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5.7.1.   PURPOSE
   These standards are intended to recognize the value of Tucson’s resources, particularly the critical and sensitive wildlife habitat of eastern Pima County associated with public monuments, forests, and preserves. These standards relate to areas associated with Tucson’s public lands and preserves, including Saguaro National Park, Coronado National Forest, and Tucson Mountain Park. It is the intent of these standards to protect valuable habitat resources to the greatest extent possible. , with these public resources, is allowed. This overlay specifically serves to:
   A.   Recognize the social, economic, environmental, biologic, and cultural importance of Saguaro National Park and Tucson Mountain Park to the City of Tucson;
   B.   Buffer Saguaro National Park and Tucson Mountain Park from the impacts of new by allowing that is with preservation of critical wildlife habitat and the Park environs;
   C.   Conserve certain designated washes that extend from the Parks as areas of natural and scenic resources and provide valuable wildlife habitat;
   D.   Complement the City of Tucson Interim Watercourse Improvement Policy that provides for flood control,   , and groundwater recharge through the preservation of designated washes in natural and undisturbed states; and,
   E.   Assist in implementing the policies that call for the preservation of Tucson’s significant natural areas along designated watercourses where identified in adopted area and neighborhood plans.
5.7.2.   APPLICABILITY
   A.   Areas Mapped
    that may contain are shown on a series of maps approved by the Mayor and Council called the Environmental Resource Overlay Maps (ERZ Maps). The ERZ Maps include all along the subject washes that may contain habitat, including those that are not vacant. These maps are based on the Critical and Sensitive Wildlife Habitat Map that the Mayor and Council adopted by Resolution #15149.
   B.   
    is associated with along the following washes and their tributaries as shown on the ERZ Maps: 1) Agua Caliente; 2) Ajo; 3) Anklam; 4) Camino de Oeste; 5) Coronado ; 6) Cuprite; 7) Enchanted Hills; 8) Escalante; 9) Este; 10) Fagan; 11) Flato; 12) Franco; 13) Greasewood; 14) Julian; 15) North Fork ; 16) Petty Ranch; 17) Race Track; 18) Reyes; 19) Rincon Creek; 20) San Juan; 21) Silvercroft; 22) South Fork ; 23) Summit; 24) Tanque Verde Creek; 25) Thomas Sousa; 26) portions of the West Branch of the Santa Cruz; and 27) West Speedway (Painted Hills).
   C.   New
   New that occurs on or proposed that include property designated as an ERZ wash are reviewed for compliance with these standards in accordance with Section 3.3.3, PDSD Approval Procedure.
   D.   Designation, Amendment and Change of Boundaries for ERZ Washes
   Designations of new areas subject to this section and changes to existing designations are processed in accordance with Section 3.5, Rezoning (Change of Zoning) Procedure. For designation of new area within the , the proposed designation shall be reviewed by the Stormwater Advisory Committee (SAC) and Stormwater Technical Advisory Committee (STAC) prior to the public hearing before the Zoning Examiner. The recommendations of the SAC and STAC are forwarded to the Zoning Examiner prior to the public hearing.
   E.   Approved
   Where a recorded shown on the ERZ Maps is resubdivided, it shall comply with these standards.
   F.   Annexation
   As annexation occurs, additional or extensions of may be added to the ERZ Maps.
   G.   Exceptions
   The ERZ standards do not apply to the following:
      1.   Any single- residence or other existing as of July 3, 1990, or any expansion of up to 25% of either an existing residence or other ;
      2.   Any or to be developed with one single- residence where all and the residence and any are located outside of the ;
      3.   Any that was recorded prior to August 3, 1990, as long as:
         a.   Substantial construction occurred within five years of August 3, 1990; and,
         b.   Construction occurs in accordance with the approved .
      4.   Where these standards affect a that is also subject to the Hillside Development (HDZ) standards, these standards do not apply as long as there is no encroachment into the 100-year floodplain.
5.7.3.    OPTIONS
    subject to the ERZ may use one of the two following options.
   A.   No Encroachment in Floodplain
   Where the owner of a or affected by these standards chooses to leave the 100-year floodplain undisturbed, the ERZ does not apply except that temporary fencing shall be placed between the and the floodplain area as provided in Section 5.7.5.B, Temporary Fencing Required. Encroachment of the floodplain is limited to ,  , walkways, or bike paths as provided in Section 5.7.5 , Standards for /Utility Encroachment. (See Figure 5.7-A.)
Figure 5.7-A: No Encroachment in Floodplain (ERZ)
   B.   Study of
   The following information is required when an applicant affected by these standards chooses to do a study of the :
      1.   An (ERR) in accordance with the provisions in the Administrative Manual is required. The ERR is a study of the and documents locations of the and ;
      2.   A plan in accordance with Section 5.7.4.D, Plan, is also required if preservation of the cannot be accomplished as required by the ERZ standards;
      3.   The and, when applicable, the plan is reviewed and considered for approval in accordance with Section 3.3.3, PDSD Approval Procedure; and,
      4.   Permits for grubbing, , construction, or any other shall not be issued until all applicable standards of Section 5.7.4, 5.7.5, and 5.7.6 are met.
5.7.4.    STANDARDS
   A.   Preservation of
   Preservation of 100% of within the for shown on the ERZ Maps are required, except as provided in Sections 5.7.3, Options, and 5.7.5, Standards for /Utility Encroachment. The may be included as part of any required on the .
   B.   Residential
   Residential of four or more are allowed only as provided in Section 8.7.3, Flexible Lot Development (FLD), except as provided in Section 5.7.2.G.2. Use of the FLD shall provide for the maximum amount of preservation while preserving options.
   C.   Nonresidential
   Nonresidential is allowed based on underlying zoning.
   D.    Plan
      1.   Where preservation of the cannot be accomplished as provided in these standards, the owner is required to submit a plan;
      2.   The plan shall include the following:
         a.   A statement of findings as to why 100% preservation of the cannot be accomplished;
         b.   A description of the specific impact of the on existing within the ;
         c.   The proposed techniques to lessen the impacts of the on the . The techniques employed by the should protect remaining and restore disturbed during construction. This may be done through clustering away from substantial amounts of , enhancement of degraded through or restoration, or other means appropriate to the type of (see Figure 5.7-B); and,
         d.   A plan for 100% restoration of the disturbed during construction as detailed in Section 5.7.5.A.6, 7, and 8;
         e.   A plan is reviewed and considered for approval in accordance with Section 3.3.3, PDSD Approval Procedure. In reviewing the statement of findings and the plan, such factors as the amount, quality, and predisturbance condition of the within the ; the contiguity of the ; the presence of any endangered species; the upstream or downstream characteristics of the designated wash; the alternatives to the layout and design of the ; and any other pertinent factors relating to the proposed or the that may be provided by the owner and the reviewing parties shall be taken into consideration.
Figure 5.7-B: Options
   E.   Temporary Fencing Required
   No grubbing, , or construction shall occur on a until areas designated to be retained in a natural state are temporarily fenced.
   F.   Inspection of Fencing
   All temporary fencing shall be field inspected by PDSD before any construction on the begins. Fencing shall be removed only on completion of construction.
5.7.5.   STANDARDS FOR ENCROACHMENT
   A.   Standards
   The following standards are required as part of the plan, when applicable. They are also required for any allowed encroachment into . Encroachment that may be allowed is limited to ,   , walkways, or bike paths.
      1.    , bike path, and walkway and utility encroachments into are limited and approved only if there are no other alternatives in the design of the . Where allowed, , bike path, and walkway and utility encroachments shall cross and not run parallel to the .
      2.   Where , bike path, and walkway are allowed to encroach into , they are allowed only at the narrowest point of the . (See Figure 5.7-C.)
Figure 5.7-C: Riparian Crossing
      3.   All in shall be located underground. shall be placed either along , bike path, or walkway or within approved easements. Water and sewer utility trenches must be set beneath the 100-year scour depth.
      4.   Any , bike path, or walkway improvement that impedes the movement of wildlife shall be constructed in such a manner as to provide means for safe and accessible passage. or encroachments into shall be constructed to minimize disruption of vegetation and . Where culverts are used, they should be box culverts a minimum of six feet in height.
      5.   Where a , walkway, or bike path improvement or utility encroachment occurs within the , shall be required for any area disturbed because of such construction.
      6.    should include plant material salvaged from the .
      7.    should recreate the through the planting of trees, shrubs, and seed mix native to the and be equal to the predisturbance plant , diversity, and volume on the net .
      8.   A maintenance program is required for revegetated/restored or enhanced areas so that plant material is replaced as needed.
   B.   Temporary Fencing Required
   No grubbing, , or construction shall occur on a until areas designated to be retained in a natural state are temporarily fenced. All temporary fencing will be field inspected by PDSD before any construction on the begins. Fencing shall be removed only on completion of construction.
5.7.6.   STANDARDS FOR FENCES, WALLS, AND EXTERIOR LIGHTING
   A.   Fences and Walls
   Neither fences nor walls are allowed that impede wildlife movement through designated except for temporary fencing. If barbed wire fencing is used, the bottom and top wire shall be barbless and a bottom clearance of at least 18 inches from the ground is required.
   B.   Exterior Lighting
   Lighting sources shall be confined to wall-mounted fixtures or standards a maximum of 42 inches in height, spaced to create pools of light rather than a saturated condition. Neither high-pressure sodium nor mercury vapor lighting shall be used. All lighting sources shall be shielded to reduce dispersed light.
5.7.7.   VARIANCES AND AMENDMENTS
   A.   Variance Requests
      1.   Variances from the ERZ standards are reviewed and considered for approval in accordance with Sections 3.10.1 and 3.10.3, Board of Adjustment Variance Procedure. As provided in Section 2.2.6.C.5, the Design Review Board (DRB) reviews all ERZ variance request and forwards its recommendations to the Board of Adjustment.
      2.   If the City Engineer or designee, a notified property owner, or the applicant for the variance requests consideration of stormwater management issues related to the variance, the Stormwater Technical Advisory Committee (STAC) may review the variance request concurrently with the DRB and may provide written or oral testimony at the public hearing for the variance request. Any such testimony shall address the required findings.
   B.   Proposed Amendments
   The Stormwater Advisory Committee (SAC) may review all proposed amendments to this section and may provide written conclusions and recommendations to the PDSD of the Department of Transportation to be forwarded to the Planning Commission and the Mayor and Council prior to public hearings on the proposed amendments.
5.8.   “H” HISTORIC PRESERVATION (HPZ) AND “HL” (HL)
5.8.1. PURPOSE
   The purpose of the HPZ and HL designation is to promote the educational, cultural, economic, and general welfare of the community and to ensure the harmonious growth and of the municipality by encouraging the preservation and rehabilitation of significant historic districts, neighborhoods, , , sites, objects, and archaeological resources. These designations are intended to ensure the preservation of significant historic and archaeological resources, and to keep them in active use or management in their historic appearance, settings, and locations. It is also intended that new or remodeled or located within HPZs or HL properties be designed and constructed to harmonize and be compatible with existing and within the sites and in order to preserve property values, provide for appropriate future , and promote an awareness of the heritage of Tucson among both residents and visitors to the community.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11150, 3/18/2014)
5.8.2. APPLICABILITY
   A.   The HPZ and HL designation is an overlay superimposed over underlying zoning.
   B.   The HPZ and HL designation applies to specifically mapped areas where there is an individual historically important , , , or object; a group of surviving related historic resources in their original setting; or an that gives a historic dimension to the . A list of established HPZs and HLs is provided in Section 9-02.8.0, Historic Preservation Zones, Sites, and Structures, of the Technical Standards Manual and is updated by the City Historic Preservation Office based on Mayor and Council action. Demolition requests in pending HPZs or HLs are subject to the standards of Section 5.8.10. To identify each HPZ or HL on the City of Tucson , the preface "H" or "HL" is added to the assigned residential, office, commercial, or industrial designation, e.g., R-1 becomes HR-1.
   C.   The designation, amendment, and change to boundaries of a HPZ or HL are established by the Mayor and Council in accordance with Sections 5.8.4, Steps to Establish or Amend a HPZ, 5.8.6, Steps to Establish or Amend a HL, and 3.5, Rezoning (Change of Zoning).
(Am. Ord. 11150, 3/18/2014)
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