100' NOTICE PROCEDURE

Tucson Unified Development Code § 3.3.4

in effect

3.3.4. 100' NOTICE PROCEDURE A. Purpose Proposed 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. that involves minor modifications including increases to food producing animals Food Producing Animal See Animal, Food Producing. Animal, Food Producing Animals such as miniature goats, fowl such as chickens, ducks, geese and turkeys, and other similar small food producing animals. Dogs, cats, pigeons, other non-food producing fowl, and fish are not considered food producing animals for the purposes of applying the food producing animal standards in the UDC. , small deviations to design criteria, or minor construction subject to design review shall comply with the following general procedures. This procedure is intended to provide notice to parties who may be affected by 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. . B. Applicability The 100' Notice Procedure applies to the following applications: 1. Approval of resident artisan Artisan One who practices an art or one trained to manual dexterity or skill in a trade. uses in the Historic 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. ; 2. Certain wireless facilities; 3. Design Development Options (DDO) in accordance with Section 3.11.1; 4. Parking Design Modification Requests to the required number of bicycle Bicycle A nonmotorized device propelled only by human power having two or three wheels, any of which is more than 16 inches in diameter. and motor vehicle parking spaces Motor Vehicle Parking Space An area permanently reserved and maintained for the parking of one motor vehicle. ; 5. PDSD Director Director The chief executive officer of a City department. Special Exception applications; 6. Requests for demolition of contributing, non-historic structures Structure A physical element constructed or erected with a fixed location on the ground or attached to another physical element having a fixed location at, below, or above grade. Structures include such elements as, but are not limited to, buildings, paved areas, walls, fences, posts, and patios. in Historic Preservation Zones 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. ; 7. Requests to increase the permitted number of food producing animals Food Producing Animal See Animal, Food Producing. Animal, Food Producing Animals such as miniature goats, fowl such as chickens, ducks, geese and turkeys, and other similar small food producing animals. Dogs, cats, pigeons, other non-food producing fowl, and fish are not considered food producing animals for the purposes of applying the food producing animal standards in the UDC. or decrease the setback for a food producing animal Animal, Food Producing Animals such as miniature goats, fowl such as chickens, ducks, geese and turkeys, and other similar small food producing animals. Dogs, cats, pigeons, other non-food producing fowl, and fish are not considered food producing animals for the purposes of applying the food producing animal standards in the UDC. shelter Animal Shelter A structure that covers or reasonably protects an animal from the weather and predators, such as a chicken coop. An animal run area is intended to allow an animal to move about freely. It may be connected to a shelter and must be enclosed. The enclosed run area is not subject to location requirements. at a community garden Garden An area used for growing flowers, fruit, or vegetables in the ground, in containers, and in greenhouses. Gardens include aquaponic and hydroponic systems. , an urban farm, or a residential property; and, 8. Other types of applications if the PDSD Director Director The chief executive officer of a City department. makes one of the following findings: a. There is a minor change in 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. criteria that is requested; b. There are few, if any, changes in the physical attributes of the property; c. There is a potential for impact upon the neighborhood or the adjacent Adjacent Two or more parcels Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. or lots Lot A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning standards, with legal access to a public street. sharing a common boundary or separated by an alley Alley Alleys are public ways used for the placement of utilities, refuse collection, or similar public services, and under certain circumstances as provided in the UDC, access to individual properties. or other right-of-way Right-of-Way An area reserved for a public or private use, such as, but not limited to, street or alley rights-of-way and utility easements. 20 feet or less in width. Parcels Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. or lots Lot A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning standards, with legal access to a public street. having only a common corner are considered adjacent. Within the Infill Incentive District District A zone that has zoning options to encourage transit-oriented development or has specific urban design standards within the City. Examples include the Rio Nuevo District, the Downtown Area Infill Incentive District. A “district” is also referred to as a zoning district. , Optional Zoning Sub-Districts, Areas and Sub-Areas, the term "adjacent" or "adjacency" means: A. Two or more parcels Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. or lots Lot A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning standards, with legal access to a public street. sharing a common boundary or separated by an ally Alley Alleys are public ways used for the placement of utilities, refuse collection, or similar public services, and under certain circumstances as provided in the UDC, access to individual properties. or a local Local Street A street that primarily serves as access to a residence or other abutting property. or arterial street Arterial Street A street identified as an arterial or Interstate Route on the Major Streets and Routes (MS&R) Plan. 30 feet or less in width. Parcels Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. or lots Lot A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning standards, with legal access to a public street. having only a common corner are also considered adjacent. B. Where 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. parcel is an interior parcel Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. , adjacent lots Lot A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning standards, with legal access to a public street. includes all residential lots Lot A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning standards, with legal access to a public street. 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. on either side of 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. parcel Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. , those lots Lot A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning standards, with legal access to a public street. fronting on the same street Street Any permanent public or private right-of-way, other than an alley, access lane, or parking area access lane, set aside to accommodate vehicular travel lanes, parking lanes, bike lanes, pedestrian facilities, utility areas, and other such design features, whether designated as a street, drive, highway, thoroughfare, road, boulevard, avenue, lane, or place. in the same block Block A unit of land bounded by streets or by a combination of streets and public lands, railroad rights-of-way, watercourses, or other barriers to the continuity of the unit of land. A block may be comprised of one or more lots. A block made up of one lot may also be referred to as a lot or parcel. as 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. parcel Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. , and all those lots Lot A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning standards, with legal access to a public street. on the opposite side of that street Street Any permanent public or private right-of-way, other than an alley, access lane, or parking area access lane, set aside to accommodate vehicular travel lanes, parking lanes, bike lanes, pedestrian facilities, utility areas, and other such design features, whether designated as a street, drive, highway, thoroughfare, road, boulevard, avenue, lane, or place. (See Figure, "Interior Lot Lot A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning standards, with legal access to a public street. "); C. Where 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. parcel Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. is a corner lot Lot A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning standards, with legal access to a public street. , the term "adjacent" includes all the residential corner lots Lot A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning standards, with legal access to a public street. or developments 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. diagonally opposite 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. parcel Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. , fronting on the same two streets Street Any permanent public or private right-of-way, other than an alley, access lane, or parking area access lane, set aside to accommodate vehicular travel lanes, parking lanes, bike lanes, pedestrian facilities, utility areas, and other such design features, whether designated as a street, drive, highway, thoroughfare, road, boulevard, avenue, lane, or place. in the same block Block A unit of land bounded by streets or by a combination of streets and public lands, railroad rights-of-way, watercourses, or other barriers to the continuity of the unit of land. A block may be comprised of one or more lots. A block made up of one lot may also be referred to as a lot or parcel. , and on the opposite sides of those streets Street Any permanent public or private right-of-way, other than an alley, access lane, or parking area access lane, set aside to accommodate vehicular travel lanes, parking lanes, bike lanes, pedestrian facilities, utility areas, and other such design features, whether designated as a street, drive, highway, thoroughfare, road, boulevard, avenue, lane, or place. as shown in the diagram below (See Figure, "Corner Lot Lot A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning standards, with legal access to a public street. "); D. Where 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. parcel Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. is adjacent to an HPZ, the term "adjacent" includes all lots Lot A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning standards, with legal access to a public street. across the street Street Any permanent public or private right-of-way, other than an alley, access lane, or parking area access lane, set aside to accommodate vehicular travel lanes, parking lanes, bike lanes, pedestrian facilities, utility areas, and other such design features, whether designated as a street, drive, highway, thoroughfare, road, boulevard, avenue, lane, or place. and diagonally across from 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. parcel Parcel The same as “lot.” The term “parcel” is generally listed to describe a piece of property recorded as a division of land by a metes and bounds description and may or may not be a part of a subdivision plat. In a project where a division of land is proposed, each proposed division is considered a lot for the purpose of applying the requirements of the zoning ordinance. . properties; d. Where there are commercial and office developments 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. , (1) through (3) above apply and there is a benefit to area properties from the proposed redevelopment of the property; or, e. There is an administrative Special Exception Land Use designated in 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. related to the proposed 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. . C. Pre-Application Conference Recommended A pre-application conference with City City Same as City of Tucson. staff is recommended, but not required. See Section 3.2.1 for details on the pre-application conference. D. Neighborhood Meeting Recommended The applicant is recommended, but not required, to conduct a neighborhood meeting with surrounding property owners and neighborhood association Neighborhood Association A neighborhood association registered with the City. representatives. E. Application and Notice of Application Required Submittal of an application to the PDSD is required in order to process the request. See the Administrative Manual for application submittal requirements. Applications shall be reviewed for completeness in compliance with Section 3.2.3.A, Application Required. Following acceptance by the PDSD, notice of the application is required in accordance with Section 3.2.4.B, Mailed Notices. F. Public Comment Period For ten 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 date on which notice is provided, the public may submit comments on the proposal to the PDSD. G. Review Review is conducted by the PDSD staff and other agencies, committees or advisory boards as required by 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 others as may be deemed appropriate by the PDSD Director Director The chief executive officer of a City department. . H. Decision and Notice of Decision The PDSD Director Director The chief executive officer of a City department. shall approve or deny an application and send written notice of the decision in accordance with Section 3.2.4.B. The PDSD Director Director The chief executive officer of a City department. may impose conditions for approval of the application or may require further processing of the application in accordance with Section 3.3.5, 400' Notice Procedure. I. Appeals 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. may appeal the PDSD Director Director The chief executive officer of a City department. ’s decision to the Board of Adjustment (B/A). Appeals must be filed in accordance with Section 3.10.1 and .2. A notice of intent to appeal must be received by the PDSD within 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. of the effective date of the decision. The complete appeal materials must be filed 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. J. Waiver of Comment, Notice of the Decision and Right to Appeal The required time period for public comment, for notice of the decision, and for the filing of an appeal may be waived, if the applicant provides written documentation that all parties of record have waived one or more of these provisions. (Am. Ord. 11328, 12/8/2015; Am. Ord. 11732, 2/19/2020)

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/0-0-0-951Fetched: 10/28/2026