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As provided by Chapter 23 of the Tucson Code, Land Use Code, section 1.3.1, the set of maps depicting land use zoning boundaries within the City of Tucson is entitled "City of Tucson Zoning Maps."
(Ord. No. 9392, § 2(1.2.1), 5-22-00)
The purpose, applicability, and interpretation of the City of Tucson Zoning Maps are as provided by Chapter 23 of the Tucson Code, Land Use Code (LUC), Article I, Division 3.
(Ord. No. 9392, § 2(1.2.2), 5-22-00)
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*Editor's note – Ordinance No. 9967, § 8, adopted May 17, 2004, repealed the former Art. II, §§ 23A-31 – 23A-33, 23A-41 – 23A-49, 23A-61, 23A-62. Section 9 of Ordinance No. 9967 enacted a new Art. II, §§ 23A-31 – 23A-35, 23A-40, 23A-50 – 23A-54, 23A-60 – 23A-63, as set out herein. The former Art. II pertained to similar subject matter and derived from Ord. No. 9392, § 2 (2.1.1) – (2.1.3), (2.2.1) – (2.2.9), (2.3.1), (2.3.2), adopted May 22, 2000.
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October 9, 2012, provides: "Article 1, General Provisions, and Article II, Review Procedures, of Chapter 23A are hereby repealed effective January 1, 2016 except that the same is continued in full force and effect as necessary for the interpretation or application of other ordinances,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.
GENERAL ZONING REVIEW PROCEDURE
GENERAL ZONING REVIEW PROCEDURE
Review to determine whether any application conforms to zoning regulations is conducted in accordance with this section. Interpretations of zoning regulations and certifications of approval of applications in compliance with all zoning regulations may be appealed to the board of adjustment.
For certain applications as specified in the LUC, there are also special zoning review requirements which may involve either a limited notice procedure in accordance with Division 2 of this chapter or a full notice procedure in accordance with Division 3 of this Chapter. Limited notice procedures may be appealed to the board of adjustment. Full notice procedures may be subject to an appeal to either the board of adjustment or the mayor and council in accordance with Division 4 of this chapter.
For proposed development in conformance with the property's existing zoning regulations, whether it is new construction, expansion of existing construction, new use, change in use, or expansion of an existing use, review for conformance with the provisions of the Land Use Code (LUC), Chapter 23 of the Tucson Code, this chapter and applicable development standards will be by planning and development services department (PDSD). The applications requiring zoning compliance review include, but are not limited to, temporary uses, business licenses, tenant improvement, home occupations, site plan review, new construction, expansion of existing premises, and certain electrical reconnections.
(1) Application. Applications shall conform to the requirements set forth in the LUC, this chapter and appropriate development standards. The director may require additional information and materials following acceptance of an application where it is determined that such information is important to the review of the application. The director may conditionally accept an application subject to obtaining subsequent approvals. The director shall not be required to make a decision on an application until at least five (5) days following the acceptance of the additional submittal information or five (5) days following the time for submission of a recommendation by an advisory body.
(2) Review process. Review is conducted by the planning and development services department staff and other agencies, committees or advisory boards as specified in this chapter, the LUC and as may be deemed appropriate by the director. Applications are reviewed for compliance this chapter, the LUC and applicable development standards. Where an application requires review under more than one (1) special zoning review procedure, the development services director shall determine whether reviews shall be conducted sequentially or concurrently based upon the issues raised by each application. Where the director determines that reviews shall 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 director.
(3) Decision. Except as otherwise provided, the director determines whether to approve or deny an application. For all general and special zoning review decisions, time periods specified for the director's decision may be extended by the applicant.
(4) Written statement of reasons for denial. If an application is not approved due to lack of compliance with zoning regulations, the applicant may request a written statement of the basis for the rejection of the application, which shall then be provided within three (3) days. Projects under this review process may be approved by the PDSD director or designee if they are in conformance with the LUC, this chapter and applicable development standards.
(5) Zoning interpretations and zoning certification. For any development reviewed in accordance with this article which involves an interpretation of the substantive provisions of the LUC or the application of substantive zoning provisions in the zoning certification of a development plan, site plan, tentative plat or final plat, a request for a written interpretation or certification may be submitted to the zoning administrator in the following manner:
a. A person affected by the proposed development, as defined in subsection b below, may request in writing that any decision requiring a interpretation of substantive zoning regulations be reviewed and decided by the zoning administrator. The applicant or the zoning administrator may place other parties on notice of the determination by providing a copy of the application to such parties at the time it is submitted to the zoning administrator and listing such persons as a party of record in the application.
b. A person affected by the proposed development shall include the applicant, owners or residents of property within three hundred (300) feet of the site, any neighborhood association within one (1) mile and any person who may be personally affected by the proposed development in a manner that is beyond the impact of the development on the general public.
c. The zoning administrator shall make the final zoning determination within five (5) days of receipt of any such written request. Any party interested in the decision may request a copy of the final zoning determination. The final zoning determination or certification shall be mailed to the applicant and all parties of record within three (3) days of the determination.
d. The zoning administrator may designate certain decisions as precedent for future decisions. Any decision so designated shall be binding upon future cases unless reversed on appeal. One (1) copy of all precedent decisions shall be maintained by the zoning administrator and one (1) copy shall be maintained by the city clerk for public review and inspection.
e. The zoning administrator's determination shall be binding upon the applicant and all parties of record unless appealed.
(6) Appeal of zoning interpretations. Within thirty (30) days of a final zoning determination by the zoning administrator that involves the interpretation of the substantive zoning provisions of the Land Use Code, the applicant, and any party of record may appeal that determination to the board of adjustment pursuant to section 23A-61.
(7) Stay of the issuance of plan approvals and permits during appeals. Where an administrative appeal is submitted in a timely manner to a city official or body such as the director, the board of adjustment, the zoning examiner or the mayor and council in accordance with this chapter, no permits shall be issued and no formal plan approvals or inspections shall be made on any portion of an application that is subject to the appeal while that appeal, review period or the time provided for reconsideration is pending. PDSD may, in the discretion of the director, continue to process review of applications and may issue permits or plan approvals on applications or portions thereof that are not affected by the appeal. Where a final city decision has been made following city administrative appeals, any further appeal shall be to Superior Court in accordance with applicable law. An appeal to Superior Court shall not stay the issuance of permits or plan approvals unless the Superior Court issues such a stay.
(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)
The following procedure is for administrative design review where such review is required by the LUC. This procedure applies to review of minor development applications in Historic Preservation Zone (HPZ) districts in accordance with LUC section 2.8.8.5.c and design review in the Rio Nuevo and Downtown (RND) Zone. The criteria for determining whether development in the RND Zone is subject to minor, full or conceptual review are stated in LUC section 2.8.10.4.
(1) Pre-application conference. A pre-application conference with the planning and development services department is required to determine whether the application shall be reviewed through the minor, conceptual or full design review procedure. The applicant may request informal review by the DRB as part of the pre-application process.
(2) Minor design review. Development subject to the minor design review procedure shall reviewed as follows.
a. Submittal. Upon submittal, PDSD staff shall review the application to determine that it provides all required information. The application shall be accepted or rejected within two (2) days.
b. Staff review. PDSD staff shall review the application to determine compliance with the applicable requirements and shall recommend to the director whether to approve or reject the application.
c. Advisory board review. Applications in the RND Zone shall be referred to the design review board (DRB) to be scheduled for consideration at the first available meeting for review in accordance with design criteria of Development Standard 9-05.0. If the proposed development includes exterior changes for buildings on or eligible for inclusion on the National Register of Historic Places, the application and elevation drawings will be forwarded to the Tucson-Pima County Historical Commission Plans Review Subcommittee for review and recommendation to the director. Applications for development in HPZ districts shall be referred to the district advisory board and the plans review subcommittee for review and recommendation.
d. Decision. The director shall make a decision on whether to accept or reject the application within seven (7) days of acceptance of the application. The director may, alternatively, determine that the application be subject to the full design review procedure.
e. Notice of decision. Notice of the decision shall be provided to the applicant within three (3) days of the date of the decision and, in the case of a Historic Preservation Zone minor design review, the appropriate advisory board and the plans review subcommittee.
f. Appeal to the board of adjustment. If an application is denied, the applicant may appeal the decision to the board of adjustment in accordance with section 23A-61 by filing an appeal within five (5) days of the notice of decision with the zoning administrator.
(3) Major project design review. Development subject to major project design review shall be reviewed as follows:
a. Submittal. Upon submittal, PDSD staff shall review the application to determine that it provides all required information. The application shall be accepted or rejected within four (4) days. If the application is accepted, it is forwarded to the design review board (DRB) to be scheduled for consideration at the next available DRB meeting.
b. Review. PDSD staff shall review the application to determine conceptual compliance with the applicable RND requirements and with other code requirements including those in the LUC, building codes and this chapter. These reviews shall be preliminary and shall not establish any right on the part of the applicant. PDSD staff shall report preliminary findings and recommendations the director. The application may be referred to the DRB or appropriate historic advisory boards for preliminary review during this time period.
c. Request for advisory board action. At any time during this review, the applicant may request final conceptual review by the DRB and any appropriate historic board. When such a request is made, the application shall be scheduled before the appropriate advisory board for final action on the conceptual plan within thirty (30) days.
d. Advisory board review. Applications in the RND Zone shall be referred to the design review board (DRB) to be scheduled for consideration at the first available meeting for determination of preliminary findings and recommendations within thirty (30) days of acceptance of the application. The DRB, in formulating its preliminary findings and recommendations, shall evaluate the application based on the design criteria in Development Standard 9-05.0. If the proposed development includes exterior changes for buildings on or eligible for inclusion on the National Register of Historic Places, the application and elevation drawings will be forwarded to the Tucson-Pima County Historical Commission Plans Review Subcommittee for review and recommendation to the director within thirty (30) days of acceptance of the application.
e. Recommendation for final approval. Where the project is sufficiently detailed and complete, the advisory boards may recommend to the PDSD director that the application is ready for final approval without being referred to the full review process.
f. Summary of preliminary findings and recommendations. The director shall make a summary of the preliminary findings and recommendations by the staff, DRB and TPHC plans review subcommittee. The summary shall be provided to the applicant within three (3) days of receipt of the last recommendations.
g. Action by applicant. Upon receipt of the preliminary findings and recommendations, the applicant incorporates the findings and recommendations into the final drawings and plans and submits these final documents for full design review in accordance with section 23A-32(4).
h. Final approval. Where there is a recommendation from the advisory bodies for final approval, and where the PDSD director determines that the application is sufficiently detailed and complete to establish full compliance with the RND regulations, the application may be approved without being referred for further review through the full design review procedure in accordance with section 23A-32(4).
(4) Full design review. Development subject to the full design review procedure shall reviewed as follows.
a. Submittal. Upon submittal, PDSD staff shall review the application to determine that it provides all required information. The application shall be accepted or rejected within four (4) days. If the application is accepted, it is forwarded to the design review board (DRB) to be scheduled for consideration at the next available DRB meeting.
b. Review. PDSD staff shall review the application to determine compliance with the applicable requirements and shall recommend to the director whether to approve or reject the application.
c. Advisory board review. Applications in the RND Zone shall be referred to the design review board (DRB) to be scheduled for consideration at the first available meeting for review and recommendation. The DRB, in formulating its recommendation, shall evaluate the application based on the design criteria in Development Standard 9-05.0. If the proposed development includes exterior changes for buildings on or eligible for inclusion on the National Register of Historic Places, the application and elevation drawings will be forwarded to the Tucson-Pima County Historical Commission Plans Review Subcommittee for review and recommendation to the director.
d. Decision. The director shall make a decision on whether to accept or reject the application based upon required design criteria and the recommendations of the DRB and the TPHC plans review subcommittee. The decision shall not earlier than fourteen (14) days and shall not be later than thirty (30) days of acceptance of the application.
e. Notice of decision. Notice of the decision shall be provided to the applicant within three (3) days of the date of the decision.
f. Appeal of the director's decision. The applicant, or in cases involving historic properties the advisory board or the plans review subcommittee, may appeal the director's decision to the board of adjustment in accordance with section 23A-61 by submitting an appeal to the director within fourteen (14) days of the date of decision. The appeal shall address and be determined upon the purpose, intent, specific regulations, specific goals and the objectives of the RND zone.
(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)
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