5.12.6.   IID PLAN REVIEW AND APPROVAL PROCEDURES UNDER THE IID ZONING OPTION
   PDSD administers the IID Plan review procedure. Except as expressly modified herein, review by the PDSD is pursuant to Section 3.3.3.
   A.   Pre-application Conference
      A pre-application conference with the PDSD staff as outlined in Section 3.2.1 is required to determine the following:
      1.   Whether the Plan meets the IID Plan submittal requirements and the of the IID and applicable Sub-District, Area or Sub-Area.
      2.   Whether the application will be reviewed through the Major or the Minor Design Review Procedure as described below.
      3.   Preliminary identification of potential code modifications or waivers that may need to be requested through the IID zoning option.
   B.   Major Design Review
      The Major Design Review process is required if a proposal meets any two or more criteria listed in B.1 and/or B.2:
      1.   The proposal contains that are higher than:
         a.   four stories or 49 feet, or
         b.   two stories or 25 feet if to detached single-family residential or duplex dwellings.
         c.   In the DCS, the height criteria apply only if the site is within 400 feet or less of a detached single-family residential or duplex dwelling.
      2.   The proposal is at any one or more of the following locations:
         a.   At an intersection of one or more .
         b.    to or across from:
            (1)   a detached single-family residential or duplex dwelling; or,
            (2)   a or Contributing .
         c.   On a vacant Historic Preservation (HPZ) or Neighborhood Preservation (NPZ) .
         d.   On a multi-zone subject to Section 5.12.8.F.
         e.   Within, or to an HPZ, or NPZ, or a National Historic Register , or any combination of the three. The definition of the term "," as it applies in the IID, is defined in Section 11.4.2.
      3.   Notices
         For Major Design Review, the notice process must follow Section 3.2.2, Neighborhood Meetings, except as expressly modified herein.
      4.   Review and Approval Procedures
         a.   A neighborhood meeting;
         b.   Review by ;
         c.   Review by IID Design Review Committee (IID DRC) and recommendation to the PDSD Director;
         d.   Decision by the PDSD Director pursuant to Section 5.12.6.M.
      5.   Minor Exemption
         A redevelopment proposal that is 2,500 square feet or less in area and/or not visible from a is exempt from the Major Design Review process and shall proceed through the minor design review. If a historic preservation review is required, it is still required for this type of proposal.
   C.   Minor Design Review
      1.   Criteria
         The proposed does not meet the criteria for a Major design review in Section  5.12.6.B above.
      2.   Review and Approval Procedures
         a.   A neighborhood meeting;
         b.   Review by the and recommendation to the PDSD Director; and,
         c.   Decision by the PDSD Director pursuant to Section 5.12.6.M below.
      3.   Notices
         For Minor Design Review, notice of the neighborhood meeting must be sent to all of the following:
         a.   All owners of property within 100 feet of the site; and,
         b.   The for the area in which the is located.
   D.   Neighborhood Meeting
      1.   Prior to filing an application for use of the IID zoning option, an applicant must hold a neighborhood meeting in compliance with the public notice procedures for neighborhood meetings in Section 3.2.2., except as expressly modified herein.
      2.   The applicant must prepare a written summary of the meeting. A copy of the written summary of the meeting must be filed with PDSD at the time of filing the application for a .
      3.   The applicant will also send a copy of the written summary to a Neighborhood Liaison appointed by the registered for the area in which the is located.
      4.   The Neighborhood Liaison or any property owner within the notice area may file with the PDSD Director a statement of concurrence or dissent with the accuracy of the applicant's written summary of the meeting. If a dissent is filed, it must state the exact reasons for the dissent.
      5.   The applicant will send periodic updates to the Neighborhood Liaison in accordance with PDSD Neighborhood Liaison Policy.
   E.   IID Historic Preservation Review
      1.    in an HPZ
         a.   Proposed within the boundaries of an HPZ must comply with HPZ Sections 5.8.7, Permitted Uses, 5.8.8, Design Review, and 5.8.9, Design Standards, except that within the El Presidio HPZ and the Armory Park HPZ, the following exceptions apply:
            i.    - project may be allowed heights up to the equivalent of the tallest contributing structure within that HPZ. 
            ii.   building material - project may be allowed an exception for building material.
            Both exceptions require review from the Tucson-Pima County Historical Commission  Plans Review Subcommittee (TPCHC-PRS) and the appropriate local HPZ board. is measured by PDSD using HPZ height measurement methods.
         b.   IID zoning option may be used for new , or additions to, or of existing , provided that the changes do not cause a to be de-listed or no longer eligible for listing.
      2.    not in an HPZ
         a.   The Tucson-Pima County Historical Commission Plans Review Subcommittee reviews all listed below:
            (1)    proposing or additions to an existing eligible or contributing using IID zoning option that do not cause the property to be de-listed or no longer eligible for listing. Additions to or of must meet the Secretary of the Interior's historic preservation ;
            (2)    proposing new using IID zoning option that are either to the boundaries of an HPZ or to a meeting any one or more of the following characteristics:
               (a)   Listed or eligible to be listed in the National or Arizona Register of Historic Places, individually or as a contributing property.
               (b)   Designated as a .
               (c)   A Single-family dwelling within the boundaries of the HPZ.
         b.   The TPCHC may continue the hearing on an item only once before making a decision, unless the applicant for the requests a further continuation.
         c.   It is the responsibility of each applicant for IID zoning option to verify the current contributing or eligibility status of the property in question with the of Tucson's Historic Preservation Office.
         d.   The TPCHC Plans Review Subcommittee reviews for compliance with the design requirements of the applicable Sub-District and for design compatibility of a proposed .
            (1)   New must be designed to complement and be compatible with the architecture of .
            (2)   Compatibility with is to be achieved through architectural elements such as , step-backs, textures, materials, forms, and landscaping.
            (3)   Exceptions
               The PDSD Director may waive the compatibility requirement of this section under the following circumstances:
               (a)   Where the lot is vacant; or
               (b)   If the property owner of the waives the requirement; or
               (c)   If the lot is developed with a non-residential building.
         e.   It is not the intent of the design review process to impose additional limitations or preservation requirements on the allowable in the IID. Unless a limitation in a Sub-District is specifically required herein, the proposed may use the entire allowed by the IID.
      3.   Demolition
         a.   Whether a proposed is within or outside the boundaries of a HPZ, IID zoning option may not be used for a that proposes demolition of a that is any one or combination of the following:
            (1)   A property listed or eligible to be listed in the National or Arizona Register of Historic Places, individually or as a contributing property.
            (2)   Designated as a .
         b.    For purposes of sub-section (a) above, the prohibition against the use of the IID zoning option applies to any where any demolition of a occurs on that property on or after the effective date of Ordinance No. 11640 (May 23, 2019).
            For any where a demolition of a occurred on the property during the time period from February 18, 2015 and May 23, 2019, the application will be governed under the provisions of Ordinance No. 11246 (adopted February 18, 2015).
         c.   Exception
            Partial demolition of a is allowed if the State Historic Preservation Office (SHPO) determines that the demolition will not cause the to be de-listed or to become ineligible for listing in the future.
      4.   De-Listing
         In no event may the IID zoning option be used if the would, in the opinion of the Historic Preservation Officer, cause a in the IID to be de-listed or no longer eligible for listing.
   F.    in a NPZ
      If a proposed is located within a NPZ, the must be reviewed by the pursuant to the design of the applicable NPZ.
   G.   Composition of the IID Design Review Committee (IID DRC)
      1.   The IID DRC is composed of any combination of the following members appointed by the Manager for a four year term:
         a.   The .
         b.   One registered architect.
         c.   One registered landscape architect.
         d.   One registered contractor or member of the community.
         e.   One member to represent all within the IID.
      2.   A member of the IID DRC may be removed by the Manager with or without cause. A member who misses four consecutive meetings for any reason or fails to attend for any reason at least 40% of the IID DRC meetings within one calendar year is automatically and immediately removed as a member of the IID DRC. The Manager shall promptly fill any vacancy on the IID DRC by appointing a member to fill that vacancy. All members shall be provided notice of any IID DRC meeting.
      3.   The IID DRC may include one or more ad-hoc members from among the following, as applicable:
         a.   For within the DLS Fourth Avenue Area, one local Fourth Ave. business owner.
         b.   For within the DCS, one person from the Downtown Partnership Association.
         c.   One member appointed by the for the area in which the proposed is located. If the is located in an area that does not have a , the ad-hoc member is appointment by an association within 300 feet of the that is within the same IID Sub-District.
         d.   For within or to a HPZ, the member should be a member of the HPZ advisory board of the affected HPZ.
      4.   The IID DRC shall adopt rules of procedure necessary to carry out its functions. The PDSD shall make these rules available to the public.
   H.   IID DRC Quorum, Voting, and Recommendation
      1.   Ad-hoc members are voting members of the IID DRC.
      2.   A quorum of the IID DRC is the and at least two other members.
      3.   Notwithstanding Subsection H.2 above, if for any reason the Manager has not appointed the members of the IID DRC, or a quorum is not obtained for a particular application, the shall make a recommendation directly to the PDSD Director.
      4.   The may give a recommendation separate from the IID DRC recommendation in all cases.
   I.   IID DRC Review
      1.   All submitted using the IID zoning option that are reviewed by the IID DRC for compliance with applicable IID and requirements, and the IID DRC may also comment on other aspects of the .
      2.   An applicant may request a pre-application review by the DRC to receive input on the proposal's features. Afterwards, the IID DRC must review an item once and may continue the item one time, unless the applicant asks for further continuances.
   J.   Review by the
      1.   Prior to the IID DRC meeting, applicants must meet with the to discuss the and its compliance with the IID and applicable Sub-District design and requirements.
      2.   The must provide a written report to the applicant, the IID DRC members and the PDSD Director containing all of the following:
         a.   A listing and description of the recommendations and any other issues of concern raised by the IID DRC.
         b.   A statement whether the proposal complies with the applicable design .
         c.   Recommendations on any modifications to the needed to bring it into compliance with the design .
         d.   The may also make separate recommendations to the PDSD Director on other aspects of the , such as façade treatment, colors, and similar design elements, including all relevant elevations and pictures describing the recommended design or mitigation features.
   K.   Review by the Mayor and Council of Group Dwellings
      Group dwellings developed under IID Optional Zoning, as defined in Section 11.4.8 specifically for use in the IID, require the approval of Mayor and Council pursuant to Section 3.4.4, Mayor and Council Special Exception Procedure.
   L.   PDSD Director Decision
      1.   The IID DRC's and recommendations are advisory to the PDSD Director, and the Director makes the final decision on a compliance with IID and applicable Subdistrict requirements and .
      2.   The IID DRC and the may recommend, and the Director may add special conditions to an approval pursuant to Subsection J above, to assure compliance with the intent of the IID, to address safety issues, and to address certain commitments to neighbors made by the applicant.
      3.   Special conditions may include mitigation or plans based on the scale, setting, and intensity of the proposed on a case by case basis. Examples of such plans may include, but are not limited to any one or more of the following:
         a.   A vehicular reduction plan to ensure residences are most effectively using alternate modes of transportation. Proposed methods to reduce vehicular use may be one or more of the following: transit passes, ride share, bike share or car share programs, shared parking agreements among multiple uses, and proposals to separate the cost of parking spaces from residential spaces or a similar method approved by the PDSD Director.
         b.   A noise mitigation plan to ensure the design of the proposal does not substantially increase noise above current ambient noise levels.
         c.   A traffic impact analysis that may include a mitigation plan with traffic calming elements and safety .
         d.   A behavioral management plan and security plan that includes self-policing and techniques to reduce the impacts of noise, odors, unruly behavior or other similar adverse effects on residential property.
         e.   A shadow plan when to detached single-family dwellings.
         f.   A ground vibration monitoring study to .
         g.   Proposed within or to an HPZ should reference the appropriate HPZ guidelines in Section 9-02.7.0 of the Technical Standards Manual.
   M.   Final Approval
      1.   Within ten days after receiving final recommendations from the IID DRC and the , the PDSD Director must make a final decision pursuant to Section 5.12.6.L, except as provided below.
      2.   Group Dwellings, as defined in Section 11.4.8 for within the IID, require final approval pursuant to Section 3.4.4, Mayor and Council Special Exception Procedure.
   N.    Review of Plans
      Prior to the issuance of a permit for under the Optional IID provisions, the will review the package and the plans for compliance with the approved IID Plan.
   O.   Appeals
      A may appeal the PDSD Director's decision on IID on the grounds that the decision is not in conformance with the criteria established by the UDC.  Except for a decision on a proposed , which is approved or denied by the Mayor and Council pursuant to 3.4.4., Mayor and Council Special Exception Procedures, appeals must be filed and are heard in accordance with the following procedure:
      1.   Appeals of the 's decision for reviewed pursuant to a minor review process are heard in accordance with Section 3.10.2, Board of Adjustment Appeal Procedure. The notice of intent to appeal must be filed with the PDSD no later than five days after the effective date of the decision.  The complete appeal materials must be filed with the Zoning Administrator within 14 days of the effective date of the decision.  The appeal fees must be paid to the PDSD at the time the complete appeal is filed.
      2.   Appeals of the 's decision for reviewed pursuant to a major review process are heard in accordance with Section 3.9.2, Mayor and Council Appeal Procedure. The notice of intent to appeal must be filed with the Clerk no later than 14 days after the effective date of the decision.  The complete appeal materials must be filed with the Clerk within 30 days of the effective date of the decision.  A copy of the complete appeal materials must be provided to the PDSD at the time it is filed.  The appeal fees must be paid to the PDSD at the time the complete appeal is filed.
   P.   Timeline for Approval
      Timelines for approval are contained in Section 3.02 or 3.03 of the Administrative Manual depending upon the procedure chosen by the developer of the IID .
   Q.   Amendments to an IID Plan or Approved Design Package
      1.   An amendment or revision to an approved IID Plan is subject to the same procedure as the initial approval.
      2.   An amendment or revision to an approved Design Package is subject to the following approval procedure, unless determined to be a non-substantive change by the designated :
         (a)   The applicant or consultant shall provide a written report to the PDSD containing all of the following information: a listing, description, and exhibit of the design modification(s), modifications may be site changes, façade treatment, building materials, and a statement whether the proposal complies with the previously approved applicable design standards.
         (b)   The designated shall draft a recommendation outlining the following: if the design modification meets the intent of the IID, is an unsubstantial, a minor change, or a major change.
         (c)   The PDSD shall make the final decision on the design amendment or revision change.
(Am. Ord. 11246, 2/18/2015; Am. Ord. 11639, 4/23/2019; Am. Ord. 11640, 4/23/2019; Am. Ord. 11732, 2/19/2020)