Section
2.1. PURPOSE OF ARTICLE
2.2. REVIEW AND DECISION-MAKING BODIES
2.2.1. Mayor and Council
2.2.2. City Manager
2.2.3. Planning Commission
2.2.4. Zoning Examiner
2.2.5. Board of Adjustment
2.2.6. Design Review Board
2.2.7. Tucson-Pima County Historical Commission
2.2.8. Historic Preservation
Advisory Boards
2.2.9. Planning and Development Services Department (PDSD)
2.2.10. Housing and Community Development Department (HCDD)
2.2.12. Sign Design Review Committee
The Mayor and Council perform the following functions:
A.
The Mayor and Council shall adopt a comprehensive, long-range
for the
of the
known as the
as mandated by the A.R.S. §§ 9-461.05 et seq. and in accordance with the procedures in Section 3.6,
Plan Adoption and Amendment Procedures.
B.
and Regulations
The Mayor and Council shall adopt
, regulations, programs, and legislation as may be needed for the systematic implementation of the
and as required by Arizona Revised Statutes in accordance with the procedures in Section 3.6,
Plan Adoption and Amendment Procedures.
C. Redevelopment Plans
The Mayor and Council may adopt or amend redevelopment plans, which are policy plans addressing slum and blighted areas from the standpoint of providing economic incentives to stimulate
/redevelopment, in accordance with Section 3.6,
Plan Adoption and Amendment Procedures.
D.
()
The Mayor and Council shall adopt and amend the
in accordance with Section 3.7,
Text Amendment Procedure.
E. Establishment of Original
Zoning
The Mayor and Council shall establish original zoning for land annexed into the
in accordance with Section 3.5, Rezoning (Change of Zoning) Procedure, and A.R.S. § 9-471.
F. Changes in
Boundaries (Rezonings)
The Mayor and Council shall consider amendments to
boundaries as set forth on the
in accordance with procedures in Section 3.5, Rezoning (Change of Zoning) Procedure.
G. Appeals of Zoning Examiner (Examiner) Decisions, Special Exception
The Mayor and Council shall consider appeals from Zoning Examiner decisions on Special Exception
applications in accordance with Section 3.9.2, Mayor and Council Appeal Procedure.
H.
The Mayor and Council shall consider final
in accordance with procedures in Section 8.4.5, Final , and Arizona Revised Statutes. Authority to approve a tentative is delegated to the
of the Planning and Development Services Department (PDSD).
I. Special Exception
The Mayor and Council shall consider Special Exception
requests requiring Mayor and Council consideration in accordance with procedures in Section 3.4.4, Mayor and Council Special Exception Procedure.
J. Enforcement
The Mayor and Council shall adopt policies for establishing rules and procedures deemed necessary or advisable for the enforcement of the
.
K. Appointments
The Mayor and Council shall appoint the following individuals and members of boards and commissions:
1. Planning Commission in accordance with Section 2.2.3;
2. Board of Adjustment in accordance with Section 2.2.5;
3. Design Review Board in accordance with Section 2.2.6; and,
4.
in accordance with Section 2.2.11.
L. Appeals of
’s 400' Notice Procedure Decisions
The Mayor and Council shall consider appeals of the PDSD ’s decisions on applications under the zoning compliance 400' Notice Procedure in accordance with procedures in Section 3.9.2, Mayor and Council Appeal Procedure.
M.
Plan Approvals
The Mayor and Council shall consider
plans submitted in accordance with A.R.S. §§ 9-1201 et seq. and the procedures in Section 3.12.2, .
(Am. Ord. 11732, 2/19/2020)
The City Manager provides general supervision of and direction to the PDSD and the Housing and Community Development Department (HCDD) in the administration of the
, subject to the control of the Mayor and Council, and is given the authority to perform the following duties.
A. Enforcement
The City Manager assures that the
is enforced and that
agencies and employees provide assistance to the PDSD, HCDD, and other responsible boards and commissions in the planning, zoning, and division of land.
B. Capital Improvement Program
The City Manager, with the assistance of the HCDD and PDSD Directors and other
agencies, shall prepare a coordinated program of proposed public
for the
on an annual basis.
C. Establishment of Fees
The City Manager recommends fees to the Mayor and Council to be imposed in connection with reviews necessitated by the application of the
.
The Planning Commission is established to advise the Mayor and Council, PDSD, and HCDD on the adoption of long-range plans, policies,
, and standards that affect
and
. The Planning Commission serves in the capacity of a planning commission as provided in the Arizona Revised Statutes.
A. Composition
The Planning Commission consists of 13 members as provided below.
1. Appointment
Each member of the City Council appoints two members, both of whom must be residents of the
and at least one of whom must be a resident of the Council member’s ward. The Mayor appoints one member who must be a resident of the
. Should an appointment not be made within 30
of when the position becomes available, the appointment can be made by a majority vote of the Mayor and Council. All members of the Commission serve without compensation.
2. Qualifications
Members of the Planning Commission are appointed on the basis of their interest in
City and its future
, particularly as demonstrated by active participation in community affairs directly related to planning issues. No member shall hold any
,
, or
elective office or be a permanent employee of the
while appointed to the Commission.
3. Terms and Removal from Office
The term of appointment and the removal of a member of the Planning Commission shall be in accordance with Tucson Code, Chapter 10A, Article XIII.
4. Vacancies
All vacant positions on the Planning Commission shall be filled by appointment as described in Section 2.2.3.A.1. An appointment to fill an unexpired term shall be for the unexpired portion of the term.
B. Administrative Functions
The Planning Commission’s administrative functions shall be accomplished as follows.
1. Election of Officers
The Planning Commission shall elect a Chair and Vice Chair from among its members. The terms of the Chair and Vice Chair are one year which shall commence in February of each year.
2. Meetings
The Planning Commission shall hold at least one meeting per month, except when there are no agenda items that require action, but may hold as many meetings as necessary to conduct its business in a timely manner. All meetings shall be open to the public, with the exception of executive sessions.
3. Quorum and Voting
Seven members of the Planning Commission present at a meeting constitute a quorum. A concurring vote of seven members is necessary to make a recommendation to the Mayor and Council. A simple majority of those members present is required to approve or deny any other matter before the Planning Commission. If a concurring vote cannot be attained within the specified time allotted by the procedure on matters requiring Mayor and Council decision, the matter shall be forwarded to the Mayor and Council without recommendation.
4. Records
The PDSD shall keep public records of the Planning Commission’s public hearings, findings, and recommendations.
5. Rules of Procedure
The Planning Commission shall adopt rules of procedure necessary to carry out its functions. Copies of such rules shall be available to the public through the PDSD.
6. Subcommittees
The Planning Commission may create such special subcommittees as it deems necessary or desirable in accordance with Chapter 10A of the Tucson Code. The members of such subcommittees shall be selected from among the members of the Planning Commission and may include other
qualified to contribute to the work of the special subcommittee.
C. Powers and Duties
The Planning Commission shall perform the following duties.
1.
The Planning Commission conducts public hearings and makes recommendations to the Mayor and Council on the adoption of, and amendments to, the
in accordance with Section 3.6,
Plan Adoption and Amendment Procedure.
2.
The Planning Commission conducts public hearings and makes recommendations to the Mayor and Council on adoption of, and amendment to,
, including but not limited to area and neighborhood plans, and on regulations for the implementation of the
in accordance with Section 3.6,
Plan Adoption and Amendment Procedure.
3.
The Planning Commission conducts public hearings and makes recommendations to the Mayor and Council on adoption of, and amendments to, the text of the
in accordance with Section 3.7,
Text Amendment Procedure.
4. Other Matters
The Planning Commission shall review such other issues as might be required by the Mayor and Council, and upon agreement by seven of its members. The Planning Commission may consider any other matter that pertains or is reasonably related to its duties.
The position of the Zoning Examiner is established to conduct public hearings on rezoning requests on behalf of the Mayor and Council and to consider other
applications as provided in the
.
A. Position
The Zoning Examiner serves in accordance with the following provisions.
1. Appointment
The Zoning Examiner is appointed by the City Manager in accordance with Chapter V, Sections 2 and 13, of the City Charter.
2. Qualifications
The Zoning Examiner is appointed on the basis of a demonstrated ability to perform the duties of the office, such as training and experience relevant to the conduct of administrative and adjudicative hearings and knowledge of the principles and practices of
planning. The Zoning Examiner may not hold a
elective office concurrently with this position.
3. Term
The Zoning Examiner serves at the pleasure of the City Manager. The City Manager may designate a qualified
as a temporary Zoning Examiner whenever the Zoning Examiner is unable to perform the duties of the office due to illness, potential conflict of interest, or similar reason.
B. Administrative Functions
The administrative functions necessary to discharge the duties and responsibilities of the Zoning Examiner are assigned to the Zoning Examiner, the City Clerk, and the Planning and Development Services Department (PDSD), as provided in the Zoning Examiner’s Rules and Procedures. Copies of such rules and procedures shall be available to the public through the PDSD.
C. Powers and Duties
The Zoning Examiner shall perform the following duties.
1. Rezoning
The Zoning Examiner conducts public hearings on applications to
property and makes recommendations to the Mayor and Council in accordance with Section 3.5, Rezoning (Change of Zoning) Procedure.
2. Special Exception
The Zoning Examiner conducts public hearings on certain special exception
and, depending upon the applicable procedure, makes decisions, or provides recommendations to the Mayor and Council in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure.
3. Expansion of
4. Substitution of
The Zoning Examiner hears and decides requests to substitute a
for an existing nonconforming
, when the proposed substitution is from a
class that is different from the one to which the existing
belongs in accordance with procedures in Section 3.4.3, Zoning Examiner Special Exception Procedure, and the standards in Section 9.2.4, Substitution with a Use from Different
Class.
5. Other Responsibilities
The Zoning Examiner shall perform such other functions as may be required by the City Manager or the
.
D. Authority and Conduct of the Zoning Examiner
1. The Zoning Examiner may obtain information from all parties, including PDSD review 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 may, after the close of the public hearing, obtain additional information or clarify information presented and of record at the hearing provided the request for additional information or clarification is requested in writing and such request and information are included as part of the record.
2. The Zoning Examiner may not communicate, directly or indirectly, with any
or
’s representative in connection with any issue involved with a particular request, except upon notice and opportunity for all parties to participate; use or rely upon any communication, report, staff memorandum, or other material prepared in connection with the particular case, unless it is made a part of the record; or inspect the
with any
or
’s representative, unless all parties are given an opportunity to be present.
The Board of Adjustment (B/A) is established to hear and decide requests for variances from provisions of the
, appeals of Zoning Administrator’s interpretations, appeals by the applicant from administrative design review decisions, appeals from limited notice procedure decisions and other
issues as provided by the
. The B/A serves in the capacity of a “Board of Adjustment” as provided by the Arizona Revised Statutes.
A. Composition
The B/A consists of seven members as provided below.
1. Appointment
Each member of the City Council appoints one B/A member who must be a resident of the appointing Council member’s ward. The Mayor appoints one B/A member who must be a resident of the
. Should an appointment not be made within 30
of the date the position becomes vacant, the appointment can be made by a majority vote of the Mayor and Council. All members of the B/A serve without compensation.
2. Qualifications
No member of the B/A may hold any
,
, or
elective office or be a permanent employee of the
while a member of the B/A.
3. Terms and Removal from Office
The term of appointment and the removal of a member of the B/A shall be in accordance with Tucson Code, Chapter 10A, Article XIII.
4. Vacancies
Any position on the B/A that is vacated shall be filled by appointment as described in Section 2.2.5.A.1. An appointment to fill an unexpired term shall be for the unexpired portion of the term.
B. Administrative Functions
The B/A’s administrative functions shall be accomplished as follows.
1. Election of Officers
The B/A shall elect a Chair and Vice Chair from among its members. The terms of the Chair and Vice Chair are one year which shall commence in February of each year.
2. Meetings
The B/A shall hold at least one meeting per month, except when there are no agenda items that require action, but shall hold as many meetings as necessary to conduct its business in a timely manner. All meetings shall be open to the public, with the exception of executive sessions.
3. Quorum and Voting
Four members of the B/A present at a meeting constitute a quorum. A concurring vote of four members is necessary to decide any matter within its powers and duties as provided in Section 2.2.5.C. On all other matters before the B/A, a simple majority of those members present is sufficient to approve a motion.
4. Records
The Planning and Development Services Department (PDSD) shall keep public records of the B/A’s hearings, findings, and decisions.
5. Rules of Procedure
The B/A shall adopt rules of procedure necessary to carry out its functions. Copies of such rules shall be available to the public through the PDSD.
C. Powers and Duties
The B/A shall perform the following duties.
1. Appeals of
Interpretations
The B/A hears and decides appeals from interpretations made by the Zoning Administrator in the interpretation, application, or enforcement of the
or in the determination of a
location as provided in Section 1.5.1. For detailed enumeration of the procedures and standards for B/A decisions, see Section 3.10.1, General Board of Adjustment Procedure.
2. Variances from
Provisions
a. Variance Powers Granted to Board of Adjustment
b. Variance Powers Not Granted the Board of Adjustment
The B/A may not:
(1) Delete or vary any use-specific standards applicable to a special exception
as required by the
or as established as a condition by the decision-making body in granting the use, unless specifically allowed by the
;
(2) Make any changes in the uses permitted in any zoning classification;
(3) Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner;
(4) 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
; or,
(5) Grant a variance to the use-specific standards required of educational uses as provided in Section 4.9.3.E.
D. Appeals of
Interpretation
E. Appeals of Design Development Option (DDO) Decision
F. Appeals of Administrative Design Review Decision
G. Appeals of Design Review Board (DRB) Decision on Neighborhood Preservation
(NPZ) Permit
In accordance with Section 5.10.3.I, the B/A hears and decides appeals of the DRB affirming or reversing the ’s decisions of compliance or non-compliance with the neighborhood-specific design manual and
review criteria in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeal Procedure.
H. Other Responsibilities
The B/A shall perform such other functions as may be required by the
.
The Design Review Board (DRB) is established to review proposed
,
,
, architectural features, and
.
A. Composition
The DRB consists of seven members, of whom five are regular members and two are alternates, as provided below. Five members constitute the entire DRB panel at any meeting of the DRB. An alternate member may serve on the DRB panel at a hearing only if a regular member is not available for the hearing.
1. Appointment
Any member of the Mayor and Council may make a recommendation for appointment of a DRB member. Such appointments are made by a majority vote of the Mayor and Council. Alternate members must be identified as such at the time of their appointment. The DRB members must be
residents. All members of the DRB serve without compensation.
2. Qualifications
Of the seven members, there shall be at least one registered architect, one contractor, and two registered landscape architects. No member of the DRB is to hold any
,
, or
elective office or be a permanent employee of the
while a member of the DRB.
3. Terms
The term of each member is four years, beginning with the date of appointment. Members are eligible for reappointment but shall not serve more than eight continuous years. After the eight continuous years of service, a member is eligible for reappointment after a break in service of one year.
4. Vacancies
An appointment to fill an unexpired term is considered a new appointment to a full four-year term in accordance with Subsection 3 above. Any position on the DRB that is vacated shall be filled by appointment as described in Section 2.2.6.A.1.
5. Removal
A member of the DRB may be removed with or without cause by a majority vote of the Mayor and Council. A member who misses four consecutive meetings for any reason or fails to attend for any reason at least 40% of the DRB meetings held in one calendar year is automatically and immediately removed as a member of the DRB.
B. Administrative Functions
The DRB’s shall accomplish the following administrative functions:
1. Election of Officers
The DRB shall elect a Chair and Vice Chair from among its regular members. The terms of the Chair and Vice Chair are one year which shall commence in February of each year. Should both the Chair and Vice Chair be absent from a meeting, an interim Chair shall be voted upon by those members attending.
2. Meetings
The DRB shall hold meetings as necessary to conduct its business in a timely manner. All meetings shall be open to the public.
3. Quorum and Voting
Three members, who may be either regular or alternate members constitute a quorum for a DRB panel at a hearing. Alternate members may serve on a panel or vote on a matter only if they are serving as a replacement for a regular DRB member. Except as provided below, a concurring vote of a majority of the members present and voting is necessary to make a decision. When making a decision on an appeal the ’s decision on Neighborhood Preservation
design review applications, a concurring vote of a majority of the DRB (i.e., three out of five) is necessary to make a decision.
4. Records
The Planning and Development Services Department (PDSD) shall maintain public records of the DRB’s actions, findings, and recommendations.
5. Rules of Procedure
The DRB shall adopt rules of procedure necessary to carry out its functions. Copies of such rules shall be available to the public through the PDSD.
6. Required Action
Applications reviewed for the purpose of providing a recommendation to another board, committee, official, or the Mayor and Council for a decision shall be forwarded without a recommendation should the DRB fail to act within 21
of the date a plan is accepted for review by the DRB. Action by the DRB to continue deliberation to another meeting shall stay the 21-day requirement.
C. Powers and Duties
The DRB shall perform the following duties:
1. Scenic Corridor
(SCZ), Development Review
In accordance with Section 5.3.11.B, the DRB reviews
applications for
located within a SCZ when requested by the PDSD or applicant, in accordance with Section 3.3.3, PDSD
Approval Procedure. The DRB recommendation shall apply the same standards required in Section 5.3.11
.C for the decision of the PDSD
.
2. Scenic Corridor
(SCZ), Variances
In accordance with Section 5.3.14, the DRB reviews, for recommendation to the B/A, all requests for variances from SCZ provisions and shall forward its recommendations in accordance with Subsection 2.2.6.B.6. The DRB recommendation shall apply the same findings required in Section 3.10.3.J for granting a variance. In addition, the DRB may make any recommendation that would assist in mitigating any negative impacts which might occur should the request be granted.
3. Design Development Option (DDO), Appeals
The DRB reviews, for recommendation to the B/A, appeals of decisions by the PDSD on DDO applications in accordance with Section 3.10.2, Board of Adjustment Appeal Procedure. The DRB shall apply the same findings (Section 3.11.1.D, Findings for Approval) required of the PDSD
when making its recommendation.
4. Environmental Resource
(ERZ), Variances
a. In accordance with Section 3.10.3.G.2, the DRB reviews, for recommendation to the B/A, all requests for variances from ERZ standards, in accordance with Sections 3.10.1 and 3.10.3, Board of Adjustment Variance Procedure. The DRB recommendation shall apply the same findings required in Section 3.10.3.J for granting a variance. In addition, the DRB may make any recommendation that would assist in mitigating any negative impacts which might occur should the request be granted.
b. If the City Engineer or designee, a notified property owner, or the applicant for the variance requests consideration of stormwater management issues related to the variance, the Stormwater Technical Advisory Committee may review the variance request concurrently with the DRB and may provide written or oral testimony at the public hearing for the variance request. Any such testimony must address the required findings.
5.
and Screening Standards, Variances
In accordance with Section 7.6.9.D, the DRB reviews, for recommendation to the B/A, all requests for variances from Section 7.6,
and Screening Standards, in accordance with Sections 3.10.1 and 3.10.3, Board of Adjustment Variance Procedure. The DRB recommendation shall apply the same findings required in Section 3.10.3
.J, Findings for Approval, for granting a variance. In addition, the DRB may make any recommendation that would assist in mitigating any negative impacts which might occur should the request be granted.
6. Gateway Corridor
, Variances
In accordance with Section 5.5.6, the DRB reviews, for recommendation, all requests for variances from Section 5.5, Gateway Corridor , in accordance with Sections 3.10.1 and 3.10.3
, Board of Adjustment Variance Procedure. In formulating its recommendation, the DRB shall utilize the same findings required in Section 3.10.3
.K, Findings for Approval, for granting a variance. In addition, the DRB may make any recommendation that may assist in mitigating any negative impacts which may occur should the request be granted.
7. Native Plant Preservation (NPP), Variances
In accordance with Section 7.7.6.B, the DRB reviews, for recommendation to the B/A, all requests for variances from NPP standards in accordance with Sections 3.10.1 and 3.10.3, Board of Adjustment Variance Procedure. The DRB recommendation shall apply the same findings required in Section 3.10.3.K for granting a variance. In addition, the DRB may make any recommendation that would assist in mitigating any negative impacts which might occur should the request be granted.
8. Neighborhood Commercial (NC)
, Development Review
In accordance with Section 4.9.13.M.4, the DRB reviews all proposed nonresidential
, including exterior remodeling, for approval of architectural and
design
with the surrounding residential area.
9. Office (O-1)
, Development Review
In accordance with Section 4.9.4.R.7, the DRB reviews all new office
in the O-1
, including Medical Service - Outpatient.
10. Communications
, PDSD
Special Exception Procedure
The DRB reviews, for recommendation when requested by the PDSD , Communications
in all
that require approval in accordance with Section 3.4.2, PDSD
Special Exception Procedure.
11. Communications
, Zoning Examiner Special Exception Procedure
The DRB reviews, for recommendation, Communications
in all
that require approval in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure.
12. Communications
, Mayor and Council Special Exception Procedure
The DRB reviews, for recommendation when requested by the Mayor and Council, or Zoning Examiner, Communications
in all
that require approval in accordance with Section 3.4.4, Mayor and Council Special Exception Procedure.
13.
: Travelers’ Accommodation, Lodging, Development Review
The DRB reviews all
, travelers’ accommodation, and lodging
in the various
in which the use is permitted, as provided in Section 4.9.7.H.6.
14. Rio Nuevo Area (RNA), Development Review
15. Neighborhood Preservation
(NPZ), Appeals
16. Other Responsibilities
The DRB shall perform such other functions as may be required by the
.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11246, 2/18/2015)
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