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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)
The following procedure is for administrative design review where such review is required by the LUC. This procedure applies to review of development applications in the Neighborhood Preservation Zone (NPZ) district in accordance with Land Use Code section 2.8.11.
1. Pre-application conference. A pre-application conference with the planning and development services department (PDSD) is required to determine whether the application shall be reviewed through NPZ design review procedure.
2. NPZ design review. Development subject to the NPZ design review procedure 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 two (2) days. If an application is rejected, the applicant may supplement and resubmit the application supplying required information.
b. Design professional. The design professional shall review accepted applications to determine compliance with the neighborhood specific design manual and compatibility review criteria in accordance with Land Use Code section 2.8.11.8.A.1.
c. Design professional findings and recommendation. The design professional shall submit a written report with findings and recommendation to the director of the planning and development services department within fifteen (15) working days of acceptance of the application.
d. Director decision. The director shall review the application and render a decision finding compliance or noncompliance with the neighborhood specific design manual and compatibility review criteria within five (5) days of receiving the design professional's report.
e. Notice of decision. Notice of the decision shall be mailed to the applicant, property owners within fifty (50) feet of the subject site, and to the neighborhood association that includes the subject site within three (3) days of the date of the decision.
f. Appeal to the design review board (DRB). For purposes of this section, a party of record is any individual who receives a notice of the director's decision. A party of record may submit an appeal of the director's decision pursuant to [section] 23A-64.
Appeals to the director's decision shall be referred to the DRB. An appeal under this section must be based upon an error in the director's decision finding compliance or noncompliance with the neighborhood specific design manual and compatibility review criteria. Appeals shall be scheduled within thirty (30) days of acceptance of the application for appeal.
A notice of intent to appeal must be received by the planning and developmental services department within fourteen (14) days after the mailing of the notice of decision. The complete appeals materials must be filed within thirty (30) days of the acceptance of the application for appeal.
The DRB, in formulating its preliminary findings and recommendations, shall apply the same standards that the design professional applies. Written notice of the DRB's decision shall be provided to the party of record within three (3) days of the date of the decision.
g. Appeal to the board of adjustment. A party of record may submit an appeal of the DRB's decision to the board of adjustment in accordance with section 23A-61. A notice of intent to appeal must be received by the planning and development services department within fourteen (14) days of the notice of the DRB's decision. The complete appeals material must be filed within thirty (30) days of the decision.
(Ord. No. 10548, § 4, 6-10-08; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09; Ord. No. 10726, § 1, 11-24-09)
The following procedure is for review of applications for the subdivision of land by subdivision, minor subdivision or lot split for approval in compliance with the requirements of the Tucson Code, Chapter 23, Land Use Code (LUC), Article IV.
(Ord. No. 9967, § 9, 5-17-04)
The subdivision of land through the platting process as provided in LUC section 4.1.6 shall be reviewed and approved as follows.
(1) Tentative plat review. All subdivision applications, except as provided for minor subdivisions (see section 23A-33.2), require the review and approval of a tentative plat. The tentative plat shall be prepared in accordance with requirements set forth in Development Standard No. 2-03.0.
a. Pre-application conference. A pre-application conference with planning and development services department (PDSD) staff is encouraged.
b. Neighborhood meeting for an FLD. The applicant shall offer to meet at a specified time and place to discuss the proposed FLD project with property owners and the neighborhood association. The meeting notice shall be sent to property owners within three hundred (300) feet of the FLD site and at least two (2) designated representatives of any neighborhood association registered with the city and located within one (1) mile of the FLD site. The offer shall be made at least ten (10) days prior to the date of the meeting. The meeting shall occur at least fifteen (15) and not more than sixty (60) days prior to the submittal of the application. The neighborhood meeting shall be held at a location near the property that is the subject of the application. Notice of the meeting shall also be provided by the applicant to the office of the council ward in which the subject site is located. Documentation of the offer to meet and a summary of the meeting shall be submitted with the application.
c. Application. Applications for tentative plats shall be in accordance with Development Standard No. 2-03.0. Only complete applications will be accepted for processing.
d. Notice of an FLD application. Public notice that a tentative plat application for an FLD has been filed and accepted for review shall be sent within five (5) days after acceptance of the application. The notice shall comply with the following:
1. The notice shall include pertinent information about the proposed project, such as name; location; case number; type of development; site size; residential density; number of stories; maximum density bonus (if applicable); amenities; where the plat can be viewed by the public; and the address and telephone number of the planning and development services department (PDSD). Such notice shall contain a sentence indicating that any person may request further notification of actions concerning the FLD. A minimum period of twenty (20) working days from the date the notice is sent will be provided for response.
2. The notice shall be sent to the following:
(a) All owners of property located within three hundred (300) feet of the Flexible Lot Development (FLD) site (any public rights-of-way abutting the (FLD) site are excluded from the measurement).
(b) At least two (2) designated representatives of any neighborhood association registered with the city and located within one (1) mile of the FLD site.
(c) Any other person determined by the planning and development services department (PDSD) director to be affected by the proposed (FLD).
e. Review. Tentative plats are reviewed by the community design review committee (CDRC) for compliance with city regulations in accordance with Development Standards No. 1-03.0 and 2-03.0.
f. Approval. As provided in the Land Use Code (LUC), section 4.1.6.1, and excepting FLD tentative plats, the planning and development services department (PDSD) director shall approve the tentative plat within five (5) days of receiving notification of approval from all community design review committee (CDRC) members, provided the zoning of the property permits the proposed use of the property. If the use of the property as proposed on the plat is subject to the adoption of a rezoning ordinance or includes property in a resource overlay zone that is subject to the PDSD full review procedure in section 23A-51, the tentative plat cannot be approved until the effective date of the rezoning ordinance as provided in the LUC, section 4.1.6.1 or approval pursuant to 23A-51 or appeal thereof. If the tentative plat is for an FLD, the tentative plat can not be approved until notice is mailed to those entitled to notice and the time for appeal has expired in accordance with 23A-33.1(1)(g).
Upon notice that the tentative plat is approved, the applicant shall submit the number of copies of the tentative plat required by the planning and development services department (PDSD) for placement of the approval signature. A copy of the signed version will be sent to the applicant for submittal with grading plans and other development applications for this development site. The final plat, the grading plan, and other building permit applications will be reviewed by staff for conformance with the signed version of the tentative plat.
g. Notice of decision; appeal of FLD decision. Written notice of the decision shall be issued to the applicant. The notice shall include the date of approval and the expiration date of the tentative plat approval period as provided in the Land Use Code (LUC), section 4.1.7.
If the tentative plat is for an FLD, notice of the decision shall be mailed to all persons entitled to notice of this application. The decision of the director may only be appealed to the mayor and council on the grounds that the decision is not in conformance with the criteria established by the LUC. The notice of intent to appeal shall be in accordance with section 23A-62 and shall be filed with the city clerk no later than fourteen (14) days after the date of the decision. The complete appeal materials must be filed within thirty (30) days of the decision.
h. Review after expiration of approval. Review of plats with expired approval dates shall be in accordance with section 4.1.7.5 of the Land Use Code (LUC).
(2) Final plat review. All proposed subdivisions, including minor subdivisions, require the review and approval of a final plat. The final plat shall substantially conform to the approved tentative plat and be prepared in accordance with final plat requirements set forth in Development Standard No. 2-03.0.
a. Pre-application conference. A pre-application conference with planning and development services department (PDSD) staff is encouraged but is not required, unless the application is for a minor subdivision plat.
b. Application. Submittal of an application shall be in accordance with Development Standard No. 2-03.0. The final plat may be submitted prior to, or concurrent with, the tentative plat in accordance with criteria set forth in the development standard.
c. Review. Final plats are reviewed by the community design review committee (CDRC) in conformance with Development Standards 1-03.0 and 2-03.0.
1. As provided by the Land Use Code (LUC), section 4.1.7, the applicant has one (1) year from the date of tentative plat approval to secure approval and have the final plat recorded. This time period provides the applicant one (1) year within which to complete the platting process under the regulations in place at the time of tentative plat approval. Should the approval not be secured within the required timetable, the tentative plat and final plat shall be revised to comply with regulations at the time of re-submittal. The re-submittal initiates a new one (1) year time period. Refer to the LUC, section 4.2.5, for expiration dates on minor subdivisions.
2. Extensions to the time period may be granted in accordance with section 4.1.7.4 of the Land Use Code (LUC).
d. Director's recommendation. Upon recommendation of approval from all the community design review committee (CDRC) members, the PDSD director shall forward the final plat to mayor and council for consideration. If the plat is dependent on the adoption of a rezoning ordinance, mayor and council consideration of the plat shall be scheduled for the same agenda as, or on an agenda following, the mayor and council consideration of the rezoning ordinance.
e. Mayor and council consideration. The mayor and council consider the application for final approval in a public meeting. Mailed notice of the meeting is provided to the applicant and to all parties who have requested notice.
f. Notice of decision. A notice of the mayor and council's decision shall be provided by the city clerk to the applicant and any party requesting such notice.
g. Recordation of plat. The city clerk shall forward the final plat documents to the Office of the Pima County Recorder for recordation within five (5) days after approval of a final plat by mayor and council. If the use of the property proposed through the plat is dependent on the adoption of a rezoning ordinance, the recordation shall occur within five (5) days after the effective date of any change in zoning.
The subdivider shall pay the recording fees as specified by the Office of the Pima County Recorder. In addition to the recording fees, the subdivider shall pay the cost of providing reproducible copies of the recorded final plat to the city engineer, Tucson Water, county recorder, county assessor, and county addressing coordinator.
(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10636, § 19, 2-24-09, eff. 3-28-09; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)
Minor subdivision platting requirements are established by the Tucson Code, Chapter 23, Land Use Code (LUC), Article IV, Division 2.
(1) Application and review. The application and review procedures for minor subdivision applications shall be the same as for final plats, as provided in section 23A-45(2) of this division.
(2) Land survey exception. A minor subdivision may be recorded as a land survey instead of a tentative or final plat provided assurances acceptable to the director are provided for any required infrastructure. A subdivider shall have one (1) year to obtain approval and record the survey under the regulations in place at the time of application. Should the one (1) year review period expire prior to the plat being recorded, the review of the project shall be as provided in Article IV of the LUC.
(Ord. No. 9967, § 9, 5-17-04)
The procedure for review of land splits for compliance with the requirements of the Tucson Code, Chapter 23, Land Use Code (LUC), Article IV, Division 3, shall be as provided below. Applications filed under this procedure require review and decision by the planning and development services department (PDSD) director or designee for conformance with LUC requirements.
(1) Application. Applications are submitted to the planning and development services department (PDSD) and shall be accepted as complete or rejected as incomplete within two (2) days. Application requirements shall be established by the PDSD director and shall include the information required under the Land Use Code (LUC), section 4.3.3.1, and as listed below.
a. A completed application form.
b. A drawing or sketch showing the proposed land split. The drawing or sketch should be fully dimensioned and prepared at a scale that maintains legibility. The drawing or sketch shall show the following information:
1. The boundaries of the original parcel or lot prior to the land split.
2. The proposed lots.
3. The rights-of-way adjacent to or within the property, including streets and easements.
4. The locations and dimensions of any existing structures.
5. The setbacks of existing buildings from existing and proposed property lines.
6. The land area of each proposed lot in square feet or acreage.
7. Access to all proposed lots in compliance with section 3.2.14.5 of the Land Use Code (LUC).
8. Whether there is any shared use of facilities between properties.
c. Documentation of the land division history of the parcel. Documentation may consist of assessor's maps and records, deeds, title history search, or any other information that would credibly show the number of land divisions that have occurred from the original parcel over the last twenty (20) years or from the date of annexation if the annexation occurred within the last twenty (20) years.
d. If applicable, a copy of any easement agreement or other legal document that permits shared facilities. For specific information on the preparation of the drawing or sketch and other submittal requirements, refer to Development Standard 2-03.0 for land splits.
(2) Review. Review is conducted by planning and development services department (PDSD) staff for implementation of provisions of the Land Use Code (LUC) on land splits, including the determinations provided in section 4.3.3.2 of the LUC and applicable requirements from state law.
(3) Planning and development services department (PDSD) director's decision. The planning and development services department (PDSD) director shall base the approval or denial of an application on the findings listed in the Land Use Code (LUC), section 4.3.3.3. Such decision shall be issued within ten (10) days of acceptance. As provided in the LUC, section 4.3.3.3.D, if a decision is not issued within the ten-day period, the land split shall be deemed not to constitute a subdivision.
(4) Appeal. The applicant may appeal the planning and development services department (PDSD) director's decision within fourteen (14) days of the date of decision. The appeal shall be considered in accordance with the board of adjustment appeal procedure, section 23A-61.
(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)
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