Loading...
This section establishes general requirements pertaining to pre-application conference, neighborhood meeting, public notice, public comments, application completeness, and other rules for processing applications after they are accepted for review. Individual review procedures and their specific requirements are set forth in this Article.
A. Purpose
The pre-application conference is designed to assist the applicant by providing as much information as possible regarding
regulations and requirements and how they may affect the proposed
’s scope and design, prior to submission of a formal application.
B. Applicability
A pre-application conference is required in accordance with the applicable procedure detailed in this Article. Table 3.2-1 sets forth the procedures for which a pre-application conference is required.
C. Requirements
At the pre-application conference, the applicant shall describe to the PDSD the general goals, uses, and
characteristics (e.g., size, location,
, etc.) of the proposed
in sufficient detail to enable the
to identify potential code or plan compliance issues and discuss design issues and options. Depending upon the level of detail of the information provided for the proposed
or the need to include other
departments in the preliminary discussions, the PDSD may request additional pre-application conference(s).
D. Effect
Review is on a conceptual basis, therefore, comments made at this conference are advisory and do not constitute approval or denial of the
.
A. Purpose
The neighborhood meeting is intended to provide an opportunity to inform potentially affected property owners of the details of a proposed
and application, how the applicant intends to meet the standards contained in the
, and to receive public comment and encourage dialogue at an early time in the review process.
B. Applicability
A neighborhood meeting is required in accordance with the applicable review procedures required in this Article, and Table 3.2-1.
C. Meeting Requirements
1. Standards
The applicant shall mail notices offering to meet at a specified time and place to discuss the proposed
with the
and entities entitled to notice of the application in accordance with following requirements.
a. The offer is made when mailed, and must be mailed at least ten
prior to the date of the meeting and sent by first class mail to property owners within 400 feet of the property, registered
within one mile of proposal, and the Council Ward offices where the project is located.
b. For Concurrent
and Rezoning Applications a single neighborhood meeting shall be held for both applications. The mailed notice for the neighborhood meeting shall be mailed at least 30
, and no more than 45
prior to the neighborhood meeting.
c. The meeting shall occur not more than 60
prior to the date of the submittal of the application.
d. Documentation of the offer to meet and a summary of the meeting must be submitted with the application.
e. The meeting must be held at or near the subject
.
2. Exceptions
a. For designation or amendment to a Historic Preservation
, the offer to meet shall be made no more than one year before the Zoning Examiner public hearing.
b. A neighborhood meeting is not required for amendments to the
or for any text amendment to the
.
3. Content of Neighborhood Meeting Notices
A neighborhood meeting notice shall contain the following:
a. The notice shall describe the substance of the application, include the date, time, and location of the meeting, and specify the contact
, company, or official applicant’s name and phone number;
b. For Board of Adjustment variance applications, the notice shall contain information necessary to fully describe the proposed
, including a description of the code requirement(s) and the requested variance(s) from that particular requirement(s);
c. The notice shall advise the recipients of the notice that they may submit comments to the PDSD or, when applicable, speak at the public hearing; and,
d. For Concurrent
and Rezoning Applications, the required Neighborhood Meetings for each the
and Rezoning shall be combined and in addition to the content requirements under a., b., and c. in this subsection, the notice shall contain the following additional information:
(1) pre-application case number and instructions on how to review pre-application materials;
(2) where to find the area and/or neighborhood plan(s) affected by the proposal; and,
(3) a map showing the proposed area of the
and rezoning.
4. Preparation of Notice
For neighborhood meeting notices, the applicant is responsible for mailing the notices. Applicants must obtain mailing labels from the PDSD and mail the notices to the
and entities entitled to receive mailed notice in Table 3.2-1 in compliance with the preparation of notice procedures in Section 3.2.4.B.5.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11729, 2/19/2020)
A. Application Required
1. The of the Planning and Development Services Department (PDSD) initiates the review and processing of a complete application, except as provided below. The PDSD shall make a determination of application completeness. An application is considered complete if it is submitted in the required form, includes all mandatory information, including all supporting materials specified in the Administrative Manual, and is accompanied by the applicable fee. Rezoning applications shall also submit evidence of plan compliance to be considered complete. If the application is determined to be complete, the application shall then be processed according to this article.
2. If an application is determined to be incomplete, the PDSD shall provide notice to the applicant with an explanation of the application’s deficiencies. Incomplete submittals are generally not accepted for review. However, if an incomplete submittal is accepted for review, the applicant should be aware that, because of a lack of information, the review will take longer since comments cannot be finalized until after the re-submittal when the required information is provided.
3. Applications submitted with false or misleading information shall be deemed incomplete.
B. Sequential or Concurrent Review Process
1. Where an application under this section requires review under more than one review procedure, the PDSD shall determine whether reviews will be conducted sequentially or concurrently, based upon the issues raised by each application.
2. Where the determines that reviews will be conducted sequentially, the date of acceptance for each procedure shall commence upon the date of decision of the prior procedure unless otherwise stated by the PDSD .
C. Appeal Procedure for Denial of Plan Compliance
If an application is rejected because it is not consistent with the
or any applicable
, the rejection of the application may be appealed by the applicant in accordance with Section 3.9.2, Mayor and Council Appeal Procedure.
D. Suspension and Withdrawal of a Rezoning or
Application
1. For rezoning and
only, an applicant may suspend an application at any time prior to the date published notice is given for the public hearing before the Planning Commission or the Zoning Examiner. When requested in writing by the applicant, the PDSD may authorize a delay of the
process for a maximum of 90
. The applicant may request in writing an additional delay(s). The PDSD may delay the amendment process to permit a number of related
applications to be considered at the same time. An application shall not be suspended for more than one year from the date of acceptance of the application.
2. The PDSD may withdraw a
application at any time and at the request of the applicant and/or the
who paid the filing fee. PDSD shall determine if the applicant is eligible for a refund, and if so, the amount of fees to be refunded.
Procedure | Section | Pre- Applica- tion Confer- ence | Neigh- borhood Meeting | NOTICE** | Decision Maker | Appeal | |||||
Mailing/Distance*
|
Posted
|
Pub- lished | / Distance |
Applica- tion Accept- ance |
Notice of Decision
| ||||||
ZONING ADMINISTRATOR INTERPRETATION | |||||||||||
Procedure | Section | Pre- Applica- tion Confer- ence | Neigh- borhood Meeting | NOTICE** | Decision Maker | Appeal | |||||
Mailing/Distance*
|
Posted
|
Pub- lished | / Distance |
Applica- tion Accept- ance |
Notice of Decision
| ||||||
ZONING ADMINISTRATOR INTERPRETATION | |||||||||||
ZA Interpretation of
| R | See Sec. 1.5.1 | ZA | B/A | |||||||
ZONING COMPLIANCE REVIEW | |||||||||||
100' Notice | 3.3.4.E | R/100' | R/NA of the | R | R | PDSD | B/A | ||||
400' Notice | R | R | R/400' | R/1 mile | R | R | PDSD | M/C | |||
NPZ Design Review | R | R/100' | R/NA of the | R | PDSD | DRB | |||||
PDSD ADMINISTRATIVE APPROVAL | |||||||||||
& | 8.4.3.E | R | M/C | ||||||||
FLD
or | 8.7.3.P | R | R/400' | R/1 mile | R | Varies (see Sec. 8.7.3.P) | |||||
SPECIAL EXCEPTION | |||||||||||
PDSD
SE | R/100' | R/NA of the | R | R | PDSD | B/A | |||||
ZE SE | R | R | R/400' | R | R | R/1 mile | R | ZE | M/C | ||
M/C SE | R | R | R/400' | R | R | R/1 mile | R | M/C | |||
REZONING/ZONING EXAMINER LEGISLATIVE PROCEDURE | |||||||||||
RZ/ To Establish PAD | R | R | R/400' | R | R | R/1 mile | R | R | M/C | ||
Rezoning to Establish a PCD | 3.5.6.E | R | R | R/1/2 mile | R | R | R/2 mile | R | R | M/C | |
Major Change to RZ condition;
Specific Establishment of an Overlay
; Major amendments to PAD, PCD | R | R | R/400' | R | R | R/1 mile | R | R | M/C | ||
PLAN ADOPTION AND AMENDMENT | |||||||||||
Readoption of | Notice is in
with the requirements of A.R.S. § 9-461.06 | M/C | |||||||||
Adoption of MS&R, Redev. or | Notice is in
with the requirements of A.R.S. § 9-461.06. For Redevelopment Plans, notice must be published for 2 consecutive weeks in compliance with A.R.S. § 36-1479 | M/C | |||||||||
-Specific Amendment to Gen. Plan, MS&R, Redevelopment or | R | R | R/400' | R | R/1 mile | M/C | |||||
TEXT AMENDMENT | |||||||||||
Text Amendment, General | R/1/8th page display ad | M/C | |||||||||
Text Amend. Creating or Amending an Overlay | R | R/400' & all owners within Overlay | R/1/8th page display ad | R/All NA registered with the | M/C | ||||||
APPEALS PROCEDURES | |||||||||||
DRB Appeal | R/100' | R/NA of the | R | M/C | |||||||
M/C Appeal | R/400' | R | R | R/1 mile | R | M/C | |||||
Takings Appeal | 3.9.3.C | R/Applicant only | ZA | ||||||||
BOARD OF ADJUSTMENT APPEAL AND VARIANCE | |||||||||||
B/A Appeal | R/400' | R | R | R/1 mile | R | B/A | |||||
B/A Variance | R | R | R/400' | R | R | R/1 mile | R | R | B/A | ||
ADMINISTRATIVE MODIFICATIONS | |||||||||||
DDO | R/100' | R/NA of the | R | R | PDSD | B/A | |||||
MISCELLANEOUS APPROVALS | |||||||||||
R to applicant only | M/C | ||||||||||
B/A=Board of Adjustment DDO=Development Design Option DRB=Design Review Board M/C=Mayor and Council MDR= Modification of Development Regulations | MS&R= NA= PDSD=Planning & Development Services Department PH=Public Hearing | RND=Rio Nuevo District RZ=Rezoning ZA=Zoning Administrator ZE=Zoning Examiner **See also Special Notice Requirements in Section 3.2.4.B.6 & 7
| |||||||||
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11171, 5/20/2014; Am. Ord. 11732, 2/19/2020; Am. Ord. 11996, 3/21/2023)
A. Purpose
The purpose of public notice is to inform interested members of the public and those who may be affected by a proposed
, or text or
, of the proposed action to allow and encourage timely public comment to the decision-making body.
B. Mailed Notice
Mailed notices shall comply with the requirements of Table 3.2-1 and Section 3.2.4.
1. Applicability
Mailed notice is required in accordance with the applicable review procedure detailed in this Article.
2. Notices of Acceptance of Application
The PDSD is responsible for sending a notice of acceptance of application for the application review procedures identified in Table 3.2-1.
3. Content of Notices of Application Acceptance and Public Hearing
Notices of acceptance of application and public hearing notices shall contain the following:
a. A general description of the type, size, and location, as applicable, of the matter to be considered;
b. A general description of the area affected;
c. An advisory that public comments regarding the matter may be submitted prior to the public hearing, or if no public hearing is required, that public comments may be submitted within the comment period for notice procedures.
1. Exception
Flexible
Design acceptance letters do not include a public comment period and are for information only.
d. Whether a proposed rezoning is within the high-noise or accident potential
of the
Environs
(See Section 5.6); and,
e. If the notice is for a public hearing, the time, date, and location of the hearing.
4. Content of Notice of Decision
Notices of decision are required for the application review procedures identified in Table 3.2-1. Notices of decision shall contain the following:
a. The decision rendered; and,
b. When applicable, information pertaining to appeals of the decision, such as when the intent to appeal is due and to whom it is submitted.
c. Recipients of notice of decisions of the Zoning Examiner and/or the Mayor and Council in the Zoning Examiner Legislative Procedure shall be provided with a web link to the decision, with the option to request a hard copy of the decision from PDSD.
5. Preparation of Notice
a. The PDSD will use the latest Pima County Assessor records to determine the property owners to be notified;
b. Mailed notices must use mailing labels generated within 60
of mailing; and,
c. Mailed notices for rezonings must be sent as first class mail. Other mailings shall be per PDSD policy.
6. Recipients of Notice
Mailed notice must be sent to:
a. The applicant and all property owners within the distance specified in Table 3.2-1, whether or not the properties are within the corporate limits of the
;
b. Any other
the
determines are affected by the application or has an interest in the matter;
c. Pima County and other municipalities where the subject property being reviewed adjoins their boundaries;
d. All
who have registered their names and addresses with the municipality as being interested in receiving notice of
text amendments;
e. Ward offices pursuant the PDSD policy; and,
f.
as provided for in Table 3.2-1.
7. Special Notice Requirements
In addition to the
and entities entitled to receive notice listed in Table 3.2-1, notice also must be sent to the following, as applicable:
a. Tucson International
or the Davis-Monthan Air Force Base, as applicable for within the
Environs
and for all procedures using the Zoning Examiner legislative or special exception procedures;
b. Public service agencies affected by the application as determined by the PDSD
;
c. Council Ward office for
amendments,
text amendments, text amendments creating an overlay
; and the creation and/or amendment to
such as area, sub-area, neighborhood,
, and redevelopment plans;
d. For appeals, except takings appeals pursuant to Section 3.9.3, notice to the applicant, the same parties notified to the original application, and those who provided oral or written comments on the application; and,
e. For takings appeals pursuant to Section 3.9.3, notice to applicant and to the
or body which made the administrative decision that is being appealed.
C. Timing of Notice
1. General
Published notice, posted notice, and mailed notice shall be provided at least 15
prior to the public hearing. Specific requirements for published and posted notice are set forth in Sections 3.2.4.E and F. For procedures which do not require a public hearing, notice shall be sent or posted in accordance with PDSD policy.
2. Exception
For takings appeal procedure applications, required public notice is mailed only to the appellant and to the parties entitled to notice of the administrative decision.
D. Calculation of Notice Area
1. General
The required distance for notification is in accordance with the requirements of Table 3.2-1 for the applicable procedure.
2. Measurement
a. The distance of the required notice area is measured from the
of the applicant’s property.
b.
property under the same ownership as the subject
must be combined with the property to determine the boundaries from which the notice is measured.
E. Published Notice
When required by the applicable procedure, published notice must be provided at least once in a newspaper with general circulation in the
. Notice shall contain the following: time, date and location of the hearing, general explanation of the matter to be considered, and if applicable, general description of the affected area. For
text amendments, notice must be published in a one-eighth page display advertisement.
F. Posted Notice
1. Applicability
When required by the applicable procedure in Table 3.2-1, posted notice must be in accordance with this section.
2. Location
Notice shall be posted on the affected property. At least one notice shall be posted for each
the property adjoins. Notice must be posted in accordance with the PDSD policy.
3. Content
At a minimum, the notice shall include the following:
a. The type of action (e.g., rezoning, special exception, text amendment/overlay
, or variance, etc.);
b. The case name;
c. For a rezoning, the word “Zoning” visible from a distance of 100 feet and the existing and proposed
;
d. For B/A, description of the request;
e. The date, time, and location of the public hearing, if applicable; and,
f. The telephone number for the PDSD or other applicable City department.
G. Failure of Notice to Adequately Describe the
If, upon receiving a complaint, the responsible
agency determines that the notice required by this section failed to accurately or adequately describe the proposed
in a manner that substantially informs how the
will affect other property owners, PDSD may determine that the approval is invalid and that the application must obtain a new approval through the same process as required originally. The
’s decision to invalidate an approval may be appealed by the applicant in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeal Procedure.
H. Public Comments to Public Notice
Public comments shall be submitted to the PDSD
. Comments involving a public hearing shall be forwarded to the appropriate officials conducting the public hearing (e.g., the Mayor and Council, Planning Commission, Zoning Examiner, and the Board of Adjustment).
1. All Procedures Requiring Public Comment
For all review procedures that require a public comment period, comment period is 20
following the date that notice is mailed, except as provided below.
2. Exception
For the 100' Notice Procedure and neighborhood preservation
design review, the comment period is ten
.
3. Approval-Protest forms for the Zoning Examiner Legislative Procedure can be submitted from the time of mailed notice until one day before the scheduled date of Mayor and Council action.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11732, 2/19/2020)
Loading...