3.5.2. TYPES OF REZONING ORDINANCES

   All rezoning ordinances require compliance with one or more conditions of rezoning including substantial compliance with the preliminary site plan submitted in support of the rezoning application. The three types of rezoning ordinances, all considered final actions, are as follows.

   A.   Building Permit

   This is the standard type of rezoning ordinance. In addition to other conditions of rezoning, a building permit rezoning ordinance requires issuance of a building permit for construction of the principal structure(s) on the rezoning site to effectuate the rezoning. Permits issued for grading , electrical, sidewalks , patio walls, fences, storage buildings , and other similar types of improvements will not effectuate the rezoning. The building 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.   Subdivision  Plat

      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 subdivision  plat . Where the plat demonstrates compliance with the conditions and the subdivision  plat 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-family residential projects , where division of lots 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 development where, in staff’s opinion, the same intent can be accomplished. In such instances where there is a site plan approved for the project , and the project is a large multi-use development with phased construction, the subdivision  plat can be a block (or master) subdivision  plat , with each block encompassing each land use area.

      3.   Under this option, a rezoning ordinance may be forwarded to the Mayor and Council based on an approved tentative plat , provided it can be shown that all conditions of rezoning have been met, with the exception of the recordation of the plat . The effectuation of the rezoning is subject to the recordation of the final plat prior to the expiration of the time period applicable to the rezoning. Although an ordinance may be adopted based on the approved tentative plat , no permits may be issued on the project until the plat has been recorded and the new zoning has become effective.

   C.   Site Inspection

   This type of rezoning ordinance applies to those rezoning applications where the eventual improvements to the property do not require the issuance of a building permit or the recordation of a subdivision  plat . The rezoning ordinance requires conditions of rezoning, including the requirement that a site inspection be conducted to verify that the Mayor and Council conditions of rezoning have been met. The purpose of the site inspection is to verify that site  improvements have been installed on the rezoning site within the time period allowed, in accordance with an approved site plan . Once the site is inspected and compliance is confirmed, the new zoning becomes effective, and the zoning base maps are changed to reflect the new zoning.

3.5.3. ZONING EXAMINER LEGISLATIVE PROCEDURE

   A.   Applicability

   The Zoning Examiner legislative process includes both Zoning Examiner review and Mayor and Council actions. The following applications are processed in accordance with the Zoning Examiner Legislative Procedure:

      1.   Original City zoning for newly annexed areas;

      2.   Amendments to the zoning of specific properties including changes in the zoning classifications (rezoning);

      3.   Rezonings to the Planned Area Development (PAD) zone (see Section 3.5.5 for additional requirements);

      4.   Rezonings to the Planned Community District (PCD) (see Section 3.5.6 for additional requirements);

      5.   Rezoning of properties to establish an overlay zone (e.g., Neighborhood Preservation Zone and Urban Overlay District); and,

      6.   Certain special exceptions.

   B.   Pre-Application Conference Required

      1.   A pre-application conference with City staff is required in accordance with Section 3.2.1.

      2.   City staff will also make a preliminary determination of whether the proposal complies with the goals and policies of the General Plan and any applicable Specific Plan , including Area and Neighborhood Plans. The applicant may request that the PDSD Director provide the determination of plan compliance in writing prior to submittal of an application.

      3.   Review is on a conceptual basis, therefore, comments made at a pre-application conference are advisory and do not constitute approval or denial of the project .

   C.   Neighborhood Meeting Required

      1.   The applicant shall offer to meet at a specified time and place to discuss the proposed project in compliance with Section 3.2.2. For rezonings initiated by the Mayor and Council, a neighborhood meeting may be conducted as part of a broader public outreach process facilitated by the PDSD and other departments as needed.

      2.   For Concurrent Plan Amendment and Rezoning Applications, a representative of PDSD staff shall attend the Neighborhood Meeting to provide an overview of the Concurrent Plan Amendment and Rezoning process and the area and/or neighborhood plans affected.

      3.   Exception. For the designation or amendment to a Historic Preservation Zone , the offer to meet shall be made no more than one year before the Zoning Examiner public hearing;

   D.   Application Requirements

      1.   General

      See the Administrative Manual for application submittal requirements. Applications are reviewed for completeness in compliance with Section 3.2.3.A.

      2.   Initiation

      A rezoning may be initiated by the property owner or the owner’s agent upon submittal of a written application to amend the zoning on the property. A rezoning may also be initiated by a majority vote of the Mayor and Council.

      3.   Plan Amendment Determination

      Rezoning applications must be in conformance with adopted plan policies before a rezoning application may be accepted for processing. A determination of plan compliance shall be made in one of the following three ways.

      Rezoning applications must be in conformance with adopted plan policies before a rezoning application may be accepted for processing; except for Concurrent Plan Amendment and Rezoning Applications, as provided in Section 3.5.3.D.3.d below. A determination of plan compliance shall be made in one of the following three ways.

         a.   Plan Compliance Determination

            (1)   Prior to submittal of a rezoning application, the PDSD Director will provide the applicant with a preliminary determination of plan compliance at the pre-application conference.

            (2)   Prior to submittal of a rezoning application, the applicant may request in writing that the PDSD Director provide a written determination of plan compliance.

         b.   Determination by the PDSD after Application for Rezoning

         Upon submittal of an application for rezoning, the PDSD Director shall provide a written determination of land use plan compliance to the applicant. If the proposal is found to comply with the applicable plans, the rezoning application is formally accepted. If the Director determines a plan amendment is necessary, no further formal processing of the application may occur until the applicant requests a plan amendment in accordance with Section 3.6, Land Use Plan Adoption and Amendment Procedures. A written notice of decision shall be provided if it is determined that a plan amendment is required.

         c.   Appeal of Plan Amendment Determination

   The PDSD Director ’s decision that a plan amendment is required may be appealed to the Mayor and Council. The appeal must be submitted in writing to the PDSD within ten days of the effective date of the PDSD Director ’s decision. Appeals shall be processed in accordance with Section 3.9.2, Mayor and Council Appeal Procedure. An appeal stays all processing until the appeal is heard and decided.

         d.   Applicant's Option for Concurrent Plan Amendment and Rezoning Applications

            In any instance where the PDSD Director determines that a plan amendment is necessary for a rezoning application to proceed, the applicant may elect to proceed with concurrent applications for a plan amendment and rezoning. An applicant who elects to proceed with concurrent plan amendment and rezoning applications shall submit documentation to PDSD of the intent to utilize this option prior to the required combined Neighborhood Meeting, and is responsible for all fees associated with each process, and the applications are subject to all of the requirements of each process, unless stated otherwise. An applicant who elects to proceed with concurrent applications is deemed to acknowledge that the rezoning application cannot be approved unless the plan amendment application is approved; and that approval of the plan amendment application does not guarantee approval of the rezoning application, which is a separate legislative decision.

         4.   Staff will determine whether a zoning application is administratively complete within 30 days after receiving an application.

            a.   If the application is not administratively complete, staff will provide notice to the applicant, either in writing or electronically, including a comprehensive list of the specific deficiencies.

            b.   An application will not be deemed administratively complete until all requested information has been received by the City.

            c.   Staff will determine if a re-submitted application is complete within 15 days of resubmittal. The City will follow the procedures prescribed in A.R.S. 9-835(E), until the incomplete application is deemed administratively complete. An application will be considered withdrawn, if by 15 days after the date of the notice of deficiencies in subsection a. above or any subsequent notice of deficiencies, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the 15 days.

            d.   The above requirements do not apply to land that is designated as a Historic Landmark, Historic Preservation Zone, an area that is designated as historic on the National Register of Historic Places, or Planned Area Developments.

   E.   Notice of Application

   Notice is required as follows:

      1.   Mailed Notice

         a.   Notice must be sent to those individuals and neighborhood associations in accordance with Section 3.2.4.B.6. Notice shall also be sent to all parties of record on a previous hearing on the same application.

         b.   See Section 3.2.4.B.3 for the mailed notice’s content requirements.

      2.   Posted Notice

      Notice shall be posted on the subject site in accordance with Section 3.2.4.F, Posted Notice.

   F.   Review

   Review is conducted by the PDSD staff and other agencies, committees or advisory boards as required by the UDC and as may be deemed appropriate by the PDSD Director .

   G.   Changes to the Rezoning Application

   If the applicant proposes changes to the rezoning application, including any supporting materials, after the application has been accepted for processing, the PDSD Director shall determine whether or not the proposed changes are significant enough to require additional staff or agency review.

      1.   If the changes require additional review, the changes may be accepted only if the revised application is submitted prior to the legal advertisement and public notification of the public hearing and the changes are accompanied by the applicant’s written consent to begin anew the process from the date of submittal of the revised application.

      2.   Upon submitting a significant change to the rezoning application, the applicant shall also submit a signed letter waiving the 70-day public hearing requirement to allow for proper staff evaluation of the new information.

      3.   Once the public hearing has been advertised, any request to delay the public hearing or to change the application must be submitted to the Zoning Examiner for determination. If the public hearing is delayed, the applicant shall remit to the City an additional rezoning public notice label fee to provide mailed notice to neighbors of canceled public hearing and the rescheduled public hearing date), and an additional public hearing legal advertisement fee. If the rescheduled public hearing date cannot be determined when the notice of cancellation is mailed to neighbors, a second public hearing notice label fee must be paid by the applicant to provide the required notice to the neighboring property owners.

   H.   Planning and Development Services Department (PDSD) Recommendation

   After City departments and public service agencies have reviewed and provided comment on the application, a staff report is prepared by the PDSD. The report is distributed to the Zoning Examiner and the principals named in the application. Owners of property located within 400 feet of the rezoning site are notified of the public hearing and provided a web link to the staff report and other materials associated with the case. The staff report and the notice of public hearing are made available to the public at least 15 days prior to the public hearing.

   I.   Public Hearing

      1.   Applications reviewed under this procedure are considered by the Zoning Examiner at a public hearing(s) for recommendation to the Mayor and Council.

      2.   Original City Zoning 

      Upon the effective date of annexation of property into the City , the City may adopt original City zoning or may continue the existing county zoning for a period not to exceed six months. The original City zoning shall only be initiated by the Mayor and Council. Notice of initiation must be provided in conformance with A.R.S. § 9-462.04.A and the notice requirements of Section 3.2.4. A case that establishes original City zoning may be initiated any time after the filing of a blank petition for annexation of the subject property with the office of the Pima County Recorder in accordance with state law.

      3.   Zoning Examiner Public Hearing

      The Zoning Examiner shall hold a public hearing on behalf of the Mayor and Council on applications for a change of zoning and on applications for Mayor and Council Special Exception Land Uses in accordance with the Zoning Examiner's Rules and Procedures and as provided below. The public hearing procedures set forth in this section is used for both types of applications. The public hearing must be held within 70 days of acceptance of the application, except for applications for original City zoning. For Concurrent Plan Amendment and Rezoning applications the public hearing must be held within 180 days of acceptance of the application.

         a.   Conduct of the Public Hearing

            (1)   The Zoning Examiner is empowered to obtain information from all parties and interested persons , including public agencies, prior to the public hearing, provided all requests for information are in writing and the request and information are included as part of the public record. The Zoning Examiner also has the authority, after the close of the public hearing, to obtain additional information or clarification of information that has been presented. Any such request shall be in writing and the request and response shall be included as part of the record or report to the Mayor and Council. The Zoning Examiner may close the public hearing, or may continue the hearing to a specified date, time and place. However, a continuance may not be for more than 30 days .

            (2)   Except as permitted in subsection (1) above, the Zoning Examiner shall not communicate, directly or indirectly, with any party , any party ’s representative or any interested person in connection with any issue involved with a particular request, except upon notice and opportunity for all parties to participate, or, use, or rely upon any communication, report, staff memorandum, or other material prepared in connection with the particular case, unless it is made part of the record. Any and all written information received by the Zoning Examiner in the case must be made a part of the record. The Zoning Examiner may inspect the site provided all parties are given an opportunity to be present.

         b.   Zoning Examiner’s Preliminary Recommendation

         The Zoning Examiner shall issue a report with preliminary findings and a preliminary recommendation within five days after the close of a hearing. The preliminary recommendation is provided to the applicant, the PDSD Director and to any person who has requested a copy of the preliminary recommendation.

         c.   Reconsideration

         Any party of record may request that the preliminary recommendation be reconsidered or that the public hearing be reopened if there are errors of fact or procedure. The request shall state the alleged errors of fact or procedure and must be submitted to the Zoning Examiner within five days after the date of the preliminary recommendation. The Zoning Examiner must take action on the request within five days following the receipt of a request for reconsideration. Action on the request includes revising the preliminary recommendation, reopening the public hearing, or denying the request.

         d.   Final Recommendation

         Within 14 days (or 19 days if a reconsideration of the preliminary recommendation is requested in accordance with Section 3.5.3.J.3.c) following the close of the public hearing or the re-opened public hearing, the Zoning Examiner shall issue and transmit a final recommendation to the Mayor and Council for final action. If the Zoning Examiner determines that minor corrections to the preliminary recommendation are appropriate in response to a request for reconsideration, such corrections may be incorporated into the final recommendation without further proceedings. No further requests for reconsideration are permitted. If the Zoning Examiner determines that a significant change to the preliminary recommendation is appropriate, the public hearing must be reopened with notice provided to all persons who received the previous preliminary recommendation.

         e.   Reopening of the Public Hearing

         If the public hearing is reopened, the new hearing must be held within 40 days of the close of the last public hearing. Notice of the reopened hearing is the same as the notice for the original public hearing. If the public hearing is reopened at the request of a party , or to consider new information from a party , the Zoning Examiner may require that the party pay the costs for the re-opened public hearing. At the conclusion of the reopened hearing, the issuance of a preliminary recommendation, the time period for reconsideration, the issuance of a final recommendation and the time periods for each shall be the same as for the original hearing.

         f.   Mayor and Council Public Hearing Request

         Any person may request that the application be heard at a public hearing before the Mayor and Council if the request is filed with the City Clerk within 14 days after the date of the Zoning Examiner’s public hearing or reconsideration public hearing. The Mayor and Council may also decide to conduct a public hearing without a specific request. If a public hearing is requested, notice must be provided in the same manner as the notice provided for the Zoning Examiner’s public hearing.

   J.   Mayor and Council Action

      1.   Mayor and Council Public Hearing Request

      Any person may request that the application be heard at a public hearing before the Mayor and Council if the request is filed with the City Clerk within 14 days after the date of the Zoning Examiner’s public hearing or reconsideration public hearing. The Mayor and Council may also decide to conduct a public hearing. If a public hearing is requested, notice must be provided in the same manner as the notice provided for the Zoning Examiner’s public hearing.

      2.   Authorization for Change of Zoning (Rezoning)

      Where a change in zoning is requested based upon a preliminary site plan , the Mayor and Council may make a preliminary determination to authorize the applicant to proceed with the case.

         a.   Authorization for the Application to Proceed

         A vote by the Mayor and Council to authorize a change of zoning case constitutes authorization for the applicant to proceed, subject to the applicant’s subsequent demonstration of compliance with any special conditions that may have been established by the Mayor and Council. Unless the Mayor and Council state a shorter time period, the applicant must complete all conditions of approval within five years from the date the request is authorized.

         b.   Discretion of the Mayor and Council

         An authorization for a change of zoning is preliminary and does not in any way limit the legislative discretion of the Mayor and Council to determine whether or not to adopt a change of zoning ordinance or to add conditions thereto at the time an ordinance is presented for adoption. Authorization does not establish any vested right to the authorized zoning prior to ordinance adoption.

      3.   Direct Ordinance Adoption

      Where a change of zoning application includes a site plan or a proposed plat that provides sufficient specific details to demonstrate compliance with all conditions that may be required by the Mayor and Council and is in compliance with this Section, the application may proceed from staff review to Mayor and Council ordinance adoption without a separate Mayor and Council authorization to proceed with the application.

         a.   Mayor and Council Actions

         The Mayor and Council shall consider the change of zoning application, the Zoning Examiner’s recommendation, and the City Manager’s recommendation in a public meeting or a public hearing. The Mayor and Council may authorize the case to proceed; may modify, delete or add to the proposed conditions for approval; may remand the case to the Zoning Examiner for further proceedings; may adopt an ordinance changing the zoning, deny the application; or may take other appropriate action.

         b.   Davis Monthan AEZ Comments

         If Davis Monthan Air Force Base submits comments to the City on any application concerning the compatibility of the proposed rezoning with the high-noise, accident potential zone , or approach-departure corridor that may have an adverse impact on the operation of the base or upon public health and safety, a public hearing shall be held to consider these and other comments per requirements of the A.R.S.

      4.   Mayor and Council Adoption of the Change of Zoning

         a.   If an application substantially demonstrates compliance with the conditions for a change of zoning, staff shall prepare an ordinance to be submitted to the Mayor and Council for adoption enacting the change in zoning.

         b.   For a project that is to be completed in phases, the Mayor and Council may adopt a separate ordinance for each phase of the project , but only if each phase submitted for approval can meet all required conditions and codes without reliance on future phases.

      5.   Voting Requirements for Adoption of Ordinance

      Ordinance adoption of a change of zoning is granted by a simple majority vote of the governing body unless the requirements of A.R.S. 9-462.04(H) are met. If the requirements of A.R.S. 9-462.04(H) are met, then a three-fourths vote of the governing body is required for adoption of the ordinance.

         a.   The entire area of the lot or lots within the subject site ; or,

         b.   Property in any one of the following quadrants: north, south, east, west, that is located within 150 feet of the rezoning site , excluding public right-of-way  abutting the subject site .

         c.   Mayor and Council Action Timeline

            (1)   The Mayor and Council shall approve or deny the application within 180 days of the determination that the application is administratively complete.

            (2)   For extenuating circumstances, the PDSD Director may grant a onetime extension of not more than 30 days.

            (3)   If an applicant requests an extension, the PDSD Director may grant extensions of 30 days for each extension granted.

            (4)   The requirements of subsections (1), (2) and (3) above do not apply to land that is designated as a Historic Landmark, Historic Preservation Zone, an area that is designated as historic on the National Register of Historic Places, or Planned Area Developments.

      6.   Ordinance Effective Date

      Ordinances granting changes in zoning are, by state statute, subject to referendum and shall not become effective until 30 days after the date of adoption or the date the final ordinance is available from the City Clerk, whichever is later. The effective date of the ordinance is not necessarily the effective date of the change of the zoning (rezoning). The effective date of the change of zoning is when compliance with conditions of approval is completed and certified by the PDSD Director . No permits or development approvals may be granted that are in furtherance of the rezoning request until the 30 days have lapsed and the conditions of rezoning have been met.

      7.   Reconsideration

      A member of the Mayor and Council may request the reconsideration of an authorization decision or decision on a proposed ordinance provided the vote to reconsider is made within 30 days of the date of decision. A hearing for reconsideration will be scheduled upon a majority vote in favor of the reconsideration. If the reconsideration occurs after the meeting when the decision is initially made, then public notice of the reconsideration must be given in the same manner as for the initial decision.

(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11729, 2/19/2020; Am. Ord. 11732, 2/19/2020; Am. Ord. 12131, 10/22/2024)

3.5.4. CHANGE IN CONDITIONS OF APPROVAL AND COMPLETION OF CONDITIONS

   An applicant may request a change to conditions of approval. The PDSD Director shall make a determination as to whether a proposed change to the conditions of rezoning, to the preliminary site plan , or to the approved site plan is major, minor, or administrative. A request to change conditions of approval is considered as follows:

   A.   Types of Changes

   The three types of changes are as follows:

      1.   Major Change

         a.   Density or increase in non-residential floor area condition

         This change involves, 1) if the number of residences increases by 10% or greater; or in any case increases by 50 or more units; or 2) if the non-residential floor area increases by 10% or greater;

         b.   Design condition

         This change involves a quantified physical dimension established in a condition to adapt to specific site characteristics or mitigate development impacts on the site and surrounding land uses . Examples of such dimensions include setbacks , heights, landscape buffers, natural areas, or areas to be disturbed, when these are illustrated on the preliminary site plan or stated in a condition;

         c.   Use condition

         This change involves an illustration on the preliminary site plan or a change stated in a condition that only a specific set of uses are permitted on the site ; or,

         d.   A change in a preliminary site plan when the building area is substantially reconfigured such that traffic generated by the new layout will increase 10% or greater over the previous layout’s proposed traffic generation.

      2.   Minor Change

      A change in the rezoning conditions or preliminary site plan that is not a major change or an administrative change.

      3.   Administrative Change

      A change in a feature of a preliminary site plan for an approved rezoning when the result is still in substantive compliance with the approved rezoning. Administrative changes are approved by the PDSD Director . The Director shall make a finding that the change will not create a nuisance on adjoining  land uses or cause a safety hazard.

   B.   Procedures for Changes

      1.   Minor Amendment to a Preliminary Site Plan

      A request for a minor amendment to a preliminary site plan that was approved by the Mayor and Council is considered a change to conditions of approval that may be granted by the PDSD Director .

      2.   Major Amendment to Conditions or the Preliminary Site Plan

            a.   A request for a major amendment to the conditions of approval or the approved preliminary site plan is subject to either the Zoning Examiner Legislative Procedure, per UDC Section 3.5.3, or Mayor and Council approval at a public hearing.

            b.   A neighborhood meeting is required per the requirements of Section 3.2.2.

            c.   After the required neighborhood meeting the PDSD Director will determine which process the request will follow. The PDSD Director's determination is not subject to appeal.

               1.   The request shall follow the Zoning Examiner Legislative Procedure if the PDSD Director determines, after the neighborhood meeting, that the application presents issues that would be appropriate for review and recommendation from the Zoning Examiner prior to Mayor and Council consideration.

               2.   The request is subject only to Mayor and Council approval at a public hearing if the PDSD Director determines that no review by the Zoning Examiner is needed to inform the Mayor and Council's consideration of the application. The Mayor and Council may proceed to make that decision after a Public Hearing; and also have the option to remand the application to the Zoning Examiner for the Zoning Examiner's review and recommendation.

            d.   The same voting requirements as for the original adoption shall apply to the request for a substantial change of conditions.

         3.   Minor Changes to Conditions

            Minor amendments to conditions of approval must be considered by the Mayor and Council in a public meeting.

   C.   Time Period for Completion of Conditions

      1.   The Mayor and Council, when authorizing a rezoning request, shall establish a time period to meet all conditions of rezoning. The time period shall begin the day after the date of authorization.

      2.   The required length of the time period to complete conditions of rezoning may range from one day to five years. By Mayor and Council policy, the staff recommendation for rezoning requests that involve a zoning violation is a one-year period. For rezoning requests that do not involve a zoning violation , a five-year period is recommended.

   D.   Extension of Time

      1.   When a rezoning request has been authorized or an ordinance adopted and the specified time period within which to complete all conditions of rezoning has lapsed, the case file shall be closed. A closed case may be reactivated only by the Mayor and Council after a public hearing on the reactivation of the case.

      2.   A time extension may be requested before the time period for completion of the ordinance conditions expires. The request must be filed prior to the expiration date so Mayor and Council can take action on the request prior to the expiration of rezoning.

      3.   The filing of a time extension request initiates a staff review to determine whether the request should be approved or denied, and whether conditions should be revised to reflect new conditions, or practice. New conditions may be added as part of the staff review. At the end of the staff review period, a communication to Mayor and Council is drafted and forwarded to the City Clerk for City Manager review and Mayor and Council consideration.

      4.   The Mayor and Council shall consider the time extension request after a public hearing, in the circumstance where the time extension request does not extend the expiration period beyond five years from the most recent public hearing on the case. However, no time extension may be granted beyond ten years from the original date of approval.

      5.   Where an ordinance has been adopted, the last public hearing before the ten-year limitation shall provide for the repeal of the adopted ordinance if the conditions are not completed prior to the expiration of the ten-year period.

   E.   Completion and Certification

   A case is deemed complete and final when the conditions of approval are verified as complete by the PDSD Director . The conditions may include, but are not limited to the issuance of a building permit, the recording of legal documents, such as a subdivision  plat , or issuance of a zoning compliance certificate upon a site inspection. When completion of the conditions has been verified, the PDSD Director shall certify completion of the conditions and the zoning on the property shall be changed in accordance with the adopted ordinance.

   F.   Time Limitations on Re-filing

      1.   Mayor and Council policy and the rules and procedures of the Zoning Examiner require that a new request for rezoning on property previously denied rezoning by the Mayor and Council may not be accepted for a period of one year from the date of denial, except:

         a.   When the new case does not involve a request for a zone that was denied or recommended as a substitute zone and rejected by the original applicant;

         b.   When a substantial change in the use of adjacent property has occurred since the previous case was heard that could not have been anticipated; or,

         c.   When there has been a change in ownership and a substantially modified site plan is presented.

      2.   Mayor and Council policy recognizes the Pima County Board of Supervisors’ one-year policy with respect to rezoning applications that have been denied, where these properties are later annexed into the City . The one-year waiting period begins on the day after the date the Board of Supervisors denied the application.

(Am. Ord. 11996, 3/21/2023)

3.5.5. PLANNED AREA DEVELOPMENT (PAD) ZONE

   A.   General

      1.   The purpose of the Planned Area Development (PAD) zone is to enable and encourage comprehensively planned development in accordance with adopted plans and policies.

      2.   The PAD is a zoning classification which provides for the establishment of zoning districts with distinct standards.

   B.   Distinct Land Use Regulations Permitted

      1.   A PAD may have land use regulations different from the zoning regulations in the UDC , any other PAD District , or other zoning districts .

      2.   When a provision in a PAD varies from the UDC , the provisions in the PAD shall govern.

      3.   Signs shall be in compliance with Section 7A.11.4, Planned Area Development (PAD) District. A Master Sign Program, in accordance with 7A.7, Sign Design Options, may be submitted concurrently with a PAD.

   C.   Application Processing and PAD Establishment

      1.   Each PAD must be in compliance with the General Plan and applicable sub-regional and neighborhood plans.

      2.   A PAD is processed and established in accordance with Section 3.5.3, Zoning Examiner Legislative Procedure, and the following additional requirement.

      3.   Within 30 days after the PDSD Department recommends approval, the PAD rezoning request is scheduled for a public hearing before the Zoning Examiner.

   D.   Established Districts

      1.   PADs are identified on the City Zoning Maps by the letters “PAD” followed by a number, such as “PAD-1,” signifying the set of standards adopted and applicable to that planned area development .

      2.   The PDSD is responsible for maintaining the list of established PADs.

   E.   Initiation of a PAD District.  

      A PAD District is initiated by filing an application with the Planning and Development Services Department. The application may be filed by the owners of the subject property, an agent for the property owners, or the Mayor and Council. The application will be accepted for processing only if the following requirements are met:

      1.   The site is under single ownership or control except when initiated by the Mayor and Council;

      2.   The PAD District shall be configured to accommodate a well-integrated project. A PAD District may include existing rights-of-way provided the district is planned and developed on a unified basis.

   F.   PAD Implementation

   PADs are implemented in accordance with the procedures in this Section 3.5.5. PADs may establish additional implementation procedures, provided such methods are not in conflict with required procedures and are fully described by the PAD document.

   G.   Site Plan Review

   No development may occur within a PAD until a site plan for the development is approved by the City in accordance with Section 3.3.3, PDSD Director Approval Procedure.

   H.   Enforcement

   Standards adopted for each PAD are enforced in the same manner as the enforcement of any zoning violation as provided in Section 10.2.

   I.   Interpretation

   The Zoning Administrator shall interpret a PAD in accordance with Section 1.5.1, Zoning Determinations and Zoning Certifications by the Zoning Administrator. Interpretations of UDC zoning provisions may be applied to similar PAD provisions.

   J.   Amendment to an Adopted PAD

      1.   PAD amendments must be in substantial conformance with the objectives of the PAD. Changes to conditions and terms of a PAD that affect the overall density , intensity, and classifications of land uses must be processed as a new change of zoning. Changes to other conditions of a PAD must comply with the procedures for changes of conditions in this section.

      2.   Amendment Application

         a.   An amendment to a PAD may be initiated by the property owner, the owner’s agent, or the Mayor and Council upon submittal of a written application to amend one or more of the PAD standards.

         b.   The application must be accompanied by a statement documenting the need for the amendment.

         c.   The PDSD Director shall determine if the amendment would result in a major change in the PAD. A major change is one which:

            (1)   Allows uses not otherwise permitted in the PAD or a section of the PAD;

            (2)   Varies or changes a PAD policy;

            (3)   Increases the number of proposed residences per acre by more than 10% or exceeds the maximum number of dwelling units permitted within the adopted PAD;

            (4)   Changes designated buffers or perimeter landscaping , as delineated in the PAD, which was established to adapt the PAD to specific site characteristics or mitigate development impacts on the site and surrounding area;

            (5)   Varies the building height , lot coverage , or building setbacks by more than 10% of that delineated in the adopted PAD;

            (6)   As a consequence of more than one non-substantial change submitted concurrently, cumulatively results in a significant change in the objectives or goals of the PAD; or,

            (7)   Results in a significant change in pedestrian or traffic circulation within the PAD or in the surrounding area.

         d.   Major changes to a PAD are processed in accordance with Sections 3.5.3, Zoning Examiner Legislative Procedure. A major change may require, as determined by the PDSD Director , submittal of amended items, such as a site analysis.

         e.   The PDSD Director may approve changes determined to be minor or administrative.

         f.   When requested in writing by the applicant, the PDSD Director may authorize a delay in the PAD amendment process.

(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11386, 7/6/2016; Am. Ord. 11508, 12/5/2017; Am. Ord. 11803, 12/8/2020)

3.5.6. PLANNED COMMUNITY DEVELOPMENT (PCD) ZONE

   A.   Purpose

      1.   Accommodate large-scaled, unified planned developments that conform to the best practices, policies and programs within the City ’s General Plan , applicable specific plans , and other sustainability and conservation programs;

      2.   Provide an alternative zoning district and development process to accommodate large master-planned developments that allow development flexibility not otherwise attainable under conventional zoning districts and allow for adjustments to changing community and market conditions;

      3.   Provide a framework to promote sustainable land use patterns and mobility options while being responsive and sensitive to the natural features and topography of the desert environment;

      4.   Provide within such developments a variety of housing, including affordable housing, and combination of land uses with sound site planning principles and development techniques; and,

      5.   Promote the timely planning, funding and development of public facilities designed to serve the projected population.

   B.   General Provisions

      1.   Conformance with the General Plan

         a.   Each PCD must be in compliance with the General Plan and applicable specific plans .

         b.   Specific Plans

         A PCD is permitted only in areas where there is an existing specific plan . In areas where there is no existing specific plan , an applicant may submit an application for a PCD so long as an application for a specific plan , consistent with the application for the PCD, has already been submitted pursuant to Section 3.6. The application for the PCD will be processed concurrently with the application for the specific plan , but the PCD may not be adopted until after the adoption of a specific plan .

      2.   Ownership of the PCD

      Upon application for and approval of the PCD, the site of the PCD, with the exception of public rights-of-way , must be under single ownership or control of a single entity with legal authority to conduct the application process on behalf of all the landowners.

      3.   Minimum PCD Area

         a.   A PCD must be the minimum size as required in the applicable General Plan , specific plan , or a minimum of 500 contiguous  acres , whichever is greater.

         b.   Public rights-of-way located within the interior of a PCD may be included in calculating the minimum 500 acres .

         c.   A PCD may include areas that contain existing development .

         d.   The Mayor and Council may authorize the initiation of a PCD less than the size required by this section if the size of the proposed PCD is consistent with the intent of the applicable general plan or specific plan .

      4.   Major Streets and Routes Plan Amendment

      The Major Streets and Routes Plan will be amended, as needed, to add, delete, or modify a roadway within a PCD concurrently through the approval process for the PCD.

   C.   Identification of the PCD

      1.   PCDs are identified on the City Zoning Maps by the letters “PCD” followed by a number and the name of the District , such as “PCD-1, XYZ Planned Community Development (PCD) District,” signifying the set of standards adopted and applicable to that District . PDSD shall administratively update the list upon the adoption of each new PCD.

      2.   Within a PCD, development must be divided into development areas (DA). DAs shall establish the permitted density and intensity of land uses within the PCD. Permitted land uses in a DA are those that are identified in the implementation plan.

      3.   Within a DA, one or more zoning districts may be established and contain one or more land uses listed in the Project Development Standards and Design Guidelines.

   D.   Development Standards

   A PCD provides for the establishment of development areas (DAs) and zoning districts with distinct standards within the boundary of the PCD as adopted by the Mayor and Council.

      1.   A PCD may incorporate land use classifications and standards from the UDC or other City  development ordinances and standards with modifications as necessary to provide for a master planned community. The standards must be consistent with policies in the general plan and applicable specific plan .

      2.   A PCD may include standards that are different from the standards in the UDC that apply in, but are not limited to permitted, special exception, secondary and accessory land uses ; building heights ; lot coverage and lot size ; cluster development ; building and perimeter setbacks ; parking and loading; landscaping and other development standards. The PCD may not change or alter the provisions for impact fees in Article III, Impact Fees of the Development Compliance Code, Chapter 23A of the Tucson Code.

      3.   Where a provision in a PCD varies from the UDC standard, the provisions in the PCD shall govern. Where standards in a PCD are silent or do not address an issue, the applicable codes and ordinances shall govern. Amendments to the UDC enacted subsequent to the adoption of the PCD shall apply to the PCD. If an amendment adopted subsequent to the PCD conflicts with an express provision of the PCD, the PCD shall govern unless the adopting ordinance expressly states that the amendment supersedes the PCD provision.

   E.   Review and Establishment Procedure

   A PCD shall be established in accordance with Section 3.5.3, Zoning Examiner Legislative Procedure. Notice must be sent in accordance with the requirements of Table 3.2-1 , except that notice must be sent to all property owners within 2,640 feet (one-half mile) from the boundaries of the proposed PCD and to all neighborhood associations within two miles of the boundary.

   F.   Amendment Procedures

   The Director of Planning and Development Services Department (PDSD) shall determine if the proposed amendment constitutes an administrative, minor, or major amendment according to the criteria set forth in this section. The Director shall evaluate a proposed change for its compliance with the intent of the approved PCD and any impact that may cause a public health or safety risk. These amendment procedures do not preempt an applicant’s ability to apply for other modification procedures available within the UDC . The following procedures shall be followed for an amendment to the PCD.

      1.   Administrative Amendment

      An administrative amendment is one that does not create a substantial change to the Master Site Plan (MSP), an overall district area (DA), or the overall PCD. The PDSD Director shall determine if the potential impacts to the PCD are a substantial or insubstantial change after review of the requested changes. Insubstantial changes are administratively decided by the PDSD Director .

         a.   Process

         An administrative amendment requires no public hearing unless one is required as part of the PCD adoption. Administrative amendments include the following:

            (1)   The categories of changes listed in subsection b.;

            (2)   Other changes specifically identified as administrative amendments in the PCD approved by the Mayor and Council; and,

            (3)   Categories of changes deemed by the PDSD Director to be comparable to those identified in (1) or (2) or otherwise to have no negative potential impacts on the PCD.

         b.   Administrative Amendment Categories

         The following changes and comparable changes are presumed to be administrative unless they significantly affect the PCD or property owners other than the master developer .

            (1)   Changes that enhance or refine the original vision and/or purpose and intent statements expressed in the original PCD application. The applicant shall present information regarding the size and extent of the development activity that supports the change;

            (2)   Changes that continue to support specific plans or applicable City policies affecting the diversity of housing type and mixed use . The applicant shall present information showing how the proposal strengthens the creation of a sense of place in the neighborhoods and communities. Administrative amendments may be based upon new market design requirements or technological advances in architecture and infrastructure engineering design and construction;

            (3)   A transfer of commercial square footage or number of dwellings from one mixed use  parcel to another that stays within the maximum and minimum ranges established by the PCD or the DA;

            (4)   A transfer involving a change in total number of dwellings or gross leasable floor area among DAs or zoning districts where the transfer amount stays within the minimum and maximum ranges established by the PCD;

            (5)   Changes in configurations of individual DA boundaries to include modifications of boundaries, division of larger parcels , or combinations of parcels , that do not result in any loss in open space or change the overall permitted land uses and density and intensity of land uses of DAs within the PCD;

            (6)   Changes in parcels , preservation of environmentally sensitive lands, or open space that are necessitated by the need to accommodate final engineered infrastructure as approved by the City , within the minimum and maximum range of density and intensity of development and there is no reduction in open space areas as established in the MDP ;

            (7)   Adjustments or modifications to the number and order of phasing as long as the related infrastructure  development is precedent to or concurrent with the development the infrastructure is to serve;

            (8)   Change of number, location or sites designated for schools, parks, or other public, government, or quasi-governmental facilities which either enhance the opportunity to create a sense of neighborhood and community, to better centralize such sites based on actual development densities and with the approval of the governmental unit that owns or will own the facility;

            (9)   Modifications in the design and construction of proposed infrastructure based upon technological advances when such modifications are accepted by the controlling City and/or Pima County agencies (including but not limited to transportation, water and wastewater, and flood control). infrastructure capacity shall be adequate to provide service for the planned densities and intensities of use and phasing;

            (10)   Minor modifications or adjustments to intrusions , encroachments, proposed easements, proposed right-of-ways or open spaces , so long as the modifications fall within the general overall range and target densities and intensities for the PCD or DA;

            (11)   Changes in infrastructure that do not increase the cost or reduce the benefit to the public;

            (12)   Interpretation by the PDSD Director of terms and provisions of the PCD and MSP that may result in insubstantial changes to the PCD;

            (13)   Placement and/or construction of identity or character features such as community art, entry monuments, mailboxes and neighborhood signage in compliance with the PCD standards unless there is a safety concern; and,

            (14)   Other insubstantial changes deemed to be administrative amendments by the PDSD Director , as long as the amendments do not negatively impact the general health, safety, and welfare of the residents of the City and do not modify the overall intent of the approved PCD, including the compliance with the general plan and specific plan policies for this area.

      2.   Minor Amendment

      A minor amendment is one that does not substantially change the MSP, DAs, or the overall PCD. A minor amendment includes changes that have greater potential impacts on the intensity of land use mix of the PCD than the categories of changes that qualify as administrative changes for the adopted PCD.

         a.   Procedure

         A minor amendment requires a public hearing review and decided in accordance with Section 3.5.3, Zoning Examiner Special Exception Procedure. Minor amendments include (i) the categories of changes listed in Subsection b, (ii) changes specifically identified as minor amendments in the PCD approved by the Mayor and Council, and (iii) categories of changes deemed by the PDSD Director not to change substantially the overall PCD but that have potential impacts on the intensity of land use mix of the PCD than the categories of changes that qualify as administrative changes.

         b.   Minor Amendment Categories

         The following changes and comparable changes are presumed to be minor unless they significantly affect the PCD or property owners other than the master developer .

            (1)   A change of up to 10% in the number of units or gross leasable floor area in the DA or zoning district that is an increase or decrease in the overall PCD’s minimum or maximum ranges.

            (2)   Multiple proposed administrative amendments or any single proposed administrative amendment that is viewed by the PDSD in relation to a series of past administrative amendments may be determined by the PDSD Director to be a minor amendment pursuant to this section if they have the cumulative effect of contradicting the policies, spirit, and intent of the underlying General Plan documents.

            (3)   Other changes deemed to be minor amendments by the PDSD Director that do not qualify as administrative or major amendments within this section or within the subject PCD.

      3.   Major Amendment

      A major amendment is one that substantially changes the MSP, a DA, or the overall PCD or substantially changes the application of the PCD to a limited area.

         a.   Process

         A major amendment is processed pursuant to the Zoning Examiner Legislative Procedure, Section 3.5.3. Major amendments include (i) those categories of changes listed in Subsection b, (ii) other changes specifically identified as major amendments in the PCD approved by the Mayor and Council, and (iii) those categories of changes that do not qualify as administrative or minor amendments for the adopted PCD and that are deemed by the PDSD Director to change substantially the overall PCD or the application of the PCD to a limited area.

         b.   Major Amendment Categories

         The following changes and relative changes are major amendments:

            (1)   A reduction in open space other than as defined as an administrative amendment in Section 3.5.6.F.;

            (2)   Changes in configurations of individual DA boundaries to include modifications of boundaries, division of larger parcels , or combinations of parcels that result in a net loss in open space or a change to the minimum and maximum number of DAs proposed within the PCD;

            (3)   Change that would allow uses not otherwise permitted in the PCD, zoning district , or DA;

            (4)   A change of greater than 10% in the number of dwellings or gross leasable floor area in a DA or zoning district that is an increase or decrease in the overall PCD’s minimum or maximum ranges;

            (5)   A change that alters a design element and substantially reduces the mitigation of the intensity of development  adjacent to an existing residential development outside of the PCD; and,

            (6)   A change that locates a more intense land use or increases the residential density  adjacent to an existing residential development outside of the PCD or a change adjacent to existing residential development in the PCD where the intensity of development exceeds 10% in the number of units or gross leasable floor area in the DA or zoning district .

   G.   Annual Report

   At the request of the PDSD Director , the PCD property owner shall submit an annual progress report. The report shall begin to be submitted to PDSD once the issuance of building permits within the subject PCD commences. The report may include the following elements as requested by PDSD: phasing and completion update report on horizontal infrastructure , public facilities, open space dedication, number of housing units and nonresidential square footage, installation of trails, parks, and any other development activity requested by the department. The report shall be submitted by February 15 of the following year.