TABLE 3-02: REVIEW TIME FRAME REQUIREMENTS

 

PDSD DIRECTOR APPROVAL PROCESS
APPLICATION TYPES
1.   Changes of use; 2.   Downtown Area Infill Incentive District – projects within the Downtown Core Sub-district requesting a modification of development regulations (Note: projects 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 projects 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.   Projects 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 days
Substantive Review	65 working days
Overall Time frame	85 working days . Note: This time period includes a second review after return of comments on the first review, or when a development package or site plan is required. Total time is less if only one review is needed for a particular approval, or when a development 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 Director 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 days
Substantive Review	35 working days
Overall Time frame	55 working days

 

 

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.   Projects 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 projects within 300 feet of R-3 or more restrictive zoning districts.
TIME FRAMES
Administrative Compliance Review for Application Completeness	20 working days
Substantive Review	45 working days
Overall Time frame	65 working days

 

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 days	20 working days
Substantive Review	10 working days	25 working days
Overall Time frame	30 working days	45 working days

 

PDSD DIRECTOR APPROVAL IN CERTAIN OVERLAY ZONES
APPLICATION TYPE
Historic Preservation Zone Design Review
TIME FRAMES
Administrative Compliance Review for Application Completeness	20 working days
Substantive Review:
Full Review	40 working days
Minor Review	25 working days
Overall Time frame:
Full Review	60 working days
Minor Review	45 working days
APPLICATION TYPE
Rio Nuevo District Design Review
TIME FRAMES
Administrative Compliance Review for Application Completeness	20 working days
Substantive Review:
Major	65 working days
Minor	50 working days
Overall Time frame:
Major Review	85 working days
Minor Review	70 working days
APPLICATION TYPE
Neighborhood Preservation Zone Design Review
TIME FRAME
Administrative Compliance Review for Application Completeness	20 working days
Substantive Review	20 working days
Overall Time frame	40 working days

 

 

PDSD DIRECTOR SPECIAL EXCEPTION PROCEDURE
APPLICATION TYPE
Special Exceptions requiring PDSD Director approval
TIME FRAME
Administrative Compliance Review for Application Completeness	20 working days
Substantive Review	25 working days
Overall Time frame	45 working days

 

 

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 days
Substantive Review	40 working days for administrative review
Overall Time frame	60 working days 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 3-03.0.0: FLEXIBLE APPLICATION PROCESS

Section

3-03.1.0   GENERAL

3-03.2.0   DESCRIPTION OF PROCESSES

TABLE 3-03    TYPICAL TIMEFRAMES FOR COMPLIANCE REVIEW/FLEXIBLE OPTION

3-03.1.0 GENERAL

   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 standards 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.

3-03.2.0 DESCRIPTION OF PROCESSES

2.1 Regulatory Limits Application Process

   A.   A limited number of opportunities to confer with staff and supply necessary information and materials. PDSD may request additional information only once after the application is deemed administratively complete.

   B.   If city fails to meet established timeframe for review, an application may be deemed complete although lacking essential materials. If an application is not timely approved or denied, fees are refunded to the applicant.

   C.   During review period applicant may lose opportunity to propose alterations to support permit approval or changes in circumstance during development.

   D.   If permit properly denied after PDSD one-time request for more information, applicant must reapply and pay new fee.

   E.   Denials must be explained and the applicable code provisions identified.

   F.   Applicant may request code clarification.

2.2 Flexible Application Process

   A.   Multiple application conferences available before submittal and during process.

   B.   During review period applicant may propose changes to support permit approval and substantial and multiple changes may be made without reapplication.

   C.   Same review timeframes as currently applied for the different application types. (See Table 3-03 below.)

   D.   No refund for a review period longer than the established timeframe. However, PDSD meets or exceeds established permit review period in 85-90% of applications. Complex applications or substantial changes may take longer.

   E.   Denials will be explained and the applicable code provisions identified.

   F.   Applicant may request code clarification.

TABLE 3-03 TYPICAL TIMEFRAMES FOR COMPLIANCE REVIEW/FLEXIBLE OPTION

 

PDSD DIRECTOR APPROVAL PROCEDURE
APPLICATION TYPES
1.   Business licenses; 2.   Changes of use; 3.   Downtown Area Infill Incentive District - projects within the Downtown Core Sub-district requesting a modification of development regulations (Note: projects within the Greater Infill Incentive Sub district are processed in accordance with the 400' Notice Procedure below); 4.   Electrical connections (certain types); 5.   Expansion of existing premises; 6.   Home occupations; 7.   Individual Parking Plans for projects greater than 300' from R-3 or more restrictive zoning districts; 8.   New construction; 9.   Nonconforming same Land Use Class substitution; 10.   Nonconforming parking areas; 11.   Parking Design Modification Requests (except requests to modify the number of bicycle or motor vehicle parking spaces); 12.   Projects within certain overlay zones; 13.   Restricted adult activities; 14.   Temporary uses or structures; 15.   Tenant improvements; 16.   Wireless Communication uses (certain types); 17.   Rio Nuevo District Zone Minor Modifications of Development Regulations (MDR); 18.   Zoning Compliance for Site Improvements in Existence on May 1, 2005; 19.   Other applications, such as blood donor centers and circus, carnival and tent shows; 20.   Site plans (Site plans in Overlay Districts require different time frames for review); 21.   Subdivision tentative plat; and, 22.   Subdivision final plat.
TIMEFRAME
Administrative Compliance Review for Application Completeness	10 working days
Substantive Review	For applications that do not require a site plan or a subdivision plat: 10 working days, or 5 working days after the date of submittal of a required recommendation by a special reviewer, board or committee.   Thereafter, the same review period after each re-submittal   For applications that require a site plan or subdivision plat: 20 calendar days   Thereafter, 20 calendar days for each re-submittal
Substantive Review	For application that do not require a site plan or subdivision plat: 14 calendar days   For applications that require a site plan or subdivision plat: 20 to 60 calendar days or more, depending upon the number of re-submittals

 

 

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 Director Special Exception applications; 4.   Approval of resident artisan uses in the Historic Preservation Zone; 5.   Certain wireless facilities; and, 6.   Requests for demolition of contributing, non-historic structures in the HPZ.
TIMEFRAME
Administrative Compliance Review for Application Completeness	10 working days
Substantive Review	30 calendar days
Overall Timeframe	40 calendar days

 

 

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.   Projects within the Greater Infill Incentive Subdistrict of the Downtown Area Infill Incentive District requesting a Modification of Development Regulations; and, 3.   Individual Parking Plans for projects within 300 feet of R-3 or more restrictive zoning districts.
TIMEFRAME
Administrative Compliance Review for Application Completeness	10 working days
Substantive Review	45 calendar days
Overall Timeframe	55 calendar days

 

 

ZONING ADMINISTRATOR APPROVAL PROCEDURE
APPLICATION TYPES
1.   Compliance with certification of existing premises; 2.   Interpretations of the UDC; 3.   Planned Area Development interpretations; and, 4.   Zone boundary conflicts.
TIMEFRAME
Administrative Compliance Review for Application Completeness	10 working days
Substantive Review	5 working days for most applications   Additional time is required for complex issues or interpretations that require a City Attorney legal opinion, 20-30 calendar days
Overall Timeframe	10 working days for most applications   For complex issues of interpretations that require a City Attorney legal opinion, 30-40 calendar days

 

PDSD DIRECTOR APPROVAL IN CERTAIN OVERLAY ZONES
APPLICATION TYPE
Historic Preservation Zone Design Review
TIMEFRAME
Administrative Compliance Review for Application Completeness	10 working days
Substantive Review:
Full Review	45 calendar days
Minor Review	30 calendar days
Overall Timeframe:
Full Review	55 calendar days
Minor Review	40 calendar days
APPLICATION TYPE
Rio Nuevo District Design Review
TIMEFRAME
Administrative Compliance Review for Application Completeness	10 working days
Substantive Review:
Major	70 calendar days
Minor	55 calendar days
Overall Timeframe:
Major Review	80 calendar days
Minor Review	55 calendar days
APPLICATION TYPE
Neighborhood Preservation Zone Design Review
TIMEFRAME
Administrative Compliance Review for Application Completeness	10 calendar days
Substantive Review	20 calendar days
Overall Timeframe	30 calendar days

 

 

PDSD DIRECTOR SPECIAL EXCEPTION PROCEDURE
APPLICATION TYPE
Special Exceptions requiring PDSD Director decision
TIMEFRAME
Administrative Compliance Review for Application Completeness	10 working days
Substantive Review	15 calendar days
Overall Timeframe	25 calendar days

 

 

ZONING EXAMINER SPECIAL EXCEPTION PROCEDURE
APPLICATION TYPES
1.   Special Exceptions requiring ZE decision 2.   Substitution of nonconforming uses (uses not in the same land use class) 3.   Expansion of nonconforming uses
TIMEFRAME
Administrative Compliance Review for Application Completeness	10 working days
Substantive Review	35 calendar days for administrative review
Overall Timeframe	45 calendar days   The ZE Public Hearing timeframe is suspended from overall timeframe under A.R.S. § 9-835(C)(8)(c)

 

 

MAYOR AND COUNCIL SPECIAL EXCEPTION PROCEDURE
APPLICATION TYPE
Special Exceptions requiring Mayor and Council decision
TIMEFRAME
Administrative Compliance Review for Application Completeness	10 working days
Substantive Review	45 calendar days for administrative review
Overall Timeframe	55 calendar days   The M/C Public Hearing timeframe is suspended from overall timeframe under A.R.S. § 9-835(C)(8)(c)

 

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