Oro Valley City Zoning Code
CHAPTER 24
Supplementary District Regulations
Section 24.1 Tangerine Corridor Overlay District (TRCOD)
(Superseded by (O)11-01)
Section 24.2 Hillside Development Zone
(Recodified by (O)11-01)
Section 24.3 PRD Planned Residential Development Regulations
A. Purpose
The purpose of the Planned Residential Development District is to encourage imaginative and innovative planning of residential neighborhoods, to encourage the preservation of open space and significant natural features, to offer a wide variety of dwelling unit types, to permit greater flexibility in design of residential neighborhoods and to enable development of parcels of property that would be difficult to develop under conventional zoning and subdivision regulations.
((O)22-01, 01/05/22)
B. Applicability
These provisions apply to any application for a rezoning to the PRD District.
((O)22-01, 01/05/22)
C. Property Development Standards
1. General
All land uses in a PRD District shall conform to the allowable uses and standards of the underlying zoning districts.
Modification of the underlying district’s development standards may be allowed, as specifically permitted in this section, where that modification will produce a living environment, landscape quality, and lifestyle superior to that produced by the existing standards.
2. Maximum Property Size
No planned residential developments shall be established on any parcel in excess of one hundred sixty (160) acres of gross land area.
3. Minimum Number of Units and Maximum Density Requirements
a. There shall not be less than six (6) dwelling units in any planned residential development.
b. The density regulations of the zone in which the planned residential development is located are applied to the total area of the planned residential development rather than separately to individual lots.
c. A PRD will have a maximum base density as follows:
Table 24-2.
Zone | Maximum Dwelling Units per Gross Acre |
|---|---|
R1-36 | 1.0 |
R1-43 | 0.8 |
d. The density of a PRD may be increased from the base density as allowed by the criteria shown in the following table. Upon finding that one (1) or more of the criteria set forth in the table is exceeded to an extraordinary degree, the Town Council may approve a density increase greater than that specified in any single criteria but in no case to exceed a combined total of twenty percent (20%).
Table 24-3.
Activity | Increase From Base Density | Requirements |
|---|---|---|
Preservation of natural features | 5% | Preservation of natural features shall include the preservation of major washes, significant stands of native vegetation or other topographic or scenic natural features, provided such features are left in their undisturbed natural state. |
Provision of common open space | 5% | This shall mean the provision of common open space which is distinguishable by its quantity or quality and which is readily accessible to the residents of the development. |
Innovative site plan | 5% | An innovative site plan shall mean a site plan which features a street pattern which discourages through traffic, ensures the privacy of the residents of the development and is in harmony with the topography and other natural features. An innovative site plan could also include a variety of lot sizes and dwelling unit types. |
Interior amenities | 5% | Interior amenities shall mean the provision of private recreational facilities such as tennis courts, recreation centers, bike paths and equestrian trails which are accessible to the residents of the development. |
Substantial public benefit | 5% | Substantial public benefit shall mean the provision of public facilities that are both unusual in character and serve the needs of an area greater than the immediate development. No density increase for substantial public benefit may be approved unless the public facilities provided are in excess of the typically required street improvements, sidewalks, bike paths, equestrian trails and drainage facilities. |
4. Building Height
Building height shall not exceed eighteen (18) feet and shall not exceed one (1) story within fifty (50) feet of any R-1 District boundary line.
5. Design Criteria
The planned residential development shall observe the following design criteria:
a. The overall plan shall be comprehensive, embracing land, buildings, landscaping and their interrelationships and shall conform in all respects to all adopted plans of all governmental agencies for the area in which the proposed development is located.
b. Within the planned residential development, units may be established of any size whatever but shall be logical in size and shape and shall function by themselves and in relationship to other development units within the district or adjacent property.
c. The plan shall provide for adequate open space, circulation, off-street parking and pertinent amenities. Buildings, structures and facilities in the parcel shall be well integrated, oriented and related to the topographic and natural landscape features of the site.
d. The proposed development shall be compatible with existing and planned land uses and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood and community.
e. The internal street system shall not be a dominant feature in the overall design; rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities.
f. Common areas and recreational facilities shall be so located as to be readily accessible to the occupants of the dwelling units and shall be well related to any common open spaces provided.
g. Architectural harmony within the development and within the neighborhood and community shall be obtained so far as practicable.
((O)22-01, 01/05/22)
D. Application
The rezoning application shall follow the requirements of Section 22.3 with the following additions to enable the Planning and Zoning Commission and the Town Council to make the determination that the modification will produce a living environment, landscape quality, and lifestyle superior to that produced by the existing standards:
1. A written narrative and graphic material to illustrate the conditions that the modified standards will produce.
2. A general landscape plan.
((O)22-01, 01/05/22)
E. Review and Required Findings
The rezoning review shall follow the procedures of Section 22.3. Before approval of an application for a proposed PRD District, the Planning and Zoning Commission and Town Council must find:
1. That the development proposed is in substantial harmony with the General Plan of the Town of Oro Valley and can be coordinated with existing and planned development of surrounding areas.
2. That the streets and thoroughfares proposed are suitable and adequate to serve the proposed uses and the anticipated traffic which will be generated thereby.
3. The Planning and Zoning Commission and Town Council shall further find that the facts submitted with the application and presented at the hearing will establish beyond a reasonable doubt that the planned residential development will constitute a residential environment of sustained desirability and stability that will be in harmony with the character of the surrounding area; and that the sites proposed for public facilities such as schools, playgrounds and parks are adequate to serve the anticipated population.
((O)22-01, 01/05/22)
Section 24.4 Planned Area Development (PAD)
A. Purpose
The purpose of this Section is to improve and protect the public health, safety, and welfare by pursuing unified planning and development and provide for development proposals, which are superior to that which may occur under conventional zoning regulations and the following objectives:
1. To ensure that future growth and development which occurs is in accord with the adopted goals and elements of the general plan and all planning policies of the Town.
2. To encourage innovative site planning by providing:
a. Variety in individual lot sizes,
b. Variety in land uses,
c. Open space,
d. Preservation of natural topography,
e. Integrated circulation systems which provide for safe vehicular and pedestrian traffic interaction.
f. Solar design and water conservation features such as water harvesting, minimizing or eliminating use of turf in landscaping, incorporating design features which enhance and protect solar access and providing for solar orientation of structures.
3. To foster the safe and efficient use of the land.
4. To facilitate greater efficiency in design and provision of adequate public services and infrastructure.
5. To avoid the inappropriate development of lands and provide for adequate drainage and reduction of flood damage.
6. To encourage patterns of land use which decrease trip length of automobile travel and encourage trip consolidation.
7. To increase public access to mass transit, bicycle routes and other alternative modes of transportation.
8. To reduce energy consumption and demand.
9. To minimize adverse environmental impacts of development.
10. To foster a rational pattern or relationship between land uses for the mutual benefit of the community.
11. To protect existing neighborhoods from harmful encroachment by intrusive or disruptive development.
B. Applicability
These provisions apply to any application for a rezoning to the PAD District.
C. General Provisions
The following standards and requirements apply to all PAD Districts:
2. Minimum open space requirement: 20 percent of gross acreage of the PAD district.
3. Underlying zoning districts established:
a. 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.
b. Underlying zoning districts shall be assessed by Town staff in determining adequacy for proposed land uses.
4. 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:
a. Permitted and conditional uses,
b. Area/volume ratios,
c. Density,
d. Building height,
e. Distance between buildings,
f. Landscaping,
i. Access.
D. Application
The rezoning application shall follow the requirements of Section 22.3 with the following additions:
1. 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.
2. A separate landscape concept plan shall be prepared which addresses the treatment of vehicular use, open space, pedestrian areas, and buffering of adjacent properties and uses including landscape buffer widths.
3. A text furnishing additional information as needed, including background information, appropriate detailing of development concepts incorporating architecture, open space, support data, and market studies, shall be submitted. The text shall, for each underlying zoning district within the PAD, include a listing of the proposed permitted and prohibited land uses and a statement indicating the variance of those land uses to the underlying zoning district. Schedules of development shall be included in the PAD text. If development and construction of the entire PAD is not to occur simultaneously, a plan showing the boundaries of each development phase shall also be provided.
4. Open space details, including allocation, dedication, floodplain preservation and percentages, by type. The amount of open space, both natural and landscaped, shall be specified, and treatments, purposes and ultimate ownership and maintenance of open space shall be described.
E. Review Process
The rezoning review shall follow the procedures of Sections 22.3 and 22.15, with the following additions/modifications:
1. Public Hearings
A minimum of two (2) public hearings before the Planning and Zoning Commission shall be required in order to ensure adequate review time for Commissioners and interested members of the public. The final Commission public hearing shall not be scheduled prior to the submittal of the final PAD development plan.
2. Repealed by (O)11-15.
((O)16-02, 01/20/16)
F. General Plan Compatibility
As a component of approval, all proposed PADs must be found to be consistent with the adopted Oro Valley General Plan and any other applicable, adopted area, neighborhood or specific plans. Compatibility is required for all applicable General Plan elements and shall be determined in accordance with subsection G of this section.
Lack of compliance with the General Plan or its subsets may, solely, form the basis for PAD denial. Any PAD applicant who recommends deviation from the General Plan or other adopted plans shall concurrently apply for, and process, a plan amendment. Only upon approval of such an amendment may a non-complying PAD be subsequently approved.
G. General Plan Criteria
The following criteria are derived from the adopted Oro Valley General Plan. All PAD applications shall be evaluated utilizing these criteria. In order to approve a PAD, the Town Council must find eighty percent (80%) of the applicable criteria are adequately addressed in the PAD plan and text documents. All absolute criteria (shown in bold typeface) must be met by the proposed PAD.
1. Land Use Element
a. Varied types and intensities of development have been incorporated.
b. Site analysis information completely supports the land use proposals contained in the PAD.
c. A mix of housing types, such as single-family attached and detached, single-family cluster homes, patio homes, townhouses and apartments, is incorporated in the PAD.
d. The PAD promotes clustered (average density) developments to protect environmentally sensitive areas.
e. Higher density or intensity developments abutting lower density or intensity areas include buffering and shall substantially mitigate any negative impacts.
f. Residential neighborhoods are afforded multi-modal access to, and are in close proximity to, activity centers to minimize travel times.
g. Activity centers provide a wide range of appropriate services.
h. The PAD protects natural features through transfer of development densities and similar strategies.
i. Office, technical and corporate employment facilities are scaled to the surrounding area.
j. Campus-type employment is incorporated.
k. Multi-family residential development, at moderate to higher unit densities, has access to arterial or collector roadways.
l. Multi-family (apartment or condominium) developments have planned-in recreational facilities and other amenities.
m. Recreational facilities and appropriate links to open space amenities are provided.
2. Transportation Element
a. The Oracle Road Corridor is de-emphasized for high intensity development.
b. Bike lanes are included in all planned arterial improvements and on collectors deemed appropriate in the development review process.
c. Homeowners’ associations are required to maintain pedestrian-bicycle paths, within approved master-planned communities.
d. Bicycle parking facilities are provided.
e. Safe pedestrian/bicycle access to schools and parks is provided within the boundaries of the PAD.
f. Curvilinear residential streets patterns are incorporated.
g. Sidewalks or related pedestrian facilities are incorporated within neighborhoods.
h. All new roadway and future pedestrian-bicycle improvements meet public design standards.
i. Park-and-ride lots are incorporated with planned facilities.
j. Projects larger than 100 acres in size provide direct access to an arterial.
3. Economic Development Element
a. A favorable fiscal impact analysis.
4. Public Services and Facilities Element
a. School site planning has been addressed in large-scale planned communities.
b. One elementary school site of at least ten (10) acres has been reserved within developments for every 500 elementary school level students forecasted to live within the development.
c. Park/school combination site dedications are incorporated.
5. Community Design Element
a. Building height and bulk are moderate to low intensity, in harmony with individual site attributes.
b. Parking lots with greater than 20 car capacity are screened from adjacent uses and public thoroughfares.
6. Open Space/Recreation Element
a. Pedestrian, equestrian and bicycle trails are designated including picnic/rest areas.
b. Handicapped accessible facilities are provided to users.
c. Recreation and open space facilities are linked to the community open space network where appropriate.
d. Gateway treatments are incorporated at appropriate locations along the open space network.
e. Neighborhood scale recreation (at a suggested standard of three (3) acres per 1000 population) and appropriate linkages to existing and planned trail systems are provided.
7. Natural Resources Conservation Element
a. The floodplains of washes with a discharge greater than 1000 cubic feet per second (cfs) during the 100 year flood event and associated riparian habitats are preserved as natural open space except as stipulated in number 7.b.
b. Washes with a discharge greater than 100 cfs during the 100 year flood event and associated riparian habitats are preserved if vegetation and habitat quality are found to be unique by the Planning and Zoning Commission and Town Council.
c. Hydrologic studies of washes greater than 100 cfs discharge during the 100 year flood event are provided which include effects on riparian habitats.
d. Only native plant materials and approved Southern Arizona Water Resources Association plants are utilized.
e. Only floodplain compatible uses are proposed in flood prone areas.
f. When erosion protection is required, environmentally sensitive alternatives including geotextiles or gunite containing integral desert colors are utilized as opposed to concrete lining of water courses.
g. Indigenous (native desert) vegetation and riparian habitats are maintained and enhanced where possible.
h. Select native plant material, which is to be transplanted within the development or to approved sites outside the project limits.
i. Mass grading techniques are minimized for project development.
8. Safety Element
a. Bike paths are constructed, where feasible and appropriate, to separate pedestrian and bike traffic from motorized vehicles in order to provide safe access to schools and parks.
b. The PAD adheres to the “Suggested Policies for Fire Management in the Wildland Urban Interface,” published by the National Forest Service, May 1990.
9. Cultural/Historic Element
a. A cultural resource survey has been performed where cultural/archaeological resources are determined likely to occur according to the Arizona State Museum.
b. The PAD provides for protection of cultural resources discovered during construction.
c. Cultural resources sites are left generally undisturbed and not identified to the public.
((O)11-01, 02/16/11)
H. Findings – Specific and Required
As a basis of approval or conditional approval for a PAD District, the Planning and Zoning Commission and Town Council shall make the following required findings. Any or all of the specific findings are optional and shall be applied on a case-by-case basis.
1. Required Findings
The required findings function to assure that the purposes of the PAD zoning have been accomplished through a given PAD proposal. In order to approve a PAD, the Town shall find that:
a. The PAD development is in accordance with the adopted Oro Valley General Plan and a minimum of eighty percent (80%) of the applicable General Plan criteria, as outlined in subsection G of this section, are satisfied.
b. The PAD demonstrates innovative design in site planning.
c. The PAD fosters safe and efficient use of the land.
d. The development facilitates efficient design of public services and all infrastructure.
e. The development provides for adequate drainage and reduction of flood damage.
f. The PAD encourages reduction in automobile trip lengths and trip consolidation as measured against development under conventional zoning.
g. Public access to mass transit, pedestrian and bicycle circulation systems is provided and designed to assure that pedestrians can move safely and easily to properties and activities in the site and in the neighborhood.
h. The design and arrangement of elements of the site plan (e.g., building construction, orientation, and placement; selection and placement of landscape materials, and/or use of renewable energy sources, etc.) contribute to the overall reduction of energy use by the project as measured against development under conventional zoning.
i. The design and arrangement of elements of the site plan minimize adverse impacts to the existing natural topography, natural water courses, existing desirable vegetation, and views.
j. The elements of the site plan display a rational relationship (e.g., buildings, circulation, open space, and landscaping) between land uses for the mutual benefit of the community and neighborhood.
k. The PAD protects, in a manner equal or superior to existing zoning, existing neighborhoods from harmful encroachment by intrusive or disruptive development.
l. Overall, the entire PAD represents an improvement to living, work, and recreational conditions superior to that which would be produced by development under conventional zoning districts.
2. Specific Findings
In addition to required findings, the Town may wish to make supplementary specific findings relevant to individual PAD applications. Specific findings may include, but are not limited to, the following:
a. The development is compatible with, and sensitive to, the immediate environment of the site and neighborhood relative to density, scale, bulk, and building height.
b. Conflicts that exist between the proposed development and the surrounding land uses have been effectively mitigated in the planned area development.
c. The project is designed so that the additional traffic generated does not have significant adverse impact on surrounding development, or the development has detailed plans to mitigate the adverse conditions.
d. The project contains known areas of natural or geological hazard (e.g., unstable or potentially unstable slopes, flood, etc.) or soil conditions unfavorable to urban development, and special precautions have been taken to overcome those limitations or these areas have been set aside from development.
e. The project will conform to applicable local, State, and Federal water quality standards including, but not limited to, erosion and sedimentation, runoff control and prohibited solid wastes and hazardous substances.
f. The proposed land uses and activities will be conducted so that noise generated shall not exceed the minimum performance levels established herein. Detailed plans for the elimination of objectionable noises may be required before the issuance of a building permit.
g. All developments will be connected to the public sewer system unless otherwise stipulated in the PAD document.
h. The street and parking system provides for the smooth, safe, and convenient movement of vehicles both on and off the site.
i. Each active recreational area is suitably located and accessible to the area it is intended to serve and adequate screening is provided to ensure privacy and quiet for neighboring uses.
j. The development is adjacent to an existing or approved public park or public open space area, and provision has been made in the site plan to avoid interfering with public access to that area.
k. All signs in the project are in compliance with the provisions of Section 28.1.
l. Solar orientation and design concepts are incorporated in the PAD.
m. The PAD provides for safe pedestrian and bicycle access to schools and parks.
I. Records
1. Prior to a zoning ordinance for a PAD District becoming effective, recordation of primary open space commitments shall be required. The instrument for open space recordation shall be a subdivision plat or block plat, which shall include a complete legal description.
2. If construction of the PAD does not occur according to the approved schedule of development, the PAD zoning shall lapse for all phases not complying with the schedule of development and all subsequent phases. Such schedule may be amended upon application to the Planning and Zoning Administrator thirty (30) days prior to the expiration of the PAD schedule of development. The amendment will be processed in accordance with the procedures outlined for all PAD rezonings.
J. Approvals Required
No structure or building shall be built or remodeled upon land in the PAD District until Planning and Zoning Commission approval for plats and development plans has been obtained as outlined in Section 22.9, including the posting of all required bonds and assurances, particularly site restoration assurances. Residential development in a PAD District which utilizes underlying single-family residential (R-1) zoning districts shall not be subject to Planning and Zoning Commission approval.
Section 24.5 Oracle Road Scenic Corridor District Regulations and Guidelines
(Superseded by (O)11-01)
Section 24.6 Golf Course Overlay Zone
A. Purpose and Use
1. Purpose
The purpose of this zone is to permit the development of golf courses in the Town of Oro Valley while preserving and enhancing water resources, scenic vistas, neighborhoods, property uses, and values. All public and private parties acknowledge this section as an instrument to address the paramount concern for safety and the need to design, landscape, and re-landscape, as necessary, to reduce the incidence of golf balls striking homes or persons.
2. Applicability
a. After the effective date of the ordinance codified in this section, the requirements of this overlay district shall apply to any new golf course development permitted by base zoning, approved via conditional use permit (see Section 22.5 and Section 25.1.B.15), and to any new golf course within an existing, or subsequently approved, planned area development.
b. The overlay district regulations shall apply to expansion of any golf course existing, or under construction, on the effective date of the ordinance codified in this section.
c. The overlay district shall include all properties/parcels, whether vacant or developed, which are adjacent to a golf course fairway, tee box, green or driving range. Properties which do not lie immediately adjacent to golf course fairways or driving ranges are exempt from these requirements.
d. All other permitted uses, provisions, and requirements of the underlying zone and/or Planned Area Development shall apply.
B. Related Uses
Golf course related uses shall be allowed only as permitted by underlying zoning or an adopted Planned Area Development. Any such use must be approved with the golf course development plan or by a subsequent approval of a development plan for the related use by the Town Council. Such uses must be consistent and compatible with the golf course overlay zone.
C. Standards for Golf Course Design and Irrigation
1. Purpose
These requirements and standards must be met in order to obtain the approval of a development plan and associated Town issued permits for any golf course in the Town of Oro Valley, subsequent to the adoption of the ordinance codified in this section. These standards shall act to control the design and irrigation method of golf courses in the Town of Oro Valley.
a. Irrigation Design Standards
As groundwater is recognized as a precious natural resource and the conservation of this resource is deemed crucial to the long-term sustainability of the greater Oro Valley community, the following irrigation standards are intended to provide for the efficient use of potable ground water supplies. These standards shall also provide for the timely implementation of the use of renewable water supplies, including non-potable and/or Central Arizona Project water, for golf course irrigation purposes.
i. Maximize use of irrigation supply sources other than potable groundwater for irrigation.
a) All golf courses which begin construction after the adoption of the ordinance codified in this section must be irrigated with an alternate renewable water supply.
b) If such a source is not available, the applicant will provide an irrigation supply plan, per subsection D of this section.
c) In the interim, groundwater use for golf course irrigation is permitted, provided the golf course water provider meets the A.D.W.R. assured water supply requirements and is a member in good standing of the Central Arizona Groundwater Replenishment District through which the groundwater consumption by the golf course can be offset by replenishment or recharge.
ii. Landscaping shall be consistent in water use with the desert environment:
a) Trees, shrubs, and groundcovers shall be desert hardy, low pollen dispersing, and low in water requirement.
b) The landscape plan must utilize only drought-tolerant planting materials, requiring minimal irrigation in ancillary re-vegetation areas.
c) Use of inorganic groundcovers in non-playing areas, rather than turf, is encouraged.
iii. All water used upon the golf course shall be separately metered.
iv. Provision shall be made for on-site storage of the irrigation supply. Any surface impoundment used for on-site storage of the irrigation supply shall have a sealed bottom.
v. Irrigation system(s) that are considered efficient in conserving the irrigation supply by generally accepted irrigation industry standards and golf course irrigation practices in comparable desert locations shall be installed and maintained in good working condition.
2. Water Analysis and Irrigation Supply Plan
a. All golf courses to which this section applies shall prepare a water analysis (see subsection C.1 of this section) which details the type of water source, and a long-term supply analysis, including conservation methods, measures, and facilities.
b. Unless an alternate renewable water source will be used for irrigation, an irrigation supply plan will be required per subsection C.1 of this section.
3. Golf Course Design Standards
The following standards shall act to control the design, maintenance and operation of golf courses in the Town of Oro Valley:
a. Fringe and/or transition areas shall be provided to assure minimum setbacks from adjacent existing and future residential property lines. Golf hole “envelopes” or boundaries and driving range boundaries shall be created and clearly indicated on the preliminary plat or development plan. Envelopes shall observe the following distances to adjoining existing and future residential properties:
i. Adjacent to landing areas (one hundred fifty (150) to two hundred fifty (250) yards from the tee boxes) and all turning points: Two hundred (200) feet from the centerline of the fairway.
ii. Adjacent to tees: One hundred (100) feet minimum from the center tee box of the tee area or fifty (50) feet from the edge of nearest tee box, whichever is greater.
iii. Adjacent to greens: Two hundred (200) feet minimum from the center of greens, or one hundred fifty (150) feet from the edge of greens, whichever is greater. When the center tee box of the tee area is one hundred fifty (150) yards or less from the green, setbacks from center of green will be one hundred (100) feet.
iv. Adjacent to driving range boundaries: Two hundred (200) feet from landing areas and one hundred (100) feet from tee areas.
v. The Town Council, upon the recommendation of the golf course architect, hired by the Town to review plans (see subsection E of this section), and the Planning and Zoning Commission may approve smaller setbacks, where deemed appropriate for any golf course type, including executive and pitch-and-putt golf courses. Criteria to be considered when permitting setback reductions include, but are not limited to, significant stands of existing vegetation to be preserved in place, grade separation between fairway and properties to be developed and prevailing winds.
b. Berms, linear hazards, trees, and tall shrubs shall be utilized to assist in defending adjacent property from errant golf balls.
c. Preservation in place and salvage of native vegetation, including trees, shrubs and cacti, are strongly encouraged. The preparation and approval of a native plant salvage plan is required in accordance with Section 27.6. Salvage and removal of vegetation may be field adjusted to meet the needs of line-of-sight and golf playability.
d. Natural drainageways shall be retained to the maximum extent.
e. Golf course design shall respect the natural topography and drainageways of the site, and employ minimal grading and clearing of native vegetation. Minimal grading shall be limited to fairways, rough areas immediately adjacent to fairways, green areas, driving ranges, tee boxes, and areas immediately adjacent to tee boxes, surface impoundments and cart paths. Substantial grading, as determined by the Planning and Zoning Administrator, shall not be permitted in other areas of the golf course. Golf course elements, including tee boxes, landing areas, greens, and fairways, may be placed within the one hundred (100) year floodplain; provided, that appropriate engineering and drainage control are provided.
f. Landscape buffers will be required by the Planning and Zoning Commission and/or Town Council, if it is determined that a need exists to mitigate the hazard caused by errant golf balls and/or the adverse impacts of sound, visibility and/or traffic on areas abutting the golf course. Buffers may include drainage ways, natural features, existing vegetation, open space, and up to thirty (30) feet on either side of the four hundred (400) foot wide fairway envelope adjacent to the areas for which mitigation is needed. Buffers may not include tee boxes, greens or other areas of normal play.
g. All maintenance buildings or yards, storage or refuse areas shall be shown on the development plans and shall be appropriately screened, as determined by the Planning and Zoning Commission or Town Council at the time of golf course development plan review.
h. Golf cart path design dependent upon access to public streets shall not be permitted, except for street crossings, as required for golf course play.
4. Off-Street Parking
a. Off-street parking spaces shall be provided, in accordance with all requirements of Section 27.7, and shall be adequate in number to serve persons employed, residing, or visiting on the premises so as to prevent congestion of surrounding streets and promote the safety of the public.
b. Devices used to screen parking from public view shall not impede the flow of floodwater.
5. Residential Design Standards
The following standard acts to provide additional public safety and protection of private property from errant golf balls:
a. Walls and/or vegetation are encouraged, and may be required, by recommendation of the Planning and Zoning Commission and approval of the Town Council, in order to afford additional protection from errant golf balls.
D. Golf Course Development Plan Submittal
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.
E. Plan Review
Upon receipt of a complete development plan submittal for any new, or expanding, golf course development, to include all requirements of subsection D of this section. The Planning and Zoning Administrator shall select, and retain, a golf course architect, who shall serve as a professional consultant to the Town in its review of the project. Consultant fees incurred by the Town shall be reimbursed by the golf course developer/applicant.
1. Recommendations of Golf Course Architect
a. The recommendations of the golf course architect shall be submitted to the Planning and Zoning Administrator in writing. Said recommendations shall be reviewed by staff and forwarded to the applicant. A resubmittal of the development plan, which responds to the Town’s golf course consultant and staff comments, must be received prior to scheduling the plan for the Planning and Zoning Commission hearing.
b. In review of golf course development plans, the Planning and Zoning Commission and Town Council shall consider public safety and protection of property paramount over preservation.
((O)17-05, 06/07/17; 6/11 supplement, 06/11)
F. Procedures and Limitations
No application for a development plan/golf course overlay district will be accepted unless the zoning district or adopted Planned Area Development permits the use or a conditional use permit has been granted in accordance with the procedures set forth in Section 22.4.
1. Effective Date and Phasing
a. The golf course overlay zone shall be effective on the property at such time as the Town Council reviews the recommendations of the Planning and Zoning Commission deems that the development plan submitted therefor meets the provisions of this section, and approves it.
b. If a golf course is constructed in phases, a construction schedule must be submitted and approved with the development plan.
2. Grading Permits
a. No clearing, brushing, or grubbing, grading or development shall be allowed in the proposed golf course zone prior to approval of a grading plan and the issuance of a grading permit.
b. Salvage of vegetation may commence upon the approval of the development plan and native plant salvage plan.
c. A golf course grading plan will be accepted and approved only as an element of the required golf course development plan.
d. Grading permits will be issued only after the grading plan review and approval by the Town Engineer and Planning and Zoning Administrator and all necessary revegetation bonds have been posted.
e. Prior to any site disturbance, all areas to remain natural, in accordance with the approved landscape plan, shall be fenced off with temporary fencing. The Town’s Zoning Inspector shall be contacted to assure that the fencing provided is adequate and that the operation has been completed.
f. All plant materials to be saved in place or relocated on site must be tagged, and the necessary inspections of same must be performed, in accordance with Section 27.6.
3. Conflict
In the event a conflict arises between the provisions of this Chapter and other requirements of the Oro Valley Zoning Code Revised, the more restrictive shall apply.
((O)17-05, 06/07/17; 6/11 supplement, 06/11)
G. Variance
Per the Section 21.6, any requests for variance to the provisions of this Section must be granted by the Board of Adjustment. In addition to the findings required in Section 21.6, the Board of Adjustment must find that:
1. Approval of the variance will not increase the apparent probability or frequency of errant golf balls intruding upon adjacent private properties.
2. Public safety is equally provided for with the granting of said variance.
Section 24.7 Riparian Habitat Protection Overlay District
(Recodified by (O)11-01)
Section 24.8 Airport Environs Zone
A. Purpose
The purpose of this overlay zone is to protect the health, safety, and welfare of persons and property in the vicinity of the La Cholla Airpark. To this end the Airport Environs Zone (AEZ) restrictions:
1. Control noise and safety hazards associated with aircraft operations.
2. Recognize the role of La Cholla Airpark as a facility which may be used by government agencies in emergencies and may provide secure and convenient access for important visitors.
3. Ensure the continued viability and operation of the Airpark by limiting the encroachment of incompatible land uses.
4. Promote the compatibility of uses with aircraft operations through the establishment of criteria for the regulation of building height and density.
5. Address potentially life-threatening situations in areas exposed to aircraft accident potential through restrictions on the congregation of large numbers of people or high concentrations of people and by restrictions on concentrations of people who are unable to respond to emergency situations, such as children, the elderly, the handicapped, and persons undergoing medical treatment.
6. Increase the protection of persons exposed to high levels of aircraft noise by requiring acoustical treatment in buildings located within these areas and regulating those uses which are sensitive to such noise.
7. Prohibit uses which create potential hazards to the safe approach and departure of aircraft.
B. Scope
The AEZ is made up of the following five (5) zones as established by the Compatible Use Zone (CUZ) map (Figure 1) and the Conical Zone (Figure 2).
CUZ A | Runway and Runway Protection CUZ |
CUZ B | Outer Runway Protection CUZ |
CUZ C | Outer Approach CUZs |
CUZ D | Overflight Area |
Conical Zone | No Obstruction of Avigation Area |
The AEZ is not intended to have jurisdiction over the operation of the airport uses, including accessory uses, within the Airpark.
C. Applicability
1. The provisions of the Airport Environs Zone (AEZ) apply to the following on all property located within the AEZ boundaries.
a. Rezonings.
b. New development including subdivisions, development plans and new construction on individual lots.
c. Use changes, expansions, or additions to and existing structures as follows.
i. A proposed change to any use restricted within the applicable zone of the AEZ.
iii. For any proposed expansion of the gross floor area of a structure or the gross floor area of a project site by over twenty-five (25) percent, the provisions of the Airport Environs Zone (AEZ) apply to the areas of expansion. Expansions are cumulated over time from the date of this ordinance.
d. Existing development in regards to Section 24.8.D, Permitted Uses and Prohibited Activities.
2. For property partially within the AEZ, the provisions apply to only those portions within the boundaries of the AEZ. For areas outside the Town limits, which have not been annexed by the Town, the AEZ overlay provisions apply upon annexation.
3. Nothing contained in this Section affects existing, developed property or the right to its continued use for the purpose legally used at the time these regulations become effective, nor do these regulations affect any reasonable repairs to, or alterations of, buildings or property used for such existing purposes.
D. General Provisions
1. Permitted Uses
The land uses permitted are those permitted by the underlying zone, except as modified by this Section.
2. Posting of Occupancy Limitations
Any restriction of occupancy required under this section as a condition of building permit issuance or certificate of occupancy will be posted on the premises. The owner/manager(s) of the premises may not permit the limitation to be exceeded.
3. Conflicts
Where the requirements of this district conflict with other applicable districts, the most restrictive applies.
4. Rezoning Approval
All zoning district changes in the AEZ, shall include a requirement for dedication of an avigation easement, to the Town of Oro Valley, providing the following:
a. Right-of way for free and unobstructed passage of aircraft though the airspace over the property.
b. A right to subject the property to noise and vibrations associated with normal aircraft operations.
c. A right to prohibit electrical interference, glare and other hazards to aircraft flight
5. Plats and Development Plans
All new or revised plats or development plans within the AEZ shall require recorded deed notices to run with each property, and any subsequent subdivisions of the property, that states:
This property is within the La Cholla Airpark Environs and is subject to the requirements of that zone, including height limitations. Uses within this zone may experience noise and vibrations from aircraft operations.
6. Prohibited Activities
Communications nuisance; dangerous activity, hazard or obstruction; illumination nuisance; and visibility nuisance.
E. Compatible Use Zone Provisions
The compatible use zones are shown in the following Figure 1.
The following table shows applicable standards and the broad categories of uses allowed within each zone:
Table 1
CUZ A | Permitted Uses: General Aviation Airstrip, including accessory uses and helicopter, sailplane, hot air balloon and ultralight aircraft facilities |
CUZ B | Accessory facilities to those in CUZ A Single-family Residential and others per Chapter 23 with the exception of group homes and temporary real estate offices. Conditional Uses: Those provided in Chapter 23 with the exception of utility poles and wires. Utility, office, and industrial uses. Uses may not provide highly reflective surfaces, have large areas of standing water or generate smoke, steam or other visual obstructions. |
CUZ C | Permitted Uses: Single-family Residential and others per Chapter 23 with the exception of group homes and temporary real estate offices. Conditional Uses: Those provided in Chapter 23 with the addition of group homes and temporary real estate offices. Utility, office, and industrial uses. Uses may not provide highly reflective surfaces, have large areas of standing water or generate smoke, steam or other visual obstructions. All uses must provide 30% open space in a corridor generally along, or parallel to, the alignment of the runway. |
CUZ D | Permitted Uses: Per underlying zoning district. |
F. AEZ Noise Provisions
All uses within the AEZ must provide insulation, fenestration and related building techniques to reduce the interior noise level to 45 decibels or less, as specified by the International Residential Code, Section 324, the International Building Code Section 1207, and the Arizona Revised Statues Section 28-8461.
G. AEZ Height Provisions
No structure, use of land, or tree may penetrate the AEZ Height Surface established as the Conical Zone Figure 2. The surface is based on the elevation at each end of the runway.
Conical Zone Figure 2
H. AEZ Amendments
1. An application for an amendment of the AEZ shall clearly establish that the amendment is not contrary to the purposes of the AEZ as established by Section 10-601. This shall be considered as a finding in the approval or denial of the application.
2. The above requirement does not apply to applications initiated by the Planning and Zoning Commission or the Town Council.
Section 24.9 Economic Expansion Zone
A. Purpose
The purpose of this overlay district is to provide a streamlined review process for development in the innovation park area as well as other business and technology park areas, thereby supporting Town economic development initiatives while preserving and protecting the health, safety, and welfare of the community.
((O)18-05, 03/21/18)
B. Applicability
1. The Economic Expansion Zone (EEZ) review process is available to all new development, additions, expansions, or changes to existing development proposing permitted uses and compliant with existing zoning and development standards.
a. Innovation park and surrounding Rancho Vistoso areas as depicted in the overlay map, attached to the ordinance codified in this section.
b. All technology park zoned land in the town with the exception of any property with residential uses.
2. The provisions of this section do not apply to applications for amendments to the zoning or planned area development standards, or applications for conditional use permits.
((O)18-05, 03/21/18)
C. General Provisions
1. Exemptions
Development applications shall be exempted from the following requirements:
a. Planning and Zoning Commission and Town Council review and approval.
b. Public outreach requirements of Section 22.15 with the exception of an open house when the subject property is within one hundred fifty (150) feet of a property used or intended for residential purposes.
i. The above distances 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 tech-park development.
c. Approval of a development plan or final plat, prior to the issuance of a Type 4 grading permit in accordance with Section 22.10.A.1.d.
2. Development Review Process
Development applications proceed through the following progessive review stages:
a. A pre-application conference in accordance with Section 22.9.E.1.
b. If applicable, the submittal of a preliminary grading plan and associated plans in accordance with Sections 22.10 and 27.9.
c. The submittal of a master development plan or development plan as provided in Section 22.9.E.3 or 22.9.E.6.
3. Approvals Required
a. If all elements of the submittal meet all Town requirements of Section 22.9.E, the Planning and Zoning Administrator may approve the master development plan or development plan including the following:
i. An alternative parking analysis, subject to the review criteria outlined in Section 27.7.C.
ii. An exemption from planned area development (PAD) sign standards, as permitted in Section 28.2.C for the sole purpose of utilizing the requirements under Chapter 28.
b. Approvals shall expire if improvements have not been started within two (2) years of the approval date. The applicant shall submit in writing a request to extend the time beyond two (2) years to the Planning and Zoning Administrator before expiration.
i. The Planning and Zoning Administrator may grant an extension should the circumstances be justified and adequate financial assurances been made. If the approved plan is abandoned, the Town will return the financial assurances less any expenses the Town has incurred.