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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.
5.6.4.   TIA ENVIRONS
   The following provisions apply to the TIA Environs.
   A.   Permitted Uses
   The permitted are those permitted by the underlying , except as restricted by this section.
   B.   Posting of Occupancy Limitations
   Any restriction of occupancy required under this ordinance as a condition of permit issuance or certificate of occupancy shall be posted on the premises. The owner/manager(s) of the premises cannot exceed these limitations.
5.6.5.    USE FOR THE TIA ENVIRONS
    standards within the Use are as follows:
   A.   
      1.   Single- and multifamily dwellings and mobile homes are permitted only if the property is zoned IR, RH, SR, RX-1 (UR), RX-2, R-1, R-2, MH-1 (MH), MH-2 (MHP), or R-3 and such was in place prior to May 16, 1990. Other uses allowed by the underlying zoning are permitted, except as modified by Section 5.6.5.D, Prohibited Uses.
         a.   Flexible Lot Developments, Section 8.7.3, are not permitted; and,
         b.   Residential shall comply with the underlying zoning, with no more than 25 per .
      2.   No more than one employee for every 250 square feet of of all on a at any time shall be accommodated by intention, design, or in fact.
      3.    or uses with 50 or more employees shall develop an emergency evacuation plan and training program shall be developed and implemented. Fire Department approval of this plan and program is required.
      4.   The maximum permitted height limit is the most restrictive of the underlying , 75 feet, or as restricted by Section 5.6.11, for TIA and DMAFB Environs.
   B.   
      1.   Single- and multifamily dwellings and mobile homes are permitted, only if the property is zoned IR, RH, SR, RX-1 (UR), RX-2, R-1, R-2, MH-1 (MH), MH-2 (MHP), or R-3 and such was in place prior to May 16, 1990. Other uses allowed by the underlying zoning are permitted, except as prohibited by Section 5.6.5.D, Prohibited Uses.
         a.   Flexible Lot Development (Section 8.7.3) are not permitted; and,
         b.   Residential shall comply with underlying zoning, with no more than 25 per .
      2.    or uses with 50 or more employees shall develop an emergency evacuation plan and training program shall be developed and implemented. Fire Department approval of this plan and program is required.
      3.   The maximum permitted height limit is the most restrictive of the underlying , 75 feet, or as restricted by Section 5.6.11, for TIA and DMAFB Environs.
   C.   
      1.   In , single- and multifamily dwellings and mobile homes are permitted, only if the property is zoned IR, RH, SR, RX-1 (UR), RX-2, R-1, R-2, MH-1 (MH), MH-2 (MHP), or R-3 and such was in place prior to May 16, 1990. Other uses allowed by the underlying zoning are permitted, except as prohibited by Section 5.6.5.D, Prohibited Uses.
         a.   Flexible Lot Development, Section 8.7.3, are not permitted; and,
         b.   Minimum area per is 144,000 square feet.
      2.   In , no shall exceed 75% and 0.375 Ratio (FAR).
      3.   In , no or use or   or use shall accommodate, by intention or design, in whole or in part, at any one time, more than 50 employees.
   D.   Prohibited Uses
      1.    of more than 50 is prohibited within , , and .
         a.   Exception: Accessory Food Service for employees only is permitted provided such uses are provided on- entirely within a devoted to a permitted .
      2.   In addition to , the following uses are prohibited within and :
         a.   Adult care homes, adult care facilities, specialized treatment homes, and group homes for the ;
         b.   Civic Assembly of 50 or more ;
         c.   Day Care;
         d.   Educational Use: Elementary and Secondary Schools; and,
         e.   Medical Service.
      3.   In addition to , the following uses are prohibited within :
         a.    Service (on premises);
         b.   Civic Assembly;
         c.   Cultural Use;
         d.   Day Care;
         e.   Educational Use;
         f.   Entertainment (indoor and outdoor);
         g.   Financial Service (except automated teller);
         h.   Food Service (on premises, except as );
         i.   General Merchandise Sales (retail stores over 2,500 square feet );
         j.   Medical Service - Major;
         k.   Medical Service - Outpatient;
         l.   Membership Organization;
         m.   Recreation (indoor and outdoor);
         n.   Religious Use;
         o.   Swap Meet or Auction; and,
         p.   Travelers’ Accommodation.
5.6.6.   NOISE CONTROL DISTRICTS
   A.   
      1.   Within Noise Control District-65, the following uses shall be provided with sound attenuation, to reduce the interior noise level to an of 45 or less, as specified in Section 9-03.0.0, Sound Attenuation within the Environs , of the Technical Standards Manual:
         a.    -built residential uses;
         b.   Places of ; and,
         c.   Administrative and Professional Offices.
      2.   A manufactured housing unit is not considered equivalent to a single- dwelling within the boundaries of , unless located on a property zoned MH-1 or MH-2 or unless it can be demonstrated that the unit provides adequate sound attenuation to reduce the interior noise level to 45.
      3.   Prohibited Uses: Within , Day Care uses are prohibited.
   B.   
      1.   Within Noise Control District-70, the following uses shall be provided with sound attenuation to reduce the interior noise level to an of 45 or less, as specified in Section 9-03.0.0, Sound Attenuation within the Environs , the Technical Standards Manual:
         a.    -built residential uses;
         b.   Places of ; and,
         c.   Administrative and Professional Offices.
      2.   Single- and multifamily dwellings are permitted, provided the property is residentially zoned as of May 16, 1990, and provided the interior noise level is reduced to an of 45 or less as specified in Section 5.6.6.B.1.
      3.   A manufactured housing unit is not considered equivalent to a single- dwelling within the boundaries of , unless located on a property zoned MH-1 or MH-2 or unless it can be demonstrated that the unit provides adequate sound attenuation to reduce the interior noise level to 45.
      4.   Special Exception .
         a.   The following uses are generally considered to be inappropriate within the high- noise area, . They may be approved as Special Exception upon application, review, and approval in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure. In addition to the standard notice required for Special Exception applications, the Tucson Authority and Davis-Monthan Air Force Base shall be notified of all such applications within the boundaries of the Environs (AEZ) (Section 5.6).
            (1)   Civic Assembly;
            (2)   Cultural Use;
            (3)   Educational Use - Postsecondary Institution;
            (4)   Entertainment;
            (5)   Medical Service - Major; and,
            (6)   Swap Meet or Auction.
         b.   In addition to the required findings and conditions specified in Sections 3.4.5 and 3.4.6, respectively, these uses shall be consistent with the intent of the Environs (AEZ) and the Environs Plan or the ( ) Report and shall be capable of sound attenuation to mitigate the effects of high noise. In addition, all activity associated with the use shall be shown to take place within an   . An acoustical engineer shall demonstrate that the proposed use is insulated to an interior noise level of an of 45 or less.
      5.   Prohibited Uses. Within , the following uses are prohibited:
         a.   Day Care; and,
         b.   Educational Use: Elementary and Secondary Schools.
5.6.7.   APPLICABILITY IN THE DMAFB ENVIRONS
   Sections 5.6.7, 5.6.8, 5.6.9, 5.6.10, and 5.6.11 apply to the DMAFB Environs.
   Where more than one or is applicable to a property, the standards of all applicable districts or shall apply. Where standards conflict, the most restrictive shall apply.
   The Environs (AEZ) applies to the following on all property located within the DMAFB Environs boundaries. For property partially within the AEZ, the provisions shall apply to only those portions within the boundaries of the AEZ. For areas outside the limits, the AEZ overlay provisions will apply upon annexation.
   A.   New
   Starting January 1, 2005, Section 5.6.8, Approach-Departure Corridors for DMAFB Environs, and Section 5.6.9, Noise Control Districts for DMAFB Environs, apply to property located within the and following districts: ADC-1. ADC-2, ADC-3, and .
   B.   Changes, Expansions and Additions to Use of Existing
   The following provisions shall apply starting January 1, 2005.
      1.   For a of an existing , the provisions of Section 5.6.8, Approach-Departure Corridors for DMAFB Environs, applies to the entire existing if it results in an increase in the number of employees.
      2.   The noise attenuation standards and performance standards established by Section 5.6.9, Noise Control Districts for DMAFB Environs, applies to the entire existing if the use of the existing is changed to one or more allowed uses requiring sound attenuation.
      3.    existing within the AEZ prior to January 1, 2005 may expand or reconstruct provided that the new construction conforms to AEZ standards.
   C.   Nothing contained in this section shall affect existing property or the right to its continued use for the purpose legally used at the time these standards become effective, nor shall these standards affect any reasonable repairs to, or of, or property used for such existing purposes.
   D.   Nothing in these provisions shall preclude the renovation of existing .
   E.   Proposed expansion of a or is subject to the provisions of Sections 9.2.2 and 9.3.2, respectively.
   F.   Owners of property within the DMAFB Environs and in the vicinity of the military should be aware that A.R.S. Title 28, and A.R.S., Title 32, contain provisions that may apply to some properties regulated under this section. The provisions require property owners to inform potential purchasers, lessees, and renters that a property is in an   . Nothing herein requires property owners to provide notice that is in addition to the standards provided by law.
   G.   The permitted are those permitted by the underlying , except as restricted by Sections 5.6.8 and 5.6.9.
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