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*Editor's note – Ordinance No. 9967, § 7, adopted May 17, 2004, effective July 1, 2004, amended the title of said chapter to read as set out. Formerly said title pertained to Development Compliance Reviews.
Section 3 of Ordinance No. 11025, adopted October 9, 2012, provides: "Article 1, General Provisions, and Article II, Review Procedures, of Chapter 23A are hereby repealed effective January 1, 2016 except that the same is continued in full force and effect as necessary for the interpretation or application of other ordinances, resolutions, agreements or other legal documents or as necessary to the final determination and disposition of, or the prosecution or litigation of any claim or complaint that has been made or may be made in the future alleging a violation of any prior provision of Article I or Article II, Chapter 23A based upon acts occurring prior to the repeal of any such provision."
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Art. I. General Provisions, §§ 23A-1--23A-30
Div. 1. Introduction, §§ 23A-1--23A-20
Div. 2. Mapping, §§ 23A-21--23A-30
Art. II. Review Procedures, §§ 23A-31--23A-70
Div. 1. General Zoning Review Procedure, §§ 23A-31--23A-39
Div. 2. Special Zoning Review--Limited Notice Procedure, §§ 23A-40--23A-49
Div. 3. Special Zoning Review--Full Notice Procedure, §§ 23A-50--23A-59
Div. 4. Appeal Procedures, §§ 23A-60--23A-70
Art. III. Development Impact Fee Regulations, §§ 23A-71 – 23A-91
Div. 1. Applicability and Intent, §§ 23A-71 – 23A-74
Div. 2. Fee Calculation, §§ 23A-75 – 23A-86
Div. 3. General Provisions, §§ 23A-87 – 23A-89
Div. 4. Development Impact Fee Schedules and Effective Dates, §§ 23A-90 – 23A-91
Art. IV. Definitions, §§ 23A-101--23A-136
Div. 1. General Provisions, §§ 23A-101--23A-23A-110
Div. 2. (Reserved)
Article I. General Provisions
Division 1. Introduction
Sec. 23A-1. Title.
Sec. 23A-2. Purpose.
Sec. 23A-3. Scope.
Sec. 23A-4. Certification of zoning compliance.
Sec. 23A-5. Applicability.
Sec. 23A-6. Interpretation.
Sec. 23A-7. Appeals.
Sec. 23A-8. Violation.
Sec. 23A-9. Enumeration.
Sec. 23A-10. Hierarchy.
Secs. 23A-11--23A-20. Reserved.
Division 2. Mapping
Sec. 23A-21. Title.
Sec. 23A-22. Purpose, applicability, and interpretation.
Secs. 23A-23--23A-30. Reserved.
Article II. Review Procedures
Division 1. General Zoning Review Procedure
Sec. 23A-31. Zoning compliance review.
Sec. 23A-32. Administrative design review procedure.
Sec. 23A-32.1. NPZ design review procedure.
Sec. 23A-33.1. Subdivision plat process
Sec. 23A-33.2. Minor subdivision platting process
Sec. 23A-33.3. Land splits.
Sec. 23A-34. Development plan review.
Sec. 23A-35. Flexible lot development (FLD) review.
Secs. 23A-36--23A-39. Reserved.
Division 2. Special Zoning Review--Limited Notice Procedure
Sec. 23A-40. Limited notice procedure.
Secs. 23A-41--23A-49. Reserved.
Division 3. Special Zoning Review--Full Notice Procedure
Sec. 23A-50. Application, notice, public comment and review.
Sec. 23A-51. PDSD full notice procedure.
Sec. 23A-52. Board of adjustment full notice procedure.
Sec. 23A-53. Zoning examiner special exception full notice procedure.
Sec. 23A-54. Conditional use: Suspension or termination of designated permitted, secondary and special exception uses.
Secs. 23A-55--23A-59. Reserved.
Division 4. Appeal Procedures
Sec. 23A-60. Appeal procedures.
Sec. 23A-61. Board of adjustment appeal procedure.
Sec. 23A-62. Mayor and council appeal procedure.
Sec. 23A-63. Takings appeal procedure, individual dedications and exactions and excessive reduction of property value.
Sec. 23A-64. Design review board appeal procedure.
Secs. 23A-65--23A-70. Reserved.
Article III. Development Impact Fee Regulations
Division 1. Applicability and Intent
Sec. 23A-71. Title.
Sec. 23A-72. Legislative intent and purpose.
Sec. 23A-73. Definitions.
Sec. 23A-74. Applicability.
Division 2. Fee Calculation
Sec. 23A-75. Authority for development impact fees.
Sec. 23A-76. Administration of development impact fees.
Sec. 23A-77. Land use assumptions.
Sec. 23A-78. Infrastructure improvements plan.
Sec. 23A-79. Adoption and modification procedures.
Sec. 23A-80. Timing for the renewal and updating of the infrastructure improvements plan and the land use assumptions.
Sec. 23A-81. Collection of development impact fees.
Sec. 23A-82. Development impact fee credits and credit agreements.
Sec. 23A-83. Development agreements.
Sec. 23A-84. Appeals.
Sec. 23A-85. Refunds of development impact fees.
Sec. 23A-86. Oversight of development impact fee program.
Division 3. General Provisions
Sec. 23A-87. Miscellaneous provisions.
Sec. 23A-88. Severability.
Sec. 23A-89. Violations.
Division 4. Development Impact Fee Schedules and Effective Dates
Sec. 23A-90. Effective dates.
Sec. 23A-91. Fee schedule tables.
Article IV. Definitions
Division 1. General Provisions
Sec. 23A-101. Purpose.
Sec. 23A-102. General rules of application.
Sec. 23A-103. General rules for construction of language.
Secs. 23A-104--23A-110. Reserved.
Division 2. Reserved.
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*Editor's note – Section 3 of Ordinance No. 11025, adopted October 9, 2012, provides: "Article 1, General Provisions, and Article II, Review Procedures, of Chapter 23A are hereby repealed effective January 1, 2016 except that the same is continued in full force and effect as necessary for the interpretation or application of other ordinances, resolutions, agreements or other legal documents or as necessary to the final determination and disposition of, or the prosecution or litigation of any claim or complaint that has been made or may be made in the future alleging a violation of any prior provision of Article I or Article II, Chapter 23A based upon acts occurring prior to the repeal of any such provision."
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DIVISION 1.
INTRODUCTION
INTRODUCTION
Chapter 23A is established to identify the processes for the review and approval of proposed development for compliance with the technical and objective requirements of the Land Use Code (LUC), Chapter 23 of the Tucson Code and to provide for the calculation, assessment and collection of impact fees.
(Ord. No. 9392, § 2(1.1.2), 5-22-00; Ord. No. 10053, § 1, 9-27-04)
The provisions of Chapter 23A apply to all proposed development within the corporate limits of the city and shall establish the process for certification of zoning compliance.
(Ord. No. 9392, § 2(1.1.3), 5-22-00)
The certification of zoning compliance as provided in Chapter 23A shall consist of the certification that proposed development and construction are in conformance with the nondiscretionary, technical, and objective requirements of the Land Use Code (LUC), Chapter 23 of the Tucson Code, prior to final development approval.
(Ord. No. 9392, § 2(1.1.4), 5-22-00)
The planning and development services department (PDSD) is responsible for assuring that no land is used or occupied; no site improvement, modification, or construction is started; no existing use is implemented, expanded, or changed; no structure is expanded, reconstructed, changed, or otherwise altered; and no land is divided into multiple parcels until the certification of zoning compliance has been provided in accordance with this chapter. No city agency may issue a permit for excavation, grubbing, grading, paving, demolition, or construction of any sort before PDSD has certified such compliance with the Land Use Code (LUC).
(Ord. No. 9392, § 2(1.1.5), 5-22-00; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)
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