ARTICLE I. GENERAL PROVISIONS*

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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October 9, 2012, provides: "Article 1, General Provisions, and Article II, Review Procedures, of Chapter 23A are hereby repealed effective January 1, 2016 except that the same is continued in full force and effect as necessary for the interpretation or application of other ordinances,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

Sec. 23A-1. Title.

This chapter is entitled "Development Compliance Code."

(Ord. No. 9392, § 2(1.1.1), 5-22-00; Ord. No. 9967, § 7, 5-17-04)

Sec. 23A-2. Purpose.

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)

Sec. 23A-3. Scope.

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)

Sec. 23A-4. Certification of zoning compliance.

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)

Sec. 23A-5. Applicability.

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)