VARIANCES
Tucson Unified Development Code § 5.2.10
in effect5.2.10. VARIANCES
A request for a variance from the 300-foot setback
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.
from a protected peak
Protected Peak
A peak identified by the Mayor and Council to be visually significant and important to the image and economy of the City. These peaks are shown on the Hillside Development Zone (HDZ) Maps.
or ridge
Protected Ridge
A ridge identified to be visually significant and important to the image and economy of the City. These ridges are shown on the Hillside Development Zone (HDZ) Maps.
as provided for in Section 5.2.6, Natural Areas, shall meet, in addition to the findings required for a variance, the following conditions. Consideration shall be in accordance with Sections 3.10.1 and 3.10.3, Board of Adjustment Variance Procedure.
A. The proposed development
Development
Any human alteration to the state of land, including its vegetation, soil, geology, or hydrology, for any residential, commercial, industrial, utility, or other use, such as, but not limited to, clearing, grubbing, or grading of land, and structural improvements, e.g., buildings, walls, fences, signs, and vehicular use areas.
is for a single-family
Family
Any number of individuals customarily living together as a single household and using common cooking facilities.
residence;
B. The only area to be graded within the protected peak
Protected Peak
A peak identified by the Mayor and Council to be visually significant and important to the image and economy of the City. These peaks are shown on the Hillside Development Zone (HDZ) Maps.
and ridge setback area
Protected Ridge Setback Area
The 300 foot distance, measured horizontally in all directions from the line of a protected ridge.
is for 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.
pad and access to 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.
;
C. The visible external portion 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.
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.
, except for doors, windows, and mechanical equipment, shall be constructed of materials that will blend with the predominant natural colors found on the 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.
or 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.
;
D. The highest portion of the 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.
is no higher than the elevation of the peak
Peak
A point of maximum elevation.
or ridge
Ridge
When used in relation to natural terrain, a relatively narrow elevation that is prominent on account of the steep angle at which it rises; an elongated crest or series of crests, with or without peaks, significantly higher than the adjoining ground.
;
E. No more than six feet of the external portion of the 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.
is exposed, except at points of ingress and egress
Ingress/Egress
The safe, unobstructed passage to and from the premises for use by vehicles, including refuse collection vehicles, fire vehicles, bicycles, and pedestrians.
;
F. All utilities
Utilities
Services such as gas, electric, water, telephone, and cable television.
on the 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.
or 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.
are located underground; and,
G. 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 designed so that glass surfaces do not reflect beyond the 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.
or 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.
boundaries. This can be accomplished by methods such as using nonreflective glass or providing overhangs or other window shading, structural elements, or landscaping
Landscaping
An exterior improvement of a site in accordance with an approved landscape plan and approved landscape methods, materials, and maintenance.
that, when mature, will screen
Screen
An opaque barrier designed and constructed to conceal areas used for storage, refuse, mechanical equipment, parking, or delivery service loading bays from street and public view or to buffer adjacent land uses.
windows.
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/0-0-0-3353Fetched: 10/28/2026
