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5.10.1.   PURPOSE
   Preserving and enhancing Tucson’s established neighborhoods is critical to conserving the cultural and historic heritage of the . The purposes of the Neighborhood Preservation (NPZ) are:
   A.   To provide a process for the establishment of NPZ districts to preserve, protect and enhance the unique character and historical resources of established neighborhoods; and,
   B.   To provide for the creation and establishment of a neighborhood-specific design manual for each NPZ district, containing architectural and design standards and guidelines to ensure that is with the overall, as well as with the character of the applicable .
5.10.2.   ESTABLISHING AN NPZ
   A.   Establishment or Dissolution of, or Amendment to a Neighborhood Preservation
      1.   An NPZ is initiated by the Mayor and Council at their sole discretion.
      2.   An NPZ is established, amended, or dissolved by the Mayor and Council by ordinance in accordance with Section 3.5, Rezoning (Change of Zoning) Procedure.
   B.   Eligibility and Applicability
      1.   The NPZ is an overlay superimposed over the standards of the underlying zoning. The permitted within the NPZ district are those permitted by the underlying zoning;
      2.   Neighborhoods listed on the National Register of Historic Districts, include a National Register Historic District, or are eligible to be listed on the National Register of Historic Districts and have completed a National Historic District Nomination or Eligibility Assessment application are eligible for the NPZ; and,
      3.   An NPZ applies to residential only.
   C.   Design Manual
      1.   The Design Manual is created upon initiation of the NPZ district and shall, at a minimum contain the following:
         a.   NPZ District
            (1)   Identification of within the NPZ District;
            (2)   Identification of the defining characteristics of the NPZ district. Such identification may include excerpts or references to those portions of the National Register nomination or eligibility document that summarize the defining characteristics of the ; and,
            (3)   Illustrations and narratives describing (1) and (2) above.
         b.   NPZ District Map
         The Design Manual shall include a map of the boundaries of the NPZ district showing the and the boundaries of the National Register District or area eligible for a National Register District.
         c.    Review Standards
         The Review Standards determine a proposed ’s with the in the . The basis for the Review Standards is the defining characteristics of the National Register Historic District as identified in the ’s nomination or eligibility document. A description and examples of each of the following elements shall be provided in the Design Manual:
            (1)   Scale and , such as height, bulk and massing, and number of stories;
            (2)   Architectural style and detail, such as roof types, projections and recessions (e.g., porches, awnings, overhangs, steps, and entrances), window sizes and spacing, materials, and surface texture and colors;
            (3)   Spatial relationships and , such as spacing between   , front and rear side , , attachments (e.g., and ), and outbuildings; and,
            (4)    . shall only be reviewed for when a proposes a comprehensive change to the streetscape such as the construction of a new residential unit.
         d.   Privacy Measures
         The Design Manual shall recommend specific privacy measures to be considered in a NPZ Design Review in accordance with Section 5.10.3.A.2. Examples of privacy include vegetative or other screening or siting elements, walls, siting of or windows, and eliminating balconies or similar features to reduce views towards the existing dwellings.
         e.   Other Standards
         Dimensional, spatial, and access standards, if adopted by Mayor and Council as mandatory in accordance with Section 5.10.2.C.2, shall be included in the Design Manual.
      2.   Dimensional, Spatial, and Access Standards
      The Design Manual may contain dimensional, spatial, or access standards, subject to the following:
         a.   The dimensional, spatial, and access standards may differ from the standards in Article 6 and Article 7 of the . Such standards may be more or less restrictive than those of the underlying provided they comply with the following:
            (1)   Do not create a or intrude on the privacy of or surrounding properties;
            (2)   Create a more historically setting, accommodate energy efficiency or, ensure enhanced resource conservation greater than current standards; and,
            (3)   In the case of access standards, specify measures to ensure safe access.
         b.   The Mayor and Council may adopt dimensional, spatial, and access standards as mandatory requirements upon a finding by the of PDSD that the proposed standard complies with this section.
         c.   Dimensional, spatial, and access standards not adopted as mandatory requirements shall be advisory for purposes of a review.
   D.   Districts Established
      1.   NPZ districts are established upon adoption of a rezoning ordinance for a neighborhood. The Design Manual created in accordance with Section 5.10.2.C is a condition of the NPZ district.
      2.   Adopted NPZ districts shall use the following format: “NPZ-1" - NAME OF DISTRICT - Adopted on XXX, by Ordinance No. XXX.
   E.   
   To identify each of the NPZ districts on the City of Tucson , the preface “N” is added to the assigned residential zoning designation, i.e., R-1 becomes NR-1.
5.10.3.   NEIGHBORHOOD PRESERVATION (NPZ) DESIGN REVIEW PROCEDURE
   The purpose of the NPZ Design Review Procedure is to ensure compliance with the requirements of this ordinance and the applicable NPZ.
   A.   Applicability
      1.   An NPZ Design Review is required of all that:
         a.   Is zoned NRX-1, NRX-2, NR-1, NR-2, NR-3, NRH, NSR, and NSH;
         b.   Requires a permit; and,
         c.   Is visible from a that is not classified as an , unless the PDSD makes a finding that a proposed ’s visibility from the is so minimal as to be immaterial for purposes of the application of this section.
      2.   Compliance with the privacy standards of the applicable design manual is required when the following types of are proposed to existing single story residences:
         a.   Construction of a multistory residence;
         b.   Addition of a story to an existing residence; or,
         c.   Additions to existing second or higher stories.
      3.   An NPZ Design Review is not required of the following:
         a.   Interior renovations or construction within the interior of a ;
         b.    maintenance, repairs, or painting or minor   , such as window or door or replacements, or minor additions to an existing residence that do not affect the external appearance of the as seen from the ; or,
         c.   Exterior that is not visible from the , except the Privacy Measures, Section 5.10.3.A.2, apply to any proposed that exceeds the height of residential on properties.
      4.   Where there is a conflict between the standards of the applicable Historic Preservation (HPZ) and the standards of the NPZ, the standards of the HPZ prevail.
   B.   Pre-Application Conference
   A pre-application conference between the applicant, the PDSD, and the is required when are required to be reviewed in accordance with the NPZ Design Review Procedure. The purpose of the pre-application conference is to review the and identify all applicable requirements, including the Review Standards, and whether privacy is required.
   C.   Application
   Submittal of an application to the PDSD is required in order to process the request. Applications are reviewed for completeness. If an application is rejected, the applicant may resubmit the application.
   D.   Review
   Accepted applications are forwarded to PDSD staff and the . The PDSD staff reviews the application for compliance with applicable requirements. The reviews the application to determine compliance with the neighborhood specific design manual.
      1.    within a ’s as determined by Section 11.4.5 (Definitions - D) shall be used when identifying the Review Standards.
      2.   If the for the proposed does not contain , the shall be expanded in every direction until the includes at least one .
      3.   The shall consider the relative impact and intensity of the proposed when reviewing the application and in rendering his or her findings and recommendations.
      4.   Approval of proposed may be subject to special conditions to provide for compliance with the Review Standards.
   E.   Findings and Recommendation
   The shall submit a written report that includes the Review with findings and a recommendation to the PDSD .
   F.   PDSD Decision
   The PDSD shall review the application and render a decision finding compliance or noncompliance with the NPZ and the neighborhood specific design manual within five of receiving the ’s report.
   G.   Notice of Decision
   Notice of the decision shall be mailed to the applicant, property owners within 100 feet of the subject , and to the that includes the subject within three of the date of the decision.
   H.   Appeal to the Design Review Board (DRB)
   A may appeal the PDSD ’s decision on NPZ Design Review applications. Appeals are considered by the Design Review Board in accordance with Section 3.9.1, Design Review Board (DRB) Appeal Procedure. A notice of intent to appeal must be received y the PDSD within 14 of the effective date of the ’s 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 neighborhood specific design manual and review standards.
   I.   Appeal to the Board of Adjustment (B/A)
   A may submit an appeal of the DRB’s decision to the B/A in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeals Procedure. A notice of intent to appeal must be received by PDSD within 14 of the effective date of the DRB’s decision. The complete appeals material must be filed within 30 of the effective date of the decision.
(Am. Ord. 11732, 2/19/2020)
5.11.   [RESERVED]
   Editor's Note: Former Section 5.11, Rio Nuevo District (RND), comprising former Sections 5.11.1 through 5.11.9, was repealed in its entirety by Ord. No. 11246, adopted 2/18/2015. For current provisions pertaining to similar subject matter, see Section 5.12.7, Rio Nuevo Area (RNA) Zoning Design Standards.
5.12.   DOWNTOWN AREA INFILL INCENTIVE DISTRICT (IID)
5.12.1.   PURPOSE
   The primary purpose of the Downtown Area Infill Incentive (IID) is to encourage redevelopment in the following ways:
   A.   Encourage sustainable infill that supports the creation of urban neighborhoods that are pedestrian and transit-oriented and benefits the IID, the major activity centers in the area, and the as a whole, while promoting compatibility with existing residential and non-residential properties and neighborhoods;
   B.   Address barriers to infill in the Downtown Area Infill Incentive (IID), such as incompatible   and associated barrier issues;
   C.   Implement the IID purposes by offering incentives permitting a modification of requirements;
   D.   Provide for appropriate transitional design where the or is to existing single-family residential ;
   E.   Protect and historic neighborhoods and existing residential neighborhoods from potential negative impacts of new ; and,
   F.   Consolidate the regulations and design that apply to downtown areas into a single ordinance by moving certain provisions of the Rio Nuevo (RND) overlay , former Section 5.11, into the IID Rio Nuevo Area (RNA) and renumbering them to conform to the numbering of the IID.
(Am. Ord. 11246, 2/18/2015)
5.12.2.   ESTABLISHMENT
   A.   The IID is comprised of the Sub-Districts listed below. For the boundaries of the IID and Sub-Districts see Section 5.12.18 (Figure 5.12.18-1). The exact boundaries of the IID overlay and Sub-Districts are identified on the official kept on file at the Planning and Development Services Department (PDSD) and the Clerk's Office.
      1.   The Rio Nuevo Area (RNA), Section 5.12.7.
         a.   The RNA Section 5.12.7 includes all properties in the area previously included in the former RND.
         b.   The RNA encompasses portions of the Downtown Core Sub-District (DCS), Greater Infill Incentive Sub-District (GIIS), and the Downtown Links Sub-District (DLS) as shown on the map in Exhibit 5.12.18-1.
      2.   The GIIS, as outlined in Section 5.12.9.
      3.   The DCS, as outlined in Section 5.12.10.
      4.   The DLS, as outlined in Section 5.12.11, which is further subdivided into the following Areas:
         a.   Toole Avenue Area (TAA), Section 5.12.12.
         b.   Warehouse Triangle Area (WTA), Section 5.12.13.
         c.   Fourth Avenue Area (FAA), Section 5.12.14.
         d.   Iron Horse Area (IHA), Section 5.12.15.
         e.   Stone/Sixth Area (SSA), Section 5.12.16.
         Some of the DLS Areas listed above are further subdivided into Sub-Districts (see Section 5.12.11.A).
   B.   The IID contains both mandatory and optional overlay   and requirements. Plans submitted in accordance with the IID shall comply with the applicable of this Section.
      1.   If utilizing the IID Zoning Option for s proposing exterior or modifications within the RNA overlay, the requirements and of the RNA are mandatory.
      2.   The GIIS, the DCS, and DLS, are optional overlay and regulations, which a property owner may chose in lieu of the underlying zoning (IID zoning option).
   C.   Depending on the choice of the owner, plans submitted for of land in the IID must comply with the applicable IID regulations and as follows:
      1.    under existing underlying UDC zoning:
         a.   The regulations and of the underlying apply; and,
         b.   If the property is located within the boundaries of the RNA, all of the following regulations, , and review procedures apply:
            (1)   The regulations and of the underlying zoning;
            (2)   The RNA in Section 5.12.7;
            (3)   Section 5.12.6.E.; and,
            (4)   RNA applications for are reviewed by the Design Review Board (DRB) pursuant to Section 2.2.6, Design Review Board.
      2.    under the IID zoning option:
         a.   The regulations and of the applicable IID Sub-District, Area or Sub-Area in which the   is located, apply.
         b.   Regardless of the Sub-District, Area or Sub-Area, all in the IID must submit a plan and comply with the following:
            (1)   Section 5.12.5, IID Plan Submittal Requirements; and,
            (2)   Section 5.12.6, IID Plan Review and Approval Procedures Under the IID Zoning Option.
         c.    in the GIIS and DCS must comply with the design and requirements of Section 5.12.8, General IID Zoning Option Design Standards.
         d.   Applications for IID zoning option are reviewed either under the major or minor design review process for compliance with the applicable and requirements pursuant to Section 5.12.6.I.
   D.   An IID Plan using the IID zoning option provisions cannot be used in conjunction with other waiver or modification provisions provided by the (UDC). This prohibition does not apply to Section 7.4.5, Individual Parking Plan, IPP, which may be used in conjunction with the IID zoning option provisions.
   E.   Conflict of Laws.
      1.   The requirements and of the IID provisions should be interpreted to avoid conflict whenever possible with other UDC provisions.
      2.   Where the of this Section conflict with other Sections of the UDC, the of this Section shall control.
      3.   Where the of the DLS conflict with the general IID of Section 5.12.8, of the DLS apply. Flexible alternatives to encourage innovative design solutions may still be allowed.
   F.   Amendments to or dissolution of the IID are processed in accordance with Section 3.7, UDC Text Amendment Procedure.
(Am. Ord. 11246, 2/18/2015; Am. Ord. 11640, 4/23/2019)
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