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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.
5.6.8.   APPROACH DEPARTURE CORRIDORS (ADC) FOR DMAFB
   The required standards within the ADCs are as follows.
   A.   ADC-1
      1.   Performance Standards
      The following performance standards are required in the ADC-1:
         a.   No more than 30 employees per of is permitted;
         b.   The minimum area is three ; and,
         c.   The maximum FAR is .50 of the area.
      2.   Prohibited
      The following are prohibited in the ADC-1:
         a.   Civic Use Group
            (1)   Civic Assembly- Outdoor and Indoor;
            (2)   Cultural Use;
            (3)   Religious Use; and,
            (4)   Educational Use.
         b.   Commercial Services Use Group
            (1)   Administrative and Professional Offices;
            (2)    Service;
            (3)   Commercial Recreation;
            (4)   Day Care;
            (5)   Entertainment - Outdoor & Indoor;
            (6)   Food Service;
            (7)   Medical Services;
            (8)   Personal Service;
            (9)   Transportation Service - Air Carrier;
            (10)   Travelers Accommodation-Campsite; and,
            (11)   Travelers Accommodation-Lodging
         c.   Industrial Use Group
            (1)   Hazardous Material Manufacturing.
         d.   Recreational Use Group
            (1)   Parks and Recreation.
         e.   Residential Use Group (all uses within the group)
         f.   Restricted Adult Activities Use Group (all uses within the group)
         g.   Retail Trade Use Group (all uses within the group, except for Marijuana Dispensary Off-site Cultivation and Marijuana Dispensary Off-site Manufacturing Location)
         h.   Storage Use Group
            (1)   Hazardous Material Storage.
         i.   Wholesaling Use Group
            (1)   Hazardous Material Wholesaling.
      3.   Exceptions
      The following are exceptions to the Prohibited Uses in ADC-1:
         a.    in the Commercial Services Use Group and Retail Trade Use Group are permitted in ADC-1 only if the property was zoned RCV, NC, C-1, C-2, C-3, C-3, P or RV prior to January 1, 2005. (Rezoning from these to that provide for allowed uses in ADC-1 is encouraged);
         b.    in the Commercial Services Use Group and the Retail Trade Use Group are permitted on property zoned P-I, I-1 or I-2 in ADC-1 only if a plan was approved by Mayor and Council specifically for such use prior to June 30, 2005;
         c.    not in with the performance standards of 5.6.8.A.1 are permitted only if a plan, was approved by Mayor and Council specifically for such prior to June 30, 2005;
         d.   Single-   are permitted only if the property is zoned IR, RH, SR, RX-1, RX-2, R-1, R-2, or R-3, MH-1 or MH-2 and such was in place prior to January 1, 2005. (Rezoning from these to that provide for allowed uses in ADC-1 is encouraged).
            (1)   Flexible Lot Development, Section 8.7.3, are not permitted; and,
            (2)   Residential is limited to no more than one per .
         e.    less than the minimum size required in ADC-1 and recorded prior to January 1, 2005 may be developed in with all other standards specified in Section 5.6.8.A.1., 2, and 3;
         f.   Individual of less than three may be separately owned provided each such is part of a and covenants provided in this subsection that encompasses at least three . The shall be a for notification purposes to the covenants; and,
         g.   Non-   located within ADC-1 may be included within a single or for the purpose of determining employee limits, ratios and other performance standards provided there are recorded covenants requiring with the approved or in the form approved by the PDSD . Non-   that do not meet the above standards may be considered through Special Exception process as specified in Section 5.6.10.
   B.   ADC-2
      1.   Performance Standards
      The following performance standards apply in the ADC-2:
         a.   No more than 20 employees per of at any time may be accommodated by intention, design, or in fact;
         b.   The minimum area is five ; and,
         c.   The maximum FAR is .30 of the area.
      2.   Prohibited
      The following are prohibited in the ADC-2:
         a.   Civic Use Group
            (1)   Civic Assembly - Outdoor and Indoor;
            (2)   Cultural Use;
            (3)   Educational Use; and,
            (4)   Religious Use.
         b.   Commercial Services Use Group
            (1)   Administrative and Professional Offices;
            (2)    Service;
            (3)   Commercial Recreation;
            (4)   Day Care;
            (5)   Entertainment - Outdoor and Indoor;
            (6)   Food Service;
            (7)   Medical Services;
            (8)   Personal Service;
            (9)   Transportation Service - Air Carrier;
            (10)   Travelers Accommodation - Campsite; and,
            (11)   Travelers Accommodation - Lodging.
         c.   Industrial Use Group
            (1)   Hazardous Material Manufacturing.
         d.   Recreational Use Group
            (1)   Parks and Recreation.
         e.   Residential Use Group (all uses in the group)
         f.   Restricted Adult Activities Use Group (all uses in the group)
         g.   Retail Trade Use Group (all uses in the group except for Marijuana Dispensary Off-site Cultivation and Marijuana Dispensary Off-site Manufacturing Location)
         h.   Storage Use Group
            (1)   Hazardous Material Storage.
         i.   Wholesaling Use Group
            (1)   Hazardous Material Wholesaling.
      3.   Exceptions
      The following are exceptions to the Prohibited Uses in ADC-2:
         a.    in the Commercial Services Use Group and Retail Trade Use Group are permitted in ADC-2 only if the property was zoned RCV, NC, C-1, C-2, C-3, C-3, P or RV prior to January 1, 2005. (Rezoning from the previously mentioned to that provide for allowed uses in ADC-2 is encouraged.);
         b.    in the Commercial Services Use Group and the Retail Trade Use Group are permitted in P-I, I-1 or I-2 in ADC-2 only if a plan was approved by Mayor and Council specifically for such use prior to June 30, 2005;
         c.    not in with the performance standards of 5.6.8.B.1 are permitted only if a plan was approved by Mayor and Council specifically for such prior to June 30, 2005;
         d.   Single-   are permitted only if the property is zoned IR, RH, SR, RX-1, RX-2, R-1, R-2, R-3, MH-1 or MH-2 and such was in place prior to January 1, 2005. (Rezoning from the previously mentioned to that provide for allowed uses in ADC-2 is encouraged).
            (1)   Flexible Lot Development, Section 8.7.3, are not be permitted; and,
            (2)   Residential is limited to no more than one per .
         e.    less than the minimum size required in ADC-2, recorded prior to January 1, 2005 may be developed in with all other standards specified in Section 5.6.8.B.1., 2, and 3;
         f.   Individual of less than five may be separately owned provided each such is part of a and covenants provided in this subsection that encompasses at least five . The shall be a for notification purposes to the covenants;
         g.   Non-   located within ADC-2 may be included within a single or for the purpose of determining employee limits, ratios and other performance standards provided there are recorded covenants requiring with the approved or in the form approved by the PDSD . As provided in Section 5.6.10, non-   that do not meet the above standards may be considered in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure.
   C.   ADC-3
      1.   Performance Standards
      The following performance standards apply in the ADC-3:
         a.   For uses in the Industrial, Wholesaling and Storage groups, the maximum FAR is .40 of the area;
         b.   For all other non-residential groups, the maximum FAR is .20 of the area;
         c.   The minimum area is five ;
         d.   The maximum permitted is 62 feet from elevation or the height limit of underlying , whichever is more restrictive; and,
         e.   Any meeting space and function areas where people gather in excess of 5,000 square feet in area shall be located underground.
      2.   Prohibited
      The following are prohibited in the ADC-3:
         a.   Civic Use Group
            (1)   Education Use, Elementary and Secondary Schools.
         b.   Commercial Use Group
            (1)   Day Care; and,
            (2)   Medical Service, Major and Extended Care.
         c.   Industrial Use Group
            (1)   Hazardous Material Manufacturing.
         d.   Residential Use Group (all uses in the group)
         e.   Storage Use Group
            (1)   Hazardous Material Storage.
         f.   Wholesaling Use Group
            (1)   Hazardous Material Wholesaling.
         g.   Landfills or facilities providing services that are critical for public health and safety, such as fire protection, police communications, sewage and water treatment or storage are prohibited.
      3.   Exceptions
      The following are exceptions to the Prohibited Uses in ADC-3:
         a.    not in with the performance standards of Section 5.6.8.C.1, Approach Departure Corridors (ADC) for DMAFB, are permitted only if a plan was approved by Mayor and Council specifically for such prior to June 30, 2005.
         b.   Single-   are permitted only if the property is zoned IR, RH, SR, RX-1, RX-2, R-1, R-2, R-3, MH-1 or MH-2 and such was in place prior to January 1, 2005. (Rezoning from the previously mentioned to that provide for allowed uses in ADCs is encouraged.)
            (1)   Flexible Lot Development, Section 8.7.3, are not permitted; and,
            (2)   Residential is limited to no more than one per .
         c.    , less than the minimum size required in ADC-3 and recorded prior to January 1, 2005 may be developed in with all other standards specified in Section 5.6.8.C.1., 2, and 3.
         d.   Individual of less than five may be separately owned provided each such is part of a and covenants provided in this subsection that encompasses at least five . The shall be a for notification purposes to the covenants.
         e.   Non-   located within ADC-3 may be included within a single or for the purpose of determining employee limits, ratios and other performance standards provided there are recorded covenants requiring with the approved or in the form approved by the PDSD . As provided in Section 5.6.10, non-   that do not meet the above standards may be considered in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure.
(Am. Ord. 11978, 12/20/2022)
5.6.9.   NOISE CONTROL DISTRICT FOR DMAFB ENVIRONS
   A.    - 65-70
      1.   Performance Standards
      The following performance standards apply in the :
         a.   The following uses shall be sound attenuated, to reduce the interior noise level by 25 decibels, to 40-45 , in accordance with the Technical Standards Manual:
            (1)    -built residential uses;
            (2)   Places of ; and,
            (3)   Administrative and Professional Offices.
         b.   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 sound attenuation to reduce the interior noise level by 25 decibels in accordance with the Technical Standards Manual.
      2.   Prohibited Uses
      The following are not permitted within the :
         a.   Civic Use Group
            (1)   Civil Assembly - Outdoor; and,
            (2)   Educational Use - Elementary and Secondary.
         b.    Commercial Use
            (1)   Day Care;
            (2)   Entertainment - Outdoor; and,
            (3)   Medical Services - Major and Extended Care.
         c.   Residential Use Group (all uses in the group except as provided below)
      3.   Exceptions
      Single- dwellings are permitted in the only if the property is zoned IR, RH, SR, RX-1, RX-2, R-1, R-2, R-3, MH-1 and MH-2 and such was in place prior to January 1, 2005.
   B.    - 70+
      1.   Performance Standards
      The following performance standards apply in the :
         a.   The following uses shall be provided with sound attenuation to reduce the interior noise level by 25 decibels in accordance with the Technical Standards Manual:
            (1)    -built residential uses;
            (2)   Places of ; and,
            (3)   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 sound attenuation to reduce the interior noise level by 25 decibels in accordance with the Technical Standards Manual.
      3.   Prohibited Uses
      The following uses are not permitted in the :
         a.   Civic Uses Group
            (1)   Cemetery;
            (2)   Civic Assembly - Outdoor;
            (3)   Cultural Use;
            (4)   Educational Use; and,
            (5)   Religious.
         b.   Commercial Use
            (1)   Day Care;
            (2)   Entertainment - Indoor and Outdoor; and,
            (3)   Medical Services - Major and Extended Care.
         c.   Residential Use Group (all uses in the group except as provided in Section 5.6.9.B.4 below).
      4.   Exceptions
      Single- dwellings are permitted in the only if the property is zoned IR, RH, SR, RX-1, RX-2, R-1, R-2, R-3, MH-1 or MH-2 and such was in place prior to January 1, 2005.
5.6.10.   SPECIAL EXCEPTION
   A.    proposing to exceed the limits of the Performance Standards established in Sections 5.6.8.A, B. and C, are processed in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure. These applications are analyzed for: 1)   with base operations, 2) proximity to the end of the runway, 3) location in relationship to major flight tracks, and 4) compliance with the intent of the DM Joint Study.
   B.   In addition to the notice required for Special Exception applications, the Davis-Monthan Air Force Base shall be notified of all such applications within the boundaries of the DMAFB Environs.
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