400' NOTICE PROCEDURE

Tucson Unified Development Code § 3.3.5

in effect

3.3.5. 400' NOTICE PROCEDURE A. Purpose The purpose of this procedure is to require 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 400' Notice Procedure applies to the following applications: 1. Mitigation Mitigation Methods used to alleviate or compensate for the negative impact of development on healthy Protected Native Plants. plans for restaurants that are located within 300 feet of R-3 or more restrictive More Restrictive Zoning See Section 4.5, More Restrictive Zoning. zoning district Zoning District Designated areas that are zones and/or districts. In a Planned Community District (PCD), a zoning district is an area within a Development Area (DA) comparable to a zoning district established by the UDC, containing one or more land uses and for which the Development Guidelines and Standards in the Master Development Plan (MDP) may be established as provided in Section 2-05.3.2.A.4 of the Administrative Manual. and that serve alcohol; 2. Projects Project A development, consisting of one or more contiguous lots, planned and constructed to function as a single entity, utilizing common or shared facilities, structures, parking, and vehicular and pedestrian access. within the Greater Infill Incentive Subdistrict of the Downtown Area Infill Incentive District requesting a Modification of Development Regulations; and, 3. Individual Parking Plans for projects Project A development, consisting of one or more contiguous lots, planned and constructed to function as a single entity, utilizing common or shared facilities, structures, parking, and vehicular and pedestrian access. within 400 feet of R-3 or more restrictive More Restrictive Zoning See Section 4.5, More Restrictive Zoning. zoning districts Zoning District Designated areas that are zones and/or districts. In a Planned Community District (PCD), a zoning district is an area within a Development Area (DA) comparable to a zoning district established by the UDC, containing one or more land uses and for which the Development Guidelines and Standards in the Master Development Plan (MDP) may be established as provided in Section 2-05.3.2.A.4 of the Administrative Manual. or Historic Preservation Zones. C. Pre-Application Conference Required A pre-application conference with City City Same as City of Tucson. staff is required in accordance with Section 3.2.1. D. Neighborhood Meeting Required The applicant is required to conduct a neighborhood meeting and shall provide notice of the neighborhood meeting in accordance with Section 3.2.2.C. 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 are reviewed for completeness in compliance with Section 3.2.3.A. Following acceptance by the PDSD, notice of the application is required in accordance with Section 3.2.4.B. F. Public Comment Period For 20 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 mailed, 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. I. Appeals 1. The PDSD Director Director The chief executive officer of a City department. ’s decision may be appealed to the Mayor and Council on the grounds that the decision is not in conformance Conformance To be in agreement with; to comply with. with the criteria established 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. ; 2. Appeals are processed in accordance with Section 3.9.2, Mayor and Council Appeal Procedure; 3. The notice of intent to appeal must be filed with the City Clerk no later than 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. after the effective date of the decision; 4. The complete appeal materials must be filed with the City Clerk 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; and, 5. A copy of the appeal is provided to the PDSD Director Director The chief executive officer of a City department. at the time it is filed. J. 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 Prior to the issuance of an occupancy permit, 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. shall be inspected by the PDSD for compliance with the plans approved for the issuance of 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. permits and any changes authorized by the PDSD Director Director The chief executive officer of a City department. to those approved plans during construction. (Am. Ord. 11201, 9/23/2014; Am. Ord. 11732, 2/19/2020; Am. Ord. 11922, 7/12/2022)

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/0-0-0-984Fetched: 10/28/2026