REPAIRS AND IMPROVEMENTS IN PUBLIC RIGHTS-OF-WAY

Tucson Code ch. 25, art. I

in effect

Tucson Code § 25-1 Permits required.

Sec. 25-1. Permits required. No public sidewalks shall be repaired or installed by any person without first having a written permit from the city. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-2 Application forms.

Sec. 25-2. Application forms. (a) Application for a sidewalk repair or installation permit shall be made on forms furnished by the city. (b) Applications may be made by mail or telephone. Such applicants must have a cash deposit with the city sufficient to cover fees, or include fees with the mailed application. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-3 Conditions for obtaining permit.

Sec. 25-3. Conditions for obtaining permit. The conditions set forth in section 25-20 may be required before issuance of a permit. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-4 Public right-of-way improvement permit fees.

Sec. 25-4. Public right-of-way improvement permit fees. (a) Permit fees for sidewalk installation, street excavations, improvements to unimproved portions of public right of way, curb cuts, driveway installations and repairs, are defined in the Planning and Permitting Fee Schedule, UDC Admin Manual, Sec. 4. (b) A permit shall cover only contiguous construction and the work to be done as one (1) continuous operation. Such fees shall be tripled if work is commenced prior to obtaining permit. Payment of triple fees shall not waive other penalties. (Ord. No. 2657, § 1, 10-19-75; Ord. No. 6967, § 1, 6-6-88; Ord. No. 7212, § 1, 6-12-89; Ord. No. 8727, § 1, 9-9-96; Ord. No. 12108, § 2, 6-18-24)

Tucson Code § 25-5 Permit expiration.

Sec. 25-5. Permit expiration. A permit shall expire for work not started within thirty (30) days or completed within sixty (60) days after issuance of a permit, and a new permit shall be required before beginning or completing the work. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-6 Grade and alignment standards.

Sec. 25-6. Grade and alignment standards. Applicants shall follow the standard provisions herein set forth for sidewalk construction: (1) Minimum width: Four (4) feet. (2) Beginning distance from property line: Two (2) feet. (3) Grade: To follow a line sloping up and away from the top of the curb at a slope of one-fourth inch per foot. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-7 Variance from standards.

Sec. 25-7. Variance from standards. The city engineer may authorize variances from standard sidewalk provisions where no curb exists or when unusual topographical conditions, nature of existing construction, or similar factors would make adherence to standard provisions unreasonable. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-8 Grade and line required.

Sec. 25-8. Grade and line required. No sidewalk shall be installed unless a grade and line are established therefor. If no grades or lines are available, sidewalks may be installed, but they shall be removed, modified or replaced to conform to grades and lines when established by the city at the sole cost of the property owner abutting said sidewalk. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-9 Construction standards.

Sec. 25-9. Construction standards. Sidewalks shall be constructed in accordance with details and specifications as established by the city engineer. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-10 Inspection of work.

Sec. 25-10. Inspection of work. All work shall be subject to inspection by the city, during construction and upon completion. The street and sidewalk inspector shall be notified by the permittee after forms are set, and no concrete shall be poured or further construction started until approved by the inspector. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-11 Conformance to rules and regulations.

Sec. 25-11. Conformance to rules and regulations. All work shall conform to the rules and regulations established by the director of public works and to instructions issued pursuant thereto by the street and sidewalk inspector. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-12 Repair of sidewalk by abutting owners; failure to repair; no permit fee required.

Sec. 25-12. Repair of sidewalk by abutting owners; failure to repair; no permit fee required. (a) All owners or agents of owners with property abutting and fronting upon any plaza, street or alley within the corporate limits of the city are required to keep the public sidewalks immediately abutting their property in good order and repair. Each owner shall be liable to the city for all losses to the city or recoveries from the city for damages to person or property of others caused by his failure or that of his agents to repair and. keep in good order and reasonably safe condition all such sidewalks abutting and fronting his property upon any plaza, street or alley within the corporate limits of the city. The city may, at its discretion, through the director of public works, notify such owner that repairs are necessary to put such sidewalk in good order and such owner shall, within ten (10) days after such notification, under the supervision of the director of public works, complete such repairs, as specified in such notice. If the person fails to make the required repairs, the city may repair same and the owner shall be liable to the cite for the cost of the repairs. (b) A permit shall be required to make repairs pursuant to this section. However, there will be no change for such a permit unless it is proposed to make a change in the grade, location or dimensions of the sidewalk. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-13 Permit required.

Sec. 25-13. Permit required. No street, alley, public property or public right-of-way shall be cut, trenched, excavated, improved or removed or any object placed therein by any person without first having a written permit from the city. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-14 Unimproved portions of public right-of-way may be improved.

Sec. 25-14. Unimproved portions of public right-of-way may be improved. Where there are no curbs and sidewalks, the area between the traveled portion of the public right-of-way and the property line may be improved and surface treated according to city standards. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-15 Guards required separating private property from improved right-of-way.

Sec. 25-15. Guards required separating private property from improved right-of-way. When the public right-of-way is paved to the property line and no curbs are provided, guards shall be installed within the private property to protect pedestrians using the right-of-way, and to prevent vehicles from access to the private property except at access points designated according to curb cut and driveway requirements set forth in sections 25-38 through 25-40. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-16 Additional requirements for improved portions of right-of-way.

Sec. 25-16. Additional requirements for improved portions of right-of-way. When the public right-of-way is paved to the property line, and when in his judgment traffic safety requires it, the traffic engineer may also require: (1) Installation of guards within the right-of-way to serve as a curb or a barrier between the traveled portions of the right-of-way and the parking area at designated places and with designated openings for access to the parking area within the right-of-way. (2) Installations to prevent backing of vehicles into traffic lanes. (3) Markings to designate parking angles, areas and traffic flow. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-17 Exceptions to permit requirement.

Sec. 25-17. Exceptions to permit requirement. Section 25-13 shall not apply in the following cases: (1) When work is only for the purpose of repairing or installing a sidewalk and a permit has been obtained for such work. (2) When work is only for purposes of removing or changing a curb or installing or repairing a driveway and a permit has been obtained for such work. (3) When work is done for municipal purposes by public works department or under a contract administered by the department of public works. (4) When, in an emergency, it is impractical to obtain a permit before work is done. The police department shall be immediately notified and a permit shall be obtained within forty- eight (48) hours thereafter. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-18 Application forms.

Sec. 25-18. Application forms. (a) Application for a street excavation or for improvements to unimproved portions of the public right-of-way shall be made on forms furnished by the city. (b) Applications may be made by mail or telephone. Such applicants must have a cash deposit with the city sufficient to cover fees or include fees with the mailed applications. (Ord. No. 2657, § 1, 10-19-64; Ord. No. 12108, § 2, 6-18-24)

Tucson Code § 25-19 Reserved.

Sec. 25-19. Reserved. Editors Note: Ordinance No. 8727, § 2, adopted September 9, 1996, repealed § 25-19 in its entirety. Formerly, such section pertained to fees and derived from Ord. No. 2657, § 1, 10-19-64; Ord. No. 6967, § 2, 6-6-88; Ord. No. 7212, § 2, 6-12-89.

Tucson Code § 25-20 Conditions for obtaining permit.

Sec. 25-20. Conditions for obtaining permit. Applicant for a permit and/or his agent and/or the contractor doing the work may be required, before the issuance of the permit, to: (1) Furnish bond or insurance to hold the city harmless and/or fee of liability arising out of the work. (2) Prove he is not delinquent in payments due the city on prior similar work. (3) Prove he is competent and equipped to do the proposed work. (4) Show he has proper licenses to do the work. (5) Submit a plan of subject property and adjacent properties showing existing curb cuts, driveways and their sizes. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-21 Permits required from other city departments or governmental agencies.

Sec. 25-21. Permits required from other city departments or governmental agencies. Permits are required for work done by city departments other than the public works department and by other governmental agencies. No permit fee shall be charged for such permits. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-22 Conformance to rules and regulations.

Sec. 25-22. Conformance to rules and regulations. All work shall conform to specifications and to the rules and regulations established by the director of public works and to instructions issued pursuant thereto by the street and sidewalk inspector. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-23 Inspection of work.

Sec. 25-23. Inspection of work. (a) All work shall be subject to inspection by the city. (b) The street and sidewalk inspector shall be notified by permittee before starting work, and before starting backfill, and upon completion of the work. The permittee shall not proceed with any further work in each instance until being authorized by the street and sidewalk inspector. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-24 Barricades; notice.

Sec. 25-24. Barricades; notice. (a) The applicant shall adequately barricade work in accordance with the latest edition of the "Manual on Uniform Traffic Control Devices," including additions by the city, and shall install sufficient warning lights and signs to protect the public. The applicant shall notify and obtain approval from the traffic engineer seventy-two (72) hours in advance, except in emergencies, before closing or barricading any street or public right-of-way, or portion thereof. (b) Three (3) copies of the "Manual on Uniform Traffic Control Devices," including additions by the city, shall be filed in the office of the city clerk and are made public records and shall be available for public use and inspection during regular office hours. (Ord. No. 2657, § 1, 10-19-64; Ord. No. 6148, § 5, 1-7-85; Ord. No. 10140, § 1, 4-12-05)

Tucson Code § 25-25 Resurfacing.

Sec. 25-25. Resurfacing. (a) Unless otherwise stipulated in the permit, all pavement resurfacing after excavation shall be done by the city. The city shall make a charge for such work according to a schedule of costs established by the director of public works, copies of which schedule shall be kept on file with the city clerk, as revised from time to time. (b) The applicant shall pay in advance the estimated change. Any difference shall be corrected after work is completed. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-26 Permit expiration.

Sec. 25-26. Permit expiration. A permit shall expire for work not started within thirty (30) days or completed within sixty (60) days after issuance of a permit, and a new permit shall be required before beginning or completing the work. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-27 Backfilling and filling.

Sec. 25-27. Backfilling and filling. Backfilling and filling material and the method of filling and backfilling shall meet city specifications. Excavated material not suitable for backfilling shall be removed from the site. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-28 Variance from standards.

Sec. 25-28. Variance from standards. Variance from standards may be authorized pursuant to the provisions of section 25-7. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-29 "Driveway" defined.

Sec. 25-29. "Driveway" defined. For the purposes of this chapter, "driveway" means that portion of the public right-of-way from the private property line to the curb, or, where there is no curb, to the improved or traveled part of the roadway, which area is used to provide vehicular access from the private property to the curb or to the improved or traveled part of the roadway. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-30 Permit required.

Sec. 25-30. Permit required. (a) No curb shall be changed or removed, and no driveway on or across a public street or a public right-of-way or public property shall be repaired or installed without first having a written permit from the city. (b) This section shall not apply when the work is done by the public works department for municipal purposes or under a contract administered by the department of public works. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-31 Application forms.

Sec. 25-31. Application forms. Application for curb cuts and driveway permits shall be made on forms furnished by the city. Applications may be made by mail or phone. Such applicants must have a cash deposit with the city sufficient to cover fees, or include fees with the mailed application. (Ord. No. 2657, § 1, 10-19-64; Ord. No. 12108, § 2, 6-18-24) Editors Note: Former section 25-31, pertaining to changes in street names, has been recodified as § 25-62.

Tucson Code § 25-32 Reserved.

Sec. 25-32. Reserved. Editors Note: Ordinance No. 8727, § 2, adopted September 9, 1996, repealed § 25-32 in its entirety. Formerly, such section pertained to fees and derived from Ord. No. 2657, § 1, 10-19-64; Ord. No. 6967, § 3, 6-6-88; Ord. No. 7212, § 3, 6-12-89.

Tucson Code § 25-33 Conditions for obtaining permit.

Sec. 25-33. Conditions for obtaining permit. The conditions set forth in section 25-20 may be required before issuance of a permit. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-34 Variance from standards.

Sec. 25-34. Variance from standards. Variance from standards may be authorized pursuant to the provisions of section 26-7. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-35 Permit expiration.

Sec. 25-35. Permit expiration. A permit shall expire for work not started within thirty (30) days or completed within sixty (60) days after issuance of a permit, and a new permit shall be required before beginning or completing the work. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-36 Conformance to rules and regulations.

Sec. 25-36. Conformance to rules and regulations. All work shall conform to specifications and to the rules and regulations established by the director of public works and to instruction issued pursuant thereto by the street and sidewalk inspector. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-37 Inspection of work.

Sec. 25-37. Inspection of work. (a) All work shall be subject to inspection by the city during construction and upon completion thereof. (b) The street and sidewalk inspector shall be notified by permittee before concrete is poured and/or surfacing is applied, and the permittee shall not proceed further with the work until being authorized by the street and sidewalk inspector. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-38 Special requirements in residential districts.

Sec. 25-38. Special requirements in residential districts. (a) Curb cuts and driveways shall conform to the following requirements in all residential zoned districts: Minimum curb cut width . . . . . 10 feet Maximum curb cut width . . . . . 20 feet Maximum curb cut width for 2 adjoining properties . . . . . 30 feet Minimum distance between curb cuts . . . . . 12 feet Minimum distance of curb cut from street light standards, or catch basins . . . . . 5 feet Minimum distance of curb cut from a fire hydrant of city water hydrant . . . . . 20 feet Minimum distance of curb cut from end of a curb return . . . . . 4 feet OR from a curb line or a cross street at a street intersection, whichever is more restrictive . . . . . 20 feet See Tucson Code Chapter 23, Land Use Code, particularly Section 3.2.14 and Development Standards, Section 3, Transportation, for additional requirements and standards. (b) Any nonresidential use which would generate more than five (5) times the amount of traffic that would be generated as a result of (a) the existing use of the property if developed for residential use, or (b) the predominant use on the residential block if the property is vacant, shall not have access to an interior residential neighborhood street after June 1, 1998. (1) "Interior residential neighborhood street" as used in this subsection shall include any block consisting entirely of residentially zoned properties except for streets which have been designated as arterial or collector streets in the major streets and routes plan. (2) A waiver to this requirement may be granted at the discretion of the director of the department of transportation where justified by a traffic mitigation plan or unique circumstances which substantially achieve the level of traffic on the affected area as required by this subsection. No waiver may be granted without providing notice and an opportunity for comment to the residential property owners on the block for which the waiver is proposed. Any decision of the director of the department of transportation may be appealed to the mayor and council by the applicant or an affected property owner. (Ord. No. 2657, § 1, 10-19-64; Ord. No. 9065, § 1, 6-1-98; Ord. No. 9065, § 1, 6-1-98)

Tucson Code § 25-39 Special requirements in business districts.

Sec. 25-39. Special requirements in business districts. Curb cuts and driveways shall conform to the following requirements in all business zoned districts: Maximum curb cut width . . . . . 35 feet Maximum driveway width at the property line . . . . . 30 feet Minimum distance between curb cuts or driveways . . . . . 20 feet Maximum number of curb cuts or driveways per 100 feet of street frontage . . . . . 2 Minimum distance of curb cuts from street light standards, or catch basins . . . . . 5 feet Minimum distance from a fire hydrant of city water hydrant . . . . . 20 feet Minimum distance from end of a curb return . . . . . 4 feet OR From a curb line on a cross street at a street intersection . . . . . 20 feet whichever is more restrictive. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-40 Special requirements in industrial districts.

Sec. 25-40. Special requirements in industrial districts. (a) Curb cuts and driveways shall conform to the following requirements in all industrial zoned districts: The provisions established for curb cuts and driveways in section 25-39 for business zoned districts shall prevail in all industrial zoned districts for properties fronting on a through street, as defined in this Code, or on a major street as shown on the latest major streets and routes plan on file with the city engineer. (b) If the property does not front on a through or major street, only the following provisions shall prevail: Minimum distance of curb cut from street light standards or catch basins . . . . . 5 feet Minimum distance from a fire hydrant or city water hydrant . . . . . 20 feet Minimum distance from end of a curb return . . . . . 4 feet OR from the curbline on a cross street at a street intersection . . . . . 23 feet whichever is the more restrictive. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-41 Variances from curb cuts and driveway requirements.

Sec. 25-41. Variances from curb cuts and driveway requirements. The director of public works may grant written variances from the minimum and maximum requirements set forth for the location of curb cuts and driveways in section 25-38 through 25-40 upon written approval by the traffic engineer, provided: (1) The area has peculiar, visible conditions not ordinarily existing in similar areas; or (2) The nature of the business on the property is exceptional; or (3) The nature of the abutting property is exceptional; and (4) The variance is not against the public interest, safety, convenience or general welfare. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-42 Driveways may be denied.

Sec. 25-42. Driveways may be denied. (a) No property owner shall be denied a reasonable driveway access to his property. However, where there is not an adequate extension of a driveway within the private property to park a vehicle entirely off the right-of-way, a curb cut shall be denied. (b) Where there is not adequate parking area for the use to which the property is put, to park off the right-of-way, or where there is not adequate area to maneuver safely in and out, and to preclude backing into the street, a curb cut shall be denied. A minimum of forty (40) feet of depth for right-angle parking shall be required from all street property lines for this purpose. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-43 Curb cut replacements.

Sec. 25-43. Curb cut replacements. Where private property use has been modified so that an existing curb cut is no longer needed, or where Code provisions do not permit curb cuts at existing locations, the traffic engineer, for the promotion of traffic safety and public convenience, may require the abutting property owner to replace the curb at his expense as follows: (1) The traffic engineer shall order the abutting property owner to replace the curb stating the reason. (2) The owner shall either protest, and show cause in writing why the curb should not be replaced within thirty (30) days, or commence the work within sixty (60) days. (3) The protest shall be reviewed by the director of public works and city manager, who may uphold the traffic engineer or revoke or modify his order. (4) If the abutting owner fails to comply with the order the city may do the work and bill the owner for the cost. (Ord. No. 2657, § 1, 10-19-64)

Tucson Code § 25-44 Permit and fee curb cut replacements.

Sec. 25-44. Permit and fee curb cut replacements. A permit but no fee shall be required for curb cut replacements. (Ord. No. 2657, § 1, 10-19-64)

Source: City of Tucson, Tucson Code (Charter and General Ordinances) and Unified Development Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az/0-0-0-18697Fetched: 10/28/2026