This ordinance is enacted as Chapter 23B of the Tucson Code and may be cited as the “Unified Development Code ” or “UDC ” of the City of Tucson.

(Am. Ord. 11070, 5/14/2013)

   This UDC is adopted pursuant to the powers granted by the Arizona Revised Statutes (A.R.S.).

   The provisions of the UDC are established to protect and promote the general health, safety, and welfare of all present and future residents of Tucson and more specifically:

•   To implement the General Plan ;

•   To guide new growth and redevelopment of the community in accordance with the policies of the General Plan ;

•   To encourage the most efficient use of land through site sensitive design;

•   To reduce potential hazards to the public that may result from incompatible land uses or from the development of environmentally hazardous or sensitive lands;

•   To protect and enhance the City ’s natural, cultural, historical, and scenic resources; and,

•   To promote the economic stability of the community.

   If any section, subsection, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional, such findings do not affect the validity or constitutionality of the remaining portions of the ordinance.

   A.   The provisions of the UDC apply to all development and uses of land within the City .

   B.   Land shall not be divided into two or more parcels , except as allowed in accordance with Section 8.2, Land Division and Subdivision Standards, or be used or occupied, no site modification or construction started, and no existing use or structure expanded, reconstructed, changed, or otherwise altered until compliance with the provisions of the UDC have been certified.

   C.   The Planning and Development Services Department shall not issue approvals or permits for, nor shall any person commence excavation , grubbing, grading , paving, demolition, or construction of any sort before compliance with UDC standards has been certified.

   D.   All provisions of the UDC shall be consistent with, and conform to, the General Plan and other related plans and policies adopted by the Mayor and Council.

   E.   The certification of zoning compliance as provided in Section 1.5.1.B, Zoning Determinations and Zoning Certifications, shall consist of the certification that proposed development and construction are in conformance with the UDC prior to final development approval.

   F.   The Administrative and Technical Standards Manuals are companion documents to the UDC and provide additional criteria, standards, and requirements that support the implementation of the UDC .

   A.   Title

   A set of maps depicting all zoning boundaries within the City of Tucson is established and entitled “City of Tucson Zoning Maps .”

   B.   Purpose

   The City is divided into zoning districts , and the establishment of the zoning maps is for the purpose of graphically indicating the locations of all land use zoning boundaries within the corporate limits of the City , and facilitating the application of the UDC on each individual piece of property.

   C.   Applicability

   The City of Tucson Zoning Maps , as part of the UDC , depict the land use regulations applicable on each individual property within the City limits by identifying the zoning classification that applies on each property. Maps are added to the set upon the adoption of original City zoning for land annexed into the City .

   D.   Determination of Zoning Boundaries

   Zoning boundary lines are intended to follow lot lines to the centerlines of streets , alleys, railroad rights-of-way , or extensions of such rights-of-way , except where referenced to a street line or other designated line. (See Figure 1.4-1.)

   E.   Zoning Boundaries Dividing a Lot

   On any lot that was under single ownership and of record on September 20, 1948, and divided by a zoning boundary into two or more separate zoning categories, the permitted uses and accessory uses allowed in one zone may encroach 25 feet into the other zone if such zone is more restrictive and the encroaching use is not permitted in the more restrictive zone . (See Figure 1.4-2.)

   F.   Zoning Boundary Conflict

   If any question arises concerning the location of a land use zoning boundary, the Zoning Administrator renders a final decision and determination on the matter in conformance with Section 1.5.1, Determination by the Zoning Administrator.

   G.   Zoning of Right-of-Way

   Zoning is applicable on all property, except streetrights-of-way . Use of streetrights-of-way for other than public street purposes requires approval by the Zoning Administrator and the Department of Transportation. The Zoning Administrator may allow, within the right-of-way , only those uses or structures that are permitted on the property immediately abutting the right-of-way .

   A.   General

   The Zoning Administrator renders a final decision and determination in accordance with this section when an determination of the substantive provisions of the UDC or the application of substantive zoning provisions in the zoning certification of a site plan , tentative plat , or final plat is requested.

   B.   Requesting a Zoning Determination or Certification

      1.   Requests for a written determination or certification must be made in writing to the Zoning Administrator. The request must include: the name and address of the person requesting a certification or determination; the ordinance, code or part therefore, or substantive policy statement that requires determination or clarification; the requesting party ’s proposed determination or clarification; and whether the issue(s) are currently being considered by the City in connection with a pending application or request for approval and the identity of the proposed project or development ; and,

      2.   Any person , including those affected by the proposed development may request a written determination or certification. For the purposes of this section, a person affected by the proposed development is the applicant, owners, or residents of property within 400 feet of the site , any neighborhood association within one mile.

   C.   Decision and Notice of Decision

      1.   The Zoning Administrator shall make a final, written, zoning determination and mail notice of the determination or certification to the applicant and all parties of record within the time frames set forth in Section 3-02, Compliance Review Timeframes Policy, of the Administrative Manual. The applicant or the Zoning Administrator may place other parties on notice of the determination or certification by providing a copy of the application to such parties at the time it is submitted to the Zoning Administrator and listing such persons as a party of record in the application. The Zoning Administrator may include as a party of record a person (s) affected by the proposed development as provided in Section 1.5.1.B.2 and any person as determined by the Zoning Administrator who may be personally affected by the proposed development in a manner that is beyond the impact of the development on the general public;

      2.   The Zoning Administrator shall provide the applicant with an opportunity to meet with designated City staff to discuss the Zoning Administrator’s written determination;

      3.   The Zoning Administrator shall rely on the purpose of the UDC section in question when making a zoning determination;

      4.   The Zoning Administrator may designate certain decisions as precedent for future decisions. Any decision so designated shall be binding upon future cases unless reversed on appeal. One copy of all precedent decisions shall be maintained by the Zoning Administrator and one copy shall be maintained by the City Clerk for public review and inspection;

      5.   All zoning determinations shall be posted to the City website; and,

      6.   The Zoning Administrator’s determination shall be binding upon the applicant and all parties of record unless appealed.

   D.   Substantive Policy Statements

   The Zoning Administrator may, in his sole discretion, also issue substantive policy statements. Such written, substantive policy statements will be advisory in nature, providing information regarding the City ’s policies and current practices, procedures, methods of action and approach to implementing the stated policy and the UDC and the Administrative and Technical Standards Manuals.

   No less than annually, the City shall publish, on its website, a directory summarizing any substantive policy statements and maintain a copy of the directory and policy statements at the office of the Planning and Development Services Department, where they will be available for public inspection.

   E.   Appeals to the Zoning Determination

      1.   A party of record to a zoning determination can appeal the determination;

      2.   Appeals are considered by the Board of Adjustment in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeal Procedure;

      3.   Notice of intent to appeal, including a statement explaining the reason for the appeal, must be filed with the Planning and Development Services Department no later than 14 days after the effective date of the zoning determination; and,

      4.   The complete appeal application is due no later than 30 days after the effective date of the zoning determination.

   All graphics and captions included in the UDC are for illustrative purposes and do not have legal status, unless specified otherwise.

   Section references to codes and laws other than the UDC , such as the Arizona Revised Statutes (A.R.S.) or other chapters in the Tucson Code, are generally provided for the reader’s convenience. Since these codes and laws are adopted separately from the UDC , the references are administratively amended as needed to assure that correct references are maintained. These administrative amendments do not affect the substantive application of the UDC .

   For purposes of the UDC , the terms regulations, standards, and requirements all refer to regulatory provisions of the UDC .

   If any provisions within the UDC conflict, the most restrictive as determined by the Zoning Administrator shall apply, unless otherwise provided.

   The provisions of the UDC do not abrogate any other ordinance, statute, regulation, private covenant, agreement, or contract that is more restrictive or that requires greater performance in the regulation of any land use or development within the City .

   Except as otherwise specifically provided, no provision of the UDC shall be construed as relieving any party , to whom UDC compliance approval is issued, from any other provision of county , state , or federal law or from any provision, ordinance, or regulation of the City of Tucson requiring approval, license, or permit to accomplish, engage in, carry on, or maintain a particular business, enterprise, occupation, transaction, or use.

   The purpose of transitional regulations is to clarify the status of properties with pending applications or recent approvals, as those terms are used below, and properties with outstanding violations , at the time of the adoption of this UDC .

   Any violation of the previous Land Use Code (LUC) shall continue to be a violation under this UDC and shall be subject to the penalties and enforcement in Article 10, Enforcement and Penalties; except when a use, structure , or lot not lawfully existing at the time of the adoption of this UDC is deemed lawful and conforming as of the effective date of this UDC if it conforms to all of the standards of this UDC . Payment shall be required for any civil penalty assessed under the previous code, even if the original violation is no longer considered a violation under this UDC .

   A.   When a building , structure, or lot is used for a purpose that was a lawful use before the effective date of this UDC , or before the adoption of original City zoning for an annexed property, and this UDC does not classify such use as an allowed use in the zoning district in which it is located, such use shall be considered nonconforming and shall be controlled by Article 9, Nonconforming Uses , Buildings , and Structures.

   B.   Where any use, building , structure, or lot that legally existed on the effective date of this Code does not meet all standards set forth in the UDC , such use, building , structure, or lot shall be considered nonconforming and shall be controlled by Article 9, Nonconforming Uses , Buildings , and Structures.

   A.   Pending Applications

      1.   Any complete application that has been submitted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to the effective date of this UDC , shall be reviewed in accordance with an ordinance in effect on the date the application was deemed complete. There may be a transition period set forth by ordinance which allows an applicant to select whether the LUC or UDC will governs the development during a limited time period (see Choice of Code below). If the applicant fails to comply with any applicable required period for submittal or other procedural requirements for the applicable code, the application shall expire and subsequent applications shall be subject to the standards of this UDC . Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.

      2.   An applicant with a complete application that has been submitted for approval, but upon which no final action has been taken prior to the effective date of this UDC , may request review under this UDC , or a form of the LUC then applicable by a written letter to the Planning and Development Services Department.

   B.   Tentative and Final Plats

      1.   Tentative plat approvals granted prior to the effective date of this UDC may be extended no more than once, and for no longer than one year.

      2.   A final plat application, for which the tentative plat was approved prior to the effective date of this UDC , may be processed pursuant to the applicable terms of the ordinance in place at the time of tentative plat approval, even if the application does not comply with standards set forth in this UDC .

   C.   Approved Projects

      1.   Approvals and permits that are valid on January 2, 2013, shall remain valid until their expiration date. Projects with valid approvals or permits may be completed in conformance to the regulatory provisions in effect at the time of approval.

      2.   Any building or development for which a building permit was granted prior to the effective date of this UDC may be permitted to proceed to construction. If the development for which the building permit is issued prior to the effective date of this UDC fails to comply with the time frames for development established for the building permit, the building permit shall expire and future development shall comply with the standards of this UDC .

   D.   Choice of Code

   For a period of three years after the effective date of this UDC , an applicant who was the landowner of record prior to the effective date of this UDC may choose to be governed by the provisions of this UDC or those of the Land Use Code (LUC) in effect on the date this UDC becomes effective. During this three-year transition period, ending January 2, 2016, the landowner shall comply, without exception, with all provisions of either the UDC or LUC selected by that landowner. For a period of one year ending January 1, 2014, applicants electing to be governed by the LUC will have the ability to seek modifications or exceptions pursuant to: Flexible Lot Development (FLD), Design Development Option (DDO), and Parking Design Modification Request (PDMR). Between January 2, 2014 and January 2, 2016, applicants electing to be governed by the LUC will not have the ability to seek modifications or exceptions pursuant to the FLD, DDO, and PDMR. The selection shall be made and communicated to the City on a form provided by the City prior to acceptance of any development applications on the subject property. The landowner shall not be permitted to alternate compliance between the previous LUC and current UDC during the three-year transition period. At the expiration of the three-year transition period, the LUC will be repealed.

   E.   Waiver of Potential Claims

   By electing to proceed under this code, the property owner waives any and all potential claims that may arise under A.R.S. §§12-1134 et seq. for any diminution in the value of his property that may be claimed from any difference between the requirements and standards of this code and those of the LUC.

(Am. Ord. 11070, 5/14/2013)