3.3.3.   PDSD APPROVAL PROCEDURE
   A.   Applicability
   Applications that are processed in accordance with the Planning and Development Services (PDSD) approval procedure include, but are not limited to:
      1.   Business licenses;
      2.   Changes of use;
      3.   Downtown Area Infill Incentive District - within the Downtown Core Sub-District requesting a Modification of Development Regulations (Note: within the Greater Infill Incentive Subdistrict are processed in accordance with the 400' Notice Procedure, Section 3.3.5);
      4.   Electrical connections (certain types);
      5.   Expansion of existing premises;
      6.    ;
      7.   Individual Parking Plans for greater than 300 feet from R-3 or or Historic Preservation Zones;
      8.   New construction;
      9.   Nonconforming same class substitution;
      10.   Nonconforming ;
      11.   Parking Design Modification Requests (except requests to modify the number of or );
      12.    within certain overlay ;
      13.   Restricted adult activities;
      14.    (except for within overlay that require a different procedure);
      15.   Land divisions, , and (see Article 8 for detailed procedures);
      16.   Temporary uses or (see Section 4.11 for additional requirements);
      17.   Tenant ;
      18.   Wireless communication uses (certain types);
      19.   Zoning compliance for in existence on May 1, 2005 (see Section 3.3.3.H below); and,
      20.   Other applications, such as blood donor centers and circus, carnival and tent shows.
   B.   
   Some of the above listed application types may also require submission of a with the application (see Section 3.3.3.G for the requirements for ).
   C.   Pre-Application Conference
   A pre-application conference is recommended, but not required, except as provided below (see Section 3.2.1 for details on pre-application conferences).
   D.   Application
   Submittal of an application to the PDSD is required in order to process the request. (See the Administrative Manual for application submittal requirements.)  Applications are reviewed for completeness in compliance with Section 3.2.3, Application Requirements, and compliance with the neighborhood meeting requirements of Section 3.2.2, Neighborhood Meeting.
   E.   Review of Accepted Applications
   Applications are reviewed for compliance with applicable zoning regulations by the PDSD staff and other agencies, committees or advisory boards as required by the and as deemed necessary or appropriate by the PDSD .
   F.   Decision
      1.   The PDSD decides whether to approve or deny an application.
      2.   The is not required to make a decision on an amended application until after the required recommendation on the amended application by an applicable advisory body is received by the PDSD.
   G.   
      1.   Purpose
      Certain types of applications listed in Section 3.3.3.A, Applicability (PDSD Approval Procedure), may require the submission of a . This section sets forth the requirements of the PDSD approval procedure as they pertain to the processing of . These procedural requirements ensure that an applicant provides sufficient information to enable the to determine compliance with all applicable requirements and other applicable ordinances, standards, policies, and special conditions.
      2.   Applicability
      A is required for the following types of :
         a.   All new non-residential ;
         b.   All residential with three or more on one ;
         c.   Existing undergoing a , or additions, and/or a reconfiguration of an area outside a ;
         d.   Flexible Lot Developments not required to be processed in accordance with Article 8, Land Division, , and Standards; and,
         e.   A residential, commercial, or industrial use reviewed as a , but no permits may  be issued until a is approved for all or a portion of the subject . Any other application type listed in Section 3.3.3.A, Applicability (PDSD Approval Procedure), where a submittal is determined by the PDSD to be necessary for adequate review of the application.
      3.   Application Processing
       are processed in accordance with the applicable requirements of Sections 3.3.3.B through F, PDSD Approval Procedure.
      4.   Review
       departments and applicable outside public agencies shall review an application and return comments on the application.
      5.   Approval
         a.   When a determination has been made that an application complies with all applicable regulations, the PDSD shall send a written approval confirmation to the applicant and sign the . An approved indicates that all reviews have occurred and all conditions have been met.
         b.   In the case of a rezoning, a written confirmation is used to initiate the preparation of the rezoning ordinance for Mayor and Council consideration. The PDSD shall sign the once the rezoning ordinance is adopted and becomes effective.
         c.   An applicant has one year from the date of application to obtain approval of a that complies with zoning and other requirements in effect at the time of application, unless an ordinance adopted by Mayor and Council during this period states otherwise. A application that has been in review for a period of one year and has not yet been approved is considered denied. To continue the review of a for the property, a new must be submitted that complies with regulations in effect at the time of re-submittal. The new submittal initiates a new one-year review period.
         d.   Approved shall be filed with the official records for the and shall be the basis for the issuance of permits.
      6.   Expiration of Approval
      Expiration dates for are listed below. For the purposes of this section, “construction or permits” are those permits issued for the construction of the , such as, but not limited to, , foundations, , paving , or similar types of related to the construction and implementation of the . Permits for:  a) clearing, grubbing, and of a ; b) construction of a section of ; c) installation of screening; d) paving of an access but not the parking associated with the use; or e) any similar type of work are not considered “construction or permits” for purposes of this section, unless specifically stated otherwise by this section or the process requiring the applicability of this section.
         a.    Approval Period and Expiration
   Except in the case of a Plan, Section 3.12.2, an approved remains valid for a period of three years from the date of approval, subject to the following.
            (1)   If, at the end of three years, a permit has not been obtained, a new application must be submitted that complies with the regulations in effect at the time of the re-submittal.
            (2)   If the is being developed in phases and permits have not been issued for all phases within the three-year period, developers of subsequent phases have one additional year to obtain permits. If, at the end of the four-year period, permits have not been issued, review and approval of a revised for the undeveloped portion(s), in compliance with all applicable requirements in effect at the time of re-submittal, are required prior to the issuance of permits.
            (3)   If construction permits are issued within the required time period, but the construction of the has not commenced and the permit and approval periods expire, the approval of the is considered expired. Review and approval of a revised , in compliance with all applicable requirements in effect at the time of re-submittal, are required prior to the issuance of permits.
            (4)   If construction permits are applied for but not issued within the time period required by this section, the time period is extended an additional three months to allow for completion of the review and for the issuance of permits.
            (5)   If the approval period has expired, the re-submittal to obtain approval of a new initiates a new review period in accordance with Section 3.3.3.B through F.
      7.   Issuance of Permits
      The following provisions apply to review and approval for the issuance of permits for :
         a.   Approved
         The approved on file with the PDSD is the basis for issuance of permits. If the plans differ from the approved on file with the PDSD, a revised will be required prior to issuance of the permits.
         b.   Minor Changes
         The PDSD may approve minor changes from the approved or without processing the plan through the entire review process. Determination as to whether the change is minor or major is made by the PDSD on a case-by-case basis. Changes in design include, but are not limited to, minor changes to , , , parking, and traffic circulation.
         c.   Major Changes
         Major changes from the approved or require review and approval by the PDSD and affected review agencies. If the or is required as a special requirement imposed by the Mayor and Council as a condition of rezoning or special exception approval, a major change requires approval by the Mayor and Council prior to review of the revised plan.
         d.   Change From, or Expiration of, an Approved
         Building permit applications must be accompanied by a copy of an amended bearing the approval of the PDSD for construction that is not consistent with the approved or for which the initial approval has expired.
   H.   Zoning Compliance for Site in Existence on May 1, 2005
   This section encourages the re-use of and re-investment in older, and , and facilitates the issuance of a Certificate of Occupancy (C of O) or a Certificate of Zoning Compliance for a non-legally permitted use or . The owner of property, at the time of a request for a certificate of occupancy or certificate of zoning compliance may concurrently request that , including outdoor activity areas, in existence as of May 1, 2005 (“existing ”) be granted zoning compliance subject to the following.
      1.   This section only applies to developed property with nonresidential zoning that is not subject to any of the Overlay in Sections 5.2 (Hillside Development ), 5.3 (Scenic Corridor ), 5.6 ( Environs ), 5.7 (Environmental Resource ), 5.8 (Historic Preservation , 5.9 (Drachman School Overlay), 5.10 (Neighborhood Preservation ), 5.11 (Rio Nuevo District), or any change of zoning (rezoning), variance, or special exception approved subject to conditions, or the subject of an unabated zoning .
      2.   Existing are determined by referring to May 2005 aerial photography administered by the Pima Association of Governments (PAG) and available on the PAG and PDSD websites.
      3.   Existing are not subject to compliance with the following:
         a.   Access, Section 7.8;
         b.    , , and , Section 6.6;
         c.   Dimensional standards as provided in Tables 6.3-1 through 7 in Article 6;
         d.   Height, Section 6.4.4;
         e.    and Screening, Section 7.6;
         f.   , Section 6.4.3;
         g.   Motor Vehicle and Parking, Section 7.4;
         h.   Native Plant Preservation, Section 7.7;
         i.    Loading, Section 7.5; and,
         j.   , Section 6.4.5.
      4.   Properties granted zoning compliance under the provisions of this section may be used for all principal permitted based on the zoning of the subject to the applicable general restrictions in each , except for the following prohibited uses:
         a.    Service uses unless continuously licensed through the Arizona Department of Liquor Licenses and Control from May 1, 2005, to the present, Section 11.3.4.B;
         b.   Billboard, Section 11.3.4.F;
         c.   Correctional Use, Section 11.3.3.C;
         d.    Dwelling, Section 11.3.7.A;
         e.   Food Service uses unless continuously licensed through the Pima County Health Department from May 1, 2005, to the present, Section 11.3.4.N;
         f.   Group Dwelling, Section 11.3.7.B;
         g.   Mobile Home Dwelling, Section 11.3.7.C;
         h.   Residential Care Services, Section 11.3.7.D;
         i.   Restricted Adult Activities Use Group, Section 11.3.8;
         j.   In the C-2 and C-3 Districts, Medical Marijuana Designated Caregiver Cultivation Location, Medical Marijuana Dispensary, Medical Marijuana Dispensary Off- Cultivation Location; and,
         k.   In the I-1 and I-2 Districts, Medical Marijuana Designated Caregiver Cultivation Location, Medical Marijuana Dispensary Off- Cultivation Location.
      5.   Required drop-off areas must be provided.
      6.   Use of the property must be in compliance with all applicable use-specific standards in Section 4.9.
      7.   This section is applied to single or multiple of land but may not be applied to partial .
      8.   Changes to striping, maintaining the same number of parking spaces, or increasing the number of parking spaces, are permitted in compliance with Section 7.4.6 (Motor Vehicle Use Area Design Criteria) so long as no existing elements such as loading or are deleted except as permitted under current standards.
      9.   The owner of the property shall:
         a.   Submit a sworn affidavit that the use of the property will be in compliance with the section; or,
         b.   Include the following in any lease/rental agreement for the property:  “Tenant shall not cause or permit the Property to be used in any way which constitutes a of any law, ordinance, or regulation. Notwithstanding any contrary provision of this lease agreement, any occupancy or use of the premises in of this paragraph constitutes a material breach of this lease agreement entitling Lessor to invoke all remedies provided hereunder including termination.”
      10.   A inspection to verify that the use of the property is in compliance with this Section may be conducted at the discretion of the PDSD .
      11.   Applications are reviewed in accordance with the PDSD approval procedure, Section 3.3.3.
      12.   Zoning compliance granted pursuant to this section shall be valid only so long as the property and thereon remain in the same condition as on the date the zoning compliance is granted. Any subsequent or modification to the property or will render zoning compliance under this section void and of no effect. Any modification or improvement not shown on May 2005 aerial photography administered by the Pima Association of Governments (PAG) will be considered a subsequent of the property.
      13.   Requests for zoning compliance pursuant to this section must be submitted to the PDSD, and all applicable fees must be paid, prior to the expiration date of the ordinance adopting this Section 3.3.4.G, as provided herein.
(Ord. 11070, 5/14/2013; Am. Ord. 11201, 9/23/2014; Am. Ord. 11732, 2/19/2020)