Sec. 23A-40. Limited notice procedure.

Special zoning reviews which involve minor modifications to design criteria or minor construction subject to design review shall be conducted in accordance with the following general procedures. These procedures provide limited notice to parties who may be affected by the development. It is the responsibility of the applicant to provide full and complete information on the project in a timely manner and the responsibility of the affected parties to provide comments to the applicant and/or the city in a timely manner. Limited notice procedures apply to certain design development options (DDO), approval of resident artisan uses and requests for demolition of contributing, nonhistoric structures in historic districts, special exception uses approved by the PDSD director, "PDSD special exceptions," and modification to certain development regulations in the RND Zone.

   (1)   Eligibility for limited notice procedure. The director shall determine whether a proposed development qualifies for the limited notice procedure based upon the following.

   a.   There is a minor change in the development criteria that is requested.

   b.   There are few, if any, changes in the physical attributes of the property.

   c.   There is a potential for impact upon the neighborhood or the adjacent properties.

   d.   Where there are commercial and office developments, a--c above shall apply and there is a benefit to area properties from the proposed redevelopment of the property.

   e.   There is a PDSD special exception land uses designated in the LUC.

   f.   There is a request for a modification of development requirements (MDR) in the RND overlay zone in accordance with LUC section 2.8.10.8.

   (2)   Pre-application conference. A pre-application conference with city staff to review requirements for the proposal under this chapter, the LUC, development standards and other applicable policies and regulations is encouraged on all limited notice procedure applications.

   (3)   Pre-application neighborhood contact. The applicant is encouraged to meet with the property owners who are entitled to notice of the application, the neighborhood association that includes the site and other interested parties prior to submittal of the application to explain the proposed development and potential impacts.

   (4)   Application. Applications shall conform to the requirements set forth in the LUC, this chapter and appropriate development standards and shall show the impact upon adjacent properties. Upon submittal of the application for minor HPZ review, a copy shall be provided to the designated member of the historic district advisory board and the designated member of the TPHC plans review subcommittee for review and comment.

   (5)   Notice of submittal of the application. Notice of the application shall be provided to property owners within fifty (50) feet of the subject site and to the neighborhood association that includes the subject site.

   (6)   Public comment period. There shall be a period of ten (10) days following the date on which notice is provided for submission of comments on the proposal to the planning and development services department.

   (7)   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.

   (8)   Decision by the director. The director shall decide whether to approve or deny an application no earlier than one (1) day after the expiration of the public comment period and no later than ten (10) days after the expiration of the public comment period. The director may impose conditions for approval of the application or may decide to require that the application proceed through the procedure in accordance with Division 3 of this chapter.

   (9)   Notice of the decision. The director shall notify the applicant and parties of record in writing of the decision within three (3) days of the decision.

   (10)   Appeal to the board of adjustment. A party of record may submit an appeal of the 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 five (5) days after the notice of decision. The complete appeal materials must be filed within thirty (30) days of the decision.

   (11)   Waiver of comment, notice of the decision and right to appeal. The time period for public comment, for notice of the decision and for the filing an appeal may be waived if the applicant provides written documentation that all parties of record have waived one or more of these provisions.

   (12)   Failure to adequately describe the project. If, upon receiving a complaint, the zoning administrator determines that the notice required by this section, failed to accurately or adequately describe the proposed development in a manner that substantially affects other property owners, the zoning administrator may determine that the approval is invalid and that the application must obtain a new approval through the limited notice procedure in accordance with Division 3 of this chapter. The zoning administrator's decision to invalidate an approval may be appealed by the applicant to the board of adjustment in accordance with [section] 23A-61.

(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10295, § 2, 6-27-06; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)

Secs. 23A-41--23A-49. Reserved.

DIVISION 3. SPECIAL ZONING REVIEW--FULL NOTICE PROCEDURE

Special zoning reviews which require the full notice procedure involve PDSD director decisions on development applications in resource overlay zones, applications for variances before the board of adjustment and certain special exception uses that are decided by the zoning examiner, the "zoning examiner special exceptions", and mitigation plans for certain restaurants serving alcohol. This procedure provides broad notice to parties who may be affected by the development. It is the responsibility of the applicant to provide full and complete information on the project in a timely manner and the responsibility of the affected parties to provide comments to the applicant and/or the city in a timely manner. This procedure applies to applications as specified in the LUC and include the following.

(Ord. No. 10387, § 4, 4-10-07; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)

Sec. 23A-50. Application, notice, public comment and review.

An application for and review of a special zoning request that requires full notice procedure shall comply with the following.

   (1)   Pre-application conference. A pre-application conference with city staff to review requirements for the proposal under this chapter, the LUC, development standards and other applicable policies and regulations is required on all full notice procedure applications.

   (2)   Neighborhood meeting. The applicant shall offer to meet at a specified time and place to discuss the proposed project with the persons and entities entitled to notice of the application. 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.

   (3)   Application. Applications shall conform to the requirements set forth in the LUC, this chapter and appropriate development standards. An application is accepted or rejected within seven (7) days of the date of receipt unless the applicant consents to additional time. An application may, in the discretion of the director, be conditionally accepted.

   (4)   Public notice of the application. Applications for full notice procedure shall be provide public notice as follows.

   a.   Mailed notice.

   1.   Shall be sent to the applicant, public service agencies affected by the application, all property owners within the subject site and within three hundred (300) feet of the subject site, the neighborhood association(s) which includes or are within one (1) mile of the subject site, any person or organization that has filed a request and paid a fee to receive notification of public meetings and hearings on a particular process and any other person the director determines has an interest in the matter.

   2.   Property owners shall be determined from the records of the Pima County Assessor that are available to the public no more than forty-five (45) days prior to the application or public hearing.

   3.   Shall be provided to all parties of record on a previous hearing on the same application and to other affected property owners as required by each process.

   4.   Shall be sent whether or not the properties are within the corporate limits of the city.

   5.   Adjoining land under the same ownership as the subject site and public right-of-way abutting the site shall be included as part of the subject site in determining the boundaries from which the notice area is measured.

   6.   For sites within the Airport Environs Zone (AEZ), notice shall be provided to the Tucson International Airport or to the Davis Monthan Airforce Base, whichever is applicable.

   b.   Posted notice. Notice shall be posted in such locations on the subject property as to be visible to the public. The posted notice shall identify the request, the date, time and location of any public comment period or public hearings and a telephone number for the city and the applicant where further information may be obtained.

   (5)   Public comment period. There shall be a period of twenty (20) days following the date on which notice is mailed for submission of comments on the proposal to the planning and development services department.

   (6)   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.

   (7)   Denial of plan compliance appeal. if an application is rejected because it is not consistent with the general plan or any applicable specific plan, the rejection of the application may be appealed by the applicant to the mayor and council in accordance with [section] 23A-62.

(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)

Sec. 23A-51. PDSD full notice procedure.

This procedure applies to approvals within overlay zones, such as, but not limited to, the Hillside Development Zone (HDZ), Scenic Corridor Zone (SCZ), Environment Resource Zone (ERZ) and Historic Preservation Zone (HPZ). This section does not apply to applications for development subject to the Major Streets and Routes Setback Zone or the Gateway Corridor Zone, to the Rio Nuevo and Downtown Development (RND) Zone or the Drachman School Overlay (DSO) Zone. This procedure also applies to development applications subject to the watercourse, amenities, safety and habitat (WASH) regulations in section 29-12 et seq. and approvals of mitigation plans for certain restaurants serving alcohol.

   (1)   Application, notice, public comment and review. The pre-application conference, neighborhood meeting, application, notice, public comment, review and denial of plan appeal shall be in conformance with section 23A-50.

   (2)   Maintenance and protection. Prior to approval of a subdivision plat or issuance of building permits, such measures as covenants, assurances, or homeowners' associations, as may be necessary to ensure the long-term maintenance and control measures, may be required.

   (3)   Alteration of the property prohibited. No grubbing, grading, excavation or construction shall occur nor shall the city issue any approval or permit for grubbing, grading, excavation or construction on any lot or parcel subject to the overlay zone unless and until the city approves a plat or plan in conformance with this chapter, the LUC and the development standards.

   (4)   WASH development. Development subject to the watercourse, amenities, safety and habitat (WASH) regulations in section 29-12 et seq. shall be subject to review and approval in accordance with the PDSD full notice procedure, section 23A-51, and to the standards for review set forth in section 29-17.

   (5)   Time for issuance of decision. The director shall not make any decision prior to the expiration of the twenty-day period for public comment. The director shall make a decision on applications no later than twenty (20) days after the expiration of the comment period or five (5) days after the latest recommendation from a city advisory board, whichever is later.

   (6)   Notice of decision. Notice of the decision on an application shall be mailed within three (3) days of the decision to all persons entitled to notice of the application.

   (7)   Appeal. The decision of the director may 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. A copy of the appeal shall be provided to the director at the time it is filed.

   (8)   Site inspection. Prior to the issuance of an occupancy permit, the site will be inspected by the planning and development services department (PDSD) for compliance with the plans approved for the issuance of building permits and any changes authorized by the PDSD director to those approved plans during construction.

(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10387, § 4, 4-10-07; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)