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 land use applications as provided in the Unified Development Code (UDC) .

   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 land use planning. The Zoning Examiner may not hold a City 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 person 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 rezone property and makes recommendations to the Mayor and Council in accordance with Section 3.5, Rezoning (Change of Zoning) Procedure.

      2.   Special Exception Land Use

      The Zoning Examiner conducts public hearings on certain special exception land uses 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 Nonconforming Use

      The Zoning Examiner hears and decides requests to exceed the amount of expansion allowed for structures and land area devoted to a nonconforming use in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure, and Section 9.2.2, Expansion of a Nonconforming Use.

      4.   Substitution of Nonconforming Use

      The Zoning Examiner hears and decides requests to substitute a land use for an existing nonconforming land use , when the proposed substitution is from a land use class that is different from the one to which the existing nonconforming use 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 Land Use Class.

      5.   Other Responsibilities

      The Zoning Examiner shall perform such other functions as may be required by the City Manager or the UDC .

   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 party or party ’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 site with any party or party ’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 UDC , appeals of Zoning Administrator’s interpretations, appeals by the applicant from administrative design review decisions, appeals from limited notice procedure decisions and other land use issues as provided by the UDC . 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 City . Should an appointment not be made within 30 days 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 City , county , or state elective office or be a permanent employee of the City 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 UDC Interpretations

      The B/A hears and decides appeals from interpretations made by the Zoning Administrator in the interpretation, application, or enforcement of the UDC or in the determination of a zone boundary 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 UDC Provisions

         a.   Variance Powers Granted to Board of Adjustment

         The B/A hears and decides requests for variances from the provisions of the UDC 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 land use as required by the UDC or as established as a condition by the decision-making body in granting the use, unless specifically allowed by the UDC ;

            (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 UDC or to any requirement which is not a specific development regulation or use-specific standards required of a land use ; 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 City Zoning Map Interpretation

   The B/A hears and decides appeals of Zoning Administrator’s interpretations of the official City Zoning Maps in determining exact locations of zone boundary lines as shown on the City Zoning Maps 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 Director 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 Director 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 Director .

   G.   Appeals of Design Review Board (DRB) Decision on Neighborhood Preservation Zone (NPZ) Permit

   In accordance with Section 5.10.3.I, the B/A hears and decides appeals of the DRB affirming or reversing the Director’s decisions of compliance or non-compliance with the neighborhood-specific design manual and compatibility 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 UDC .

2.2.6. DESIGN REVIEW BOARD

   The Design Review Board (DRB) is established to review proposed buildings , structures , landscaping , architectural features, and site plans .

   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 City 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 City , county , or state elective office or be a permanent employee of the City 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 Director’s decision on Neighborhood Preservation Zone 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 days 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 Zone (SCZ), Development Review

      In accordance with Section 5.3.11.B, the DRB reviews development applications for projects located within a SCZ when requested by the PDSD Director or applicant, in accordance with Section 3.3.3, PDSD Director Approval Procedure. The DRB recommendation shall apply the same standards required in Section 5.3.11 .C for the decision of the PDSD Director .

      2.   Scenic Corridor Zone (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 Director 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 Director when making its recommendation.

      4.   Environmental Resource Zone (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.   Landscaping 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, Landscaping 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 Zone , Variances

      In accordance with Section 5.5.6, the DRB reviews, for recommendation, all requests for variances from Section 5.5, Gateway Corridor Zone, 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) Zone , Development Review

      In accordance with Section 4.9.13.M.4, the DRB reviews all proposed nonresidential development , including exterior remodeling, for approval of architectural and site design compatibility with the surrounding residential area.

      9.   Office (O-1) Zone , Development Review

      In accordance with Section 4.9.4.R.7, the DRB reviews all new office development in the O-1 zone , including Medical Service - Outpatient.

      10.   Communications Land Use , PDSD Director Special Exception Procedure

      The DRB reviews, for recommendation when requested by the PDSD Director, Communications land uses in all zones that require approval in accordance with Section 3.4.2, PDSD Director Special Exception Procedure.

      11.   Communications Land Use , Zoning Examiner Special Exception Procedure

      The DRB reviews, for recommendation, Communications land uses in all zones that require approval in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure.

      12.   Communications Land Use , Mayor and Council Special Exception Procedure

      The DRB reviews, for recommendation when requested by the Mayor and Council, or Zoning Examiner, Communications land uses in all zones that require approval in accordance with Section 3.4.4, Mayor and Council Special Exception Procedure.

      13.   Home Occupation : Travelers’ Accommodation, Lodging, Development Review

      The DRB reviews all home occupation , travelers’ accommodation, and lodging land uses in the various zones 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, development 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 Zone (NPZ), Appeals

      In accordance with Section 5.10.3.H, the DRB hears and decides appeals from decisions of the PDSD Director 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 UDC .

(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 county officials on issues concerning historic sites , historic structures , and new construction and demolition within Historic Preservation Zones or Historic Landmarks 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 Unified Development Code (UDC)

   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 Zone or Historic Landmark

      The Tucson-Pima County Historical Commission Plans Review Subcommittee shall review all requests to establish an HPZ or historic landmark in accordance with Section 5.8.3.D.

      2.   Amendments to an Existing Historic Preservation Zone or Historic Landmark

      The Tucson-Pima County Historical Commission Plans Review Subcommittee shall review any request to amend an existing HPZ or historic landmark in accordance with Section 5.8.3.D.

      3.   Development Review

      The Tucson-Pima County Historical Commission Plans Review Subcommittee shall review any development 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 structure within an HPZ or a historic landmark in accordance with Section 5.8.10.

2.2.8. HISTORIC PRESERVATION ZONE 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 zone and in evaluating proposed development within an adopted Historic Preservation Zone .

   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 zone ; approximately one-third of the voting members must be property owners within the historic zone ; 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 Director, 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 Director 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 Zone

      Upon receipt of a request to establish an HPZ, the Mayor and Council may establish an HPZ advisory board for the proposed historic zone 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 Zones. As part of the review, the HPZ advisory board makes recommendations on the boundaries of the HPZ and which sites or structures are to be designated “Contributing Properties ” and “Noncontributing Properties .”

      2.   Historic District Amendments

      Each HPZ advisory board shall make written recommendations to the PDSD Director and to the Mayor and Council concerning amendments to the boundaries of its HPZ and the addition or deletion of designated sites and structures in accordance with Section 5.8.3, Establishment and Amendment to Historic Preservation Zones.

      3.   Historic Preservation

      Each HPZ advisory board shall review and make written recommendations to the PDSD Director on applications involving new construction, additions, alterations , and moving or demolition of existing structures 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 artisan uses and make recommendations to the PDSD Director.

2.2.9. PLANNING AND DEVELOPMENT SERVICES DEPARTMENT (PDSD)

   A.   Functions and Duties

   The PDSD shall generally administer and enforce the UDC , serve as the planning agency when applicable, and in addition shall have the following specific responsibilities.

      1.   Implementation of and Compliance with the UDC

      The PDSD is responsible for the implementation of and assuring compliance with the applicable provisions of the UDC on all projects being developed under the existing zoning of a property, including applicable overlay zones .

      2.   City Zoning Maps

      The PDSD is responsible for maintaining the official City Zoning Maps 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 Zones (HPZ)

      The PDSD shall coordinate review of all alterations , new development , and demolitions within the HPZ and perform any other administrative function as required by Section 5.8, “H” Historic Preservation Zone.

      6.   Subdivision , Minor Subdivision , and Land Split

      The PDSD is responsible for the review of all development proposals for compliance with the subdivision , including Flexible Lot Development, minor subdivision , and lot split standards as provided in Article 8, Land Division and Subdivision Standards.

      7.   Rezoning, Planned Area Development (PAD), Planned Community Development (PCD), Urban Overlay District (UOD), and Neighborhood Preservation Zone (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 Land Use Exception

      The PDSD is responsible for review and recommendation for an application for a special land use exception in accordance with the UDC .

      9.   Amendment of UDC

      The PDSD is responsible for review of and provide recommendations on amendments to the UDC .

      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.   Airport Regulations

      The PDSD shall administer and enforce airport zoning regulations in accordance with provisions of this UDC and applicable Arizona Revised Statutes.

      12.   Non-conforming Uses, Temporary Uses and Structures

      The PDSD shall evaluate and make decisions on non-conforming uses and temporary uses and structures in accordance with the UDC .

      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 UDC Standards

      The PDSD shall evaluate and make decisions on an application to modify standards such as setbacks , parking, screening and landscaping in accordance with the UDC .

      15.   Administrative Design Review

      The PDSD shall evaluate and make decision on an application under the Administrative Review Procedure in accordance with the UDC .

      16.   Amendments to and Administration of Specific Plans (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 specific plans . The PDSD may coordinate with the HCDD when developing its recommendation.

         b.   Administration

         The PDSD shall provide for the maintenance and administration of specific plans .

      17.   Other Responsibilities

      The PDSD shall perform such other functions as may be required by the Mayor and Council, City Manager, or the UDC .

      18.   Director of the Planning and Development Services Department (PDSD)

      The PDSD Director shall be the chief administrative officer of PDSD. The PDSD Director, or designee, shall be responsible for administering the functions and duties of PDSD listed in this section. The PDSD Director or designee may perform other functions and duties, including assisting the Zoning Administrator in enforcing the UDC , as may be required for the administration of the department or as provided by the City Manager or the UDC .

      19.   Zoning Administrator

      The Zoning Administrator, who is appointed by the PDSD Director, shall perform the duties and responsibilities as described below. The PDSD Director 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.   Unified Development Code (UDC) Determinations

         The Zoning Administrator shall interpret the City Zoning Maps and the provisions of the UDC and make determinations in accordance with Section 1.5.1, Zoning Determinations and Zoning Certifications by the Zoning Administrator.

         b.   Unified Development Code (UDC) Enforcement

         The Zoning Administrator shall enforce the UDC with assistance from the PDSD and the Housing Community Development Department as provided in Section 10.2, Enforcement Authority, and from other City 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 Director or the UDC .

(Am. Ord. 11732, 2/19/2020)

2.2.10. HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT (HCDD)

   The Housing and Community Development Department (HCDD), as established by the Mayor and Council, shall serve in the capacity of a planning agency as provided in the A.R.S. Title 9, Article 6.

   A.   Functions and Duties

   The HCDD is responsible for preparing, maintaining, and administrating the General Plan , certain specific plans , and redevelopment plans, assisting in the enforcement of the UDC , and other functions as deemed necessary or desirable for the City .

      1.   Administration of General Plan

         a.   Preparation and Adoption

         The HCDD shall prepare the General Plan and amendments thereto, for consideration by the Mayor and Council in accordance with Section 3.6, Land Use Plan Adoption and Amendment Procedure.

         b.   Implementation

         The HCDD shall:

            (1)   Investigate and make recommendations to the Mayor and Council concerning reasonable and practical means for putting the General Plan , or parts thereof, into effect in order that it will serve as a pattern and guide for the orderly growth and development of the City and as a basis for the efficient expenditure of its funds relating to the subjects of the General Plan . The measures recommended may include plans, regulations, financial reports, and capital budgets;

            (2)   Submit an annual report to the Mayor and Council on the status of the plan and its implementation;

            (3)   Endeavor to promote public interest in, and understanding of, the General Plan and regulations relating to it; and,

            (4)   Consult with and advise public officials and agencies; public utility companies; civic, educational, professional, and other organizations; and citizens, generally, with relation to carrying out the General Plan .

      2.   Preparation of Specific Plans (Including Sub-area Plans Area and Neighborhood Plans)

      The HCDD shall prepare new specific plans for consideration of adoption by the Mayor and Council. Specific plans include such elements as, but are not limited to, neighborhood and area plans, plans for major streets or parks, and land use standards and policy documents for the implementation of the General Plan . The Mayor and Council, with a recommendation from the HCDD, may adopt administrative rules and procedures for the implementation of specific plans .

      3.   Capital Improvement Program

      The HCDD shall assist the City Manager and other City departments in coordinating the Capital Improvement Program, monitoring its implementation, and advising the Mayor and Council on its conformance with the General Plan and specific plans .

      4.   Historic Preservation

      The HCDD shall perform the following duties:

         a.   Oversee the General Plan ’s policies pertaining to historic preservation;

         b.   Assist in establishing local National Register Historic Districts and Historic Preservation Zones ;

         c.   Perform the duties and responsibilities of the Historic Preservation Program, including creating and maintaining programs to encourage the recognition, restoration, and maintenance of the historic, archaeological, and cultural resources of the City ; and,

         d.   Work with and assist departments of the City and the Tucson-Pima County Historical Commission in matters affecting historic preservation.

      5.   Enforcement of the UDC

      The HCDD shall assist the Zoning Administrator in the enforcement of violations of the UDC as provided in Section 10.2, Enforcement Authority.

      6.   Other Responsibilities

      The HCDD shall perform such other functions as may be required by the Mayor and Council, City Manager, or the UDC .

   B.   Director of the Housing and Community Development Department

   The Director of HCDD is the chief administrative officer of the HCDD and shall be responsible for administering the functions and duties of the HCDD. The Director, or designee, performs other such functions as may be required for the administration of the HCDD or as provided by the Mayor and Council, City Manager, or the UDC .