ARTICLE 1: GENERAL PROVISIONS

Section

1.1.   TITLE AND EFFECTIVE DATE

1.2.   AUTHORITY

1.3.   PURPOSE OF THIS CODE

1.4.   APPLICABILITY AND JURISDICTION

   1.4.1.   General Applicability and Compliance

   1.4.2.   Zoning Maps

1.5.   DETERMINATIONS OF THE UNIFIED DEVELOPMENT CODE (UDC)

   1.5.1.   Zoning Determinations and Zoning Certifications by the Zoning Administrator

   1.5.2.   Determinations of Graphics and Captions

   1.5.3.   References to Other Codes and Laws

   1.5.4.   Terms

1.6.   CONFLICTING PROVISIONS

   1.6.1.   Conflict with Ordinances, Regulations, or Permits

   1.6.2.   Effect on Other Provisions

   1.6.3.   No Relief from Other Provisions

1.7.   TRANSITIONAL REGULATIONS

   1.7.1.   Purpose

   1.7.2.   Violations Continue

   1.7.3.   Nonconforming Uses , Structures , and Lots

   1.7.4.   Applications Commenced or Approved Under Previous Ordinances

1.8.   SEVERABILITY

1.1. TITLE AND EFFECTIVE DATE

   This ordinance is enacted as Chapter 23B of the Tucson Code and may be cited as the “Unified Development Code ” or “UDC ” of the City of Tucson.

(Am. Ord. 11070, 5/14/2013)

1.2. AUTHORITY

   This UDC is adopted pursuant to the powers granted by the Arizona Revised Statutes (A.R.S.).

1.3. PURPOSE OF THIS CODE

   The provisions of the UDC are established to protect and promote the general health, safety, and welfare of all present and future residents of Tucson and more specifically:

•   To implement the General Plan ;

•   To guide new growth and redevelopment of the community in accordance with the policies of the General Plan ;

•   To encourage the most efficient use of land through site sensitive design;

•   To reduce potential hazards to the public that may result from incompatible land uses or from the development of environmentally hazardous or sensitive lands;

•   To protect and enhance the City ’s natural, cultural, historical, and scenic resources; and,

•   To promote the economic stability of the community.

1.4. APPLICABILITY AND JURISDICTION

1.4.1. GENERAL APPLICABILITY AND COMPLIANCE

   A.   The provisions of the UDC apply to all development and uses of land within the City .

   B.   Land shall not be divided into two or more parcels , except as allowed in accordance with Section 8.2, Land Division and Subdivision Standards, or be used or occupied, no site modification or construction started, and no existing use or structure expanded, reconstructed, changed, or otherwise altered until compliance with the provisions of the UDC have been certified.

   C.   The Planning and Development Services Department shall not issue approvals or permits for, nor shall any person commence excavation , grubbing, grading , paving, demolition, or construction of any sort before compliance with UDC standards has been certified.

   D.   All provisions of the UDC shall be consistent with, and conform to, the General Plan and other related plans and policies adopted by the Mayor and Council.

   E.   The certification of zoning compliance as provided in Section 1.5.1.B, Zoning Determinations and Zoning Certifications, shall consist of the certification that proposed development and construction are in conformance with the UDC prior to final development approval.

   F.   The Administrative and Technical Standards Manuals are companion documents to the UDC and provide additional criteria, standards, and requirements that support the implementation of the UDC .

1.4.2. ZONING MAPS

   A.   Title

   A set of maps depicting all zoning boundaries within the City of Tucson is established and entitled “City of Tucson Zoning Maps .”

   B.   Purpose

   The City is divided into zoning districts , and the establishment of the zoning maps is for the purpose of graphically indicating the locations of all land use zoning boundaries within the corporate limits of the City , and facilitating the application of the UDC on each individual piece of property.

   C.   Applicability

   The City of Tucson Zoning Maps , as part of the UDC , depict the land use regulations applicable on each individual property within the City limits by identifying the zoning classification that applies on each property. Maps are added to the set upon the adoption of original City zoning for land annexed into the City .

   D.   Determination of Zoning Boundaries

   Zoning boundary lines are intended to follow lot lines to the centerlines of streets , alleys, railroad rights-of-way , or extensions of such rights-of-way , except where referenced to a street line or other designated line. (See Figure 1.4-1.)

Figure 1.4-1: Determination of Zoning Boundaries

   E.   Zoning Boundaries Dividing a Lot

   On any lot that was under single ownership and of record on September 20, 1948, and divided by a zoning boundary into two or more separate zoning categories, the permitted uses and accessory uses allowed in one zone may encroach 25 feet into the other zone if such zone is more restrictive and the encroaching use is not permitted in the more restrictive zone . (See Figure 1.4-2.)

Figure 1.4-2: Zoning Boundaries Dividing a Lot

   F.   Zoning Boundary Conflict

   If any question arises concerning the location of a land use zoning boundary, the Zoning Administrator renders a final decision and determination on the matter in conformance with Section 1.5.1, Determination by the Zoning Administrator.

   G.   Zoning of Right-of-Way

   Zoning is applicable on all property, except street  rights-of-way . Use of street  rights-of-way for other than public street purposes requires approval by the Zoning Administrator and the Department of Transportation. The Zoning Administrator may allow, within the right-of-way , only those uses or structures that are permitted on the property immediately abutting the right-of-way .

1.5. DETERMINATIONS OF THE UNIFIED DEVELOPMENT CODE ( UDC )