El Montevideo Neighborhood Association

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ADOPTED BY THE

MAYOR AND COUNCIL ON:

_____________________

ORDINANCE NO. _____________

RELATING TO PLANNING AND ZONING; AMENDING THE TUCSON CODE,

CHAPTER 23, LAND USE CODE, ARTICLE II, ZONES, DIVISION 8, OVERLAY

ZONES, BY ADDING A NEW SECTION 2.8.11, “N” NEIGHBORHOOD

PRESERVATION ZONE (NPZ), AMENDING THE DEFINITION OF

“CONTRIBUTING PROPERTY” IN SECTION 6.2.3. AND SETTING AN

EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF

TUCSON, ARIZONA, AS FOLLOWS:

SECTION 1. The Tucson Code, Chapter 23, Land Use Code, Article II, Division

8, is hereby amended by adding a new Section “2.8.11” to read as follows:

* * *

2.8.11.1. Purpose. Preserving and enhancing Tucson’s established neighborhoods

is critical to conserving the cultural and historic heritage of the city. The purposes of the

Neighborhood Preservation Zone (NPZ) are:

A. to provide a process for the establishment of NPZ districts to preserve,

protect and enhance the unique character and historical resources of

established city neighborhoods; and

B. to provide for the creation and establishment of a neighborhood-specific

design manual for each NPZ district, containing architectural and design

requirements and guidelines to ensure that new development is

compatible with the neighborhood character overall, as well as with the

character of the specific Development Zone of the proposed new

development.

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2.8.11.2. Definitions. The following definitions apply to this section

Compatibility/Compatible Development: Visual consistency of new development

by mirroring prevailing dimensions and spatial relationships of surrounding

residential development and the design characteristics of Contributing Properties

within the Development Zone. The term “compatible” does not mean “repetition

or copy of” or “identical to” existing structures within the neighborhood with

respect to the features and characteristics described in Sec. 2.8.11.8.C.

Compatibility is achieved when a new development is designed in a manner that

blends in with character of the structures in the Development Zone.

Contributing Property: For the purposes of this section, a building, object, site, or

structure that is listed as a contributing property for a designated National

Register Historic District or in an Eligibility Assessment document for the district.

Under the National Register definition, a contributing property contributes to the

historic significance and visual character of a district, and has sufficient integrity

to convey that significance and those visual character defining features in terms

of location, design, setting, material, workmanship, character, or association.

Design Review Professional: A registered architect with historic preservation

experience employed by or under contract with the City.

Development Zone: The definition of “Development Zone” is as specified in

Section 6.2.4 of the LUC.

Neighborhood Character: The combination of various defining characteristics of

scale and proportion, architectural style and detail, open spaces, spatial

relationships, and landscaping of Contributing Properties and existing

development within a Development Zone that creates and conveys the historic

significance and visual character of a neighborhood.

2.8.11.3. Applicability.

A. NPZ Classification

1. A rezoning to the NPZ is permitted for established city

neighborhoods that are listed on the National Register of Historic

Districts, or are eligible to be so listed, and have completed a

National Historic District Nomination or Eligibility Assessment

application.

2. The NPZ is an overlay zone superimposed over the development

regulations of the underlying zoning. The land uses permitted

within the NPZ zone are those permitted by the underlying zoning.

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B. Application of NPZ Requirements.

1. The design requirements and guidelines adopted for an NPZ district

apply only to property that is zoned RX-1, RX-2, R-1, R-2 or R-3;

2. Upon the establishment of an NPZ district, the requirements of this

Section 2.8.11 apply to all applicable new construction that

a. requires building, zoning, architectural, site planning, or

historical approval, or any combination thereof; and

b. is visible from a street that is not classified as an alley,

except that new construction that is not visible from a street

must provide privacy mitigation for existing adjacent

residential development.

3. The adopted NPZ compatibility criteria do not apply to:

a. interior renovations or construction within the interior of a

building.

b. building maintenance, repairs, or painting or minor building

alterations, such as window or door alterations or

replacements, or minor additions to an existing residence

that do not significantly affect the external appearance of the

structure as seen from the street.

c. exterior construction that is not visible from the street, if

adequate privacy mitigation measures for adjacent

residential development are provided, as determined by the

Planning Director.

C. Where there is a conflict between the requirements of the applicable

Historic Preservation Zone (HPZ) and the requirements of the NPZ, the

requirements of the HPZ prevail.

2.8.11.4. Establishment or Dissolution of, or Amendment to a Neighborhood

Preservation Zone.

A. An NPZ district is initiated by the Mayor and Council, at their sole

discretion..

B. An NPZ district is established, amended or dissolved by the Mayor and

Council by ordinance through a Zoning Examiner Legislative Procedure,

Sec. 5.4.1 and Sec. 5.4.3.

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2.8.11.5. Districts Established.

A. NPZ districts are established upon adoption of a rezoning ordinance for a

neighborhood.

B. Adopted NPZ districts shall be listed in Development Standard 2-16.0

using the following format: “NPZ-1” – NAME OF DISTRICT – Adopted on

XXX, by Ordinance No. XXX.

C. The list shall be administratively updated, upon adoption of additional NPZ

districts through the appropriate procedure.

2.8.11.6. Zoning Maps. To identify each of the NPZ districts on the City of Tucson

Zoning Maps, the preface "N" is added to the assigned residential zoning

designation, i.e., R-1 becomes NR-1.

2.8.11.7. NPZ Design Manual. The Neighborhood Design Manual shall be created

upon establishment of the NPZ District. The Neighborhood Design

Manual shall be a condition of the NPZ district. The Neighborhood Design

Manual shall identify the defining characteristics of the NPZ district as

described in Section 2.8.11.7.A.1. The Department of Urban Planning and

Design is the lead city agency for the preparation of an NPZ Design

Manual.

A. The NPZ Design Manual shall, at a minimum contain the following:

1. NPZ District Defining Characteristics. The NPZ Design Manual shall

identify contributing properties in the NPZ District and specify,

through illustrations and narrative, the defining characteristics of the

NPZ district. Defining characteristics of existing development within

the NPZ District may include those referenced in Section 2.8.11.8.C.

The NPZ Design Manual may include excerpts or references to those

portions of the National Register nomination or eligibility document

that summarize the defining characteristics of the district.

2. Privacy Mitigation Measures. The NPZ Design Manual shall

recommend specific privacy mitigation measures to be considered in

a Compatibility Review pursuant to Section 2.8.11.9 (Privacy

Mitigation).

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1. Dimensional Requirements. An NPZ Design Manual may contain

dimensional and spatial requirements.

a. Dimensional requirements may differ from the Development

Criteria of Article III of the LUC;

b. The Mayor and Council may adopt dimensional requirements

as mandatory;

c. Mandatory dimensional requirements may be more restrictive

than those of the underlying zone or less restrictive if the less

restrictive requirement does not create a nuisance or intrude on

the privacy of adjoining or surrounding properties;

d. A less restrictive dimensional requirement shall either create a

more historically compatible setting, accommodate energy

efficiency or, ensure enhanced resource conservation greater

than current regulations. The Director of the Department of

Urban Planning and Design shall make a finding that the

proposed requirement complies with this section;

e. Dimensional requirements not covered by Sections

2.8.11.7.B.1.b, c, or d above are advisory.

2.8.11.8. Compatibility with Neighborhood Character.

A. Upon establishment of an NPZ District, all new construction within an NPZ

district to which this Sec. 2.8.11 applies shall comply with the

Neighborhood Design Manual.

B. If the Development Zone for the proposed new construction does not

contain Contributing Properties, then, for purposes of identifying the

Contributing Properties that apply to a development proposal, the

Development Zone shall be expanded in every direction until the

Development Zone includes at least one Contributing Property.

C. Compatibility Review Criteria. The following elements shall be reviewed

by the Design Professional to determine the compatibility of proposed

development with the Contributing Properties and the Neighborhood

Character of the Development Zone.

1. Scale and proportion, including

a. height;

b. bulk and massing; and

b. number of stories.

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2. Architectural style and detail, including

a. roof types;

b. projections and recessions, such as porches, awnings,

overhangs, steps, entrances;

c. window sizes and spacing;

d. materials; and

e. surface texture and colors.

3. Spatial relationships and site utilization including

a. spacing between adjacent buildings;

b. front and rear side setbacks;

c. open spaces;

d. attachments such as carports and garages; and

e. outbuildings.

4. Landscaping

a. Landscaping will only be reviewed for compatibility when a

project proposes a comprehensive change to the

streetscape such as the construction of a new residential

unit.

5. Privacy Mitigation

A. Privacy mitigation is required when the following types of

construction are proposed adjacent to existing single story

residences:

1. Construction of a multistory residence;

2. Addition of a story to an existing residence; or

3. Additions to existing second or higher stories

B. Construction subject to Section 2.8.11.8.C.5.A shall include

screening or siting elements as needed that may include

vegetative screening, walls, siting of buildings or windows, and

eliminating balconies or similar features to reduce views

towards the existing dwellings.

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2.8.11.10. Development Review Procedures.

A. In addition to the Administrative Review Procedure, Sec. 23A-31, Zoning

Compliance Review, all new development within an NPZ district to which

this section applies shall be reviewed by a Design Professional for

compliance with the requirements of the NPZ Neighborhood Design

Manual, the requirements of this Section 2.8.11, and in conformance with

Development Standard No. 2-__________.

B. The Design Professional shall submit a report with findings and

recommendation to the Planning Director within ten (10) working days of

acceptance of application. The Planning Director shall render a decision

of approval or denial of the proposed development within five (5) working

days.

C. Approval of a development application may be subject to special

conditions to provide for compliance with the Compatibility Criteria and the

privacy mitigation requirement.

D. A Design Professional working under contract with the City shall be

subject to the following conditions:

1. The Design Professional shall not render professional services if the

design professional’s judgement could be affected by responsibilities to

another project or person or by the design professional’s own interests,

unless all those who rely on the design professional’s judgement

consent after full disclosure; and,

2. The Design Professional shall comply with conflict of interest statutes

for public employees in A.R.S. Chapter 3, Article 8.

2.8.11.11. Appeals of a decision of the Planning Director regarding compliance with

the Compatibility Criteria for an NPZ district shall be made to the Design

Review Board. Appeals of a decision of the Design Review Board shall be

made to the Board of Adjustment.

* * *

SECTION 2. The Tucson Code, Chapter 23, Land Use Code, Article VI, Division 2, is

hereby amended by amending the definition of “Contributing Property” in Section 6.2.3

to read as follows:

* * *

Contributing Property. A building, object, site, or structure which is a resource in a

historic district that contributes to the district's historic significance through location,

design, setting, material, workmanship, character, or association. A property within a

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Historic Preservation Zone (HPZ) district that contributes to the historic significance and

visual character of a district, and has sufficient integrity to convey that significance and

those visual character defining features in terms of location, design, setting, material,

workmanship, character, or association. Contributing Properties are historic sites or

nonhistoric compatible properties.

* * *

SECTION 3. The Tucson Code, Chapter 23, Land Use Code, Article VI, Division 2, is

hereby amended by amending the definition of “Development Zone” in Section 6.2.4 to

read as follows:

* * *

Development Zone. As used in Sec. 2.8.8, Historic Preservation Zone (HPZ) Section

2.8.11.2 Neighborhood Preservation Zone (NPZ), and Sec. 2.8.10, Rio Nuevo and

Downtown (RND) Zone, a certain designated area adjacent to the lot to be developed.

Public and institutional structures within the development zone shall not be considered

part of the development zone when evaluating proposed development on an adjacent

property, except for public and institutional structures on or eligible for inclusion on the

National Register of Historic Places. The development zone is determined as follows.

A. Where the subject lot is an interior lot, the development zone includes that lot, all lots

on either side of that lot and fronting on the same street in the same block, and all those

lots on the opposite side of that street, except such portions of the development zone

which fall outside the boundary of the historic district or the Rio Nuevo and Downtown

(RND) Zone.

B. Where the subject lot is a corner lot, the development zone includes that lot, the

corner lot diagonally opposite that lot, all lots fronting on the same two (2) streets in the

same block, and all lots on the opposite sides of those streets, except such portions of

the development zone which fall outside the boundary of the historic district or the Rio

Nuevo and Downtown (RND) Zone.

C. Where the subject lot is located adjacent to a historic zone boundary, the

development zone includes that lot, all lots located within the same block, and those lots

facing the same street as the subject lot within one block in either direction, except such

portions of the zone which fall outside the boundary of the historic district or the Rio

Nuevo and Downtown (RND) Zone.

* * *

SECTION 4. Amendments to Development Standard 1-07.3.0 and new

Development Standard 2-16 attached hereto are approved.

SECTION 5. The various City officers, and employees are authorized and

directed to perform all acts necessary or desirable to give effect to this Ordinance.

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SECTION 6. If any provision of this Ordinance, or the application to any person

or circumstance is invalid, the invalidity shall not affect other provision or applications of

this Ordinance that can be given effect without the invalid provision or application, and

to this end, the provisions of this Ordinance are severable.

SECTION 7. This Ordinance becomes effective thirty (30) days after the date the

Ordinance is adopted by the Mayor and Council and is available from the City

Clerk.

PASSED, ADOPTED, AND APPROVED by the Mayor and Council of the

City of Tucson, Arizona, _________________.

________________________

MAYOR

ATTEST:

__________________________

CITY CLERK

APPROVED AS TO FORM: REVIEWED BY:

__________________________ ________________________

CITY ATTORNEY CITY MANAGER