ;
   C.   The visible external portion of the or , except for doors, windows, and mechanical equipment, shall be constructed of materials that will blend with the predominant natural colors found on the or ;
   D.   The highest portion of the is no higher than the elevation of the or ;
   E.   No more than six feet of the external portion of the is exposed, except at points of ;
   F.   All on the or are located underground; and,
   G.   The is designed so that glass surfaces do not reflect beyond the or boundaries. This can be accomplished by methods such as using nonreflective glass or providing overhangs or other window shading, structural elements, or that, when mature, will windows.
5.3.   SCENIC CORRIDOR (SCZ)
5.3.1.   INTRODUCTION
   Tucson is located on a magnificent   , with mountain ranges in all directions and attractive foothills leading up to the mountains. This setting is a scenic resource of great value for the , for its inhabitants, and for its economy. Specifically, beautiful surroundings help to attract tourists to the , and nationwide experience indicates that the most desirable new sources of employment have been locating in areas with the most attractive environments. Preservation of scenic resources is, therefore, important for both aesthetic and economic reasons. These valuable scenic resources encompass views up to and into the mountains, including the mountain profiles and their foothills, and views from the mountains across the valley. They also include significant natural vegetation and geological formations along designated .
5.3.2.   PURPOSE
   To protect the ’s unique visual setting and promote its economic well-being, performance standards are required to assure design sensitivity to the natural scenic quality. These standards are established to provide for the preservation of:
   A.   Views of prominent mountain that form the limits of scenic viewsheds and provide a natural backdrop for sensitively designed ;
   B.   Viewsheds that provide the observer with a visual perspective of the area in terms of foreground, middle ground, and background;
   C.   The scenic quality of the desert and mountain environment through the retention of and natural topography; and,
   D.   View windows through an aesthetic screening or siting of developmental elements that are incompatible with the natural qualities of the surrounding area.
5.3.3.   APPLICABILITY
   A.   Except as provided below, the provisions of the Scenic Corridor (SCZ) apply to any portion of all real properties or that are located within 400 feet of the of any designated on the . (See Figure 5.3-A.)
   B.   Exception. Utility facilities constructed or installed in accordance with a certificate of environmental issued prior to the adoption of this section, under the authority of A.R.S. Title 40, Chapter 2, Article 6.2, are exempt from the provisions of this section.
Figure 5.3-A: Scenic Corridor
5.3.4.    BUFFER AREA
   A.   Requirement
      1.   A buffer area 30 feet wide, to the MS&R , is required and shall be preserved and maintained in its natural state;
      2.   No or shall occur in a buffer area except as provided in Section 5.3.4.C, Permitted ; (See Figure 5.3-B.)
      3.   The buffer area shall be restored as closely to its natural state as possible In areas where public safety or the delivery of public services precludes preservation of existing vegetation; and,
      4.   The buffer area is in lieu of the landscape border required along frontages under Section 7.6, and Screening Standards.
Figure 5.3-B: Preservation and Reestablishment of Vegetation to
   B.   Measurement of the Buffer Area
      1.   The buffer area is measured from the future MS&R , except as follows.
      2.   Exception. Where the MS&R design includes installation of a , pedestrian way, or bike path, the buffer may be measured from the MS&R projected back of the , pedestrian way, or bike path if the buffer does not encroach more than ten feet into the future MS&R with the written permission of the City of Tucson Department of Transportation. The use of the MS&R is permitted only if the area can be landscaped.
   C.   Permitted
   The following are permitted in the buffer area:
      1.    or , if their area does not exceed 20% of the Buffer Area (Buffer Area). In this instance, the width of the Buffer Area is 30 feet in accordance with Section 5.3.4.A.1. For the purposes here, the Buffer Area is calculated as follows: Multiply the distance of the property’s along the measured at the by 30 feet. If, due to topographical or engineering constraints, the or exceeds 20% of the Buffer Area, the width of the Buffer Area shall be increased to accommodate the square footage resulting from the following calculation: (Distance of the along the measured at the - total width of or ) x 24 feet = Required Buffer Area in square feet. Specific sign types may also be placed in the Scenic Routes buffer area in accordance with Article 7A.11.3 Scenic Corridor (SCZ) District.
      2.   Trenching for the placement of utility lines, if the area is revegetated in accordance with Section 5.3.4.D, of ;
      3.   An area not larger than 18 square feet and not exceeding 30 inches in height per or for the placement of utility transformers, pedestals, and service meters and hookups for ; and,
      4.   Selected vegetation may be removed when the Department of Transportation determines that removal is necessary for public safety if the removed plants are replaced with .
   D.    of
      1.   Any portion of the buffer area and the MS&R disturbed by activity shall be revegetated with .
      2.   Within the SCZ, excluding the buffer area, all disturbed areas on the that are and are not covered by permanent shall be revegetated with native plants, plants from the Drought Tolerant Plant List, or a combination of both.
      3.   In areas not visible from the Scenic Corridor , vegetation may consist of native plants indigenous to the or drought tolerant plant material. Oasis area material may also be planted within this area at the levels permitted by the ordinance.
   E.    and
    or   shall be no greater than a one foot rise or fall over a three foot length.
(Am. Ord. 11127, 11/6/2013; Am. Ord. 11803, 12/8/2020)
5.3.5.   
   A.   The maximum height of a is one-third the distance of the from the , with the following exceptions. (See Figure 5.3-C.)
      1.   Principal , with a maximum height of 12 feet, may be constructed anywhere within the of the .
      2.   Nonresidential shall not exceed 30 feet in height.
      3.   Residential shall not exceed 24 feet in height.
   B.   Where there is a conflict between these standards and those of the existing underlying or Hillside Development (HDZ) (Section 5.2), the most restrictive standard shall apply.
Figure 5.3-C: Maximum in Scenic Corridor
5.3.6.   SITING AND VIEW CORRIDORS
   A.   Siting of shall be such that existing natural topography and vegetation is minimally disturbed. beyond that necessary for siting of , parking, private yards, and structural is prohibited. All existing viable and transplantable vegetation with a of four inches or greater and all Saguaro cacti shall be preserved or relocated on the .
   B.   A that has at least 200 feet of along a must provide view corridors as follows:
      1.   The view corridor(s) shall have a combined width of at least 20% of that ; and,
      2.   There must be at least one view corridor from the into and through that portion of the that lies within the SCZ. (See Figure 5.3-D.)
 Figure 5.3-D: View Corridors in Scenic Corridor
   C.   Drainageways shall be maintained in their natural states when possible, and the discretionary authority shall be exercised only under unusual circumstances. In situations where the discretionary authority is exercised by the City Engineer or designee, modifications shall be in accordance with the “Floodplain, Stormwater, and Hazard Management Regulations.”
5.3.7.   
    and screening of shall comply with Section 7.6.4.B, .
5.3.8.   SCREENING
   Screening shall comply with Section 7.6.5, Screening Standards.
5.3.9.   
   A.   All new for on private property and on public along shall be underground unless relief is otherwise granted pursuant to UDC sections 5.3.14, Variances and/or through a Zoning Examiner special exception process per section 4.9.11.A.12.
   B.   Where possible, existing poles shall be used to provide the required transition to underground service to new   to scenic corridors. However, a new pole set in line with the existing overhead system when necessary to serve approved new is not deemed to be a new utility. Upgrades and reinforcements of existing overhead facilities is allowed to the extent that the total number of electrical circuits or communication cables is not increased. Relocation of overhead utility facilities required by public improvement districts along scenic corridors shall conform with existing franchise standards.
   C.   When an existing is expanded by 50% or more in or land area, new and existing to all portions of the shall be located underground unless relief is otherwise granted pursuant to UDC sections 5.3.14, Variances and/or through a Zoning Examiner special exception process per Section 4.9.11.A.12. Incremental expansion shall be cumulative. Additions to single- dwellings are exempt from this standard.
(Am. Ord. 11942, 7/12/2022)
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