Tucson City Zoning Code
ARTICLE 3
GENERAL PROCEDURES
3.1. PURPOSE OF ARTICLE
This article describes zoning and
review procedures related to
activity in the City of Tucson.
3.8. LAND DIVISION AND SUBDIVISION
See Article 8: Land Division,
, and
Standards.
3.2.1. PRE-APPLICATION CONFERENCE
A. Purpose
The pre-application conference is designed to assist the applicant by providing as much information as possible regarding
regulations and requirements and how they may affect the proposed
’s scope and design, prior to submission of a formal application.
B. Applicability
A pre-application conference is required in accordance with the applicable procedure detailed in this Article. Table 3.2-1 sets forth the procedures for which a pre-application conference is required.
C. Requirements
At the pre-application conference, the applicant shall describe to the PDSD the general goals, uses, and
characteristics (e.g., size, location,
, etc.) of the proposed
in sufficient detail to enable the
to identify potential code or plan compliance issues and discuss design issues and options. Depending upon the level of detail of the information provided for the proposed
or the need to include other
departments in the preliminary discussions, the PDSD may request additional pre-application conference(s).
D. Effect
Review is on a conceptual basis, therefore, comments made at this conference are advisory and do not constitute approval or denial of the
.
3.2.2. NEIGHBORHOOD MEETING
A. Purpose
The neighborhood meeting is intended to provide an opportunity to inform potentially affected property owners of the details of a proposed
and application, how the applicant intends to meet the standards contained in the
, and to receive public comment and encourage dialogue at an early time in the review process.
B. Applicability
A neighborhood meeting is required in accordance with the applicable review procedures required in this Article, and Table 3.2-1.
C. Meeting Requirements
1. Standards
The applicant shall mail notices offering to meet at a specified time and place to discuss the proposed
with the
and entities entitled to notice of the application in accordance with following requirements.
a. The offer is made when mailed, and must be mailed at least ten
prior to the date of the meeting and sent by first class mail to property owners within 400 feet of the property, registered
within one mile of proposal, and the Council Ward offices where the project is located.
b. For Concurrent
and Rezoning Applications a single neighborhood meeting shall be held for both applications. The mailed notice for the neighborhood meeting shall be mailed at least 30
, and no more than 45
prior to the neighborhood meeting.
c. The meeting shall occur not more than 60
prior to the date of the submittal of the application.
d. Documentation of the offer to meet and a summary of the meeting must be submitted with the application.
e. The meeting must be held at or near the subject
.
2. Exceptions
a. For designation or amendment to a Historic Preservation
, the offer to meet shall be made no more than one year before the Zoning Examiner public hearing.
b. A neighborhood meeting is not required for amendments to the
or for any text amendment to the
.
3. Content of Neighborhood Meeting Notices
A neighborhood meeting notice shall contain the following:
a. The notice shall describe the substance of the application, include the date, time, and location of the meeting, and specify the contact
, company, or official applicant’s name and phone number;
b. For Board of Adjustment variance applications, the notice shall contain information necessary to fully describe the proposed
, including a description of the code requirement(s) and the requested variance(s) from that particular requirement(s);
c. The notice shall advise the recipients of the notice that they may submit comments to the PDSD or, when applicable, speak at the public hearing; and,
d. For Concurrent
and Rezoning Applications, the required Neighborhood Meetings for each the
and Rezoning shall be combined and in addition to the content requirements under a., b., and c. in this subsection, the notice shall contain the following additional information:
(1) pre-application case number and instructions on how to review pre-application materials;
(2) where to find the area and/or neighborhood plan(s) affected by the proposal; and,
(3) a map showing the proposed area of the
and rezoning.
4. Preparation of Notice
For neighborhood meeting notices, the applicant is responsible for mailing the notices. Applicants must obtain mailing labels from the PDSD and mail the notices to the
and entities entitled to receive mailed notice in Table 3.2-1 in compliance with the preparation of notice procedures in Section 3.2.4.B.5.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11729, 2/19/2020)
3.2.3. APPLICATION REQUIREMENTS
A. Application Required
1. The of the Planning and Development Services Department (PDSD) initiates the review and processing of a complete application, except as provided below. The PDSD shall make a determination of application completeness. An application is considered complete if it is submitted in the required form, includes all mandatory information, including all supporting materials specified in the Administrative Manual, and is accompanied by the applicable fee. Rezoning applications shall also submit evidence of plan compliance to be considered complete. If the application is determined to be complete, the application shall then be processed according to this article.
2. If an application is determined to be incomplete, the PDSD shall provide notice to the applicant with an explanation of the application’s deficiencies. Incomplete submittals are generally not accepted for review. However, if an incomplete submittal is accepted for review, the applicant should be aware that, because of a lack of information, the review will take longer since comments cannot be finalized until after the re-submittal when the required information is provided.
3. Applications submitted with false or misleading information shall be deemed incomplete.
B. Sequential or Concurrent Review Process
1. Where an application under this section requires review under more than one review procedure, the PDSD shall determine whether reviews will be conducted sequentially or concurrently, based upon the issues raised by each application.
2. Where the determines that reviews will be conducted sequentially, the date of acceptance for each procedure shall commence upon the date of decision of the prior procedure unless otherwise stated by the PDSD .
C. Appeal Procedure for Denial of Plan Compliance
If an application is rejected because it is not consistent with the
or any applicable
, the rejection of the application may be appealed by the applicant in accordance with Section 3.9.2, Mayor and Council Appeal Procedure.
D. Suspension and Withdrawal of a Rezoning or
Application
1. For rezoning and
only, an applicant may suspend an application at any time prior to the date published notice is given for the public hearing before the Planning Commission or the Zoning Examiner. When requested in writing by the applicant, the PDSD may authorize a delay of the
process for a maximum of 90
. The applicant may request in writing an additional delay(s). The PDSD may delay the amendment process to permit a number of related
applications to be considered at the same time. An application shall not be suspended for more than one year from the date of acceptance of the application.
2. The PDSD may withdraw a
application at any time and at the request of the applicant and/or the
who paid the filing fee. PDSD shall determine if the applicant is eligible for a refund, and if so, the amount of fees to be refunded.
Procedure | Section | Pre- Application Conference | Neighborhood Meeting | NOTICE** | Decision Maker | Appeal | |||||
Mailing/Distance*
|
Posted
|
Published
| / Distance |
Application Acceptance
|
Notice of Decision
| ||||||
ZONING ADMINISTRATOR INTERPRETATION | |||||||||||
Procedure | Section | Pre- Application Conference | Neighborhood Meeting | NOTICE** | Decision Maker | Appeal | |||||
Mailing/Distance*
|
Posted
|
Published
| / Distance |
Application Acceptance
|
Notice of Decision
| ||||||
ZONING ADMINISTRATOR INTERPRETATION | |||||||||||
ZA Interpretation of | R | See Sec. 1.5.1 | ZA | B/A | |||||||
ZONING COMPLIANCE REVIEW | |||||||||||
100' Notice | 3.3.4.E | R/100' | R/NA of the | R | R | PDSD | B/A | ||||
400' Notice | R | R | R/400' | R/1 mile | R | R | PDSD | M/C | |||
NPZ Design Review | R | R/100' | R/NA of the | R | PDSD | DRB | |||||
PDSD ADMINISTRATIVE APPROVAL | |||||||||||
& | 8.4.3.E | R | M/C | ||||||||
FLD
or | 8.7.3.P | R | R/400' | R/1 mile | R | Varies (see Sec. 8.7.3.P) | |||||
CCT, Except Master Plan | R | R/400' | R/1 mile | Varies (see Sec. 5.11) | |||||||
CCT Master Plan | R | R | R/400' | R/1 mile | PDSD Director | ||||||
SPECIAL EXCEPTION | |||||||||||
PDSD
SE | R/100' | R/NA of the | R | R | PDSD | B/A | |||||
ZE SE | R | R | R/400' | R | R | R/1 mile | R | ZE | M/C | ||
M/C SE | R | R | R/400' | R | R | R/1 mile | R | M/C | |||
REZONING/ZONING EXAMINER LEGISLATIVE PROCEDURE | |||||||||||
RZ/ To Establish PAD | R | R | R/400' | R | R | R/1 mile | R | R | M/C | ||
Rezoning to Establish a PCD | 3.5.6.E | R | R | R/1/2 mile | R | R | R/2 mile | R | R | M/C | |
Major Change to RZ condition;
Specific Establishment of an Overlay
; Major amendments to PAD, PCD | R | R | R/400' | R | R | R/1 mile | R | R | M/C | ||
PLAN ADOPTION AND AMENDMENT | |||||||||||
Readoption of | Notice is in
with the requirements of A.R.S. § 9-461.06 | M/C | |||||||||
Adoption of MS&R, Redev. or | Notice is in
with the requirements of A.R.S. § 9-461.06. For Redevelopment Plans, notice must be published for 2 consecutive weeks in compliance with A.R.S. § 36-1479 | M/C | |||||||||
-Specific Amendment to Gen. Plan, MS&R, Redevelopment or | R | R | R/400' | R | R/1 mile | M/C | |||||
TEXT AMENDMENT | |||||||||||
Text Amendment, General | R/1/8th page display ad | M/C | |||||||||
Text Amend. Creating or Amending an Overlay | R | R/400' & all owners within Overlay | R/1/8th page display ad | R/All NA registered with the | M/C | ||||||
APPEALS PROCEDURES | |||||||||||
DRB Appeal | R/100' | R/NA of the | R | M/C | |||||||
M/C Appeal | R/400' | R | R | R/1 mile | R | M/C | |||||
Takings Appeal | 3.9.3.C | R/Applicant only | ZA | ||||||||
BOARD OF ADJUSTMENT APPEAL AND VARIANCE | |||||||||||
B/A Appeal | R/400' | R | R | R/1 mile | R | B/A | |||||
B/A Variance | R | R | R/400' | R | R | R/1 mile | R | R | B/A | ||
ADMINISTRATIVE MODIFICATIONS | |||||||||||
DDO | R/100' | R/NA of the | R | R | PDSD | B/A | |||||
MISCELLANEOUS APPROVALS | |||||||||||
R to applicant only | M/C | ||||||||||
B/A=Board of Adjustment DDO=Development Design Option DRB=Design Review Board M/C=Mayor and Council MDR= Modification of Development Regulations | MS&R= NA= PDSD=Planning & Development Services Department PH=Public Hearing | RND=Rio Nuevo District RZ=Rezoning ZA=Zoning Administrator ZE=Zoning Examiner **See also Special Notice Requirements in Section 3.2.4.B.6 & 7
| |||||||||
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11171, 5/20/2014; Am. Ord. 11732, 2/19/2020; Am. Ord. 11996, 3/21/2023; Am. Ord. 12152, 3/18/2025)
3.2.4. PUBLIC NOTICE
A. Purpose
The purpose of public notice is to inform interested members of the public and those who may be affected by a proposed
, or text or
, of the proposed action to allow and encourage timely public comment to the decision-making body.
B. Mailed Notice
Mailed notices shall comply with the requirements of Table 3.2-1 and Section 3.2.4.
1. Applicability
Mailed notice is required in accordance with the applicable review procedure detailed in this Article.
2. Notices of Acceptance of Application
The PDSD is responsible for sending a notice of acceptance of application for the application review procedures identified in Table 3.2-1.
3. Content of Notices of Application Acceptance and Public Hearing
Notices of acceptance of application and public hearing notices shall contain the following:
a. A general description of the type, size, and location, as applicable, of the matter to be considered;
b. A general description of the area affected;
c. An advisory that public comments regarding the matter may be submitted prior to the public hearing, or if no public hearing is required, that public comments may be submitted within the comment period for notice procedures.
1. Exception
Flexible
Design acceptance letters do not include a public comment period and are for information only.
d. Whether a proposed rezoning is within the high-noise or accident potential
of the
Environs
(See Section 5.6); and,
e. If the notice is for a public hearing, the time, date, and location of the hearing.
4. Content of Notice of Decision
Notices of decision are required for the application review procedures identified in Table 3.2-1. Notices of decision shall contain the following:
a. The decision rendered; and,
b. When applicable, information pertaining to appeals of the decision, such as when the intent to appeal is due and to whom it is submitted.
c. Recipients of notice of decisions of the Zoning Examiner and/or the Mayor and Council in the Zoning Examiner Legislative Procedure shall be provided with a web link to the decision, with the option to request a hard copy of the decision from PDSD.
5. Preparation of Notice
a. The PDSD will use the latest Pima County Assessor records to determine the property owners to be notified;
b. Mailed notices must use mailing labels generated within 60
of mailing; and,
c. Mailed notices for rezonings must be sent as first class mail. Other mailings shall be per PDSD policy.
6. Recipients of Notice
Mailed notice must be sent to:
a. The applicant and all property owners within the distance specified in Table 3.2-1, whether or not the properties are within the corporate limits of the
;
b. Any other
the
determines are affected by the application or has an interest in the matter;
c. Pima County and other municipalities where the subject property being reviewed adjoins their boundaries;
d. All
who have registered their names and addresses with the municipality as being interested in receiving notice of
text amendments;
e. Ward offices pursuant the PDSD policy; and,
f.
as provided for in Table 3.2-1.
7. Special Notice Requirements
In addition to the
and entities entitled to receive notice listed in Table 3.2-1, notice also must be sent to the following, as applicable:
a. Tucson International
or the Davis-Monthan Air Force Base, as applicable for within the
Environs
and for all procedures using the Zoning Examiner legislative or special exception procedures;
b. Public service agencies affected by the application as determined by the PDSD
;
c. Council Ward office for
amendments,
text amendments, text amendments creating an overlay
; and the creation and/or amendment to
such as area, sub-area, neighborhood,
, and redevelopment plans;
d. For appeals, except takings appeals pursuant to Section 3.9.3, notice to the applicant, the same parties notified to the original application, and those who provided oral or written comments on the application; and,
e. For takings appeals pursuant to Section 3.9.3, notice to applicant and to the
or body which made the administrative decision that is being appealed.
C. Timing of Notice
1. General
Published notice, posted notice, and mailed notice shall be provided at least 15
prior to the public hearing. Specific requirements for published and posted notice are set forth in Sections 3.2.4.E and F. For procedures which do not require a public hearing, notice shall be sent or posted in accordance with PDSD policy.
2. Exception
For takings appeal procedure applications, required public notice is mailed only to the appellant and to the parties entitled to notice of the administrative decision.
D. Calculation of Notice Area
1. General
The required distance for notification is in accordance with the requirements of Table 3.2-1 for the applicable procedure.
2. Measurement
a. The distance of the required notice area is measured from the
of the applicant’s property.
b.
property under the same ownership as the subject
must be combined with the property to determine the boundaries from which the notice is measured.
E. Published Notice
When required by the applicable procedure, published notice must be provided at least once in a newspaper with general circulation in the
. Notice shall contain the following: time, date and location of the hearing, general explanation of the matter to be considered, and if applicable, general description of the affected area. For
text amendments, notice must be published in a one-eighth page display advertisement.
F. Posted Notice
1. Applicability
When required by the applicable procedure in Table 3.2-1, posted notice must be in accordance with this section.
2. Location
Notice shall be posted on the affected property. At least one notice shall be posted for each
the property adjoins. Notice must be posted in accordance with the PDSD policy.
3. Content
At a minimum, the notice shall include the following:
a. The type of action (e.g., rezoning, special exception, text amendment/overlay
, or variance, etc.);
b. The case name;
c. For a rezoning, the word “Zoning” visible from a distance of 100 feet and the existing and proposed
;
d. For B/A, description of the request;
e. The date, time, and location of the public hearing, if applicable; and,
f. The telephone number for the PDSD or other applicable City department.
G. Failure of Notice to Adequately Describe the
If, upon receiving a complaint, the responsible
agency determines that the notice required by this section failed to accurately or adequately describe the proposed
in a manner that substantially informs how the
will affect other property owners, PDSD may determine that the approval is invalid and that the application must obtain a new approval through the same process as required originally. The
’s decision to invalidate an approval may be appealed by the applicant in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeal Procedure.
H. Public Comments to Public Notice
Public comments shall be submitted to the PDSD
. Comments involving a public hearing shall be forwarded to the appropriate officials conducting the public hearing (e.g., the Mayor and Council, Planning Commission, Zoning Examiner, and the Board of Adjustment).
1. All Procedures Requiring Public Comment
For all review procedures that require a public comment period, comment period is 20
following the date that notice is mailed, except as provided below.
2. Exception
For the 100' Notice Procedure and neighborhood preservation
design review, the comment period is ten
.
3. Approval-Protest forms for the Zoning Examiner Legislative Procedure can be submitted from the time of mailed notice until one day before the scheduled date of Mayor and Council action.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11732, 2/19/2020)
3.3.1. PURPOSE
The purpose of the Zoning Compliance Review is to determine whether an application conforms to applicable zoning regulations.
3.3.2. REVIEW PROCEDURES
Compliance with all applicable zoning regulations is verified in accordance with one of the following review procedures:
A. PDSD
approval procedure;
B. 100' Notice Procedure;
C. 400' Notice Procedure;
D. Zoning Administrator approval procedure in accordance with Section 1.5.1;
E. Historic Preservation
design review procedure in accordance with Section 5.8.8;
F. Neighborhood Preservation
design review procedure in accordance with Section 5.10.3; or,
(Am. Ord. 11732, 2/19/2020)
3.3.3. PDSD DIRECTOR APPROVAL PROCEDURE
A. Applicability
Applications that are processed in accordance with the Planning and Development Services (PDSD)
approval procedure include, but are not limited to:
1. Business licenses;
2. Changes of use;
3. Downtown Area Infill Incentive District -
within the Downtown Core Sub-District requesting a Modification of Development Regulations (Note:
within the Greater Infill Incentive Subdistrict are processed in accordance with the 400' Notice Procedure, Section 3.3.5);
4. Electrical connections (certain types);
5. Expansion of existing premises;
6.
;
7. Individual Parking Plans for
greater than 400 feet from R-3 or
or Historic Preservation Zones;
8. New construction;
9. Nonconforming same
class substitution;
10. Nonconforming
;
11. Parking Design Modification Requests (except requests to modify the number of
or
);
12.
within certain overlay
;
13. Restricted adult activities;
14.
(except for
within overlay
that require a different procedure);
15. Land divisions,
, and
(see Article 8 for detailed procedures);
16. Temporary uses or
(see Section 4.11 for additional requirements);
17. Tenant
;
18. Wireless communication uses (certain types);
19. Zoning compliance for
in existence on May 1, 2005 (see Section 3.3.3.H below); and,
20. Other applications, such as blood donor centers and circus, carnival and tent shows.
B.
Some of the above listed application types may also require submission of a
with the application (see Section 3.3.3.G for the requirements for
).
C. Pre-Application Conference
A pre-application conference is recommended, but not required, except as provided below (see Section 3.2.1 for details on pre-application conferences).
D. Application
Submittal of an application to the PDSD is required in order to process the request. (See the Administrative Manual for application submittal requirements.) Applications are reviewed for completeness in compliance with Section 3.2.3, Application Requirements, and compliance with the neighborhood meeting requirements of Section 3.2.2, Neighborhood Meeting.
E. Review of Accepted Applications
Applications are reviewed for compliance with applicable zoning regulations by the PDSD staff and other agencies, committees or advisory boards as required by the
and as deemed necessary or appropriate by the PDSD
.
F. Decision
1. The PDSD
decides whether to approve or deny an application.
2. The
is not required to make a decision on an amended application until after the required recommendation on the amended application by an applicable advisory body is received by the PDSD.
G.
1. Purpose
Certain types of applications listed in Section 3.3.3.A, Applicability (PDSD
Approval Procedure), may require the submission of a . This section sets forth the requirements of the PDSD approval procedure as they pertain to the processing of . These procedural requirements ensure that an applicant provides sufficient information to enable the to determine compliance with all applicable requirements and other applicable ordinances, standards, policies, and special conditions.
2. Applicability
A
is required for the following types of
:
a. All new non-residential
;
b. All residential
with three or more
on one
;
c. Existing
undergoing a
,
or additions, and/or a reconfiguration of an area outside a
;
d. Flexible Lot Developments not required to be processed in accordance with Article 8, Land Division,
, and
Standards; and,
e. A residential, commercial, or industrial use reviewed as a
, but no
permits may be issued until a
is approved for all or a portion of the subject
. Any other application type listed in Section 3.3.3.A, Applicability (PDSD
Approval Procedure), where a submittal is determined by the PDSD to be necessary for adequate review of the application.
3. Application Processing
are processed in accordance with the applicable requirements of Sections 3.3.3.B through F, PDSD
Approval Procedure.
4. Review
departments and applicable outside public agencies shall review an application and return comments on the application.
5. Approval
a. When a determination has been made that an application complies with all applicable regulations, the PDSD
shall send a written approval confirmation to the applicant and sign the
. An approved
indicates that all reviews have occurred and all conditions have been met.
b. In the case of a rezoning, a written confirmation is used to initiate the preparation of the rezoning ordinance for Mayor and Council consideration. The PDSD
shall sign the
once the rezoning ordinance is adopted and becomes effective.
c. An applicant has one year from the date of application to obtain approval of a
that complies with zoning and other
requirements in effect at the time of application, unless an ordinance adopted by Mayor and Council during this period states otherwise. A
application that has been in review for a period of one year and has not yet been approved is considered denied. To continue the review of a
for the property, a new
must be submitted that complies with regulations in effect at the time of re-submittal. The new submittal initiates a new one-year review period.
d. Approved
shall be filed with the official
records for the
and shall be the basis for the issuance of
permits.
6. Expiration of Approval
Expiration dates for
are listed below. For the purposes of this section, “construction or
permits” are those permits issued for the construction of the
, such as, but not limited to,
,
foundations,
, paving
, or similar types of
related to the construction and implementation of the
. Permits for: a) clearing, grubbing, and
of a
; b) construction of a section of
; c) installation of screening; d) paving of an access
but not the parking associated with the use; or e) any similar type of work are not considered “construction or
permits” for purposes of this section, unless specifically stated otherwise by this section or the process requiring the applicability of this section.
a.
Approval Period and Expiration
Except in the case of a
Plan, Section 3.12.2, an approved
remains valid for a period of three years from the date of approval, subject to the following.
(1) If, at the end of three years, a
permit has not been obtained, a new
application must be submitted that complies with the regulations in effect at the time of the re-submittal.
(2) If the
is being developed in phases and permits have not been issued for all phases within the three-year period, developers of subsequent phases have one additional year to obtain permits. If, at the end of the four-year period, permits have not been issued, review and approval of a revised
for the undeveloped portion(s), in compliance with all applicable requirements in effect at the time of re-submittal, are required prior to the issuance of
permits.
(3) If construction permits are issued within the required time period, but the construction of the
has not commenced and the permit and
approval periods expire, the approval of the
is considered expired. Review and approval of a revised
, in compliance with all applicable requirements in effect at the time of re-submittal, are required prior to the issuance of
permits.
(4) If construction permits are applied for but not issued within the time period required by this section, the time period is extended an additional three months to allow for completion of the review and for the issuance of permits.
(5) If the approval period has expired, the re-submittal to obtain approval of a new
initiates a new review period in accordance with Section 3.3.3.B through F.
7. Issuance of Permits
The following provisions apply to review and approval for the issuance of permits for
:
a. Approved
The approved
on file with the PDSD is the basis for issuance of
permits. If the
plans differ from the approved
on file with the PDSD, a revised
will be required prior to issuance of the
permits.
b. Minor Changes
The PDSD
may approve minor changes from the approved
or
without processing the plan through the entire review process. Determination as to whether the change is minor or major is made by the PDSD
on a case-by-case basis. Changes in
design include, but are not limited to, minor changes to
,
,
, parking, and traffic circulation.
c. Major Changes
Major changes from the approved
or
require review and approval by the PDSD
and affected review agencies. If the
or
is required as a special requirement imposed by the Mayor and Council as a condition of rezoning or special exception approval, a major change requires approval by the Mayor and Council prior to review of the revised plan.
d. Change From, or Expiration of, an Approved
Building permit applications must be accompanied by a copy of an amended
bearing the approval of the PDSD
for construction that is not consistent with the approved
or for which the initial approval has expired.
H. Zoning Compliance for Site
in Existence on May 1, 2005
This section encourages the re-use of and re-investment in older,
and
, and facilitates the issuance of a Certificate of Occupancy (C of O) or a Certificate of Zoning Compliance for a non-legally permitted use or
. The owner of property, at the time of a request for a certificate of occupancy or certificate of zoning compliance may concurrently request that
, including outdoor activity areas, in existence as of May 1, 2005 (“existing
”) be granted zoning compliance subject to the following.
1. This section only applies to developed property with nonresidential zoning that is not subject to any of the Overlay
in Sections 5.2 (Hillside Development ), 5.3 (Scenic Corridor ), 5.6 (
Environs ), 5.7 (Environmental Resource ), 5.8 (Historic Preservation
, 5.9 (Drachman School Overlay), 5.10 (Neighborhood Preservation ), 5.11 (Rio Nuevo District), or any change of zoning (rezoning), variance, or special exception approved subject to conditions, or the subject of an unabated zoning .
2. Existing
are determined by referring to May 2005 aerial photography administered by the Pima Association of Governments (PAG) and available on the PAG and PDSD websites.
3. Existing
are not subject to compliance with the following:
a. Access, Section 7.8;
b.
,
, and , Section 6.6;
c. Dimensional standards as provided in Tables 6.3-1 through 7 in Article 6;
d. Height, Section 6.4.4;
e.
and Screening, Section 7.6;
f. , Section 6.4.3;
g. Motor Vehicle and
Parking, Section 7.4;
h. Native Plant Preservation, Section 7.7;
i.
Loading, Section 7.5; and,
j. , Section 6.4.5.
4. Properties granted zoning compliance under the provisions of this section may be used for all principal permitted
based on the zoning of the
subject to the applicable general restrictions in each
, except for the following prohibited uses:
a.
Service uses unless continuously licensed through the Arizona Department of Liquor Licenses and Control from May 1, 2005, to the present, Section 11.3.4.B;
b. Billboard, Section 11.3.4.F;
c. Correctional Use, Section 11.3.3.C;
d.
Dwelling, Section 11.3.7.A;
e. Food Service uses unless continuously licensed through the Pima County Health Department from May 1, 2005, to the present, Section 11.3.4.N;
f. Group Dwelling, Section 11.3.7.B;
g. Mobile Home Dwelling, Section 11.3.7.C;
h. Residential Care Services, Section 11.3.7.D;
i. Restricted Adult Activities Use Group, Section 11.3.8;
j. In the C-2 and C-3 Districts, Medical Marijuana Designated Caregiver Cultivation Location, Medical Marijuana Dispensary, Medical Marijuana Dispensary Off-
Cultivation Location; and,
k. In the I-1 and I-2 Districts, Medical Marijuana Designated Caregiver Cultivation Location, Medical Marijuana Dispensary Off-
Cultivation Location.
5. Required drop-off areas must be provided.
6. Use of the property must be in compliance with all applicable use-specific standards in Section 4.9.
7. This section is applied to single or multiple
of land but may not be applied to partial
.
8. Changes to
striping, maintaining the same number of parking spaces, or increasing the number of parking spaces, are permitted in compliance with Section 7.4.6 (Motor Vehicle Use Area Design Criteria) so long as no existing elements such as loading or are deleted except as permitted under current standards.
9. The owner of the property shall:
a. Submit a sworn affidavit that the use of the property will be in compliance with the section; or,
b. Include the following in any lease/rental agreement for the property: “Tenant shall not cause or permit the Property to be used in any way which constitutes a
of any law, ordinance, or
regulation. Notwithstanding any contrary provision of this lease agreement, any occupancy or use of the premises in
of this paragraph constitutes a material breach of this lease agreement entitling Lessor to invoke all remedies provided hereunder including termination.”
10. A
inspection to verify that the use of the property is in compliance with this Section may be conducted at the discretion of the PDSD
.
11. Applications are reviewed in accordance with the PDSD
approval procedure, Section 3.3.3.
12. Zoning compliance granted pursuant to this section shall be valid only so long as the property and
thereon remain in the same condition as on the date the zoning compliance is granted. Any subsequent
or modification to the property or
will render zoning compliance under this section void and of no effect. Any modification or improvement not shown on May 2005 aerial photography administered by the Pima Association of Governments (PAG) will be considered a subsequent
of the property.
13. Requests for zoning compliance pursuant to this section must be submitted to the PDSD, and all applicable fees must be paid, prior to the expiration date of the ordinance adopting this Section 3.3.4.G, as provided herein.
(Ord. 11070, 5/14/2013; Am. Ord. 11201, 9/23/2014; Am. Ord. 11732, 2/19/2020; Am. Ord. 11922, 7/12/2022)
3.3.4. 100' NOTICE PROCEDURE
A. Purpose
Proposed
that involves minor modifications including increases to
, small deviations to design criteria, or minor construction subject to design review shall comply with the following general procedures. This procedure is intended to provide notice to parties who may be affected by the
.
B. Applicability
The 100' Notice Procedure applies to the following applications:
1. Approval of resident
uses in the Historic Preservation
;
2. Certain wireless facilities;
3. Design Development Options (DDO) in accordance with Section 3.11.1;
4. Parking Design Modification Requests to the required number of
and
;
5. PDSD
Special Exception applications;
6. Requests for demolition of contributing, non-historic
in Historic Preservation
;
7. Requests to increase the permitted number of
or decrease the setback for a
at a community
, an urban farm, or a residential property; and,
8. Other types of applications if the PDSD
makes one of the following findings:
a. There is a minor change in the
criteria that is requested;
b. There are few, if any, changes in the physical attributes of the property;
c. There is a potential for impact upon the neighborhood or the
properties;
d. Where there are commercial and office
, (1) through (3) above apply and there is a benefit to area properties from the proposed redevelopment of the property; or,
e. There is an administrative Special Exception Land Use designated in the
related to the proposed
.
C. Pre-Application Conference Recommended
A pre-application conference with
staff is recommended, but not required. See Section 3.2.1 for details on the pre-application conference.
D. Neighborhood Meeting Recommended
The applicant is recommended, but not required, to conduct a neighborhood meeting with surrounding property owners and
representatives.
E. Application and Notice of Application Required
Submittal of an application to the PDSD is required in order to process the request. See the Administrative Manual for application submittal requirements. Applications shall be reviewed for completeness in compliance with Section 3.2.3.A, Application Required. Following acceptance by the PDSD, notice of the application is required in accordance with Section 3.2.4.B, Mailed Notices.
F. Public Comment Period
For ten
following the date on which notice is provided, the public may submit comments on the proposal to the PDSD.
G. Review
Review is conducted by the PDSD staff and other agencies, committees or advisory boards as required by the
, and others as may be deemed appropriate by the PDSD
.
H. Decision and Notice of Decision
I. Appeals
A
may appeal the PDSD
’s decision to the Board of Adjustment (B/A). Appeals must be filed in accordance with Section 3.10.1 and .2. A notice of intent to appeal must be received by the PDSD within five
of the effective date of the decision. The complete appeal materials must be filed within 30
of the effective date of the decision.
J. Waiver of Comment, Notice of the Decision and Right to Appeal
The required time period for public comment, for notice of the decision, and for the filing of an appeal may be waived, if the applicant provides written documentation that all parties of record have waived one or more of these provisions.
(Am. Ord. 11328, 12/8/2015; Am. Ord. 11732, 2/19/2020)
3.3.5. 400' NOTICE PROCEDURE
A. Purpose
The purpose of this procedure is to require notice to parties who may be affected by the
.
B. Applicability
The 400' Notice Procedure applies to the following applications:
1.
plans for restaurants that are located within 300 feet of R-3 or
and that serve alcohol;
2.
within the Greater Infill Incentive Subdistrict of the Downtown Area Infill Incentive District requesting a Modification of Development Regulations; and,
3. Individual Parking Plans for
within 400 feet of R-3 or
or Historic Preservation Zones.
C. Pre-Application Conference Required
A pre-application conference with
staff is required in accordance with Section 3.2.1.
D. Neighborhood Meeting Required
The applicant is required to conduct a neighborhood meeting and shall provide notice of the neighborhood meeting in accordance with Section 3.2.2.C.
E. Application and Notice of Application Required
Submittal of an application to the PDSD is required in order to process the request. See the Administrative Manual for application submittal requirements. Applications are reviewed for completeness in compliance with Section 3.2.3.A. Following acceptance by the PDSD, notice of the application is required in accordance with Section 3.2.4.B.
F. Public Comment Period
For 20
following the date on which notice is mailed, the public may submit comments on the proposal to the PDSD.
G. Review
Review is conducted by the PDSD staff and other agencies, committees or advisory boards as required by the
, and others as may be deemed appropriate by the PDSD
.
H. Decision and Notice of Decision
The PDSD
shall approve or deny an application and send written notice of the decision in accordance with Section 3.2.4.B.
I. Appeals
1. The PDSD
’s decision may be appealed to the Mayor and Council on the grounds that the decision is not in
with the criteria established by the
;
3. The notice of intent to appeal must be filed with the City Clerk no later than 14
after the effective date of the decision;
4. The complete appeal materials must be filed with the City Clerk within 30
of the effective date of the decision; and,
5. A copy of the appeal is provided to the PDSD
at the time it is filed.
J.
Inspection
Prior to the issuance of an occupancy permit, the
shall be inspected by the PDSD for compliance with the plans approved for the issuance of
permits and any changes authorized by the PDSD
to those approved plans during construction.
(Am. Ord. 11201, 9/23/2014; Am. Ord. 11732, 2/19/2020; Am. Ord. 11922, 7/12/2022)
3.3.6. ZONING ADMINISTRATOR APPROVAL PROCEDURE
The following applications shall be processed in accordance with the Zoning Administrator approval procedure provided in Section 1.5.1 (Zoning Interpretations and Zoning Certifications):
A. Compliance with certification of existing premises;
B. Interpretations of the
;
C. Planned area
interpretation; and,
D.
conflicts.
3.3.7. HISTORIC PRESERVATION ZONE (HPZ) DESIGN REVIEW PROCEDURE
Applications for
within an HPZ are processed in accordance with Section 5.8.8, Design Review Required.
3.3.8. NEIGHBORHOOD PRESERVATION ZONE (NPZ) DESIGN REVIEW PROCEDURE
Applications for applicable
within an NPZ are processed in accordance with Section 5.10.3, NPZ Design Review Procedure.
3.3.9. [RESERVED]
(Rep. Ord. 11246, 2/18/2015)
3.4.1. GENERAL
Special Exception Land Uses are often desirable but may have detrimental effects on
properties or neighborhoods or on the surrounding community if not properly designed and controlled. Special Exception Land Uses are uses that are not allowed by right within a
but are permitted if approved through a particular review process. A special review of these
is necessary to ensure that avoidable problems or hazards are not created and that such uses are consistent with the intent of this section and the
under which they are permitted.
Depending on the proposed use, a Special Exception Land Use application is processed in accordance with the PDSD
, Zoning Examiner, or the Mayor and Council Special Exception Procedure.
3.4.2. PDSD DIRECTOR SPECIAL EXCEPTION PROCEDURE
A. Applicability
The PDSD
Special Exception Procedure applies to those uses identified in Section 4.8 (Use Tables) as requiring processing in accordance with the PDSD Special Exception Procedure.
B. Application
An application must be submitted to the PDSD to process the request. See the Administrative Manual for application submittal requirements. Applications shall be reviewed for completeness in compliance with Section 3.2.3.A.
C. Review and Decision
D. Appeals
A
may appeal the PDSD
’s decision to the Board of Adjustment (B/A). Appeals must be filed in accordance with Sections 3.10.1 and 3.10.2. A notice of intent to appeal must be received by the PDSD within five
of the effective date of the decision. The complete appeal materials must be filed within 30
of the effective date of the decision.
E.
Within the
Environs
(AEZ)
1. Special exception uses within the AEZ and
within the AEZ requesting to exceed the limits of the performance standards as set forth in Section 5.6.8.A, B, and C are processed in accordance with the PDSD
Special Exception Procedure; and,
2. These special exception applications shall be analyzed for:
a.
with Tucson
or DM base operations;
b. Proximity to the end of the runway;
c. Location in relationship to major flight tracks; and,
d. Compliance with the intent of the DM Joint
Study.
(Am. Ord. 11732, 2/19/2020)
3.4.3. ZONING EXAMINER SPECIAL EXCEPTION PROCEDURE
A. Applicability
The following uses are processed in accordance with the Zoning Examiner Special Exception Procedure:
1. Those uses identified in Section 4.8 (Use Table) as requiring processing in accordance with the Zoning Examiner special exception procedure;
2. Expansions of
; and,
3. Substitutions of
if the proposed use is not within the same
class as the existing use.
B. Pre-Application Conference Required
A pre-application conference with
staff is required in accordance with Section 3.2.1.
C. Neighborhood Meeting Required
The applicant is required to conduct a neighborhood meeting and provide notice of the meeting in accordance with Section 3.2.2.
D. Application and Notice (Mailed and Posted) Required
Submittal of an application to the PDSD is required in order to process the request. See the Administrative Manual for application submittal requirements. Applications shall be reviewed for completeness in compliance with Section 3.2.3.A and for compliance with the neighborhood meeting requirements of Section 3.2.2. Following acceptance by the PDSD, mailed and posted notice of the application is required in accordance with Section 3.2.4.
E. Review
Review is conducted by the PDSD staff and other agencies, committees or advisory boards as required by the
, and others as may be deemed appropriate by the PDSD
.
F. PDSD
Recommendation
The PDSD
shall prepare a recommendation and forward it to the applicant and the Zoning Examiner.
G. Zoning Examiner’s Public Hearing
A public hearing must be held before the Zoning Examiner within 70
of acceptance of the application. Public hearings are held in accordance with the following and the Zoning Examiner’s rules and procedures.
1. The Zoning Examiner shall administer oaths and may compel the attendance of witnesses and the production of relevant information, including witnesses requested by any
.
2. The Zoning Examiner may impose any reasonable limitations on the number of speakers heard and may establish the nature and length of testimony by speakers.
3. Comments may be given by any
, either verbally or in writing.
4. A record of the hearing must be made and retained as a public record.
5. The Zoning Examiner may close the public hearing, or continue the public hearing to a specified time, date, and place. A continuance may not be for more than 30
.
H. Zoning Examiner’s Decision
I. Appeal
The Zoning Examiner’s decision may be appealed to the Mayor and Council by any
in accordance with Section 3.9.2 by submitting a notice of intent to appeal to the City Clerk within 14
from the effective date of the decision with a copy delivered to the PDSD. The complete appeal materials must be filed with the City Clerk within 30
of the effective date of the decision.
J. Change in Condition of Approval
An applicant may request a change in a condition of approval of a Zoning Examiner Special Exception Land Use. The request must be submitted to the PDSD and reviewed by the PDSD staff for recommendation to the Zoning Examiner. The request is then considered at a public hearing in accordance with procedures in this Section 3.4.3.
(Am. Ord. 11127, 11/6/2013)
3.4.4. MAYOR AND COUNCIL SPECIAL EXCEPTION PROCEDURE
A. Applicability
The Mayor and Council Special Exception Procedure applies to those uses identified in Section 4.8 (Use Table) as requiring processing in accordance with the Mayor and Council Special Exception Procedure.
B. Application Processing
1. Mayor and Council special exceptions applications are processed in accordance with the Zoning Examiner special exception procedure, Sections 3.4.3.B - H, and the following.
2. The Zoning Examiner shall forward a recommendation with findings, and when applicable, conditions on the proposed use to the Mayor and Council for decision.
3. Any
may request that the application be heard at a public hearing before the Mayor and Council if the request is filed with the City Clerk within 14
after the date of the Zoning Examiner’s public hearing or reconsideration public hearing. Notice of the public hearing must be provided in the same manner as the notice provided for the Zoning Examiner’s public hearing.
4. The Mayor and Council shall make a decision to approve, approve with conditions as provided in Section 3.4.6 below, or deny the application.
(Am. Ord. 11127, 11/6/2013)
3.4.5. FINDINGS
A. Findings for all PDSD
and Zoning Examiner Special Exceptions
To grant a special exception the PDSD
and the Zoning Examiner must find that the requested special exception:
1. Meets the standard expressly applied by all adopted by all codes and regulations for that type of
or for the
class applicable to the proposed use;
2. Does not adversely affect
or the surrounding neighborhood or that such adverse effects can be substantially mitigated through the use of additional conditions as provided in Section 3.4.6;
3. Provides for adequate and efficient vehicular and pedestrian access and circulation and vehicular parking;
4. Can be adequately and efficiently served by public facilities and services, such as water, storm water drainage, fire and police protection, and solid and liquid waste disposal and/or collection as may be required by the various public and private agencies; and,
5. Complies with the
and any applicable sub-regional, area, or neighborhood plan.
3.4.6. CONDITIONS OF APPROVAL
A. Authority to Apply Conditions
In approving an application, the PDSD
, the Zoning Examiner, or the Mayor and Council may impose such reasonable and appropriate conditions and safeguards as are be necessary to ensure compliance with the criteria for approval. Conditions and safeguards may also be imposed to reduce or minimize any potentially injurious effects on
properties; the character of the neighborhood; or the health, safety, or general welfare of the community. Such conditions may include, but are not limited to:
1. Structural or vegetative screening greater than that required by the
and screening standards of the
to buffer the surrounding
from the proposed use;
2. Limitations on the height, size, or illumination of signs more restrictive than the applicable requirements of the Tucson Sign Code;
3. Limitations on the conduct of the proposed use, such as, but not limited to, hours of operation, or use of loudspeakers or external lighting, as necessary to protect
; and,
4. Dedication of necessary
for
, alleys, drainageways, and
.
3.5.1. GENERAL
Changes to zoning boundaries are considered in accordance with the Zoning Examiner Legislative Procedure as provided in the section. The procedure requires a public hearing conducted by the Zoning Examiner (ZE) and a final decision by the Mayor and Council.
3.5.2. TYPES OF REZONING ORDINANCES
All rezoning ordinances require compliance with one or more conditions of rezoning including substantial compliance with the preliminary
submitted in support of the rezoning application. The three types of rezoning ordinances, all considered final actions, are as follows.
A.
Permit
This is the standard type of rezoning ordinance. In addition to other conditions of rezoning, a
permit rezoning ordinance requires issuance of a
permit for construction of the principal (s) on the rezoning
to effectuate the rezoning. Permits issued for
, electrical,
, patio walls, fences, storage
, and other similar types of
will not effectuate the rezoning. The
permit must be secured within the time period allowed for the rezoning case. If all conditions of rezoning are met prior to expiration of the rezoning approval, the new zoning becomes effective, and the zoning map is changed to reflect the new zoning.
B.
1. This type of rezoning ordinance requires compliance with the conditions of rezoning, including the completion of the rezoning process through the recordation of a
. Where the
demonstrates compliance with the conditions and the
is approved and recorded within the time period allowed, the new zoning becomes effective, and the zoning base maps are changed to reflect the new zoning.
2. The use of this type of ordinance is generally limited to single-
residential
, where division of
is such that the property cannot be used for other purposes without replatting. Staff may recommend the use of this type of ordinance for other forms of
where, in staff’s opinion, the same intent can be accomplished. In such instances where there is a
approved for the
, and the
is a large multi-use
with phased construction, the
can be a
(or master)
, with each
encompassing each
area.
3. Under this option, a rezoning ordinance may be forwarded to the Mayor and Council based on an approved tentative
, provided it can be shown that all conditions of rezoning have been met, with the exception of the recordation of the
. The effectuation of the rezoning is subject to the recordation of the final
prior to the expiration of the time period applicable to the rezoning. Although an ordinance may be adopted based on the approved tentative
, no permits may be issued on the
until the
has been recorded and the new zoning has become effective.
C.
Inspection
This type of rezoning ordinance applies to those rezoning applications where the eventual
to the property do not require the issuance of a
permit or the recordation of a
. The rezoning ordinance requires conditions of rezoning, including the requirement that a
inspection be conducted to verify that the Mayor and Council conditions of rezoning have been met. The purpose of the
inspection is to verify that
have been installed on the rezoning
within the time period allowed, in accordance with an approved
. Once the
is inspected and compliance is confirmed, the new zoning becomes effective, and the zoning base maps are changed to reflect the new zoning.
3.5.3. ZONING EXAMINER LEGISLATIVE PROCEDURE
A. Applicability
The Zoning Examiner legislative process includes both Zoning Examiner review and Mayor and Council actions. The following applications are processed in accordance with the Zoning Examiner Legislative Procedure:
1. Original
zoning for newly annexed areas;
2. Amendments to the zoning of specific properties including changes in the zoning classifications (rezoning);
3. Rezonings to the Planned Area Development (PAD)
(see Section 3.5.5 for additional requirements);
4. Rezonings to the Planned Community District (PCD) (see Section 3.5.6 for additional requirements);
5. Rezoning of properties to establish an overlay
(e.g., Neighborhood Preservation
and Urban Overlay District); and,
6. Certain special exceptions.
B. Pre-Application Conference Required
1. A pre-application conference with
staff is required in accordance with Section 3.2.1.
2.
staff will also make a preliminary determination of whether the proposal complies with the goals and policies of the
and any applicable
, including Area and Neighborhood Plans. The applicant may request that the PDSD
provide the determination of plan compliance in writing prior to submittal of an application.
3. Review is on a conceptual basis, therefore, comments made at a pre-application conference are advisory and do not constitute approval or denial of the
.
C. Neighborhood Meeting Required
1. The applicant shall offer to meet at a specified time and place to discuss the proposed
in compliance with Section 3.2.2. For rezonings initiated by the Mayor and Council, a neighborhood meeting may be conducted as part of a broader public outreach process facilitated by the PDSD and other departments as needed.
2. For Concurrent
and Rezoning Applications, a representative of PDSD staff shall attend the Neighborhood Meeting to provide an overview of the Concurrent
and Rezoning process and the area and/or neighborhood plans affected.
3. Exception. For the designation or amendment to a Historic Preservation
, the offer to meet shall be made no more than one year before the Zoning Examiner public hearing;
D. Application Requirements
1. General
See the Administrative Manual for application submittal requirements. Applications are reviewed for completeness in compliance with Section 3.2.3.A.
2. Initiation
A rezoning may be initiated by the property owner or the owner’s agent upon submittal of a written application to amend the zoning on the property. A rezoning may also be initiated by a majority vote of the Mayor and Council.
3.
Determination
Rezoning applications must be in
with adopted plan policies before a rezoning application may be accepted for processing. A determination of plan compliance shall be made in one of the following three ways.
Rezoning applications must be in
with adopted plan policies before a rezoning application may be accepted for processing; except for Concurrent and Rezoning Applications, as provided in Section 3.5.3.D.3.d below. A determination of plan compliance shall be made in one of the following three ways.
a. Plan Compliance Determination
(1) Prior to submittal of a rezoning application, the PDSD
will provide the applicant with a preliminary determination of plan compliance at the pre-application conference.
(2) Prior to submittal of a rezoning application, the applicant may request in writing that the PDSD
provide a written determination of plan compliance.
b. Determination by the PDSD after Application for Rezoning
Upon submittal of an application for rezoning, the PDSD
shall provide a written determination of
plan compliance to the applicant. If the proposal is found to comply with the applicable plans, the rezoning application is formally accepted. If the
determines a
is necessary, no further formal processing of the application may occur until the applicant requests a
in accordance with Section 3.6,
Plan Adoption and Amendment Procedures. A written notice of decision shall be provided if it is determined that a is required.
c. Appeal of
Determination
The PDSD
’s decision that a
is required may be appealed to the Mayor and Council. The appeal must be submitted in writing to the PDSD within ten
of the effective date of the PDSD
’s decision. Appeals shall be processed in accordance with Section 3.9.2, Mayor and Council Appeal Procedure. An appeal stays all processing until the appeal is heard and decided.
d. Applicant's Option for Concurrent Plan Amendment and Rezoning Applications
In any instance where the PDSD
determines that a
is necessary for a rezoning application to proceed, the applicant may elect to proceed with concurrent applications for a
and rezoning. An applicant who elects to proceed with concurrent
and rezoning applications shall submit documentation to PDSD of the intent to utilize this option prior to the required combined Neighborhood Meeting, and is responsible for all fees associated with each process, and the applications are subject to all of the requirements of each process, unless stated otherwise. An applicant who elects to proceed with concurrent applications is deemed to acknowledge that the rezoning application cannot be approved unless the
application is approved; and that approval of the
application does not guarantee approval of the rezoning application, which is a separate legislative decision.
4. Staff will determine whether a zoning application is administratively complete within 30 days after receiving an application.
a. If the application is not administratively complete, staff will provide notice to the applicant, either in writing or electronically, including a comprehensive list of the specific deficiencies.
b. An application will not be deemed administratively complete until all requested information has been received by the City.
c. Staff will determine if a re-submitted application is complete within 15 days of resubmittal. The City will follow the procedures prescribed in A.R.S. 9-835(E), until the incomplete application is deemed administratively complete. An application will be considered withdrawn, if by 15 days after the date of the notice of deficiencies in subsection a. above or any subsequent notice of deficiencies, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the 15 days.
d. The above requirements do not apply to land that is designated as a Historic Landmark, Historic Preservation Zone, an area that is designated as historic on the National Register of Historic Places, or Planned Area Developments.
E. Notice of Application
Notice is required as follows:
1. Mailed Notice
a. Notice must be sent to those individuals and
in accordance with Section 3.2.4.B.6. Notice shall also be sent to all parties of record on a previous hearing on the same application.
b. See Section 3.2.4.B.3 for the mailed notice’s content requirements.
2. Posted Notice
F. Review
Review is conducted by the PDSD staff and other agencies, committees or advisory boards as required by the
and as may be deemed appropriate by the PDSD
.
G. Changes to the Rezoning Application
If the applicant proposes changes to the rezoning application, including any supporting materials, after the application has been accepted for processing, the PDSD
shall determine whether or not the proposed changes are significant enough to require additional staff or agency review.
1. If the changes require additional review, the changes may be accepted only if the revised application is submitted prior to the legal advertisement and public notification of the public hearing and the changes are accompanied by the applicant’s written consent to begin anew the process from the date of submittal of the revised application.
2. Upon submitting a significant change to the rezoning application, the applicant shall also submit a signed letter waiving the 70-day public hearing requirement to allow for proper staff evaluation of the new information.
3. Once the public hearing has been advertised, any request to delay the public hearing or to change the application must be submitted to the Zoning Examiner for determination. If the public hearing is delayed, the applicant shall remit to the
an additional rezoning public notice label fee to provide mailed notice to neighbors of canceled public hearing and the rescheduled public hearing date), and an additional public hearing legal advertisement fee. If the rescheduled public hearing date cannot be determined when the notice of cancellation is mailed to neighbors, a second public hearing notice label fee must be paid by the applicant to provide the required notice to the neighboring property owners.
H. Planning and Development Services Department (PDSD) Recommendation
After
departments and public service agencies have reviewed and provided comment on the application, a staff report is prepared by the PDSD. The report is distributed to the Zoning Examiner and the principals named in the application. Owners of property located within 400 feet of the rezoning
are notified of the public hearing and provided a web link to the staff report and other materials associated with the case. The staff report and the notice of public hearing are made available to the public at least 15
prior to the public hearing.
I. Public Hearing
1. Applications reviewed under this procedure are considered by the Zoning Examiner at a public hearing(s) for recommendation to the Mayor and Council.
2. Original
Zoning
Upon the effective date of annexation of property into the
, the
may adopt original
zoning or may continue the existing
zoning for a period not to exceed six months. The original
zoning shall only be initiated by the Mayor and Council. Notice of initiation must be provided in
with A.R.S. § 9-462.04.A and the notice requirements of Section 3.2.4. A case that establishes original
zoning may be initiated any time after the filing of a blank petition for annexation of the subject property with the office of the Pima County Recorder in accordance with
law.
3. Zoning Examiner Public Hearing
The Zoning Examiner shall hold a public hearing on behalf of the Mayor and Council on applications for a change of zoning and on applications for Mayor and Council Special Exception Land Uses in accordance with the Zoning Examiner's Rules and Procedures and as provided below. The public hearing procedures set forth in this section is used for both types of applications. The public hearing must be held within 70
of acceptance of the application, except for applications for original
zoning. For Concurrent
and Rezoning applications the public hearing must be held within 180 days of acceptance of the application.
a. Conduct of the Public Hearing
(1) The Zoning Examiner is empowered to obtain information from all parties and interested
, including public agencies, prior to the public hearing, provided all requests for information are in writing and the request and information are included as part of the public record. The Zoning Examiner also has the authority, after the close of the public hearing, to obtain additional information or clarification of information that has been presented. Any such request shall be in writing and the request and response shall be included as part of the record or report to the Mayor and Council. The Zoning Examiner may close the public hearing, or may continue the hearing to a specified date, time and place. However, a continuance may not be for more than 30
.
(2) Except as permitted in subsection (1) above, the Zoning Examiner shall not communicate, directly or indirectly, with any
, any
’s representative or any interested
in connection with any issue involved with a particular request, except upon notice and opportunity for all parties to participate, or, use, or rely upon any communication, report, staff memorandum, or other material prepared in connection with the particular case, unless it is made part of the record. Any and all written information received by the Zoning Examiner in the case must be made a part of the record. The Zoning Examiner may inspect the
provided all parties are given an opportunity to be present.
b. Zoning Examiner’s Preliminary Recommendation
The Zoning Examiner shall issue a report with preliminary findings and a preliminary recommendation within five
after the close of a hearing. The preliminary recommendation is provided to the applicant, the PDSD
and to any
who has requested a copy of the preliminary recommendation.
c. Reconsideration
Any
may request that the preliminary recommendation be reconsidered or that the public hearing be reopened if there are errors of fact or procedure. The request shall
the alleged errors of fact or procedure and must be submitted to the Zoning Examiner within five
after the date of the preliminary recommendation. The Zoning Examiner must take action on the request within five
following the receipt of a request for reconsideration. Action on the request includes revising the preliminary recommendation, reopening the public hearing, or denying the request.
d. Final Recommendation
Within 14
(or 19 days if a reconsideration of the preliminary recommendation is requested in accordance with Section 3.5.3.J.3.c) following the close of the public hearing or the re-opened public hearing, the Zoning Examiner shall issue and transmit a final recommendation to the Mayor and Council for final action. If the Zoning Examiner determines that minor corrections to the preliminary recommendation are appropriate in response to a request for reconsideration, such corrections may be incorporated into the final recommendation without further proceedings. No further requests for reconsideration are permitted. If the Zoning Examiner determines that a significant change to the preliminary recommendation is appropriate, the public hearing must be reopened with notice provided to all
who received the previous preliminary recommendation.
e. Reopening of the Public Hearing
If the public hearing is reopened, the new hearing must be held within 40
of the close of the last public hearing. Notice of the reopened hearing is the same as the notice for the original public hearing. If the public hearing is reopened at the request of a
, or to consider new information from a
, the Zoning Examiner may require that the
pay the costs for the re-opened public hearing. At the conclusion of the reopened hearing, the issuance of a preliminary recommendation, the time period for reconsideration, the issuance of a final recommendation and the time periods for each shall be the same as for the original hearing.
f. Mayor and Council Public Hearing Request
Any
may request that the application be heard at a public hearing before the Mayor and Council if the request is filed with the City Clerk within 14
after the date of the Zoning Examiner’s public hearing or reconsideration public hearing. The Mayor and Council may also decide to conduct a public hearing without a specific request. If a public hearing is requested, notice must be provided in the same manner as the notice provided for the Zoning Examiner’s public hearing.
J. Mayor and Council Action
1. Mayor and Council Public Hearing Request
Any
may request that the application be heard at a public hearing before the Mayor and Council if the request is filed with the City Clerk within 14
after the date of the Zoning Examiner’s public hearing or reconsideration public hearing. The Mayor and Council may also decide to conduct a public hearing. If a public hearing is requested, notice must be provided in the same manner as the notice provided for the Zoning Examiner’s public hearing.
2. Authorization for Change of Zoning (Rezoning)
Where a change in zoning is requested based upon a preliminary
, the Mayor and Council may make a preliminary determination to authorize the applicant to proceed with the case.
a. Authorization for the Application to Proceed
A vote by the Mayor and Council to authorize a change of zoning case constitutes authorization for the applicant to proceed, subject to the applicant’s subsequent demonstration of compliance with any special conditions that may have been established by the Mayor and Council. Unless the Mayor and Council state a shorter time period, the applicant must complete all conditions of approval within five years from the date the request is authorized.
b. Discretion of the Mayor and Council
An authorization for a change of zoning is preliminary and does not in any way limit the legislative discretion of the Mayor and Council to determine whether or not to adopt a change of zoning ordinance or to add conditions thereto at the time an ordinance is presented for adoption. Authorization does not establish any vested right to the authorized zoning prior to ordinance adoption.
3. Direct Ordinance Adoption
Where a change of zoning application includes a
or a proposed
that provides sufficient specific details to demonstrate compliance with all conditions that may be required by the Mayor and Council and is in compliance with this Section, the application may proceed from staff review to Mayor and Council ordinance adoption without a separate Mayor and Council authorization to proceed with the application.
a. Mayor and Council Actions
The Mayor and Council shall consider the change of zoning application, the Zoning Examiner’s recommendation, and the City Manager’s recommendation in a public meeting or a public hearing. The Mayor and Council may authorize the case to proceed; may modify, delete or add to the proposed conditions for approval; may remand the case to the Zoning Examiner for further proceedings; may adopt an ordinance changing the zoning, deny the application; or may take other appropriate action.
b. Davis Monthan AEZ Comments
If Davis Monthan Air Force Base submits comments to the
on any application concerning the
of the proposed rezoning with the high-noise, accident potential
, or
that may have an adverse impact on the operation of the base or upon public health and safety, a public hearing shall be held to consider these and other comments per requirements of the A.R.S.
4. Mayor and Council Adoption of the Change of Zoning
a. If an application substantially demonstrates compliance with the conditions for a change of zoning, staff shall prepare an ordinance to be submitted to the Mayor and Council for adoption enacting the change in zoning.
b. For a
that is to be completed in phases, the Mayor and Council may adopt a separate ordinance for each phase of the
, but only if each phase submitted for approval can meet all required conditions and codes without reliance on future phases.
5. Voting Requirements for Adoption of Ordinance
Ordinance adoption of a change of zoning is granted by a simple majority vote of the governing body unless the requirements of A.R.S. 9-462.04(H) are met. If the requirements of A.R.S. 9-462.04(H) are met, then a three-fourths vote of the governing body is required for adoption of the ordinance.
a. The entire area of the
or
within the subject
; or,
b. Property in any one of the following quadrants: north, south, east, west, that is located within 150 feet of the rezoning
, excluding public
the subject
.
c. Mayor and Council Action Timeline
(1) The Mayor and Council shall approve or deny the application within 180 days of the determination that the application is administratively complete.
(2) For extenuating circumstances, the PDSD Director may grant a onetime extension of not more than 30 days.
(3) If an applicant requests an extension, the PDSD Director may grant extensions of 30 days for each extension granted.
(4) The requirements of subsections (1), (2) and (3) above do not apply to land that is designated as a Historic Landmark, Historic Preservation Zone, an area that is designated as historic on the National Register of Historic Places, or Planned Area Developments.
6. Ordinance Effective Date
Ordinances granting changes in zoning are, by
statute, subject to referendum and shall not become effective until 30
after the date of adoption or the date the final ordinance is available from the City Clerk, whichever is later. The effective date of the ordinance is not necessarily the effective date of the change of the zoning (rezoning). The effective date of the change of zoning is when compliance with conditions of approval is completed and certified by the PDSD
. No permits or
approvals may be granted that are in furtherance of the rezoning request until the 30
have lapsed and the conditions of rezoning have been met.
7. Reconsideration
A member of the Mayor and Council may request the reconsideration of an authorization decision or decision on a proposed ordinance provided the vote to reconsider is made within 30
of the date of decision. A hearing for reconsideration will be scheduled upon a majority vote in favor of the reconsideration. If the reconsideration occurs after the meeting when the decision is initially made, then public notice of the reconsideration must be given in the same manner as for the initial decision.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11729, 2/19/2020; Am. Ord. 11732, 2/19/2020; Am. Ord. 12131, 10/22/2024)
3.5.4. CHANGE IN CONDITIONS OF APPROVAL AND COMPLETION OF CONDITIONS
An applicant may request a change to conditions of approval. The PDSD
shall make a determination as to whether a proposed change to the conditions of rezoning, to the preliminary
, or to the approved
is major, minor, or administrative. A request to change conditions of approval is considered as follows:
A. Types of Changes
The three types of changes are as follows:
1. Major Change
a.
or increase in non-residential
condition
This change involves, 1) if the number of residences increases by 10% or greater; or in any case increases by 50 or more units; or 2) if the non-residential
increases by 10% or greater;
b. Design condition
This change involves a quantified physical dimension established in a condition to adapt to specific
characteristics or mitigate
impacts on the
and surrounding
. Examples of such dimensions include
, heights, landscape buffers, natural areas, or areas to be disturbed, when these are illustrated on the preliminary
or stated in a condition;
c. Use condition
This change involves an illustration on the preliminary
or a change stated in a condition that only a specific set of uses are permitted on the
; or,
d. A change in a preliminary
when the
area is substantially reconfigured such that traffic generated by the new layout will increase 10% or greater over the previous layout’s proposed traffic generation.
2. Minor Change
A change in the rezoning conditions or preliminary
that is not a major change or an administrative change.
3. Administrative Change
A change in a feature of a preliminary
for an approved rezoning when the result is still in substantive compliance with the approved rezoning. Administrative changes are approved by the PDSD
. The
shall make a finding that the change will not create a
on
or cause a safety hazard.
B. Procedures for Changes
1. Minor Amendment to a Preliminary
A request for a minor amendment to a preliminary
that was approved by the Mayor and Council is considered a change to conditions of approval that may be granted by the PDSD
.
2. Major Amendment to Conditions or the Preliminary
a. A request for a major amendment to the conditions of approval or the approved preliminary
is subject to either the Zoning Examiner Legislative Procedure, per UDC Section 3.5.3, or Mayor and Council approval at a public hearing.
b. A neighborhood meeting is required per the requirements of Section 3.2.2.
c. After the required neighborhood meeting the PDSD
will determine which process the request will follow. The PDSD Director's determination is not subject to appeal.
1. The request shall follow the Zoning Examiner Legislative Procedure if the PDSD Director determines, after the neighborhood meeting, that the application presents issues that would be appropriate for review and recommendation from the Zoning Examiner prior to Mayor and Council consideration.
2. The request is subject only to Mayor and Council approval at a public hearing if the PDSD
determines that no review by the Zoning Examiner is needed to inform the Mayor and Council's consideration of the application. The Mayor and Council may proceed to make that decision after a Public Hearing; and also have the option to remand the application to the Zoning Examiner for the Zoning Examiner's review and recommendation.
d. The same voting requirements as for the original adoption shall apply to the request for a substantial change of conditions.
3. Minor Changes to Conditions
Minor amendments to conditions of approval must be considered by the Mayor and Council in a public meeting.
C. Time Period for Completion of Conditions
1. The Mayor and Council, when authorizing a rezoning request, shall establish a time period to meet all conditions of rezoning. The time period shall begin the day after the date of authorization.
2. The required length of the time period to complete conditions of rezoning may range from one day to five years. By Mayor and Council policy, the staff recommendation for rezoning requests that involve a zoning
is a one-year period. For rezoning requests that do not involve a zoning
, a five-year period is recommended.
D. Extension of Time
1. When a rezoning request has been authorized or an ordinance adopted and the specified time period within which to complete all conditions of rezoning has lapsed, the case file shall be closed. A closed case may be reactivated only by the Mayor and Council after a public hearing on the reactivation of the case.
2. A time extension may be requested before the time period for completion of the ordinance conditions expires. The request must be filed prior to the expiration date so Mayor and Council can take action on the request prior to the expiration of rezoning.
3. The filing of a time extension request initiates a staff review to determine whether the request should be approved or denied, and whether conditions should be revised to reflect new conditions, or practice. New conditions may be added as part of the staff review. At the end of the staff review period, a communication to Mayor and Council is drafted and forwarded to the City Clerk for City Manager review and Mayor and Council consideration.
4. The Mayor and Council shall consider the time extension request after a public hearing, in the circumstance where the time extension request does not extend the expiration period beyond five years from the most recent public hearing on the case. However, no time extension may be granted beyond ten years from the original date of approval.
5. Where an ordinance has been adopted, the last public hearing before the ten-year limitation shall provide for the repeal of the adopted ordinance if the conditions are not completed prior to the expiration of the ten-year period.
E. Completion and Certification
A case is deemed complete and final when the conditions of approval are verified as complete by the PDSD
. The conditions may include, but are not limited to the issuance of a
permit, the recording of legal documents, such as a
, or issuance of a zoning compliance certificate upon a
inspection. When completion of the conditions has been verified, the PDSD
shall certify completion of the conditions and the zoning on the property shall be changed in accordance with the adopted ordinance.
F. Time Limitations on Re-filing
1. Mayor and Council policy and the rules and procedures of the Zoning Examiner require that a new request for rezoning on property previously denied rezoning by the Mayor and Council may not be accepted for a period of one year from the date of denial, except:
a. When the new case does not involve a request for a
that was denied or recommended as a substitute
and rejected by the original applicant;
b. When a substantial change in the use of
property has occurred since the previous case was heard that could not have been anticipated; or,
c. When there has been a change in ownership and a substantially modified
is presented.
2. Mayor and Council policy recognizes the Pima County Board of Supervisors’ one-year policy with respect to rezoning applications that have been denied, where these properties are later annexed into the
. The one-year waiting period begins on the day after the date the Board of Supervisors denied the application.
(Am. Ord. 11996, 3/21/2023)
3.5.5. PLANNED AREA DEVELOPMENT (PAD) ZONE
A. General
1. The purpose of the Planned Area Development (PAD)
is to enable and encourage comprehensively planned
in accordance with adopted plans and policies.
2. The PAD is a zoning classification which provides for the establishment of
with distinct standards.
B. Distinct Land Use Regulations Permitted
1. A PAD may have land use regulations different from the zoning regulations in the
, any other PAD
, or other
.
2. When a provision in a PAD varies from the
, the provisions in the PAD shall govern.
C. Application Processing and PAD Establishment
1. Each PAD must be in compliance with the
and applicable sub-regional and neighborhood plans.
2. A PAD is processed and established in accordance with Section 3.5.3, Zoning Examiner Legislative Procedure, and the following additional requirement.
3. Within 30
after the PDSD Department recommends approval, the PAD rezoning request is scheduled for a public hearing before the Zoning Examiner.
D. Established Districts
1. PADs are identified on the
by the letters “PAD” followed by a number, such as “PAD-1,” signifying the set of standards adopted and applicable to that planned area
.
2. The PDSD is responsible for maintaining the list of established PADs.
E. Initiation of a PAD District.
A PAD District is initiated by filing an application with the Planning and Development Services Department. The application may be filed by the owners of the subject property, an agent for the property owners, or the Mayor and Council. The application will be accepted for processing only if the following requirements are met:
1. The site is under single ownership or control except when initiated by the Mayor and Council;
2. The PAD District shall be configured to accommodate a well-integrated project. A PAD District may include existing rights-of-way provided the district is planned and developed on a unified basis.
F. PAD Implementation
PADs are implemented in accordance with the procedures in this Section 3.5.5. PADs may establish additional implementation procedures, provided such methods are not in conflict with required procedures and are fully described by the PAD document.
G.
Review
No
may occur within a PAD until a
for the
is approved by the
in accordance with Section 3.3.3, PDSD
Approval Procedure.
H. Enforcement
Standards adopted for each PAD are enforced in the same manner as the enforcement of any zoning
as provided in Section 10.2.
I. Interpretation
The Zoning Administrator shall interpret a PAD in accordance with Section 1.5.1, Zoning Determinations and Zoning Certifications by the Zoning Administrator. Interpretations of zoning provisions may be applied to similar PAD provisions.
J. Amendment to an Adopted PAD
1. PAD amendments must be in substantial
with the objectives of the PAD. Changes to conditions and terms of a PAD that affect the overall
, intensity, and classifications of
must be processed as a new change of zoning. Changes to other conditions of a PAD must comply with the procedures for changes of conditions in this section.
2. Amendment Application
a. An amendment to a PAD may be initiated by the property owner, the owner’s agent, or the Mayor and Council upon submittal of a written application to amend one or more of the PAD standards.
b. The application must be accompanied by a statement documenting the need for the amendment.
c. The PDSD
shall determine if the amendment would result in a major change in the PAD. A major change is one which:
(1) Allows uses not otherwise permitted in the PAD or a section of the PAD;
(2) Varies or changes a PAD policy;
(3) Increases the number of proposed residences per
by more than 10% or exceeds the maximum number of
permitted within the adopted PAD;
(4) Changes designated buffers or perimeter
, as delineated in the PAD, which was established to adapt the PAD to specific
characteristics or mitigate
impacts on the
and surrounding area;
(5) Varies the
,
, or
by more than 10% of that delineated in the adopted PAD;
(6) As a consequence of more than one non-substantial change submitted concurrently, cumulatively results in a significant change in the objectives or goals of the PAD; or,
(7) Results in a significant change in pedestrian or traffic circulation within the PAD or in the surrounding area.
d. Major changes to a PAD are processed in accordance with Sections 3.5.3, Zoning Examiner Legislative Procedure. A major change may require, as determined by the PDSD , submittal of amended items, such as a analysis.
e. The PDSD
may approve changes determined to be minor or administrative.
f. When requested in writing by the applicant, the PDSD
may authorize a delay in the PAD amendment process.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11386, 7/6/2016; Am. Ord. 11508, 12/5/2017; Am. Ord. 11803, 12/8/2020)
3.5.6. PLANNED COMMUNITY DEVELOPMENT (PCD) ZONE
A. Purpose
1. Accommodate large-scaled, unified planned
that conform to the best practices, policies and programs within the
’s
, applicable
, and other sustainability and conservation programs;
2. Provide an alternative
and
process to accommodate large master-planned
that allow
flexibility not otherwise attainable under conventional
and allow for adjustments to changing community and market conditions;
3. Provide a framework to promote sustainable
patterns and mobility options while being responsive and sensitive to the natural features and topography of the desert environment;
4. Provide within such
a variety of housing, including affordable housing, and combination of
with sound
planning principles and
techniques; and,
5. Promote the timely planning, funding and
of public facilities designed to serve the projected population.
B. General Provisions
1.
with the
a. Each PCD must be in compliance with the
and applicable
.
b.
A PCD is permitted only in areas where there is an existing
. In areas where there is no existing
, an applicant may submit an application for a PCD so long as an application for a
, consistent with the application for the PCD, has already been submitted pursuant to Section 3.6. The application for the PCD will be processed concurrently with the application for the
, but the PCD may not be adopted until after the adoption of a
.
2. Ownership of the PCD
Upon application for and approval of the PCD, the
of the PCD, with the exception of public
, must be under single ownership or control of a single entity with legal authority to conduct the application process on behalf of all the landowners.
3. Minimum PCD Area
a. A PCD must be the minimum size as required in the applicable
,
, or a minimum of 500
, whichever is greater.
b. Public
located within the interior of a PCD may be included in calculating the minimum 500
.
c. A PCD may include areas that contain existing
.
d. The Mayor and Council may authorize the initiation of a PCD less than the size required by this section if the size of the proposed PCD is consistent with the intent of the applicable
or
.
4.
The
will be amended, as needed, to add, delete, or modify a
within a PCD concurrently through the approval process for the PCD.
C. Identification of the PCD
1. PCDs are identified on the
by the letters “PCD” followed by a number and the name of the
, such as “PCD-1, XYZ Planned Community Development (PCD) District,” signifying the set of standards adopted and applicable to that
. PDSD shall administratively update the list upon the adoption of each new PCD.
2. Within a PCD,
must be divided into
areas (DA). DAs shall establish the permitted
and intensity of
within the PCD. Permitted
in a DA are those that are identified in the implementation plan.
3. Within a DA, one or more
may be established and contain one or more
listed in the Project Development Standards and Design Guidelines.
D.
Standards
A PCD provides for the establishment of
areas (DAs) and
with distinct standards within the boundary of the PCD as adopted by the Mayor and Council.
1. A PCD may incorporate
classifications and standards from the
or other
ordinances and standards with modifications as necessary to provide for a master planned community. The standards must be consistent with policies in the
and applicable
.
2. A PCD may include standards that are different from the standards in the
that apply in, but are not limited to permitted, special exception, secondary and accessory
;
;
and
; cluster
;
and perimeter
; parking and loading;
and other
standards. The PCD may not change or alter the provisions for impact fees in Article III, Impact Fees of the Development Compliance Code, Chapter 23A of the Tucson Code.
3. Where a provision in a PCD varies from the
standard, the provisions in the PCD shall govern. Where standards in a PCD are silent or do not address an issue, the applicable codes and ordinances shall govern. Amendments to the
enacted subsequent to the adoption of the PCD shall apply to the PCD. If an amendment adopted subsequent to the PCD conflicts with an express provision of the PCD, the PCD shall govern unless the adopting ordinance expressly states that the amendment supersedes the PCD provision.
E. Review and Establishment Procedure
A PCD shall be established in accordance with Section 3.5.3, Zoning Examiner Legislative Procedure. Notice must be sent in accordance with the requirements of Table 3.2-1
, except that notice must be sent to all property owners within 2,640 feet (one-half mile) from the boundaries of the proposed PCD and to all within two miles of the boundary.
F. Amendment Procedures
The
of Planning and Development Services Department (PDSD) shall determine if the proposed amendment constitutes an administrative, minor, or major amendment according to the criteria set forth in this section. The
shall evaluate a proposed change for its compliance with the intent of the approved PCD and any impact that may cause a public health or safety risk. These amendment procedures do not preempt an applicant’s ability to apply for other modification procedures available within the
. The following procedures shall be followed for an amendment to the PCD.
1. Administrative Amendment
An administrative amendment is one that does not create a substantial change to the Master
(MSP), an overall
(DA), or the overall PCD. The PDSD
shall determine if the potential impacts to the PCD are a substantial or insubstantial change after review of the requested changes. Insubstantial changes are administratively decided by the PDSD
.
a. Process
An administrative amendment requires no public hearing unless one is required as part of the PCD adoption. Administrative amendments include the following:
(1) The categories of changes listed in subsection b.;
(2) Other changes specifically identified as administrative amendments in the PCD approved by the Mayor and Council; and,
(3) Categories of changes deemed by the PDSD
to be comparable to those identified in (1) or (2) or otherwise to have no negative potential impacts on the PCD.
b. Administrative Amendment Categories
The following changes and comparable changes are presumed to be administrative unless they significantly affect the PCD or property owners other than the
.
(1) Changes that enhance or refine the original vision and/or purpose and intent statements expressed in the original PCD application. The applicant shall present information regarding the size and extent of the
activity that supports the change;
(2) Changes that continue to support
or applicable
policies affecting the diversity of housing type and
. The applicant shall present information showing how the proposal strengthens the creation of a sense of place in the neighborhoods and communities. Administrative amendments may be based upon new market design requirements or technological advances in architecture and
engineering design and construction;
(3) A transfer of commercial square footage or number of dwellings from one
to another that stays within the maximum and minimum ranges established by the PCD or the DA;
(4) A transfer involving a change in total number of dwellings or gross leasable
among DAs or
where the transfer amount stays within the minimum and maximum ranges established by the PCD;
(5) Changes in configurations of individual DA boundaries to include modifications of boundaries, division of larger
, or combinations of
, that do not result in any loss in
or change the overall permitted
and
and intensity of
of DAs within the PCD;
(6) Changes in
, preservation of environmentally sensitive lands, or
that are necessitated by the need to accommodate final engineered
as approved by the
, within the minimum and maximum range of
and intensity of
and there is no reduction in
areas as established in the
;
(7) Adjustments or modifications to the number and order of phasing as long as the related
is precedent to or concurrent with the
the
is to serve;
(8) Change of number, location or designated for schools, parks, or other public, government, or quasi-
facilities which either enhance the opportunity to create a sense of neighborhood and community, to better centralize such based on actual
densities and with the approval of the
unit that owns or will own the facility;
(9) Modifications in the design and construction of proposed
based upon technological advances when such modifications are accepted by the controlling
and/or Pima County agencies (including but not limited to transportation, water and wastewater, and flood control).
capacity shall be adequate to provide service for the planned densities and intensities of use and phasing;
(10) Minor modifications or adjustments to
, encroachments, proposed easements, proposed right-of-ways or
, so long as the modifications fall within the general overall range and target densities and intensities for the PCD or DA;
(11) Changes in
that do not increase the cost or reduce the benefit to the public;
(12) Interpretation by the PDSD
of terms and provisions of the PCD and MSP that may result in insubstantial changes to the PCD;
(13) Placement and/or construction of identity or character features such as community art, entry monuments, mailboxes and neighborhood signage in compliance with the PCD standards unless there is a safety concern; and,
(14) Other insubstantial changes deemed to be administrative amendments by the PDSD
, as long as the amendments do not negatively impact the general health, safety, and welfare of the residents of the
and do not modify the overall intent of the approved PCD, including the compliance with the
and
policies for this area.
2. Minor Amendment
A minor amendment is one that does not substantially change the MSP, DAs, or the overall PCD. A minor amendment includes changes that have greater potential impacts on the intensity of
mix of the PCD than the categories of changes that qualify as administrative changes for the adopted PCD.
a. Procedure
A minor amendment requires a public hearing review and decided in accordance with Section 3.5.3, Zoning Examiner Special Exception Procedure. Minor amendments include (i) the categories of changes listed in Subsection b, (ii) changes specifically identified as minor amendments in the PCD approved by the Mayor and Council, and (iii) categories of changes deemed by the PDSD not to change substantially the overall PCD but that have potential impacts on the intensity of mix of the PCD than the categories of changes that qualify as administrative changes.
b. Minor Amendment Categories
The following changes and comparable changes are presumed to be minor unless they significantly affect the PCD or property owners other than the
.
(1) A change of up to 10% in the number of units or gross leasable
in the DA or
that is an increase or decrease in the overall PCD’s minimum or maximum ranges.
(2) Multiple proposed administrative amendments or any single proposed administrative amendment that is viewed by the PDSD in relation to a series of past administrative amendments may be determined by the PDSD
to be a minor amendment pursuant to this section if they have the cumulative effect of contradicting the policies, spirit, and intent of the underlying
documents.
(3) Other changes deemed to be minor amendments by the PDSD
that do not qualify as administrative or major amendments within this section or within the subject PCD.
3. Major Amendment
A major amendment is one that substantially changes the MSP, a DA, or the overall PCD or substantially changes the application of the PCD to a limited area.
a. Process
A major amendment is processed pursuant to the Zoning Examiner Legislative Procedure, Section 3.5.3. Major amendments include (i) those categories of changes listed in Subsection b, (ii) other changes specifically identified as major amendments in the PCD approved by the Mayor and Council, and (iii) those categories of changes that do not qualify as administrative or minor amendments for the adopted PCD and that are deemed by the PDSD
to change substantially the overall PCD or the application of the PCD to a limited area.
b. Major Amendment Categories
The following changes and relative changes are major amendments:
(1) A reduction in
other than as defined as an administrative amendment in Section 3.5.6.F.;
(2) Changes in configurations of individual DA boundaries to include modifications of boundaries, division of larger
, or combinations of
that result in a net loss in
or a change to the minimum and maximum number of DAs proposed within the PCD;
(3) Change that would allow uses not otherwise permitted in the PCD,
, or DA;
(4) A change of greater than 10% in the number of dwellings or gross leasable
in a DA or
that is an increase or decrease in the overall PCD’s minimum or maximum ranges;
(5) A change that alters a design element and substantially reduces the
of the intensity of
to an existing residential
outside of the PCD; and,
(6) A change that locates a more intense
or increases the residential
to an existing residential
outside of the PCD or a change
to existing residential
in the PCD where the intensity of
exceeds 10% in the number of units or gross leasable
in the DA or
.
G. Annual Report
At the request of the PDSD
, the PCD property owner shall submit an annual progress report. The report shall begin to be submitted to PDSD once the issuance of
permits within the subject PCD commences. The report may include the following elements as requested by PDSD: phasing and completion update report on horizontal
, public facilities,
dedication, number of housing units and nonresidential square footage, installation of trails, parks, and any other
activity requested by the department. The report shall be submitted by February 15 of the following year.
3.6.1. PURPOSE
This section establishes a public process
Plan adoption and amendment.
3.6.2. APPLICABILITY
The following applications are processed in accordance with the requirements of this section:
A. Re-adoption of or amendment to the
;
B. Adoption of or amendment to
, such as, but not limited to sub-regional, area, and neighborhood plans;
C. Adoption of or amendment to the
; and,
D. Adoption of or amendment to redevelopment plans.
3.6.3. INITIATION
A.
The re-adoption of the
may only be initiated by the Mayor and Council. Amendments to the adopted
may be initiated by the Mayor and Council or privately initiated by the owner of the property for which the amendment is sought. Notice of initiation must be provided in
with A.R.S. §9-461.06.
B. Redevelopment Plans
Prior to initiating the creation of a redevelopment plan, the Mayor and Council must approve a resolution declaring that the subject area is subject to redevelopment in accordance with A.R.S. §36-1479. Amendments to an adopted redevelopment plan may be initiated by the Mayor and Council or privately initiated by the owner of the property for which a
is sought.
C. Specific and
The creation of a
shall only be initiated by the Mayor and Council. Amendments to a
or the
may be initiated by the Mayor and Council or privately initiated by the owner of property for which an amendment is sought.
3.6.4. PRE-APPLICATION CONFERENCE REQUIRED
For
specific, privately initiated
, a pre-application conference with
staff is required to review requirements for the proposal in accordance with Section 3.2.1 and other applicable policies and regulations.
3.6.5. PUBLIC OUTREACH AND NEIGHBORHOOD MEETINGS
A. Re-Adoption of the
Public outreach for the re-adoption of the
shall be conducted in accordance with
statute and adopted
policies.
B.
2. For Concurrent
and Rezoning Applications, a representative of PDSD staff shall attend the Neighborhood Meeting to provide an overview of the Concurrent
and Rezoning process and the area and/or neighborhood plans affected.
3. Exception: A neighborhood meeting is not required for
-initiated amendments to the
.
(Am. Ord. 11729, 2/19/2020)
3.6.6. APPLICATION
A. Applicants of privately-initiated
requests are required to submit an application to the PDSD. See the Administrative Manual for the
application submittal requirements. Applications are reviewed for completeness in accordance with Section 3.2.3.A.
B. Applications must be in
with the
, applicable
, the
, other pertinent codes and regulations.
C. Applications for an amendment to a
within two years of the date of adoption of the
may not be processed unless the Mayor and Council consent to the application.
3.6.7. STAFF REVIEW AND RECOMMENDATION
staff shall review each application to determine, to the extent applicable, compliance with the
,
, the
, and any other code or regulation that may pertain to the application. When appropriate,
staff may request comments from other agencies, committees or advisory boards. Staff shall prepare and submit a report and recommendation to the Planning Commission and shall make copies available to the public prior to the public hearing.
3.6.8. PLANNING COMMISSION PUBLIC HEARING REQUIRED
A. Study Session
The Planning Commission may conduct a study session to determine the merits of a proposed amendment. The Planning Commission may remand an amendment to the PDSD for further development or set it for public hearing.
B. Public Hearing
At least one public hearing before the Planning Commission on the request is required. Exception: For the re-adoption of or a major amendment to the
, at least two Planning Commission public hearings, each at a different location in the
are required. Additional consultation and public notice in accordance with A.R.S. §9-461.06 are required.
C. Mailed and Published Notice
For
-
specific
, mailed notice must be mailed to all property owners within 400 feet of the subject property. Mailed and published notice of the public hearing(s) is required in accordance with Sections 3.2.4.B and E, respectively.
(Am. Ord. 11732, 2/19/2020)
3.6.9. PLANNING COMMISSION RECOMMENDATION AND RECONSIDERATION
A. General
1. Except for redevelopment plans, the Planning Commission may close a public hearing or may decide to continue a public hearing to a future time and place provided the hearing is closed and a recommendation, including a statement of the reasons for the recommendation, is issued within 180
of the date of the initial hearing. The PDSD shall transmit to the Mayor and Council the application, Planning Commission’s recommendation and findings or other action of the Planning Commission, and the City Manager’s recommendation.
2. If the Planning Commission fails to issue a recommendation within the prescribed time, the application will be forwarded to the Mayor and Council for a decision together with a statement of the reasons for the positions taken by members of the Planning Commission.
B. Redevelopment Plans
For redevelopment plans, the Planning Commission reviews the plan for compliance with the
and any applicable
at a public meeting or a public hearing. The Planning Commission shall forward a recommendation to Mayor and Council within 30
from the date of its receipt of the plans for review. If no recommendation is forwarded within 30
, the Mayor and Council may proceed with the public hearing on the redevelopment plan.
C. Reconsideration
The Planning Commission may, by majority vote of all members, choose to reconsider a decision made on a
, provided the vote to reconsider is made within 30
of the date of the original decision. Reconsideration may not take place earlier than 14
from the date of the original decision, unless reconsideration occurs at the same meeting as the original decision. If the reconsideration occurs at a different meeting, all
noticed for the public hearing before the Planning Commission must be notified prior to the reconsideration. This notification shall include the time, date, and location of the reconsideration. If the Planning Commission’s decision is not reconsidered within the specified time period and the decision was to deny, the case shall be closed administratively. If, after reconsideration, the decision is to reaffirm a denial, the case shall be closed administratively immediately after the reconsideration.
3.6.10. MAYOR AND COUNCIL’S PUBLIC HEARING AND DECISION
A. Public Hearing
1. The Mayor and Council shall hold a public hearing prior to making a decision. The notice for the public hearing before the Mayor and Council shall be the same as the notice before the Planning Commission except for redevelopment plans.
2. For redevelopment plans, notice must be published once each week for two consecutive weeks, the last publication to be at least ten
before the date set for the hearing.
B. Decision
1. The Mayor and Council may adopt, deny, continue the item, or remand the item to the Planning Commission. The Mayor and Council shall consider the application, the Planning Commission’s recommendation and the City Manager’s recommendation, and public comments when making their decision.
2. Adoption and re-adoption of an amendment to the
shall be in
with A.R.S. §9-461.06(G) and (K) and other applicable provisions.
C. Reconsideration by Mayor and Council
The Mayor or a member of the Council may request the reconsideration of an authorization decision or a decision on a proposed ordinance provided the vote to reconsider is made at the original hearing or within 30
of the date of the decision. A consideration shall be scheduled upon a majority vote in favor of the reconsideration. If the reconsideration occurs after the time when the decision is initially made, then public notice of the reconsideration must be given in the same manner as for the initial decision.
3.6.11. RE-APPLICATION
New
applications may not be accepted for any property that had a previous application acted upon by the Mayor and Council within one year of the date of that action, except as follows:
A. The application does not involve a request for a plan designation that was denied;
B. There has been substantial change in the use of the property
to the
since the previous case was heard; or,
C. There has been an ownership change on the
and a substantially modified
concept is presented.
3.7.1. PURPOSE
This section establishes a public process for amending the
.
3.7.2. APPLICABILITY
The procedure provided in this Section 3.7 applies to text amendments to the
, including text amendments to create or amend the regulations of an overlay
affecting a specific area, but whose provisions are located within the
.
The establishment, amendment, or dissolution of overlay
involving a rezoning of specific properties, as is the case with the Neighborhood Preservation
and the Historic Preservation
, is processed in accordance with Section 3.5.3, Zoning Examiner Legislative Procedure. (Refer to Article 5: Overlay
to determine which overlay must be established, amended and dissolved in accordance with the Zoning Examiner legislative process.)
3.7.3. INITIATION
Text amendments may only be initiated by the Mayor and Council. The Mayor and Council may initiate a text amendment on their own initiative or at the request of the Planning Commission,
staff, or a private individual who has submitted evidence that a public benefit would result from such an amendment. The PDSD is responsible for the development and coordination of a text amendment.
3.7.4. DEVELOPMENT OF A TEXT AMENDMENT
A. Department Responsible
The PDSD is responsible for the development and coordination of a text amendment. Staff shall submit a report and recommendation to the Planning Commission and make copies available to the public prior to the public hearing.
B. Public Outreach and Neighborhood Meeting Required
1. Text Amendments Creating or Enabling an Overlay
A neighborhood meeting in accordance with Section 3.2.2 is required for text amendments to the
that propose creating or enabling an overlay
to apply to specific properties.
2. Text Amendments with Citywide Application
The PDSD staff shall seek input on a proposed text amendment to the
from the public. The manner and extent to which public input is conducted shall be determined by the PDSD
on a per text amendment basis.
C. Application
text amendments do not require submittal of an application.
D. Staff Review and Recommendation
staff shall review each proposed amendment to determine, to the extent applicable, compliance with the
,
, the
, and any other code or regulation that may pertain to the application. When appropriate,
staff may request comments from other agencies, committees or advisory boards. Staff shall prepare and submit a report and recommendation to the Planning Commission and shall make copies available to the public prior to the public hearing.
text amendments are not required to submit an application.
3.7.5. PLANNING COMMISSION PUBLIC HEARING REQUIRED
A. Study Session
The Planning Commission may conduct a study session to determine the merits of a proposed amendment. The Planning Commission may remand an amendment to the PDSD for further development or set it for public hearing.
B. Public Hearing and Public Notice (Mailed and Published) Required
At least one public hearing with the Planning Commission on the request is required. Mailed and published notice of the public hearing(s) is required in accordance with Sections 3.2.4.B and E, respectively.
3.7.6. PLANNING COMMISSION RECOMMENDATION AND RECONSIDERATION
A. General
1. The Planning Commission may close a public hearing or may decide to continue a public hearing to a future time and place provided the hearing is closed and a recommendation, including a statement of the reasons for the recommendation, is issued within 180
of the date of the initial hearing. The PDSD shall transmit to the Mayor and Council the application, Planning Commission’s recommendation and findings or other action of the Planning Commission, and the City Manager’s recommendation.
2. If the Planning Commission fails to issue a recommendation within the prescribed time, the application, will be forwarded to the Mayor and Council for a decision, together with a statement of the reasons for the positions taken by members of the Planning Commission.
B. Reconsideration
By majority vote of all the members, the Planning Commission may choose to reconsider a decision made on a
text amendment application, provided the vote to reconsider is made within 30
of the date of the original decision. Reconsideration may not take place earlier than 14
from the date of the original decision, unless reconsideration occurs at the same meeting as the original decision. If the reconsideration occurs at a different meeting, all
noticed for the public hearing before the Planning Commission must be notified prior to the reconsideration. This notification shall include the time, date, and location of the reconsideration. If the Planning Commission’s decision is not reconsidered within the specified time period and the decision was to deny, the case shall be closed administratively. If, after reconsideration, the decision is to reaffirm a denial, the case shall be closed administratively immediately after the reconsideration.
3.7.7. MAYOR AND COUNCIL’S PUBLIC HEARING AND DECISION
A. Public Hearing
The Mayor and Council shall hold a public hearing prior to making a decision. The notice for the public hearing before the Mayor and Council shall be the same as the notice before the Planning Commission.
B. Decision
The Mayor and Council may adopt, deny, continue the item, or remand the item to the Planning Commission. The Mayor and Council shall consider the application, the Planning Commission’s recommendation and the City Manager’s recommendation, and public comments when making their decision.
C. Reconsideration by Mayor and Council
The Mayor or a member of the Council may request the reconsideration of an authorization decision or decision on a proposed ordinance provided the vote to reconsider is made at the original hearing or within 30
of the date of the decision. A consideration shall be scheduled upon a majority vote in favor of the reconsideration. If the reconsideration occurs after the time when the decision is initially made, then public notice of the reconsideration shall be given in the same manner as for the initial decision.
3.9.1. DESIGN REVIEW BOARD (DRB) APPEAL PROCEDURE
A. Applicability
Appeals to the DRB may be made by and
from the following decisions by the PDSD
:
1. Neighborhood Preservation
(NPZ) design review applications. An appeal under this section must be based upon an error in the
’s decision finding compliance or noncompliance with the neighborhood specific design manual and
review standards; and,
2. Architectural Variation and Privacy
Plans associated with a Flexible Lot Development.
B. Appeal to the Design Review Board (DRB)
1. Filing an Appeal
A notice of intent to appeal must be filed with the PDSD within 14
of the effective date of the PDSD
’s decision. The complete appeal materials must be filed with the PDSD within 30
of the effective date of the decision. An appeal will be scheduled for consideration by the DRB at the next regular meeting that is at least 30
following the filing of the appeal. PDSD may, for good cause, grant one extension to the second regular meeting after the filing of the appeal. The filing of an appeal stays the issuance of permits and approvals and all formal
action on the
proposal subject to the appeal.
2. Limitation on Contact With The Design Review Board
Except for duly noticed
inspection, study and public hearing, no
shall contact or discuss the merits of any appeal with any members of the DRB between the filing of the appeal and the final determination by the DRB.
3. PDSD
’s Report
The PDSD
shall forward the appeal to the DRB any additional materials provided by the appellant, any materials provided by any other
, and the
’s report and recommendation.
4. Public Hearing and Public Notice Required
a. The DRB shall conduct a public hearing on the appeal. The DRB may hold a prior study session but the application for appeal must be scheduled for public hearing within 30
of acceptance. Mailed notice of the appeal is required in accordance with Section 3.2.4.B, and must be sent not less than 15
and not more than 30
prior to the hearing. The public hearing on the appeal is conducted in accordance with the rules and regulations of the DRB.
b. The DRB may continue the public hearing for up to 45
. The public hearing shall not be continued for more than 45
without the consent of the applicant, regardless of who is the appellant.
5. Decision
a. The DRB shall reach a decision following the close of the public hearing.
b. The DRB may affirm, reverse or modify the decision subject to appeal and may impose conditions necessary and appropriate to implement the
and other pertinent regulations. The decision by the DRB shall be announced and is final at the time the decision is made following the public hearing.
c. The DRB in formulating its preliminary findings and recommendations shall apply the same standards applied by the
.
d. Written confirmation of the decision shall be provided within three
of the date of decision to all parties of record.
6. Reconsideration
The appellant, the applicant, or the PDSD
may request reconsideration of a decision on an appeal provided the request is filed with the PDSD
within 14
of the effective date of the decision is announced. A request for reconsideration may be made only where there is an error in fact or law in the decision, or where a
has new evidence that was not available at the time of the public hearing. The request shall be scheduled for the next regular meeting of the DRB.
7. Issuance of Permits and Approvals
No permits or
approvals based on the decision shall be issued, no inspections performed or other formal action taken, while the appeal is pending before the DRB or before the expiration of the period for reconsideration where no request is filed. If a request for reconsideration is filed, no permits or
approvals based on the decision shall be issued, or other formal action taken until completion of action on the request for reconsideration is announced by the DRB.
3.9.2. MAYOR AND COUNCIL APPEAL PROCEDURE
A. Applicability
Appeals to the following decisions are processed in accordance with the Mayor and Council Appeal procedure:
1. Decision by the Zoning Examiner on a Special Exception Land Use;
2. Decisions on the 400' Notice Procedures; and,
3. Other matters as designated in the
.
B. Filing of an Appeal
Appeals must be filed with the City Clerk’s office with a copy to the PDSD within the time provided by the procedure from which the decision is appealed. The filing of an appeal stays the issuance of any permits or
approvals based on the decision and all formal
action on the
proposal subject to the appeal.
C. Limitation on Contact with the Mayor and Council
No
shall contact or discuss the merits of any appeal with the members of the Mayor and Council between the filing of the appeal and the final determination by the Mayor and Council.
D. City Manager’s Communication
The PDSD
shall forward to the Mayor and Council the appeal, any additional materials provided by the appellant, the recommendations of the applicable advisory body(ies), any materials provided by any other
and the City Manager’s report and recommendation.
E. Public Hearing and Public Notice Required
1. The Mayor and Council may hold a study session and shall hold a public hearing on the appeal in accordance with the rules and standards of the Mayor and Council. The Mayor and Council shall reach a decision following the close of the public hearing. The Mayor and Council may continue the public hearing for up to 45
. The public hearing shall not be continued for more than 45
without the consent of the property owner of the subject
.
2. Public notice of the public hearing shall be provided not less than 15
and not more than 30
prior to the hearing. Public notice shall be to the applicant, the same parties notified of the initial application and those who provided oral or written comments in the course of the prior procedure. Notice shall be provided in the same manner as for the procedure from which the appeal is filed.
F. Mayor and Council Decision
1. The Mayor and Council shall decide the appeal based upon the application, testimony, evidence and other materials considered in the prior proceeding, the City Manager’s communication and the testimony and evidence presented in the public hearing. Mayor and Council shall consider the provisions, purpose and intent of the plans and standards that apply to the appeal.
2. The Mayor and Council may affirm, reverse or modify the decision that is appealed and may establish such conditions as are appropriate to implement the
and other pertinent standards.
3. The decision by the Mayor and Council shall be announced and is considered a final action for the purposes of the
.
G. Issuance of Permits and Approvals
No permits or
approvals based on the decision shall be issued or other formal action taken, while the appeal is pending before the Mayor and Council or before the expiration of the period for reconsideration where no request is filed. If a request for reconsideration is filed, no permits or
approvals based on the decision shall be issued, or other formal action taken until completion of action on the request for reconsideration is announced by the Mayor and Council.
(Am. Ord. 11732, 2/19/2020)
3.9.3. TAKINGS AND EXACTIONS APPEAL PROCEDURE
Appeals to final discretionary decisions that require a dedication or an exaction as a condition for granting a
approval and appeals to the adoption or amendment of a zoning regulation on the grounds that the regulation creates an unconstitutional “taking” of private property in
of the Fifth Amendment to the United States Constitution (a “takings appeal”) shall be processed in accordance with this section.
A. Decisions Subject to Appeal
1. A takings appeal may be filed by a property owner as follows:
a. Where the property owner has a legally recognized property interest in the property that is subject to the
decision;
b. Where a final discretionary administrative decision has been made by the PDSD
, Zoning Examiner, or the Mayor and Council to require the dedication of property or the payment of a monetary exaction as a condition for the approval of the
application in a manner that is alleged to constitute a taking of property; or,
c. A zoning regulation has been adopted or amended and is alleged to constitute a taking of property.
2. A takings appeal may not be filed by a property owner regarding the application of fees, assessments, taxes, or any other dedication or exaction required by a legislative act that does not give discretion to the administrative agency or official to determine the nature or extent of the requirement.
B. Filing of Appeal
An appeal must be in writing and filed with or mailed to the Zoning Examiner within 30
after the final action is taken. Final action on a zoning regulation is the effective date of the regulation. No fee is charged for an appeal under this section.
C. Public Hearing
1. Public notice shall be mailed to the appellant and to the parties entitled to notice of the administrative decision at least ten
before the appeal is heard.
2. The Zoning Examiner shall schedule a public hearing on the appeal to be held no later than 30
after receipt of the appeal.
D. Statement of
Authority
In all proceedings under this section, the
shall provide the Zoning Examiner with a statement of the
’s authority to require the dedication or exaction or to adopt or amend the zoning regulation. The
has the burden to establish in its statement of authority the nexus between the dedication or exaction and a legitimate
interest, and that the proposed dedication, exaction or zoning regulation is roughly proportional to the impact of the proposed use, improvement or
or, in the case of a zoning regulation, that the zoning regulation does not create a taking of property in
of the Fifth Amendment to the United States Constitution.
E. Zoning Examiner’s Decision
The Zoning Examiner shall decide the appeal within five
after the appeal is heard. If the
has met its burden set forth in subsection D above, the appeal shall be denied. If the
has failed to meet its burden as set forth in subsection D above, the Zoning Examiner shall:
1. In the case of a dedication or exaction, modify or delete the requirement appealed under this section; or,
2. In the case of a zoning regulation, transmit a recommendation for further action to the Mayor and Council.
F. Appeal of Zoning Examiner’s Decision
At anytime within 30
after the Zoning Examiner renders a decision an individual may file a complaint for trial de novo in the superior court, pursuant to A.R.S. §9-500.12.G.
3.10.1. GENERAL BOARD OF ADJUSTMENT PROCEDURES
A. Applicability
The procedures in this Section 3.10.1, apply to both Board of Adjustment hearing on appeals and requests for variances. Appeals and applications for variances are filed with the PDSD.
B.
of Planning and Development Services Department (PDSD) Recommendation
The PDSD
prepares a recommendation and forwards it, together with any additional materials provided by the applicant or any other
to the applicant and the B/A not less than five
prior to the scheduled public hearing. The recommendation shall be in the form of a written report that includes the request and present plans, policies, standards, and other information relating to the request. The recommendation shall include a recommended action by the B/A or a statement that the PDSD has no objection to the request. The PDSD
shall also solicit a recommendation from the Design Review Board or the Stormwater Technical Advisory Committee (STAC) if a recommendation from either of these bodies is required by Section 3.10.2.A or Section 3.10.3.G.2.
C. Notice
Notice of public hearings is required in accordance with Section 3.2.4.
D. Limitation on Contact with the Board of Adjustment
Except for a duly noticed
inspection, study, and public hearing, no
shall contact or discuss the merits of any case with the members of the B/A between the filing of the appeal or variance and the final determination by the B/A.
E. Board of Adjustment Public Hearing
The B/A may hold a study session and shall hold a public hearing on an application in accordance with the rules and standards of the Board of Adjustment and the requirements listed below.
1. Except as permitted in the public hearing and the procedures for submission of written materials, no
shall communicate with a member of the B/A regarding a matter to be decided by the Board any time prior to the expiration of the time for reconsideration of a decision.
2. The chair of the B/A or
presiding may administer oaths and may compel the attendance of witnesses and the production of relevant information, including witnesses requested by any
.
3. The chair or
presiding may impose any reasonable limitations on the number of speakers heard and may establish the nature and length of testimony by speakers.
4. Comments may be given by any
, either verbally or in writing.
5. Following the close of the hearing and prior to making a decision or recommendation, the B/A may discuss the matter and further question staff or any
submitting comment.
6. A record of the hearing must be made and retained as a public record.
F. Decision
Following the public hearing, the decision by the B/A is announced and is final at the time the decision is made.
G. Reconsideration
The B/A may consider one request for reconsideration by the applicant or a
, if:
1. A written request is filed with the Zoning Administrator within 14 calendar
after the Board has rendered its decision; and,
2. A request for reconsideration may be made only where there is an error in fact or law in the decision or where a
has new evidence or material that was not available at the time of the public hearing. The request shall be scheduled for the next regular meeting of the Board of Adjustment.
H. Issuance of Permits and Approvals
No permits or
approvals based on the decision shall be issued, no inspections shall be performed, nor other formal action shall be taken while the case is pending before the B/A or before the expiration of the period for reconsideration if no request is filed. If a request for reconsideration is filed, no permits or
approvals based on the decision shall be issued, or other formal action taken until completion of action on the request for reconsideration is announced by the Board of Adjustment.
3.10.2. APPEALS
A. Decisions Subject to B/A Appeal
Appeals to the following decisions are processed in accordance with the B/A appeal procedure:
1. Decisions by the Zoning Administrator, including interpretations of the
, notices of
of the
, and determinations of
of conditional uses consistent with Section 10.3.3;
2. Decisions by the PDSD
on applications processed in accordance with the 100' Notice Procedure, Section 3.3.4;
3. Decisions by the PDSD
on a Special Exception
;
4. Review decisions where the PDSD
has challenged the historic designation of a proposed for demolition;
5. Decisions of the Design Review Board (DRB) pertaining to applications in Neighborhood Preservation
as permitted in Section 5.10.3.I;
6. Decisions by the PDSD
on Design Development Option applications;
7. Decisions by the PDSD
on Minor and Major Project Design Review applications in the Rio Nuevo District; and,
8. Other determinations in accordance with the
.
B. Filing of an Appeal
Appeals must be filed with the Zoning Administrator within 14
of the effective date of the decision, or within the time provided by the individual procedure from which the decision is appealed. An appeal shall be scheduled for consideration by the B/A at the next regular meeting that is at least 35
following the filing of the appeal. The Zoning Administrator may, for good cause, grant one extension to the second regular meeting after the filing of the appeal. The filing of an appeal stays the issuance of permits and approvals and all formal
action on the
proposal subject to the appeal.
C. Public Hearing and Public Notice Required
A public hearing with the B/A is required. The B/A may continue the public hearing for up to 45
. The public hearing shall not be continued for more than 45
without the consent of the applicant, regardless of who is the appellant. Public notice of the public hearing is required in accordance with Table 3.2-1 and Sections 3.2.4.A-G.
D. Decision
The B/A may affirm, reverse, or modify the decision being appealed, and may impose conditions necessary and appropriate to implement the
and other pertinent standards.
E. Reconsideration
The appellant, the applicant, the Zoning Administrator, or in the case of a decision relating to NPZ design review, the PDSD
, may request reconsideration of a decision on an appeal as provided in Section 3.10.1.G.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11732, 2/19/2020)
3.10.3. VARIANCES
A. Applicability
The following applications are processed in accordance with the B/A Variance procedure:
1. Variances from the requirements of the
; and,
2. Requests for major Modifications of Development Regulations (MDR) in the Rio Nuevo District (see Section 5.11.9 for the minor and major MDR criteria).
B. Pre-Application Conference Required
A pre-application conference with
staff is required in accordance with Section 3.2.1.
C. Neighborhood Meeting Required
The applicant is required to conduct a neighborhood meeting and provide notice of the meeting in accordance with Section 3.2.2.
D. Application
Submittal of an application to the PDSD is required in order to process the request. See the Administrative Manual for the application submittal requirements. Applications shall be reviewed for completeness in compliance with Section 3.2.3.A.
E. Notice of Application
The PDSD
shall mail and post notice of the application in accordance with Section 3.2.4.B & F.
F. Public Comment Period
For 20
following the date on which notice is mailed, the public may submit comments on the proposal to the PDSD.
G. Review
1. Review is conducted by the PDSD staff and other agencies, committees or advisory boards as required by the
, and others as may be deemed appropriate by the PDSD
.
2. Variance requests from the Environmental Resource
standards require review by the Design Review Board and the Stormwater Technical Advisory Committee as provided in Section 5.7.7. Variance requests from Scenic Corridor
, the Gateway Corridor
, the
and screening regulations, and the native plant protection standards require DRB review as provided in Sections 5.3.14, 5.5.6, 7.6.9.D, and 7.7.6.B respectively.
H. Public Hearing and Public Notice Required
A public hearing with the B/A on the request is required. Mailed notice of the public hearing is required in accordance with Section 3.2.4.B. The notice of the public hearing may be consolidated with the notice of the application submittal.
I. Advisory Board Review
Variance requests from the Environmental Resource
standards require review by the Design Review Board and the Stormwater Technical Advisory Committee as provided in Section 5.7.7. Variance requests from the Scenic Corridor
, the Gateway Corridor
, the
and screening regulations, and the native plant preservation standards require DRB review as provided in Sections 5.3.14, 5.5.6, 7.6.9.D, and 7.7.6.B, respectively.
J. Board of Adjustment Decision
The B/A may close the public hearing or continue it to a specific date, time, and place provided the continuance is not for more than 120
. The B/A shall issue a decision in accordance with the findings required for approval of the application at the conclusion of the public hearing.
K. Findings for Approval
The B/A may approve a variance only if it finds:
1. That, because there are special circumstances applicable to the property, strict enforcement of the
will deprive such property of privileges enjoyed by other property of the same classification in the same
;
2. That such special circumstances were not self-imposed or created by the owner or one in possession of the property;
3. That the variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and
in which such property is located;
4. That, because of special circumstances applicable to the property, including its size, shape, topography, location, and surroundings, the property cannot reasonably be developed in conformity with the provisions of the
;
5. That the granting of the variance shall not be detrimental to the public welfare or injurious to other property or
in the neighborhood in which the property is located;
6. That the proposed variance shall not impair an adequate supply of light and air to
property, substantially increase congestion, or substantially diminish or impair property values within the neighborhood; and,
7. That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the
provisions that are in question.
L. Variance Powers Not Granted to Board of Adjustment
The B/A may not:
1. Make any changes in the uses permitted in any zoning classification;
2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner;
3. Grant a variance to any administrative requirement of the
or to any requirement which is not a specific
regulation or use-specific standards required of a
;
4. Grant a variance to the use-specific standards required of Educational Uses as provided in Section 4.9.3.E.; or,
5. Delete or vary any use-specific standards applicable to a Special Exception Land Use as required by the
, unless specifically allowed by the
, or as established as a condition by the decision-making body in granting the use.
M. Notice of Decision Required
Notice of the decision shall be mailed within three
of the decision to the applicant and
who received notice of acceptance of application.
N. Reconsideration
The B/A may consider one request for reconsideration by the applicant or a
, in accordance with Section 3.10.1.G.
O. Change of Condition
After a variance has been granted by the B/A, the property owner/applicant may request a change to a condition for approval imposed by the B/A based upon changed circumstances that affect the condition. The request shall be heard by the B/A. The B/A shall initially determine whether the request is for a minor change of condition that does not materially alter the variance and does not materially affect any other properties. If the B/A determines that the request is for a minor change of condition, it may decide whether to approve or deny the change. If the B/A determines that the request is not a minor change of condition and there are reasonable grounds for the request, the case shall be scheduled for a public hearing and notice provided in accordance with Section 3.2.4.
P. Expiration of Approval
Any variance granted through this process or on appeal is null and void if
permits are not issued or compliance with conditions of approval does not occur within 180
from the date of approval. A shorter time period for compliance may be required as a condition of approval. Two extensions of up to 180
each may be granted by the PDSD
for good cause. A
that has been recorded in compliance with the variance is exempt from the expiration period in this section.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013)
3.11.1. DESIGN DEVELOPMENT OPTION (DDO)
A. Purpose
This section is established to provide an administrative process by which specific
and dimensional standards of the
may be modified under certain criteria applicable to a
within a
. A Design Development Option (DDO) is intended to encourage the following:
1. Flexible design solutions that are within the intent of the regulation, encourage efficient use of land, do not create a
on
property, and address situations where strict application of a requirement may not be practical;
2. Energy conservation through
and
design;
3. Innovation in
planning and architectural design; and,
4. Enhancement of community aesthetics.
B. Applicability
The following dimensional, screening, and
standards may be considered for modification under this Section:
1.
;
2.
of accessory walls and fences when the wall and fence heights do not exceed two feet above the maximum height permitted;
3.
and screening standards when the modification does not decrease the required area in square footage of
or
of a screening feature; and,
4. Structural
and parking space length requirements for
only in single-
and duplex
.
C. PDSD Review and Decision
2. For
and screening modification requests as provided in Section 3.11.1.B.3 above, the Design Review Board shall review the request and make a recommendation prior to a decision by the PDSD
.
3. Only one application is required when more than one DDO is being requested and may be processed concurrently in accordance with the most restrictive applicable procedure. For example, applications requesting a modification to the
and
standards shall go to the Design Review Board for a recommendation prior to a decision by the PDSD
.
D. Findings for Approval
1. General Findings for All Modification Requests
For all modification requests, the PDSD
may approve a DDO request only if the request meets all of the following findings:
a. Is not a request previously denied as a variance;
b. Does not modify a conditional requirement or finding to determine whether the use should be allowed in the
;
c. Is not to a condition of approval for a rezoning or Special Exception
application;
d. Does not modify a requirement of an overlay
, such as, but not limited to, Scenic Corridor, Environmental Resource,
, or
Environs;
e. Does not result in deletion or waiver of a
requirement;
f. The modification applies to property that cannot be developed in conformity with the provisions of this chapter due to physical circumstances or conditions of the property, such as irregular shape, narrowness of
, exceptional topographic conditions, or location;
g. Does not create a situation where proposed
substantially reduces the amount of privacy that would be enjoyed by nearby residents any more than would be available if the
was built without the modification;
h. Does not create a situation where proposed
will block visibility within the required visibility triangle on
for either vehicular or pedestrian traffic;
i. Does not create a situation where the proposed
will cause objectionable noise, odors, trespass lighting, or similar adverse impacts
properties or
; and,
j. Does not create a situation where the
will result in an increase in the number of residential
or the square footage of nonresidential
greater than would occur if the
was built without the modification.
2. Specific Findings for
and Wall
Modification Requests
In addition to the findings in Section 3.11.1.D.1, the PDSD
shall find, in the case of
and wall
only, that the modification:
a. Does not create a situation where proposed
will obstruct significant views of dramatic land forms, unusual stands of vegetation, or parks from nearby properties substantially more than would occur if the
were built without the modification;
b. Provides design alternatives to better integrate the
into the design character of the immediate neighborhood;
c. Does not apply to a
requirement of a Flexible Lot Development (FLD);
d. Does not create a situation where the proposed
will interfere with the optimum air temperature or solar radiation orientation of
on
properties substantially more than would occur if the
or
were built without the modification; and,
e. Does not create a situation where the proposed use of the property will impose objectionable noise levels on
properties greater than would occur if the
or
were built without the modifications.
f. The modification is not for an increase in height of more than two feet to an accessory wall or fence, except that an increase of up to four feet may be considered for entry features on walls and fences.
3. Specific Finding for Screening Modification Requests
For screening modifications, in addition to the findings in Section 3.11.1.D.1, the PDSD
shall make a finding that the modification does not lower the
of a required screening device to a point where it does not accomplish its purpose.
E. Appeals
A
may appeal the PDSD
’s decision on DDO applications. Appeals are considered by the Board of Adjustment in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeal Procedure. Appeals must be filed within five of the effective date of the decision. The complete appeals material must be filed within 30 of the effective date of the decision. An appeal under this section shall be based upon an error in the ’s decision finding compliance or noncompliance with the applicable findings. The Board of Adjustment shall apply the applicable findings as provided in Section 3.11.1D, Findings for Approval, when rendering its decision.
F. Expiration of Approval
Any Design Development Option (DDO) approval granted by the Planning and Development Services Department (PDSD)
shall be null and void if building permits are not issued implementing the DDO or compliance with conditions of approval does not occur within 180 days from the date of approval. One extension of up to 180 days may be granted by the PDSD
for good cause.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11732, 2/19/2020))
3.12.1. ARCHITECTURAL DOCUMENTATION PRIOR TO DEMOLITION OF HISTORIC BUILDINGS
A. Applicability
These regulations apply when an application for a demolition permit involves the complete or partial demolition of a
that is partially or in its entirety 50 or more years old.
B. Required Documentation
Applications for permits for the demolition of
that are partially or in their entirety 50 or more years old must include architectural documentation to provide a permanent record of
of historical significance before their loss. Demolition applications are available from PDSD.
1. Minor Documentation
Minor Documentation is required for demolition permit requests for all
that are partially or in their entirety 50 or more years old, but are not
within designated or pending National Register Historic Districts; are not individually listed on the National Register of Historic Places; and do not meet the eligibility criteria for the National Register of Historic Places. For
that otherwise meet the criteria for full documentation, only Minor Documentation is required if the demolition will be limited to an addition that is less than 50 years old.
2. Full Documentation
Full documentation is required for demolition permit requests for all
that are partially or in their entirety 50 or more years old and are:
a.
within designated or pending National Register Historic Districts;
b. Individually listed on the National Register of Historic Places; or,
c. Meet the criteria for eligibility for the National Register of Historic Places.
3. Additional Documentation
If the
to be completely or partially demolished is located in a Historic Preservation
(HPZ) or the Rio Nuevo District (RND) overlay
, compliance with the applicable demolition review and approval requirements contained in Section 5.8.10 through Section 5.8.12 and Section 5.11.7 is required in addition to the provisions contained in this section.
C. Review Required
The applicant shall submit minor or full architectural documentation to PDSD for review before issuance of a demolition permit.
D. Application and Review Process
1. Prior to the submittal of a demolition permit application, the applicant may meet with the PDSD. At that time, the PDSD shall determine whether the application requires Minor or Full Documentation.
2. At the time of submittal, the applicant shall submit two copies of the demolition permit application and all required architectural documentation to the PDSD. All new photos must be printed on photographic paper.
3. If Minor Documentation is required, the PDSD reviews and approves the applications for completeness in accordance with Section 3.2.3.A. The PDSD determines and informs the applicant that the Minor Documentation is complete, or of any additional documentation which is required.
4. If full documentation is required, the Historic Preservation Officer (HPO) reviews and approves the applications for completeness, and informs the applicant that full documentation is complete or informs the applicant of any additional documentation which is required.
5. If the PDSD or the HPO determine that the required architectural documentation is complete, then a demolition permit application may be processed. The applicant must demonstrate compliance with all provisions of the Tucson Code before a demolition permit will be issued.
E. Minor Documentation Required
Minor Documentation shall include:
1. Current photographs of the front, rear and sides of the
to be completely or partially demolished (printed on photographic paper); and,
2. Documentation from the County Assessor’s records, the State Historic Preservation Office, or other official government records confirming the year of construction and dates of additions to the
to be demolished. Some of this documentation of construction dates may be available at the PDSD.
F. Full Documentation Required
Full documentation shall include:
1. Floor plans with measured dimensions;
2. Photographs of the front, rear and sides of the
to be completely or partially demolished, and all interior rooms;
3. A ‘context photograph’ illustrating the relationship between the
to be completely or partially demolished and the nearest
in the
. The
is defined in Section 11.4.5;
4. Copies of old photographs of the
to be completely or partially demolished (taken at least 20 years prior to the demolition application), if in the possession of the applicant;
5. Documentation from the County Assessor’s records, the State Historic Preservation Office, or other official government records confirming the year of construction and dates of additions to the
to be demolished. Some of this documentation of construction dates may be available at PDSD;
6. A general description of construction materials, such as exterior walls, roofing, windows, porches, and
of the
to be demolished; and,
7. A list of any important historical events or historically significant
related to the
to be demolished, if known to the applicant.
G. Documentation Retention
Upon approval of the demolition permit, the HPO shall retain one copy as a record of a lost historic resource and forward one copy to the Tucson-Pima County Historical Commission for their records.
3.12.2. PROTECTED DEVELOPMENT RIGHT
A. General
1. After a
or tentative or final
has been approved, an applicant may apply for a
(PDR). A PDR is a right granted to undertake and complete the
and use of property as shown on the PDR Plan without needing to comply with subsequent changes in zoning standards and technical standards adopted during the period of the PDR, except as provided by A.R.S. §9-1204. In the event of a conflict between the provisions of the
and A.R.S. §§9-1201 through 9-1205 inclusive, as they may be amended, the statutory provisions shall govern.
2. The
also precludes the enforcement against the
of any
regulation that would change, alter, impair, prevent, diminish, delay, or otherwise impact the
or use of the property as set forth in the approved plan except as provided herein.
3. The
does not vest until the Mayor and Council approve the plan or
as a
plan at public hearing.
B. Applicability
The Mayor and Council may consider granting a PDR to the following:
1. An approved
or
provided the PDR is granted prior to the
or
expiring; or,
2. Concurrent with the initial approval of a
or
upon a finding that granting a
to undertake and complete the
shown on the plan will promote reasonable certainty, stability and fairness in the
planning and regulatory process and secure the reasonable investment-backed expectations of the owner.
C. Application
Submittal of an application to the PDSD is required in order to process the request. The PDR application requirements are provided in Section 2-12.0.0 of the Administrative Manual. Applications are reviewed for completeness in compliance with Section 3.2.3.A, Application Required. Following acceptance of the application, it will be scheduled for consideration by the Mayor and Council.
D. Nonphased and
Standards
Applications may be filed for nonphased or phased
plans as follows:
1. Nonphased
Nonphased
are
constructed in one phase. An application for a
for a nonphased
, must comply with the requirements in accordance with:
a. Article 8, Land Division,
, and
Standards, and applicable standards of the Administrative and Technical Standards Manuals for a ; or
b. Section 3.3.3.G, , and applicable standards of the Administrative and Technical Standards Manuals for a .
2.
a. For consideration and approval as a
plan, a
shall be a master planned
which:
(1) Consists of at least 40
depicted on a single master
for a residential
;
(2) Consists of at least 20
depicted on a single master
or
for a nonresidential
;
(3) Is a Planned Area Development (PAD)
; or,
(4) The Mayor and Council have identified as a
for the purposes of
.
b. An application for a
for a
, must comply with the requirements set forth in:
(1) Article 8, Land Division,
, and
Standards, and applicable standards of the Administrative and Technical Standards Manuals, if the master planned consists of at least 40 depicted on a single master for a residential ;
(2) Article 8, Land Division,
, and
Standards, and applicable standards of the Administrative and Technical Standards Manuals, if the master planned consists of at least twenty (20) depicted on a single master for a nonresidential ;
(3) Section 3.3.3.G, , and applicable standards of the Administrative and Technical Standards Manuals, if the master planned consists of at least 20 depicted on a single master for a nonresidential ; or,
(4) Section 3.5.5, Planned Area Development (PAD) , and applicable standards of the Administrative and Technical Standards Manuals for a master planned which is a PAD.
E. Granting of a PDR
1. A PDR shall be granted upon approval by the Mayor and Council.
2. The Mayor and Council may impose terms and conditions of approval.
3. Upon Mayor and Council approval, the landowner has the right to undertake and complete the
only to the extent of the specific elements and details shown on the plan.
4. Approval of a
plan for one phase of a
is not approval of a
plan for any other phase.
F. Effective Date
1. A PDR shall be deemed established with respect to a property on the effective date of Mayor and Council approval of the PDR Plan, except as follows.
2. Exception. A
plan approved with a condition that a variance be obtained does not confer a
until the variance is granted. Approval of a
plan does not guarantee approval of a variance.
G. Expiration Date and Extension
1. Nonphased
A
plan for a nonphased
is valid for three years.
a. In its sole discretion, the Mayor and Council may extend this time for a maximum of two additional years if it determines such extension is warranted by all relevant circumstances, including the size and type of the
, the level of investment of the landowner, economic cycles, and market conditions.
b. If no
permit has been issued prior to expiration, no construction shall commence under the plan.
2. Phased
A
plan for a
is valid for five years.
a. In its sole discretion, the Mayor and Council may extend this time for a maximum of two additional years if it determines such extension is warranted by all relevant circumstances, including the size, type and phasing of the
, the level of investment of the landowner, economic cycles, and market conditions.
b. No construction shall take place on the property for any phase for which a
permit has not been issued.
H. Modification of
Expiration Dates
Notwithstanding Section 3.3.3.G.6.a, a
that has been designated a PDR Plan shall expire upon termination of the PDR.
I. Enforcement
1. Subsequent
Standards
A protected
precludes the enforcement of legislative or administrative
regulations that would change, alter, impair, prevent, diminish, delay, or impact the
or use of the property as approved in the
Plan, except under any one of the following circumstances:
a. Landowner Consent
The affected landowner consents in writing.
b. Natural or Man-Made Hazard
The Mayor and Council declare by resolution, after notice and a public hearing, that natural or man-made hazard on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the
were to proceed as approved in the
Plan.
c. Inaccurate Information
Declaration by the Mayor and Council by resolution after notice and a public hearing that the owner or his representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval of the
Plan by the
.
d. Enactment of
or
Law
The enactment of a
or
law or regulation that precludes
as approved in the
Plan, in which case the Mayor and Council, after notice and a public hearing, may modify the affected provisions, on a finding that the change in
or
law has a fundamental effect on the
Plan.
2. Subsequent Overlay Zoning,
Fees, and Other Codes
A
does not preclude the enforcement of the following:
a. Overlay
A subsequently adopted overlay zoning classification that imposes additional requirements and that does not affect the allowable type or
of use.
b.
Fee
A subsequently adopted
fee applicable to similar properties in the
adopted pursuant to A.R.S. §9-463.05.
c. Other Codes
A subsequently adopted
, fire, plumbing, electrical, or mechanical code or other ordinance or regulation general in nature and applicable to all property subject to
regulation by the
.
3.
and
A
does not preclude, change, or impair the authority of the
to adopt and enforce zoning ordinance provisions governing
or
on the property.
4. Suspension and Revocation Procedures
The
is permitted by
law to subject a
Plan to subsequent reviews and approvals consistent with the original approval. The
may revoke its approval of a
Plan for failure to comply with the applicable terms and conditions of approval. The procedure for compliance review suspension and revocation is described as follows:
a. PDSD
Monitors Compliance
After the approval of a
Plan, the PDSD
or designee shall monitor the progress of the
to ensure compliance with the terms and conditions of the original approval or any
agreement applicable to the property.
b. Suspension or Revocation
The PDSD
or designee may suspend or revoke a
after notice to the applicant. The notice shall contain the
Plan to be revoked, the property to which it applies, and the reason(s) for the proposed suspension or revocation.
c. Appeal to Mayor and Council
The PDSD
’s decision to revoke a
may be appealed to Mayor and Council in accordance with Section 3.9.2, Mayor and Council Appeal Procedure, by filing a notice of intent to appeal with the City Clerk no later than 14 after the effective date of the decision. The complete appeal materials must be filed with the PDSD within 30 of the effective date of the decision.
J. Successors
After approval of the
plan, all successors to the original landowner are entitled to exercise the
.
3.12.3. MULTIFAMILY RESIDENTIAL DEVELOPMENT AND ADAPTIVE REUSE OF QUALIFIED OBSOLETE COMMERCIAL BUILDINGS
A. Purpose
This section describes application requirements, review procedures, and approval criteria utilized by City of Tucson staff when reviewing an application for multifamily residential
or adaptive reuse of qualified obsolete commercial
pursuant to A.R.S. § 9-462.10.
B. Applicability
1. When not specifically addressed in UDC Section 3.12.3,
for multifamily residential
and adaptive reuse shall be based on
for the highest
Urban Residential
within one mile of the
. Where there is a conflict between the
of this section and the rest of the UDC, the
of this section shall apply.
a. Adaptive Reuse
The act of converting an existing
from the use for which it was constructed to a new use maintaining some or all of the elements of the
. Adaptive reuse allows for the partial, but not the complete, demolition of an existing commercial, office, or
. For a
to qualify as Adaptive Reuse, it must include a multifamily residential component.
b. Building Code
Means the federal construction codes applicable to homes constructed after June 15, 1976, and the Arizona codes applicable to homes constructed before that date. The Building Code may include local amendments specific to the City of Tucson.
c. Moderate Income Housing
Means housing: (a) for a
or
whose
income does not exceed 120% of the area median income. (b) For which the occupant pays not more than 30% of the occupant's gross income for the occupant's rent or mortgage, as determined by the Arizona Department of Housing and adjusted for
size based on the United States Department of Housing and Urban Development.
d. Qualified Obsolete Commercial Building
A
which is currently zoned for and/or permitted to be used for commercial, office, or mixed uses; and is:
(1) In a state of disrepair or has a 50% vacancy in the total leasable square footage; and
(2) Located on a
or
of least one acre but not more than 20 acres.
e. Multifamily Residential Development
A
or
that are designed and used for residential purposes and that contain more than one apartment or
for sale or for rent but that are not adaptive reuse. Multifamily residential
allows for the partial or complete demolition or renovation of an existing commercial, office, or
.
f. Rooftop Appurtenances
Rooftop
that primarily house air conditioning equipment, solar panels,
, elevators, other energy production facilities and other non-habitable
. This includes
features, swimming pools, space for use by residents and
, but does not include open areas, spires, bell towers, domes, cupolas, pediments, obelisks or monuments.
3. Multifamily Residential Development or Adaptive Reuse under this UDC Section 3.12.3 does not apply to the following:
a. Land in the area that is designated a National Register Historic
, Historic Preservation
, or
;
b. Land in the territory in the vicinity of a military airport or ancillary military facility as defined by A.R.S. § 28-8461;
c. Land in the territory in the vicinity of a Federal Aviation Administration commercially licensed airport or a general aviation or public airport as defined A.R.S. § 28-8486.
4. All applicable overlay
or associated requirements addressed elsewhere within the Unified Development Code shall apply to this Section.
C. Obsolete Commercial Building Redevelopment
1. An applicant seeking multifamily residential
or adaptive reuse of a qualified obsolete commercial
shall submit an application that includes the following:
a. Evidence satisfactory to the City of Tucson Attorney that the existing
that is the subject of the application is economically or functionally obsolete.
b. Documentation satisfactory to the City of Tucson Planning and Development Services Department and the City Attorney that the redevelopment will include a set aside of at least 10% of the total
for either moderate-income or
or any combination of the two for at least 20 years after the initial occupation of the proposed
.
c. A
in
with UDC Section 3.3.3.G and all other applicable UDC requirements for
.
d. Evidence of
review and approval by any utility
impacted by the proposed
.
e. Evidence of adequate existing public sewer and water service for the entire proposed
.
f. Compliance with all applicable Building Codes and fire codes.
D.
and Multi-
Development or Adaptive Reuse
1.
requirements for the redevelopment shall be the lesser of the existing
for multifamily residential
, or the
requirements that applied to the existing commercial, office, or
, in accordance with UDC Article 6.3.
may also be referred to as a
.
2. Height and
Multifamily residential height and
shall not exceed:
a. The maximum allowable multi-
height and
for a multi-
in the City of Tucson, located within one mile of the
to be developed; or
b. If there is no multifamily
in the City of Tucson within one mile of the
to be redeveloped, the height and
of the multifamily
located in the City of Tucson located closest to the
to be redeveloped;
c.
is limited to no more than five stories (55 feet).
3. Height Exemption for existing non-conforming
If the maximum allowable height applicable to the existing commercial, office, or
exceeds the maximum allowable height in the existing
for the proposed use, the existing height may remain and shall be considered nonconforming for height purposes and the existing
may be expanded to the maximum allowable
for the proposed use. Any rooftop appurtenances shall be included within the height exemption.
E. Multifamily Residential Development or Adaptive Reuse Cap, Tracking, and Area Exclusion
1. Cap
Not more than 1,030 of the existing commercial, office, or
may be redeveloped for multifamily residential
or adaptive reuse under this Article.
2. Tracking
The City of Tucson Planning and Development Services Department shall keep track of the number of
redeveloped under this Article, and shall stop accepting applications when the total number of the following equals the cap established in subsection 1. above:
a. The number of
redeveloped for multifamily residential
or adaptive reuse under this Article; plus
b. The number of
with approved
permits for redevelopment under this Article but not yet completed; plus
c. The number of
with pending applications for redevelopment under this article but not yet permitted.
(Ord. 12139, 12/10/2024)