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Permit Review Detail
Review Status: Requires Resubmit
Review Details: COMMERCIAL REVIEW - FULL v.3
Permit Number - TC-COM-0425-00839
Review Name: COMMERCIAL REVIEW - FULL v.3
Review Status: Requires Resubmit
| Review Date | Reviewer's Name | Type of Review | Description | Status | Comments |
|---|---|---|---|---|---|
| 08/20/2025 | Commercial Mechanical Standard | APPROVED | |||
| 08/20/2025 | Commercial Plumbing Standard | APPROVED | |||
| 08/25/2025 | Bldg Permits - Post Review Express | PENDING ASSIGNMENT | |||
| 08/25/2025 | Site Zoning Standard | REQUIRES RESUBMIT | PDSD TRANSMITTAL FROM: Fernando Garcia Planning & Development Services Department – Zoning Review Section PROJECT: TC-COM-0425-00839 – Commercial Building/Tenant Improvement 7034 E Broadway Bl, Tucson, AZ 85710 Plan Review (2nd Review) TRANSMITTAL DATE: August 25, 2025 This site is zoned C-2 (UDC Section 4.7.21). “Restricted Adult Activities – Adult Retail Trade” is a permitted use in the C-2 zone subject to use-specific standards 4.9.8 and 4.9.13.P. “Retail Trade – General Merchandise Sales” is also a permitted use in the C-2 zone subject to 4.9.9.B.1. 1. This comment (provided again, below) was not address. No zoning code analysis or zoning code use was provided. As stated below, based upon the provided retail floor plan (which shows more than 15% of gross floor area dedicated to the sale of adult materials), this use is determined to be “Restricted Adult Activities – Adult Retail Trade” and does not meet the required setback from an adjacent residential zone as indicated in use-specific standards 4.9.8 and 4.9.13.P. Inquire with Mark Castro, Principal Planner with the Zoning Administration Section to discuss the feasibility, or not, of a Board of Adjustment variance (mark.castro@tucsonaz.gov). No zoning code analysis is provided on the submitted plans. Please provide a zoning code analysis that includes the zoning classification (C-2) and a specific use (with appropriate use-specific standards) from the Unified Development Code. From the submitted plans, and prior conversations with the applicant, the use appears to be one of the following: a. “Restricted Adult Activities – Adult Retail Trade, subject to use-specific standards 4.9.8 and 4.9.13.P Per UDC 11.3.8.D, “Adult Retail Trade” is defined as “All Land Use Classes within the Retail Trade Use Group that depict, describe, or relate to “specified sexual activities” or are characterized by emphasis on depiction, description, or relation to “specified anatomical areas,” defined in Section 11.4...” Per UDC 11.4.20, “Specified Sexual Activities” include the following: • Human genitals in a state of sexual stimulation or arousal; • Acts of human masturbation, sexual intercourse, or sodomy; or, • Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts. Per UDC 11.4.20, “Specified Anatomical Areas” is defined as “Either the less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breasts below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.” In this case, the proposed plan does not meet use-specific standard 4.9.8.A.2, since a residential zone boundary line is located within 1,000 feet to the south of the suite, and as such, would not be permitted at this location. b. “Retail Trade – General Merchandise Sales, subject to use-specific standard 4.9.9.B.1. This use would require the applicant to demonstrate that any gross floor area dedicated to the sales or display of adult retail merchandise is less than 15% of gross floor area. To determine this, the applicant would at minimum need to provide a dimensioned floor plan specifically labeling and quantifying -- by square footage -- what gross floor area is dedicated to adult retail and all other uses. For clarity, please refer to the UDC’s definitions of “Adult Retail Trade,” “Specified Sexual Activities,” and “Specified Anatomical Areas” referenced in Comment 1.a. above to determine what merchandise and activities may be classified as “Adult Retail Trade”. If compliance cannot be determined, then the use will be considered “Adult Retail Trade” and not permitted. 2. Further comments may be forthcoming upon resubmission of revised plans. RESUBMITTAL OF THE FOLLOWING IS REQUIRED: Resubmission of the plans with zoning code analysis and detailed floor plan as described above. If you have any questions about this transmittal, please contact Fernando L. Garcia at fernando.garcia2@tucsonaz.gov. |
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| 07/30/2025 | PDSD Application Completeness Express | REVIEW COMPLETED |