DESIGN REVIEW BOARD (DRB) APPEAL PROCEDURE

Tucson Unified Development Code § 3.9.1

in effect

3.9.1. DESIGN REVIEW BOARD (DRB) APPEAL PROCEDURE A. Applicability Appeals to the DRB may be made by and 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. from the following decisions by the PDSD Director Director The chief executive officer of a City department. : 1. Neighborhood Preservation Zone Zone A specifically designated area within which uniform regulations govern the use, placement, spacing, and size of land and buildings. Examples include R-1 residential zone and overlay zones such as the Historic Preservation Zone. It is also referred to as a zoning district. (NPZ) design review applications. An appeal under this section must be based upon an error in the Director Director The chief executive officer of a City department. ’s decision finding compliance or noncompliance with the neighborhood specific design manual and compatibility Compatibility/Compatible Visual consistency of development by mirroring prevailing dimensions, spatial relationships, and architectural and design characteristics of the neighborhood overall and the Contributing Properties within the Development Zone. The term “compatible” does not mean “repetition or copy of” or “identical to” existing structures within the neighborhood. Compatibility is achieved when a development is designed in a manner that blends in with the character of structures in the Development Zone. review standards; and, 2. Architectural Variation and Privacy Mitigation Mitigation Methods used to alleviate or compensate for the negative impact of development on healthy Protected Native Plants. Plans associated with a Flexible Lot Development. B. Appeal to the Design Review Board (DRB) 1. Filing an Appeal A notice of intent to appeal must be filed with the PDSD within 14 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. of the effective date of the PDSD Director Director The chief executive officer of a City department. ’s decision. The complete appeal materials must be filed with the PDSD within 30 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. of the effective date of the decision. An appeal will be scheduled for consideration by the DRB at the next regular meeting that is at least 30 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. following the filing of the appeal. PDSD may, for good cause, grant one extension to the second regular meeting after the filing of the appeal. The filing of an appeal stays the issuance of permits and approvals and all formal land use Land Use A description of the existing or proposed occupancy or utilization of land that include the principal use and accessory uses. action on the 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. proposal subject to the appeal. 2. Limitation on Contact With The Design Review Board Except for 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 appeal with any members of the DRB between the filing of the appeal and the final determination by the DRB. 3. PDSD Director Director The chief executive officer of a City department. ’s Report The PDSD Director Director The chief executive officer of a City department. shall forward the appeal to the DRB any additional materials provided by the appellant, any materials provided by 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. , and the Director Director The chief executive officer of a City department. ’s report and recommendation. 4. Public Hearing and Public Notice Required a. The DRB shall conduct a public hearing on the appeal. The DRB may hold a prior study session but the application for appeal must be scheduled for public hearing within 30 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. of acceptance. Mailed notice of the appeal is required in accordance with Section 3.2.4.B, and must be sent not less than 15 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. and not more than 30 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 hearing. The public hearing on the appeal is conducted in accordance with the rules and regulations of the DRB. b. The DRB may continue the public hearing for up to 45 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. . The public hearing shall not be continued for more than 45 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. without the consent of the applicant, regardless of who is the appellant. 5. Decision a. The DRB shall reach a decision following the close of the public hearing. b. The DRB may affirm, reverse or modify the decision subject to appeal and may impose conditions necessary and appropriate to implement the UDC Unified Development Code (UDC) Chapter 23B of the Tucson Code as adopted by the Mayor and Council establishing zoning regulations governing the use, placement, spacing, and size of land and structures within the corporate limits of the City. Such regulations are applied on individual properties through the use of zoning districts. The boundaries of these districts are depicted on the adopted City Zoning Maps. For the purposes of convenience and ease of use, the UDC is also published as a separate book from the Tucson Code. and other pertinent regulations. The decision by the DRB shall be announced and is final at the time the decision is made following the public hearing. c. The DRB in formulating its preliminary findings and recommendations shall apply the same standards applied by the design professional Design Professional A registered architect with historic preservation experience employed by or under contract with the City. . d. Written confirmation of the decision shall be provided within three 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. of the date of decision to all parties of record. 6. Reconsideration The appellant, the applicant, or the PDSD Director Director The chief executive officer of a City department. may request reconsideration of a decision on an appeal provided the request is filed with the PDSD Director Director The chief executive officer of a City department. within 14 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. of the effective date of the decision is announced. 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 that was not available at the time of the public hearing. The request shall be scheduled for the next regular meeting of the DRB. 7. 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 performed or other formal action taken, while the appeal is pending before the DRB or before the expiration of the period for reconsideration where 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 DRB.

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/0-0-0-1466Fetched: 10/28/2026