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A. Decisions Subject to B/A Appeal
Appeals to the following decisions are processed in accordance with the B/A appeal procedure:
1. Decisions by the Zoning Administrator, including interpretations of the
, notices of
of the
, and determinations of
of conditional uses consistent with Section 10.3.3;
2. Decisions by the PDSD
on applications processed in accordance with the 100' Notice Procedure, Section 3.3.4;
3. Decisions by the PDSD
on a Special Exception
;
4. Review decisions where the PDSD
has challenged the historic designation of a proposed for demolition;
5. Decisions of the Design Review Board (DRB) pertaining to applications in Neighborhood Preservation
as permitted in Section 5.10.3.I;
6. Decisions by the PDSD
on Design Development Option applications;
7. Decisions by the PDSD
on Minor and Major Project Design Review applications in the Rio Nuevo District; and,
8. Other determinations in accordance with the
.
B. Filing of an Appeal
Appeals must be filed with the Zoning Administrator within 14
of the effective date of the decision, or within the time provided by the individual procedure from which the decision is appealed. An appeal shall be scheduled for consideration by the B/A at the next regular meeting that is at least 35
following the filing of the appeal. The Zoning Administrator may, for good cause, grant one extension to the second regular meeting after the filing of the appeal. The filing of an appeal stays the issuance of permits and approvals and all formal
action on the
proposal subject to the appeal.
C. Public Hearing and Public Notice Required
A public hearing with the B/A is required. The B/A may continue the public hearing for up to 45
. The public hearing shall not be continued for more than 45
without the consent of the applicant, regardless of who is the appellant. Public notice of the public hearing is required in accordance with Table 3.2-1 and Sections 3.2.4.A-G.
D. Decision
The B/A may affirm, reverse, or modify the decision being appealed, and may impose conditions necessary and appropriate to implement the
and other pertinent standards.
E. Reconsideration
The appellant, the applicant, the Zoning Administrator, or in the case of a decision relating to NPZ design review, the PDSD
, may request reconsideration of a decision on an appeal as provided in Section 3.10.1.G.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11732, 2/19/2020)
A. Applicability
The following applications are processed in accordance with the B/A Variance procedure:
1. Variances from the requirements of the
; and,
2. Requests for major Modifications of Development Regulations (MDR) in the Rio Nuevo District (see Section 5.11.9 for the minor and major MDR criteria).
B. Pre-Application Conference Required
A pre-application conference with
staff is required in accordance with Section 3.2.1.
C. Neighborhood Meeting Required
The applicant is required to conduct a neighborhood meeting and provide notice of the meeting in accordance with Section 3.2.2.
D. Application
Submittal of an application to the PDSD is required in order to process the request. See the Administrative Manual for the application submittal requirements. Applications shall be reviewed for completeness in compliance with Section 3.2.3.A.
E. Notice of Application
The PDSD
shall mail and post notice of the application in accordance with Section 3.2.4.B & F.
F. Public Comment Period
For 20
following the date on which notice is mailed, the public may submit comments on the proposal to the PDSD.
G. Review
1. Review is conducted by the PDSD staff and other agencies, committees or advisory boards as required by the
, and others as may be deemed appropriate by the PDSD
.
2. Variance requests from the Environmental Resource
standards require review by the Design Review Board and the Stormwater Technical Advisory Committee as provided in Section 5.7.7. Variance requests from Scenic Corridor
, the Gateway Corridor
, the
and screening regulations, and the native plant protection standards require DRB review as provided in Sections 5.3.14, 5.5.6, 7.6.9.D, and 7.7.6.B respectively.
H. Public Hearing and Public Notice Required
A public hearing with the B/A on the request is required. Mailed notice of the public hearing is required in accordance with Section 3.2.4.B. The notice of the public hearing may be consolidated with the notice of the application submittal.
I. Advisory Board Review
Variance requests from the Environmental Resource
standards require review by the Design Review Board and the Stormwater Technical Advisory Committee as provided in Section 5.7.7. Variance requests from the Scenic Corridor
, the Gateway Corridor
, the
and screening regulations, and the native plant preservation standards require DRB review as provided in Sections 5.3.14, 5.5.6, 7.6.9.D, and 7.7.6.B, respectively.
J. Board of Adjustment Decision
The B/A may close the public hearing or continue it to a specific date, time, and place provided the continuance is not for more than 120
. The B/A shall issue a decision in accordance with the findings required for approval of the application at the conclusion of the public hearing.
K. Findings for Approval
The B/A may approve a variance only if it finds:
1. That, because there are special circumstances applicable to the property, strict enforcement of the
will deprive such property of privileges enjoyed by other property of the same classification in the same
;
2. That such special circumstances were not self-imposed or created by the owner or one in possession of the property;
3. That the variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and
in which such property is located;
4. That, because of special circumstances applicable to the property, including its size, shape, topography, location, and surroundings, the property cannot reasonably be developed in conformity with the provisions of the
;
5. That the granting of the variance shall not be detrimental to the public welfare or injurious to other property or
in the neighborhood in which the property is located;
6. That the proposed variance shall not impair an adequate supply of light and air to
property, substantially increase congestion, or substantially diminish or impair property values within the neighborhood; and,
7. That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the
provisions that are in question.
L. Variance Powers Not Granted to Board of Adjustment
The B/A may not:
1. Make any changes in the uses permitted in any zoning classification;
2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner;
3. Grant a variance to any administrative requirement of the
or to any requirement which is not a specific
regulation or use-specific standards required of a
;
4. Grant a variance to the use-specific standards required of Educational Uses as provided in Section 4.9.3.E.; or,
5. Delete or vary any use-specific standards applicable to a Special Exception Land Use as required by the
, unless specifically allowed by the
, or as established as a condition by the decision-making body in granting the use.
M. Notice of Decision Required
Notice of the decision shall be mailed within three
of the decision to the applicant and
who received notice of acceptance of application.
N. Reconsideration
The B/A may consider one request for reconsideration by the applicant or a
, in accordance with Section 3.10.1.G.
O. Change of Condition
After a variance has been granted by the B/A, the property owner/applicant may request a change to a condition for approval imposed by the B/A based upon changed circumstances that affect the condition. The request shall be heard by the B/A. The B/A shall initially determine whether the request is for a minor change of condition that does not materially alter the variance and does not materially affect any other properties. If the B/A determines that the request is for a minor change of condition, it may decide whether to approve or deny the change. If the B/A determines that the request is not a minor change of condition and there are reasonable grounds for the request, the case shall be scheduled for a public hearing and notice provided in accordance with Section 3.2.4.
P. Expiration of Approval
Any variance granted through this process or on appeal is null and void if
permits are not issued or compliance with conditions of approval does not occur within 180
from the date of approval. A shorter time period for compliance may be required as a condition of approval. Two extensions of up to 180
each may be granted by the PDSD
for good cause. A
that has been recorded in compliance with the variance is exempt from the expiration period in this section.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013)
A. Purpose
This section is established to provide an administrative process by which specific
and dimensional standards of the
may be modified under certain criteria applicable to a
within a
. A Design Development Option (DDO) is intended to encourage the following:
1. Flexible design solutions that are within the intent of the regulation, encourage efficient use of land, do not create a
on
property, and address situations where strict application of a requirement may not be practical;
2. Energy conservation through
and
design;
3. Innovation in
planning and architectural design; and,
4. Enhancement of community aesthetics.
B. Applicability
The following dimensional, screening, and
standards may be considered for modification under this Section:
1.
;
2.
of accessory walls and fences when the wall and fence heights do not exceed two feet above the maximum height permitted;
3.
and screening standards when the modification does not decrease the required area in square footage of
or
of a screening feature; and,
4. Structural
and parking space length requirements for
only in single-
and duplex
.
C. PDSD Review and Decision
2. For
and screening modification requests as provided in Section 3.11.1.B.3 above, the Design Review Board shall review the request and make a recommendation prior to a decision by the PDSD
.
3. Only one application is required when more than one DDO is being requested and may be processed concurrently in accordance with the most restrictive applicable procedure. For example, applications requesting a modification to the
and
standards shall go to the Design Review Board for a recommendation prior to a decision by the PDSD
.
D. Findings for Approval
1. General Findings for All Modification Requests
For all modification requests, the PDSD
may approve a DDO request only if the request meets all of the following findings:
a. Is not a request previously denied as a variance;
b. Does not modify a conditional requirement or finding to determine whether the use should be allowed in the
;
c. Is not to a condition of approval for a rezoning or Special Exception
application;
d. Does not modify a requirement of an overlay
, such as, but not limited to, Scenic Corridor, Environmental Resource,
, or
Environs;
e. Does not result in deletion or waiver of a
requirement;
f. The modification applies to property that cannot be developed in conformity with the provisions of this chapter due to physical circumstances or conditions of the property, such as irregular shape, narrowness of
, exceptional topographic conditions, or location;
g. Does not create a situation where proposed
substantially reduces the amount of privacy that would be enjoyed by nearby residents any more than would be available if the
was built without the modification;
h. Does not create a situation where proposed
will block visibility within the required visibility triangle on
for either vehicular or pedestrian traffic;
i. Does not create a situation where the proposed
will cause objectionable noise, odors, trespass lighting, or similar adverse impacts
properties or
; and,
j. Does not create a situation where the
will result in an increase in the number of residential
or the square footage of nonresidential
greater than would occur if the
was built without the modification.
2. Specific Findings for
and Wall
Modification Requests
In addition to the findings in Section 3.11.1.D.1, the PDSD
shall find, in the case of
and wall
only, that the modification:
a. Does not create a situation where proposed
will obstruct significant views of dramatic land forms, unusual stands of vegetation, or parks from nearby properties substantially more than would occur if the
were built without the modification;
b. Provides design alternatives to better integrate the
into the design character of the immediate neighborhood;
c. Does not apply to a
requirement of a Flexible Lot Development (FLD);
d. Does not create a situation where the proposed
will interfere with the optimum air temperature or solar radiation orientation of
on
properties substantially more than would occur if the
or
were built without the modification; and,
e. Does not create a situation where the proposed use of the property will impose objectionable noise levels on
properties greater than would occur if the
or
were built without the modifications.
f. The modification is not for an increase in height of more than two feet to an accessory wall or fence, except that an increase of up to four feet may be considered for entry features on walls and fences.
3. Specific Finding for Screening Modification Requests
For screening modifications, in addition to the findings in Section 3.11.1.D.1, the PDSD
shall make a finding that the modification does not lower the
of a required screening device to a point where it does not accomplish its purpose.
E. Appeals
A
may appeal the PDSD
’s decision on DDO applications. Appeals are considered by the Board of Adjustment in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeal Procedure. Appeals must be filed within five of the effective date of the decision. The complete appeals material must be filed within 30 of the effective date of the decision. An appeal under this section shall be based upon an error in the ’s decision finding compliance or noncompliance with the applicable findings. The Board of Adjustment shall apply the applicable findings as provided in Section 3.11.1D, Findings for Approval, when rendering its decision.
F. Expiration of Approval
Any Design Development Option (DDO) approval granted by the Planning and Development Services Department (PDSD)
shall be null and void if building permits are not issued implementing the DDO or compliance with conditions of approval does not occur within 180 days from the date of approval. One extension of up to 180 days may be granted by the PDSD
for good cause.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11732, 2/19/2020))
A. Applicability
These regulations apply when an application for a demolition permit involves the complete or partial demolition of a
that is partially or in its entirety 50 or more years old.
B. Required Documentation
Applications for permits for the demolition of
that are partially or in their entirety 50 or more years old must include architectural documentation to provide a permanent record of
of historical significance before their loss. Demolition applications are available from PDSD.
1. Minor Documentation
Minor Documentation is required for demolition permit requests for all
that are partially or in their entirety 50 or more years old, but are not
within designated or pending National Register Historic Districts; are not individually listed on the National Register of Historic Places; and do not meet the eligibility criteria for the National Register of Historic Places. For
that otherwise meet the criteria for full documentation, only Minor Documentation is required if the demolition will be limited to an addition that is less than 50 years old.
2. Full Documentation
Full documentation is required for demolition permit requests for all
that are partially or in their entirety 50 or more years old and are:
a.
within designated or pending National Register Historic Districts;
b. Individually listed on the National Register of Historic Places; or,
c. Meet the criteria for eligibility for the National Register of Historic Places.
3. Additional Documentation
If the
to be completely or partially demolished is located in a Historic Preservation
(HPZ) or the Rio Nuevo District (RND) overlay
, compliance with the applicable demolition review and approval requirements contained in Section 5.8.10 through Section 5.8.12 and Section 5.11.7 is required in addition to the provisions contained in this section.
C. Review Required
The applicant shall submit minor or full architectural documentation to PDSD for review before issuance of a demolition permit.
D. Application and Review Process
1. Prior to the submittal of a demolition permit application, the applicant may meet with the PDSD. At that time, the PDSD shall determine whether the application requires Minor or Full Documentation.
2. At the time of submittal, the applicant shall submit two copies of the demolition permit application and all required architectural documentation to the PDSD. All new photos must be printed on photographic paper.
3. If Minor Documentation is required, the PDSD reviews and approves the applications for completeness in accordance with Section 3.2.3.A. The PDSD determines and informs the applicant that the Minor Documentation is complete, or of any additional documentation which is required.
4. If full documentation is required, the Historic Preservation Officer (HPO) reviews and approves the applications for completeness, and informs the applicant that full documentation is complete or informs the applicant of any additional documentation which is required.
5. If the PDSD or the HPO determine that the required architectural documentation is complete, then a demolition permit application may be processed. The applicant must demonstrate compliance with all provisions of the Tucson Code before a demolition permit will be issued.
E. Minor Documentation Required
Minor Documentation shall include:
1. Current photographs of the front, rear and sides of the
to be completely or partially demolished (printed on photographic paper); and,
2. Documentation from the County Assessor’s records, the State Historic Preservation Office, or other official government records confirming the year of construction and dates of additions to the
to be demolished. Some of this documentation of construction dates may be available at the PDSD.
F. Full Documentation Required
Full documentation shall include:
1. Floor plans with measured dimensions;
2. Photographs of the front, rear and sides of the
to be completely or partially demolished, and all interior rooms;
3. A ‘context photograph’ illustrating the relationship between the
to be completely or partially demolished and the nearest
in the
. The
is defined in Section 11.4.5;
4. Copies of old photographs of the
to be completely or partially demolished (taken at least 20 years prior to the demolition application), if in the possession of the applicant;
5. Documentation from the County Assessor’s records, the State Historic Preservation Office, or other official government records confirming the year of construction and dates of additions to the
to be demolished. Some of this documentation of construction dates may be available at PDSD;
6. A general description of construction materials, such as exterior walls, roofing, windows, porches, and
of the
to be demolished; and,
7. A list of any important historical events or historically significant
related to the
to be demolished, if known to the applicant.
G. Documentation Retention
Upon approval of the demolition permit, the HPO shall retain one copy as a record of a lost historic resource and forward one copy to the Tucson-Pima County Historical Commission for their records.
A. General
1. After a
or tentative or final
has been approved, an applicant may apply for a
(PDR). A PDR is a right granted to undertake and complete the
and use of property as shown on the PDR Plan without needing to comply with subsequent changes in zoning standards and technical standards adopted during the period of the PDR, except as provided by A.R.S. §9-1204. In the event of a conflict between the provisions of the
and A.R.S. §§9-1201 through 9-1205 inclusive, as they may be amended, the statutory provisions shall govern.
2. The
also precludes the enforcement against the
of any
regulation that would change, alter, impair, prevent, diminish, delay, or otherwise impact the
or use of the property as set forth in the approved plan except as provided herein.
3. The
does not vest until the Mayor and Council approve the plan or
as a
plan at public hearing.
B. Applicability
The Mayor and Council may consider granting a PDR to the following:
1. An approved
or
provided the PDR is granted prior to the
or
expiring; or,
2. Concurrent with the initial approval of a
or
upon a finding that granting a
to undertake and complete the
shown on the plan will promote reasonable certainty, stability and fairness in the
planning and regulatory process and secure the reasonable investment-backed expectations of the owner.
C. Application
Submittal of an application to the PDSD is required in order to process the request. The PDR application requirements are provided in Section 2-12.0.0 of the Administrative Manual. Applications are reviewed for completeness in compliance with Section 3.2.3.A, Application Required. Following acceptance of the application, it will be scheduled for consideration by the Mayor and Council.
D. Nonphased and
Standards
Applications may be filed for nonphased or phased
plans as follows:
1. Nonphased
Nonphased
are
constructed in one phase. An application for a
for a nonphased
, must comply with the requirements in accordance with:
a. Article 8, Land Division,
, and
Standards, and applicable standards of the Administrative and Technical Standards Manuals for a ; or
b. Section 3.3.3.G, , and applicable standards of the Administrative and Technical Standards Manuals for a .
2.
a. For consideration and approval as a
plan, a
shall be a master planned
which:
(1) Consists of at least 40
depicted on a single master
for a residential
;
(2) Consists of at least 20
depicted on a single master
or
for a nonresidential
;
(3) Is a Planned Area Development (PAD)
; or,
(4) The Mayor and Council have identified as a
for the purposes of
.
b. An application for a
for a
, must comply with the requirements set forth in:
(1) Article 8, Land Division,
, and
Standards, and applicable standards of the Administrative and Technical Standards Manuals, if the master planned consists of at least 40 depicted on a single master for a residential ;
(2) Article 8, Land Division,
, and
Standards, and applicable standards of the Administrative and Technical Standards Manuals, if the master planned consists of at least twenty (20) depicted on a single master for a nonresidential ;
(3) Section 3.3.3.G, , and applicable standards of the Administrative and Technical Standards Manuals, if the master planned consists of at least 20 depicted on a single master for a nonresidential ; or,
(4) Section 3.5.5, Planned Area Development (PAD) , and applicable standards of the Administrative and Technical Standards Manuals for a master planned which is a PAD.
E. Granting of a PDR
1. A PDR shall be granted upon approval by the Mayor and Council.
2. The Mayor and Council may impose terms and conditions of approval.
3. Upon Mayor and Council approval, the landowner has the right to undertake and complete the
only to the extent of the specific elements and details shown on the plan.
4. Approval of a
plan for one phase of a
is not approval of a
plan for any other phase.
F. Effective Date
1. A PDR shall be deemed established with respect to a property on the effective date of Mayor and Council approval of the PDR Plan, except as follows.
2. Exception. A
plan approved with a condition that a variance be obtained does not confer a
until the variance is granted. Approval of a
plan does not guarantee approval of a variance.
G. Expiration Date and Extension
1. Nonphased
A
plan for a nonphased
is valid for three years.
a. In its sole discretion, the Mayor and Council may extend this time for a maximum of two additional years if it determines such extension is warranted by all relevant circumstances, including the size and type of the
, the level of investment of the landowner, economic cycles, and market conditions.
b. If no
permit has been issued prior to expiration, no construction shall commence under the plan.
2. Phased
A
plan for a
is valid for five years.
a. In its sole discretion, the Mayor and Council may extend this time for a maximum of two additional years if it determines such extension is warranted by all relevant circumstances, including the size, type and phasing of the
, the level of investment of the landowner, economic cycles, and market conditions.
b. No construction shall take place on the property for any phase for which a
permit has not been issued.
H. Modification of
Expiration Dates
Notwithstanding Section 3.3.3.G.6.a, a
that has been designated a PDR Plan shall expire upon termination of the PDR.
I. Enforcement
1. Subsequent
Standards
A protected
precludes the enforcement of legislative or administrative
regulations that would change, alter, impair, prevent, diminish, delay, or impact the
or use of the property as approved in the
Plan, except under any one of the following circumstances:
a. Landowner Consent
The affected landowner consents in writing.
b. Natural or Man-Made Hazard
The Mayor and Council declare by resolution, after notice and a public hearing, that natural or man-made hazard on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the
were to proceed as approved in the
Plan.
c. Inaccurate Information
Declaration by the Mayor and Council by resolution after notice and a public hearing that the owner or his representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval of the
Plan by the
.
d. Enactment of
or
Law
The enactment of a
or
law or regulation that precludes
as approved in the
Plan, in which case the Mayor and Council, after notice and a public hearing, may modify the affected provisions, on a finding that the change in
or
law has a fundamental effect on the
Plan.
2. Subsequent Overlay Zoning,
Fees, and Other Codes
A
does not preclude the enforcement of the following:
a. Overlay
A subsequently adopted overlay zoning classification that imposes additional requirements and that does not affect the allowable type or
of use.
b.
Fee
A subsequently adopted
fee applicable to similar properties in the
adopted pursuant to A.R.S. §9-463.05.
c. Other Codes
A subsequently adopted
, fire, plumbing, electrical, or mechanical code or other ordinance or regulation general in nature and applicable to all property subject to
regulation by the
.
3.
and
A
does not preclude, change, or impair the authority of the
to adopt and enforce zoning ordinance provisions governing
or
on the property.
4. Suspension and Revocation Procedures
The
is permitted by
law to subject a
Plan to subsequent reviews and approvals consistent with the original approval. The
may revoke its approval of a
Plan for failure to comply with the applicable terms and conditions of approval. The procedure for compliance review suspension and revocation is described as follows:
a. PDSD
Monitors Compliance
After the approval of a
Plan, the PDSD
or designee shall monitor the progress of the
to ensure compliance with the terms and conditions of the original approval or any
agreement applicable to the property.
b. Suspension or Revocation
The PDSD
or designee may suspend or revoke a
after notice to the applicant. The notice shall contain the
Plan to be revoked, the property to which it applies, and the reason(s) for the proposed suspension or revocation.
c. Appeal to Mayor and Council
The PDSD
’s decision to revoke a
may be appealed to Mayor and Council in accordance with Section 3.9.2, Mayor and Council Appeal Procedure, by filing a notice of intent to appeal with the City Clerk no later than 14 after the effective date of the decision. The complete appeal materials must be filed with the PDSD within 30 of the effective date of the decision.
J. Successors
After approval of the
plan, all successors to the original landowner are entitled to exercise the
.