GENERAL BOARD OF ADJUSTMENT PROCEDURES
Tucson Unified Development Code § 3.10.1
in effect3.10.1. GENERAL BOARD OF ADJUSTMENT PROCEDURES
A. Applicability
The procedures in this Section 3.10.1, apply to both Board of Adjustment hearing on appeals and requests for variances. Appeals and applications for variances are filed with the PDSD.
B. Director
Director
The chief executive officer of a City department.
of Planning and Development Services Department (PDSD) Recommendation
The PDSD Director
Director
The chief executive officer of a City department.
prepares a recommendation and forwards it, together with any additional materials provided by the applicant or any other party
Party
As applicable to a public review process, means any of the following:
• Applicant;
• All owners of record of property within the property owners notification area specified by the applicable development process and any tenants residing on such property;
• The City, including applicable Ward offices; or,
• Any person, organization, group, or governmental entity which demonstrates to the hearing body a substantial interest in the matter before it or receives a particular and direct impact which is distinguishable from the effects or impacts upon the general public.
to the applicant and the B/A not less than five days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
prior to the scheduled public hearing. The recommendation shall be in the form of a written report that includes the request and present plans, policies, standards, and other information relating to the request. The recommendation shall include a recommended action by the B/A or a statement that the PDSD has no objection to the request. The PDSD Director
Director
The chief executive officer of a City department.
shall also solicit a recommendation from the Design Review Board or the Stormwater Technical Advisory Committee (STAC) if a recommendation from either of these bodies is required by Section 3.10.2.A or Section 3.10.3.G.2.
C. Notice
Notice of public hearings is required in accordance with Section 3.2.4.
D. Limitation on Contact with the Board of Adjustment
Except for a duly noticed site
Site
The land area consisting of a portion of a lot, an entire lot, or contiguous lots, not including dedicated public property, designated for development as a single entity.
inspection, study, and public hearing, no person
Person
Any individual as well as any firm, corporation, partnership, company, or any other form of multiple organization for the carrying on of business.
shall contact or discuss the merits of any case with the members of the B/A between the filing of the appeal or variance and the final determination by the B/A.
E. Board of Adjustment Public Hearing
The B/A may hold a study session and shall hold a public hearing on an application in accordance with the rules and standards of the Board of Adjustment and the requirements listed below.
1. Except as permitted in the public hearing and the procedures for submission of written materials, no person
Person
Any individual as well as any firm, corporation, partnership, company, or any other form of multiple organization for the carrying on of business.
shall communicate with a member of the B/A regarding a matter to be decided by the Board any time prior to the expiration of the time for reconsideration of a decision.
2. The chair of the B/A or person
Person
Any individual as well as any firm, corporation, partnership, company, or any other form of multiple organization for the carrying on of business.
presiding may administer oaths and may compel the attendance of witnesses and the production of relevant information, including witnesses requested by any party
Party
As applicable to a public review process, means any of the following:
• Applicant;
• All owners of record of property within the property owners notification area specified by the applicable development process and any tenants residing on such property;
• The City, including applicable Ward offices; or,
• Any person, organization, group, or governmental entity which demonstrates to the hearing body a substantial interest in the matter before it or receives a particular and direct impact which is distinguishable from the effects or impacts upon the general public.
.
3. The chair or person
Person
Any individual as well as any firm, corporation, partnership, company, or any other form of multiple organization for the carrying on of business.
presiding may impose any reasonable limitations on the number of speakers heard and may establish the nature and length of testimony by speakers.
4. Comments may be given by any person
Person
Any individual as well as any firm, corporation, partnership, company, or any other form of multiple organization for the carrying on of business.
, either verbally or in writing.
5. Following the close of the hearing and prior to making a decision or recommendation, the B/A may discuss the matter and further question staff or any party
Party
As applicable to a public review process, means any of the following:
• Applicant;
• All owners of record of property within the property owners notification area specified by the applicable development process and any tenants residing on such property;
• The City, including applicable Ward offices; or,
• Any person, organization, group, or governmental entity which demonstrates to the hearing body a substantial interest in the matter before it or receives a particular and direct impact which is distinguishable from the effects or impacts upon the general public.
submitting comment.
6. A record of the hearing must be made and retained as a public record.
F. Decision
Following the public hearing, the decision by the B/A is announced and is final at the time the decision is made.
G. Reconsideration
The B/A may consider one request for reconsideration by the applicant or a party of record
Party of Record
The applicant, all persons who received notice of the application during a review process, all persons who provided a written statement of an interest in the project prior to the issuance of a decision, and all persons who gave testimony at a public hearing.
, if:
1. A written request is filed with the Zoning Administrator within 14 calendar days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
after the Board has rendered its decision; and,
2. A request for reconsideration may be made only where there is an error in fact or law in the decision or where a party
Party
As applicable to a public review process, means any of the following:
• Applicant;
• All owners of record of property within the property owners notification area specified by the applicable development process and any tenants residing on such property;
• The City, including applicable Ward offices; or,
• Any person, organization, group, or governmental entity which demonstrates to the hearing body a substantial interest in the matter before it or receives a particular and direct impact which is distinguishable from the effects or impacts upon the general public.
has new evidence or material that was not available at the time of the public hearing. The request shall be scheduled for the next regular meeting of the Board of Adjustment.
H. Issuance of Permits and Approvals
No permits or development
Development
Any human alteration to the state of land, including its vegetation, soil, geology, or hydrology, for any residential, commercial, industrial, utility, or other use, such as, but not limited to, clearing, grubbing, or grading of land, and structural improvements, e.g., buildings, walls, fences, signs, and vehicular use areas.
approvals based on the decision shall be issued, no inspections shall be performed, nor other formal action shall be taken while the case is pending before the B/A or before the expiration of the period for reconsideration if no request is filed. If a request for reconsideration is filed, no permits or development
Development
Any human alteration to the state of land, including its vegetation, soil, geology, or hydrology, for any residential, commercial, industrial, utility, or other use, such as, but not limited to, clearing, grubbing, or grading of land, and structural improvements, e.g., buildings, walls, fences, signs, and vehicular use areas.
approvals based on the decision shall be issued, or other formal action taken until completion of action on the request for reconsideration is announced by the Board of Adjustment.
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_udc/0-0-0-1533Fetched: 10/28/2026