Sec. 23A-32. Administrative design review procedure.
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)