Land Use Code
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Land Use Code

Article 3. DEVELOPMENT REGULATIONS

DIVISION 1. GENERAL PROVISIONS

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SECTIONS:

3.1.1 PURPOSE
3.1.2 GENERAL PROVISIONS
3.1.3 APPLICABILITY
3.1.4 IMPLEMENTATION
3.1.5 DEVELOPMENT STANDARDS

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3.1.1 PURPOSE. This Article establishes regulations relating to the physical character, intensity of development, and impact of proposed development on adjacent land uses and municipal services and specifies the nature and use of these regulations.

3.1.2 GENERAL PROVISIONS. Development Regulations are established in different forms, such as, but not limited to, development criteria, performance criteria, motor vehicle and bicycle parking requirements, off-street loading regulations, and landscaping and screening regulations. All these regulations function as a group in determining the amount of development that may occur on a given site. Each regulation expresses a maximum or a minimum limit which establishes parameters by which to design or evaluate the proposed development of property.

Since these regulations function as a group, it is not possible to determine the maximum development on a given site through the application of only one (1) individual regulation. Residential densities, for example, indicate a maximum number of units that would be permitted but not the bulk or size of a structure. The same relationship is present with nonresidential development in the application of Floor Area Ratios (FARs). FARs provide the maximum amount of floor area allowable on a site, provided it can be achieved within the volume of space established by the required perimeter yard setbacks, lot coverage maximum, and building height limitations. Other factors, such as motor vehicle parking and loading, also affect the amount of development that can occur.

3.1.3 APPLICABILITY. Development Regulations apply to all uses and structures within the city of Tucson. Such Development Regulations include, but are not limited to, development criteria, performance criteria, motor vehicle and bicycle parking requirements, off-street loading regulations, and landscaping and screening regulations. Where the regulations in Sec. 3.2.3.1 or Sec. 3.2.3.2 and the performance criteria result in differing requirements for the same criteria (e.g., lot coverage), the specific performance criteria shall apply. However, where two different types of regulations (e.g., street perimeter yards and street landscape borders) affect the same aspect of the development (e.g., building location), the more restrictive regulation applies as provided in Sec. 1.2.2. (Ord. No. 9138, §1, 10/5/98)

3.1.4 IMPLEMENTATION. Review and approval of applications for compliance with zoning and the Development Regulations is through the procedures established in the Development Compliance Code, Sec 23A of the Tucson Code. These procedures provide for general staff review, Administrative Design Review which involves review in conjunction with advisory boards and the Limited Notice and Full Notice Procedures which involve notification of other property owners. Appeals of decisions are allowed as provided in the Development Compliance Code, Sec 23A, to the Board of Adjustment or the Mayor and Council. (Ord. No. 9138, §1, 10/5/98; Ord. No. 9967, §3, 7/1/04)

3.1.5 DEVELOPMENT STANDARDS. Development Standards established under the authority of the City Manager, Sec. 5.1.3.5, are made part of the Land Use Code (LUC) and are applied to all land uses and structures. Requests to modify Development Standard requirements shall be considered in accordance with Sec. 1.2.10.3. (Ord. No. 9138, §1, 10/5/98; Ord. No. 9967, §3, 7/1/04)