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5.4.5.   PERMITTED USE OF
   The area between the is also referred to as the , whether publicly or privately owned. In addition to   in conjunction with and accessory to on properties, the following are permitted in the :
   A.   No portion of the that is publicly owned shall be used toward complying with standards, unless specifically stipulated;
   B.    in compliance with Section 7.6, and Screening Standards;
   C.   Structural , provided:
      1.   The MS&R is not a ;
      2.   The is not a ;
      3.   That, if the improvement is for , such parking is in addition to the amount required for the existing use(s), and the area is fully improved as required for any . The screening and required by Section 7.6, and Screening Standards, for , , and may be located temporarily in the until such time as this area is used for purposes. Upon elimination of the , all parking-related , such as required screening and , as specified on the required by Section 5.4.5.F, shall be moved to the location specified on the at no cost to the ; (See Figure 5.4-B.)
      4.   The structural improvement, other than , access, or public , is located at least eight feet from the edge of the existing (curb);
      5.   The improvement does not obstruct the existing ’s sight visibility triangle;
      6.   That, if the improvement is a sign, it is permitted as an on- sign by the Sign Code. Such sign shall be removed at the time of widening at no expense to the ; and,
      7.   Approval is granted by the Mayor and Council for any structural improvement located within publicly owned .
 
Figure 5.4-B: Permitted Uses of the
   D.   The following applies when calculating the various standards:
      1.   On that are not part of a   or rezoning application, the within the MS&R may be used as follows:
         a.   For calculation of or as non- or area, regardless of what are located within that area;
         b.   For calculation of an adjustment for nonresidential to in accordance with Section 5.4.6.B or standards provided the adjustment does not reduce the amount of required parking by 20% or more of the amount that would be required without the adjustment.
         c.   For calculation as part of the , , and calculations. If the entire , excluding access and public , to the edge of the paved is landscaped, that part of the within the may be included at one and one-eighth its size (multiply the area size by 1.125), provided:
            (1)   The is visible from the public ;
            (2)   The is over and above that required by the ; and,
            (3)   The is not scheduled for construction within a period of three years from the date of issuance of a permit.
         d.   If, in addition to the entire MS&R area, that area is to the at , the area may be included at one and one-fourth its size (multiply the area by 1.25) in lieu of the 1.125. In this situation, Section 5.4.5.D.1.c(3) would not apply.
      2.   On that are part of a   application but not part of a rezoning application, Section 5.4.5.D.1.c may be utilized.
   E.    that is provided to achieve additional or is considered a requirement of the and shall be maintained in compliance.
   F.   An approved is required indicating how the will comply with standards when the MS&R can no longer be used as part of the . Such plan shall be an exhibit to an executed covenant for recordation stating the responsibility of the property owner, successor, or assignee as to the removal of and compliance with the at no cost to the .
5.4.6.   MS&R   AND PARKING ADJUSTMENT
   A.   
   The required minimum street from a that is designated a major or route on the MS&R Map shall be the same as the for the base in accordance with Section 6.3.4, Dimensional Standard and Exceptions Tables, and other related sections if the is not a designated on the MS&R Map. Along a that is designated a , the required is regulated in accordance with Section 5.3.4.A, Buffer Area.
   B.   Adjustment
   An adjustment to the amount of required for nonresidential is permitted to compensate for the setting aside of property for eventual use as part of an MS&R improvement in accordance with Section 5.4.5.F. The amount of adjustment depends on the individual situation. To determine the amount, an adjustment factor is applied and calculated as provided below.
   C.   Applying Adjustment Factor
   The adjustment factor (percentage) is utilized to accomplish one of the following:
      1.   To lower the ratio of required spaces to the square footage of use;
      2.   To increase the square footage of use for the amount of provided; or,
      3.   To increase the seating capacity of a use for the amount of provided.
 
EXAMPLE 1: Application of Adjustment Factor
 
•   Required Parking Ratio: One space for every 200 square feet of .
 
•   Adjustment Factor: 11.2 percent. (Refer to Section 5.4.6.C)
 
•   Proposed Square Footage: 30,440 square feet.
 
Application 1. Adjustment to the Parking Ratio. If the adjustment factor is applied to the parking ratio, then the ratio (200) is multiplied by the adjustment factor (0.112). The result (22.4) is added to the normally required ratio (200) to provide the new adjusted ratio (222.4) that would be applicable.
 
Application 2. Adjustment to Size. If the adjustment factor (11.2%) is applied to the (30,440), first the parking would be calculated on the 30,440 square feet that, at one space per 200 square feet, would equal 152 parking spaces that shall be provided. Then, the 30,440 square feet is multiplied by the adjustment factor (0.112). The result (3,409) is then added to 30,440 square feet to provide a total square footage of 33,849 that could be placed on the property.
 
Application 3. Adjustment to Seating Capacity. To apply the adjustment factor in a situation where the required is calculated by the number of seats, such as one space for every five seats, the adjustment factor (0.112) is multiplied by the number of seats (5). The result (0.56) is added to the number of seats (5) to provide the new adjusted ratio of one space for every 5.56 seats that would be applicable.
 
   D.   Calculation of Adjustment Factor
      1.   The adjustment on each is based on the amount (by percentage) of that is within the (A). This adjustment factor is calculated by dividing that area (A) by the gross that includes area A. The adjustment factor is calculated to the nearest thousandth as shown below. (See Figure 5.4-C.)
Figure 5.4-C: Adjustment of Requirements
   Formula: A ÷ (A + B) = Adjustment factor
   Where:
   A = within MS&R
   B = outside the MS&R
   A + B = or gross
 
EXAMPLE 2: Utilization of Formula
 
A = 15,000 square feet
B = 75,000 square feet
A ÷ (A + B) = Adjustment factor (percentage)
15,000 ÷ (15,000 + 75,000) = Adjustment factor
15,000 ÷90,000 = Adjustment factor
.167 = 16.7% = Adjustment factor
 
EXAMPLE 3. Adjustment Utilizing Section 5.4.5.H.1.d.
 
If area A were to the , then area A would be allowed to count at one and one-fourth its size in the adjustment calculation as provided in Section 5.4.5.D.1.d. For example, utilizing the conditions in Example 1, where A is equal to 15,000 square feet utilizing the provision of Section 5.4.5.D.1.d, area A would now be equal to 18,750 square feet (15,000 multiplied by 1.25). The calculation would be as follows with B = 75,000 square feet:
 
A ÷ (A + B) = Adjustment factor
18,750 ÷ (18,750 + 75,000) = Adjustment factor
18,750 ÷ 93,750 = Adjustment factor
0.20 = 20% = Adjustment factor
 
(Am. Ord. 11171, 5/20/2014)
5.4.7.   MS&R RIGHT-OF WAY USE MODIFICATION REQUEST
   A.   Purpose
      This section provides an administrative process allowing in privately and publicly owned . This procedure is intended to allow flexibility in using areas where no negative impact is created for surrounding property or the 's major and routes planning and where there is a finding that the subject area will not be used for road expansion or similar uses in the future.
   B.   Applicability
      The following may be considered under this Major Streets & Routes Plan Modification Request (MSMR): , signs, required parking and landscaping and any other deemed similar by the PDSD Director. The MSMR does not apply to . Permission to use MSMR shall not preclude any other necessary regulatory relief process, such as a Design Development Option or Variance.
   C.   Application
      Applications must include property ownership information, a , and other information as required by the PDSD and Department of Transportation Directors as necessary to evaluate the request. Except as provided herein, review of an MSMR is processed in accordance with Section 3.3.3, PDSD Director Approval Procedure.
   D.   Findings for Approval
      The PDSD Director may approve a MSMR as provided by this section if all of the following applicable criteria are met and documented in findings.
      1.   There is a written finding by the Department of Transportation Director that the subject area will not be used for road, drainage or other needed expansions in the future and any other special condition required for approval has been met, and
      2.   The modification is not a request previously denied as a variance, and
      3.   The modification is not to a condition of approval for a rezoning, Special Exception Land Use, variance, or Individual Parking Plan, and
      4.   The modification does not adversely impact adjacent properties or development, and
      5.   The modification does not impede sight visibility at points of into, from, or within the for either vehicular or pedestrian traffic or otherwise create or increase a safety hazard, and
      6.   The modification provides an that is better integrated into the design character of the immediate neighborhood, and
      7.   The MSMR does not replace the need for an approval as a Parking Design Modification Request per Sec. 7.4.10.
(Am. Ord. 11171, 5/20/2014; Am. Ord. 11386, 7/6/2016)
5.5.   GATEWAY CORRIDOR (GCZ)
5.5.1.   PURPOSE
   The purpose of this overlay is to implement policies in the ’s , the Regional Transportation Plan, and the Air Quality Plan, with specific emphasis on the . The   the future arterial and needs of the community and is a tool to implement the of a safe and efficient system and the design of all serviced by that system, while assuring the economic viability of new and expanding and the continued economic stability of the community. These goals are achieved by providing for the visual improvement of designated as by implementing standards for the design and of the and   , thereby providing:
   A.   A favorable visual impression of Tucson to tourists and visitors at entry points to the and on routes leading to major recreation attractions;
   B.   Enhancement of the built environment along routes of important commercial ;
   C.   Incentives for private investment and economic by providing an attractive streetscape;
   D.   Aesthetic buffering through the implementation of screening or siting of developmental elements that are incompatible with the urban character of uses;
   E.   The improvement and use of the pedestrian environment along major transit routes; and,
   F.   Some measure of air quality control by requiring with live vegetation to assist in purifying the air of carbon dioxide through oxygenation and dilution.
5.5.2.   APPLICABILITY
   The GCZ standards apply to the following uses on all property, any portion of which abuts or is to a designated on the ’s or ’s :
   A.   New ;
   B.   Changes of use, including new occurring on vacant land; or,
   C.   Uses of land or legally existing as of June 27, 1988, that are expanded in , , parking, seating capacity, or any other expansion of use, as listed below. Exception. Expansion of for a nonconforming existing use that increases the number of spaces to the minimum required by the for that use is exempt from counting toward the 25% expansion.
      1.   If the expansion is less than 25%, the GCZ applies to the proposed expansion. The remainder of the use or shall be governed by provisions in force at the time of initial approval for the use or ;
      2.   If the expansion is 25% or more, the GCZ applies to the proposed expansion and to the parking and standards that apply to the overall ; or,
      3.   Expansions that occur after June 27, 1988, shall be cumulated in determining the 25% expansion.
   D.   When one or more of the standards of the MS&R   , the , or the Scenic Corridor (SCZ) apply to the same , the most restrictive standards apply.
   E.   At intersections where a and intersect, review and standards of the apply for 700 feet along the from each side of the intersection. The 700 feet shall be measured from the of the . This does not apply to Article 7A, Sign Standards.
   F.   The following are exempt from the application of the standard:
      1.   Utility facilities constructed or installed in accordance with a certificate of environmental issued prior to June 27, 1988, under the authority of A.R.S. Title 40, Chapter 2, Article 6.2;
      2.   Single-   legally existing on June 27, 1988; or,
      3.    within the .
   G.   Where widening of a is planned for construction within three years after the date of a permit application, is not required to be implemented until the road has been completed, provided the developer posts to ensure compliance.
(Am. Ord. 11803, 12/8/2020)
5.5.3.   REVIEW AND APPROVAL PROCEDURE
   Applications for within the GCZ are reviewed and considered for approval in accordance with Section 3.3.3, PDSD Approval Procedure.
   The shall not issue any type of approval or construction permit, nor shall any improvement, construction, or of a or be allowed along a , until approval is granted.
5.5.4.    STANDARDS
   In addition to other applicable standards in other sections of the , such as and screening, the following standards are required of in the GCZ:
   A.   Signs
   Signs as permitted by Article 7A, Sign Standards, are allowed within the required landscaped area with the exception of billboards. Billboards are not permitted within 400 feet of the .
   B.   
      1.   New
         a.   New for on private and on public along shall be underground unless relief is otherwise granted pursuant to UDC sections 5.3.14, Variances or through a Zoning Examiner special exception process per section 4.9.11.A.12.
         b.   Existing poles shall be used to provide the required transition to underground service to new   to . When necessary to serve new , a new pole set in line with, but not extending, an existing overhead system used to serve new is not considered a new utility.
         c.   Upgrades and reinforcements of existing overhead facilities are allowed to the extent that the total number of electrical circuits or communication cables is not increased.
      2.   Existing
      Where an existing is expanded in or land area to any degree, 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 or through a Zoning Examiner special exception process per section 4.9.11.A.12. Additions to single-family dwellings are exempt from this provision. Additions to single- dwellings are exempt from this provision.
      3.   Relocation of
      Relocation of overhead utility facilities required by public improvement districts along shall conform with existing franchise requirements.
(Am. Ord. 11803, 12/8/2020; Am. Ord. 11942, 7/12/2022)
5.5.5.   DESIGNATION, AMENDMENT, OR CHANGE OF BOUNDARIES
   Designation, amendment, or change of boundaries for a shall be established through the amendment to the designation on the MS&R Map in accordance with Section 5.4.3, MS&R Adoption and Amendment.
5.5.6.   VARIANCES
   Variances to the Gateway Corridor standards are processed in accordance with Sections 3.10.1 and 3.10.3, Board of Adjustment Variance Procedure. The Design Review Board shall review variance requests as provided in Section 2.2.6.C.6 and forward its recommendations to the Board of Adjustment.
5.6.    ENVIRONS (AEZ)
5.6.1.   PURPOSE
   The purpose of this overlay is to protect the health, safety, and welfare of and property in the vicinity of Tucson International (TIA) and Davis-Monthan Air Force Base (DMAFB) and protect the long term viability of DMAFB. This is accomplished by: (1) Reducing noise and safety hazards associated with aircraft operations; (2) preserving the operational stability of these ; and (3) assisting in the implementation of policies and recommendations in the ’s and Environs Plan, the ), and the and the Davis-Monthan Joint Land Study (DMJLUS). The overlay further:
   A.   Promotes the of uses with aircraft operations through the establishment of standards for the regulation of and ;
   B.   Addresses potentially life-threatening situations in areas exposed to aircraft accident potential through restrictions on the congregation of large numbers of people or high concentrations of people and by restrictions on concentrations of people who are unable to respond to emergency situations, such as children, the elderly, the handicapped, and undergoing medical treatment;
   C.   Increases the protection of exposed to high levels of aircraft noise by requiring acoustical treatment in located within these areas and regulating those uses that are sensitive to such noise;
   D.   Prohibits uses that create potential hazards to the safe approach and departure of aircraft; and,
   E.   Recognizes the role of Davis-Monthan Air Force Base in the Tucson community and protects the ’s interest in ensuring the continued viability and operation of Davis-Monthan AFB by limiting incompatible in the (ADC).
5.6.2.   ESTABLISHMENT, DESIGNATION, AND AMENDMENT OF AEZ MAPS
   The Environs (AEZ) includes districts and that do not necessarily have the same boundaries. The boundaries of these districts and are identified for Tucson International (TIA) and for Davis-Monthan Air Force Base (DMAFB) by the Environs (AEZ) Overlay Map series kept on file in the offices of the City Clerk and the Planning and Development Services Department (PDSD). The AEZ Overlay Map series is hereby established as the official AEZ Overlay Map series, The AEZ Overlay Map became effective on May 16, 1990, as amended on January 28, 1991, April 27, 1992, October 28, 2002 and January 1, 2005.
   The AEZ is made up of the following 11 and districts (See Illustrative Maps 5.6-B and 5.6-C.):
   A.   The following and districts are established in the TIA environs:
      1.    ;
      2.    ;
      3.    ;
      4.   Noise Control District 65 (NCD 65) - High Noise District with exposures of 65-70 designated at TIA; and,
      5.   Noise Control District 70 (NCD 70 - High Noise District with exposures of 70+ designated at TIA.
   B.   The following and districts are established in the DMAFB environs:
      1.    (ADC-1) - Northwest end of DMAFB runway;
      2.    (ADC-2) - Southeast end of DMAFB runway up to 30,000 feet from end of runway;
      3.    (ADC-3) - Southeast end of DMAFB runway 30,000 to 50,200 feet from end of runway;
      4.    (NCD A) - High Noise District with exposures of 65-70 designated at DMAFB; and,
      5.    (NCD B) - High Noise District with exposures of 70+ designated at DMAFB.
   C.   The (AHD) apply to both the TIA environs and the DMAFB environs. The AHD is a specifically designated area of land where uses that constitute hazards to aircraft operations are prohibited and heights are limited.
   D.   Designation, amendment, or change of boundaries for an Environs shall be established through the amendment to the designation on the AEZ Maps in accordance with Section 3.5, Rezoning (Change of Zoning) Procedure.
5.6.3.   APPLICABILITY IN THE TIA ENVIRONS
   A.   Sections 5.6.3, 5.6.4, 5.6.5, 5.6.6, and 5.6.11 apply to the TIA environs.
   B.   Where more than one or applies to a property, the standards of all applicable districts or shall apply. Where standards conflict, the most restrictive standards shall apply.
   C.   The Environs (AEZ) applies to the following on all property located within the TIA boundaries. For property partially within the TIA, the provisions apply to only those portions within the boundaries of the AEZ. For areas outside the limits, the AEZ standards will apply upon annexation.
      1.   New ;
      2.   A change in, expansion of, or addition to the use of an existing as follows:
         a.   The residential , employee , and emergency evacuation plan and training standards of Section 5.6.5, Use for the TIA Environs, apply to the entire existing if the change, expansion, or addition results in an increase in any of the following:
            (1)   Employee ;
            (2)   Residential ;
            (3)   Number of employees; or,
            (4)   Number of of the general public for whom the was intended or designed to accommodate.
         b.   The noise attenuation standards of Section 5.6.6, Noise Control Districts, apply to the entire existing if the use of the existing is changed from any other to one or more of the following uses:
            (1)   Residential;
            (2)   Place of ; or,
            (3)   Administrative or Professional Office.
      3.   Expansion of an existing as follows:
         a.   If the of a or the on a is expanded by less than 50%, the AEZ applies only to the areas of expansion;
         b.   If the of a is expanded by 50% or more, the standards of Section 5.6.6 apply to the entire . Exception: the sound attenuation standard in this section does not apply to an expansion of the following types of existing prior to May 16, 1990:
            (1)   A single- or duplex dwelling;
            (2)   A mobile home; or,
            (3)   A manufactured housing unit.
         c.   If the on a is expanded by 50% or more, the employee , , and emergency evacuation plan and training standards of Section 5.6.5 apply to the entire .
         d.   Cumulation of Expansions. Expansions are cumulated over time from May 16, 1990. Once a or is brought into with the provisions of this section, subsequent expansions are accumulated as of the date the existing or is brought into .
      4.   Nothing contained in this section affects existing property or the right to its continued use for the purpose legally used at the time these requirements become effective, nor do these requirements affect any reasonable repairs to, or of, or property used for such existing purposes.
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