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Case Details

Status:

COMPLIAN

Type:

RESIDENTIAL ZONING

Entered Date:

12/30/2010

Applicant:

HOLZWORTH AUGIE P & DALE JT/RS

Description:

OCCUPANTS POSSIBLY OPERATING AUTO REPAIR BUSINESS FROM PROPERTY, WORKING ON DIFFERENT VEHICLES

Case Violations

Case Number: T10DV09113
Case Status: COMPLIAN
Case Description: RESIDENTIAL ZONING
Total Violations: 4
Violation Date Code Statue
01/04/2011 T.C. Ch. 16, Sec. 16-13(b) ACCUMULATION OF REFUSE PROHIBITED. Each owner, lessee, tenant, resident or occupant shall maintain a property so it is free of accumulated refuse and debris. Accumulated refuse and debris means contained or uncontained refuse and debris that is present on the property in a manner not authorized by the Tucson Code. Material recycling facilities meeting the requirements of section 15-24.7 are exempt from this prohibition.
01/04/2011 T.C. Ch. 16, Sec. 16-15. JUNKED OR INOPERABLE VEHICLES. (a) Prohibited Storage: (1) No person owning or having custody of any junked or inoperable vehicle may store such vehicle on private property, or on any sidewalks, streets or alleys, within the city, except as otherwise permitted under this section; (2) No person owning, occupying or in control of any private property within the city may store any junked or inoperable vehicle on the owned or occupied property, or on any abutting sidewalks, streets or alleys, except as otherwise permitted under this section; (b) Permitted Storage: This section shall not apply to any junked or inoperable vehicle stored on private property if the vehicle: (1) Is on the premises of a business enterprise operated in a lawful place and manner and licensed by the City under chapter 19 of the Tucson Code, and the storage of the vehicle is necessary to the operation of the business enterprise; or; (2) Is lawfully enclosed within: a. An enclosed garage or other permanent building lawfully constructed of opaque materials without openings, holes or gaps other than doors and windows; b. A carport, and an opaque car cover designed for that purpose (and not including tarps, bed sheets, plastic sheeting, or similar materials) completely covers the body of the vehicle; or c. The rear yard or side yard and screened by any fence, wall or barrier, not less than five (5) feet in height, constructed of opaque materials which screens it from view from any adjacent properties and the public right-of-way, and is equipped with self-latching gates or doors. Such fence, wall or barrier must comply with section 16-12(e). (c) Persons Responsible: Whenever the city finds that any junked or inoperable vehicle is stored on private property or on any abutting sidewalks, streets or alleys in violation of this section, the persons responsible for the violation include the recorded owner, occupant or person in control of the private property, as well as the registered owner or custodian of the vehicle.
01/04/2011 UDC, Sec. 6.6.2 (H). ACCESSORY BUILDINGS AND STRUCTURES In all zones, the buildings used for accessory uses shall comply with the following: H. All structures for animals shall be set back at least 50 feet from all property lines, except corrals that shall be set back ten feet from all property lines.
01/04/2011 T.C. Ch. 16, SEC. 16-21. REGISTRATION OF RESIDENTIAL RENTAL PROPERTY. An owner of residential rental property shall maintain with the assessor in the county where the property is located information required by this section in a manner to be determined by the assessor. (c) Residential rental property shall not be occupied if the information required by this section is not on file with the county assessor. This subsection does not affect any lease existing on August 6, 1999. (e) A person who fails to comply with any provision of this subsection is responsible for a civil infraction and shall be assessed a civil penalty of one thousand dollars ($1,000.00), plus an additional one hundred dollars ($100.00) for each month after the date of the original violation until compliance occurs. The court shall not suspend any portion of the civil penalty provided by this subsection.

Outstanding Inspections

Case Number: T10DV09113
Case Status: COMPLIAN
Case Description: RESIDENTIAL ZONING
Total Outstanding Inspections - 1
End Date Description Inspector Results Comments
12/30/2010 LUC - ILLEGAL HOME OCCUPATION PNAVALLE Item initialized

Completed Inspections

Case Status: COMPLIAN
Case Number: T10DV09113
Case Description: RESIDENTIAL ZONING
Total Completed Inspections - 2
End Date Description Inspector Results Comments
12/03/2010 INSP - INITIAL CODE ENFORCMENT DJOHNSTO Approved Found multiple JMV's in the driveway area. Spoke with an individual on the property who told me the resident was working on cars for other people. I called the property owner and explained the violations, remedies, and reinspect fee. He indicated he understood and would take care of the problems. Property is allso an unregistered rental property. Send 30 day notice, schedule follow up inspection.
02/16/2011 INSP - FOLLOW UP CODE ENFORCE DJOHNSTO Approved Violations abated. Close case.

Outstanding Case Activity Conditions

Date Name Approved
01/04/2011 3.5.7.2 Home Occupation: General Application. (Definition, Sec. 6.2.8) Home occupations require approval through a Zoning Compliance Review, Sec. 23A-31, and are subject to the following. (Ord. No. 9967, ยง3, 7/1/04) A. A home occupation shall be clearly secondary to the residential use of the dwelling. CITY OF TUCSON LAND USE CODE Sec. 3.5.7.2 ARTICLE III. DEVELOPMENT REGULATIONS DIVISION 5. PERFORMANCE CRITERIA Sup. No. 42 273 B. A home occupation shall be conducted in such a manner that it is compatible with the residential character of the neighborhood in which it is located. C. No more than twenty-five (25) percent of all buildings on the lot may be devoted to the home occupation. A detached accessory building of not more than two hundred (200) square feet in area may be used for such home occupation. D. Persons other than those residing in the dwelling shall not be employed in the home occupation, except that one (1) nonresident of the premises may be employed in the IR, RH, SR, SH, O-2, O-3, NC, C-1, C-2, C-3, OCR-1, and OCR-2 zones. E. Goods related to the home occupation shall not be visible from the street. F. Goods shall not be sold on the premises. G. Outdoor storage of materials or equipment related to the home occupation activity is not permitted on the premises. H. Except for permitted signage, the home occupation use shall not substantially alter the exterior appearance or character of the residence in which it is conducted, either by exterior construction, lighting, graphics, or other means. I. No more than one (1) sign may be visible from the exterior of the property used as a home occupation. The sign shall not exceed one (1) square foot in size. Signs must also conform to Chapter 3 of the Tucson Code. J. A home occupation shall not create any nuisance, hazard, or other offensive condition, such as that resulting from noise, smoke, fumes, dust, odors, or other noxious emissions. Electrical or mechanical equipment that causes fluctuations in line voltage, creates any interference in either audio or video reception, or causes any perceivable vibration on adjacent properties is not permitted. K. No more than five (5) clients per day, and only one (1) client at a time, are allowed on site. L. Motor vehicle and bicycle parking is not required for home occupation - general application. The home occupation may involve the use of no more than one (1) commercial vehicle for the transportation of goods or materials to and from the premises. The commercial vehicle is limited to a passenger car, van, or pickup truck. This vehicle may not be more than twenty (20) feet in overall length and not more than seven (7) feet in overall height and must be parked on private property in a carport or garage or shielded from view from adjoining properties by landscaping, fencing, or screening material. Motor vehicle and bicycle parking necessitated by the conduct of such home occupation shall be provided on site. M. Automotive - Service and Repair, hair salon, and Medical Service uses are prohibited as home occupations. Not Approved

Completed Activity Special Conditions

Case Description - RESIDENTIAL ZONING
Case Number - T10DV09113
Case Status: COMPLIAN
Total Completed Case Activity Conditions: 5
Date Name
01/04/2011 CONTACTED BY PHONE
01/19/2011 CONTACTED BY MAILING
01/19/2011 NOTICE OF VIOLATION ISSUED
03/03/2011 VIOLATION CLOSED
01/04/2011 RESEARCH