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)