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)