PDSD DIRECTOR APPROVAL PROCEDURE

Tucson Unified Development Code § 3.3.3

in effect

3.3.3. PDSD DIRECTOR APPROVAL PROCEDURE A. Applicability Applications that are processed in accordance with the Planning and Development Services (PDSD) Director Director The chief executive officer of a City department. approval procedure include, but are not limited to: 1. Business licenses; 2. Changes of use; 3. Downtown Area Infill Incentive District - 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 Downtown Core Sub-District requesting a Modification of Development Regulations (Note: 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 are processed in accordance with the 400' Notice Procedure, Section 3.3.5); 4. Electrical connections (certain types); 5. Expansion of existing premises; 6. Home occupations Home Occupation A land use activity carried out for financial gain by a resident, on the resident’s property, conducted as an accessory use to the Family Dwelling or Mobile Home Dwelling use on the property. ; 7. 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. greater than 400 feet from 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; 8. New construction; 9. Nonconforming same land use Land Use A description of the existing or proposed occupancy or utilization of land that include the principal use and accessory uses. class substitution; 10. Nonconforming parking areas Parking Area Same as Vehicular Use Area. Vehicular Use Area Any area of a site or structure used for the movement, parking, or standing of motor vehicles. The vehicular use area includes access drives, maneuvering areas, refuse collection locations, loading spaces, and any landscaping and screening within ten feet of these areas. ; 11. Parking Design Modification Requests (except requests to modify the 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. or motor vehicle parking spaces Motor Vehicle Parking Space An area permanently reserved and maintained for the parking of one motor vehicle. ); 12. 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 certain overlay 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. ; 13. Restricted adult activities; 14. Site plans 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. (except 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 overlay 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. that require a different procedure); 15. Land divisions, land splits Land Split Lot split has the same meaning as “land split” as defined in A.R.S. §9-463(3), that is, the division of improved or unimproved land for the purpose of sale or lease, which is not defined as a subdivision, whose area is two and one-half acres or less in size, into two tracts or parcels if previously platted, or, three tracts or parcels of land or less if not previously platted. , and subdivisions 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. (see Article 8 for detailed procedures); 16. Temporary uses or 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. (see Section 4.11 for additional requirements); 17. Tenant improvements Improvements Any on-site or off-site improvements, such as, but not limited to, refuse container enclosures, streets, sidewalks, sewer, water, and electric utility installations, drainage and flood control facilities, monuments or other similar facilities or developments for which the City of Tucson may ultimately assume responsibility for maintenance and operation, or landscaping, screening, or other site improvements required by the Tucson Unified Development Code (UDC) or other appropriate City code. ; 18. Wireless communication uses (certain types); 19. Zoning compliance for 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. improvements Improvements Any on-site or off-site improvements, such as, but not limited to, refuse container enclosures, streets, sidewalks, sewer, water, and electric utility installations, drainage and flood control facilities, monuments or other similar facilities or developments for which the City of Tucson may ultimately assume responsibility for maintenance and operation, or landscaping, screening, or other site improvements required by the Tucson Unified Development Code (UDC) or other appropriate City code. in existence on May 1, 2005 (see Section 3.3.3.H below); and, 20. Other applications, such as blood donor centers and circus, carnival and tent shows. B. Site Plans 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. Some of the above listed application types may also require submission of a 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. with the application (see Section 3.3.3.G for the requirements for site plans 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. ). C. Pre-Application Conference A pre-application conference is recommended, but not required, except as provided below (see Section 3.2.1 for details on pre-application conferences). D. Application 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, Application Requirements, and compliance with the neighborhood meeting requirements of Section 3.2.2, Neighborhood Meeting. E. Review of Accepted Applications Applications are reviewed for compliance with applicable zoning regulations 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 as deemed necessary or appropriate by the PDSD Director Director The chief executive officer of a City department. . F. Decision 1. The PDSD Director Director The chief executive officer of a City department. decides whether to approve or deny an application. 2. The Director Director The chief executive officer of a City department. is not required to make a decision on an amended application until after the required recommendation on the amended application by an applicable advisory body is received by the PDSD. G. Site Plans 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. 1. Purpose Certain types of applications listed in Section 3.3.3.A, Applicability (PDSD Director Director The chief executive officer of a City department. Approval Procedure), may require the submission of a 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. . This section sets forth the requirements of the PDSD Director Director The chief executive officer of a City department. approval procedure as they pertain to the processing of site plans 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. . These procedural requirements ensure that an applicant provides sufficient information to enable the City City Same as City of Tucson. to determine compliance with all applicable 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. requirements and other applicable City City Same as City of Tucson. ordinances, standards, policies, and special conditions. 2. Applicability A 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 required for the following types of 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. : a. All new non-residential 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. All residential 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. with three or more dwelling units Dwelling Unit A building or portion of a building that is designed, occupied, or intended for occupancy as living quarters exclusively for a single household, which includes one or more rooms, with sleeping and sanitary facilities and one enclosed kitchen. One accessory cooking facility per dwelling unit is permitted. on one 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. Existing 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. undergoing a change of use Change of Use A land use that is being located on vacant land; a land use that replaces an existing use with a use from a different Land Use Class; or a land use that replaces an existing use that is from the same Land Use Group but that requires more parking spaces than required for the prior use. , 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. or structure 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. additions, and/or a reconfiguration of an area outside 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. ; d. Flexible Lot Developments not required to be processed in accordance with Article 8, Land Division, Land Split Land Split Lot split has the same meaning as “land split” as defined in A.R.S. §9-463(3), that is, the division of improved or unimproved land for the purpose of sale or lease, which is not defined as a subdivision, whose area is two and one-half acres or less in size, into two tracts or parcels if previously platted, or, three tracts or parcels of land or less if not previously platted. , and 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. Standards; and, e. A residential, commercial, or industrial use reviewed 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. , but no 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 may be issued until a 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 approved for all or a portion of the subject 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. . Any other application type listed in Section 3.3.3.A, Applicability (PDSD Director Director The chief executive officer of a City department. Approval Procedure), where a 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. submittal is determined by the PDSD Director Director The chief executive officer of a City department. to be necessary for adequate review of the application. 3. Application Processing Site plans 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. are processed in accordance with the applicable requirements of Sections 3.3.3.B through F, PDSD Director Director The chief executive officer of a City department. Approval Procedure. 4. Review City City Same as City of Tucson. departments and applicable outside public agencies shall review an application and return comments on the application. 5. Approval a. When a determination has been made that an application complies with all applicable regulations, the PDSD Director Director The chief executive officer of a City department. shall send a written approval confirmation to the applicant and sign the 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. . An 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. indicates that all reviews have occurred and all conditions have been met. b. In the case of a rezoning, a written confirmation is used to initiate the preparation of the rezoning ordinance for Mayor and Council consideration. The PDSD Director Director The chief executive officer of a City department. shall sign the 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. once the rezoning ordinance is adopted and becomes effective. c. An applicant has one year from the date of application to obtain approval of a 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 complies with zoning and other 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. requirements in effect at the time of application, unless an ordinance adopted by Mayor and Council during this period states otherwise. A 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. application that has been in review for a period of one year and has not yet been approved is considered denied. To continue the review of a 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 the property, a new 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. must be submitted that complies with regulations in effect at the time of re-submittal. The new submittal initiates a new one-year review period. d. Approved site plans 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. shall be filed with the official 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. records for 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 shall be the basis 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. 6. Expiration of Approval Expiration dates for site plans 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. are listed below. For the purposes of this section, “construction or 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” are those permits issued for the construction of the project 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. , such as, but not limited to, infrastructure Infrastructure All structures or improvements to the land, such as roads or facilities for the provision of gas, electric, water, drainage, or communications, that are necessary to support development on or abutting property. improvements Improvements Any on-site or off-site improvements, such as, but not limited to, refuse container enclosures, streets, sidewalks, sewer, water, and electric utility installations, drainage and flood control facilities, monuments or other similar facilities or developments for which the City of Tucson may ultimately assume responsibility for maintenance and operation, or landscaping, screening, or other site improvements required by the Tucson Unified Development Code (UDC) or other appropriate City code. , 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. foundations, buildings 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. , paving vehicular use areas Vehicular Use Area Any area of a site or structure used for the movement, parking, or standing of motor vehicles. The vehicular use area includes access drives, maneuvering areas, refuse collection locations, loading spaces, and any landscaping and screening within ten feet of these areas. , or similar types of improvements Improvements Any on-site or off-site improvements, such as, but not limited to, refuse container enclosures, streets, sidewalks, sewer, water, and electric utility installations, drainage and flood control facilities, monuments or other similar facilities or developments for which the City of Tucson may ultimately assume responsibility for maintenance and operation, or landscaping, screening, or other site improvements required by the Tucson Unified Development Code (UDC) or other appropriate City code. related to the construction and implementation of the project 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. . Permits for: a) clearing, grubbing, and grading Grading Any excavating, filling, or combination thereof. of 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. ; b) construction of a section of sidewalk Sidewalk A constructed pedestrian circulation path meeting, at a minimum, the specifications for construction listed in this code or the Technical Manual. ; c) installation of screening; d) paving of an access driveway Driveway A private access connecting two or fewer residential units to a roadway. but not the parking associated with the use; or e) any similar type of work are not considered “construction or 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” for purposes of this section, unless specifically stated otherwise by this section or the process requiring the applicability of this section. a. 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. Approval Period and Expiration Except in the case of a Protected Development Right Protected Development Right As provided in A.R.S. §9-1201, a protected development right is the right to undertake and complete the development and use of property under the terms and conditions of a protected development right plan, without compliance with subsequent changes in zoning regulations and development standards, except as provided by A.R.S. §9-1204. Plan, Section 3.12.2, an 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. remains valid for a period of three years from the date of approval, subject to the following. (1) If, at the end of three years, 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 has not been obtained, a new 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. application must be submitted that complies with the regulations in effect at the time of the re-submittal. (2) If the project 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. is being developed in phases and permits have not been issued for all phases within the three-year period, developers of subsequent phases have one additional year to obtain permits. If, at the end of the four-year period, permits have not been issued, review and approval of a revised 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 the undeveloped portion(s), in compliance with all applicable requirements in effect at the time of re-submittal, are required prior to 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. (3) If construction permits are issued within the required time period, but the construction of the project 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. has not commenced and the permit and 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. approval periods expire, the approval of the 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 considered expired. Review and approval of a revised 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. , in compliance with all applicable requirements in effect at the time of re-submittal, are required prior to 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. (4) If construction permits are applied for but not issued within the time period required by this section, the time period is extended an additional three months to allow for completion of the review and for the issuance of permits. (5) If the approval period has expired, the re-submittal to obtain approval of a new 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. initiates a new review period in accordance with Section 3.3.3.B through F. 7. Issuance of Permits The following provisions apply to review and approval for the issuance of permits for site plans 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. 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. 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. on file with the PDSD is the basis for 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. If 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. plans differ from 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. on file with the PDSD, a revised 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. will be required prior to issuance of 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. permits. b. Minor Changes The PDSD Director Director The chief executive officer of a City department. may approve minor changes from the approved 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. or 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. without processing the plan through the entire review process. Determination as to whether the change is minor or major is made by the PDSD Director Director The chief executive officer of a City department. on a case-by-case basis. Changes in 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. design include, but are not limited to, minor changes to building height Building Height Same as Structure Height. Structure Height The vertical dimension of a structure measured from a specified point on the ground. For information on applying a height standards, refer to Section 6.4.4, Height. , density Density The number of residential units per acre. , land use Land Use A description of the existing or proposed occupancy or utilization of land that include the principal use and accessory uses. , parking, and traffic circulation. c. Major Changes Major changes from the approved 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. or 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. require review and approval by the PDSD Director Director The chief executive officer of a City department. and affected review agencies. If 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. or 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 required as a special requirement imposed by the Mayor and Council as a condition of rezoning or special exception approval, a major change requires approval by the Mayor and Council prior to review of the revised plan. d. Change From, or Expiration of, an 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. Building permit applications must be accompanied by a copy of an amended 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. bearing the approval of the PDSD Director Director The chief executive officer of a City department. for construction that is not consistent with 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. or for which the initial approval has expired. H. Zoning Compliance for Site Improvements Improvements Any on-site or off-site improvements, such as, but not limited to, refuse container enclosures, streets, sidewalks, sewer, water, and electric utility installations, drainage and flood control facilities, monuments or other similar facilities or developments for which the City of Tucson may ultimately assume responsibility for maintenance and operation, or landscaping, screening, or other site improvements required by the Tucson Unified Development Code (UDC) or other appropriate City code. in Existence on May 1, 2005 This section encourages the re-use of and re-investment in older, nonconforming uses Nonconforming Use An existing land use activity lawfully established and maintained which no longer complies with land use standards of the Unified Development Code (UDC) applicable to the zoning category in which the land use activity is located. and buildings 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. , and facilitates the issuance of a Certificate of Occupancy (C of O) or a Certificate of Zoning Compliance for a non-legally permitted use or 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. . The owner of property, at the time of a request for a certificate of occupancy or certificate of zoning compliance may concurrently request that 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. improvements Improvements Any on-site or off-site improvements, such as, but not limited to, refuse container enclosures, streets, sidewalks, sewer, water, and electric utility installations, drainage and flood control facilities, monuments or other similar facilities or developments for which the City of Tucson may ultimately assume responsibility for maintenance and operation, or landscaping, screening, or other site improvements required by the Tucson Unified Development Code (UDC) or other appropriate City code. , including outdoor activity areas, in existence as of May 1, 2005 (“existing 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. improvements Improvements Any on-site or off-site improvements, such as, but not limited to, refuse container enclosures, streets, sidewalks, sewer, water, and electric utility installations, drainage and flood control facilities, monuments or other similar facilities or developments for which the City of Tucson may ultimately assume responsibility for maintenance and operation, or landscaping, screening, or other site improvements required by the Tucson Unified Development Code (UDC) or other appropriate City code. ”) be granted zoning compliance subject to the following. 1. This section only applies to developed property with nonresidential zoning that is not subject to any of the Overlay 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. in Sections 5.2 (Hillside Development 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. ), 5.3 (Scenic Corridor 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. ), 5.6 (Airport Airport Any area of land designed and set for the landing and taking off of aircraft. Environs 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. ), 5.7 (Environmental Resource 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. ), 5.8 (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. ) 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. , 5.9 (Drachman School Overlay), 5.10 (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. ), 5.11 (Rio Nuevo District), or any change of zoning (rezoning), variance, or special exception approved subject to conditions, or the subject of an unabated 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. . 2. Existing 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. improvements Improvements Any on-site or off-site improvements, such as, but not limited to, refuse container enclosures, streets, sidewalks, sewer, water, and electric utility installations, drainage and flood control facilities, monuments or other similar facilities or developments for which the City of Tucson may ultimately assume responsibility for maintenance and operation, or landscaping, screening, or other site improvements required by the Tucson Unified Development Code (UDC) or other appropriate City code. are determined by referring to May 2005 aerial photography administered by the Pima Association of Governments (PAG) and available on the PAG and PDSD websites. 3. Existing 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. improvements Improvements Any on-site or off-site improvements, such as, but not limited to, refuse container enclosures, streets, sidewalks, sewer, water, and electric utility installations, drainage and flood control facilities, monuments or other similar facilities or developments for which the City of Tucson may ultimately assume responsibility for maintenance and operation, or landscaping, screening, or other site improvements required by the Tucson Unified Development Code (UDC) or other appropriate City code. are not subject to compliance with the following: a. Access, Section 7.8; b. Accessory Uses Accessory Use or Structure A use or a structure subordinate to the principal use or building on a lot and serving a purpose customarily incidental to the use of the principal building. An accessory use or structure must be established or built together with or after the establishment or construction of the principal use or building. , Buildings 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. , and 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. , Section 6.6; c. Dimensional standards as provided in Tables 6.3-1 through 7 in Article 6; d. Height, Section 6.4.4; e. Landscaping Landscaping An exterior improvement of a site in accordance with an approved landscape plan and approved landscape methods, materials, and maintenance. and Screening, Section 7.6; f. Lot Coverage Lot Coverage The area of a lot covered by buildings, storage areas, and vehicular use areas. For specific application standards, refer to Section 6.4.3. , Section 6.4.3; g. Motor Vehicle and Bicycle Bicycle Parking Facility A structure that provides for the short- or long-term placement of bicycles. Parking, Section 7.4; h. Native Plant Preservation, Section 7.7; i. Off-Street Off-Street To be within property boundaries and not within a right-of-way, such as a street or alley. Loading, Section 7.5; and, j. Perimeter Yards Perimeter Yard A setback area to separate buildings from adjacent property or streets. , Section 6.4.5. 4. Properties granted zoning compliance under the provisions of this section may be used for all principal permitted land uses Land Use A description of the existing or proposed occupancy or utilization of land that include the principal use and accessory uses. based on the zoning of 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. subject to the applicable general restrictions in each 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. , except for the following prohibited uses: a. Alcoholic Beverage Alcoholic Beverage Alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer and malt liquor, malt beverage, absinthe or compound or mixture of any of them, or of any of them with any other substance, alcohol bitters, bitters containing alcohol, and any liquid mixture of preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits, or beverages containing more than 0.5% of alcohol by volume. Service uses unless continuously licensed through the Arizona Department of Liquor Licenses and Control from May 1, 2005, to the present, Section 11.3.4.B; b. Billboard, Section 11.3.4.F; c. Correctional Use, Section 11.3.3.C; d. Family Family Any number of individuals customarily living together as a single household and using common cooking facilities. Dwelling, Section 11.3.7.A; e. Food Service uses unless continuously licensed through the Pima County Health Department from May 1, 2005, to the present, Section 11.3.4.N; f. Group Dwelling, Section 11.3.7.B; g. Mobile Home Dwelling, Section 11.3.7.C; h. Residential Care Services, Section 11.3.7.D; i. Restricted Adult Activities Use Group, Section 11.3.8; j. In the C-2 and C-3 Districts, Medical Marijuana Designated Caregiver Cultivation Location, Medical Marijuana Dispensary, Medical Marijuana Dispensary Off-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. Cultivation Location; and, k. In the I-1 and I-2 Districts, Medical Marijuana Designated Caregiver Cultivation Location, Medical Marijuana Dispensary Off-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. Cultivation Location. 5. Required drop-off areas must be provided. 6. Use of the property must be in compliance with all applicable use-specific standards in Section 4.9. 7. This section is applied to single or multiple 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. of land but may not be applied to partial 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. . 8. Changes to parking lot Parking Lot Same as Vehicular Use Area. Vehicular Use Area Any area of a site or structure used for the movement, parking, or standing of motor vehicles. The vehicular use area includes access drives, maneuvering areas, refuse collection locations, loading spaces, and any landscaping and screening within ten feet of these areas. striping, maintaining the same number of parking spaces, or increasing the number of parking spaces, are permitted in compliance with Section 7.4.6 (Motor Vehicle Use Area Design Criteria) so long as no existing elements such as loading 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. or dumpsters Dumpster A large container for receiving, collecting. Transporting and dumping waste materials. (See Solid Waste collection standards in the Technical Manual.) are deleted except as permitted under current standards. 9. The owner of the property shall: a. Submit a sworn affidavit that the use of the property will be in compliance with the section; or, b. Include the following in any lease/rental agreement for the property: “Tenant shall not cause or permit the Property to be used in any way which constitutes a 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. of any law, ordinance, or governmental Governmental Any agency or department of the federal, state, county, or City government. regulation. Notwithstanding any contrary provision of this lease agreement, any occupancy or use of the premises in 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. of this paragraph constitutes a material breach of this lease agreement entitling Lessor to invoke all remedies provided hereunder including termination.” 10. 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 to verify that the use of the property is in compliance with this Section may be conducted at the discretion of the PDSD Director Director The chief executive officer of a City department. . 11. Applications are reviewed in accordance with the PDSD Director Director The chief executive officer of a City department. approval procedure, Section 3.3.3. 12. Zoning compliance granted pursuant to this section shall be valid only so long as the property and 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. improvements Improvements Any on-site or off-site improvements, such as, but not limited to, refuse container enclosures, streets, sidewalks, sewer, water, and electric utility installations, drainage and flood control facilities, monuments or other similar facilities or developments for which the City of Tucson may ultimately assume responsibility for maintenance and operation, or landscaping, screening, or other site improvements required by the Tucson Unified Development Code (UDC) or other appropriate City code. thereon remain in the same condition as on the date the zoning compliance is granted. Any subsequent 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. or modification to the property or 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. improvements Improvements Any on-site or off-site improvements, such as, but not limited to, refuse container enclosures, streets, sidewalks, sewer, water, and electric utility installations, drainage and flood control facilities, monuments or other similar facilities or developments for which the City of Tucson may ultimately assume responsibility for maintenance and operation, or landscaping, screening, or other site improvements required by the Tucson Unified Development Code (UDC) or other appropriate City code. will render zoning compliance under this section void and of no effect. Any modification or improvement not shown on May 2005 aerial photography administered by the Pima Association of Governments (PAG) will be considered a subsequent 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. of the property. 13. Requests for zoning compliance pursuant to this section must be submitted to the PDSD, and all applicable fees must be paid, prior to the expiration date of the ordinance adopting this Section 3.3.4.G, as provided herein. (Ord. 11070, 5/14/2013; 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/0-0-0-841Fetched: 10/28/2026