Oro Valley City Zoning Code

CHAPTER 23

Zoning Districts

Section 23.1 Districts and Boundaries Thereof

In order to classify, regulate, restrict and separate the use of land, building and structures; and to regulate and to limit the type, height and bulk of buildings and structures; and to regulate the areas of yards and other open areas around and between buildings and structures; and to regulate the density of dwelling units, the Town is hereby divided into the following districts:

R1-300 Single-Family Residential District – 300,000 sq. ft. per lot

R1-144 Single-Family Residential District – 144,000 sq. ft. per lot

R1-72 Single-Family Residential District – 72,000 sq. ft. per lot

R1-43 Single-Family Residential District – 43,560 sq. ft. per lot

R1-36 Single-Family Residential District – 36,000 sq. ft. per lot

R1-20 Single-Family Residential District – 20,000 sq. ft. per lot

R1-10 Single-Family Residential District – 10,000 sq. ft. per lot

R1-7 Single-Family Residential District – 7,000 sq. ft. per lot

Tech Park (T-P) Zoning District Side and Rear setback requirements when adjacent to residentially zoned property

R-4 Townhouse Residential District

R-4R Resort District

R-S Residential Service District

R-6 Multifamily Residential District

C-N Neighborhood Commercial District

C-1 Commercial District

C-2 Commercial District

PS Private Schools District

T-P Technological Park

POS Parks and Open Space

PRD Planned Residential District

PAD Planned Area Development

HDZ Hillside Development Zone

ORSCOD Oracle Road Scenic Corridor Overlay District

((O)24-12 , 12/04/24; (O)22-01 , 01/05/22; (O)16-16 , 12/07/16; (O)07-33, 09/19/07)

This district is intended to promote and preserve rural, single-family residential development. The district permits airparks and other uses that are compatible with the large single-family lots predominated by open space.

This district is intended to promote and preserve suburban-rural single-family residential development. The large lot size permits agricultural uses and promotes open space.

This district is intended to promote and preserve suburban-rural single-family residential development, with lots large enough to accommodate on-site sewer systems.

This district provides for low-density residential development with lots large enough to accommodate on-site sewer systems.

This district provides for low-density residential development.

This district provides for low-density detached single-family residential development.

This district provides for medium density detached single-family residential development.

This district provides for medium high-density detached single-family residential development.

The purpose of this zone is to provide for properly planned and orderly developed manufactured or site delivered housing subdivisions. The principal land use is single-family dwellings and uses incidental or accessory thereto.

This district is intended to provide for relatively low-density development having individual ownership and built-in privacy, either in the form of party wall construction or enclosed courtyards.

The Resort District is intended primarily to provide for accommodations for seasonal visitors. The controlled access, deep setbacks, and landscaping requirements are intended to enhance the value, safety, and aesthetic quality of both the highway frontage and the adjacent property.

This district is composed of certain land and structures used primarily to provide administrative, clerical and professional offices of a residential scale and character to serve nearby residential and commercial areas as well as the Town as a whole. These uses are characterized by low volume of direct daily customer contact. Secondarily, this district provides for medium density residential uses. This district is designed to be a transitional zone and should be used to buffer low density residential uses from more intense land uses, districts and heavily traveled transportation routes. The property development standards, while strict in order to protect adjacent low density residential uses, are designed to be flexible enough to allow experimentation in office and housing design and to allow housing constructed within this district to incorporate its own protection from more intense adjacent uses.

This district is intended to support multi-family residential development, to accommodate an increased density of population and to provide recreational and aesthetic amenities, which enhance the residential character of a multi-family project and produce a high quality environment.

This district also furnishes employment opportunities, by providing for business and professional office complexes on a residential scale, with low silhouettes, a variety of separate building masses and landscaped open space, to be compatible with surrounding residential uses.

This district provides small office and service centers within walking/biking distance or a short drive from adjacent neighborhoods. The center shall be designed to fit into the adjacent neighborhoods, serve as a neighborhood activity center, and provide a combination of uses that offer basic goods and services that meet the needs of the nearby residents. A mixture of office, retail, and residential is enabled in the C-N zone and is anticipated to provide a physically and functionally integrated combination of uses.

Sites should be designed to accommodate multiple, smaller uses rather than a single, large use. C-N zoning may be found along multi-use paths, near parks, immediately between or among higher density residential developments and municipal service sites. It is most appropriate at the intersection of collector streets or a collector street and an arterial road.

This district provides for large scale office complexes and medium sized retail centers, located on a major arterial. Through buffering and other mitigation measures, C-1 centers must be compatible with adjoining residential neighborhoods, while satisfying commercial and service business needs of nearby neighborhoods.

This district provides for commercial activities designed to serve a regional area with emphasis on shopping centers and group commercial developments. Uses must incorporate extensive mitigation measures to harmoniously co-exist with nearby neighborhoods. C-2 uses are substantial traffic generators and should be located near the intersection of two principal arterials.

Senior Care Use and Commercial Zoning Districts

This district provides for religious facilities and private educational facilities.

This district is intended to provide high quality employment opportunities, such as research and development, biotechnology, and other similar industries. Uses include a mix of light industrial, professional office, warehouse, assembly and distribution, ancillary retail services and related uses. These uses generally occur in a business park-type environment with clustered buildings and inward focused activity intended to be compatible to adjacent residential areas.

This district is primarily for those areas of the Town where it is desirable and necessary to provide permanent park, public open space, and in general, areas to be preserved in their present or managed state.

((O)20-06 , 07/15/20; (O)11-02 , 02/02/11; (O)07-33, 09/19/07)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Map accompanying and made a part of this ordinance, the following rules apply:

1. The district boundaries are either street lines or alley lines unless otherwise shown, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by street or alley lines, the street lines or alley lines shall be construed to be the boundary of the district.

2. Where the district boundaries are not otherwise indicated and where the property has been, or may hereafter be, divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.

3. In unsubdivided property, the district boundary lines on the map accompanying and made a part of this ordinance shall be determined by use of the scale appearing on the map.

Section 23.2 Effect of Districts

No building or land shall be devoted to any use other than a use permitted in the zoning district in which such building or land shall be located with the exception of the following:

1. Uses lawfully established as of the effective date of this comprehensive amendment.

2. Conditional uses when allowed by permit in accordance with the zoning district in which such building or land shall be located.

3. Analogous uses as determined by the Planning and Zoning Administrator. Analogous uses shall not be any more deleterious, obnoxious, or harmful in terms of traffic generation, use impacts, and types of activities involved.

4. Accessory uses customarily incidental to the permitted uses.

Allowance of aviation fuel storage and dispensing at 13100 N. Tailwind Dr. within the La Cholla Airpark

Section 23.3 Table of Permitted Uses

The Table of Permitted Uses in this section sets forth the uses permitted within the base zone districts.

A “P” indicates that a use is permitted as a matter of right in the respective zone district, subject to compliance with all applicable regulations in this Code.

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

A “C” indicates that a use category or specific use type is allowed only if reviewed and approved in accordance with the procedures and standards of Section 22.5, Use Permits.

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

An “A” indicates that the use is permitted as ancillary to the primary uses within the district.

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

A blank cell indicates that a use type is not allowed in the respective zone district, unless it is expressly allowed by other regulations of this Code.

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

1. Numbers in the final column of the Table of Permitted Uses indicate that the listed use is subject to use-specific regulations in one (1) or more districts in which the use is allowed, which can be found within Section 25.1.B, unless otherwise indicated.

((O)24-12 , 12/04/24; (O)16-16 , 12/07/16)

		Single-Family									Multifamily				Commercial			Other
USE CATEGORY	SPECIFIC USE TYPE	R1- 300	R1- 144	R1- 72	R1- 43	R1- 36	R1- 20	R1- 10	R1 -7	S D H 6	R- 4	R-4R	R-S	R-6	C-N	C-1	C-2	PS	T-P	P O S	NOTES
ACCESSORY USES
Accessory Uses	Accessory Buildings and Uses	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	23.6 25.2.A
AGRICULTURAL USES
Agriculture	Commercial Stables	C	C	C																	25.1.B.4
	Commercial Farms and Ranches	C	P	C	C	C	C	C	C												25.1.B.10
	Selling of Products Raised on the Premises		P																		25.1.B.18
	Small Animal Husbandry (Noncommercial)	A	A	A	A	A	A	A	A	A			A	A							23.6.A.7 23.7.D.6 23.7.E.7
	Livestock (Noncommercial)	A	A	A	A	A	A														23.6.A.7
	Plant Nursery														C	C	P
COMMERCIAL USES
Food and Beverage	Bars														P	P	P		A		25.1.B.3
	Distillery																		P
	Entertainment at Bars or Restaurants															C	C				25.1.B.9
	Microbrewery															A	P		P		25.1.B.20
	Mobile Food Units, Including Food Trucks	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	25.1.B.21
	Mobile Food Unit Court														C	C	C				25.1.B.21
	Restaurant											A			P	P	P		A		23.8.F
	Restaurant With Drive-in/Drive-thru														C	C	C				25.1.B.6 25.1.B.25
Manufacturing & Processing	Food Processing, Artisanal															P	P		P
	Food Processing, Large Scale																		C		25.1.B.13
	Manufacturing Services, Heavy																		C
	Manufacturing Services, Light																P		P		25.1.B.17
	Warehousing, Heavy																		C
	Warehousing, Light																		A
Office & Professional	Communication Studios															P	P		P
	Offices												P	P	P	P	P		P
	Research and Development															P	P		P
Retail Sales	Convenience Market														C	C	C				25.1.B.6
	Drive-thru Uses														C	C	C				25.1.B.6 25.1.B.8
	General Retail														P	P	P		A		23.8
	Grocery Store														P	P	P				23.8
	Marijuana Establishment															P	P				25.1.B.19
	Wholesaling																C		P
Service	Animal Services														P	P	P				25.1.B.2
	Commercial or Fine Arts Studio												P	P	P	P	P
	Daycare												C	C	P	P	P	P	A		25.1.B.7
	Drive-thru Uses, Not Including Banks														C	C	C				25.1.B.6 25.1.B.8
	Financial Services												C		P	P	P		A
	Funeral Services															P	P
	Household Services															P	P
	Medical Services														C	P	P		P
	Personal Services												P		P	P	P		A
	Private Clubs Without Entertainment														P	P	P				25.1.B.23
	Private Clubs With Entertainment														C	C	C				25.1.B.9
	Self Storage																C		C
	Senior Care Facility										P	P	P	P	P						25.1.B.26
	Sexually Oriented Businesses																C				25.1.B.27
	Technical Services															P	P		P
	Theater															C	P
Vehicle	Gas Stations															C	C				25.1.B.6 25.1.B.14
	Parts Store														C	P	P				25.1.B.29
	Rental Establishments, Less Than 10 Vehicles											A				P	P		A		25.1.B.30
	Rental Establishments, Over 10 Vehicles															C	C				25.1.B.30
	Rental Establishments, Moving Services															C	C				25.1.B.30
	Repair Facilities															C	C				25.1.B.31
	Sales															C	C
	Storage Facility, Including Parking Garage										C	C			C	C	C		A		25.1.B.32
	Washes/detailing															C	C				25.1.B.6 25.1.B.31
Visitor Accommodation	Boarding House or Lodging House											C	C	C
	Guest Ranches											P
	Hotels/motels											P				C	P		C
	Resorts											P									25.1.B.34
	Short-term Rental Properties	P	P	P	P	P	P	P	P	P	P	P	P	P	P
PUBLIC, INSTITUTIONAL AND CIVIC USES
Public, Institutional, Civic	Arts & Cultural Use	A	A	A	A	A	A	A	A	A	A	P	P	A	P	P	P	P	P
	Cemetery		C
	Fire Stations and Rescue Facilities, Private														P	P	P		P		25.1.B.12
	General Aviation	P
	Golf Course	C	C	C	C	C	C	C	C			C									24.6 25.1.B.15
	Golf Driving Range or Miniature Golf, Stand Alone																C				25.1.B.15
	Government Services	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
	Religious Institutions	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	25.1.B.24
	Schools, Private												C		C	P	P	P	C
	Schools, Public Including Charter Schools	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
	Utilities, Privately Owned														C	C	C
	Utility Poles and Above Ground Wires, New	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	25.1.B.22
Recreation	Buildings and Facilities, Not-for-Profit Community Service Organizations, such as Boys & Girls Clubs or YMCA	C	C	C	C	C	C	C	C	C	C	C	C	C	C	P	P		P	C
Recreation	Buildings and Facilities, Private, Including Fitness Centers or Health Spas														P	P	P		P		25.1.B.16
RESIDENTIAL USES
Residential	Accessory Dwelling Unit	P	P	P	P	P	P	P	P				P	P							25.2.A.2
	Apartments												P	P	P						26.5
	Assisted Living Home	P	P	P	P	P	P	P	P		P	P									25.1.B.1
	Dwelling Units, Single-Family	P	P	P	P	P	P	P	P				P	P							25.1.B.24
	Dwelling Units, Site-Delivered, Single-Family									P
	Dwelling Units, Attached, Including Condominium, Patio Home or Townhouse										P	P	P	P							26.5 23.7
	Home Occupations	P	P	P	P	P	P	P	P	P	P	P	P	P							25.2.D
	Model Homes, Including Temporary Real Estate Office	P	P	P	P	P	P	P	P	P	P	P	P	P							25.1.B.28
OTHER USES
Other	Antennas	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P		25.1.B.5
	Communication Facilities, Major	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	25.1.B.5
	Communication Facilities, Minor	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	25.1.B.5

Senior Care Use and Commercial Zoning Districts

Oro Valley Town Center PAD Convenience Use requirements

Food Trucks

Nakoma Sky Public Art

Allowance of aviation fuel storage and dispensing at 13100 N. Tailwind Dr. within the La Cholla Airpark

Section 23.4 Table of Dimensional Requirements

All primary and accessory structures shall be subject to the intensity and dimensional standards set forth in the following Tables 23-2. These intensity and dimensional standards may be further limited or modified by other applicable sections of this Code. Additional regulations and rules of measurement are set forth immediately following the table. A “*” indicates that these additional regulations and rules of measurement are applicable.

Zoning District	Minimum Property Size	Minimum Lot Area (square feet)		Yard Setbacks (feet)			Building Height	Minimum Distance Between Bldgs	Addl Regs
		Area	Width	Front	Side	Rear		(feet)
R1-300	-	300,000	300	50	20	50	34	5	23.6.B 25.2.A
R1-144	-	144,000	150	50	20	50	18	5*	23.6.C 25.2.A
R1-72	-	72,000	150	50	35	50	22	5*	23.6.D 25.2.A
R1-43	-	43,560	150	30	20	40	18	5*	23.6.E 25.2.A
R1-36	-	36,000	120	30	15	40	18	5*	23.6.F 25.2.A
R1-20	-	20,000	80	30	15	30	18 ft. or 2 stories	5*	23.6.G 25.2.A
R1-10	-	10,000	80	25	10	25	25 ft. or 2 stories	5*	23.6.H 25.2.A
R1-7	-	7,000	70	20	7.5	20	25 ft. or 2 stories	5*	23.6.I 25.2.A
SDH-6	-	6,000	50	20*	15* (1st side) 5* (2nd side)	25*	18*	20*	23.6.J
R-4	1 acre	*	-	*	*	*	25 feet or 2 stories	10*	23.7.B
R-4R	50 acres prior to street dedications	*	-	*	*	*	34 feet	10*	23.7.C
R-S	-		-	*	*	*	25 feet or 2 stories*	10*	23.7.D 23.7.E 25.2.A
R-6	5 acres (residential) 1 acre (business and professional offices or other permitted or conditional use)	*	-	30*	20*	20*	25 feet or 2 stories*	*	23.7.E 25.2.A

Zoning District	Minimum Property Size	Yard Setbacks (feet)			Maximum Building Height	Min. Open Space	Max. Floor Area Ratio	Addl Regs
		Front	Side	Rear
CN	0 acres	20*	0-50*	0-50*	25 feet or 2 stories	25%	.25	23.8.B
C-1	5 acres	20	0-50*	0-50*	25 feet or 2 stories	20%	.30	23.8.C
C-2	10 acres	20	0-50*	0-50*	30 feet or 2 stories	20%	.40	23.8.D
PS	5 acres (schools only)	*	*	*	1 story and 24-45 feet*	25%		23.8.E
T-P	3 acres	20*	0-50*	0-50*	36 feet*	25%	.50*	23.8.F
POS		0-50*	0-50*	0-50*	1 story and 25-45 feet*	*	.15*	23.8.G

Section 23.5 Measurements and Exceptions

The same as “net lot area.”

The area included within lot lines after all right-of-way dedications have been made as required by the Town.

The width of the lot is determined as follows:

i. If the side property lines are parallel, the shortest distance between these side lines,

ii. If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the required front or rear building setback line whichever is the lesser. The axis of a lot shall be a line generally perpendicular to the fronting street, which divides the lot into two (2) equal parts.

i. Cul-de-sac lots: minimum lot width shall be measured at the front lot line or the building setback line, whichever width is greater. Street frontage for cul-de-sac lots shall meet the minimum requirements.

ii. “Flag” lots: the driveway, or “pole,” portion of any flag lot shall be excluded from minimum lot width measurement, using the flag portion of the lot to satisfy minimum lot width requirements.

As an aid to freer, safe movement of vehicles at and near street intersections, and in order to promote more adequate protection for the safety of children, pedestrians, operators of vehicles and for proposed construction hereafter, there shall be limitations of the height of fences, walls, gateways, ornamental structures, hedges, shrubbery and other fixture construction and planting on corner lots in all districts where front yards are required.

a. Such barriers to clear unobstructed vision at corners of intersecting streets shall be limited to a height of not over two feet above the established elevation of the nearest street line for a distance of 25 feet along both the front and side lot lines measured from the point of intersection of the said intersecting lot lines.

b. Within the isosceles triangle formed as required in subsection a. of this Section, by connecting the ends of the respective 25 foot distances, all the fixtures, construction, hedges, shrubbery and other plantings shall be limited to a height not over two (2) feet above the elevation of the street line level at the said intersecting streets.

c. Within the said triangle, and in cases where front yards are terraced, the ground elevation of such front yards shall not exceed two (2) feet above the established street line elevation at the said intersecting streets.

The vertical distance measured from the grade found along the outside walls of a building to the highest point of the building, excluding any chimney. This definition applies only to a building footprint where the natural cross-slope is less than six (6) percent.

The maximum vertical distance measured from natural grade to the highest point of the building directly above, excluding any chimney. This definition applies only to a building footprint where the natural cross-slope is six (6) percent or more.

Located at the building height permitted by Oro Valley zoning above the existing pre-development grade and parallel to the contour of the existing pre-development grade.

Flagpoles shall have a maximum height no greater than 1.25 times the height of the nearest adjacent building. The length of a flag shall be no greater than º the height of the flagpole. National and state flags are permissible. Flags used for the purpose of advertising or attracting attention to advertising are regulated in accordance with Sections 28.3.C and 28.4.B of this Code. Flags shall be located in an area of the lot or parcel where it will not be a safety hazard to adjacent properties.

Chimneys and solar equipment for heating or cooling are exempt from the height limitations of this Code.

Within the nonresidential districts, architectural elements such as bell towers may exceed this limitation as specified within the district standards Section 23.8.

a. The shortest straight line distance in feet from the nearest property or lot boundary to the nearest element, including roof overhangs, of a main or accessory building, structure, sign or the like located on the same property or lot, except as exempted by subsection C.2 of this section.

Covered Porch in Front Setback

b. For multiple frontage lots, a 20 foot setback must be maintained adjacent to any public or private street. The Town Engineer and Planning and Zoning Administrator may reduce this requirement for side setbacks, but in no case may the setback be less than that required by the zoning district.

c. For “flag” lots, the driveway, or “pole,” portion of the lot shall not be used to satisfy front setback requirements. The front setback shall be measured within the area of the “flag” portion of the lot closest to any public or private street.

d. The front setback of a commercial corner lot is measured from the property line along the major street as determined by the Town Engineer.

e. For irregular, triangular or gore lots the rear setback is measured from the rear lot line, which as defined herein, is a line entirely within the lot at least ten (10) feet long and parallel and most distant from the front lot line.

Yards, established by required setbacks, shall be open and unobstructed from the ground to the sky except for the following:

a. Sills and lintels around doors or windows, bay windows and ornamental features attached to the building may extend two (2) feet into the required front, side and rear setbacks.

b. Balconies and stairs may extend four (4) feet into the required front, side and rear setbacks provided a minimum distance of five (5) feet is maintained from the side lot line.

c. Terraces, covered and uncovered porches and platforms which are not higher than three (3) feet above the adjacent natural ground level, that are attached to the house and open on three (3) sides, may extend into the required setbacks as follows:

i. Front: fifty percent (50%).

ii. Side: fifty percent (50%), provided a five (5) foot distance is maintained from the side lot line.

iii. Rear: up to ten (10) feet from the rear lot line.

d. Cornices, roof eaves and/or rafters, canopies, and awnings, not attached to porches, may extend five (5) feet into the required front, side and rear setbacks, provided three (3) feet is maintained from the side lot line.

e. Chimneys may extend two (2) feet into the required front, side or rear setbacks.

f. Mechanical equipment such as air conditioners and pool pumps may be placed in the required side and rear yard setbacks, provided a minimum three (3) foot access way is maintained along one side of the building to allow for maintenance and emergency purposes. Screening is required as referred to in Section 23.6.A.6.

g. Setbacks for an attached feature of a main or accessory building, as provided in subsections C.2.a through C.2.f of this section, may be further encroached upon by an additional twenty percent (20%) when all of the following applies:

i. The nearest property line to the attached feature abuts a property where no building or occupancy could take place such as common areas, riparian or open spaces excluding areas of ingress/egress.

ii. A minimum six (6) foot solid wall is added to obscure the view of the building.

iii. A minimum of three (3) feet is maintained from the property line.

In no case will an element of the main or accessory building be permitted to extend into, or be built above or over, an area intended to remain clear and unobstructed such as a designated environmentally sensitive area or ingress/egress.

h. Residential setback reductions associated with the keeping of chickens must be approved by the Planning and Zoning Administrator if the site is too small to accommodate a chicken coop or pen, subject to the following:

i. The site must be a detached single-family residential property that is one-half (1/2) acre (twenty-one thousand seven hundred eighty (21,780) square feet) or less.

ii. The extent of any reduction is limited to the longest distance feasible to enable the keeping of chickens as determined by the Planning and Zoning Administrator.

i. Residential setback reductions may be approved by the Planning and Zoning Administrator subject to the following:

This code provision shall apply to the following:

a) Single-family dwelling units.

b) Detached accessory structures.

ii. The setback reduction procedure shall not apply to any proposed setback reduction that results in:

a) Changes to a subdivision design. Setback reduction requests shall be considered individually on a parcel-by-parcel basis. In no instance shall this code provision be applied as part of the rezoning, final design review or platting process.

b) An increase in the permitted lot coverage for a detached accessory structure.

c) A change to a development standard that was previously reduced through a separate modification or variance.

d) A change to a development standard that was a condition of approval for a rezoning or conceptual site plan.

e) A modification of a requirement of an overlay zone, scenic corridor, or the environmentally sensitive lands ordinance including, but not limited to, setbacks (Section 27.10.F.3.b) and flexible design options (Section 27.10.F.2.c).

f) An additional setback encroachment than what is permitted in this subsection C.2.

g) A change to the setback requirements for multiple frontage lots as defined in subsection C.1.b of this section.

iii. All residential setback reduction requests must meet the following standards:

a) A front, rear or side yard building setback may be reduced by less than ten percent (10%) to a maximum of five (5) feet from any property line.

b) Requests may not be materially detrimental to directly affected properties including safety, views, noise, health, and general welfare as determined by the Planning and Zoning Administrator.

c) Requests are subject to conditions, as determined by the Planning and Zoning Administrator, to mitigate any potential negative impacts.

d) All requests must be unopposed by all directly affected properties as defined in subsection C.2.i.iv of this section.

iv. All directly affected property owners must be notified by mail and include:

a) All property owners adjacent to the applicant’s property for a front yard setback request.

b) All property owners abutting the applicant’s property for a side or rear yard setback request.

c) Additional properties when it is apparent they will be materially affected by the request as determined by the Planning and Zoning Administrator.

v. Determination and action if there is opposition to the request by directly affected property owners:

a) Affected property owners have fifteen (15) days after date of mailing to respond; if no response in opposition is received by Town staff, the application shall be considered unopposed.

b) If a response in opposition to a setback reduction request is received within the fifteen (15) day comment period by a directly affected property owner, the Planning and Zoning Administrator may meet with the opposing property owner and applicant to reach a consensus.

c) If opposition remains, the application must be denied.

a) The Planning and Zoning Administrator may approve, approve with conditions, or deny the setback reduction request upon evaluation of code compliance.

b) A decision by the Planning and Zoning Administrator may be appealed to the Board of Adjustment in accordance with Section 22.12.

c) The applicant retains the ability to apply for a variance as provided in Section 22.13.

((O)24-08 , 09/18/24; (O)20-09 , 10/07/20; (O)18-15 , 10/03/18)

This is the maximum ratio of gross building floor area to the net lot area of the building site.

This is the minimum percentage of open space relative to the net lot area.

Section 23.6 Property Development Standards for Single-Family Residential Districts

The following property development standards shall apply to all land and buildings in single-family residential districts. Specific lot sizes, setbacks, and criteria which vary among individual single-family residential districts are identified in subsections A through H of this section. Alternative development standards in Section 27.10.B.3 (environmentally sensitive lands) may be applied at the request of the property owner upon satisfaction of applicable ESL review criteria.

Within the R1-144, R1-72, R1-43, and R1-36 Districts, more than one (1) single-family dwelling may be erected upon any one (1) lot. The following provisions shall apply:

a. An unobstructed access way for ingress/egress shall be provided for each dwelling.

i. If such access way is intended to serve one (1) dwelling, the way shall be a minimum of fifteen (15) feet wide.

ii. If such access way is intended to serve two (2) or more dwellings, the way shall be a minimum of twenty (20) feet wide.

b. Each dwelling shall be situated so that if the property were to be divided, each resulting lot with a dwelling would conform to the provisions of this section.

2. Recodified by (O)24-12.

Walls and fences shall be located in accordance with the following standards:

a) Walls equal to or less than four (4) feet six (6) inches in height may be located on the property line. Walls taller than four (4) feet six (6) inches in height must meet the front setback of the applicable zoning district.

b) The supporting columns, posts and door frames for pedestrian entry features associated with courtyard walls, that do not provide usable interior space, may be built in the same location as the front yard wall and shall not exceed eight (8) feet in height.

c) The supporting columns, posts and frames for vehicular entry gates located at the main access to the lot may be built up to five (5) feet from the front lot line and shall not exceed nine (9) feet in height.

ii. Side: Walls equal to or less than six (6) feet in height may be located on the property line. Walls taller than six (6) feet must meet the side setback of the applicable zoning district.

iii. Rear: Walls equal to or less than six (6) feet in height may be located on the property line. Walls taller than six (6) feet must meet the rear setbacks of the applicable zoning district.

b. Walls abutting an arterial or collector street, either in the front, side or rear yard, may be up to two (2) feet taller than subsections A.3.a.i through A.3.a.iii of this section.

c. Wall placement shall consider drainage, easements, topography and abutting properties.

d. Refer to Section 23.5.A.2 for special requirements regarding corner lots.

Swimming pools shall meet the screening requirements of the most current edition of the International Building Code.

All lots shall have vehicular access to a dedicated street unless a secondary means of permanent vehicular access has been approved.

Mechanical equipment shall be screened by a minimum four (4) foot solid wall except when located:

a. Inside a yard that is screened by a minimum four (4) foot solid wall and placed no further than ten (10) feet from the screen wall.

b. Greater than forty (40) feet from the property line and indiscernible to an adjacent neighbor due to opaque vegetation or topography.

Small animal husbandry and livestock shall be in accordance with the following standards:

a. Small animal husbandry and livestock shall be permitted as an accessory use on detached single-family residential properties.

b. The number of small animals and livestock permitted shall be based on the lot size of the property in accordance with Table 23.6.1.

Type of Animal Permitted	≤21,780 sq ft	21,781 – 35,999 sq ft	36,000 – 41,999 sq ft	42,000 – 143,999 sq ft	144,000 – 299,999 sq ft**	≥ 300,000 sq ft**
Small Animal Husbandry
Chickens	6	6	6	10	24	24
Ducks, other fowl types, rabbits, and other similar small animals		2	2	4	6	6
Bees
Bee boxes					6	8
Livestock
Horses, cattle, goats, miniature goats, pot-bellied pigs, sheep, other similar large livestock			4*	4*	6	10

*Miniature goats only (excluding males).

**A conditional use permit is needed to increase animal limits as shown in the table for lots with more than one hundred forty-four thousand (144,000) square feet.

i. Small animals and livestock are prohibited from running at large.

ii. Male fowl, including roosters, are prohibited.

iii. Swine are prohibited, except pot-bellied pigs.

iv. Feed must be stored in an insect-proof and rodent-proof container.

v. Composted manure shall be maintained in a manner which prevents migration of insects.

vi. Water sources shall have adequate overflow drainage.

vii. Slaughtering animals on site is prohibited.

i. Small animal husbandry is restricted to the rear yard of the property.

ii. Livestock are allowed in the front, side, or rear yard of the property.

i. Small animal husbandry enclosures must be in accordance with main building setback standards, except for properties one-half (1/2) or less as follows:

a) Chickens enclosures must be at least twenty (20) feet from a neighboring property.

b) Setback reductions are permitted per Section 23.5.C.2.h.

ii. Structures for livestock must be kept in accordance with detached accessory building setback standards.

i. Small animal husbandry and livestock must be entirely contained within a fence or structure.

ii. For lots less than twenty-one thousand seven hundred eighty (21,780) square feet, the area for chickens is limited to a maximum of two hundred (200) square feet and a maximum height of eight (8) feet.

iii. Enclosures shall be maintained and manure picked up and disposed of or composted at least twice a week.

iv. Enclosures for small animal husbandry shall be screened from view of adjacent properties and/or street.

((O)24-12 , 12/04/24; (O)24-08 , 09/18/24; (O)18-15 , 10/03/18; (O)16-16 , 12/07/16; (O)11-15 , 05/18/11; (O)11-01 , 02/16/11)

The provisions of subsection A of this section shall apply. The following additional requirements shall apply in this district:

a. Minimum site: twenty-five (25) acres.

b. Minimum runway length: one thousand five hundred (1,500) feet.

2. Setback of airport facilities: ten (10) feet from all property lines.

a. If located with aircraft (taxiway) access to an airport, each lot may have one (1) accessory building suitable for the storage of aircraft.

b. Maximum height: thirty-four (34) feet.

c. Setbacks: twenty (20) feet from property line or edge of street, whichever is most restrictive.

d. Minimum distance between buildings: ten (10) feet.

Allowance of aviation fuel storage and dispensing at 13100 N. Tailwind Dr. within the La Cholla Airpark

a. Permitted coverage: ten percent (10%) of the total area of rear and side yard.

Front Lot Line for Lindbergh Drive Property

b. Minimum distance between buildings: ten (10) feet.

c. Accessory buildings shall not exceed the height of the main building.

d. Accessory buildings are permitted in the front yard subject to the following:

i. No individual structure may exceed two thousand (2,000) square feet in size. The permitted coverage for all structures shall not exceed ten percent (10%) of the total front yard area;

ii. Barns and other livestock structures may be larger than two thousand (2,000) square feet if approved by the Planning and Zoning Administrator. Only one (1) accessory structure of this type is permitted;

iii. No more than two (2) accessory structures are permitted (not including hangars).

i. Fifty (50) feet front;

ii. Ten (10) feet side and rear;

iii. Twenty (20) feet side when located within the front yard.

5. Buildings, corrals or other livestock structures must be placed one hundred (100) feet from all property lines. This setback may be reduced to fifty (50) feet if a solid wall a minimum of six (6) feet high is provided to restrict view and sound.

((O)24-12 , 12/04/24; 6/11 supplement, 06/11; (O)10-10, 09/01/10)

The provisions of Section 23.6.A and 25.2.A shall apply. The following additional requirements shall apply in this district:

Twenty (20) feet from side and forty (40) feet from rear if building is not used for poultry or animals; one hundred (100) feet if building is used for poultry or animals, except that it may be reduced to fifty (50) feet if a solid wall a minimum of six (6) feet high is provided to restrict view and sound.

2. Accessory buildings are permitted in the front yard, subject to the following:

a. Front setback: fifty (50) feet.

b. Side setback: twenty (20) feet.

c. Lot coverage: twenty percent (20%) of front yard area.

d. Buildings used for livestock or poultry shall maintain one hundred (100) foot setbacks from all property lines, except that it may be reduced to fifty (50) feet if a solid wall a minimum of six (6) feet high is provided to restrict view and sound.

e. No more than two (2) accessory buildings are permitted in front yard.

f. No individual accessory building may exceed one thousand five hundred (1,500) square feet.

g. Accessory buildings shall not exceed one hundred twenty percent (120%) of the height of the main building, or eighteen (18) feet, whichever is lower.

h. Section 25.2.A.1.c shall not apply in this district.

((O)24-12 , 12/04/24; (O)12-08 , 06/06/12)

The provisions of Sections 23.4, 23.6.A and 25.2.A shall apply. The following additional requirements shall apply in this district:

1. Detached Accessory Buildings Setbacks:

Side and rear: thirty-five (35) feet.

2. Grading Limits:

Twenty thousand (20,000) square feet.

((O)24-12 , 12/04/24; (O)24-08 , 09/18/24)

The provisions of Sections 23.4, 23.6.A and 25.2.A shall apply. The following additional requirements shall apply in this district:

Side and rear: fifteen (15) feet.

((O)24-12 , 12/04/24; (O)24-08 , 09/18/24)

The provisions of Sections 23.4, 23.6.A.3 and 25.2.A shall apply.

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

The provisions of Sections 23.4, 23.6.A and 25.2.A shall apply.

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

Open Space and Buffer Yard Standards for Hallaq Properties

The provisions of Section 23.4, 23.6.A.3 and 25.2.A shall apply. The following additional requirements shall apply in this district:

Permitted coverage: fifteen percent (15%) of total area of rear and side yard.

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

The provisions of Section 23.4, 23.6.A and 25.2.A shall apply. The following additional requirements shall apply in this district:

Permitted coverage: fifteen percent (15%) of total area of rear and side yard.

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

The provisions of Section 23.4 shall apply. The following additional requirements shall apply in this district:

A minimum of twenty (20) feet shall be provided between all dwellings, including carport, patio, or porch overhangs.

a. Permitted coverage: Fifteen percent (15%) of the total area of rear and side yard.

b. Minimum distance to side and rear lot lines: five (5) feet.

Dwellings within this district shall comply with the following design standards for the purposes of providing adequate light and air, improving safety, and affording compatible community design:

a. All dwellings shall have a minimum width of sixteen (16) feet and shall contain at least six hundred forty (640) square feet.

b. All dwellings shall be attached to a permanent foundation.

c. The roof shall have a minimum two to twelve (2:12) roof pitch and shall have a surface of asphalt composition, concrete or clay tile, fiberglass or metal tiles, slate, or other materials of like appearance and color as approved by the Building Official and the Planning and Zoning Administrator (PZA). PZA decisions may be appealed to the Board of Adjustment.

d. Exterior siding materials shall consist of wood, masonry, concrete, stucco, masonite, or other materials of like appearance as approved by the Building Official, Planning and Zoning Administrator, and the Planning and Zoning Commission.

e. All dwellings shall be constructed in accordance to standards established by the State, as amended from time to time, or the National Manufactured Housing Construction and Safety Standards Act for manufactured homes. Each of these codes shall be applicable to the specific structure as defined therein.

f. As appropriate, skirting of a compatible material and color to the dwelling shall be installed to screen any area between the floor of the dwelling and the permanent foundation.

g. Utility lines shall be buried, and utility-related equipment, including air-cooling devices, shall be screened from view as observed from public or private thoroughfares.

h. All towing devices, wheels, axles, and hitches must be removed.

Any site delivered housing subdivision completed prior to the adoption of the ordinance codified in this chapter, whether approved by Oro Valley or Pima County, retains the right to replace dwellings and accessory structures on existing lots, regardless of lot size. Replacement dwellings and accessory structures shall comply with the requirements of Section 23.1.B and subsection I of this section with the following exceptions:

a. Replacement dwellings may be of a material and color similar to that of the home being replaced;

b. Replacement dwellings shall be a similar building height to the existing home and shall not exceed eighteen (18) feet or one (1) story;

c. The method of anchoring the replacement dwelling to the ground may be similar to that of the dwelling to be replaced;

d. The replacement dwelling shall, at a minimum, comply with the following setbacks:

i. Front: Ten (10) feet;

ii. Side: Five (5) feet on the right side and fifteen (15) feet on the left side, as viewed from the front of the lot;

iii. Rear: Five (5) feet;

iv. A minimum spacing of twenty (20) feet shall be maintained between all dwellings;

v. Replacement dwellings on corner lots shall not be located any closer to a public or private street than the home being replaced;

vi. New accessory structures shall comply with the setbacks required in subsections J.4.d.i, J.4.d.ii, and J.4.d.iii of this section;

e. As applicable, replacement dwellings shall provide skirting. Acceptable skirting materials include aluminum, wood, and masonry;

f. Detached accessory structures not in conformance with this Code may be replaced and expanded so long as the replacement or expansion does not increase the degree of nonconformance with this Code;

g. Replacement dwellings may utilize roof-mounted air-cooling devices.

All dwellings, except those provided for in Section 23.6.J.4, shall be required to obtain architectural approval from the Planning and Zoning Commission in accordance with the procedures outlined in Section 22.9.

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

Section 23.7 Property Development Standards for Multifamily Residential Districts

Alternative development standards in Section 27.10.B.3 (environmentally sensitive lands) may be applied at the request of the property owner upon satisfaction of applicable ESL review criteria.

a. Section 23.6.A.3 shall apply to individual townhome lots or properties built with a single-family home.

a. Section 23.5.C.2 shall apply to single-family home properties built in a multifamily residential district.

((O)24-12 , 12/04/24; (O)18-15 , 10/03/18; (O)11-01 , 02/16/11)

The provisions of Section 23.4 and the following additional requirements shall apply in this district:

The minimum gross land area per dwelling unit shall be five thousand four hundred fifty (5,450) square feet.

A minimum of ten percent (10%) of the total gross land area of the development shall be set aside as open space in the following proportions, unless the overall density of the development is less than five (5) units per acre:

a. Recreational space shall be provided, subject to the requirements in Section 26.5 and the following:

i. All accessory buildings for recreational purposes shall not occupy more than fourteen percent (14%) of the total area reserved for recreation uses and other common landscaped areas.

b. The remainder of the required open space shall be provided in common open space.

a. Wherever an R-4 development abuts an R-1 District or an alley abutting R-1 Districts, the following shall apply:

i. A setback of not less than thirty (30) feet shall be maintained for single-story structures.

ii. An additional depth of ten (10) feet shall be provided for each additional story.

b. Wherever an R-4 development abuts any district other than R-1, or abuts an alley adjacent to such other district, a setback not less than ten (10) feet in depth shall be maintained.

c. Repealed by (O)11-15.

d. No building or part thereof shall be erected or altered in this district that is nearer a dedicated street or private street than twenty (20) feet, except that the average setback from any dedicated street shall be at least twenty-five (25) feet.

e. Repealed by (O)11-15.

f. A minimum distance of ten (10) feet shall be provided between all detached units.

((O)23-04 , 10/18/23; (O)18-12 , 07/18/18; (O)11-15 , 05/18/11; (O)11-01 , 02/16/11)

The provisions of Section 23.4 and the following additional requirements shall apply in this district:

a. The minimum gross land area per guest room shall be four thousand two hundred fifty (4,250) square feet.

b. The minimum gross land area per dwelling unit shall be fifteen thousand (15,000) square feet.

c. The total acreage required by subsections C.1.a and b of this section shall not exceed the gross acreage of the property.

a. Building coverage shall not exceed an aggregate area of twenty-five percent (25%), excluding parking areas.

b. Sites developed with residential uses shall provide recreational space, subject to the requirements in Section 26.5.

c. Recreational facilities associated with a resort, and accessible to residents, may be credited towards the recreation requirements.

a. From perimeter streets: One hundred (100) feet

b. From the property line of any R-1 district: One hundred (100) feet

c. From the property line of any district other than R-1: Fifty (50) feet

d. Exceptions:

i. The above setbacks do not apply to buildings which meet the following:

a) Used only for guest rooms that are detached from central hotel facilities or for dwelling units.

b) A maximum of one (1) story in height.

e. All buildings shall meet the following minimum setbacks: Thirty (30) feet adjacent to all perimeter property lines, including property lines abutting perimeter streets, except that the minimum setback shall be only twenty (20) feet adjacent to those perimeter property lines that abut districts other than R-1.

f. The yards adjacent to perimeter streets shall be maintained as open space except for pedestrian and vehicular access ways and buildings as allowed in the exceptions.

i. Walls, fences and walled driveway entrances shall not exceed three (3) feet in height in the required one hundred (100) foot yard along street frontages and in the ten (10) feet adjacent to the street where a thirty (30) foot setback is allowed along street frontages. Those yards must be maintained as landscaped open space and may be penetrated by pedestrian and vehicular access ways only. Walled driveway entrances not to exceed six (6) feet in height shall be permitted within the setback requirements if such entrance is compatible with the surrounding development.

ii. Tennis courts shall have a fence a maximum height of twelve (12) feet and shall have a natural vegetated buffer or landscape screen a minimum of ten (10) feet wide provided and maintained on any abutting lot line.

((O)23-04 , 10/18/23; (O)11-01 , 02/16/11)

The provisions of Section 23.4 and the following additional requirements shall apply in this district:

Whenever dwelling units are to be built as townhouses, the development standards in Section 23.7.B shall apply. Section 25.2.A is applicable to properties built with single-family dwellings.

The minimum gross land area per dwelling unit shall be five thousand four hundred fifty (5,450) square feet.

a. There shall be a minimum of thirty-six percent (36%) of the net lot area in open space.

b. Open space shall be provided in the following proportions:

i. A minimum of twelve percent (12%) of the net lot area shall be provided as frontage open space to provide a setting for the building, visual continuity within the community and a variety of spaces in the streetscape, except that the frontage open space shall not be required to exceed fifty (50) square feet per one (1) foot on public street frontage excluding drives.

Exception: Where a lot has two (2) or more street frontages, there shall be no less than twenty (20) square feet of open space per one (1) foot of street frontage for one (1) street and no less than ten (10) square feet of open space per one (1) foot of street frontage excluding drives for other street(s). In no case shall a building be closer than twenty (20) feet to the front lot line.

ii. A private outdoor living space shall be provided adjoining each dwelling unit equal to a minimum of twenty percent (20%) of the gross size of the dwelling unit, except that dwelling units above the first story shall provide space equal to a minimum of ten percent (10%) of the gross size of the dwelling unit. Outdoor living space on the ground level may be included in the open space requirements.

iii. Sites developed with residential uses, or a combination of residential and nonresidential uses, shall provide recreational space subject to the requirements in Section 26.5.

iv. The remainder of the required open space shall be provided in common open space.

a. If the R-S development abuts a Single-Family Residential District or an alley abutting a Single-Family Residential District, the Town Council may limit the building height to one (1) story. The Planning and Zoning Commission shall provide a recommendation to the Town Council regarding the building height limitation.

a. Wherever an R-S development abuts an R-1 or R-4 District, or an alley abutting any of those districts, a building setback of not less than forty (40) feet shall be maintained, except that covered parking may be constructed adjacent to the required bufferyard.

b. Wherever an R-S development abuts any district other than R-1 or R-4 or abuts an alley adjacent to such other district, a building setback of not less than twenty (20) feet shall be maintained except that covered parking may be constructed adjacent to the required bufferyard.

c. Larger setbacks may be required if the existing or future development of the area around the site warrants such larger setbacks.

d. All areas between a building and a street frontage, except for access drives and walks, shall be open space. Where parking occurs between a building and street, an area thirty-five (35) feet in depth between the street and parking shall be maintained in a landscaped setting. This depth may be decreased to a minimum of twenty (20) feet if special circumstances warrant approval by the Planning and Zoning Commission, such circumstances being:

i. Depressed parking.

ii. Wall and berming.

i. Walls and fences within the required frontage open space may not exceed three (3) feet in height or except as otherwise approved by the Building Official and the Planning and Zoning Administrator. Decisions may be appealed to the Town Council.

a. Keeping of chickens is only permitted on detached single-family residential properties less than one-half (1/2) acre (twenty-one thousand seven hundred eighty (21,780) square feet) as a noncommercial accessory use.

b. The development standards in Section 23.6.A.7 shall apply.

((O)24-12 , 12/04/24; (O)24-08 , 09/18/24; (O)23-04 , 10/18/23; (O)22-01 , 01/05/22; (O)18-12 , 07/18/18; (O)17-05 , 06/07/17; (O)11-15 , 05/18/11; (O)11-01 , 02/16/11)

The provisions of Sections 23.4, 25.2.A and the following additional requirements shall apply in this district:

Whenever dwelling units are to be built as townhouses, the development standards in Section 23.7.B shall apply with the exception of density (Section 23.7.E.2) and building height (Section 23.7.E.4).

The minimum gross land area per dwelling unit shall be three thousand five hundred (3,500) square feet, except that: the minimum gross land area per dwelling unit may be increased if based on conditions unique to the site as recommended by the Planning and Zoning Commission and approved by the Town Council.

Development of all R-6 zoned property shall provide a minimum of thirty-five percent (35%) of the net lot area as open space in the following proportions:

a. Repealed by (O)23-04.

b. Sites developed with residential uses, or a combination of residential and nonresidential uses, shall provide recreational space subject to the requirements in Section 26.5 and the following:

i. Portions of the rear and side yards which are contiguous with, and an integral part of, the outdoor living space may be included in calculating the area and minimum dimensions of the recreation area.

ii. Pools and paved recreation areas may be developed as part of the required common space.

c. A private outdoor living space shall be provided adjoining each dwelling unit, equal to a minimum of twenty percent (20%) of the gross size of the dwelling unit, except that dwelling units above the first story shall provide such space equal to a minimum of ten percent (10%) of the gross size of the dwelling unit. Outdoor living space on ground level may be included in the open space requirement.

i. Outdoor living areas shall be reasonably accessible to dwelling units served.

ii. Driveways and landscaping within driveway areas shall not be included in calculations of outdoor space.

d. The remainder of the required open space shall be provided in common open space.

a. If the R-6 development abuts an R1-144, R1-43, R1-36, or R1-20 Single-Family Residential District the building height shall be limited to single story with a maximum exterior height of eighteen (18) feet within one hundred (100) feet of these districts.

b. If the R-6 development abuts an R1-10, R1-7, R-4, R-S, R-4R, or another R-6 Residential District, building height may be limited to single story, with a maximum exterior building height of eighteen (18) feet, within fifty (50) feet as may be recommended by the Planning and Zoning Commission and approved by Town Council.

a. Between two (2) single-story structures: Ten (10) feet;

b. Between a single-story and a two (2) story structure: Fifteen (15) feet;

c. Between two (2) two (2) story structures: Twenty (20) feet.

a. Walls and fences within the required front setback are limited to three (3) feet, unless otherwise approved by the Building Official or Planning and Zoning Administrator. Decisions may be appealed to the Town Council.

b. All areas between a building and a street frontage except for access drives and walks shall be open space. Where parking occurs between a building and the street, an area thirty-five (35) feet in depth between the street and parking shall be maintained in a landscaped setting. This depth may be decreased to a minimum of twenty (20) feet if special circumstances warrant approval by use permit or Planning and Zoning Commission approval, such circumstances being:

i. Depressed parking;

ii. Wall and berming.

b. The development standards in Section 23.6.A.7 shall apply.

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

Section 23.8 Property Development Standards for Nonresidential Districts

Alternative development standards in Section 27.10.B.3 (environmentally sensitive lands) may be applied at the request of the property owner upon satisfaction of applicable ESL review criteria.

((O)11-01 , 02/16/11)

a. Commercial uses shall be no greater than five thousand (5,000) square feet of gross floor area per individual business, except that drug stores, grocery stores and hardware stores shall be no greater than nine thousand (9,000) square feet.

b. Expansions of commercial uses beyond these floor area limits may be allowed with a conditional use permit.

c. The aforementioned square footage limits do not apply to buildings used for residential, public, institutional, civic, office, and senior care purposes.

d. Residential units may comprise no more than fifty percent (50%) of the total gross floor area of the development nor occupy more than fifty percent (50%) of the site by area.

e. The minimum gross land area per residential dwelling unit shall be three thousand five hundred (3,500) square feet.

a. If a contiguous residential district has a more restrictive height standard, all buildings within eighty-five (85) feet of the property line of contiguous R-1 single-family residentially zoned property shall conform to that more restrictive standard of the contiguous zone.

b. Architectural design features such as cornices, lintels, caps, parapets or other similar elements to vary the roof line or screen mechanical equipment may exceed this limitation by no more than ten (10) feet.

a. The design of the site shall include a landscaped courtyard(s) or pedestrian mall with buildings enclosing the courtyard and opening onto the courtyard from at least two (2) sides.

b. The courtyard or mall should contain all or a portion of the required public art.

c. The courtyard(s) or pedestrian mall shall be a minimum of two percent (2%) of the net lot area of the site in square feet, which shall be considered to be part of any required open space.

d. The courtyard or pedestrian mall shall contain shaded seating areas for employees and patrons, and may include benches or seat walls, planters with specimen landscape trees, and potted plants to provide shade and visual interest.

Front: twenty (20) feet or where adjacent to a residential district, the front setback regulations of the residential district shall apply; whichever is greater.

i. Fifty (50) feet or 3:1 (setback to building height) where the lot abuts a property used or intended for residential purposes, whichever is greater.

ii. Twenty-five (25) feet where the lot abuts a multi-family residential or nonresidential district.

a. Service and delivery operations are allowed only between 6:00 a.m. and 9:00 p.m., Monday through Saturday and 7:00 a.m. to 7:00 p.m. on Sundays. These hours must be posted in all service and delivery areas. Hours may be extended with a Conditional Use Permit.

b. Outdoor speakers are prohibited. Outdoor entertainment shall be limited to 9:00 a.m. to 10:00 p.m., seven (7) days a week.

a. Where feasible, buildings shall be placed to the front of the property to visually reinforce the streetscape and promote a human-scale, pedestrian and bicycle friendly design.

b. Buildings may only be set back beyond the setback line as necessary to accommodate shop entrances, arcades, plazas, sidewalk dining areas, or other approved amenities, parking areas, or landscaping.

c. Parking in front of buildings is limited to fifteen percent (15%) of the total required off-street parking spaces.

d. Well-defined pedestrian sidewalks, bicycle lanes, or shared-use paths shall connect to existing walks, lanes, or paths to adjacent developments.

a. A minimum of eighty-five percent (85%) of the required parking shall be placed behind or to the side of buildings.

b. Parking placed in front of the buildings shall be accessed from a single access lane or may be provided on-street in front of the building, subject to approval by the Engineering Division.

c. Parking design shall minimize noise and light pollution impacts to adjacent residential properties.

a. Residential uses, which include condominiums, townhomes, and apartments, shall be physically and functionally integrated with commercial uses by utilizing one (1) or more of the following design strategies:

ii. Nonresidential uses shall provide pedestrian paths linking them with multi-family residential uses on the property.

b. A shared or private outdoor living area of at least one hundred fifty (150) square feet shall be provided for each residential unit. Covered porches and patios may be provided to satisfy this requirement.

c. Private outdoor living areas shall be screened from parking areas and adjacent uses with an architecturally compatible opaque fence or wall with a minimum height of five (5) feet.

d. Underground parking or first floor garages are encouraged. For each two (2) square feet of underground or first floor garage, one (1) square foot of additional floor area is permitted.

The development shall reflect the architectural themes and colors of adjacent residential developments utilizing materials appropriate for commercial construction. The architecture shall comply with all design standards and guidelines.

((O)20-06 , 07/15/20; (O)15-16 , 11/08/15; (O)11-02 , 02/02/11)

a. Uses shall be no greater than sixty thousand (60,000) square feet of gross floor area per individual business.

b. Expansions of uses beyond sixty thousand (60,000) square feet of gross floor area per individual business may be allowed with a conditional use permit.

Architectural design features such as cornices, lintels, caps, parapets or other similar elements to vary the roof line or screen mechanical equipment may exceed this limitation by no more than ten (10) feet.

C-N standards apply.

((O)20-06 , 07/15/20; (O)17-05 , 06/07/17; (O)11-15 , 05/18/11; (O)11-01 , 02/16/11)

C-N standards apply.

((O)20-06 , 07/15/20; (O)17-05 , 06/07/17; (O)11-15 , 05/18/11; (O)11-01 , 02/16/11)

No building shall exceed one (1) story and the exterior height shall not exceed twenty-four (24) feet. The following increased building heights are subject to Planning and Zoning Commission approval:

a. Architectural elements, such as bell towers, may exceed this limitation by no more than ten (10) feet. The number of steeples, spires, towers or campaniles or similar structures is limited to one (1) unless otherwise approved by the Planning and Zoning Commission.

b. Auditoriums up to forty-five (45) feet.

c. Gymnasiums up to thirty-six (36) feet.

i. Fifty (50) feet from any abutting residential district, R1-36, R1-43, R1-144, R-4, R-S or R-6.

ii. Twenty (20) feet from any abutting commercial district, T-P, C-1, C-2, C-N or other PS properties.

If the PS parcel is abutted by an R-1 District, the setback requirements of that abutting district shall apply to the PS residence. If the property abuts other than an R-1 District, the setbacks outlined in Section 23.6.C (R1-144 District) shall apply.

c. All recreational facilities and related apparatus shall be a minimum of one hundred (100) feet from all property lines. When adjacent to preserved open space or a recreational use, the Town Council may reduce the setback to ten (10) feet.

((O)17-05 , 06/07/17; (O)11-15 , 05/18/11; (O)11-01 , 02/16/11; (O)07-33, 09/19/07)

a. Architectural design features such as cornices, lintels, caps, parapets or other similar elements to vary the roof line or screen mechanical equipment may exceed this limitation by no more than ten (10) feet.

a. Ancillary uses may only be sited within a master planned development.

b. Ancillary uses shall be no greater than thirty percent (30%) of gross floor area per individual business, except that expansions may be allowed with a conditional use permit.

c. The gross floor area of ancillary uses, not contained within a primary use facility, is limited to no more than twenty percent (20%) of the total gross floor area of the development.

a. A portion of the development shall be oriented towards a landscaped courtyard or mall with seating areas and all or a portion of the required public art.

b. The courtyard or mall shall be a minimum of two percent (2%) of the net lot area of the site in square feet, which shall be considered to be part of the required open space.

c. The courtyard/mall requirement may be waived or reduced by Town Council based on a suitable alternative design solution.

Twenty (20) feet or where adjacent to a residential district, the front setback regulations of the residential district shall apply, whichever is greater.

i. Fifty (50) feet or 3:1 (setback to building height) where the lot abuts a property used or intended for residential purposes, whichever is greater.

ii. Twenty-five (25) feet where the lot abuts a multi-family residential or nonresidential district.

((O)20-06 , 07/15/20; (O)17-05 , 06/07/17; (O)11-15 , 05/18/11; (O)11-01 , 02/16/11)

The aggregate area of the building(s) shall not occupy more than fifteen percent (15%) of the lot, excluding parking areas.

No building shall exceed one (1) story and the exterior height shall not exceed twenty-five (25) feet. The following increased building heights are subject to DRB approval.

a. Gymnasiums up to thirty-six (36) feet.

b. Community center auditoriums up to forty-five (45) feet.

All recreational facilities (excluding trails, par courses, bikeways and similar amenities) and related apparatus shall be a minimum of fifty (50) feet from all property lines. When adjacent to preserved open space, the Town Council may reduce the setback to ten (10) feet.

Section 23.9 Property Development Standards for Planned Districts

Alternative development standards in Section 27.10.B.3 (environmentally sensitive lands) may be applied at the request of the property owner upon satisfaction of applicable ESL review criteria.

((O)11-01 , 02/16/11)

The following standards and requirements apply to all PAD Districts:

a. Minimum district size: Twenty (20) acres

b. Minimum open space requirement: Twenty percent (20%) of gross acreage of the PAD district.

c. Underlying zoning districts established:

i. All PAD development plans shall include underlying zoning designations. The underlying or base zoning districts are to be derived from existing Oro Valley zones and reflect the most logical designation in consideration of the proposed land use for a particular parcel, tract, block or planning unit. The development standards of the underlying zoning districts will prevail where the PAD does not specifically modify said standards.

ii. Underlying zoning districts shall be assessed by Town staff in determining adequacy for proposed land uses.

d. Modifications to the development standards of the underlying district may be permitted if they are found to offer a desirable improvement over the conditions produced by conventional zoning standards. The following standards may be modified:

i. Permitted and conditional uses,

ii. Area/volume ratios,

iii. Density,

iv. Building height,

v. Distance between buildings,

vi. Landscaping,

vii. Yards and setbacks,

viii. Walls, fences and required screening,

ix. Access.

e. A tabular summary comparing all requested modifications to the normal underlying district standards shall be included in the PAD text. The summary will include rationale supporting the requested modifications.

f. The applicant is required to meet with interested residents of adjacent neighborhoods prior to the Town scheduling the proposal for Planning and Zoning Commission public hearing. The purpose of preliminary neighborhood review shall be to provide direct infor-mation to area residents and land owners, resolve potential conflicts, assist in expediting Town review and provide for the preservation of the welfare of community residents. The applicant shall notify all residents’ participation groups and neighborhood associations on record with the Town and located within one (1) mile of the PAD boundary, the Oro Valley Planning and Zoning Department and all property owners within six hundred (600) feet of the rezoning. Notice of the application and meeting shall be by mail. A representative from the Planning and Zoning Department shall be invited to the neighborhood meeting. Notice of the neighborhood/applicant meeting shall be mailed no less than fifteen (15) days prior to the meeting date. Documentation of the attendees and minutes of the meetings shall be provided by the applicant to Town staff and the Commission.