Oro Valley City Zoning Code

CHAPTER 21

Review and Decision-Making Bodies

Section 21.1 Officers and Agencies

Sections 21.2 through 21.7 describe the responsibilities, powers and duties exercised by the principal officers and agencies involved in the planning, zoning, and subdivision of land within the Town of Oro Valley.

The specific procedures by which these responsibilities, powers, and duties are exercised are found in the applicable Chapters of this Code.

Section 21.2 Town Council

As the legislative body, the Town Council establishes planning and zoning policies and performs the planning and zoning actions of this section as authorized by A.R.S. Title 11.

Upon recommendation by the Planning and Zoning Commission, the Town Council adopts, repeals, or amends the General Plan, which establishes the goals of the Town of Oro Valley regarding future development of the Town.

The Town Council adopts, repeals, or amends other land use plans which describe in greater detail, and apply the intent of, the General Plan to smaller geographic sectors and planning areas.

By ordinance, the Town Council establishes, repeals, or amends the zoning regulations of this Code and provides for zoning district changes and amendments in accordance with Chapter 22, Review and Approval Procedures.

The Town Council adopts, repeals, or amends, by resolution, policies relating to land use issues and review procedures.

The Town Council adopts, repeals, or amends, by ordinance, regulations for the subdivision of land within the Town and for development plans which establish the features of a development (refer to Chapter 26, Subdivisions and Development Plans).

The Town Council hears and decides appeals and special permits to developmental or procedural requirements when authorized by this Code.

The Town Council establishes, by ordinance, rules and procedures for the enforcement of this Code by the Planning and Zoning Administrator.

The Town Council appoints the members of the following boards, commissions, and committees:

a. Planning and Zoning Commission

b. Board of Adjustment

c. Other committees, as necessary

Section 21.3 Planning and Zoning Commission

The Planning and Zoning Commission (PZC) primarily advises the Town Council on planning and zoning policies, land use, development plans, amendments and regulations as authorized by A.R.S. Title 9, Chapter 4. The Planning and Zoning Commission is the planning agency for the Town of Oro Valley, and has the powers necessary to enable it to fulfill its planning function, in accordance with A.R.S. 9-461.01(A) and B, as described in subsection B of this section.

((O)22-09 , 10/05/22; (O)21-08 , 06/16/21; (O)17-05 , 06/07/17)

The Planning and Zoning Commission performs the following duties:

The Planning and Zoning Commission may initiate and shall provide recommendations to the Town Council on the General Plan and amendments thereto which establishes the goals of Oro Valley regarding future development of the Town.

The Planning and Zoning Commission may initiate and shall provide recommendations to the Town Council on special land use plans or studies.

The Planning and Zoning Commission may initiate and shall provide recommendations to the Town Council on amendments to this Code in accordance with Section 22.3, Amendments and Rezonings.

The Planning and Zoning Commission provides recommendations to the Town Council on conditional use permits.

The Planning and Zoning Commission may initiate and shall provide recommendations to the Town Council on rezoning of property in accordance with Section 22.3.

The Planning and Zoning Commission makes decisions or provides recommendations to the Town Council regarding development review submittals and other applications as provided in Table 22-9C.

The Planning and Zoning Commission may initiate or, at the request of the Town Council, shall conduct special studies or perform other functions relating to planning and zoning matters.

((O)22-09 , 10/05/22; (O)21-08 , 06/16/21; (O)17-05 , 06/07/17; 6/11 supplement, 06/11)

1. The Planning and Zoning Commission shall conduct its business in accordance with the Arizona Revised Statutes, applicable Town regulations, and its rules and procedures as approved by the Town Council.

2. The Planning and Zoning Administrator shall be the Executive Secretary of the Planning and Zoning Commission.

3. The Planning and Zoning Commission Chair, or his/her designee, has the right to appear before the Town Council on items of interest to the Planning and Zoning Commission.

4. Recommendations and/or decisions of the Planning and Zoning Commission should be based exclusively on the merits of the application, validity of the testimony presented at hearings and conformance with the General Plan and Town Codes.

((O)22-09 , 10/05/22; (O)21-08 , 06/16/21; (O)17-05 , 06/07/17)

All Planning and Zoning Commission recommendations, final actions, and findings of decisions shall be transmitted to the Town Council regardless of vote.

((O)22-09 , 10/05/22; (O)21-08 , 06/16/21; (O)17-05 , 06/07/17)

Section 21.4 Planning and Zoning Department

The Planning and Zoning Department is the lead agency for the administration of this Code and serves as the professional staff of the Planning and Zoning Commission.

((O)21-08 , 06/16/21)

The Planning and Zoning Administrator, with the applicable staff, performs the following duties in accordance with the A.R.S.:

The Planning and Zoning Administrator supervises the various operations of the department.

The Planning and Zoning Administrator maintains the General Plan and the land use plans, policies, and regulations for their implementation. The Planning and Zoning Administrator provides annual or periodic progress reports about the implementation of the General Plan and elements of other related plans to the Planning and Zoning Commission and Town Council.

The Planning and Zoning Administrator provides recommendations to the Planning and Zoning Commission and Town Council on specific plans and administers adopted specific plans.

The Planning and Zoning Administrator provides recommendations to the Planning and Zoning Commission and Town Council on the rezoning of property and administers approved rezonings.

The Planning and Zoning Administrator reviews, coordinates, and administers the processing of subdivision plats and development plans in accordance with Chapter 26, Subdivision and Site Plans.

The Planning and Zoning Administrator provides administrative assistance to the planning and zoning boards, commissions, and committees appointed by the Town Council.

The Planning and Zoning Administrator reviews all permits for use or improvement of property prior to issuance by the Town in order to determine if the proposed activity will be in compliance with this Code.

a. The Planning and Zoning Administrator shall be responsible for interpretation of the zoning code. Interpretations may be considered if there is a question of clarity of any provision of the zoning code, or a determination of analogous use is required within the permitted uses of a specified zoning district.

b. An interpretation is a formal explanation of a provision of the zoning code issued in writing by the Planning and Zoning Administrator based on a request, as differentiated from an administrative decision pursuant to Section 22.12 which is the routine application of the zoning code.

c. Requests for interpretation shall be filed with the Planning and Zoning Administrator with the required fee. The Planning and Zoning Administrator may also initiate an interpretation. The Planning and Zoning Administrator shall issue a written interpretation within ten (10) days following receipt of the request.

d. Planning and Zoning Administrator interpretations may be appealed to the Board of Adjustment in accordance with Section 21.6.G.

e. Interpretations issued pursuant to this section shall be published on the Town’s website. Additionally, a record of interpretations shall be maintained and available for public review and inspection at the office of the Town Clerk.

The Planning and Zoning Administrator enforces the provisions of this Code and acts as the Planning and Zoning Administrator, in accordance with A.R.S. 9-462.05, by all means prescribed by law.

The Planning and Zoning Administrator acts as the Executive Secretary of the Planning and Zoning Commission. The Planning and Zoning Administrator is responsible for accurate and complete transmittal and recordation of Commission actions. When functioning as Executive Secretary of the Planning and Zoning Commission before the Town Council, the Planning and Zoning Administrator shall represent the Planning and Zoning Commission actions to the Town Council. The Planning and Zoning Administrator performs such other functions as may be necessary in the administration of the department or as provided by the Town Council and Town Manager.

1 Code reviser’s note: This subsection was amended at the Town’s request to remove references to the Conceptual Design Review Board.

Section 21.5 Conceptual Design Review Board

(Repealed by (O)17-05)

Section 21.6 Board of Adjustment

The Board of Adjustment shall hear and decide requests for variances and appeals of interpretations of this Code in accordance with A.R.S. Section 9-462.06.

((O)22-09 , 10/05/22)

The Board of Adjustment shall interpret this Code on appeal when:

a. There is a dispute between the appellant and the Planning and Zoning Administrator or other Town official as to a decision or interpretation as set forth in subsection F of this section; or

b. The location of a zoning district is in doubt.

The Board of Adjustment may allow variances from the provisions of this Code in accordance with Section 22.13.

((O)22-09 , 10/05/22)

All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Chairman, or, in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses in accordance with the laws of the State of Arizona.

((O)22-09 , 10/05/22)

The Board of Adjustment shall be composed of five (5) members appointed by the Town Council.

Appointments are for staggered terms of two (2) years each with no limit on the number of terms.

Vacancies shall be filled for the unexpired portion of that term within a reasonable time period as provided for by appointments of the Town Council.

The Town Council has the authority to remove, by majority vote, any member for neglect of duty, inefficiency, or misconduct in office.

((O)22-09 , 10/05/22)

1. The Board of Adjustment shall conduct its business in accordance with the Arizona Revised Statutes and applicable Town regulations and any rules and procedures as adopted by the Town Council.

2. The Town Clerk, or an appointed representative from the Town Clerk’s office, shall serve as the Executive Secretary of the Board of Adjustment and the minutes and records of all Board proceedings will be kept and filed as public record in the files of the Town Clerk.

((O)22-09 , 10/05/22)

Appeals may be taken to the Board of Adjustment by persons aggrieved or by any officer, department, board, or bureau of the municipality affected by a decision of an administrative official, within thirty (30) days, by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit all papers constituting the record upon which the action appealed from was taken. Said appeal shall be filed on a form provided by the Town Clerk.

1. An appeal shall stay all proceedings in the matter appealed from unless the officer from whom the appeal is taken certifies to the Board that, by reason of the fact stated in the certificate, the stay would, in the officer’s opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the officer from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties in interest and the public.

2. The concurring vote of a majority of the Board shall be necessary to reverse any order or decision of an administrative official, or to pass or to affect any variations from the terms and conditions of this ordinance.

((O)22-09 , 10/05/22)

Appeals may be taken to the Board of Adjustment by persons aggrieved by a Planning and Zoning Administrator interpretation within twenty (20) days from the date the interpretation is published on the Town’s website. The appeal shall be filed with the Town Clerk and the Board of Adjustment shall issue a decision within thirty (30) days following receipt of the appeal.

((O)22-09 , 10/05/22; (O)11-13 , 05/04/11)

1. Application for a variance of zoning regulations shall be made to the Board of Adjustment. Said application shall be filed with the Town Clerk upon forms provided by the Board of Adjustment.

((O)22-09 , 10/05/22; (O)11-13 , 05/04/11)

Upon receipt in proper form of any such application, the Board of Adjustment shall proceed to hold a public hearing upon said application not more than thirty (30) days, nor less than fifteen (15) days, after such filing, at which time all persons shall be given an opportunity to be heard. Such Board of Adjustment shall cause one notice of such hearing to be published in a newspaper of general circulation in the Town of Oro Valley and one notice to be posted on the subject property, giving at least fifteen (15) days’ notice of said hearing, and the time and place where said hearing will be held. Said notice, both as published and posted, shall also show the nature of the variance or exception requested and state that anyone wanting to protest may appear in person or by writing. All property owners within three hundred (300) feet must be notified.

((O)22-09 , 10/05/22; (O)11-13 , 05/04/11)

The Board shall prescribe, in connection with any variance, such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of this Code. Such conditions may include, among other things, a limitation of the time for which such variance shall be valid. Violation of any such condition shall be a violation of this ordinance and such violation shall render the variance null and void.

((O)22-09 , 10/05/22; (O)11-13 , 05/04/11)

Any person aggrieved by a decision of the Board after hearing on application made by any taxpayer or municipal officer may petition for a writ of certiorari to review the Board’s decision pursuant to A.R.S. Section 9-465 (1956) as amended.

((O)22-09 , 10/05/22; (O)11-13 , 05/04/11)

Section 21.7 Appeal Hearing Officer

The Appeal Hearing Officer shall hear and decide requests for appeals of Town required dedications or exactions in accordance with A.R.S. Sections 9-500.12 and 9-500.13.

The Appeal Hearing Officer shall hear and decide appeals of required exactions or dedications, once an administrative agency or official makes a final determination that grants an approval, subject to a required exaction or dedication. The Appeal Hearing Officer shall not hear appeals to a dedication or exaction required in a legislative act of the Town that does not give future discretion to an administrative agency or official to determine the nature or extent of the dedication or exaction. The property owner may request an appeal of the exaction or dedication to the Appeal Hearing Officer, as set forth in subsection F of this section.

All meetings of the Appeal Hearing Officer shall be held at the call of the Appeal Hearing Officer. All meetings of the Appeal Hearing Officer shall be open to the public. The Appeal Hearing Officer may administer oaths and compel the attendance of witnesses in accordance with the laws of the State of Arizona.

The Appeal Hearing Officer shall be an individual appointed by the Town Council.

Appointment is for a term of one (1) year each with no limit on the number of terms and shall serve at the pleasure of the Town Council.

Vacancies shall be filled for the unexpired portion of that term within a reasonable time period as provided for by appointments of the Town Council.

The Town Council has the authority to remove, by majority vote, an Appeal Hearing Officer for neglect of duty, inefficiency, or misconduct in office.

1. The Appeal Hearing Officer shall conduct his/her business in accordance with the Arizona Revised Statutes and applicable Town regulations and any rules and procedures as adopted by the Town Council.

2. The Town Clerk, or an appointed representative from the Town Clerk’s office, shall serve as the Executive Secretary for the Appeal Hearing Officer and the minutes and records of all proceedings will be kept and filed as public record in the files of the Town Clerk.

Appeals may be taken to the Appeal Hearing Officer by a property owner aggrieved by a decision of an administrative agency or official, within thirty (30) days, by filing a written appeal with the Appeal Officer. The official from whom the appeal is taken shall forthwith transmit all papers constituting the record upon which the action appealed from was taken. Said appeal shall be filed on an appeal form provided by the Town.

Completed appeal forms shall be filed with the Town Clerk.

Upon receipt in proper form of any such application, the Appeal Hearing Officer shall proceed to hold a public hearing upon said application not more than thirty (30) days from the receipt of the appeal. The property owner must be given notice of the hearing ten (10) days prior to the hearing.

The Appeal Hearing Officer shall cause one notice of such hearing to be published in a newspaper of general circulation in the Town of Oro Valley and one notice to be posted on the subject property, giving at least ten (10) days’ notice of said hearing, and the time and place where said hearing will be held. Said notice, both as published and posted, shall also show the nature of the appeal and state that anyone wanting to protest may appear in person or by writing.

In the appeal hearing, the Town has the burden of establishing that the applicable standards for requiring exactions and dedications have been met. These standards include the following:

1. That there is an essential relationship between the dedication or exaction and a legitimate governmental interest; and

2. That the proposed dedication or exaction is roughly proportional to the impact of the proposed use.

The Appeal Hearing Officer must decide the appeal within five (5) working days after the hearing, and must modify or delete the required exaction or dedication if the Town does not meet its burden or proof.

1. A property owner may appeal an adverse decision of the Appeal Hearing Officer to Superior Court within thirty (30) days of the decision. [A.R.S. 9-500.13(E) and 11-810(E)].

2. Appeal is by complaint for a trial de novo on the facts and law regarding the issues of the condition or requirements of the exaction or dedication. [A.R.S. 9-500.13(E) and 11-810(E)].

1. Consistent with the standard for preliminary injunctions, the court may exercise any legal or equitable interim remedies to permit the owner to proceed with the use or development of the property, but that would not render moot the proposed exaction.

2. The court may award damages to compensate for delay if it finds that the Town of Oro Valley acted in bad faith.

3. The court has the authority to award attorney fees for the appeal and trial to the prevailing party.

Section 21.8 Art Review Commission

(Repealed by (O)11-15)

Section 21.9 Historic Preservation Commission

In accordance with the General Plan: Archaeological and Historic Resources Element, the Historic Preservation Commission facilitates the conservation of cultural resources in the Oro Valley community.

((O)21-08 , 06/16/21; (O)11-01 , 02/16/11)

In addition to other powers and duties of the Historic Preservation Commission specified in Article 6-10 of the Oro Valley Town Code, the Historic Preservation Commission performs the following:

The Historic Preservation Commission reviews and recommends cultural resource conservation policies for inclusion in the General Plan.

The Historic Preservation Commission reviews and recommends zoning requirements, historic districts, and design guidelines pertaining to conservation of cultural resources.

The Historic Preservation Commission considers evidence and recommends action upon appeal or review of the Planning and Zoning Administrator’s determination of cultural resource significance and/or action specified within a formal treatment plan.

The Historic Preservation Commission shall maintain a list of known significant cultural resources for consideration in planning of current and future development.

((O)21-08 , 06/16/21; (O)11-01 , 02/16/11)

The Planning and Zoning Administrator shall apprise the Historic Preservation Commission of all determinations of significance, treatment plan approvals, and zoning enforcement actions that involve a cultural resource.