Oro Valley City Zoning Code

CHAPTER 22

Review and Approval Procedures

Section 22.1 General Provisions

Applications required under this chapter shall be submitted in a form and in such numbers as required by the official responsible for accepting the application. Applications shall be accompanied by the fee that has been established by the Town Council. Fees are not required with applications submitted by the Town Council, Planning and Zoning Commission, or Town agencies. Application fees are nonrefundable, unless otherwise expressly stated.

((O)24-11 , 12/04/24)

1. The Planning and Zoning Administrator shall publish process guides listing all submittal requirements for all applications. An application will only be processed for review when all submittal requirements, studies and exhibits specified by the Planning and Zoning Administrator are provided.

2. A confirmation that all required submittals have been provided shall be made by the Planning and Zoning Administrator within ten (10) days of application filing. If an application is determined to not have provided all required submittals, the Planning and Zoning Administrator shall provide written notice to the applicant along with an explanation of the application’s deficiencies.

3. No further processing of the application shall occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within thirty (30) days, the application shall be considered withdrawn and the incomplete application shall be returned to the applicant.

((O)24-11 , 12/04/24)

1. All applications required under this chapter shall be determined to be administratively complete prior to being considered by the Planning and Zoning Commission, Board of Adjustment or Town Council.

2. Residential rezoning applications shall also be subject to the requirements of Section 22.3.G.

3. If an application is determined to not be administratively complete, the Planning and Zoning Administrator shall provide written notice to the applicant along with an explanation of the application’s deficiencies.

4. No further processing of the application shall occur until the deficiencies are corrected.

((O)24-11 , 12/04/24)

1. All applications will expire and be deemed withdrawn if more than twelve (12) months of inactivity pass without substantive progress.

2. Prior to the date of expiration, the applicant may file a request for extension. The Planning and Zoning Administrator may authorize a one (1) time, six (6) month extension if there has been substantive progress.

3. If deemed withdrawn, no further processing shall occur unless a full resubmittal of case materials and fees are provided.

((O)24-11 , 12/04/24)

Section 22.2 General Plan Amendment Procedures

A General Plan amendment is any change that occurs between General Plan updates. Amendments may involve a change to the Land Use Map for specific properties or a change to the text. Requests for amendments, if approved, can effect change to any section of the document including, but not limited to, the various elements, goals, policies, or actions.

Any zoning changes in land use must conform, in all respects, with the Town’s adopted General Plan and Land Use Map. See Section 22.3 for further information on rezoning compliance with the General Plan.

Every year, applications are typically made to the Town of Oro Valley for amendments to the General Plan. These amendments are designated as either Type 1 amendments or Type 2 amendments. Both amendment types have unique criteria and process as defined herein. Text and land use map changes will be classified as follows:

Type 1 amendments involve significant changes to the Town’s General Plan.

Type 1 amendments are defined as major General Plan amendments in State law and involve a substantial alteration of the Town’s land use mixture or balance. A Type 1 amendment shall be required for any of the following substantial alterations to the General Plan:

a. Any change to the Land Use Plan that affects forty (40) acres or more and is classified as a Type 1 amendment on the General Plan Amendment Matrix (Table 22-1).

b. Increasing the amount of High Density Residential, regardless of acreage.

c. Increasing the amount of Master Planned Community, regardless of acreage.

d. Decreasing Neighborhood Commercial Office, Community/Regional Commercial or Commerce Office Park land use designations, regardless of acreage.

e. Decreasing the amount of open space regardless of acreage.

f. Planning area boundary changes.

g. Amendments for properties outside the General Plan Urban Services Boundary (USB).

h. Any text changes to an element, goal, policy, or action that alters the intent or purpose of any element, goal, policy, or action of the General Plan.

Type 2 amendments involve changes with less impact to the General Plan and do not represent a substantial alteration of the Town’s land use mixture or balance. Type 2 amendments are not intended to be major General Plan amendments as provided by State law. A Type 2 amendment shall be required for any of the following changes to the General Plan:

a. Any amendment not meeting the criteria for a Type 1 amendment.

b. Amendments to the Urban Services Boundary.

c. Open space trades resulting in no net loss of open space and that meet the Town’s environmental objectives.

d. Any text changes to an element, goal, policy or action that do not alter the intent or purpose of any element, goal, policy, or action of the General Plan.

The Planning and Zoning Administrator may reclassify a Type 2 amendment to a Type 1 amendment based on the following findings:

a. High visibility of the property by a significant portion of the community, beyond visibility by adjacent property owners. Areas of high visibility include, but are not limited to, locations along major thoroughfares, at major gateways into the community such as Town limits and properties that are highly visible due to elevation.

b. The physical characteristics of a site such as environmental constraints, access or topography will likely result in significant environmental or grading impacts to the property.

c. The proposed density or type of development would create a significant and abrupt transition in land use in comparison with the adjacent area and development context. The change may impact the surrounding development character or signal an overall change to the future of the area.

The following shall not require a formal amendment to the General Plan and may be reviewed administratively:

a. All scrivener’s errors will be subject to administrative approval. Scrivener’s errors are unintentional clerical mistakes made during the drafting, publishing, and copying process.

b. Public schools are not subject to the amendment process.

c. The Planning and Zoning Administrator shall have the authority to administer and interpret the provisions of the General Plan. Requests for interpretations may be filed by an applicant or an aggrieved party owning property within the required notification area for General Plan amendments. Information on interpretations shall be identified in all related staff reports for the Planning and Zoning Commission and Town Council.

	Proposed Designation (Change to)
Existing	R-LDR	LDR1	LDR2	MDR	HDR	MPC	RGC	NCO	CRC	COP	PSP & SCH*	PARK	OS
R-LDR	none	2	1	1	1	1	1	1	1	1	1	2	2
LDR1	2	none	2	1	1	1	1	1	1	1	1	2	2
LDR2	2	2	none	2	1	1	1	1	1	1	1	2	2
MDR	2	2	2	none	1	1	1	1	1	1	1	2	2
HDR	2	2	2	2	none	1	1	1	1	1	2	2	2
MPC	1	1	1	1	1	none	1	1	1	1	2	2	2
RGC	1	1	1	1	1	1	none	2	1	2	2	2	2
NCO	1	1	1	1	1	1	2	none	1	2	2	2	2
CRC	1	1	1	1	1	1	2	2	none	2	1	2	2
COP	1	1	1	1	1	1	2	2	2	none	1	2	2
PSP & SCH*	2	2	2	2	1	1	2	2	2	2	none	2	2
PARK	1	1	1	1	1	1	1	1	1	1	1	none	2
OS	1	1	1	1	1	1	1	1	1	1	1	1	none
*Public schools are not subject to the amendment process.
Type 1 Amendment			1
Type 2 Amendment			2
None			none

DESIGNATION KEY
R-LDR	Rural Low Density Residential (0 – 0.3 homes per acre)
LDR1	Low Density Residential 1 (0.4 – 1.2 homes per acre)
LDR2	Low Density Residential 2 (1.3 – 2.0 homes per acre)
MDR	Medium Density Residential (2.1 – 5.0 homes per acre)
HDR	High Density Residential (5.1+ homes per acre)
MPC	Master Planned Community
RGC	Resort and Golf Course
NCO	Neighborhood Commercial and Office
CRC	Community/Regional Commercial
COP	Commerce/Office Park
PSP	Public/Semi Public
SCH	Schools
PARK	Parks
OS	Open Space

For a complete definition of the land use designations, please refer to the General Plan.

All Type 1 and Type 2 amendments to the General Plan shall follow the procedures outlined below:

a. Amendments to the Land Use Map may only be initiated by the Town or by the landowner.

b. Text amendments including, but not limited to, the General Plan elements, goals, policies, and actions may be requested by any individual, whether a land holder in the Town or not, or by a Town official or Town resident.

At least sixty (60) days before the General Plan or an element or Type 1 amendment of a General Plan is noticed, the Planning Division shall:

a. Transmit the amendment to the Mayor, the Town Council and the Planning and Zoning Commission.

b. Submit a copy for review and further comment to:

i. Pima County Association of Governments.

ii. Pima County, the Town of Marana, the City of Tucson and Pinal County.

iii. The Arizona Commerce Authority.

iv. The Arizona Department of Water Resources for review and comment on the Water Resources Element.

v. Any person or entity that requests in writing to receive a review copy of the amendment.

i. Submittal requirements are established by the Planning and Zoning Administrator. Additional studies or other materials may be required when warranted as determined by the Planning and Zoning Administrator.

ii. Type 1 General Plan amendment applications for property which has not been mapped for environmentally sensitive lands conservation categories shall include mapping for primary conservation categories (major wildlife linkage, critical resource area and core resource area) in accordance with Section 27.10.B.1.b.iv with the initial submittal of the amendment application.

iii. Neighborhood meetings shall be conducted in accordance with Section 22.15.

iv. All applications must be reviewed concurrently at a minimum of two (2) public hearings by the Planning and Zoning Commission in different locations.

v. All Type 1 amendments are to be presented to the Council at a public hearing within twelve (12) months of when the proposal is made.

Public notification shall be given at least fifteen (15) and no more than thirty (30) calendar days prior to the scheduled hearing date and will include at a minimum:

a) Notice of the proposed amendment will be advertised a minimum of three (3) times in two (2) widely distributed newspapers.

b) All property owners within one thousand (1,000) feet of the subject property will be directly notified of the amendment when the amendment involves a change in land use. The Planning and Zoning Administrator may expand the notification area in accordance with Section 22.15.B.2.b.

c) All homeowners’ associations registered in Oro Valley will be notified of the amendment.

d) Signs noticing the proposed amendment will be posted on or near the property on a sign or signs a minimum of three (3) feet by four (4) feet in size, with a header of letters no less than five (5) inches in height.

vii. Adoption of a Type 1 amendment requires a two-thirds (2/3) vote of the Town Council.

ii. Amendments may be submitted any time of the year.

iii. Type 2 General Plan amendment applications for property which has not been mapped for environmentally sensitive lands conservation categories shall include mapping for primary conservation categories (major wildlife linkage, critical resource area and core resource area) in accordance with Section 27.10.B.1.b.iv with the initial submittal of the amendment application.

iv. Neighborhood meetings shall be conducted in accordance with Section 22.15.

Public notification shall be given at least fifteen (15) and no more than thirty (30) calendar days prior to the scheduled hearing date and will include at a minimum:

a) Notice of the proposed amendment will be advertised a minimum of two (2) times in a widely distributed newspaper.

b) All property owners within six hundred (600) feet of the subject property will be directly notified of the amendment when the amendment involves a change in land use. The Planning and Zoning Administrator may expand the notification area in accordance with Section 22.15.B.2.b.

c) Signs noticing the proposed amendment will be posted on or near the property on a sign or signs a minimum of three (3) feet by four (4) feet in size, with a header of letters no less than five (5) inches in height.

vi. Adoption of a Type 2 amendment requires a majority vote of the Town Council.

Information regarding the primary conservation categories (major wildlife linkage, critical resource area and core resource area) shall be considered as part of Type 1 and Type 2 General Plan amendment applications. The reasonableness of proposed land use intensity shall be determined by Town Council upon consideration of the environmental resources present on the property.

General Plan amendment evaluation criteria provide a tool for the Town to judge the merits of a specific amendment request. The criteria identify broad themes from the General Plan that an amendment should address, as well as specific development-related issues that will be evaluated by the Town in relation to the amendment request. The intent of this criteria is to gather information that forms the basis for Town decision-making on amendment requests. The criteria are purposely written using broad language to enable review of applications based on the full breadth of General Plan topics. The ultimate decision regarding compliance with the criteria will be made by Town Council. Mitigation as needed may be incorporated as special area policies by Town Council, or addressed in subsequent zoning development processes.

a. The review and analysis shall include the following criteria:

i. On balance, the request is consistent with the vision, guiding principles, goals, and policies of the General Plan as demonstrated by the following criteria. The request shall not:

a) Significantly alter existing development character and land use patterns without adequate and appropriate buffers and graduated transitions in density and land use.

b) Impact existing uses with increased infrastructure without appropriate improvements to accommodate planned growth.

c) Impact other public services including police, fire, parks, water and drainage unless careful analysis and explanation of anticipated impacts are provided to the Town for review.

d) Impact the natural beauty and environmental resources without suitable mitigation.

ii. The applicant has implemented effective public outreach efforts to identify neighborhood concerns and has responded by incorporating measures to avoid or minimize development impacts to the extent reasonably possible, as well as to mitigate unavoidable adverse impacts.

iii. All nonresidential amendment requests will contribute positively to the long-term economic stability of the Town as demonstrated by consistency with goals and policies related to economic development and financial stability.

b. The applicant may develop special area policies, which typically address concerns such as setbacks, building heights, screening and traffic management, with the understanding that they may be refined during the rezoning process to address public safety concerns and new information.

c. It shall be the responsibility of an applicant to submit information, studies and analysis that will enable all participants to adequately assess the request in relation to the criteria.

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

Section 22.3 Amendments and Rezonings

The provisions of this Code may be amended, supplemented, modified or repealed. Such amendments may apply to the zoning map or to the regulations as set forth in this Code.

((O)24-11 , 12/04/24)

1. Amendments to the zoning map (rezonings) may be initiated by the Planning and Zoning Commission or the Town Council or a real property owner in the area included in the proposed amendment. A pre-application conference with the Planning and Zoning Administrator is required.

2. Amendments to general requirements and uses may be submitted by members of the Planning and Zoning Commission or members of the Town Council. The Planning and Zoning Commission shall order such amendments to public hearing, duly noticed as hereinafter provided.

3. Real property owners, residents, and Town personnel may request amendments to the general requirements and uses, in writing, to the Planning and Zoning Commission. The Planning and Zoning Commission or the Town Council shall consider such amendments and may: (a) order such amendments to public hearing, duly noticed as hereinafter provided; or (b) deny the request. A denial of public hearing by the Planning and Zoning Commission may be appealed to the Town Council.

((O)24-11 , 12/04/24)

Neighborhood meetings shall be conducted in accordance with Section 22.15.

((O)24-11 , 12/04/24; (O)16-02 , 01/20/16)

1. It is the burden of the applicant that all requirements of the application shall be in the form and in such numbers as specified by the Planning and Zoning Administrator.

2. A detailed written analysis from the applicant describing how the proposed rezoning complies with the goals, policies, and applicable elements of the plan, as well as the Land Use Element and map, is required as part of the submittal.

An application for rezoning, or any change in land use, not in compliance with the adopted General Plan will require an amendment to the General Plan or the application for rezoning. Amendments to the General Plan may be pursued through the Planning and Zoning Commission and Town Council hearings concurrent with the request to rezone. Approval of the General Plan amendment must precede Town Council action on the rezoning application.

((O)24-11 , 12/04/24; (O)17-05 , 06/07/17; (O)16-02 , 01/20/16; 6/11 supplement, 06/11)

The site analysis is to serve as a tool that will enable the public, elected officials, the Planning and Zoning Commission, staff and developers to comprehensively evaluate the suitability of the physical and manmade resources of a site for rezoning and development. This tool will have two parts: Part I – Inventory and Analysis and Part II – Land Use Proposal.

i. The form, contact and number of copies of the site analysis will be specified by the Planning and Zoning Administrator with concurrence by the Planning and Zoning Commission and Town Council.

ii. A site analysis and rezoning application may be submitted prior to the Tentative Development Plan.

i. Applications to change the zoning map shall conform to the General Plan. The rezoning ordinance shall further the implementation of, and not be contrary to, the goals, policies, and applicable elements of the Plan.

ii. Conformance is determined as follows:

a) Proposals shall be evaluated in relation to all of the policies in the General Plan (not just the map and those in the Land Use Element).

b) The proposed land uses, densities or intensities are within the range for the subject property’s land use designation as stated in the General Plan.

c) Upon public hearing review by the Planning and Zoning Commission and Town Council, any rezoning proposal which does not comply with the General Plan will be subject to denial by the Town Council.

i. A site analysis shall be determined inadequate if it is in gross noncompliance with existing ordinances or policies such that the development proposed cannot proceed to hearing without significant changes to achieve compliance.

ii. For those site analyses determined to be inadequate, the petitioner will receive a written list of the additional information and/or materials necessary to bring the site analysis into compliance. The petitioner has two (2) options:

a) Correct any deficiencies in the site analysis; or

b) Allow the development proposal to proceed directly to public hearing before the Planning and Zoning Commission at the earliest possible date with a negative recommendation from Town staff.

iii. A determination of adequacy does not constitute project approval by the Town staff.

a. All applications for rezoning shall be accompanied by a tentative overall development plan, which shall be prepared to specifications set by the Planning and Zoning Administrator.

b. Any proposed changes to a tentative development plan approved in conjunction with a rezoning shall be submitted to the Planning and Zoning Administrator, who shall review the item and shall ascertain whether or not the change is significant. A significant change shall be determined by, but not be limited to, the following criteria:

i. Any change to the permitted use or uses. “Permitted uses” shall mean the primary and alternative uses as set forth in the tentative development plan and conditions attached to the approved rezoning.

ii. Any change to the development standards or zoning conditions relating to building heights, perimeter setbacks, open space requirements, any reduction in open space, parking, floor area ratios and density.

iii. Any change to the tentative development plan associated with this rezoning which would vary any material terms or conditions of the rezoning, which would modify any proposed density standards, any kinds of street or land improvements proposed affecting the standards and layout for vehicular circulation, signs and nuisance controls intended for the development.

iv. Nothing in this section shall be deemed to authorize the Planning and Zoning Administrator to modify or approve any aspects of development reserved to the Planning and Zoning Commission pursuant to Section 22.5.

v. Changes approved as flexible design options as permitted by Section 27.10.F.2.c shall be exempt.

If a change is determined to be significant, revised plans shall be submitted for reconsideration by both the Planning and Zoning Commission and Town Council.

((O)24-11 , 12/04/24; (O)17-05 , 06/07/17; (O)16-02 , 01/20/16; (O)15-06 , 02/04/15; 6/11 supplement, 06/11)

In the event that requests for amendments to the general requirements and uses are made, no application, posting or mailing shall be required, but all other requirements of this chapter shall be adhered to. When amendments include substantive matters of administration, they shall be referred to the person who is charged with that administration. Such person shall have an opportunity to present his comments, suggestions and objections, if any, prior to passage of the amendments.

((O)24-11 , 12/04/24; (O)16-02 , 01/20/16)

1. A formal determination must be made within thirty (30) days of receiving an administratively complete residential rezoning application. If the application is deemed incomplete, the determination notice shall include a comprehensive list of all deficiencies.

2. The Planning and Zoning Administrator shall make a determination of completeness on all applications previously deemed incomplete no later than fifteen (15) days after receiving the resubmitted application.

3. The Planning and Zoning Commission shall make a recommendation to Town Council within ninety (90) days of an administratively complete determination. If a recommendation is not made within ninety (90) days, the application shall proceed to Town Council without a Planning and Zoning Commission recommendation.

4. Town Council shall approve or deny applications within one hundred eighty (180) days of an administratively complete determination.

a. The time period to approve or deny an administratively complete application may be extended by the Planning and Zoning Administrator beyond one hundred eighty days (180) for either of the following reasons:

i. For extenuating circumstances, a one (1) time extension of not more than thirty (30) days may be granted. Extenuating circumstances may include:

a) Issue resolution;

b) Fulfillment of notification requirements;

c) Scheduling conflict;

d) Other similar circumstances as determined by the Planning and Zoning Administrator.

ii. If the applicant requests an extension, the Town may grant extensions of thirty (30) days per extension, not to exceed twelve (12) extensions or twelve (12) months for any of the following:

a) Town Council request for more information;

b) New information requested beyond standard submittal requirements;

c) Additional time to work with neighbors;

d) An outside agency review delay;

e) Other similar circumstances as determined by the Planning and Zoning Administrator.

b. If the application is substantially changed after an administratively complete determination, the one hundred eighty (180) days will restart when the revised application is newly deemed administratively complete by the Planning and Zoning Administrator.

((O)24-11 , 12/04/24)

When an application has been filed, the Planning and Zoning Administrator shall make a report based on a review of the application with regard to the requirements of this Code, the General Plan and other considerations. He shall transmit, as appropriate, pertinent information on the requested zone change to the Town Engineer, County Engineer, County Wastewater and appropriate school district, the County and State Health Departments, and Arizona Department of Transportation and Rural Metro Fire Department or any other interested public agency for review and recommendation and the report shall include the recommendations of the abovementioned agencies. The report shall be made available to the Planning and Zoning Commission, the applicant and other interested parties at least five (5) days prior to the public hearing.

((O)24-11 , 12/04/24; (O)16-02 , 01/20/16)

1. With the filing of a complete application, the Planning and Zoning Administrator shall set a date for public hearing before the Planning and Zoning Commission, which date shall not be more than fifty (50) days from the date of said filing. The date, time and place of such public hearing and the nature of the amendment requested shall be published in a newspaper of general circulation in the Town of Oro Valley and the notice of said hearing shall be posted on the subject property. Both the publication and posting shall give fifteen (15) days’ notice of such Planning and Zoning Commission meeting. It shall be the responsibility of the applicant to maintain the posting.

2. When the Planning and Zoning Commission or the Town Council initiates an amendment that proposes a change in any zoning district on the zoning map, the notice required to be published and posted shall also be mailed by certified mail to the last known address of all owners of property which is proposed to be rezoned by said amendment, said owners to be determined by a current list of ownership. The list of owners will be obtained not more than forty-five (45) days prior to the date of hearing before the Planning and Zoning Commission with said notices to be mailed not less than thirty (30) days prior to the date of the first public hearing.

3. Not less than fifteen (15) days before the first public hearing, copies of the notice as published and posted shall be sent by regular mail to the owners of property within the Town which is within six hundred (600) feet of the property or premises on which the proposed change would take effect if approved. Failure of such property owners to receive such notice shall not invalidate any amendment as may be approved.

a. The applicant shall submit to the Planning and Zoning Administrator a list obtained from the office of the tax assessor of Pima County giving the names and addresses of all owners of property within the Town, any part of which is within six hundred (600) feet of the property or premises on which the proposed change would take effect if approved. Such list shall be made not less than sixty (60) days prior to the date of hearing before the Town Council.

b. The Planning and Zoning Administrator shall have the responsibility to secure the list of owners of property within six hundred (600) feet when the proposed change has been initiated by the Planning and Zoning Commission or Town Council.

((O)24-11 , 12/04/24; (O)16-02 , 01/20/16)

Upon completion of the public hearing, the Planning and Zoning Commission shall forthwith transmit copies of its findings and recommendations to the applicant and the Town Council. The report of the Planning and Zoning Commission shall become a permanent record in the office of the Town Clerk.

((O)24-11 , 12/04/24; (O)16-02 , 01/20/16)

If the Planning and Zoning Commission fails to report on any Code or zoning map amendment within ninety (90) days after the filing of the complete application, such failure shall be deemed to constitute no recommendation by the Planning and Zoning Commission and the matter is referred to the Town Council.

((O)24-11 , 12/04/24; (O)16-02 , 01/20/16)

The Town Clerk shall schedule a public hearing before the Town Council at which residents shall have an opportunity to be heard. The date, time and place of such public hearing and the nature of the amendment requested shall be published in a newspaper of general circulation in the Town of Oro Valley and notice of said hearing shall be posted on the subject property. Both such publication and notice of such Town Council meeting shall give fifteen (15) days’ notice of such Town Council meeting. It shall be the responsibility of the applicant to maintain the posting.

((O)24-11 , 12/04/24; (O)16-02 , 01/20/16)

If the owners of twenty percent (20%) or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property, not including government-owned property, file a protest in writing against a proposed amendment, the change shall not become effective except by a favorable vote of three-fourths (3/4) of all members of the Town Council. If any members of the Town Council are unable to vote on such question because of conflict of interest, then the required number of votes for passage of the question shall be three-fourths (3/4) of the remaining membership of the Town Council; provided, that such required number of votes shall in no event be less than a majority of the full membership of the Town Council. For the purpose of this section, the vote shall be rounded to the nearest whole number. In determining the ratio of twenty percent (20%), the “zoning area” means both of the following:

1. The area within one hundred fifty (150) feet, including all rights-of-way, of the affected property subject to the proposed amendment or change.

2. The area of the proposed amendment or change.

A protest filed pursuant to this subsection shall be signed by the property owners opposing the proposed amendment and filed in the office of the Town Clerk no later than 12:00 noon, five (5) business days before the date on which the Town Council will vote on the proposed amendment or on an earlier time and date established by the Town Council.

((O)24-11 , 12/04/24; (O)18-04 , 01/17/18; (O)16-02 , 01/20/16)

The Town Council may approve a change of zoning conditioned upon specific development requirements and/or a schedule for development of the specific use or uses for which zoning is requested. If, at the expiration of the period specified by Town Council, the property has not been developed according to said schedule and requirements, it shall revert to its former zoning classification without legislative action. Any request for an extension of, or amendment to, the conditions granted shall be considered a new application.

((O)24-11 , 12/04/24; (O)16-02 , 01/20/16)

If the event that an application for amendment is denied by the Town Council or that the application is withdrawn after the Planning and Zoning Commission hearing, the Planning and Zoning Commission shall have the authority to refuse to accept another application for the same amendment within a year of the date of the original hearing.

((O)24-11 , 12/04/24; (O)16-02 , 01/20/16)

Whenever land previously zoned by Pima County is annexed by the Town of Oro Valley, such zoning shall continue in effect until Town of Oro Valley zoning is applied, but, in no event, for longer than six (6) months after the annexation. The zoning applied shall comply with this Code unless specific exceptions or modifications are made by the Town Council upon annexation and translation of the zoning.

((O)24-11 , 12/04/24; (O)16-02 , 01/20/16)

Rezonings to PRD or PAD shall follow the requirements in these sections and the additional requirements and review procedures in their respective sections of the Code (Section 24.3, PRD, and Section 24.4, PAD).

((O)24-11 , 12/04/24)

Section 22.4 Zoning in Conformance with the General Plan

An analysis of individual parcels with zoning not in conformance with the adopted General Plan land use designation shall be conducted as part of the ten (10) year General Plan update.

Section 22.5 Use Permits

	Review Process
Application	Pre-Application	Public Participation	Formal Submittal	Staff Review	Public Participation	Planning and Zoning Commission	Town Council
Use Permits	X	X	X	X	X	X	X

Use Permits may be granted only when expressly permitted by this Code. Applications shall be made according to the provisions of this section. If a conditional use permit is permitted, but no criteria for the specific use are defined in Section 25.1, the conditions for such use shall be recommended by the Planning and Zoning Commission to the Town Council.

Use Permits, which may be revocable, conditional or valid for a term period, may be granted only when expressly permitted by this Code and only after the Planning and Zoning Commission has made a recommendation and the Town Council has found:

1. That the granting of such conditional use permit will not be materially detrimental to the public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following:

a. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination;

b. Hazard to persons and property from possible explosion, contamination, fire or flood;

c. Unusual volume or character of traffic.

2. That the characteristics of the proposed use are reasonably compatible with the types of use permitted in the surrounding area and sufficient mitigation measures are employed to minimize impact on adjoining properties.

3. That the proposed use is consistent with the goals and policies of the general plan.

4. That the hours of operation of the proposed use will not adversely impact neighboring properties.

The burden of proof for satisfying the aforementioned requirements shall rest with the applicant.

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

Application for use permit shall be submitted to the Planning and Zoning Administrator. With the filing of an application, the Planning and Zoning Administrator shall set a date of public hearing before the Planning and Zoning Commission.

The date, time and place of the public hearing and the nature of the use permit requested shall be published in a newspaper of general circulation in the Town and one (1) notice of the said hearing shall be posted conspicuously on the property. Both such publication and posting shall give fifteen (15) days’ notice of the public hearings. It shall be the responsibility of the applicant to maintain the property posting.

2. The notice, as published and posted, shall be sent by regular mail to all recorded owners of properties, of which any part is within six hundred (600) feet of the proposed use permit, or more as the Planning and Zoning Administrator may determine necessary, not less than fifteen (15) days prior to the date of the public hearing. Failure of property owners to receive such notice shall not invalidate a use permit that may be subsequently approved.

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

Neighborhood meetings shall be conducted in accordance with Section 22.15.

((O)22-09 , 10/05/22; (O)16-02 , 01/20/16)

Upon completion of the public hearing on a use permit, the Planning and Zoning Commission shall transmit its findings and recommendations to the Town Council.

((O)22-09 , 10/05/22; (O)16-02 , 01/20/16)

The Town Clerk shall schedule a public hearing before the Town Council at which residents shall have an opportunity to be heard. The Town Council may approve the use permit if they find all applicable provisions of the zoning code, planned area development, policies and standards of the Town have been met. The Town Council may impose such conditions as deemed necessary to carry out the provisions and intent of this Code.

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

F. Repealed by (O)22-09.

((O)16-02 , 01/20/16)

G. Repealed by (O)11-15.

A violation of any condition imposed by the use permit shall constitute a violation of this Code. Failure to maintain any of the approved conditions may result in revocation of the use permit by Town Council. Amendment or addition to any use permit is subject to the same procedures as those that apply to a new application.

((O)22-09 , 10/05/22; (O)16-02 , 01/20/16)

Section 22.6 Development Review

(Repealed by (O)11-15)

Section 22.7 Building Permits

(Repealed by (O)22-09)

Section 22.8 Certificates of Occupancy

A Certificate of Occupancy for the use of vacant land or the change in the character or the use of land, as herein provided, shall be applied for before any such land shall be occupied or used and a Certificate of Occupancy shall be issued within three (3) days after the application has been made provided such use is in conformity with the provisions of this Code.

The Certificate of Occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of this Code. A record of all certificates shall be kept on file in the office of the Town Clerk and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the affected building.

Section 22.9 Development Review

1. The purpose of this section is to provide adequate review for the orderly growth and harmonious development of the Town by achieving the following:

a. Safe and efficient circulation for all users.

b. Individual property lots of reasonable utility and livability.

c. An accessible and informative public outreach process.

d. Conservation of environmental and cultural resources.

e. Adequate provisions for water supply, drainage, sanitary sewage, and other health requirements.

f. Conformance with the General Plan, design principles and standards and other applicable sections of this Code.

1. This section shall apply to all land divisions, new residential and nonresidential projects in the Town, except for individual detached single-family custom homes or as otherwise specified in this Code.

2. No person, firm, corporation, or other legal entity shall sell or lease, or offer for sale or lease, any lot or parcel of land which is within a subdivision without first having recorded a plat thereof in accordance with the provisions of this Code.

3. No building permit shall be issued for construction on any lot or parcel of land that is not a part of a recorded subdivision plat or an approved minor land division until a development plan or final plat has been approved in accordance with subsection E of this section.

4. The applications required for each type of development are provided in the table below.

	Applications Required
Development Type	Pre- Application	Master Development Plan	Preliminary Plat	Final Plat	Development Plan	Architecture Design	Sign Design	Artwork Plan	Grading and Building Permit Plans
Single-Family Residential Subdivision	X	X^*	X	X		X	X		X
Multifamily Residential Development	X	X^*		X¹	X	X	X		X
Nonresidential Development	X	X^*		X¹	X	X	X	X	X

*May be required as determined by the Planning and Zoning Administrator

1If necessary

a. The development review committee (DRC) shall include any members deemed necessary by the Planning and Zoning Administrator or Town Engineer.

b. Development applications shall be distributed to the applicable DRC members for review. Town departments and outside agencies shall transmit their recommendations to the Planning and Zoning Administrator.

c. The DRC shall meet with the developer during the pre-application conference and additional meetings, as necessary, to carry out the review authorities provided below.

Department or Agency	Review Authority
Planning and Zoning	Reviews features related to site, landscape and architecture design for compliance with applicable zoning requirements, design principles and standards and the General Plan
Public Works	Reviews features related to drainage, floodplains and roadways for compliance with adopted street and drainage standards
Water Utility	Reviews features related to water use and infrastructure
Parks and Recreation	Reviews features related to parks and recreation facilities, including trails for compliance with the applicable maps, plans or policies
Police Department	Reviews features related to public safety and police protection such as conformance to crime prevention through environmental design (CPTED) elements
Fire District	Reviews features related to public safety and fire protection for compliance with adopted fire codes
Pima County Wastewater	Reviews features related to sewage disposal
Arizona Department of Transportation	Reviews right-of-way and intersection design for land abutting a State highway
Utilities and Other Agencies	All applicable utilities and other agencies affected shall review for compliance with their adopted codes

a. The Planning and Zoning Administrator, Planning and Zoning Commission and Town Council shall review all applications prescribed in Chapter 21 and exercise the authorities granted within this and other sections of the zoning code.

Submittal Type	Planning and Zoning Administrator	Planning and Zoning Commission	Town Council	Additional Regulations
Minor Plat Amendment	Decision	None	Appeal	22.9.D
Major Plat Amendment	Recommendation	None	Final Decision	22.9.D
Minor Land Division	Decision	None	Appeal	22.9.D
Master Development Plan	Recommendation	Recommendation	Final Decision	22.9.E.3
Preliminary Plat	Recommendation	Recommendation	Final Decision	22.9.E.4 24.9.C
Final Plat	Recommendation	None	Final Decision	22.9.E.5
Development Plan	Recommendation	Recommendation	Final Decision	22.9.E.6
Model Home Architecture	Recommendation	Decision	Appeal	22.9.E.7
Nonresidential Architecture	Recommendation	Recommendation	Final Decision	22.9.E.7 24.9.C
Art – Not Using a Call for Artist Process	Recommendation	Recommendation	Final Decision	22.9.E.9 27.3.F 24.9.C
Art Using a Call for Artist Process	Decision	None	Appeal	22.9.E.9 27.3.F
Master Sign Program	Recommendation	Recommendation	Final Decision	28.2.B 28.2.C 24.9.C
Sign Criteria	Decision	None	Appeal	28.2.B 28.2.C 24.9.C
PAD Sign Exemption	Recommendation	Recommendation	Final Decision	28.2.B 28.2.C 24.9.C
Small Cell Communication Facility	Decision	None	Appeal	25.1.B
Tier 1 Communication Facility	Decision	None	Appeal	25.1.B
Tier 2 Communication Facility	Recommendation	Decision	Appeal	25.1.B
Major Communication Facility	Recommendation	Recommendation	Final Decision	25.1.B
Grading Exception	Recommendation	Recommendation	Final Decision	22.10.C
Alternative Parking Ratio < or Equal to 20% Change	Decision	None	Appeal	27.7.C 24.9.C
Alternative Parking Ratio > 20% Change	Recommendation	Decision	Appeal	27.7.C 24.9.C
Type 1 Home Occupation	Decision	None	Appeal	25.2.E
Type 2 Home Occupation	Recommendation	Decision	Appeal	25.2.E

i. The decision-making authorities may approve an application if they find that all applicable provisions of the zoning code, planned area developments, development policies and standards of the Town have been met.

ii. The decision-making authorities may impose conditions as deemed necessary in order to carry out the provisions and intent of this Code. Violation of any such condition shall be a violation of this Code and shall render any subsequent approval or permit null and void.

i. Approvals, with or without conditions, or denials by Town staff or the Planning and Zoning Commission are final unless appealed to the Town Council. Appeals are subject to the following:

a) Within twenty (20) days from the date of the decision, the applicant files an appeal to the Town Council.

b) Such appeal shall be submitted in writing to the Town Clerk and shall indicate where, in the opinion of the appellant, Town staff or the Planning and Zoning Commission was in error.

c) The Town Clerk shall schedule the appeal for Town Council review at their next regularly scheduled meeting.

d) The Town Council shall uphold, modify or overrule the decision of Town staff or the Planning and Zoning Commission.

ii. Town Council decisions shall be final.

i. The following development projects are not subject to Planning and Zoning Commission review or Town Council approval:

a) New development projects or expansions of existing developments within the Economic Expansion Zone (EEZ) in accordance with Section 24.9.

b) Development projects utilizing the Environmentally Sensitive Land (ESL) modified review process in accordance with Section 27.10.

c) Plats or development plans without significant changes from an approved tentative development plan, as defined in Section 22.3, for properties rezoned in the last five (5) years.

d) Plats or development plans without significant changes from an approved master development plan in accordance with subsection D.4 of this section.

e) Amendments or expansions to development plans without significant changes in accordance with subsection D.4 of this section.

((O)23-04 , 10/18/23)

1. Development applications shall proceed through the following progressive steps, review and approval processes shown in Table 22-9D.

	Development Review and Approval Process
Step	Application	Pre-Application	Public Participation	Formal Submittal	Staff Review	Administrative Approval	Planning and Zoning Commission	Town Council	Grading Permit Approval and Issuance	Building Permit Approval and Issuance	Additional Information

	Development Review and Approval Process
Step	Application	Pre-Application	Public Participation	Formal Submittal	Staff Review	Administrative Approval	Planning and Zoning Commission	Town Council	Grading Permit Approval and Issuance	Building Permit Approval and Issuance	Additional Information
1	Pre-Application	X									22.9.E.1.
2	Public Particpation	X	X								22.9.E.2.
3	Master Development Plan	X	X	X	X		X	X	X		22.9.E.3.
4	Preliminary Plat	X	X	X	X		X	X			22.9.E.4.
5	Final Plat	X		X	X			X	X		22.9.E.5.
6	Development Plan	X	X	X	X		X	X	X		22.9.E.6.
7	Model Home Architecture			X	X		X			X	22.9.E.7.
7	Nonresidential Architecture			X	X			X		X	22.9.E.7.
8	Sign Permit			X	X	X				X	22.9.E.8.
	Sign Criteria			X	X	X				X
	Master Sign Program			X	X		X	X		X
9	Art Using Call for Artist			X	X	X	X	X		X	22.9.E.9.
9	Art Not Using Call for Artist			X	X	X				X	22.9.E.9.

a. The development shall be designed to meet the specific requirements for the zoning district within which it is located. In the event that an amendment of zoning is deemed necessary, the rezoning shall proceed according to the requirements of Section 22.3.

b. All development applications in Table 22-9D shall be checked by the Planning and Zoning Administrator for completeness and adequacy. If incomplete or otherwise inadequate, the submittal shall be returned to the applicant with deficiencies noted.

i. If not included in a preceding submittal, the following plans are required for concurrent review with a master development plan, preliminary plat or development plan:

a) A native plan preservation salvage and mitigation plan, site resource inventory, landscape plan, cultural resource inventory or other supporting data as specified by the Planning and Zoning Administrator and/or Town Engineer.

a. If applicable, the development applications in Table 22-9D may be submitted concurrently with the associated rezoning or conditional use permit applications. Approval of the rezoning or conditional use permit must precede Planning and Zoning and Town Council actions on the associated development applications.

b. A master development plan, development plan, preliminary plat, architecture, sign and artwork plans, if applicable, may be submitted for concurrent review.

c. If a development is to be phased, development plans and/or plats shall be submitted for administrative review for each phase of development.

i. The master development plan shall be kept up to date by the subdivider/developer as modifications take place.

ii. Should the development plan or plat include substantial modifications, as defined in subsection D.4 of this section, the master development plan will require reconsideration by Town Council.

a. Prior to issuance of grading permits, construction plans shall be approved in accordance with Section 22.10. Construction plans shall detail the site improvements, including an irrigation plan and rainwater harvesting plan.

b. Prior to issuance of a building permit, the Building Official shall ascertain that the Town has approved plans which are in conformance with the time limitations imposed by this Code.

c. No building permit shall be issued less than twenty (20) days after approval in order to allow appeal or review as stated by this Code.

d. The Planning and Zoning Administrator shall ensure that all matters are undertaken and completed to the approved plan. Inspections shall occur to verify compliance.

a. Amendments or expansions to master development plans, preliminary plats and/or development plans require consideration by the Planning and Zoning Commission and/or Town Council approval if one (1) or more of the following is met. All other amendments or expansions may be approved by the Planning and Zoning Administrator:

i. Amendments or expansions to single-family or multifamily developments which:

a) Increase in the project gross land area by more than twenty-five percent (25%); or

b) Increase in the number of units or lots by more than twenty-five percent (25%).

ii. Amendments or expansions to nonresidential developments, which:

a) Increase in the project gross land area by more than twenty-five percent (25%); or

b) Increase in the building gross floor area by more than twenty-five percent (25%); or

c) Change in the project land use for the entire parcel (e.g., changing retail commercial to religious institution); or

d) A major alteration to circulation patterns as determined by the Town Engineer and the Planning and Zoning Administrator; or

e) Any significant changes impacting compatibility, traffic or adjoining properties as determined by the Planning and Zoning Administrator or Town Engineer.

iii. Amendments or expansions to model home architecture which involves one (1) or more of the following require Planning and Zoning Commission approval:

a) Increase in the number of model home designs originally approved by the Planning and Zoning Commission by more than twenty-five percent (25%); or

b) Decrease to the extent of the design’s conformance to any of the applicable design principles and standards, as determined by the Planning and Zoning Administrator; or

c) Significant changes impacting compatibility, streetscape or adjoining properties, as determined by the Planning and Zoning Administrator.

iv. Amendments or expansions to multifamily or nonresidential architecture designs, which:

a) Amend the design for more than twenty-five percent (25%) of the building facade; or

b) Decrease to the extent of the design’s conformance to any of the applicable design standards, as determined by the Planning and Zoning Administrator; or

c) Significant changes impacting compatibility, streetscape or adjoining properties, as determined by the Planning and Zoning Administrator.

a) The following plat amendments are considered minor and may be approved administratively by the Planning and Zoning Administrator:

1) Scrivener’s errors.

2) Adjustments to utility easements and building pads.

3) Property line modifications with concurrence from all affected parties.

4) Adjustments to floodplain and erosion hazard boundaries as approved by the Town Engineer.

5) Driveway relocations as approved by the Town Engineer.

b) Criteria to evaluate minor plat amendments includes:

1) Must be in substantial conformance with the approved subdivision design (e.g., lot number and pattern, street configuration, subdivision boundary, etc.).

2) No material changes to the terms or conditions of the approved final plat.

3) No changes to open space designation.

4) No adverse impacts to an adjacent property, as determined by the Planning and Zoning Administrator and/or Town Engineer.

1) If it is determined that the proposed final plat amendment complies with the minimum requirements of this section, the subdivider shall record the approved amendment with the Pima County Recorder’s Office for recordation.

2) If determined that the proposed final plat amendment does not comply with the minimum requirements of this section, the request requires Town Council approval in accordance with subsection E.6 of this section.

a) The Planning and Zoning Administrator may approve any subdivision of unplatted land that does not constitute a subdivision as defined in Chapter 31.

b) Criteria to evaluate minor land divisions includes:

1) The lots resulting from the proposed minor land division conform to the minimum lot size per the requirements for the zoning classification of the property.

2) Adequate access is available to public street(s) from the proposed lot(s).

3) The location of any existing building on any lot resulting from the proposed land division complies with building setbacks for the applicable zone.

4) Provision of, and access to, public utilities can be accommodated.

5) Access for emergency vehicles can be accommodated.

1) If it is determined that the proposed land division complies with the minimum requirements of this section, the subdivider shall record the approved division with the Pima County Recorder’s Office for recordation.

2) If determined that the proposed minor land division does not comply with the minimum requirements of this section, the request requires a preliminary plat in accordance with subsection E of this section.

3) Compliance with Town ordinances and regulations not reviewed as part of the minor land division review process will be determined at the time of application for building permits, when more detailed information is provided on the proposed development of each lot.

i. A pre-application conference is required for all development review applications unless otherwise determined by the Planning and Zoning Administrator.

ii. Completion of a pre-application conference constitutes authorization for the developer to proceed through the public participation process, if applicable, or submit a formal application.

i. A pre-application shall proceed through the review steps as provided in Table 22-9D.

ii. The preparation and submittal of the pre-application shall include a narrative and a preliminary concept from the applicant making known their intentions.

iii. At a minimum and depending upon the scope of the proposed development, the pre-application shall be reviewed for the following:

a) Existing zoning of the property to determine if a zoning change is necessary or desirable.

b) Applicable development review process and submittal requirements, including public participation in accordance with Section 22.15.

c) Zoning requirements, including the design standards in Addendum A and any overlay zones applicable to the proposal.

d) Identification of any unusual problems such as topography, utilities, flooding, and geological hazards.

1) Determination if certain lands may not be subdivided due to adverse topography, flooding, geological hazards, lack of water or other natural or manmade hazards to life or property.

2) Establishment of lot size standards, grading, drainage requirements and/or other regulations deemed reasonable and necessary for the public health, safety, or general welfare on any lands to be subdivided affected by such characteristics.

i. Decisions and findings are not subject to appeal as they are based on a preliminary concept and do not constitute an approval or denial of the proposal.

ii. Comments are advisory and should not be considered an exhaustive review. Comments may change from amendments to the code or significant changes to the proposal.

i. Public participation shall be conducted in accordance with Section 22.15 or 24.9.

ii. Completion of the first neighborhood meeting constitutes authorization for the developer to proceed with the formal submittal of the development application. Subsequent public outreach requirements must be completed, prior to a public meeting or hearing.

i. A public outreach plan and subsequent report is required upon formal submittal in accordance with Section 22.15.

i. In accordance with Section 22.15, additional public participation may be required as determined by the Planning and Zoning Administrator.

i. A master development plan is required when any of the following apply:

1) A tract comprises an entire neighborhood; or

2) A tract initially proposed for platting is only a portion of a larger landholding of the subdivider; or

3) A tract is part of a larger land area, the development of which is complicated by unusual topographic, utility, drainage, land use or ownership or other conditions. The entire land area need not be under the subdivider’s control; or

4) Other circumstances as determined by the Planning and Zoning Administrator.

ii. Master development plan approval constitutes authorization for the developer to proceed with preparation of a preliminary plat, development plan or construction documents and assurances.

i. A master development plan shall proceed through the review and approval steps as provided in Table 22-9D, unless as otherwise specified in subsection C.2.d of this section.

ii. The preparation and submittal of the master development plan and associated plans required in subsection D.1.b.i.a of this section shall include the general layout of all buildings, structures, including refuse enclosures, setbacks, site access and general circulation, parking and loading areas, buffer yards, landscaping, sign locations and other supporting data as specified by the Planning and Zoning Administrator.

iii. The following design principles provide primary guidance to inform staff, the Planning and Zoning Commission and Town Council actions for development review.

The principles are designed as tools to analyze the relationship of project characteristics to one another and to the surrounding area.

These design principles are not intended to require proposed new development to mirror or match adjacent development nor establish a finding for project denial based on differences between the proposed development and the surrounding area. It is important to note that dissimilar land uses will have dissimilar development standards and design elements. Transitional development standards should be employed to lessen the impact of the development on the surrounding area.

1) Building Orientation: The location, orientation and size of all buildings and structures shall promote a complementary relationship to one another.

2) Environmental Resources: To the greatest extent possible, environmental resources shall be conserved and continuity of resources should be maintained throughout the site.

3) Drainage/Grading: Site grading shall minimize impacts on natural grade and landforms and provide for subtle transitions of architectural elements to grade. Significant cuts and fills in relation to natural grade shall be avoided or minimized to the extent practical given property constraints.

4) Connectivity: Strengthen the usability and connectivity of the pedestrian environment internally and externally by enhancing access to the public street system, transit, adjoining development and pedestrian and bicycle transportation routes. Where appropriate, buildings and uses should provide access to adjacent open space and recreational areas.

iv. In addition to the design principles, master development plans shall be reviewed for conformance to the General Plan, Design Standards in Addendum A and other applicable sections of this Code.

i. Master development plans shall be resubmitted for administrative review with each phase of development. Should the master development plan propose substantial modifications, as defined in subsection D.4 of this section, the master development plan will require reconsideration by the Planning and Zoning Commission and Town Council.

i. A preliminary plat is required when a subdivision of land, as defined in Chapter 31, is proposed.

ii. Preliminary plat approval constitutes authorization for the subdivider to proceed with preparation of the final plat and construction documents.

i. A preliminary plat shall proceed through the review and approval steps as provided in Table 22-9D, unless as otherwise specified in subsection C.2.d of this section.

ii. The preparation and submittal of the preliminary plat and associated plans required in subection D.1.b.i.a of this section shall include the general layout of all buildings, structures, including refuse enclosures, setbacks, site access and general circulation, parking and loading areas, buffer yards, landscaping, sign locations and other supporting data as specified by the Planning and Zoning Administrator.

iii. Preliminary plats shall be reviewed for conformance to the design principles in subection E.3.b.iii of this section, the General Plan, design standards in Addendum A and other applicable sections of this Code.

i. Preliminary plat approval shall expire and become null and void two (2) years from the date of approval if a grading permit has not been issued subject to determination by the Planning and Zoning Administrator unless the following occurred:

1) A different time frame is made a condition of the Town Council approval; or

2) An extension of preliminary plat approval is granted by the Town Council in accordance with the following:

a) The applicant files for the extension prior to the approval becoming void and the Town Council determines the circumstances justify an extension. Extensions up to two (2) years may be granted. The Town Council may impose conditions on extensions to require conformance to zoning codes or other development standards adopted after the original approval.

i. A final plat is required when subdivision of land (as defined in Chapter 31) is proposed in conformance with an approved preliminary plat.

ii. Final plat approval constitutes authorization for the developer to proceed with recordation and construction documents.

i. Upon approval of a preliminary plat, a final plat shall proceed through the review and approval steps as provided in Table 22-9D.

ii. The preparation and submittal of the final plat shall be in accordance with the requirements of this Code, State statute, including the subdivision requirements of Chapter 26 and shall substantially conform to the approved preliminary plat.

a) Final plats are subject to the following requirements:

1) It is the responsibility of the subdivider to provide on the final plat, prior to plat recordation, such easements in such location and width as required for utility purposes.

2) A statement of dedication of all streets, alleys, crosswalks, drainage ways, pedestrian ways and easements for public use signed by the person holding title of record, by persons holding titles as vendees under land contract and by spouses of said parties, shall be included in the final plat. If lands dedicated are mortgaged, the mortgagee shall also sign the plat. Execution of dedication shall be acknowledged and certified by a notary public.

3) Certification by the registered civil engineer or registered land surveyor making sure that the plat is correct and accurate and that the monuments described in it have either been set or located as described. All maps shall contain the seal of a registered civil engineer or land surveyor.

4) A floodplain statement prepared by the registrant.

5) Certification by the Town Clerk of the date the map was approved by the Town Council.

6) Certification of recordation by the County Recorder.

i. Upon approval by Town Council, applicants have one (1) year to record the final plat. Once recorded, final plats shall not expire.

ii. An extension of final plat approval may be granted by the Town Council if the applicant files for the extension prior to the approval becoming void and the Town Council determines the circumstances justify an extension. Extensions up to two (2) years may be granted. The Town Council may impose conditions on extensions to require conformance to zoning codes or other development standards adopted after the original approval.

i. A development plan is required for all applications that do not require subdivision of property.

ii. Development plan approval constitutes authorization for the developer to proceed with preparation of construction documents and assurances. Conditions under which approval is granted shall not be substantially changed prior to the expiration date.

i. A development plan shall proceed through the review and approval steps as provided in Table 22-9D, unless as otherwise specified in subsection C.2.d of this section.

ii. The preparation and submittal of the development plan and associated plans required in subsection D.1.b.i.a of this section shall include the general layout of all buildings, structures, including refuse enclosures, setbacks, site access and general circulation, parking and loading areas, buffer yards, landscaping, sign locations and other supporting data as specified by the Planning and Zoning Administrator.

iii. Development plans shall be reviewed for conformance to the design principles in subsection E.3.b.iii of this section, the General Plan, design standards in Addendum A and other applicable sections of this Code.

i. Development plan approval shall expire and become null and void two (2) years from the date of approval if a grading permit has not been issued subject to determination by the Planning and Zoning Administrator unless the following has occurred:

1) A different time period is made a condition of Planning and Zoning Commission or Town Council approval; or

2) An extension of development plan approval is granted by the Town Council in accordance with the following:

i. Architecture review is required for all model home residential subdivisions and all nonresidential developments.

ii. Architecture approval constitutes authorization for the developer to proceed with preparation of building plan documents for permit issuance.

i. Architecture shall proceed through the review and approval steps as provided in Table 22-9D.

ii. The preparation and submittal of the architecture application shall include the exerior design of all structures, colors and materials and supporting data as specified by the Planning and Zoning Administrator.

iii. The following design principles provide primary guidance to inform staff, the Planning and Zoning Commission and Town Council actions for architecture review.

The principles are designed as tools to analyze the relationship of project characteristics to one another and to the surrounding area. These design principles are not intended to require proposed new development to mirror or match adjacent development, nor establish a finding for project denial based on differences between the proposed development and the surrounding area.

It is important to note that dissimilar land uses will have different development standards and design elements. Mitigation measures shall be employed to transition between land uses.

1) Building design shall be appropriate for the climate and characteristics of the Sonoran Desert, including indigenous and traditional textures, colors, and shapes found in and around Oro Valley. All development shall maintain and strengthen the high quality of design exemplified in Oro Valley through project creativity and design excellence.

2) Building scale, height and mass shall be consistent with the Town-approved intensity of the site, designated scenic corridors, and valued mountain views. Buildings shall be designed to respect the scale of adjoining areas and should mitigate the negative and functional impacts that arise from scale, bulk and mass.

3) All building facades shall be fully articulated, including variation in building massing, roof planes, wall planes, and surface articulation. Architectural elements including, but not limited to, overhangs, trellises, projections, awnings, insets, material, and texture shall be used to create visual interest that contributes to a building’s character.

4) Building design and screening strategies shall be implemented to conceal the view of loading areas, refuse enclosures, mechanical equipment, appurtenances, and utilities from adjacent public streets and neighborhoods.

iv. In addition to the design principles, architecture shall be reviewed for conformance with the design standards in Addendum A, planned area development design standards and scenic corridor standards, if applicable.

i. Architecture design approval shall not expire.

i. A sign criteria or master sign program is required for nonresidential multiple-occupancy buildings, resorts and commercial, office, and/or industrial centers in accordance with Section 28.3.

ii. A sign permit is required if a property does not have an approved sign criteria or master sign program in accordance with Section 28.3.

iii. Sign design approval constitutes authorization for the developer to proceed with preparation of construction plan documents for permit issuance.

i. A sign permit, sign criteria or master sign program shall proceed through the review and approval steps as provided in Table 22-9D.

ii. The preparation and submittal of the sign application shall include the sign types, design and other supporting data as specified by the Planning and Zoning Administrator.

iii. The following design principle provides primary guidance to inform staff, the Planning and Zoning Commission and Town Council actions for sign design review.

1) Sign colors, design and placement shall be complementary and integral to the project’s architectural and site design themes.

iv. In addition to the design principles, signs shall be reviewed for conformance with Section 28.3 and the applicable design standards in Addendum A.

i. Sign permit, sign criteria and master sign program approval shall not expire.

i. Artwork is required for all nonresidential developments in accordance with Section 27.3.

ii. Artwork plan approval constitutes authorization for the developer to proceed with preparation of building plan documents.

i. Art shall proceed through the review and approval steps as provided in Table 22-9D.

ii. The preparation and submittal of the artwork application shall include the design of art pieces and supporting data, as specified by the Planning and Zoning Administrator.

iii. Artwork shall be in conformance with the design principles in Section 27.3 and the applicable design standards in Addendum A.

i. Artwork approval shall not expire.

Section 22.10 Grading Permit Procedures

Grading permits are required prior to grading as specified below and in conformance with Section 27.9.

A Type 1 grading permit is required for the following:

i. A residential development on a single lot, other than those defined as Type 2 or 3.

ii. Alteration of existing stabilized slope of three to one (3:1) or greater, on a residential lot.

iii. Addition of paved areas such as concrete or asphalt, in excess of one thousand (1,000) square feet on a residential lot.

iv. Import and stockpiling of one hundred (100) cubic yards or more of earthen materials on a residential lot.

v. Clearing vegetation from a residential lot, which encompasses an area of one thousand (1,000) square feet or more.

A Type 2 grading permit is required for any new public or private street or roadway, a commercial, office or resort project, or any residential development consisting of more than two (2) platted lots.

A Type 3 grading permit is required for the following:

i. Stockpiling of earthen materials.

ii. Installation of utilities and other infrastructure for which a Type 2 grading permit is not required.

A Type 4 grading permit is required for the establishment of future building pads, utility installation and site improvements as needed for drainage and access prior to site plan or final plat approval.

i. A Type 4 grading permit is only applicable to sites meeting the following locational and qualifying standards:

a) Located in the economic expansion zone, as defined in Section 24.9.

b) Prior to permit issuance, the applicant must demonstrate the following, subject to review and approval by the planning and zoning administrator:

1) The ability to develop the subject area within five (5) years of permit issuance by documenting how the site meets a specific employer need and interest in southern Arizona.

2) A visual analysis to verify there will not be a materially detrimental visual impact to adjacent properties used or intended for residential purposes and public roadways.

A) The visual analysis shall include photographs and accurate computer graphic renderings depicting the proposed extent and location of grading with mitigation measures.

i) The requirement for a visual analysis may be waived by the Planning and Zoning Administrator if the character of the site, location or terrain renders such analysis unnecessary.

B) At the discretion of the Planning and Zoning Administrator, conditions to enhance the buffer yards to minimize view impacts may be applied. Enhancements include, but are not limited to, increasing the extent of ground cover, width of landscape buffers, density or type of plants for compliance with Section 27.6.C.4.b.viii.

ii. Type 4 grading permits are subject to the following:

a) No clearing, brushing, grubbing, excavating or filling shall take place within one hundred fifty (150) feet of a property used or intended for residential purposes. The distance shall be measured from the abutting edge of any property used or intended for residential purposes to the closest property line or lease line of the subject property. The limit of the property line or lease line shall include all required parking, landscaping, and setbacks of the subject property.

b) No clearing, brushing, grubbing, excavation or filling shall take place within twenty-five (25) feet from the boundaries of the future development envelope or within the required landscape buffer yard, whichever is greater; excluding any approved entry points. A minimum forty (40) foot natural desert bufferyard is required along the front property line and public roadways in accordance with Section 27.6.C.4.b.viii.

c) Native plants salvaged from the site must be immediately transplanted in permanent locations not designated for future development, such as buffer yards, environmentally sensitive lands or other areas as approved by the Planning and Zoning Administrator.

d) A temporary above-ground irrigation system must be installed and maintained for a minimum of five (5) years to establish all transplanted and mitigated plant material in accordance with all applicable regulations in Section 27.6.D.

e) Decomposed granite, or an equivalent cover as approved by the Town Engineer and the Planning and Zoning Administrator, matching the natural desert earth tones shall be utilized to cover the entire cleared or graded area in accordance with Section 27.9.C.6.

f) All pre-graded sites must be revegetated in accordance with Section 27.6.C.8 after five (5) years.

1) The applicant may submit a request in writing to the Planning and Zoning Administrator for a one-time extension. Extensions may only be granted upon submittal of a contract indicating site development within two (2) years.

The following activities are exempted from acquiring a grading permit:

a. Utility and other infrastructure installation confined to the Town of Oro Valley right-of-way and requiring a right-of-way permit. However, a grading plan pursuant to Section 27.9.C.4.a shall accompany the right-of-way permit application. The Town may waive the requirements for the grading plan should staff determine that the scope of the grading activity does not warrant such a plan;

b. The clearing, brushing or grubbing for activities exempted in this subsection;

c. Stockpiling of less than one hundred (100) cubic yards of uncompacted earth material;

d. Resurfacing or maintenance of an existing paved surface;

e. New pavement of less than one thousand (1,000) square feet;

f. Individual sewage disposal system with a Pima County Department of Environmental Quality permit;

g. Excavation below finished grade for a basement, foundation, wall or swimming pool authorized by a building permit or zoning construction permit;

h. Excavation below existing grade for any story of a structure as long as the finished grade immediately outside the structure meets all other cut and fill limitations;

i. Exploratory excavation under the direction of a soil engineer or engineering geologist provided all excavation is properly backfilled. Whenever possible, such exploratory excavation and testing shall be conducted only in areas which have been previously disturbed;

j. Archaeological exploration conducted under state permit by a qualified archaeologist;

k. Removal of selected individual plants for storage and replanting;

l. Grading for the maintenance of an existing private access, road, or driveway; provided, that it either existed prior to adoption of, or was established in conformance with, this section.

a. The grading permit application, grading plan, and other required materials must be submitted for review to the Town for review and approval.

b. Grading plans and other required materials will be reviewed for consistency with the applicable regulations, standards, and any conditions imposed upon rezoning, development plan or subdivision plat approval.

c. Type 2 grading plans, as required in Section 22.10.B.2 and related submittals, will be reviewed concurrent with the final plat or development plan submitted after Planning and Zoning Commission approval.

d. At the discretion of the Town Engineer and the Planning and Zoning Administrator, grading assurances may be required in the form of assurance or other security acceptable to the Town. In the event that grading is not completed as approved, the assurances may be applied to:

i. Eliminate potential hazardous conditions; or

ii. Mitigate the effects of dust, drainage, erosion, visual scars or hazardous conditions in a manner acceptable to the Town.

e. Once approved, a grading permit will be issued. The grading permit may be issued with additional conditions as deemed necessary by the Town.

a. Upon issuance of a grading permit, a copy of the permit and approved plan shall be kept in a conspicuous and accessible location on the site.

i. Type 2 grading permits as required in Section 22.10.A.1.c may not be issued by the Town until the Town Council has approved the final plat or development plan and the necessary assurances have been posted.

b. A grading permit shall be null and void if the authorized work has not been completed within one hundred eighty (180) days of permit issuance, except for a Type 2 grading permit. A Type 2 grading permit shall be null and void if the authorized work has not been completed within twelve (12) months of permit issuance.

If drainage problems, flood hazards or other hazards occur, the Town may require that engineering modifications be submitted in a report and the grading design be modified. Modifications shall be implemented in a timely manner as approved by the Town Engineer and Planning and Zoning Administrator to prevent further hazards from occurring.

If unanticipated nonhazardous conditions are encountered during grading, which are beyond the scope of the grading permit, the permit holder may request engineering modifications in a report to be reviewed and approved by the Town.

c. Upon approval of the modifications, a revised permit will be issued by the Town.

a. Upon written request by the permit holder, the Town may grant a single extension up to one hundred eighty (180) days. Requests must be submitted prior to the date of expiration. Consideration will be given to extension requests when quantifiable evidence is submitted.

a. Prior to commencement of grading or stockpiling, the permit holder shall request an inspection of the site where said activity is to occur to be graded or earthen material to be stockpiled and vegetation to be salvaged shall be clearly identified. Any fencing required to protect natural areas or native plants shall be installed and certification of the building pad elevation by a registered land surveyor or civil engineer shall be presented to the inspector at this time.

b. All grading which requires a Type 2 grading permit per subsection A.1.b of this section will also be inspected for the following:

i. Aggregate base course (ABC) material prior to paving and during compaction testing of the same; and

ii. Paving of public and private streets and compaction/material testing of the same; and

iii. Open water lines and all other utility trenches and backfill materials prior to burial of trench; and

iv. Any grading activity in addition to what was approved on the grading plans; and

v. Stockpiling areas on or off site; and

vi. Any specific grading activities or areas identified by the Town at the pre-construction meeting (held between staff and the contractor at the time of permit issuance) or during the course of construction activities; and

vii. Any on-site and off-site compaction testing or asphalt coring.

c. Upon completion of grading activity, the permit holder shall request a final grading inspection to verify that all requirements of the approved grading plan and permit have been satisfied. A similar inspection upon removal of stockpiled material shall also be requested.

i. The final grading inspection is required prior to the release of assurances for civil work or finalization of the project.

ii. Whenever grading work requiring Town inspection is concealed by additional work without first having been inspected, the Town may require, by written notice, that such work is:

a) Exposed, for inspection by the Town, at no cost to the Town; or

b) Certified by the project civil engineer as being in conformance with approved plans and applicable regulations via regular inspection observation notes.

iii. Where conditions of a grading permit or grading plan include the establishment of vegetation or other final site grading work that extends beyond the expiration of the grading permit, the permit holder shall request inspections per subsection B.5.c of this section.

a. In the event that the final grading cannot be completed in its entirety, an assurance, in a form acceptable to the Town, may be posted to allow inspection and occupancy of the residence. This assurance shall be in an amount equivalent to one hundred twenty percent (120%) of the cost to complete the work as shown on the approved grading plan and/or in compliance with this Code. A cashier’s check made payable to the Town is an acceptable form of assurance for this purpose.

b. The determination of the cost of the remaining work shall be by bids acquired by the permittee. The building official shall make the final judgment as to the adequacy of the assurance amount.

c. If the balance of the work has not been completed within one hundred twenty (120) days of the date of the certificate of occupancy, the Town may use the assurance to complete the work.

d. When an assurance is to be posted as a temporary substitute for a final grading inspection, it will still be necessary to have adequate drainage away from the structure. In addition, temporary or permanent means of preventing silting onto public rights-of-way will be required.

1. Scope: An exception from a provision of this section may be applied for, and may be granted by the Town Council, when the intent of this section can be met by other means and when strict application of these provisions could require unnecessary disturbance to the land, would create a hazard to adjacent property, would be materially detrimental to persons residing in the vicinity or would be materially detrimental to the public welfare in general.

2. Findings: Applications for grading exceptions shall address each of the following findings:

a. The exception meets the intent and purposes of this code;

b. Granting the exception constitutes the minimum to allow the proposed improvement;

c. The conditions on the property are unique such that strict adherence to this section would cause an unnecessary hardship which substantially limits the preservation and enjoyment of property rights;

d. The exception imposes conditions so as not to constitute a granting of special privilege; and

e. That the exception will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general.

3. Conditions: At the Town Council’s discretion, conditions may be imposed on the exception that will:

a. Assure that the intent and purpose of this chapter are met; and

b. Provide adequately for the protection of surrounding property owners and residents; and

c. Provide mitigation of scarring and restore the site to a natural appearance in terms of contours and vegetation, where possible.

4. Application: The request for exceptions shall be made on a form provided by the Town. Hearing fees shall be required.

5. Notice: The Planning and Zoning Commission will hold a duly noticed public hearing on the exception request and notice of the hearing will be mailed to all property owners within six hundred (600) feet of the grading site prior to such hearing.

a. If any portion of a subdivision falls within the required notification area, the entire subdivision (as defined by subdivision name or unit number) may be required to be notified if the impacts of the proposal would have impacts affecting the entire subdivision or neighborhood, as determined by the Planning and Zoning Administrator.

The Planning and Zoning Commission will review and provide recommendation to the Town Council on all applications for grading exceptions at scheduled public hearings. When reviewing requests for grading exceptions, the Planning and Zoning Commission and Town Council shall consider each of the findings and address them in their deliberations. To grant an exception the Town Council shall find that the request addresses the concerns of each finding and is in substantial compliance with the findings as a whole.

7. The decision of the Town Council on a grading exception shall be final.

((O)17-05 , 06/07/17; (O)12-11 , 09/05/12; 6/11 supplement, 06/11)

a. The issuance of a grading permit shall constitute an authorization to do only that work that is described or illustrated on the application for the permit, or on the site plans and specifications as approved by the Town. The issuance of a permit, or the approval of drawings and specifications, shall not be construed to be a permit for, nor the approval of, any violation of, or deviation from, the provisions of this or any other Town ordinance, code or regulation. A permit issued shall become invalid if, in the work completed, a violation of this section or deviation therefrom ensued. When such violation occurs, the permit shall be deemed to be canceled and the ground shall be restored to the condition it was in prior to start of the grading work.

b. The issuance of a permit, based upon drawings and specifications, shall not prevent the Town from thereafter requiring the correction of errors in said drawings and specifications, or from stopping unlawful construction operations being carried on thereunder.

c. The Town may require grading operations and project designs be modified if weather-generated problems occur that were not considered at the time the grading permit was issued.

Neither the issuance of a permit under the provisions of this ordinance, nor the compliance with provisions hereof, or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the Town for damage to other persons or property.

a. The enforcement of this section and conditions of the grading permit shall be in accordance with this section.

b. If the Town makes a determination that noncompliance with the conditions of the grading permit, or any condition imposed by rezoning, plat or plan approval exists, the Town may issue a stop-work order and/or citation. Further, the Town shall hold in abeyance, by written notice, all Town review of other submittals related to the subject project and the issuance of Town permits for any aspect of it until remedial actions have received the written approval of the Town.

a. Whenever the Town determines that grading does not comply with this section or the grading permit conditions, or that the soil or conditions are not as stated on the permit, the Town may order the work stopped by written notice served on any person engaged in doing or causing such work to be done, and/or issue a citation.

b. Any such person shall immediately stop such work until written authorization is granted by the Town to proceed with the work.

If deemed necessary and appropriate, citations for grading violations may be issued. The Planning and Zoning Administrator will issue the citation. The Town Engineer shall co-sign citations issued for grading violations occurring within Town right-of-way.

a. Failure to obtain a grading permit: Unless exempted by this section prior to commencement of grading shall be a violation of this ordinance. However, the Town may issue an exception permit if the Town finds that an emergency existed that made it impossible first to obtain a permit. Notification must be provided to the Town within seventy-two (72) hours of occurrence.

b. Violations: A violation of this ordinance may result in issuance by the Town of a stop-work order and/or a citation and penalties in accordance with subsection D.6.c of this section. Payment of fine shall not relieve any person from complying with the requirements of this section.

c. Penalties: Failure to comply with the approved grading plan, conditions of the grading permit, and/or grading not in compliance with this section shall cause immediate revocation of all permits. At the Town’s discretion, a permit may be issued for the purposes of getting the illegally graded site into compliance with this section, for the purposes of reestablishing the grades approved on the grading plan, and for replacing and maintaining protected native plant materials or public property destroyed as a result of the illegal grading operation. New permits for continuing the project shall not be issued until the required fines are paid to the Town.

Section 22.11 Native Plant Preservation, Salvage and Mitigation Plans

(Repealed by (O)09-20)

Section 22.12 Appeals From Administrative Decisions

Appeals may be taken to the BOA by persons aggrieved or by any officer, department, board or bureau of the municipality affected by a decision of an administrative official, within 30 days, by filing with the officer from whom the appeal is taken, and with the BOA, 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.

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 his 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.

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 Code.

Section 22.13 Variances

Application for a variance of zoning regulations shall be made to the BOA in the form of a written application. Said application shall be filed with the Town Clerk upon forms provided by the BOA and shall be accompanied by:

1. Plans and description sufficient to indicate the nature of the project involved and the proposed use with ground plans and elevations of all proposed buildings.

2. Evidence satisfactory to the BOA of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six (6) months after issuance of the variance.

3. A filing fee according to the fee schedule adopted by the Town Council. The owner of a nonconforming sign shall not be required to pay a filing fee when applying for a variance from the ordinance that renders the sign nonconforming.

4. From the time of filing the application until the time of such hearing, the application and all maps, plans and other accompanying data shall be available for public inspection during office hours at the office of the Town Clerk.

((O)20-08 , 10/07/20)

Upon receipt in proper form of any such application, the BOA 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 BOA shall cause one (1) notice of such hearing to be published in a newspaper of general circulation in the Town and one (1) 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)20-08 , 10/07/20)

A variance from the provisions of this Code shall not be authorized unless the Board shall find upon sufficient evidence:

1. That there are special circumstances or conditions applying to the property strictly related to its size, shape, topography, location or surroundings which do not apply to other properties in the district. Existing building configuration shall be included only when constrained by the special circumstances or conditions of the property; and

2. That the special circumstances or conditions as defined in subsection C.1 of this section were not created by a previous or current owner; and

3. That the authorizing of the variance is necessary for the preservation of privileges and rights enjoyed by other properties of the same classification in the same zoning district; and

4. That any variance granted is subject to such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and

5. That the authorizing of the variance will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general.

((O)20-08 , 10/07/20)

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 Code and such violation shall render the variance null and void.

((O)20-08 , 10/07/20)

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.

Section 22.14 Administrative Approval Required

The Planning and Zoning Administrator may approve permits for special uses (see Chapter 31 for definition) for any temporary use of property, developed or undeveloped, within the Town of Oro Valley.

(6/11 supplement, 06/11)

Upon staff certification that all required information has been submitted, the materials will be disseminated to the Police Department, Building Codes Department, the Fire Protection/Emergency Service provider, the Town Clerk’s office and any other department requiring review of the plans, based on the special use requested. Each reviewer will be required to provide comment to the Planning and Zoning Administrator within five (5) working days of receipt. The Planning and Zoning Administrator shall consider the responses from the reviewing departments and the potential negative impacts of the proposed special use on surrounding properties with respect to:

1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination;

2. Hazard to persons and property from possible explosion, contamination, fire or flood;

3. Unusual volume or character of traffic not adequately addressed through traffic control measures; and

4. Compatibility of said special use with the surrounding area.

(6/11 supplement, 06/11)

1. If all four (4) findings are met and all Town concerns are or can be satisfied, the Planning and Zoning Administrator may approve and authorize issuance of the requested special use permit. A time limit, not to exceed sixty (60) days, and any other conditions deemed necessary to protect the public health, safety and general welfare, may be imposed as conditions.

2. At his/her discretion, the Planning and Zoning Administrator may grant temporary modifications to Zoning Code requirements specific to the needs of a special use on a case-by-case basis. Any such modification approved shall not be construed as precedent setting, nor shall it be deemed applicable to any other special or permitted use.

Subsequent to approval, the applicant for the special use permit must obtain from the Town Clerk all necessary business and tax licenses required to operate within the Town.

(6/11 supplement, 06/11)

The violation of any condition imposed by the Planning and Zoning Administrator on special use permit approval shall constitute a violation of this ordinance and, subject to twenty-four (24) hours’ notice, said permit may be revoked. If revocation of a special use permit occurs, said special use must be curtailed at the end of the twenty-four (24) hour notification period.

Section 22.15 Public Participation

This section provides requirements for neighborhood meetings for proposed development projects. The purpose of promoting public participation in the development review process is to:

1. Build trust through effective public outreach and communication.

2. Promote fair and open dialogue between stakeholders, applicants, staff, board and commission members, and the Town Council.

3. Inform and educate stakeholders regarding the development process, review criteria, and planning and zoning regulations.

4. Provide stakeholders with opportunities to ask questions, identify issues, and forge solutions early in the development process.

5. Promote transparent conveyance of agreed upon solutions to staff, boards and commissions, and Town Council.

6. Promote consistent implementation of agreed upon solutions through the development review process.

((O)22-09 , 10/05/22; (O)16-02 , 01/20/16)

Neighborhood meetings are required for the following development applications:

a. Type 1 and Type 2 General Plan amendments.

b. Rezonings.

c. Conditional use permits.

d. Master development plans.

e. Preliminary plats and development plans.

f. Any other proposed action that results in significant change in the development intensity or compatibility with existing development as determined by the Planning and Zoning Administrator.

If a project entails more than one (1) of the aforementioned development applications, a single public participation process may be followed, unless substantial changes have occurred to the proposal or significant issues are identified. When the neighborhood meeting requirements are met for Type 1 and Type 2 General Plan amendments or a rezoning, further meetings may not be required if the following conditions are met:

a. No substantial changes to the approved concept or tentative development plan.

b. There are no unresolved issues related to the application, as defined in subsection B.3 of this section.

The Planning and Zoning Administrator may determine that a neighborhood meeting is not required in accordance with the following criteria:

a. There are no residential uses or zones within six hundred (600) feet of the subject property, excluding areas designated as right-of-way, open space or drainage easement.

b. If it is determined that the project/proposal is:

i. Consistent with similarly situated property;

ii. Not substantially affecting adjacent land use, streetscape, or views; or

iii. Substantially conforms to an approved tentative development plan or master development plan.

Any project exempted under this section found to have unresolved neighborhood issues or concerns at any point in the development review process may be required to adhere to the neighborhood meeting requirements.

((O)22-09 , 10/05/22; (O)17-01 , 01/18/17; (O)16-02 , 01/20/16; 6/11 supplement, 06/11)

Neighborhood meetings shall be organized by Town Planning and Zoning Department staff in the manner specified in the public participation and notification policy. This policy is subject to review and periodic update by the Planning and Zoning Administrator.

((O)16-02 , 01/20/16; 6/11 supplement, 06/11)

1. The applicant must submit a POP that meets the requirements established by the Planning and Zoning Administrator.

2. The POP must be submitted after pre-application review and before neighborhood meetings are scheduled.

3. The POP must include:

a. A description of the project.

b. Identification of interested stakeholders, including homeowners’ associations that are affected by the proposal.

c. A proposed neighborhood meeting process.

4. The POP must incorporate the neighborhood meeting requirements noted in subsection F of this section. The applicant may propose an alternative process if it is designed to include key stakeholders in a meaningful way, and is consistent with subsection A of this section, Purpose, and the public participation and notification policy. Any alternative proposal will be subject to Planning and Zoning Administrator approval. At a minimum, the POP must contain educational and issue identification and resolution elements, as defined in the public participation and notification policy.

((O)16-02 , 01/20/16; 6/11 supplement, 06/11)

1. The applicant must submit a public outreach report as part of the project application.

2. The public outreach report must include:

a. A list of neighborhood meetings, noting when and where they were held; the number of people that attended; and copies of sign-in sheets.

b. A list of meeting notification methods used.

c. Copies of comment letters, petitions, and other pertinent information received from residents and other interested parties.

d. A summary of the issues and concerns that were raised.

e. A list of solutions that were agreed upon.

f. A list of issues that were not resolved, with an explanation of why solutions were not achieved.

((O)16-02 , 01/20/16)

a. A minimum of two (2) neighborhood meetings are required with the following exceptions:

i. One (1) meeting may be sufficient if the project is of very limited scope and no relevant public concerns have been expressed, as determined by the Planning and Zoning Administrator.

ii. The Planning and Zoning Administrator will announce at the meeting if additional meeting(s) are required to provide more information or to allow for more discussion on the request.

iii. If the project type, layout, or previously agreed upon mitigation solutions are substantially changed after meeting with neighbors, an additional meeting may be required as determined by the Planning and Zoning Administrator.

Neighborhood meetings must be held in a facility that:

a. Is accessible to the general public, such as a Town-owned facility, school, house of worship, or community recreation center; and

b. Provides access for persons with disabilities.

a. Neighborhood meetings should typically be scheduled on a weekday evening so that working residents may attend, but may be adapted to neighborhood needs, as appropriate.

b. The first meeting must be scheduled prior to formal submittal of the application.

c. The second meeting is required prior to a formal Town public meeting or hearing.

d. Subsequent meetings may be held during the public hearing process to provide the opportunity to understand resident’s position relative to the request.

a. Notice shall be provided to all persons and entities identified in the public outreach plan. At a minimum, public notice shall be provided at least fifteen (15) days prior to the meeting, including:

i. A description and the location, date and time of the meeting shall be mailed to property owners within one thousand (1,000) feet for General Plan amendments and to property owners within six hundred (600) feet for all other applications. The notification area may be expanded to include entire neighborhoods or subdivisions which may be impacted by the request, as determined by the Planning and Zoning Administrator.

ii. Sign(s) shall be posted on or near the property and shall be a minimum of three (3) feet by four (4) feet in area and use five (5) inch letters for the title.

iii. Other additional methods identified in the public outreach plan, as approved by the Planning and Zoning Administrator.

a. A Town-approved facilitator may be utilized to assist with neighborhood meetings, as defined in the public participation and notification policy.

b. If professional facilitation services are required as determined by the Planning and Zoning Administrator, the applicant is responsible for the fees incurred for such services.

Oro Valley City Zoning Code

CHAPTER 22

Review and Approval Procedures

Section 22.1 General Provisions

((O)24-11 , 12/04/24)

2. Residential rezoning applications shall also be subject to the requirements of Section 22.3.G.

4. No further processing of the application shall occur until the deficiencies are corrected.

((O)24-11 , 12/04/24)

1. All applications will expire and be deemed withdrawn if more than twelve (12) months of inactivity pass without substantive progress.

3. If deemed withdrawn, no further processing shall occur unless a full resubmittal of case materials and fees are provided.

((O)24-11 , 12/04/24)

Section 22.2 General Plan Amendment Procedures

Type 1 amendments involve significant changes to the Town’s General Plan.

a. Any change to the Land Use Plan that affects forty (40) acres or more and is classified as a Type 1 amendment on the General Plan Amendment Matrix (Table 22-1).

b. Increasing the amount of High Density Residential, regardless of acreage.

c. Increasing the amount of Master Planned Community, regardless of acreage.

d. Decreasing Neighborhood Commercial Office, Community/Regional Commercial or Commerce Office Park land use designations, regardless of acreage.

e. Decreasing the amount of open space regardless of acreage.

f. Planning area boundary changes.

g. Amendments for properties outside the General Plan Urban Services Boundary (USB).

h. Any text changes to an element, goal, policy, or action that alters the intent or purpose of any element, goal, policy, or action of the General Plan.

a. Any amendment not meeting the criteria for a Type 1 amendment.

b. Amendments to the Urban Services Boundary.

c. Open space trades resulting in no net loss of open space and that meet the Town’s environmental objectives.

d. Any text changes to an element, goal, policy or action that do not alter the intent or purpose of any element, goal, policy, or action of the General Plan.

The Planning and Zoning Administrator may reclassify a Type 2 amendment to a Type 1 amendment based on the following findings:

b. The physical characteristics of a site such as environmental constraints, access or topography will likely result in significant environmental or grading impacts to the property.

The following shall not require a formal amendment to the General Plan and may be reviewed administratively:

a. All scrivener’s errors will be subject to administrative approval. Scrivener’s errors are unintentional clerical mistakes made during the drafting, publishing, and copying process.

b. Public schools are not subject to the amendment process.

	Proposed Designation (Change to)
Existing	R-LDR	LDR1	LDR2	MDR	HDR	MPC	RGC	NCO	CRC	COP	PSP & SCH*	PARK	OS
R-LDR	none	2	1	1	1	1	1	1	1	1	1	2	2
LDR1	2	none	2	1	1	1	1	1	1	1	1	2	2
LDR2	2	2	none	2	1	1	1	1	1	1	1	2	2
MDR	2	2	2	none	1	1	1	1	1	1	1	2	2
HDR	2	2	2	2	none	1	1	1	1	1	2	2	2
MPC	1	1	1	1	1	none	1	1	1	1	2	2	2
RGC	1	1	1	1	1	1	none	2	1	2	2	2	2
NCO	1	1	1	1	1	1	2	none	1	2	2	2	2
CRC	1	1	1	1	1	1	2	2	none	2	1	2	2
COP	1	1	1	1	1	1	2	2	2	none	1	2	2
PSP & SCH*	2	2	2	2	1	1	2	2	2	2	none	2	2
PARK	1	1	1	1	1	1	1	1	1	1	1	none	2
OS	1	1	1	1	1	1	1	1	1	1	1	1	none
*Public schools are not subject to the amendment process.
Type 1 Amendment			1
Type 2 Amendment			2
None			none

DESIGNATION KEY
R-LDR	Rural Low Density Residential (0 – 0.3 homes per acre)
LDR1	Low Density Residential 1 (0.4 – 1.2 homes per acre)
LDR2	Low Density Residential 2 (1.3 – 2.0 homes per acre)
MDR	Medium Density Residential (2.1 – 5.0 homes per acre)
HDR	High Density Residential (5.1+ homes per acre)
MPC	Master Planned Community
RGC	Resort and Golf Course
NCO	Neighborhood Commercial and Office
CRC	Community/Regional Commercial
COP	Commerce/Office Park
PSP	Public/Semi Public
SCH	Schools
PARK	Parks
OS	Open Space