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Senate Bill (SB) 1598 was adopted by the Arizona Legislature in 2011. The law, which was codified as A.R.S. § 9-831, et seq. and amended in 2013 by House Bill 2443, applies to all Arizona municipalities and counties and flood control districts. The law requires the City of Tucson (City) and other public entities to which the statute applies to establish time frames for the approval or denial of each type of license to which the law applies. The purpose of this Compliance Review Time frames Policy (Compliance Policy) is to bring City
review application processing procedures into compliance with the A.R.S. § 9-831 et seq.
(Am. Admin. Directive, 5/14/2013; Am. Admin. Directive 1.02-9, rev. 4/25/2014)
2.1 This Compliance Policy applies to the various types of City application review procedures that produce outcomes that qualify as “licenses,” defined in A.R.S. § 9-831(2) as “the whole or part of any municipal permit, certification, approval, registration, charter or similar permission required by law.”
2.2 This Compliance Policy will take precedence over any time frame for a qualifying “license” in the
, Administrative Manual, or Technical Standards Manual.
(Am. Admin. Directive 1.02-9, rev. 4/25/2014)
3.1 The City has consistently supported and practiced expeditious review of all applications, and will continue to do so under the time frames set forth in this Policy. The Planning and Development Services Department (PDSD) will continue to engage in process improvement to review various applications in the most expeditious way possible and will continue to work with customers to review their applications in a manner that:
provides flexibility when needed;
assures the public health and safety; and,
allows a customer complying with the City’s
regulations to achieve their permitting and
goals in a timely manner.
3.2 By
law, the City may not initiate discussions with an applicant about waiving the requirements of A.R.S. § 9-831 et seq. However, if requested to do so by the applicant, PDSD staff will be happy to answer any questions the applicant might have regarding an alternative, more flexible review processes.
(Am. Admin. Directive 1.02-9, rev. 4/25/2014)
The following City of Tucson
review applications fall under the definition of “license” under A.R.S. § 9-831:
4.1 Procedures requiring decision by the PDSD
.
4.2 Procedures requiring decision by the PDSD
pursuant to the 100-foot notice procedure.
4.3 Procedures requiring decision by the PDSD
pursuant to the 400-foot notice procedure.
4.4 Procedures requiring Zoning Administrator’s decision.
4.5 Procedures in certain overlay districts requiring PDSD
decision.
4.6 Special exceptions requiring PDSD
decision.
4.7 Special exceptions requiring Zoning Examiner’s decision.
(Am. Admin. Directive 1.02-9, rev. 4/25/2014; Am. Ord. 11732, 2/19/2020)
Under A.R.S. § 9-835(N), the provisions of this Compliance Policy do not apply to a license or permit that:
5.1 Is issued within 7 working
of application.
5.2 Expires within 21 calendar
of issuance.
5.3 Is for a Transaction Privilege Tax license.
5.4 Is necessary for the construction on, or
of a residential lot, including swimming pools, hardscape and property walls. For purposes of this section, “residential” means construction or
that is subject to the International Residential Building Code (IRC) that was adopted by the City as one of its
Codes, and other residential
not subject to the IRC, as determined by an administrative interpretation by the PDSD
.
5.5 Is for a
or master planned community as those terms are defined in A.R.S. § 9-835(O)(1) and (2).
(Am. Admin. Directive 1.02-9, rev. 4/25/2014)
City of Tucson
review applications must include the following information as required by A.R.S. § 9-836:
6.1 A list of all required steps in the application/approval process;
6.2 Applicable time frames;
6.3 Contact person (name and telephone. number);
6.4 Website address; and,
6.5 Notice for opportunity to clarify ordinances or regulations, or both.
(Am. Admin. Directive 1.02-9, rev. 4/25/2014)
An applicant may request from the City clarification of a regulation pertaining to an application. A request must be in writing and include all information required by A.R.S. § 9-839. The City may provide the requestor with an opportunity to meet and discuss the request. In compliance with A.R.S. § 9-839, the City must provide a written response within 30 calendar
of receipt of the request.
(Am. Admin. Directive 1.02-9, rev. 4/25/2014)
8.1 A.R.S. § 9-835(A) requires the City to have in place an overall time frame during which the City will either grant or deny license applications that are subject to A.R.S. § 9-831 et seq. A.R.S. § 9-835(C) provides for flexibility in structuring the license time frame process. The overall time frame for each type of license must separately provide for (1) an administrative time frame for application completeness, and (2) a substantive time frame for review. The time frames will be posted on the City’s website. The time frame requirements for overall, administrative and substantive review for applicable types of license procedures are listed in Table 3-02 provided below.
8.2 Any new zoning application review provisions must comply with the Compliance Review Policy.
8.3 The beginning of an application completeness review time frame is the date following the actual date an application is submitted to the PDSD.
8.4 The beginning date of the substantive review period is the
following the date of the notice of application completeness.
(Am. Admin. Directive 1.02-9, rev. 4/25/2014)
9.1 From the date of a notice to the applicant of specific deficiencies in an application, whether on review for completeness of application or substantive review, and the date that the City receives the missing information from the applicant.
9.2 Time for substantive review and overall completion of certain purposes, including any or all of the following delays for:
1. Public hearings;
2.
or
licenses;
3. Approvals from public
on residential or commercial
; or other non-municipal licenses; or
4. Participation in meetings required by law.
(Am. Admin. Directive 1.02-9, rev. 4/25/2014)
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