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If the City does not send notice to an applicant regarding approval, denial, or withdrawal within the overall time frame or any mutually agreed extension thereof, the City must refund the all fees within 30 working
of the expiration of the overall time frame or any mutually agreed extension of the overall time frame, waive any additional fees for further review of the application, and continue to process the application. A.R.S. § 9-835(K).
(Admin. Directive 1.02-9, rev. 4/25/2014)
PDSD DIRECTOR APPROVAL PROCESS | |
APPLICATION TYPES | |
1. Changes of use; 2. Downtown Area Infill Incentive District –
within the Downtown Core Sub-district requesting a modification of
regulations (Note:
within the Greater Infill Incentive Sub-district are processed in accordance with the 400' Notice Procedure below); 3. Electrical connections (certain types); 4. Expansion of existing premises; 5. Home occupations; 6. Individual Parking Plans for
greater than 300' from R-3 or more restrictive zoning districts; 7. New construction; 8. Nonconforming same Land Use Class substitution; 9. Nonconforming parking areas; 10. Parking Design Modification Requests (except requests to modify the number of bicycle or motor vehicle parking spaces); 11.
within certain overlay zones; 12. Restricted adult activities; 13. Temporary uses or structures; 14. Tenant improvements; 15. Wireless Communication uses (certain types); 16. Rio Nuevo District Zone Minor Modifications of Development Regulations (MDR); 17. Zoning Compliance for Site Improvements in Existence on May 1, 2005; 18. Other applications, such as blood donor centers and circus, carnival and tent shows; or 19. Site plans (Site plans in Overlay Districts require different time frames for review). | |
TIME FRAME | |
Administrative Compliance Review for Application Completeness | 20 working
|
Substantive Review | 65 working
|
Overall Time frame | 85 working
. Note: This time period includes a second review after return of comments on the first review, or when a
package or site plan is required. Total time is less if only one review is needed for a particular approval, or when a
package or site plan is not required. |
PDSD DIRECTOR APPROVAL PROCEDURE: 100' NOTICE PROCEDURE | |
APPLICATION TYPES | |
1. Design Development Options (DDO) in accordance; 2. Parking Design Modification Requests to the required number of bicycle and motor vehicle parking spaces; 3. PDSD
Special Exception applications; 4. Approval of resident artisan uses in the Historic Preservation Zone; 5. Certain wireless facilities; 6. Requests for demolition of contributing, non-historic structures in the HPZ. | |
TIME FRAMES | |
Administrative Compliance Review for Application Completeness | 20 working
|
Substantive Review | 35 working |
Overall Time frame | 55 working |
PDSD DIRECTOR APPROVAL PROCEDURE: 400' NOTICE PROCEDURE | |
APPLICATION TYPES | |
1. Mitigation plans for certain restaurants serving alcohol within 300 feet of R-3 or more restrictive zoning; 2.
within the Greater Infill Incentive Sub-district of the Downtown Area Infill Incentive District requesting a Modification of Development Regulations; and, 3. Individual Parking Plans for
within 300 feet of R-3 or more restrictive zoning districts. | |
TIME FRAMES | |
Administrative Compliance Review for Application Completeness | 20 working
|
Substantive Review | 45 working |
Overall Time frame | 65 working |
ZONING ADMINISTRATOR APPROVAL |
ZONING ADMINISTRATOR APPROVAL | ||
APPLICATION TYPES | ||
1. Compliance with certification of existing premises. 2. Interpretations of the UDC. 3. Planned Area Development interpretations. 4. Zone boundary conflicts. | ||
TIME FRAMES | ||
Regular Review | Complex issues requiring additional research or a City Attorney opinion: | |
Administrative Compliance Review for Application Completeness | 20 working | 20 working |
Substantive Review | 10 working | 25 working |
Overall Time frame | 30 working | 45 working |
PDSD DIRECTOR APPROVAL IN CERTAIN OVERLAY ZONES |
PDSD DIRECTOR APPROVAL IN CERTAIN OVERLAY ZONES | |
APPLICATION TYPE | |
Historic Preservation Zone Design Review | |
TIME FRAMES | |
Administrative Compliance Review for Application Completeness | 20 working |
Substantive Review: | |
Full Review | 40 working |
Minor Review | 25 working |
Overall Time frame: | |
Full Review | 60 working |
Minor Review | 45 working |
APPLICATION TYPE | |
Rio Nuevo District Design Review | |
TIME FRAMES | |
Administrative Compliance Review for Application Completeness | 20 working |
Substantive Review: | |
Major | 65 working |
Minor | 50 working |
Overall Time frame: | |
Major Review | 85 working |
Minor Review | 70 working |
APPLICATION TYPE | |
Neighborhood Preservation Zone Design Review | |
TIME FRAME | |
Administrative Compliance Review for Application Completeness | 20 working
|
Substantive Review | 20 working |
Overall Time frame | 40 working |
PDSD DIRECTOR SPECIAL EXCEPTION PROCEDURE | |
APPLICATION TYPE | |
Special Exceptions requiring PDSD
approval | |
TIME FRAME | |
Administrative Compliance Review for Application Completeness | 20 working |
Substantive Review | 25 working |
Overall Time frame | 45 working |
ZONING EXAMINER SPECIAL EXCEPTION PROCEDURE | |
APPLICATION TYPE | |
1. Special Exceptions requiring ZE decision under the UDC. 2. Substitution of nonconforming uses (uses not in the same land use class). 3. Expansion of nonconforming uses. | |
TIME FRAME | |
Administrative Compliance Review for Application Completeness | 20 working |
Substantive Review | 40 working
for administrative review |
Overall Time frame | 60 working
for administrative review The substantive and overall time frames are suspended from overall time frame under A.R.S. § 9-835(C)(8)(c) for the required ZE Public Hearing |
(Am. Admin. Directive 1.02-9, rev. 4/25/2014; Am. Ord. 11732, 2/19/2020)
Section
3-03.1.0 GENERAL
3-03.2.0 DESCRIPTION OF PROCESSES
TABLE 3-03 TYPICAL TIMEFRAMES FOR COMPLIANCE REVIEW/FLEXIBLE OPTION
In 2011 the Arizona Legislature passed a “Regulatory Bill of Rights” (SB 1598) requiring municipalities to establish and adhere to time frames in a broad range of permitting processes. Under the law, cities must create an overall permitting time frame for each process, consisting of an “administrative completeness” time frame and a “substantive review” time frame. The aim of this bill was to create faster, more uniform, and more transparent processes, goals which the City of Tucson Planning and Development Services Department (PDSD) share. However, the implementation of these time frames may have unforeseen consequences.
Under the SB 1598 regulatory-limits process, the city must determine whether a permit application is complete or not during the administrative completeness time frame. If the city fails to make this determination within established time limits, the permit is deemed complete regardless of deficiencies. Similarly, during the substantive review period, an application must be denied or approved within the established time frame or the permit fee will be refunded.
The SB 1598 regulatory-limits process offers applicants very limited opportunities to supplement their application with additional material after submission. Moreover, changes to a permit application are limited to responses to a PDSD request. Development changes proposed by the applicant do not appear to be allowed. Upon proper denial, during either review period, applicants must reapply with new plans and pay another permit fee.
PDSD is committed to customer service and recognizes that applicants may not wish to be locked into formulaic
which do not provide an adequate opportunity to submit additional requested materials and desired plan changes. Thus, PDSD offers applicants the opportunity to make permit applications according to either the SB 1598 regulatory-limits process or the more flexible process City of Tucson PDSD customers are familiar with.
Under the flexible application process, applicants have multiple opportunities to alter or amend their application and to confer with city staff for advice. This allows the applicant to adjust plans based on their own changing development circumstances over time or on suggestions by staff. Additionally, applicants may alter their permit applications as many times as necessary during the process.
Applicants are encouraged to carefully consider which application process best meets their needs. Staff can explain the processes in more detail upon request as well as provide you a copy of SB 1598. The following points outline some of the highlights of each process.
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