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A. Findings for all PDSD
and Zoning Examiner Special Exceptions
To grant a special exception the PDSD
and the Zoning Examiner must find that the requested special exception:
1. Meets the standard expressly applied by all adopted by all codes and regulations for that type of
or for the
class applicable to the proposed use;
2. Does not adversely affect
or the surrounding neighborhood or that such adverse effects can be substantially mitigated through the use of additional conditions as provided in Section 3.4.6;
3. Provides for adequate and efficient vehicular and pedestrian access and circulation and vehicular parking;
4. Can be adequately and efficiently served by public facilities and services, such as water, storm water drainage, fire and police protection, and solid and liquid waste disposal and/or collection as may be required by the various public and private agencies; and,
5. Complies with the
and any applicable sub-regional, area, or neighborhood plan.
A. Authority to Apply Conditions
In approving an application, the PDSD
, the Zoning Examiner, or the Mayor and Council may impose such reasonable and appropriate conditions and safeguards as are be necessary to ensure compliance with the criteria for approval. Conditions and safeguards may also be imposed to reduce or minimize any potentially injurious effects on
properties; the character of the neighborhood; or the health, safety, or general welfare of the community. Such conditions may include, but are not limited to:
1. Structural or vegetative screening greater than that required by the
and screening standards of the
to buffer the surrounding
from the proposed use;
2. Limitations on the height, size, or illumination of signs more restrictive than the applicable requirements of the Tucson Sign Code;
3. Limitations on the conduct of the proposed use, such as, but not limited to, hours of operation, or use of loudspeakers or external lighting, as necessary to protect
; and,
4. Dedication of necessary
for
, alleys, drainageways, and
.
All rezoning ordinances require compliance with one or more conditions of rezoning including substantial compliance with the preliminary
submitted in support of the rezoning application. The three types of rezoning ordinances, all considered final actions, are as follows.
A.
Permit
This is the standard type of rezoning ordinance. In addition to other conditions of rezoning, a
permit rezoning ordinance requires issuance of a
permit for construction of the principal (s) on the rezoning
to effectuate the rezoning. Permits issued for
, electrical,
, patio walls, fences, storage
, and other similar types of
will not effectuate the rezoning. The
permit must be secured within the time period allowed for the rezoning case. If all conditions of rezoning are met prior to expiration of the rezoning approval, the new zoning becomes effective, and the zoning map is changed to reflect the new zoning.
B.
1. This type of rezoning ordinance requires compliance with the conditions of rezoning, including the completion of the rezoning process through the recordation of a
. Where the
demonstrates compliance with the conditions and the
is approved and recorded within the time period allowed, the new zoning becomes effective, and the zoning base maps are changed to reflect the new zoning.
2. The use of this type of ordinance is generally limited to single-
residential
, where division of
is such that the property cannot be used for other purposes without replatting. Staff may recommend the use of this type of ordinance for other forms of
where, in staff’s opinion, the same intent can be accomplished. In such instances where there is a
approved for the
, and the
is a large multi-use
with phased construction, the
can be a
(or master)
, with each
encompassing each
area.
3. Under this option, a rezoning ordinance may be forwarded to the Mayor and Council based on an approved tentative
, provided it can be shown that all conditions of rezoning have been met, with the exception of the recordation of the
. The effectuation of the rezoning is subject to the recordation of the final
prior to the expiration of the time period applicable to the rezoning. Although an ordinance may be adopted based on the approved tentative
, no permits may be issued on the
until the
has been recorded and the new zoning has become effective.
C.
Inspection
This type of rezoning ordinance applies to those rezoning applications where the eventual
to the property do not require the issuance of a
permit or the recordation of a
. The rezoning ordinance requires conditions of rezoning, including the requirement that a
inspection be conducted to verify that the Mayor and Council conditions of rezoning have been met. The purpose of the
inspection is to verify that
have been installed on the rezoning
within the time period allowed, in accordance with an approved
. Once the
is inspected and compliance is confirmed, the new zoning becomes effective, and the zoning base maps are changed to reflect the new zoning.
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