CHANGE IN CONDITIONS OF APPROVAL AND COMPLETION OF CONDITIONS
Tucson Unified Development Code § 3.5.4
in effect3.5.4. CHANGE IN CONDITIONS OF APPROVAL AND COMPLETION OF CONDITIONS
An applicant may request a change to conditions of approval. The PDSD Director
Director
The chief executive officer of a City department.
shall make a determination as to whether a proposed change to the conditions of rezoning, to the preliminary site plan
Site Plan
A drawing of a project site that provides detailed information that shows how a proposed project will be developed in compliance with City regulations and other applicable regulations as required by outside review agencies involved in development review.
, or to the approved site plan
Site Plan
A drawing of a project site that provides detailed information that shows how a proposed project will be developed in compliance with City regulations and other applicable regulations as required by outside review agencies involved in development review.
is major, minor, or administrative. A request to change conditions of approval is considered as follows:
A. Types of Changes
The three types of changes are as follows:
1. Major Change
a. Density
Density
The number of residential units per acre.
or increase in non-residential floor area
Floor Area
Same as Gross Floor Area.
Gross Floor Area
The sum of the horizontal areas of all floors of all buildings, including accessory buildings on a lot, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings and includes elevator shafts and the stairwells at each story. Gross floor area includes floor space with structural headroom of six feet and six inches or more used for mechanical equipment; penthouses; attic space; interior balconies; mezzanines; and service bays but does not include any interior space used for parking, loading, or loading space that is incidental to the principal use.
condition
This change involves, 1) if the number of residences increases by 10% or greater; or in any case increases by 50 or more units; or 2) if the non-residential floor area
Floor Area
Same as Gross Floor Area.
Gross Floor Area
The sum of the horizontal areas of all floors of all buildings, including accessory buildings on a lot, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings and includes elevator shafts and the stairwells at each story. Gross floor area includes floor space with structural headroom of six feet and six inches or more used for mechanical equipment; penthouses; attic space; interior balconies; mezzanines; and service bays but does not include any interior space used for parking, loading, or loading space that is incidental to the principal use.
increases by 10% or greater;
b. Design condition
This change involves a quantified physical dimension established in a condition to adapt to specific 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.
characteristics or mitigate 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.
impacts on the 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.
and surrounding land uses
Land Use
A description of the existing or proposed occupancy or utilization of land that include the principal use and accessory uses.
. Examples of such dimensions include setbacks
Setback
The distance from a set point and is frequently used interchangeably with the term “perimeter yard.” Setbacks may also pertain to drainage-related or other setbacks.
, heights, landscape buffers, natural areas, or areas to be disturbed, when these are illustrated on the preliminary site plan
Site Plan
A drawing of a project site that provides detailed information that shows how a proposed project will be developed in compliance with City regulations and other applicable regulations as required by outside review agencies involved in development review.
or stated in a condition;
c. Use condition
This change involves an illustration on the preliminary site plan
Site Plan
A drawing of a project site that provides detailed information that shows how a proposed project will be developed in compliance with City regulations and other applicable regulations as required by outside review agencies involved in development review.
or a change stated in a condition that only a specific set of uses are permitted on the 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.
; or,
d. A change in a preliminary site plan
Site Plan
A drawing of a project site that provides detailed information that shows how a proposed project will be developed in compliance with City regulations and other applicable regulations as required by outside review agencies involved in development review.
when the building
Building
A structure having a roof supported by columns, posts, or walls and intended for the shelter, housing, or enclosure of any person, entity, animal, process, equipment, goods, or materials of any kind or nature.
area is substantially reconfigured such that traffic generated by the new layout will increase 10% or greater over the previous layout’s proposed traffic generation.
2. Minor Change
A change in the rezoning conditions or preliminary site plan
Site Plan
A drawing of a project site that provides detailed information that shows how a proposed project will be developed in compliance with City regulations and other applicable regulations as required by outside review agencies involved in development review.
that is not a major change or an administrative change.
3. Administrative Change
A change in a feature of a preliminary site plan
Site Plan
A drawing of a project site that provides detailed information that shows how a proposed project will be developed in compliance with City regulations and other applicable regulations as required by outside review agencies involved in development review.
for an approved rezoning when the result is still in substantive compliance with the approved rezoning. Administrative changes are approved by the PDSD Director
Director
The chief executive officer of a City department.
. The Director
Director
The chief executive officer of a City department.
shall make a finding that the change will not create a nuisance
Nuisance
A condition or use on the property that endangers life or health, gives offense to the senses, or obstructs the reasonable and comfortable use of other property, or any combination of these effects.
on adjoining
Adjoining
Same as abutting.
Abutting
Having a common boundary. Parcels or lots having only a common corner are not considered abutting.
land uses
Land Use
A description of the existing or proposed occupancy or utilization of land that include the principal use and accessory uses.
or cause a safety hazard.
B. Procedures for Changes
1. Minor Amendment to a Preliminary Site Plan
Site Plan
A drawing of a project site that provides detailed information that shows how a proposed project will be developed in compliance with City regulations and other applicable regulations as required by outside review agencies involved in development review.
A request for a minor amendment to a preliminary site plan
Site Plan
A drawing of a project site that provides detailed information that shows how a proposed project will be developed in compliance with City regulations and other applicable regulations as required by outside review agencies involved in development review.
that was approved by the Mayor and Council is considered a change to conditions of approval that may be granted by the PDSD Director
Director
The chief executive officer of a City department.
.
2. Major Amendment to Conditions or the Preliminary Site Plan
Site Plan
A drawing of a project site that provides detailed information that shows how a proposed project will be developed in compliance with City regulations and other applicable regulations as required by outside review agencies involved in development review.
a. A request for a major amendment to the conditions of approval or the approved preliminary site plan
Site Plan
A drawing of a project site that provides detailed information that shows how a proposed project will be developed in compliance with City regulations and other applicable regulations as required by outside review agencies involved in development review.
is subject to either the Zoning Examiner Legislative Procedure, per UDC Section 3.5.3, or Mayor and Council approval at a public hearing.
b. A neighborhood meeting is required per the requirements of Section 3.2.2.
c. After the required neighborhood meeting the PDSD Director
Director
The chief executive officer of a City department.
will determine which process the request will follow. The PDSD Director's determination is not subject to appeal.
1. The request shall follow the Zoning Examiner Legislative Procedure if the PDSD Director determines, after the neighborhood meeting, that the application presents issues that would be appropriate for review and recommendation from the Zoning Examiner prior to Mayor and Council consideration.
2. The request is subject only to Mayor and Council approval at a public hearing if the PDSD Director
Director
The chief executive officer of a City department.
determines that no review by the Zoning Examiner is needed to inform the Mayor and Council's consideration of the application. The Mayor and Council may proceed to make that decision after a Public Hearing; and also have the option to remand the application to the Zoning Examiner for the Zoning Examiner's review and recommendation.
d. The same voting requirements as for the original adoption shall apply to the request for a substantial change of conditions.
3. Minor Changes to Conditions
Minor amendments to conditions of approval must be considered by the Mayor and Council in a public meeting.
C. Time Period for Completion of Conditions
1. The Mayor and Council, when authorizing a rezoning request, shall establish a time period to meet all conditions of rezoning. The time period shall begin the day after the date of authorization.
2. The required length of the time period to complete conditions of rezoning may range from one day to five years. By Mayor and Council policy, the staff recommendation for rezoning requests that involve a zoning violation
Violation
Any improvements that are constructed or any use established on a property without zoning compliance or any improvements under construction that are not in compliance with plans approved for zoning or other City code compliance are considered a violation of this chapter. The Planning and Development Services Department (PDSD) shall enforce compliance with this chapter by suspending construction or through other available means until compliance is achieved.
is a one-year period. For rezoning requests that do not involve a zoning violation
Violation
Any improvements that are constructed or any use established on a property without zoning compliance or any improvements under construction that are not in compliance with plans approved for zoning or other City code compliance are considered a violation of this chapter. The Planning and Development Services Department (PDSD) shall enforce compliance with this chapter by suspending construction or through other available means until compliance is achieved.
, a five-year period is recommended.
D. Extension of Time
1. When a rezoning request has been authorized or an ordinance adopted and the specified time period within which to complete all conditions of rezoning has lapsed, the case file shall be closed. A closed case may be reactivated only by the Mayor and Council after a public hearing on the reactivation of the case.
2. A time extension may be requested before the time period for completion of the ordinance conditions expires. The request must be filed prior to the expiration date so Mayor and Council can take action on the request prior to the expiration of rezoning.
3. The filing of a time extension request initiates a staff review to determine whether the request should be approved or denied, and whether conditions should be revised to reflect new conditions, or practice. New conditions may be added as part of the staff review. At the end of the staff review period, a communication to Mayor and Council is drafted and forwarded to the City Clerk for City Manager review and Mayor and Council consideration.
4. The Mayor and Council shall consider the time extension request after a public hearing, in the circumstance where the time extension request does not extend the expiration period beyond five years from the most recent public hearing on the case. However, no time extension may be granted beyond ten years from the original date of approval.
5. Where an ordinance has been adopted, the last public hearing before the ten-year limitation shall provide for the repeal of the adopted ordinance if the conditions are not completed prior to the expiration of the ten-year period.
E. Completion and Certification
A case is deemed complete and final when the conditions of approval are verified as complete by the PDSD Director
Director
The chief executive officer of a City department.
. The conditions may include, but are not limited to the issuance of a building
Building
A structure having a roof supported by columns, posts, or walls and intended for the shelter, housing, or enclosure of any person, entity, animal, process, equipment, goods, or materials of any kind or nature.
permit, the recording of legal documents, such as a subdivision
Subdivision
Any division of land, improved or unimproved, for the purpose of financing, sales, or lease, whether immediate or future, in one of four ways:
A. Any property whose boundaries are fixed by a recorded plat, which is divided into three or more lots, tracts, or parcels of land;
B. Any property whose boundaries are not fixed by a recorded plat which is divided into four or more lots, tracts, or parcels of land;
C. Any property that requires the development of a new street, which is divided into two or more lots, tracts, or parcels of land; or,
D. Any condominium, cooperative, community apartment, townhouse, or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon.
plat
Plat
A map of a subdivision. The term “plat” includes:
A. Block Plat
A map of a subdivision that consists of ten or fewer lots the size of which are in conformance with the applicable zoning requirements for lot size.
B. Tentative Plat
A graphic representation of a proposed subdivision, including supporting data, designed and prepared in accordance with the subdivision provisions of this Article, any other local applicable regulation, and state statute. A tentative plat is the same as a preliminary plat as defined in state statute.
C. Final Plat
A survey document suitable for recordation of all or part of a subdivision substantially conforming to an approved tentative plat, if a tentative plat is required, prepared in accordance with the subdivision provisions of this Article, any other local applicable regulation, and state statute.
D. Recorded Plat
A fully executed final plat, bearing all required signatures and certificates of approval, that has been recorded in the Pima County Recorder’s Office.
, or issuance of a zoning compliance certificate upon a 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. When completion of the conditions has been verified, the PDSD Director
Director
The chief executive officer of a City department.
shall certify completion of the conditions and the zoning on the property shall be changed in accordance with the adopted ordinance.
F. Time Limitations on Re-filing
1. Mayor and Council policy and the rules and procedures of the Zoning Examiner require that a new request for rezoning on property previously denied rezoning by the Mayor and Council may not be accepted for a period of one year from the date of denial, except:
a. When the new case does not involve a request for a 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.
that was denied or recommended as a substitute 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.
and rejected by the original applicant;
b. When a substantial change in the use of 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.
.
property has occurred since the previous case was heard that could not have been anticipated; or,
c. When there has been a change in ownership and a substantially modified site plan
Site Plan
A drawing of a project site that provides detailed information that shows how a proposed project will be developed in compliance with City regulations and other applicable regulations as required by outside review agencies involved in development review.
is presented.
2. Mayor and Council policy recognizes the Pima County Board of Supervisors’ one-year policy with respect to rezoning applications that have been denied, where these properties are later annexed into the City
City
Same as City of Tucson.
. The one-year waiting period begins on the day after the date the Board of Supervisors denied the application.
(Am. Ord. 11996, 3/21/2023)
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/0-0-0-1208Fetched: 10/28/2026