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ARTICLE 2: REVIEW AUTHORITIES AND POWERS
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)
   2.2.11.   
   2.2.12.   Sign Design Review Committee
2.1.   PURPOSE OF ARTICLE
   This article describes the powers and responsibilities of the legislative and administrative bodies, appointive officers, municipal agencies, and boards and commissions involved in the planning, zoning, and division of land within the .
2.2.   REVIEW AND DECISION-MAKING BODIES
2.2.1.   MAYOR AND COUNCIL
   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)
2.2.2.   CITY MANAGER
   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 .
2.2.3.   PLANNING COMMISSION
   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.
2.2.4.   ZONING EXAMINER
   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
      The Zoning Examiner hears and decides requests to exceed the amount of expansion allowed for and land area devoted to a in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure, and Section 9.2.2, Expansion of a .
      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.
2.2.5.   BOARD OF ADJUSTMENT
   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
         The B/A hears and decides requests for variances from the provisions of the in accordance with Sections 3.10.1 and 3.10.3, Board of Adjustment Variance Procedure, and standards for a B/A decision.
         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
   The B/A hears and decides appeals of Zoning Administrator’s interpretations of the official in determining exact locations of lines as shown on the in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeal Procedure.
   E.   Appeals of Design Development Option (DDO) Decision
   The B/A hears and decides appeals of decisions by the PDSD on DDO applications in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeal Procedure.
   F.   Appeals of Administrative Design Review Decision
   The B/A hears and decides appeals of decisions by the PDSD on Administrative Design Review applications in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeal Procedure. In considering the appeal, the B/A shall apply the same findings required of the PDSD .
   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 .
2.2.6.   DESIGN REVIEW BOARD
   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
      The DRB reviews, for recommendation, in the Rio Nuevo Area (RNA) under existing underlying zoning, as provided in Section 5.12.2.C.1 and 5.12.4.D. In formulating its recommendation, the DRB shall apply the design standards in Section 5.12.7.
      15.   Neighborhood Preservation (NPZ), Appeals
      In accordance with Section 5.10.3.H, the DRB hears and decides appeals from decisions of the PDSD on NPZ Design Review application in accordance with Section 3.9.1, Design Review Board Appeal Procedure.
      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)
2.2.7.   TUCSON-PIMA COUNTY HISTORICAL COMMISSION
   The Tucson-Pima County Historical Commission is established to advise the Mayor and Council, the City Planning and Development Services Department (PDSD), the Board of Supervisors, and the applicable officials on issues concerning , , and new construction and demolition within Historic Preservation or within the community. The functions and duties of the Tucson-Pima County Historical Commission as provided herein shall be performed by the Tucson-Pima County Historical Commission Plans Review Subcommittee.
   A.   Establishment
   The Tucson-Pima County Historical Commission is established and constituted as provided in Chapter 10A, Boards and Commissions, of the Tucson Code.
   B.   Administrative Functions
   The Tucson-Pima County Historical Commission Plans Review Subcommittee’s administrative functions are as provided in Chapter 10A, Boards and Commissions, of the Tucson Code.
   C.   Powers and Duties within the
   In addition to the powers and duties provided in Chapter 10A, Boards and Commissions, of the Tucson Code, the Tucson-Pima County Historical Commission Plans Review Subcommittee shall perform the following duties.
      1.   Establishment of an Historic Preservation or
      The Tucson-Pima County Historical Commission Plans Review Subcommittee shall review all requests to establish an HPZ or in accordance with Section 5.8.3.D.
      2.   Amendments to an Existing Historic Preservation or
      The Tucson-Pima County Historical Commission Plans Review Subcommittee shall review any request to amend an existing HPZ or in accordance with Section 5.8.3.D.
      3.    Review
      The Tucson-Pima County Historical Commission Plans Review Subcommittee shall review any proposal within an HPZ for compliance with design and construction requirements and standards in accordance with Section 5.8.8.
      4.   Demolition Review
      The Tucson-Pima County Historical Commission Plans Review Subcommittee shall review all proposals to demolish any within an HPZ or a in accordance with Section 5.8.10.
2.2.8.   HISTORIC PRESERVATION ADVISORY BOARDS
   For each HPZ proposed or established, an HPZ advisory board is appointed to assist the Mayor and Council and the Planning and Development Services Department (PDSD) in evaluating establishment of, or amendment to, an historic and in evaluating proposed within an adopted Historic Preservation .
   A.   Composition
   Each HPZ advisory board shall consist of at least six, but not more than 15, members. Members may be either voting or non-voting advisory members.
      1.   Appointment
      Members of each HPZ advisory board are appointed by the Mayor and Council.
      2.   Qualifications
      For each HPZ advisory board, approximately one-third of the voting members must be residents within the historic ; approximately one-third of the voting members must be property owners within the historic ; and approximately one-third of the voting members must have special qualifications in such areas as archaeology, architecture, architectural history, local history, historic preservation law, landscape architecture, planning, construction, or other related field. The application information for all prospective members must be accompanied by a statement of interest, including the category in which they would serve. The information for members having special qualifications shall also reference the individuals’ educational and professional experience. The PDSD , the Historic Preservation Officer, and a member of the Tucson-Pima County Historical Commission Plans Review Subcommittee shall review the information for applicants in the special qualifications category and make recommendations prior to the nomination being forwarded to the Mayor and Council for consideration. Members serve without compensation.
      3.   Terms
      The term of each member of an HPZ advisory board is for a maximum of four years, expiring on December 31 of the fourth year. Terms may be staggered to assure continuity. Members are eligible for reappointment.
      4.   Removal
      A member of an HPZ advisory board may be removed by a two-thirds vote of the Mayor and Council.
   B.   Administrative Functions
   Each HPZ advisory board shall perform the following administrative functions.
      1.   Election of Officers
      Each HPZ advisory board elects a Chair and Vice Chair from among its members. The terms of the Chair and Vice Chair are one year.
      2.   Meetings
      Each HPZ advisory board holds as many regular meetings as necessary to conduct its business in a timely manner. All meetings shall be open to the public.
      3.   Quorum and Voting
      A majority of the voting members constitutes a quorum of an HPZ advisory board. The concurring vote of the majority of members present and voting is necessary to make any recommendation to the PDSD or to the Mayor and Council. If a concurring vote cannot be attained within the specified time allotted by the review procedure, the matter will be forwarded without recommendation.
      4.   Records
      Each HPZ advisory board shall keep a public record of its actions, findings, and recommendations. Records may be found at the City Clerk’s office.
      5.   Rules of Procedure
      Each HPZ advisory board may adopt rules of procedure necessary to carry out its functions. Copies of such rules will be filed with the City Clerk and made available to the public through the Planning and Development Services Department (PDSD).
      6.   Training
      HPZ advisory boards shall schedule not less than one meeting per year for the purposes of training related to their design review responsibilities. The training shall be coordinated with the City’s Historic Preservation Officer.
   C.   Powers and Duties
   Each HPZ advisory board shall perform the following duties.
      1.   Establishment of Historic Preservation
      Upon receipt of a request to establish an HPZ, the Mayor and Council may establish an HPZ advisory board for the proposed historic to evaluate and make recommendations on the proposed establishment of the HPZ in accordance with Section 5.8.3, Establishment and Amendment to Historic Preservation . As part of the review, the HPZ advisory board makes recommendations on the boundaries of the HPZ and which or are to be designated “ ” and “ .”
      2.   Historic District Amendments
      Each HPZ advisory board shall make written recommendations to the PDSD and to the Mayor and Council concerning amendments to the boundaries of its HPZ and the addition or deletion of designated and in accordance with Section 5.8.3, Establishment and Amendment to Historic Preservation .
      3.   Historic Preservation
      Each HPZ advisory board shall review and make written recommendations to the PDSD on applications involving new construction, additions, , and moving or demolition of existing located within its HPZ for compliance with the purpose and intent of the HPZ and all applicable provisions and standards.
      4.   Permitted Uses
      The HPZ advisory board shall review applications for resident uses and make recommendations to the PDSD .
2.2.9.   PLANNING AND DEVELOPMENT SERVICES DEPARTMENT (PDSD)
   A.   Functions and Duties
   The PDSD shall generally administer and enforce the , serve as the planning agency when applicable, and in addition shall have the following specific responsibilities.
      1.   Implementation of and Compliance with the
      The PDSD is responsible for the implementation of and assuring compliance with the applicable provisions of the on all being developed under the existing zoning of a property, including applicable overlay .
      2.   
      The PDSD is responsible for maintaining the official and for the coordination and review of any request to amend the zoning boundaries as provided on the maps.
      3.   Board of Adjustment (B/A)
      The PDSD is responsible for scheduling meetings, providing agendas and public notice of meetings, and maintaining public records of the B/A’s findings and decisions.
      4.   Design Review Board (DRB)
      The PDSD is responsible for scheduling meetings, providing agendas and public notice of meetings, and maintaining public records of the DRB’s decisions.
      5.   Historic Preservation (HPZ)
      The PDSD shall coordinate review of all , new , and demolitions within the HPZ and perform any other administrative function as required by Section 5.8, “H” Historic Preservation .
      6.    , , and
      The PDSD is responsible for the review of all proposals for compliance with the , including Flexible Lot Development, , and split standards as provided in Article 8, Land Division and Standards.
      7.   Rezoning, Planned Area Development (PAD), Planned Community Development (PCD), Urban Overlay District (UOD), and Neighborhood Preservation (NPZ)
      The PDSD shall review and provide recommendations for all PAD, PCD, UOD, and NPZ applications and any rezoning initiated by the Mayor and Council.
      8.   Special Exception
      The PDSD is responsible for review and recommendation for an application for a special exception in accordance with the .
      9.   Amendment of
      The PDSD is responsible for review of and provide recommendations on amendments to the .
      10.   Planning Commission
      The PDSD shall provide technical assistance to and be responsible for scheduling meetings, providing agendas and public notice of meetings, and maintaining public records of the Planning Commission’s findings and decisions.
      11.    Regulations
      The PDSD shall administer and enforce zoning regulations in accordance with provisions of this and applicable Arizona Revised Statutes.
      12.   Non-conforming Uses, Temporary Uses and
      The PDSD shall evaluate and make decisions on non-conforming uses and temporary uses and in accordance with the .
      13.   100' and 400' Notice Procedures
      The PDSD shall evaluate and make decisions whether an application will be reviewed in accordance with Section 3.3.4, 100' Notice Procedure, or Section 3.3.5, 400' Notice Procedure.
      14.   Modifications to the Standards
      The PDSD shall evaluate and make decisions on an application to modify standards such as , parking, screening and in accordance with the .
      15.   Administrative Design Review
      The PDSD shall evaluate and make decision on an application under the Administrative Review Procedure in accordance with the .
      16.   Amendments to and Administration of (including Area, Sub-Area, and Neighborhood Plans)
         a.   Amendments
         The PDSD shall review and provide recommendations to the Planning Commission and the Mayor and Council on amendments to . The PDSD may coordinate with the HCDD when developing its recommendation.
         b.   Administration
         The PDSD shall provide for the maintenance and administration of .
      17.   Other Responsibilities
      The PDSD shall perform such other functions as may be required by the Mayor and Council, City Manager, or the .
      18.    of the Planning and Development Services Department (PDSD)
      The PDSD shall be the chief administrative officer of PDSD. The PDSD , or designee, shall be responsible for administering the functions and duties of PDSD listed in this section. The PDSD or designee may perform other functions and duties, including assisting the Zoning Administrator in enforcing the , as may be required for the administration of the department or as provided by the City Manager or the .
      19.   Zoning Administrator
      The Zoning Administrator, who is appointed by the PDSD , shall perform the duties and responsibilities as described below. The PDSD shall designate a temporary Zoning Administrator whenever the Zoning Administrator is unable to perform the duties of the office due to illness, potential conflict of interest, or similar reason.
         a.    Determinations
         The Zoning Administrator shall interpret the and the provisions of the and make determinations in accordance with Section 1.5.1, Zoning Determinations and Zoning Certifications by the Zoning Administrator.
         b.    Enforcement
         The Zoning Administrator shall enforce the with assistance from the PDSD and the Housing Community Development Department as provided in Section 10.2, Enforcement Authority, and from other departments as may be provided by the City Manager and Mayor and Council.
         c.   Other Responsibilities
         The Zoning Administrator shall perform such other functions as may be required by the PDSD or the .
(Am. Ord. 11732, 2/19/2020)
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