Chapter 27
GENERAL DEVELOPMENT STANDARDS

Section 27.1 Operational Performance Standards

A. Solar Protection

No structure shall be erected which would shade an adjacent building when the sun is more than 45 degrees above the horizon unless the written permission of the owner of the property to be shaded is first obtained.

B. Site Grading and Covering Requirements

1. Permit Required

A grading permit is required prior to grading, clearing, or grubbing.

2. Site Marking

The portions of a site to be graded shall be clearly marked on the site prior to any grading, clearing, or grubbing. Construction equipment shall be permitted only within marked area.

3. Protective Cover

Cleared or graded land shall not be left at any time without dust control nor shall be left uncovered for more than 60 days without temporary or permanent protective cover of the entire cleared or graded area as determined by the Town Engineer.

4. Revegetation

Desert vegetation shall be re-established by the developer over septic tank leaching fields and utility trenches where such are not located within cultivated yard, parking, or driveway areas.

Section 27.2 Cultural Resource Preservation

A. Purpose

The purpose of this Section is to:

1.    Establish guidelines and specifications for the preservation of archaeological, historical, and cultural resources within the Town. This is accomplished by a system of codes that represent a reasonable and defensible compromise between no building occurring on archaeological and historical sites, and development taking place in such a manner as to destroy significant cultural resources.

2.    Protect and perpetuate the unique character of a geographic area where existing sites, objects, archaeological remains, architecture, or other tangible records of past eras can be of enduring value in advancing education, general welfare, civic pride, and appreciation of their cultural heritage.

B. Applicability

This Section shall apply to all development, which requires a rezoning, preliminary plat, development plan, or amendment to these. Associated off-site development and ancillary construction (utility trenches, water and sewage treatment facilities, roads, etc.) will be treated in the same manner.

1. Areas with Approved Development Plans and Plats

Current provisions for archaeological mitigation shall continue to apply to all properties until December 31, 1999. Thereafter, prior to issuance of a Grading Permit and any ground modification activities, an on-the-ground cultural resources survey and appropriate mitigation measures shall be conducted on the subject property in accordance with the provisions of this Section.

2. Annexed Areas

For areas with County approved plats or development plans County provisions for archaeological mitigation shall continue to apply to all annexed properties until the later of December 31, 1999 or two (2) years after the date the property was annexed. Thereafter the provisions of this Section shall apply.

C. Site Analysis Requirements

Specific provisions for Site Analyses are found in the appropriate Section of this Code. In summary, those provisions require an application for a rezoning to:

1.    Complete a records check

2.    Describe and map archaeological and historic sites identified on the property

3.    If necessary, complete and record a field survey.

D. Cultural Resources Mitigation Plan

1. Submittal and Review

A cultural resources mitigation plan for any identified archaeological or historical sites on the subject property shall be submitted at the time of, or prior to, the submittal of any preliminary plat or development plan. The mitigation plan shall be prepared and reviewed as described in Section 22.9.C., Preliminary Plat, and Section 22.9.E., Development Plan. The Town may request technical review from the Arizona State Museum and/or the State Historic Preservation Office (SHPO) when appropriate.

2. Mitigation Plan Requirements

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.

3. Phased Developments

In lieu of a mitigation plan for the entire property, phased developments may submit and implement mitigation plans for each phase that contains cultural resources. In the event that an archaeological site spans more than one phase, a single plan shall be prepared for the phases that contain the site.

E. Site Development

1.    Disturbance. No physical disturbance (including artifact collection or excavation) of archaeological or historic sites shall be permitted unless specifically indicated in the mitigation plan. Cultural resources identified for in-place preservation will be protected during development activities.

2.    Discoveries. Unrecorded archaeological sites unearthed during construction will be recorded and documented by a professional archaeologist. If any cultural resources are encountered during the grading/excavating process, all works shall cease in the vicinity of the resources and a qualified archaeologist shall be consulted to access the significance of the resources and recommend and undertake appropriate mitigation measures. Information on the location and nature of cultural resources will be restricted except as necessary for avoidance and protection.

3.    Off-site Development and Ancillary Construction. Utility trenches, water and sewage treatment facilities, roads, etc., will also be investigated, evaluated, and treated by the same criteria as within the proposed development site.

F. Treatment of Human Remains

An agreement for the treatment of human remains shall be developed with the Arizona State Museum (ASM) and appropriate cultural groups pursuant to A.R.S. Section 41-844 and A.R.S. Section 41-865. This agreement shall be established prior to archaeological investigation. Completion of the approved mitigation program does not exempt the development from compliance with these state laws.

G. Excavations on Public Property

No individual shall be allowed to use a probe, metal detector, or any other device to search or excavate for artifacts on public property, nor can any individual remove artifacts from public property without the written permission of the Town. Furthermore, no disturbance or construction activities shall be authorized within the properties belonging to the Town, including public streets and rights-of-way, without a Town permit and without such archaeology efforts as addressed in this chapter.

Section 27.3 Public Artwork Provisions

A. Purpose

The purpose of these public artwork requirements is to implement the General Plan Arts and Culture Element and support the cultural and educational enrichment of the citizens and visitors to Oro Valley through the creation of artwork that is accessible to all members of the community. The Town seeks enhancements to community beauty, artistic entertainment and enrichment for all its residents and visitors, and education in and through the arts.

((O)14-02, Amended, 1/15/14; (O)11-15, Amended, 5/18/11)

B. Applicability

1.    Public artwork is a required element of new private and public construction projects in Oro Valley as specified in this section.

2.    Artwork projects created for private development as a result of the requirements of this section shall be privately owned and included in all nonresidential development projects, including religious institutions and nonprofit organizations, with the exception of communication facilities, utility installations and similar projects as determined by the Planning and Zoning Administrator.

3.    All projects where public artwork has not been provided in accordance with Town Council requirements and legal nonconforming uses that propose twenty-five percent (25%) or more cumulative addition or structural modifications, such as changes in square footage, gross floor area, and building facade, shall meet the requirements of this section.

4.    Public artwork is required for all new public construction projects involving construction costs over fifty thousand dollars ($50,000), with the following exceptions:

a.    Public art expenditure is not legally permissible due to the constraints imposed by the funding mechanism;

b.    Maintenance projects such as surface treatments;

c.    Safety improvements such as sidewalks and overlays with shouldering for bike lanes;

d.    Significant budgetary constraints necessitate cost reduction, subject to Town Council approval.

((O)14-02, Amended, 1/15/14; (O)11-15, Amended, 5/18/11)

C. Artwork Budget

1.    A budget for public artwork shall be established based on one percent (1%) of the building permit valuation for the project, including all phases of a multi-phase project. The building permit valuation shall be confirmed by the Building Official. The itemized budget and a copy of the contract or agreement with the artist shall be submitted for Town review. The budget shall be spent on the design, fabrication, installation, and the Town review process of public artwork for the project.

2.    For applicable public construction projects, one percent (1%) of the project construction cost shall be used for public artwork.

3.    If specifically approved by the Planning and Zoning Administrator, artwork budgets may include integrated pedestals, bases, walls, utility extensions and architect’s fees exclusively required for the artwork.

4.    Artwork budgets shall not be used for normally required improvements and development costs, including but not limited to land acquisition, grading, paving, sidewalks and landscaping.

5.    For multi-phase projects or where building permit valuation has changed, an updated public artwork budget, based on the most current building valuation tables, will be submitted for each phase at the time of application for public artwork approval.

((O)14-02, Amended, 1/15/14; (O)11-15, Amended, 5/18/11)

D. Fee in Lieu of Public Art

1.    If the building permit valuation is less than two million dollars ($2,000,000), the owner/developer may elect to contribute the one percent (1%) to the Town of Oro Valley as an in-lieu fee. It shall be earmarked specifically for public artwork projects.

2.    If the building permit valuation is ten million dollars ($10,000,000) or more, the owner may elect to contribute that portion of the one percent (1%) over one hundred thousand dollars ($100,000) to the Town of Oro Valley earmarked specifically for public artwork projects.

3.    A portion of the one percent (1%) may also be used to construct on-site performing art facilities used for and by the public for the promotion and production of the arts.

4.    The Planning and Zoning Commission may determine that, due to remoteness of location, limited access, or any other cause that may prevent the required public artwork from fulfilling the intent of these provisions, the one percent (1%) monies be made as an in-lieu fee.

5.    The in-lieu fees paid to the public art fund may be used for the maintenance of publicly owned artwork.

((O)17-05, Amended, 6/7/17; (O)14-02, Amended, 1/15/14; (O)11-15, Amended, 5/18/11)

E. Call for Artists

The public art review process may be modified as provided in subsection F of this section, if a call for artists is used in accordance with the following:

1.    A “qualified agent” shall be used to perform a call for artist process in accordance with the Public Art Guidelines, prior to submitting a conceptual design proposal to the Town.

2.    If the building permit valuation is less than four million dollars ($4,000,000), a call for artists process must be at least regionally advertised in accordance with the Public Art Guidelines.

3.    If the building permit valuation is of four million dollars ($4,000,000) or more, a call for artists process shall be advertised nationally in accordance with the Public Art Guidelines.

4.    The Planning and Zoning Administrator shall adopt guidelines to be known as the “Public Art Guidelines,” amended from time to time, to specify the call for artists process.

((O)17-05, Amended, 6/7/17; (O)14-02, Added, 1/15/14)

F. Review Process

1.    Conceptual public art applications may be approved in accordance with one (1) of the following processes:

a.    Conceptual public art applications which have used a qualified agent to perform a call for artists process in accordance with subsection E of this section may be administratively approved by the Planning and Zoning Administrator.

b.    Conceptual public art applications which have not used a call for artists process may be approved by Town Council, following recommendation from the Planning and Zoning Commission.

2.    Final public art submittals that comply with conceptual public art approval may be approved by Town staff, subject to appeal to Town Council in accordance with Section 22.9.D.8. Changes to the approved artwork design or the approved maintenance plan shall require approval of the Planning and Zoning Administrator.

3.    Timing for public construction projects’ artwork conceptual and final review by the Planning and Zoning Commission shall be determined by the Town Engineer and the Planning and Zoning Administrator.

4.    The conceptual design review of artwork shall assess artist qualifications, artwork design and artwork location(s) as provided in subsection G of this section.

5.    Subsequent to conceptual review, the Planning and Zoning Administrator (PZA) shall complete a final review. The applicant shall provide information on the artwork’s final design and a maintenance plan per subsection I.8 of this section. Changes to the approved artwork design or the approved maintenance plan shall require approval of the PZA.

6.    Project completion shall be certified by the acceptable installation of the approved artwork and submittal by the property owner of a certification package including the following: a statement that the artwork, artist and site meet the criteria established by this section, the date on which the installation was completed, and an itemized account of the expenses incurred in fulfilling the requirements of this section.

7.    For existing development, previously approved projects, subsequent phases of phased projects, or projects that do not require a landscape plan, final review of public artwork shall be approved prior to the issuance of the building permit.

8.    Planning and Zoning Administrator decisions specified in this section shall be appealable within twenty (20) days to Town Council. Town Council decisions on appeals pursuant to this section shall be final.

((O)17-05, Amended, 6/7/17; (O)14-02, Amended, 1/15/14; (O)11-15, Amended, 5/18/11)

G. Design and Location Requirements

1.    Public artwork shall be designed by an artist, as defined in Chapter 31. If a design team is employed to create public artwork, at least one (1) team member shall be an artist as defined in Chapter 31.

2.    Public artwork shall not include any of the following unless specifically allowed by the authorized approval body and the item is designed by an artist: architectural elements or structural parts of a building or other structure; fixtures or features such as grates, shade screens, streetlights, benches, signs, and bike racks. Designs of such items shall clearly result in artistic expression beyond the normally anticipated functional appearance.

3.    Public artwork shall be in an area easily accessible and clearly visible to the general public. The location shall allow for unrestricted viewing from a variety of vantage points.

4.    Public artwork may be located on a publicly viewable building facade, provided such location improves overall public accessibility to the artwork.

5.    Artwork may be located within a building subject to approval by the authorized approval body. The applicant shall demonstrate that the interior location for artwork provides equal or superior public access relative to outdoor locations. Indoor locations shall be readily accessible to the public such as lobbies and entryways and shall be accessible to the public for a minimum of forty (40) hours each week.

6.    The location of public artwork shall be indicated on the landscape plan, development plan, plat or other appropriate document as determined by the Planning and Zoning Administrator.

7.    Public artwork shall be permanent, and may be integrated with the work of other design professionals.

8.    Public artwork shall not be located in sight visibility triangles.

9.    Location of art in a proposed or existing Town right-of-way shall be approved by the Town Engineer.

10.    Off-site locations within the Town for public artwork may be approved by the Town Council, upon review and recommendation by the Planning and Zoning Commission.

((O)17-05, Amended, 6/7/17; (O)14-02, Amended, 1/15/14; (O)11-15, Amended, 5/18/11)

H. Public Art Design Principles

Assessment of public art applications shall be based on conformance with the adopted design standards – Addendum A of the Zoning Code – and fulfillment of the following principles:

1.    Quality

Artwork demonstrates originality, artistic quality, and excellence in design and craftsmanship; to be demonstrated through renderings, explanation of construction, materials, and artist resume.

2.    Response to Context

Artworks should be appropriate in scale, material, form and content for the immediate and general social and physical environments with which they are to relate.

3.    Durability

Consideration should be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, and excessive maintenance and repair costs.

4.    Integration

Where possible, in addition to meeting aesthetic requirements, artworks should also serve to establish focal points, modify, enhance or define specific spaces or establish identity.

5.    Safety

Artworks should not present a hazard or create unsafe conditions.

6.    Diversity

Artworks should contribute to a diversity of style, scale, media, artists, community values and forms of expression within the Town.

7.    Visibility

Artworks should be visible and accessible for the purposes of public enjoyment and security, considering pedestrian and vehicular traffic, lighting, active hours on site and future development and vegetation growth.

8.    Feasibility

Consideration should be given to the likelihood of successful completion of the artwork. Factors to be considered include but are not limited to: project budget, timeline, artist’s experience and soundness of materials.

9.    Advertising Elements

Public art shall not reflect or include advertising elements of a business or corporation including colors, graphics, logos or other representations of corporate identity.

((O)17-05, Amended, 6/7/17; (O)14-02, Added, 1/15/14)

I. Installation and Maintenance

1.    Public artwork shall be installed, inspected and certified complete prior to the issuance of a final certificate of occupancy. The Town may withhold the final certificate of occupancy until public artwork installation is complete.

2.    An artwork installation schedule, addressing timing, budget allocation, artwork location(s), and specific details for each phase of a phased development project, shall be submitted for review by the Planning and Zoning Administrator. Each development phase shall include public artwork allocated proportionally to building valuation as determined by the Planning and Zoning Administrator.

3.    Public artworks must remain on public display and shall be maintained in the condition in which they were originally installed.

4.    The installation of the artwork will be done in a manner that will protect the artwork and the public. The general safety and permanence of artwork installation shall be inspected as determined by the Town Building Official, Town Engineer and the Planning and Zoning Administrator. Incomplete or unsafe installations shall not be approved.

5.    Artwork projects shall have a small plaque not to exceed eighty (80) square inches in size identifying the title, date and artist. The plaque shall contain the words “Oro Valley 1% for Public Art Program.”

6.    Continued maintenance of the artwork shall be the responsibility of the property owner. The artwork shall be maintained to preserve its intended appearance as specified in the approved application. Faded paint, missing or damaged parts, or deteriorated finishes represent unacceptable maintenance conditions.

7.    The original artist shall be offered the opportunity to provide maintenance and repair services for the artworks they create. If the original artist will not be maintaining the artwork, documentation of the property owner’s request to the artist for maintenance and repair services shall be submitted with the maintenance plan required in subsection I.8 of this section.

8.    A maintenance plan specifying the party(ies) intended to complete repairs, required maintenance steps, and frequency of maintenance shall be submitted with the application for public artwork approval. If the party identified to perform maintenance and repairs is not the original artist, a statement of the individual’s qualifications to repair and maintain public artwork shall be submitted with the maintenance plan. Qualified individuals shall have experience working with the media and materials used in the artwork.

9.    Public artwork responsibilities shall transfer from property owner to property owner.

10.    The property owner shall be responsible for the services and utilities necessary to operate and/or maintain public artworks over time.

11.    The property owner shall provide evidence of insurance in a minimum amount equal to the purchase and installation costs of the public artwork.

12.    Replacement of missing or damaged public artworks is required, unless the property owner provides documentation that shows that the artwork was properly maintained in accordance with the approved maintenance plan. Property owners are required to respond to inquiries from the Town regarding damaged or missing public artwork within fifteen (15) days of written notice.

13.    Failure to maintain the artwork, as determined by the Planning and Zoning Administrator, shall constitute a violation of this code, and/or cause liens against the real property.

14.    Public artwork cannot be permanently removed, relocated or altered in any way without the review and approval of the Planning and Zoning Commission.

15.    In the event public artwork must be temporarily moved or altered due to construction or other activity, the property owner shall submit in writing a request to the Planning and Zoning Administrator detailing the purpose, time frame, and intended temporary location for the artwork. The request must be approved by the Planning and Zoning Administrator, with reference to the maintenance plan, prior to movement or alteration of the artwork. The artwork shall be returned to its original location.

((O)17-05, Amended, 6/7/17; (O)14-02, Amended, 1/15/14; (O)11-25, Amended, 10/5/11; (O)11-15, Amended, 5/18/11; (O)11-06, Amended, 3/2/11; (O)08-23, Added, 12/3/08)

Section 27.4 Native Plant Preservation, Salvage and Mitigation Plan Requirements

(Repealed by (O)09-20, 11/04/09)

Section 27.5 Outdoor Lighting

A. Purpose

The purpose of this Code is to preserve the relationship of the residents to their unique desert environment through protection of access to the dark night sky. Intended outcomes include preservation of the Town’s residential/resort character, support of astronomical activity, minimizing excessive use of energy, and providing for the safety and security of persons engaged in outdoor night time activities.

B. Applicability

The provisions of this section shall apply to:

1. New Uses and Buildings
2. Major Additions or Modifications to Existing Projects

All projects that propose twenty-five percent (25%) or more cumulative addition or structural modification such as changes in square footage, gross floor area, building facade, etc., shall meet the requirements of this Code for the entire property.

Twenty-five percent (25%) or more cumulative modification or replacement of outdoor lighting shall meet the requirements of this Code.

3. Minor Additions or Modifications to Existing Projects

All projects except in E2a lighting zone that propose less than twenty-five percent (25%) cumulative additions or structural modifications shall require the submission of a lighting plan of existing and any proposed outdoor lighting. All new outdoor lighting provided shall have to meet the requirements of this Code.

4. Change of Use

a.    Whenever the use of any existing building, structure, or premises is changed to a new use that is substantially different from the existing one, all outdoor lighting shall be reviewed and brought into compliance with this Code before the new use commences. The Planning and Zoning Administrator will determine whether a substantial change has occurred by evaluating each of the following factors:

i.    Hours of operation

ii.    Type of business

iii.    Traffic generated

iv.    Occupancy

v.    Degree of existing non-conformance with this Chapter

vi.    (Repealed by (O)11-15, 5/18/11)

b.    A significant difference or issue with one (1) or a combination of the factors above may be utilized as grounds to require compliance with this Code.

5. Resumption of Use After Abandonment

If a property or use with nonconforming lighting is abandoned as defined in Section 29.4, then all outdoor lighting shall be reviewed and brought into compliance with this Code before the use is resumed.

6. Exemptions

a.    All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels.

b.    Street lighting both public and private, except for elements of onsite circulation described in Section 27.7.G.

c.    Seasonal decorations using unshielded fifty (50) watt or less incandescent lamp from Thanksgiving to January 15.

7. Sign illumination shall meet the standards of Section 28.3.B.
((O)16-05, Amended, 4/6/16; (O)11-15, Amended, 5/18/11)

C. Prohibitions

1.    Mercury Vapor Lamps Fixtures and Lamps: The installation, sale, offer for sale, lease, or purchase of any mercury vapor lamp for use as outdoor lighting is prohibited.

2.    Laser Source Light

3.    Searchlights

D. Lighting Plan Application Requirements

1.    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.

2.    Additional Submission

The above required plans, descriptions and data shall be sufficiently complete to enable the Planning and Planning and Zoning Administrator to readily ascertain code compliance. If such plans, descriptions, and data are insufficient to enable this ready determination, by reason of the nature or configuration of the devices, fixtures, or lamps proposed, the application will be deemed incomplete. The Planning and Planning and Zoning Administrator may require additional evidence of compliance such as certified reports of tests by a recognized testing laboratory.

E. Total Outdoor Light Output

1.    The total amount of light, measured in lumens, from all outdoor light fixture lamps shall be measured as follows:

a.    For all lamp types, the mean lumen output, as defined by the lamp manufacturer, shall be the lumen value used. For lamps not listed with mean lumens, the initial rating shall be used.

b.    The total light output of each outdoor light fixture shall be based on the largest lamp that it is rated to accommodate. Furthermore, the largest lamp rating for fluorescent and high intensity discharge fixtures shall be based on the installed ballast rating.

c.    For determining compliance with Table 27-5, the total lumens shall be the sum of the following:

i.    One hundred percent (100%) of the lumens from outdoor light fixtures installed at grade, on poles, and installed on the top or sides of buildings or other structures, when not shielded from above by the structure itself.

ii.    Fifty percent (50%) of the lumens from underwater light fixtures unless the fixture is aimed at an angle of less than forty-five (45) degrees above the horizontal, in which case the lumens shall be calculated at ten percent (10%) of the lumens.

iii.    For projects in E2a lighting zones, wall mounted unshielded luminaires located within a forty-five (45)-degree angle from the edge of the canopy or overhang down to the wall shall be calculated at fifty percent (50%) of the lumens.

Exceptions: Outdoor lighting fixtures meeting any of the following conditions shall not be counted in determining the lumen caps of Table 27-5:

a)    Full cutoff light fixtures installed under canopies, building overhangs, or roof eaves.

b)    Light fixtures shielded by the canopy, building overhang, or roof eaves in such a manner that no lamp or vertical element of a lens or diffuser is visible at the property line.

c)    Outdoor internally illuminated signs designed according to the Town’s sign code.

d.    For purposes of determining total light output from luminaire lighting assemblies which include multiple unshielded or full cutoff lamps on a single pole or standard shall be considered as a single unit. Two (2) or more units with lamps less than three (3) feet apart shall be considered a single luminaire.

((O)16-16, Amended, 12/7/2016)

2.    Lighting Zones

The Town of Oro Valley shall have the following lighting zones for the calculation of allowed lumens:

a.    “Lighting Zone E3” shall include areas that are zoned C-2 and C-1.

b.    “Lighting Zone E3a” shall include areas that are zoned C-N, PS, R-4R, R-6, T-P, R-S, and P-1. Religious institutions and schools will be included in E3a.

c.    “Lighting Zone E2” shall include areas that are zoned POS, R-4, and SDH-6.

d.    “Lighting Zone E2a” shall include areas that are zoned R1-144, R1-72, R1-43, R1-36, R1-20, R1-10, and R1-7.

e.    “Lighting Zone E1” is a special overlay zone, whereby the preservation of a naturally dark environment and preservation of habitat value is considered of paramount importance. It includes identified riparian areas, natural open spaces preserved via easements, covenants, or code restrictions, and PAD designated open spaces. No lighting is permitted in this overlay zone.

3.    Table 27-5 provides requirements of the total mean lumens permitted per net lighting acre for the different lighting zones.

a.    The applicant may use any one of the three (3) options - I, II, or III for the entire property.

b.    Net lighting acre is defined in Chapter 31, Definitions.

TABLE 27-5 LUMEN CAPS: MEAN LUMENS PER NET LIGHTING ACRE

Lighting Options

Lighting Zones

 

E3

E3a

E2

E2a

Option I: Mostly Low Pressure Sodium (LPS) Lighting

Total lumens

400,000

250,000

100,000

70,000

Limit on non-LPS FCO lumens

45,000

25,000

10,000

7,000

Limit on unshielded lumens

12,000

9,000

6,000

4,000

Option II: All Full Cutoff (FCO) Lighting

Total lumens

300,000

150,000

65,000

45,000

Option III: Mostly Full Cutoff Lighting

Total lumens

200,000

100,000

50,000

35,000

Limit on unshielded lumens

12,000

9,000

6,000

4,000

c.    Lumens for any fraction of a net lighting acre shall be calculated on a pro-rated basis.

((O)07-33, Amended, 9/19/07)

F. Outdoor Light Fixture Height Requirements

1.    The height of a pole-mounted luminaire shall be measured from finished grade to the bottom of the lens of a luminaire and the poles shall not extend greater than two (2) feet above the bottom of the lens for any purpose.

2.    The maximum height of the pole-mounted luminaire shall not exceed eighteen (18) feet or as otherwise specified herein.

a.    In C-2 zoned districts, the maximum height shall not exceed twenty-eight (28) feet.

b.    In T-P zoned areas, the Planning and Zoning Administrator may allow maximum height up to twenty-eight (28) feet based on the following factors but not limited to:

i.    Proximity to residential areas

ii.    Height of buildings

iii.    Size of the site

iv.    Size of parking lot

v.    Proximity to open space

3.    All pole-mounted luminaires within E3, E3a, or E2 lighting zones that abut E2a or E1 lighting zones shall be restricted as follows:

a.    Limited in height to ten (10) feet for the first row of luminaires and may increase in elevation at a rate of one (1) foot in height for every two (2) feet, six (6) inches away from the first row of luminaires to maximum height as allowed in this Code.

b.    Luminaires installed within fifteen (15) feet of the property line shall have internal house-side shields or forward throw optics.

c.    Installed at least ten (10) feet away from the property line.

4.    Wall-mounted luminaire, except for those used to directly illuminate parking areas shall be limited in height from finished grade to a maximum of nine (9) feet to the center of the luminaire. Those luminaires used to illuminate parking areas shall be the same manufacture type and style as the pole-mounted area luminaires and mounted no higher than the pole-mounted luminaires.

5.    All wall-mounted luminaires utilizing lamps in excess of four thousand (4,000) lumens and/or installed above nine (9) feet in elevation shall be equipped with an internal house-side shield or provided with similar forward throw optical characteristics so as to minimize the reflected light off the wall below the luminaire.

((O)11-15, Amended, 5/18/11)

G. Outdoor Light Design Standards

1.    Light trespass into Lighting Zone E2, E2a, and E1 from abutting properties shall not exceed 0.3 fc measured vertically at five (5) feet above the ground.

2.    In E3, E3a, and E2 lighting zones, the design shall incorporate at least eighty (80) percent of the allowed lumens or meet the minimum illumination levels recommended in the latest Handbook of the Illuminating Engineering Society of North America (IESNA), whichever is less. The design shall be within the recommended illuminance ratio for the specific task.

3.    The religious institutions and schools shall uniformly reduce lighting to the minimum level recommended by IESNA for security purposes one (1) hour after close of business. Other businesses in E3 and E3a areas may uniformly reduce the level of lighting one (1) hour after close of business.

4.    The light poles and luminaires shall be spaced in a manner to provide uniform lighting distribution as recommended by the IESNA in areas of frequent use such as parking lots, pedestrian walkways, etc.

5.    Canopy lighting shall be limited to an average maintained horizontal illuminance level at thirty-six (36) inches above grade of 50 fc in E3 and E3a, 30 fc in E2, and 10 fc in E2a.

6.    Each unshielded light fixture shall be limited to a maximum of two thousand (2,000) lumens.

7.    All unshielded light fixtures including seasonal decorations shall be turned off between 11:00 p.m. and sunrise.

8.    Flood or spot lamps shall be installed within a housing and aimed no higher than forty-five (45) degrees to the horizontal (halfway between straight down and straight to the side) when the source is visible from any adjacent property.

9.    Any landscaping next to the outdoor light fixtures shall be designed in accordance with Section 27.4 of the code.

10.    Full cutoff light fixtures (FCO) shall have zero (0) candelas occur at or above an angle of ninety (90) degrees and a maximum of ten percent (10%) candelas at eighty (80) degrees above the nadir of the installed luminaire. This applies to all lateral angles around the luminaire. Such candela information shall be determined by a photometric test report from a nationally recognized independent testing agency and as certified by the manufacturer. Any structural part of the luminaire providing this cutoff angle shielding shall be permanently attached.

Exception: Building canopies, overhangs, roof eaves, and similar types of construction shall not be considered as the means to provide the cutoff unless the fixtures are shielded in such a manner that no lamp or vertical element of a lens or diffuser is visible at the property line.

((O)16-16, Amended, 12/7/2016; (O)07-33, Amended, 9/19/07)

H. Recreational Facilities

Lighting that is directly associated with athletic fields, courts or tracks shall be exempt from the total lumen caps of Table 27.5 and the height limits of Section 27.5.F. All such lighting shall utilize full cutoff luminaires unless certified by a registered design professional that such shielding is impractical, subject to Planning and Planning and Zoning Administrator’s approval. Where full cutoff fixtures are not utilized, acceptable luminaires shall include those which:

1.    Are provided with internal and/or external glare control louvers that are installed so as to limit direct uplight, to less than five (5) percent of the total lumens exiting from the installed fixtures; and

2.    Are installed with minimum aiming angles of 25 degrees downward from the horizontal. The aiming angle shall be measured from the axis of the luminaire’s maximum beam candlepower as certified by an independent testing agency; and

3.    All events requiring illumination shall be scheduled so as to complete all activity between 6 a.m. and the curfew times listed in Table 27-6. Illumination after the curfew shall be permitted only to complete a scheduled event that was unable to conclude before the curfew due to unusual circumstances.

TABLE 27-6: LIGHTED RECREATION FACILITY CURFEW STANDARDS

Lighting Zones

 

E3

 

E3a

 

E2

 

E2a

12 a.m.

11 p.m.

11 p.m.

10 p.m.

I. Temporary Lighting Exemption

1. Request, Renewal, and Information Required

Any person may submit a written request, not less than 30 days prior to the day of use, for a temporary lighting exemption request. A temporary lighting exemption shall contain the following information:

a.    Specific exemption or exemptions requested;

b.    Type and use of outdoor light fixture involved;

c.    Duration of time of the requested exemption;

d.    Type of lamp and lamp lumens;

e.    Total wattage of lamp or lamps and number of lamps to be used;

f.    Proposed location on premises of the outdoor light fixture(s);

g.    Previous temporary exemptions, if any, and addresses of premises thereunder;

h.    Physical size of outdoor light fixture(s) and type of shielding provided;

i.    Mailing labels for public notification;

j.    Such other data and information as may be required by the Planning and Planning and Zoning Administrator.

At the discretion of Planning and Planning and Zoning Administrator, certain submittal requirements may be waived, if deemed unnecessary or inappropriate.

2. Public Notification

All property owners and homeowners associations within 300 feet shall be notified of the temporary exemption request and given 15 days to respond, prior to the Planning and Planning and Zoning Administrator’s determination.

3. Approval; Duration

The Planning and Planning and Zoning Administrator may approve requests for temporary lighting exemptions. If approved, the exemption shall be valid for not more than 30 days from the date of issuance. The approval shall be renewable at the discretion of the Planning and Planning and Zoning Administrator. Each such renewed exemption shall be valid for not more than 30 additional days.

J. Alternate Materials and Methods of Construction, Installation, and Operation

The provisions of this code are not intended to prevent the use of any design, materials or method of installation or operation not specifically prescribed by this code, provided any such alternate has been approved. The Planning and Planning and Zoning Administrator may approve any such proposed alternate provided he finds that it:

1.    Provides at least approximate equivalence to the applicable specific requirements of this code; and

2.    Is otherwise satisfactory or complies with the intent of this code; and

3.    Has been designed or approved by a registered design professional and is supported by calculations showing that the design submitted meets the intent of the code. This Section shall not have the effect of waiving any requirements of this code.

 

Section 27.6 Landscape Conservation

This landscape conservation section integrates a range of Town requirements related to native plant salvage and preservation, revegetation, constructed landscape improvements and plant materials, irrigation and outdoor water conservation.1

A. Purpose

The Town of Oro Valley’s adopted General Plan includes agreed upon goals and policies related to natural resource conservation and water resources. The goals and policies provide the framework for conservation in water use for irrigation, low-water-use plants in landscaping, preservation of the Town’s native vegetation and visual qualities, and promotion of compatibility between adjacent and distinct land uses.

These native plant preservation, landscape and irrigation regulations are to be applied to protect the public health, safety, and general welfare by:

1. Preserving Land Values

a.    Preserving the existing desert landscape and creating an attractive appearance along public streets.

b.    Preserving existing views and screening from view those uses which may be detrimental to adjacent property values.

c.    Encouraging in-place preservation of native vegetation which is an integral part of the Sonoran Desert and which contributes to property values, high quality of life, and the unique lifestyle which the community enjoys.

2. Preserving Environmental Quality

a.    Preserving, salvaging and replacing native vegetation, which is important in stabilizing desert soils and providing food and protection for desert wildlife.

b.    Requiring use of native vegetation which is drought-tolerant and requires less maintenance than other types of landscaping materials.

c.    Contributing to the reduction of air pollution by encouraging the use of vegetation for air filtration and absorption of carbon dioxide and production of oxygen.

d.    Encouraging the preservation of wildlife habitat and wildlife-friendly design through improved site design.

e.    Preserving the Sonoran Desert landscape, including riparian and rock outcroppings.

3. Protecting Water Quality and Promoting Conservation

a.    Reducing the amount of water utilized for landscaping while achieving aesthetic objectives specified in the General Plan.

b.    Raising awareness of water conservation objectives and savings realized by utilizing desert vegetation, water-wise irrigation, and rainwater harvesting.

c.    Increasing Town-wide compliance by residents and business owners not subject to conservation requirements made effective June 1, 2010, by providing education and neighborhood outreach to support and implement landscape water conservation techniques.

d.    Reducing soil erosion by slowing storm runoff, which increases infiltration.

e.    Restricting the use of turf to recreational purposes.

f.    Establishing techniques for the installation and maintenance of landscape materials.

g.    Implementing sustainable irrigation standards including the required use of rainwater harvesting techniques.

4. Enhancing Design

a.    Enhancing the design qualities of each site and using landscape designs to reduce the mass of buildings.

b.    Reducing adverse impacts between potentially incompatible uses and zones by requiring an appropriate level of buffering and screening.

c.    Using context-sensitive design by considering existing landscaping within four hundred (400) feet of the project site to provide and maintain landscape continuity within the community.

5. Promoting Living Quality

a.    Protecting the right of property enjoyment through nuisance reduction.

b.    Promoting the use of low-pollen-producing plants, thereby reducing the risks of airborne respiratory ailments.

c.    Providing direct and important physical and psychological benefits to human beings through the use of landscaping, to reduce glare and to break up the monotony and soften the harsher aspects of urban development, while addressing security issues related to landscape design.

B. Native Plant Preservation, Salvage and Mitigation

1. Applicability

a.    The provisions of this subsection shall apply to all new development, both public and private.

b.    The provisions of this subsection shall not apply to expansion of existing development or redevelopment projects unless native vegetation, specified in Addendum C, Tables C-1 and C-2, exists in the area to be impacted by the expansion or redevelopment.

c.    All Planning and Zoning Administrator decisions or determinations allowed in this section may be appealed to the Town Council.

2. General Provisions

a.    Native plant preservation and salvage plans shall include an inventory of, and specifications for, the proposed treatment of all protected native plants, listed in Addendum C, Tables C-1 and C-2, which are being disturbed due to development.

b.    Protected native plants shall not be destroyed, mutilated, removed from the premises or relocated on the premises except in accordance with an approved native plant preservation, salvage and mitigation plan and all Arizona Department of Agriculture and Horticulture requirements.

c.    Preservation of significant native on-site vegetation, as characterized in subsection B.3.b of this section, shall be a primary objective of site planning for development. Mature native trees shall be given particular consideration for retention in place. All saguaro cacti shall be preserved in place or relocated on site, unless otherwise approved by the Planning and Zoning Administrator.

3. Site Resource Inventory Standards and Requirements
a. Site Resource Inventory

i.    The Site Resource Inventory (SRI) shall be a primary evaluative design tool upon which the site design and salvage plans are based. The information contained in the SRI shall be utilized for purposes of site planning and design, and shall describe and identify natural characteristics of the site, as listed below, including areas of significant vegetation. Preservation of protected natural areas and significant vegetation shall be a primary consideration.

ii.    The SRI shall strive to:

a)    Minimize native plant disturbance, destruction, or removal.

b)    Promote creative plat or development design to preserve significant vegetation.

c)    Propose mitigation that maintains, as nearly as possible, significant native vegetation and animal habitat while preserving site soil stability.

d)    Incorporate native vegetation of a size, quality, and type consistent with native vegetation and the development.

e)    Maintain significant vegetation, as described herein, in place, unless there is no other area available for construction.

f)    Identify any prohibited plants (Appendix E) such as buffelgrass or tamarisk.

b. Significant Vegetation

Significant vegetation (SV) is characterized as distinctive native plant stands and/or distinctive individual native plants that demonstrate, through the presence of certain criteria, as listed below, areas of special value to the Sonoran Desert ecosystem.

i.    Distinctive native plant stands are areas of native vegetation that exist in contrast to the majority of the surrounding vegetative community due to either microclimates or availability of water sources. Criteria include:

a)    Saguaro cacti stands that include one (1) foot or taller saguaro occurring at a density of twenty-five (25) or more over a minimum one-half (1/2) acre area.

b)    Ironwood tree stands that include thirty percent (30%) or more average cover at the edge of all tree canopies within a minimum one (1) acre area.

c)    Palo verde tree stands that include fifty percent (50%) or more average cover within a minimum one (1) acre area.

d)    Mesquite tree stands that include fifty percent (50%) or more average cover within a minimum one (1) acre area.

e)    Ocotillo stands that include areas of fifty (50) ocotillo of any size within a minimum one (1) acre area.

ii.    A distinctive individual native plant refers to any native tree, shrub, or cacti with extraordinary characteristics such as, but not limited to, age, size, shape, form, canopy cover, or aesthetic value. Criteria include:

a)    Saguaro cacti over fifteen (15) feet tall with two (2) or more arms.

b)    Crested saguaro cacti.

c)    Native tree with twelve (12) inch basal caliper and over twelve (12) feet tall.

d)    Native nurse tree with three (3) or more saguaro cacti under or within its canopy.

e)    Any plant listed as threatened or endangered under the Endangered Species Act or highly safeguarded by the Arizona Department of Agriculture.

iii.    Criteria for identifying areas of significant vegetation include the presence of the following (in addition to being characterized as a distinctive native plant stand and/or a distinctive individual native plant):

a)    Plant species that are native to the area.

b)    Plant species composition is typical for the area.

c)    Plants are generally healthy and will survive for five (5) or more years.

d)    Plant density is normal for the site conditions (soil, slope, orientation, water availability).

e)    Mature specimens of individual trees and/or columnar cactus species are present.

f)    Noxious/invasive species are few and not visually prominent, such as buffelgrass, desert broom, tamarisk, Mexican palo verde, and tree of heaven.

g)    Grading or clearing has not substantially altered the landscape in the area.

h)    Constructed nonnative landscapes do not qualify as significant vegetation.

i)    Specific groups of plant communities that are known to be habitat for protected species, for example: ironwood, saguaro, mesquite, and palo verde are known pygmy owl habitat.

iv.    Preservation of significant vegetation should emphasize maintenance or creation of connections between natural areas and significant vegetation. Areas of significant vegetation include, but are not limited to, other natural areas protected by this zoning code, such as riparian habitat.

c. Mitigation

i.    When areas of significant vegetation are present but are not preserved in place due to development, salvage and mitigation shall be required. For example, for one hundred (100) plants identified as significant vegetation that are not preserved in place, those that meet the salvage criteria in subsection B.4.c of this section will be salvaged. If ten (10) are salvaged, the ninety (90) remaining shall be mitigated as set forth in Table 27-1.

ii.    Mitigation of significant vegetation does not apply to environmentally sensitive open space (ESOS) as provided in Section 27.10.G.

iii.    Mitigation of Significant Vegetation, Under-Story Requirements, and Area Measurement.

a)    Mitigation of significant vegetation shall be according to the ratios in Table 27-1.

TABLE 27-1: MITIGATION OF SIGNIFICANT VEGETATION

Amount of SV Disturbed

Tree Mitigation Ratio

Percent Trees Replaced w/ 48" Box

Percent Trees Replaced w/ 36" Box

Under-Story* Vegetation Required

Cacti and Other Protected Plants

0 – 29%

Standard mitigation requirements of Section 27.6.B.4.d apply.

5 under-story plants for each mitigated tree.

Same size and species as that removed or destroyed.

30 – 49%

1:1

None

100%

50 – 100%

2:1

50%

50%

*Under-story plants selected from the supplemental native plant list, Addendum C, and either transplanted from on-site or nursery plants.

b)    The percentage of significant vegetation shall be measured as the square footage of the ground cover area.

If the mitigated plant does not survive the first eighteen (18) months of transplanting after landscaping is complete, mitigation standards, as listed above, shall apply.

d. Preservation Incentives.

In order to promote preservation in place, development standard incentives are offered to permit clustering of development, as set forth in Table 27-2.

TABLE 27-2: PRESERVATION INCENTIVES 

Amount of SV Preserved in Place

Reduction in Lot Size Permitted

Increase in FAR Permitted

71 – 100%

Up to 20% of appropriate interior lots*

Up to 20%

51 – 70%

Up to 15% of appropriate interior lots*

Up to 15%

50% or less

None

None

*Appropriate interior lots are those lots not on the perimeter of the development and not adjacent to a natural resource area.

e. Mitigation Remedy.

When a proposed development is in conformance with the General Plan and meets other development standards of the code, but unique circumstances exist in regard to significant vegetation, such as when a large percentage of a site is covered with significant vegetation and mitigation results in plants too numerous to survive on the site, the developer may request approval for a mitigation remedy. Remedies include provision of required vegetation, irrigation materials, and associated labor as follows:

i.    Relocation to an adjacent property

ii.    Placement on a Town property

iii.    In-lieu fee for a Town landscape or restoration project

iv.    Other similar relocation effort

The developer must make his/her request to the Town for a mitigation remedy before or concurrent with a preliminary plat or development plan submittal. The request shall include a mitigation proposal and rationale and justification for the proposal. The Development Review Board (DRB) shall consider the proposal and make their decision at a public meeting.

4. Native Plant Preservation, Salvage and Mitigation Plan Requirements

a.    A native plant preservation, salvage, and mitigation plan shall be prepared for the entire site. Areas of significant vegetation from the SRI and all protected native plants listed in Addendum C, Tables C-1 and C-2, and related mitigation shall be clearly identified on the native plant preservation, salvage and mitigation plan.

b.    All existing native plants shall be preserved in their original location, except within those areas permitted to be graded. Any areas of disturbance outside of significant vegetation shall be inventoried for protected native plants and mitigated according to the standards set forth in subsection B.4.d of this section.

c.    Determination of Transplantability. The following standards shall apply to any protected native plant salvaged, removed from the site, or destroyed:

i.    Transplantability shall be indicated on the native plant preservation, salvage and mitigation plan submittal and may be reviewed, at the discretion of the Planning and Zoning Administrator, by a third party plant salvage specialist. The evaluation of protected native plants shall be based on the stipulations in this section.

ii.    All protected trees with a minimum caliper of three (3) inches, or protected multiple trunk plants with a three (3) inch combined caliper measurement of the three (3) largest trunks, and all protected cacti, shall be included in the native plant inventory. All caliper measurements are to be taken one (1) foot from ground level.

iii.    All plants that meet the following criteria shall be either preserved in place or salvaged:

(A)    Plant health is good to excellent with no major infestations or apparent diseases. “Plant health” is defined as a plant in a sound state, free from disease and expected to survive for five (5) or more years.

(B)    The plant is of a size and age to suggest a likely chance of transplant survival.

(C)    Plant is undamaged and is conducive to box or spade transplanting (upright branching).

(D)    Soils can be excavated, are cohesive, and appear capable of supporting a boxed or spaded root ball.

(E)    Surrounding topography permits access with the appropriate equipment needed to box or spade and remove the plant.

(F)    Adjacent plants do not pose a likely interference with root systems or interfere with plant removal.

(G)    The overall form and character is representative of the species and is a valuable specimen for landscape or habitat purposes.

d.    Mitigation of Protected Native Plants Not in an Area of Significant Vegetation. Any tree, shrub, or cactus that meets the salvage criteria shall be salvaged and either relocated on site or utilized on another site within the town. Any tree, shrub, or cactus that meets the salvage criteria as salvageable but is destroyed shall be replaced on a one-to-one (1:1) ratio of the same species and size as that destroyed. Five (5) understory plants from the supplemental Arizona Department of Water Quality native plant list will be planted for every mitigated tree.

e.    Mitigation Remedy. When a proposed development is in conformance with the General Plan and meets other development standards of the code, but unique circumstances exist in regard to mitigation requirements, such as when a large percentage of a site is covered with vegetation and mitigation results in plants too numerous to survive on the developed site, the developer may request approval for a mitigation remedy as specified in subsection B.3.e of this section.

f.    Native plants salvaged from the site shall be transplanted into common areas, landscaped areas, or front yards. Whenever feasible, plant salvage shall include immediately transplanting salvaged plants in a permanent location as indicated on the landscape plan. Immediate transplant is preferred to placing salvage plants in a holding nursery for future relocation on site.

g.    All native plants salvaged from a site (or a plant comparable in size and species salvaged from another site) shall be utilized in the corresponding project landscape plan.

h.    All significant vegetation mitigation and native plant mitigation requirements, as documented on the native plant preservation, salvage and mitigation plans, shall be included with the plant schedule of the landscape plan.

i.    In no case may native understory plants be removed, destroyed, or relocated from an existing stand of native plants which is to be preserved in place. The perimeter of the area preserved in place shall be designated in accordance with standards set forth in subsection B.7.c.ii of this section. Any spaded or boxed tree transplanted on site that dies due to neglect or lack of maintenance shall be replaced with the same size and species of the original salvaged tree, as required by the approved salvage and mitigation plan.

j.    Protected native plants determined to be transplantable shall be salvaged when they are located within areas designated to be graded. Any salvaged plant utilized on site shall either be spaded directly into the new location or stored in a temporary holding nursery. All work shall be performed in accordance with development standards and/or technical bulletins as may be adopted by the Town. All temporary nurseries shall:

i.    Provide fertilizer to promote plant health.

ii.    Provide automatic drip irrigation systems.

iii.    Provide adequate, routine water and maintenance of the plants.

iv.    Nursery plants that die due to neglect shall be replaced with the same size and species of the salvaged plant.

k.    Native plants to be transplanted on site shall be used within those areas designated as “common area” or landscaped area such as buffer areas, streetscapes, and parking lots and within the front yards of residential lots, or other areas as may be approved by the Planning and Zoning Administrator.

l.    Any spaded or boxed tree transplanted on site that dies due to neglect or lack of maintenance shall be replaced with the same size and species of the original salvaged tree, as required by the salvage plan.

m.    The limits of grading shall be staked in the field, in accordance with subsection B.7.c.ii of this section. Disturbance outside the approved grading limits shall not be permitted.

n.    Areas needed for root zone protection for native plants preserved in place shall be indicated on the native plant preservation, salvage, and mitigation plan, grading plan, development plan, and/or preliminary plat.

5. Plant Salvage Protocol.

The Town of Oro Valley reserves the right to publish and modify technical bulletins establishing recommended protocol for boxing, spading, and salvage techniques.

6. Compliance

a.    Failure to comply with the requirements of the approved native plant preservation salvage and mitigation plan may cause immediate revocation of all permits. New permits may not be issued until the required fines are paid to the Town for the purposes of replacing and maintaining protected native plant materials as required in the approved native plant preservation and salvage plan.

b.    The Planning and Zoning Administrator shall assess fines based on the approved fee and penalty schedule. Fines exceeding one hundred thousand dollars ($100,000) may be assessed.

c.    The developer shall replace removed or damaged plant materials with like size and species, and shall maintain and guarantee (in accordance with Section 26.6.C and I) the replacement plant materials for a period of three (3) years.

d.    Prior to issuance of any permits for development of the property on which the violation occurred, the property owner shall enter into an agreement, with a landscape installation and maintenance service and the Town, to ensure replacement and three (3) years’ maintenance of the replacement plant materials. Any fines in excess of the amounts specified in the agreement to replace and maintain plants shall be refunded.

7. Approval for Salvage

a.    All protected native plants scheduled to remain in place or authorized for destruction, removal or relocation by the approved native plant preservation and salvage plan must be tagged and numbered, in accordance with the native plant preservation, salvage and mitigation plan, prior to an on-site inspection by the Town staff. Salvage operations shall not commence until the Zoning Inspector has performed an inspection and given approval to begin salvage.

b.    No salvage of plants regulated by the Endangered Species Act and/or the Arizona Native Plant Law may occur without the issuance of the appropriate permit by the State Department of Agriculture.

c.    Tagging and fencing shall be completed as outlined below:

i.    Once affixed, the tags shall not be removed until the approved native plant preservation and salvage plan is implemented and Town staff has performed a final inspection in accordance with subsection E.3.a of this section.

ii.    All areas designated to remain as natural open space shall be fenced or taped off for protection during the grubbing and/or grading operation. The applicant shall be responsible for maintaining this “no disturbance” boundary line and no plants shall be salvaged from this protected area.

d.    No plant salvage shall begin until approval by the Planning and Zoning Administrator. After approval of the native plant preservation, salvage, and mitigation plan, the Planning and Zoning Administrator may approve limited boxing of trees. Such boxing shall be at the applicant’s risk. No plant materials will be removed from the site until such time as the applicant may apply for a grading permit. When the final grading limits are established, any boxed tree outside the limits will be reestablished in place and any areas disturbed by equipment will be revegetated. All areas to be preserved in place shall be protected from grading.

((O)11-15, Amended, 5/18/11; (O)11-01, Amended, 2/16/11)

C. Landscape Design

1. Applicability

a.    The provisions of this subsection apply to all projects where a development plan or plat is required in accordance with Section 22.9 of the Oro Valley Zoning Code Revised.

b.    The provisions of this subsection apply to front yard landscaping for individual residential lots in all zoning districts with exceptions specified in subsection F of this section. This section does not apply to residential rear or side yards.

c.    All projects that entail a twenty-five percent (25%) or more expansion of parking area shall meet the requirements of this code for the entire project area.

d.    The provisions of this subsection apply to all projects that entail cumulative revegetation of twenty-five percent (25%) or more landscaped area.

e.    Specific applicability provisions and exceptions to requirements within this section are detailed in subsection F of this section.

f.    Any activity requiring a Type 3 grading permit shall be treated or revegetated in accordance with subsection C.8 of this section.

2. General Landscape Standards

a.    Any part of the development site which has been disturbed and is not required for buildings, structures, private residential yards, loading and vehicular access ways, streets, parking and utility areas, pedestrian walks and hard-surfaced activity areas shall be landscaped.

b.    Natural desert is an acceptable form of landscape. Plants meeting requirements of subsection C.3 of this section, walkways, sculpture rock groupings, and organic and inorganic groundcovers may be used as an alternative. Inorganic groundcovers and architectural features shall not be used exclusive of living plants.

c.    For all proposed subdivisions where front yards are to be graded, one (1) of the following options shall be incorporated:

i.    One (1) tree, placed in the front yard, that has been salvaged from the site.

ii.    One (1) nursery tree, Type 1 or 2 water use and a minimum of twenty-four (24) inch box size, placed in the front yard; and one boulder at least four (4) feet by three (3) feet by three (3) feet in size or two (2) boulders at least three (3) feet by three (3) feet by two (2) feet, and two (2) cacti or shrubs.

iii.    Two (2) nursery trees, Type 1 or 2 water use and a minimum of twenty-four (24) inch box size, placed in the front yard. Tree spacing must comply with subsections C.2.j and k of this section.

d.    In all subdivisions where sidewalks are required, a low-maintenance landscaped curb-way consisting of inorganic groundcover or plants not to exceed Type 2 water use shall be incorporated into the landscape design. A “curb-way” shall be defined as that area between the edge of pavement or back of curb and the sidewalk of any public or private street.

e.    Additional landscaping in street rights-of-way may be required by the Town and shall be subject to acceptance and issuance of a permit from the Town Engineer, or where appropriate, from the Arizona Department of Transportation. Where aggregate groundcover is used as part of the landscape treatment along a street right-of-way, the Town may require that the aggregate groundcover be extended into the street right-of-way, to the edge of the street pavement or curb.

f.    Landscape materials shall not obstruct sight distances or vehicle turning movements.

g.    Landscaped areas that are susceptible to damage by pedestrian or auto traffic shall be protected by appropriate curbs, tree guards, or other devices.

h.    Landscape shall be designed to minimize sediment, sand and gravel being carried into the streets by storm water or other runoff.

i.    A landscape architect must certify that tree species selected and actual planting has been done in a manner that precludes overcrowding at maturity by providing the following:

i.    A general note must be included on the landscape plan verifying that the design enables adequate plant spacing to ensure survivability at plant maturity.

ii.    Prior to release of landscape assurances, the landscape architect must provide a letter with registrant’s stamp verifying that actual planting has been accomplished in a manner to preclude overcrowding.

j.    Mesquite and palo verde trees may not be planted closer than twenty (20) feet on center of another mesquite or palo verde tree with the following exceptions:

i.    A landscape architect documents in writing that a particular variety, such as a screwbean mesquite, will thrive at a closer distance without negative impact to adjacent trees or vegetation.

ii.    Riparian area restoration projects.

k.    Trees shall not be planted under outdoor lighting structures. Landscape plant material shall be arranged in a manner not to obstruct security lighting.

3. Plant Materials and Plant Restrictions

a.    Only plants listed within Addendum C are permitted. Within Addendum C, the plants are organized by specific location requirements that include consideration of plant origin and water use characteristics at maturity. Water use types are delineated as follows:

Type 1: Irrigation needed once a month or less.

Type 2: Irrigation needed twice a month.

Type 3: Irrigation needed once a week.

b.    Use of plant species listed in Addendum C are subject to the following location requirements:

i.    Sonoran and Chihuahuan species that are Type 1 or 2 water use and listed in Addendum C, Tables C-1, C-2, and C-3, may be utilized in all areas of a site.

ii.    Buffer yards, common areas, and parking areas are restricted to Sonoran and Chihuahuan species that are Type 1 or 2 water use and listed in Addendum C, Tables C-1, C-2, and C-3.

iii.    Plantings abutting nonresidential buildings and within residential front yards may include use of species not naturally occurring in the Sonoran and Chihuahuan desert that are Type 1 or 2 water use and listed in Addendum C, Table C-4.

iv.    All Type 3 or 4 water use plants depicted in Addendum C, Table C-4, are restricted to courtyards receiving shade or adjacent to buildings on the north or east elevations.

c.    Plants not specified within Addendum C are considered prohibited, unless approved by the Planning and Zoning Administrator. To be approved, it must be demonstrated that the proposed species or hybrid conforms to the following:

i.    All location requirements in subsection C.3.b of this section.

ii.    Low-pollen-producing relative to typical Sonoran and Chihuahuan desert species.

iii.    All other zoning code provisions, including, but not limited to, the prohibited plant list and height limitations.

iv.    Type 1 or 2 water use.

v.    Noninvasive.

d.    Salvaged native plants must be clearly specified on the landscape plan.

e.    The planting seed mixes listed in Addendum D are required for all revegetation projects in Oro Valley.

f.    The plants listed in Addendum E are specifically prohibited from use in Oro Valley.

g.    Natural turf is prohibited with the following exceptions:

i.    Town of Oro Valley public parks.

ii.    Private parks that serve more than one neighborhood.

iii.    Private parks serving only one (1) neighborhood are limited to no more than fifteen percent (15%) of the total park area.

iv.    Private schools.

v.    Golf course greens and tee boxes only.

For all uses enabled by exception, turf may only be utilized for activity areas and not for ornamental purposes. Private park areas may not be seeded with winter rye.

h.    The following minimum size requirements apply to all required plant materials:

i.    Trees shall be a minimum of fifteen (15) gallons in size, except for off-street parking areas and subdivision front yards as provided herein.

ii.    All shrubs and accent plants shall be a minimum of five (5) gallons in size.

iii.    Cactus shall be a minimum of three (3) gallons in size.

iv.    All groundcover plants shall be a minimum of one (1) gallon in size.

i.    Prior to release of landscape assurances (residential only) and certificate of occupancy (commercial only), a registered landscape architect shall certify that all plant material meets the minimum standards contained in the current editions of the Arizona Nursery Association’s Growers Committee Recommended Tree Specifications and the American Association of Nurserymen as to size, condition, and appearance.

j.    All landscaped areas shall be finished with a natural topping material that may include, but is not limited to, the following: groundcover planting, hydroseed, or mulch (organic or inorganic) of at least two (2) inches in depth. Cactus, shrubs, or other native vegetative groundcover must be planted to cover at least sixty percent (60%) of the area at maturity.

k.    Trees and large shrubs shall be adequately supported when planted.

l.    No trees shall be planted under overhead service wires if their mature heights will interfere with those wires.

m.    Earth berms shall have adequate plant material or groundcover treatment to prevent erosion.

n.    Only plants classified as water use Type 1 shall be permitted in street medians and rights-of-way. Type 2 or 3 plants may be utilized if the designer establishes sufficient rainwater harvesting to ensure survival and compliance with landscape water plan requirements (subsection D.3 of this section).

o.    To ensure plant survival within rainwater harvesting areas, the following must be accomplished:

i.    Type 2 and Type 3 plants shall be located in areas that are designed to harvest the highest amount of water runoff.

ii.    Type 1 plants must be selected and positioned in a manner to ensure tolerance of periodic rainwater harvesting.

4. Buffer Yards

a.    The purpose of buffer yards is to physically transition and visually minimize adjacent land uses, thereby reducing or mitigating visual and living quality impacts associated with particular land uses.

b.    Standards

i.    A buffer yard consists of horizontal space (land) and vertical elements (plants, berms, fences, or walls).

ii.    Buffer yards shall be located on the outer perimeter of a parcel of land, adjacent to the property lines. Buffer yards shall be located in common areas, not in individual lots.

iii.    All plant materials used in required buffer yards shall be Type 1 or 2 water use. Type 3 or 4 plants may be utilized if the designer certifies availability of sufficient rainwater harvesting to ensure survival and compliance with all landscape water plan requirements (subsection D.3 of this section).

iv.    When buffer yards occur adjacent to each other (i.e., along the property lines of two (2) adjacent properties) the Planning and Zoning Administrator may require a pedestrian trail running through the buffer yard(s). The Planning and Zoning Administrator may also require a minimum twenty (20) foot wide corridor that provides pedestrian ingress/egress between the two (2) properties from the adjoining buffer yards.

v.    Buffer yards shall not be located within any portion of an existing or dedicated public or private street or right-of-way, unless specifically permitted by zoning or approved by the Town Engineer.

vi.    Determination of buffer yard requirements:

(A)    Buffer yards for all zoning districts shall be provided as specified in Table 27-7.

(B)    Buffer yards between districts are not required where the boundary between the districts is a street.

(C)    Buffer yards are not required within a POS (parks and open space) district for any areas left as natural open space.

(D)    Where a development abuts a public street, buffer yards shall be provided along all perimeter street frontages as provided in Tables 27-8 and 27-9.

(E)    Perimeter street buffer yards are not required where homes front on the perimeter street.

(F)    Where conflicts with sight visibility, scenic views or other standards and requirements occur, modification to the buffer yard requirements may be made by the Planning and Zoning Administrator.

TABLE 27-7: REQUIRED BUFFER YARDS

 

Zoning District of Adjacent Development Site

Zoning District of Proposed Development

R1-144, R1-72, R1-43, R1-36, R1-20

R1-10, R1-7, R-4, SDH-6

R-4R, R-6, R-S, POS, PS

C-N, C-1, C-2,

T-P, P-1

R1-144, R1-72, R1-43, R1-36, R1-20

No Buffer

No Buffer

No Buffer

No Buffer

R1-10, R1-7, R-4, SDH-6

A

No Buffer

No Buffer

No Buffer

R-4R, R-6, R-S, POS, PS

B

B

A

No Buffer

C-N, C-1, C-2, T-P, P-1

B

B

B

No Buffer

 

TABLE 27-8: REQUIRED PERIMETER STREET FRONTAGE BUFFER YARDS FOR RESIDENTIAL USES

Perimeter Street Type

ARTERIAL

COLLECTOR

RESIDENTIAL

Street Frontage Buffer Yard

B (25' min)

A (15' min)

A (15' min)

 

TABLE 27-9: REQUIRED PERIMETER STREET FRONTAGE BUFFER YARDS FOR COMMERCIAL USES

Perimeter Street Type

ARTERIAL

COLLECTOR

RESIDENTIAL

Street Frontage Buffer Yard

B (30' min)

B (30' min)

B (30' min)

vii.    Buffer Yards “A” and “B” are defined in the following tables:

TABLE 27-10: REQUIRED PLANTINGS FOR BUFFER YARD “A”

Minimum Width

10'

15'

20'

Plants per 100 Lineal Feet

4 Trees

5 Shrubs or Cactus

10 Accents or Cactus

4 Trees

4 Shrubs or Cactus

8 Accents or Cactus

Natural Desert

 

TABLE 27-11: REQUIRED PLANTINGS FOR BUFFER YARD “B”

Minimum Width

15'

20'

30'

40'

Plants per 100 Lineal Feet

5 Trees

8 Shrubs or Cactus

15 Accents or Cactus

4 Trees

7 Shrubs or Cactus

12 Accents or Cactus

4 Trees

5 Shrubs or Cactus

10 Accents or Cactus

Natural Desert

viii.    The natural desert buffer areas must provide trees for visual relief and screening. Any trees added to meet this requirement shall be grouped to buffer existing uses and to minimize disturbance of natural desert areas.

c.    Responsibility for Buffer Yard

i.    When a use is the first to develop on two (2) adjacent vacant parcels, the first use shall provide the required buffer per Table 27-7, based on existing zoning.

ii.    The second property owner may develop an additional, parallel, full buffer yard as specified in Table 27-7, Required Buffer Yards, or may supplement the requirements by using elements of the existing, abutting property buffer yard as described below.

(A)    Deduct the width of the existing buffer yard from the required buffer yard width specified in Table 27-7. The remaining width is the amount of land to be provided by the second property owner to meet the buffer yard requirements.

(B)    Deduct the number of plants from the existing buffer yard from the number specified for the required buffer yard in Table 27-7. The remaining number of plants shall be provided on the second property to meet the buffer yard requirements.

(C)    The second property owner shall design the required buffer yard to be compatible with the existing buffer yard.

d.    Use of Buffer Yards

i.    Individual or combined buffer yards of twenty-five (25) foot width, or wider, may be used for passive recreation. They may contain sculpture, benches, and pedestrian, bike or equestrian trails; provided, that:

(A)    For natural desert buffer yards, disturbance of existing plants shall be minimized. Any disturbed areas shall be revegetated. Trees that must be moved shall be relocated within the buffer yard.

(B)    For constructed buffer yards, no plant material shall be eliminated.

(C)    All other regulations of this section are met.

ii.    In no event shall the following uses be permitted in buffer yards:

(A)    Playfields.

(B)    Stables.

(C)    Swimming pools.

(D)    Racquetball and tennis courts.

(E)    Other active, structured recreational uses.

(F)    Parking lots.

(G)    Circulation drives except at required access points.

5. Screening

a.    The purpose of screening requirements is to provide a partial visual barrier between adjacent land uses to enhance buffering, improve compatibility, aesthetics and visual quality of the community.

b.    Standards

i.    When new development is adjacent to developed residential uses, the entire perimeter landscape buffer and screening along property lines common with the developed residential use shall be installed in the first phase of the new development.

ii.    Screening devices shall be installed and maintained in accordance with the following table:

TABLE 27-12: REQUIRED SCREENING

Zoning District of Proposed Development

Zoning District of Adjacent Development Site

R1-144, R1-72, R1-43, R1-36, R1-20

R1-10, R1-7, R-4, SDH-6

R-4R, R-6, R-S, POS, PS

C-N, C-1, C-2, T-P, P-1

R1-144, R1-72, R1-43, R1-36, R1-20

No

No

No

No

R1-10, R1-7, R-4, SDH-6

Yes

No

No

No

R-4R, R-6, R-S, POS, PS

Yes

No

No

No

C-N, C-1, C-2, T-P, P-1

Yes

Yes

Yes

No

iii.    The requirement for a screen may be waived or the height lowered by the Planning and Zoning Administrator if the buffer yard, topography, or layout of development provides adequate screening to surrounding properties, or if it would create an unsafe, unusable alley between two (2) walls.

iv.    The Planning and Zoning Administrator may increase the height of a wall and/or the number of required plantings if the buffer yard, topography, or layout of the development does not otherwise adequately screen surrounding properties.

v.    Screening devices required by this section shall be masonry (or functionally similar material) construction to provide a five (5) foot high screen. The screen shall create a complete visual barrier for its entire height and length.

vi.    Where new nonresidential development is adjacent to residential uses, the perimeter screen must consist of a five (5) foot high (minimum) wall and desert trees. Tree spacing shall provide for canopies at maturity to form a continuous visual screen.

vii.    Solid walls greater than forty (40) feet in length shall be articulated or varied by using at least two (2) of the following techniques:

(A)    Decorative features such as caps, patterns, and variations in texture or materials.

(B)    Use of swales, berms and landscaping.

(C)    Undulations or offset areas.

(D)    Varied setbacks.

viii.    All required screening devices shall be architecturally compatible with the materials and design of the buildings on the site.

ix.    Vegetation shall be required and maintained on the external side of a screen wall to provide visual relief when viewed from the property being buffered. For residential development the wall shall be on the property line of the lots and all of the vegetation buffer shall be outside the wall in a common area.

x.    Breaks in screens may be required by the Planning and Zoning Administrator to provide pedestrian and bicycle access between residential areas and commercial/service uses, particularly if these uses serve the adjoining neighborhood.

xi.    Parking facilities and/or internal drives which abut a public right-of-way or where vehicle headlights may shine on adjacent residences or natural open space shall provide a minimum three and one-half (3 1/2) foot high decorative masonry wall and/or depressed parking, or a combination thereof.

xii.    All refuse areas shall be screened on three (3) sides with a six (6) foot masonry wall and plantings and shall be finished to match the architectural character of the project. A self-closing, self-latching gate shall be installed on the fourth side of the enclosure. The gate shall be designed to provide a complete visual barrier and finished to match the architectural character of the project.

xiii.    All operations and storage shall be conducted within a completely enclosed building or within an area enclosed by a solid wall at least six (6) feet in height; provided, that no objects shall be stacked higher than the wall so erected.

xiv.    Additional screening requirements for a sexually oriented business:

(A)    Wrought-iron fencing shall be used to enhance surveillance. No solid block walls are permitted, except in the following cases:

(B)    If a business adjoins a site utilized for residential purposes, a continuous solid eight (8) foot high wall shall be utilized along the full length of the common adjoining property line.

(C)    If the business is located in a standalone pad, a combination solid and wrought-iron eight (8) foot high view fence shall be utilized around the entire perimeter.

6. Off-Street Parking and Vehicle Use Areas

a.    The purpose of parking and vehicle use area landscaping requirements is to provide pedestrian refuge, adequate shade, heat reduction and visual relief. Landscape design is a primary component of off-street parking areas.

b.    Standards

i.    Every sixth row of parking spaces shall be separated by a landscaped island measuring a minimum ten (10) feet wide (inside of curb to inside of curb) running the length of the parking row. Pedestrian walkways, four (4) feet in width, shall be provided inside the curb, running the length of the parking row and meandering around the trees. The island shall include one (1) canopy tree a minimum thirty-six (36) inch box in size for every six (6) parking spaces abutting the island.

ii.    Along each parking row, one (1) landscape island shall be provided for every nine (9) parking spaces. The island shall measure a minimum of ten (10) feet wide and twenty (20) feet in length. One (1) canopy tree shall be planted in each island.

iii.    Trees within parking islands shall be a minimum of twenty-four (24) inch boxed, or two (2) inch spaded, or larger size.

iv.    Light poles shall not be located within parking islands.

v.    Parking area landscape islands may be designed to harvest rainwater, as approved by the Town Engineer. This practice is encouraged to meet rainwater harvesting volume requirements.

vi.    Loading areas shall be screened from adjoining properties and public thoroughfares with a six (6) foot high opaque screen, consisting of a decorative wall, earth berms, or a combination of such elements.

vii.    If a loading zone is visible from an adjacent street, residential use, or residential zoning district where development is anticipated, a minimum five (5) foot wide landscaped area must be provided adjacent to required opaque screens.

viii.    Drive-through windows and stacking lanes shall be screened from adjacent properties and public thoroughfares with a five (5) foot wide landscape island. Screening shall be a minimum of three (3) feet in height. The screen shall be located on the outside of the drive-through lane and shall screen queuing automobiles from any adjacent use.

7. Nonresidential Uses.

The following standards supplement buffering and screening requirements and apply to all nonresidential development projects and are intended to provide appropriate mitigation for incompatibilities and aesthetic enhancements of commercial and auto-oriented development.

a.    For all new projects that include phases for future completion, a master landscape palette shall be developed as part of the first phase and applied as development progresses.

b.    When part of a center with two (2) or more lots or building pads, the landscaping of any pad building shall be compatible with the landscape design of the main center.

c.    When located in a center with two (2) or more lots or building pads, clearly identifiable landscaped pedestrian walkways shall be installed connecting the pad buildings to parking areas, streets, and the larger commercial center.

d.    All buildings, whether freestanding pads or part of a larger center, shall have a minimum ten (10) foot landscaped area on all four (4) sides of the building subject to the following:

i.    Clusters of potted plants and raised planter areas may be utilized where planting beds are impractical.

ii.    Walkways, sidewalks, or patios may be included in the ten (10) foot landscaped area; provided, that the planting area is at least four (4) feet wide except where required for access.

iii.    If the building has a loading zone, drive-through window, and/or stacking lanes, then the five (5) foot landscaped island required per subsection C.6.b.viii of this section may be substituted for the landscaped area along the corresponding side of the building.

e.    Landscaping around automatic teller machines (ATMs) or weekend deposit boxes and restrooms shall be placed so as to maximize outside visibility of the ATM, deposit box, and restrooms.

f.    Planting and selection of landscape materials for use at sexually oriented businesses shall allow sight lines to remain open and create barriers to minimize places of concealment. The following landscape requirements shall be incorporated:

i.    Plants that have thorns or needles and a dense structure shall be used as barriers in the following areas:

(A)    Spaces that are largely unobserved and enable a potential hiding place.

(B)    Within a fifteen (15) foot radius of gathering places such as sidewalks, pathways, parking lots, open space areas, and pay phones.

(C)    All sides of the building shall have a continuous perimeter of six (6) foot high landscape material within a minimum of six (6) feet of the structure, excluding entrance doors, loading zones, and windows.

(D)    The entire area under each window shall be landscaped up to the edge of the window sill. Landscaping may not extend above the window sill.

ii.    Tree canopies shall be maintained to ensure that branches or canopy foliage is not below a height of six (6) feet so to not hinder the site visibility around the building, specifically in front of windows, and into the parking lot.

iii.    Shrubs, accents, and groundcovers shall not exceed two (2) feet in height, within parking areas and landscaped buffer yards.

8. Revegetation.

Revegetation is required in order to restore natural vegetation and habitat and to minimize soil erosion potential of graded and/or disturbed land resulting from any permitted or nonpermitted construction activity in the Town. Further, revegetation provides improved air filtration and absorption of carbon monoxide and production of oxygen and is considered an essential measure in preserving the natural resources and character of the unique Sonoran Desert ecosystem existing in Oro Valley and Eastern Pima County.

a.    A revegetation plan shall be submitted for all development projects, public and private, that require a landscape plan or grading permit. The revegetation plan shall be included with the landscape plan submittal.

b.    Graded areas that are to be revegetated shall be planted with species appropriate to the site and its surrounding native habitat. “Appropriate,” in this sense, means that revegetation will be done, to the extent practical, with the same species and density present on undisturbed adjacent or nearby sites.

c.    Acceptable revegetation includes the planting of desert trees, desert shrubs, and large specimen cacti or the seeding of desert trees, desert shrubs, and grasses, with an adequate density to control erosion. Only those species that are compatible with the site, soils, and conditions in which they will be planted shall be used.

d.    The seed mixes specified in Addendum D are required for all revegetation work. Seeds may be raked into the soil with appropriate mulch material or established by hydroseeding, anchored mulches, or jute, rolled straw or similar material approved by the Planning and Zoning Administrator and the Town Engineer.

e.    Temporary irrigation of revegetated plant materials may be appropriate, along with other maintenance procedures needed to establish the plants. Temporary irrigation systems shall utilize components, designs and best practices in order to minimize water use.

f.    In the process of establishing vegetation in areas of low soil productivity, the following minimum slope and surface requirements shall be followed as preconditions for revegetation:

i.    Slopes shall be no steeper than three to one (3:1) unless otherwise specified in a site-specific soils report prepared by a registered civil engineer and approved by the Town Engineer.

ii.    Slopes/surfaces shall be designed for stability.

iii.    Slopes/surfaces shall be designed for control of surface runoff and groundwater recharge.

iv.    Slopes/surfaces shall be designed for quick establishment of vegetation.

v.    A system of bench terraces or diversions may be needed to reduce effective slope length.

g.    For slopes steeper than three to one (3:1) that will not readily support soil-binding plants, plant material may have to be held in place with mechanical structures such as retaining walls or rip-rap in accordance with a soils report prepared by a licensed professional engineer and approved by the Town Engineer.

h.    Sites that are marginal for stabilization with vegetation alone, as determined by the Town Engineer, shall be successfully held in place by a combination of mechanical and vegetative means as approved by the Town Engineer.

((O)11-15, Amended, 5/18/11)

D. Irrigation and Water Management

The provisions set forth in this section are designed to conserve groundwater using standards for the installation of efficient, intelligent landscape irrigation systems, establishing annual water plans for landscaped areas, and requiring the installation of passive rainwater harvesting systems.

1. Applicability

a.    The provisions of this subsection apply to all projects where a development plan or plat is required in accordance with Section 22.9 of the Oro Valley Zoning Code Revised, with appropriate exceptions as noted herein.

b.    The provisions of this subsection apply to front yard landscaping of individual residential lots in all zoning districts with exceptions specified in subsection F of this section. This section does not apply to residential rear or side yards.

c.    All projects that entail a twenty-five percent (25%) or more expansion of parking area shall meet requirements for the entire project area, except as provided in subsection D.1.f of this section.

d.    The provisions of this subsection apply to all projects that entail cumulative revegetation of twenty-five percent (25%) or more landscaped area, except as provided in subsection D.1.f of this section.

e.    All development, or redevelopment projects that propose an increase or replacement of landscaped area of five thousand (5,000) square feet or more, shall install an intelligent irrigation control system that meets the requirements of subsection D.2.d of this section to manage water distribution for the entire site.

f.    Developments are eligible for exemption from the requirements of subsections D.3, Landscape Water Plan, and D.4, Rainwater Harvesting, of this section if one (1) of the following requirements is met on or before June 1, 2010:

i.    The specific development has a valid unexpired master development plan, development plan, or recorded final plat. Any of the aforementioned “plans” or “plat” subsequently submitted for any reason cannot take advantage of this exemption.

ii.    Substantial drainage improvements to accommodate the entire specific development are constructed.

g.    Specific applicability provisions and exceptions to requirements within this section are detailed in subsection F of this section.

2. Irrigation System.

Provision shall be made for an approved method of underground automatic irrigation.

a.    An irrigation system shall be employed until such time as the plant materials are sustained by natural water sources. The purpose of the irrigation system is to provide adequate watering for plant establishment and to supplement rainfall as needed.

b.    Not less than quarterly inspections and seasonal maintenance of irrigation systems are required. Compliance will be enforced as specified in subsection E.2.c.ii.A of this section.

c.    Irrigation systems shall be designed to be site-specific, reflecting plant type, soil type, infiltration rates, slopes, and prevailing wind direction.

d.    All properties that employ an irrigation system shall install and maintain a control system. Control systems, including single-family residential applications, shall sense localized conditions to preclude over-watering. It shall prevent the irrigation system from turning on when specified minimum soil moisture content is present; and shall provide for differentiated plant watering needs.

e.    An irrigation control schedule must be provided. Schedule must indicate compliance with the following:

i.    Landscape water plan (subsection D.3 of this section) requirements with emphasis on methods to successfully implement required irrigation reduction.

ii.    All irrigation control systems shall be operated and maintained to reduce water application during the months of October through February.

f.    Irrigation must be provided in the following manner:

i.    Drip irrigation, low-flow bubblers, or similar components are permitted. Only pressure-compensating and self-flushing emitters may be utilized.

ii.    Sprinkler heads may only be utilized for turf applications. Use shall conform to individual site conditions and be tested for uniformity and distribution performance in accordance with subsection E.2.a.ii.B of this section.

iii.    All irrigation system components shall be durable and long lasting. The type utilized depends on long- or short-term use as follows:

(A)    Rigid piping such as polyvinyl chloride (PVC) or other materials with a similar or longer service life is encouraged for areas that require irrigation beyond a period of five (5) years.

(B)    A minimum of one-half (1/2) inch poly tubing must be utilized for all irrigation areas.

iv.    Irrigation systems connected to potable water mains (public or private) shall be equipped with backflow preventors.

v.    Irrigation water shall not leave the landscaped areas and flow onto roads, parking areas or sidewalks.

vi.    Sprinkler heads shall be installed at least eight (8) inches away from impermeable surfaces (e.g., sidewalks, buildings, walls, etc.).

vii.    The irrigation system shall be operated such that annual water use is the same or less than the approved, annual landscape water plan (subsection D.3 of this section). Seasonal adjustments of the irrigation schedule and maintenance are required and are the responsibility of the property owner.

g.    Irrigation and/or watering plans shall meet the minimum standards of the American Society of Irrigation Consultants.

h.    Metering

i.    Separate water meters dedicated to irrigation systems are an important tool in managing water use and measuring water conservation. Separate irrigation water meters shall be installed for the following types of development:

(A)    Nonresidential.

(B)    Multifamily.

(C)    Residential subdivision common areas only.

ii.    Irrigation submeters may be approved if:

(A)    Adequate capacity exists in the primary meter to meet site water demands including domestic, irrigation, and other uses.

(B)    Use of a submeter does not interfere with Town’s ability to collect water usage data.

(C)    Compliance with all design and location standards is established by the water utility provider.

3. Landscape Water Plan

a.    To ensure irrigation efficiency and water conservation goals are accomplished, a landscape water plan specifying a maximum amount of water to be applied on an annual basis shall be established for any irrigated landscape.

b.    The plan shall include:

i.    Calculation of the monthly and total annual water use (gallons) required for all specified plant materials at maturity stage.

ii.    Specific water use reduction in accordance with subsections D.3.e and f of this section.

iii.    Delineation of project phases, if applicable, with corresponding water use details for each phase so that actual water use can be clearly compared with allocated amounts.

c.    The landscape water plan, including the reduction amounts, shall be listed on the landscape plans.

d.    Plant water use calculations shall be based on the most current plant water use information from the Arizona Department of Water Resources.

e.    The irrigation reduction plan for landscaping shall be implemented three (3) years after issuance of the first certificate of occupancy. Metered water use for landscape irrigation shall be reduced by fifty percent (50%) five (5) years from the date of the issuance of the certificate of occupancy.

f.    Eventual discontinuation of irrigation is preferred for all landscaped areas. Irrigation within the following landscape areas must be discontinued from irrigation:

i.    All vegetation located in buffer yards shall not receive irrigation water after five (5) years from the certificate of occupancy date.

ii.    All vegetation within roadway medians and rights-of-way shall not receive irrigation water after five (5) years from the date of project completion.

g.    The annual water use for a project shall not exceed the annual landscape water plan.

h.    Meter readings are to be accomplished as follows:

i.    Irrigation meter readings shall be used to determine compliance with the landscape water plan. Noncompliance is subject to penalties under Oro Valley Town Code.

ii.    Meter readings shall be taken, at a minimum, on an annual basis. Monthly readings may be required, at the discretion of Planning and Zoning Administrator, in order to address noncompliance with the Water Plan.

iii.    An initial meter reading taken prior to the issuance of the certificate of occupancy shall be recorded for reference as part of water plan reporting requirements (subsection E.2.b of this section).

i.    The landscape rainwater plan shall not be enforced for the first year, commonly referred to as the plant establishment period.

j.    Within three (3) years from the date of issuance of a final certificate of occupancy, the applicant, or a successor in interest, may request to revise the landscape rainwater plan. The request shall be submitted to the Planning and Zoning Administrator. The request shall be granted only if one (1) of the following applies:

i.    A mathematical error was made in the calculation of water required for on-site landscaping.

ii.    Additional data on plant water consumption relevant to or relative to the subject site has been obtained, and results indicated a needed change in landscape water plan calculations included with the landscape plan.

4. Rainwater Harvesting.

“Rainwater harvesting” is defined as intercepting, catching, storing, diverting, or directing storm water runoff from roofs, parking areas, etc., during rain events and putting it to beneficial use. Adopted Town goals and policies specify the use of rainwater harvesting systems to supplement irrigation and reduce water use while supporting the area’s flora and fauna.

a. Rainwater Harvesting Plan

i.    The rainwater harvesting plan is required and shall:

(A)    Specify the rainwater harvesting system(s) to be utilized.

(B)    Integrate with the landscape water plan (subsection D.3 of this section) and include the design details for implementing on-site rainwater harvesting.

(C)    Integrate with site grading design and show how any combination of capture, conveyance, storage, and distribution will be utilized on site to harvest rainwater runoff.

(D)    Be provided concurrently with a development plan, preliminary plat, landscape plan, and grading plan.

(E)    Be stamped by a registered landscape architect and civil engineer.

(F)    Ensure catchment of rainwater into all landscaped buffer yards and common area landscaped elements.

(G)    When a project is phased, represent how each phase will meet rainwater harvesting requirements.

(H)    For subdivisions that propose fully graded front yards, the plan shall include alternatives to facilitate the construction of rainwater harvesting systems and specific planting options on the variety of front yard configurations found in the proposed subdivision. The plan shall be implemented on each lot prior to issuance of a certificate of occupancy for that residence.

b. Rainwater Harvest System General Provisions

i.    Both active and passive rainwater harvesting systems are permitted. Only passive systems are required. Types of systems:

(A)    Passive System. Diverts or directs rainwater runoff to appropriate locations where it is collected and allowed to infiltrate the soil naturally. This system contains no long-term storage capabilities.

(B)    Active System. This type of system employs a reservoir or other water storing apparatus to catch and store rainwater for later use with conventional landscape irrigation systems. It typically involves electric pumps and valves, and will be cross-connected to the site irrigation system.

ii.    Passive rainwater harvesting systems shall provide for the drainage of rainwater into a system of catchments on the site.

iii.    Site discharge water budgeting shall be in accordance with the criteria set forth in Section 11.3.5 of the Town of Oro Valley Drainage Criteria Manual. Reductions in detention requirements will not affect the overall site water budget requirements.

iv.    Standing water must be managed as follows:

(A)    Standing water for passive rainwater harvesting systems must infiltrate or dissipate within twelve (12) hours of rainfall cessation.

(B)    Active rainwater harvesting systems by definition shall be able to store water for future use. All active rainwater harvesting storage systems must be enclosed, covered and mosquito proof.

v.    All water collected and utilized for rainwater harvesting from parking lots and streets must meet the same discharge quality as stipulated within the Town of Oro Valley Drainage Criteria Manual, Section 11.7, First Flush Requirements.

vi.    Active rainwater harvesting systems shall be approved by the Town Engineer and Building Official. Systems that connect to a potable water supply must have backflow protection installed and meet the requirements of Article 15-23 of the Town of Oro Valley Town Code, Backflow Prevention and Cross-Connection Control Program.

vii.    All passive rainwater harvesting catchment areas shall be vegetated. The landscape architect shall certify that species appropriate to the anticipated level of water collection have been utilized.

viii.    Eighty (80) percent of the area within each linear buffer yard segment must be graded to a minimum depth of four (4) inches to enable collection of rainwater with the following exceptions:

(A)    The area or a portion thereof will remain undisturbed and in a natural state.

(B)    There are prohibitive site characteristics such as slope as determined by the Planning and Zoning Administrator and the Town Engineer.

c. Rainwater Harvest System Single-Family and Townhouse Residential Provisions

i.    There is not a minimum required volume of rainwater harvesting; however, design for water catchments is required within all buffer yards, common areas, recreation areas, and front yards.

ii.    For lots with fully graded front yards, catchment areas to utilize rainwater must be established for plant use. At a minimum, depressions and/or wells must be established for all trees.

iii.    Plants in front yards, buffer yards, and common areas that require irrigation may not be established in areas that are shaped in a manner to not enable partial containment of irrigation or rainwater.

iv.    Eighty (80) percent of the areas within recreation and common areas must be graded to a minimum depth of four (4) inches to enable collection of rainwater deposited in the immediate area with the following exceptions:

(A)    The area or a portion thereof will remain undisturbed and in a natural state.

(B)    There are prohibitive site characteristics such as slope as determined by the Planning and Zoning Administrator and Town Engineer.

(C)    The specific footprint of a recreation fixture may be exempted when positive drainage is required to ensure function and durability as determined by the Planning and Zoning Administrator. Examples include swimming pools, tennis courts, and tot facilities.

v.    Active systems may be established within building setbacks.

d. Rainwater Harvest System Multifamily Residential, Commercial, Technical Park, and Other Nonresidential Provisions

i.    Projects shall include a minimum volume of rainwater harvesting in accordance with the following equation:

VWHgal = ΣAIS x 3,000 gal/acre

Where: VWHgal = Volume of rainwater harvesting in gallons

ΣAIS = Sum of all impervious surface areas including pavements, sidewalks, hardscape elements, and buildings.

ii.    When a project is planned and developed in phases, each individual phase must independently achieve the extent of rainwater harvesting required. Harvesting requirements may not be transferred from one (1) phase to another.

iii.    Rainwater harvesting basins may be combined with site detention basins; provided, that the residual ponding will dissipate within twelve (12) hours. This shall be demonstrated by a combination of percolation, evapotranspiration and positive outflow device such as a metered pipe. At a minimum, a positive outflow pipe shall be installed no higher than four (4) inches above the basin invert.

iv.    No passive rainwater harvesting basins shall be allowed within ten (10) feet of a building or vertical structural element greater than four (4) feet in height without special structural consideration and design approved by the Town Engineer and the Town Building and Safety Official.

v.    Access is to be provided to all rainwater harvesting basins, appurtenant structures and facilities. The following must be achieved to evaluate and provide access:

(A)    Clearly delineate area on the grading and landscape plans.

(B)    Position as to provide minimal disturbance to the site vegetation.

(C)    Must be sized to enable maintenance by the methods with the least potential for ground disturbance and reduction of planting area.

e.    Detention Credit. Detention volume may be reduced at a one-to-one (1:1) volumetric ratio by the volume utilized for rainwater harvesting. This volumetric ratio must be confirmed for the two (2), ten (10), twenty-five (25) and one hundred (100) year storm events and approved by the Town Engineer.

5. Water Features.

The use of water for ornamental purposes, such as water fountains, as a component of landscaping is not permitted.

E. Administration

1. Application, Processing and Approval
a. Application

i.    SRI and native plant preservation, salvage and mitigation plans (NPPSM plans), prepared in accordance with subsection B of this section, shall accompany applications for development plans, use permits, and preliminary plats.

ii.    Landscape and water plans for landscape, irrigation, buffer yards, common areas, screening, water harvesting and revegetation, prepared in accordance with requirements of this section, shall accompany applications for development plans, use permits and preliminary plats.

iii.    For subdivisions with fully graded front yards, landscape plan options must be submitted for front yards at the time of preliminary plat review.

iv.    The SRI, NPPSM plans and the landscape plans and supporting data shall be prepared in accordance with any supplemental requirements detailing rainwater harvesting, landscape or irrigation design. NPPSM plans and landscape plans may be submitted for Town review as a single package.

v.    Landscape plans shall indicate the location of required publicly accessible artwork required as stipulated in Section 27.3.

b. Processing

i.    A preapplication conference is required prior to the submittal of landscape plans, preliminary plat, or development plan, at which the applicant shall present conceptual landscape and irrigation plans, including an integrated design for rainwater harvesting features in the project.

ii.    The landscape plan submittal will be checked by the Planning and Zoning Administrator for completeness. If found to be incomplete as to those requirements set forth in subsections C anD D of this section, the submittal will be rejected and the applicant notified within ten (10) working days of the date the plans were received.

iii.    Upon the Planning and Zoning Administrator’s certification of completeness of the landscape plan submittal, copies of the plans will be distributed to the reviewing agencies and any other interested parties, who will make known their recommendations in writing.

iv.    The Planning and Zoning Administrator will assemble the responses from the various reviewing agencies and maintain a file of all responses received.

c. Approval

i.    The SRI and NPPSM plans will be reviewed and may be approved by the Planning and Zoning Administrator.

ii.    Landscape plans will be reviewed and may be approved by the Planning and Zoning Administrator.

2. Audits, Reporting, and Compliance
a. Audits

i.    A landscape irrigation audit is required prior to the issuance of a certificate of occupancy and otherwise may be mandated by the Zoning Inspector due to suspected or reported noncompliance with the provisions of this section.

ii.    When a new irrigation system is installed within new residential subdivision common areas, multifamily common areas, and nonresidential development, an on-site landscape irrigation audit of the newly installed irrigation system shall be performed by a Town-approved certified landscape irrigation auditor, prior to the issuance of a certificate of occupancy.

(A)    The auditor shall be independent of the property owner and of all contractors associated with the property.

(B)    The audits shall be conducted in accordance with the current edition of the Landscape Irrigation Auditor’s Handbook, published by the Irrigation Association. The average distribution uniformity results for the site audit shall be a minimum of eighty percent (80%) emission uniformity for drip irrigation and seventy-five percent (75%) for all rotary systems.

(C)    The results of the audit shall be provided to the Zoning Inspector in a letter or other form acceptable to the Town, and shall be signed by the auditor.

iii.    The licensed contractor must certify that all irrigation was installed in the manner specified on the landscape and irrigation plans prior to issuance of certificate of occupancy.

b. Water Plan Reporting

i.    In order to assess compliance with the water plan when applicable, the irrigation meter or meters shall be assessed, at a minimum, on an annual basis by the Oro Valley Water Utility. When a violation occurs, as determined by the Planning and Zoning Administrator, meter reading may be repeated on a monthly basis until conformance is achieved.

c. Compliance

i.    Upon review of annual water use, the Planning and Zoning Administrator shall make a determination of compliance with the approved annual landscape water plan for the site. Noncompliance is subject to penalties under Oro Valley Town Code.

ii.    The Planning and Zoning Administrator may provide an exception to landscape water plan compliance subject to the following conditions:

(A)    Applicant must provide records to establish that irrigation has been routinely inspected at least on a quarterly basis and maintained accordingly within one (1) month of any noted deficiencies; and

(B)    Overage is due to unforeseen event, such as a broken private service irrigation line that has been repaired within one (1) month of recorded water use increase; or

(C)    Drought conditions not occurring within a ten (10) year statistical trend require a justifiable increase during the months of March through September. This provisional increase allowance will be negated if the water utility provider mandates water reductions due to severe drought; or

(D)    A significant number of plants must be replaced due to disease or insect infestation. Overage must directly correspond with specific replacement plant needs and a three (3) year establishment period.

3. Inspections
a. Native Plant Salvage

i.    No permit for grubbing or grading of a site may be issued prior to the completion of the initial on-site inspection.

ii.    For single-family lot development, the Zoning Inspector shall verify limits of grading and the relocation of any salvaged plants in accordance with the approved site plan.

iii.    A follow-up inspection shall be performed which verifies the required on-site relocation of salvaged plants to their new locations or the holding nursery, and the required in-place preservation of native plants.

b. Landscape and Revegetation

i.    All property required by the Oro Valley Zoning Code Revised to be landscaped, stabilized or revegetated shall pass a landscape inspection prior to the issuance of a certificate of occupancy. Such inspections shall be requested by the applicant at least twenty-four (24) hours prior to being performed.

ii.    The Planning and Zoning Administrator will have the right to refuse to pass any project not in conformance with the approved landscape plans or not meeting the provisions of this chapter.

iii.    The Zoning Inspector will also have the right to reject landscape materials as being substandard as to size, condition, or appearance.

iv.    After the landscape installation is complete, periodic on-site landscape inspections may be performed by the Zoning Inspector to ensure proper maintenance.

4. Maintenance

a.    Property owners, lessees, and occupants shall maintain required landscape, irrigation, buffering, screening and rainwater harvesting system improvements to the standards identified herein and on the approved plans.

b.    Maintenance of landscape, irrigation, rainwater harvesting basins, buffering and screening improvements shall consist of:

i.    Regular watering until plants are established and capable of surviving without irrigation.

ii.    Watering of replacement vegetation within buffer yards is limited to only the replacement vegetation after implementation of the five (5) year irrigation stoppage requirement.

iii.    Checking, adjusting, repair and replacement of irrigation equipment, with the originally specified materials or their equivalents, as necessary to ensure water efficiency, prevent leaks and maintain water plan compliance. Broken or leaking irrigation components shall be repaired within seventy-two (72) hours of notice.

iv.    Removing debris, sediment, sand, and gravel carried into streets or parking areas within seventy-two (72) hours of notice.

v.    Checking, clearing and repair of water collection basins, spillways, and distribution systems including maintenance of basin infiltration capabilities in accordance with the approved plans.

vi.    Inlet and outlet structures are to be kept free of vegetation and debris at all times.

vii.    Pruning and fertilizing.

viii.    Clearing of prohibited species, debris and weeds.

ix.    Removal and replacement of dead plants within forty-five (45) days of notice with plant materials of the same species and of similar size and quality.

x.    Aerating and de-thatching turf areas.

xi.    Replenishing mulch.

xii.    Repair of architectural features.

c.    The maintenance schedule and requirements for rainwater harvesting basins shall be detailed in private covenants, conditions and restrictions (CC&Rs). The homeowner’s association (HOA) or responsible party shall be clearly identified within the CC&Rs and shall be responsible for maintenance of basins and rainwater harvesting appurtenances and maintenance recordkeeping.

d.    Lack of maintenance as above described shall constitute a violation of this section. The property owner and/or occupant or lessee shall be held jointly and severally liable for any infraction of the requirements set forth in this section.

e.    During the effective period of the grading permit, any weedy species (e.g., buffelgrass, Russian thistle, telegraph plant, desert broom, ragweed, pigweed, or burrow brush, among others) that have grown in a graded area shall be removed in order to prevent the spread of such species.

((O)11-15, Amended, 5/18/11)

F. Applicability Provisions and Exceptions

1.    This subsection identifies specific exceptions to standards contained in this section. It is to be utilized in conjunction with specific applicability provisions provided in subsections C anD D of this section.

2.    Table 27-13 identifies code sections that do not apply to specific types of development activity.

3.    The Planning and Zoning Administrator shall make a determination of applicability in cases where applicability is unclear or ambiguous.

Table 27-13

Landscape Conservation, Section 27.6 Applicability 

Code Section 27.6

Single-Family R1-300, 144, 43,
36, 20 Custom Homes

Single-Family R1-10,
R1-7 Model Homes

Multifamily R-4,
R-4R, R-S, R-6

Commercial and Other
Uses C-N, C-1, C-2, PS, T-P,
P-1, POS

25% or > Expansion
of Parking

Revegetation of 25%
or > Area

Subdivision Common Area

Notes

C. Landscape Design

Plant Materials and Plant Restrictions

C.3.a – f

Y1

Y1

Y1

Y

Y

Y

Y

1. Applies only to common areas and front yards; does not apply to side or rear yards.

C.3.g – h

Y1

Y1

Y

Y

Y

Y

Y

 

C.3.i

Y2

Y2

Y

Y

Y

Y

Y

2. Applies only to subdivision common areas.

C.3.j – o

Y1

Y1

Y

Y

Y

Y

Y

 

Buffer Yards and Screening

C.4 and C.5

Y3

Y3

Y3

Y

N

N

Y

3. Applies only to subdivision plats, not between individual residential lots.

Off-Street Parking and Vehicular Use Areas

C.6.a – b

Y4

Y4

Y

Y

Y

N

Y

4. Applies only to subdivision recreation areas and guest parking areas.

Nonresidential Uses

C.7.a – f

N

N

Y

Y

Y

N

N

 

Revegetation

C.8.a – h

Y

Y

Y

Y

Y

Y

Y

 

D. Irrigation and Water Management

Irrigation System

D.2 (all)

Y1

Y

Y

Y

Y

Y

Y

1. Applies only to common areas and front yards; does not apply to side or rear yards.

D.2.e – h

Y2

Y2

Y2

Y

Y

Y

Y

2. Applies only to subdivision common areas.

Landscape Water Plan

D.3.a – j

Y6

Y6

Y6

Y6

N

N

Y6

6. Applies only to residential subdivision common areas, multifamily common areas, and nonresidential development. Certain developments are eligible for exemption from these requirements per Section 27.6.D.1.f. This section does not apply to golf courses.

Rainwater Harvesting

D.4.a

Y7

Y7

Y7

Y7

N

N

Y7

7. Applies to residential front yards that are fully graded, residential subdivision common areas, multifamily common areas, and nonresidential development. Also, certain developments are eligible for exemption from these requirements per Section 27.6.D.1.f. This section does not apply to golf courses.

D.4.b.i – vii

Y1

Y1

Y1

Y

N

N

Y

1. Applies only to common areas and front yards; does not apply to side or rear yards.

D.4.b.viii

Y2

Y2

Y2

Y

N

N

Y

2. Applies only to subdivision common areas.

D.4.c.i – iii

Y1

Y1

Y1

N

N

N

N

 

D.4.c.iv

Y2

Y2

Y2

N

N

N

Y

 

D.4.d

N

N

Y5

Y

N

N

Y

5. Applies only to multifamily projects; single-family dwelling types in these zones are exempt.

D.4.e

Y2

Y2

Y2

Y

N

N

Y

 

Water Features

D.5

Y1

Y1

Y1

Y

Y

Y

Y

1. Applies only to common areas and front yards; does not apply to side or rear yards.

Legend: Y = Yes, the requirement is applicable, or applicable as noted. N = No, the section does not apply.

((O)09-20, Amended, 11/04/09; (O)07-33, Amended, 09/19/07; (O)06-06, Amended, 04/19/06)

Section 27.7 Off-Street Parking

A. Purpose

This Section establishes requirements for vehicle and bicycle parking consistent with the objectives of the general plan and a balanced transportation system to promote public safety and environmental quality. These regulations are intended to:

1.    Ensure sufficient off-street vehicle and bicycle parking facilities by establishing parking requirements for land uses.

2.    Reduce the visual impact of mass “seas of parking” by distributing spaces around clusters of buildings.

3.    Reduce excessive off-street parking by encouraging the shared use of vehicular use areas.

4.    Promote pedestrian safety by separating vehicular use areas from pedestrian areas.

5.    Encourage safe, convenient, and efficient design of parking spaces, circulation, and access areas.

6.    Improve air quality by requiring paving of vehicular use areas.

7.    Promote the enhancement of the community identity and the appearance of Town roadways and development areas.

8.    The Town of Oro Valley, in keeping with the Federal Clean Air Act, wishes to encourage the use of alternative transportation modes such as the bicycle. Reducing the number of vehicular parking spaces in favor of bicycle parking spaces will help attain the standards of the Federal Clean Air Act, reduce impervious surfaces, and save on land and development costs.

B. Applicability

The provisions of this Section apply to:

1. New Development.
2. New Uses Replacing Existing Uses

Whenever the use of an existing development is changed to a new use which requires more parking spaces under this Section than were required for the prior use, additional parking spaces shall be provided in accordance with the requirements of this Section. No occupancy permit shall be issued until the Planning and Planning and Zoning Administrator has approved the parking requirements for the new use.

3. Expansions

All projects that propose 25 percent or more cumulative addition or structural modifications such as changes in square footage, gross floor area, building facade, etc. shall meet the requirements of this code for the entire property. In addition, a 25 percent or more cumulative modification or replacement of parking spaces or parking lot area shall meet the requirements of this code.

C. General Provisions

1. Parking Required for Uses Not Listed

Required parking for uses not listed in this section shall be determined by the Planning and Zoning Administrator based on similar uses listed in this section.

2. Alternative Compliance

Upon written request by the applicant, the Planning and Zoning Commission may approve an alternative parking ratio.

a.    Review Criteria: To approve an alternative plan, the Planning and Zoning Commission must find that the proposed alternative plan accomplishes the purpose of this section equally well or better than the standards of this section. The Planning and Zoning Commission shall consider:

i.    The number of employees occupying the building or land use and the number of expected customers or clients.

ii.    The availability of nearby parking (if any).

iii.    Purchased or leased parking spaces in a municipal or private parking lot meeting the requirements of the Town; trip reduction programs (if any).

iv.    Any other factors that may be unique to the applicant’s development request.

v.    Continuity and convenient proximity for pedestrians between or among existing or future uses in the vicinity.

vi.    Visual and aesthetic impact along the public street by placing parking lots to the rear or alongside of buildings, to the maximum extent feasible. Visual and aesthetic impact of the surrounding neighborhood.

vii.    Impact on any facilities serving alternative modes of transportation.

viii.    Impact on natural areas or features.

ix.    Maintenance of mobility-impaired parking ratios.

3.    Multiple Principal Uses: Where there are multiple principal uses in a development, the sum of the number of parking spaces required for the individual uses applies unless shared parking is approved per subsection D.3 of this section, Shared Parking.

4.    Maintenance: The property owner shall be responsible for maintaining any vehicular use area in good condition and free of refuse and debris.

5.    Fractional Amounts: When the final result of the calculation of required vehicle or bicycle spaces results in a fractional number, a fraction is adjusted to the next higher whole number.

6.    Areas That May Not Be Used for Required Parking: Spaces in service bays, stacking areas, car wash bays at gasoline pumps or other hose locations, or those used for the storage or display of vehicles for sale or rent to the public are not considered off-street parking spaces and fire lanes. Off-street parking required by this Chapter shall not be located within any public right-of-way.

7.    Building Permits: No building permit shall be issued until the applicant has presented satisfactory evidence that sufficient property to provide parking to serve the intended use as required in this Chapter is permanently available.

8.    Control of Parking Lots: Property used for parking shall be under the same ownership as and contiguous to the generating use. When the property is not under the same ownership as the generating use or is not contiguous to the generating use, the following shall apply:

a.    It shall be zoned for parking only or the same district classification as the generating use.

b.    A recommendation for approval by the Planning and Zoning Administrator shall be obtained regarding the parking relationship to the generating use.

c.    The owner(s) shall record restrictive covenants running with the land on the generating use and parking properties specifying that the generating use cannot continue if the parking use is discontinued. The form of said covenants shall be approved by the Town Attorney and may not be released without the written consent of the Town of Oro Valley.

((O)17-05, Amended, 6/7/17; (O)11-15, Amended, 5/18/11)

D. Parking Lots – Required Number of Spaces for Type of Use

1.    Residential Parking Requirements: Residential uses shall provide a minimum number of parking spaces as defined by the standards below. Any increase or decrease in parking shall be in accordance with subsection C.2 of this section.

a.    Attached Dwellings: For each two (2) family and multi-family dwelling, there shall be parking spaces provided as indicated by the following table:

TABLE 27-13: ATTACHED DWELLING PARKING

Unit Number of Bedrooms/Dwelling Unit

Parking Spaces Per Dwelling

One or less

1.5

Two

1.75

Three

2.0

Four

2.5

Plus one (1) space per every four (4) units for guest parking.

b.    Guest Parking: Off-street guest parking spaces in multi-family developments shall be distributed proportionally to effectively serve the dwelling units that they are intended to serve. Such parking shall not be located more than two hundred (200) feet from any dwelling unit that is intended to be served.

c.    Single-Family Detached: For each single-family dwelling, there shall be at least two (2) parking spaces and two (2) guest spaces. Parking of any vehicle in the front yard of a lot shall be prohibited unless parked on a surface of asphalt, concrete, rock, or other similar inorganic material with a permanent border.

d.    Mobile Homes: There shall be two (2) parking spaces per dwelling unit and one (1) space per four (4) units for guest parking.

e.    Boarding Houses/Group Homes /Religious Quarters/Senior Care Facilities: One (1) per bedroom or bed plus one (1) for each four (4) bedrooms or beds for guest parking, plus two (2) for every three (3) employees. A minimum of fifty percent (50%) of the required parking for senior care facilities shall be covered parking. This requirement may be reduced or waived by Town Council when the applicant can demonstrate that the covered parking is not necessary to serve the expected needs of the residents.

i.    Recreational Uses Neighborhood Parks: For each recreational use/park located in any district, there shall be three (3) parking spaces per acre of park area. All neighborhood parks of less than one (1) acre shall provide a minimum of three (3) parking spaces.

ii.    Non-Residential Parking Requirements: Non-residential uses shall provide parking spaces as defined by the standards below. Any increase or decrease in parking shall be in accordance with subsection D.5 of this section.

2.    The table below sets forth the number of allowed parking spaces based on the square footage of the gross leasable area and of the occupancy of specified uses.

TABLE 27-14: ALLOWED PARKING SPACES

Use

Required Parking Sq. Ft.

Restaurants

  a. Convenience Use

15/1000

  b. Standard

10/1000

Bars, Taverns and Nightclubs

10/1000

Community Parks

5/acre

Commercial Recreational

  a. Limited Indoor Recreation

6/1000

  b. Outdoor

.3/person

  c. Bowling Alley

5/1000

Theaters

1/3 seats

General Retail

4/1000

Service Shop

4/1000

Shopping Center

5/1000

Medical Office

4.5/1000

Financial Services

3.5/1000

Grocery Store, Supermarket

6/1000

General Office

3/1000

Vehicle Servicing and Maintenance

5/1000

Repair Service

2/1000

Lodging Establishments

1/unit

Employees

1 per 2

Health Facilities

  a. Hospitals

1/bed

Schools, Places of Worship or Assembly

1 per 4 seats and 2 per 3 employees

Child Care Centers

1/1000 and 2 per 3 employees

Industrial Employee Parking

.75/employee

3.    Shared Parking: When a mix of non-residential uses creates staggered peak periods of parking demand, shared parking calculations shall be made to reduce the total amount of required parking for retail, office, institutional and entertainment uses.

((O)15-16, Amended, 11/18/15)

E. Mobility-Impaired Accessible Spaces

1. Design Standard:

a.    Width eight (8) feet with a five (5) foot wide adjacent aisle for access to and from the side of a vehicle.

b.    Other dimensions; same as those for standard vehicles.

c.    The parking space and adjacent aisle shall have a slope less than 1:50 (2 percent).

2.    Location: Mobility-impaired parking spaces shall be located as close as possible to the nearest accessible building entrance, using the shortest accessible route of travel possible. When practical, the accessible route of travel shall not cross lanes for vehicular traffic. When crossing vehicle traffic lanes is necessary, the route shall be designated and marked as a crosswalk.

3.    Marking: Every mobility-impaired parking space shall be identified by a sign, centered between three (3) feet and five (5) feet above the parking surface, at the head of the parking space. The sign shall include the international symbol of accessibility and state RESERVED or equivalent language.

4.    Number of Spaces: Each parking lot shall contain at least the minimum specified number of mobility-impaired spaces as provided in the table below.

TABLE 27-15: NUMBER OF MOBILITY IMPAIRED PARKING SPACES

Total Parking Spaces in Lot

Minimum Required Number of Accessible Spaces

1-25

1

26-50

2

51-75

3

76-100

4

101-150

5

151-200

6

201-300

7

301-400

8

401-500

9

501-1000

2% of total space

Over 1000

20 spaces plus 1 space for every 100 spaces or fraction thereof over 1000

5.    Van Accessible Spaces: One (1) space per every eight (8) mobility impaired parking spaces or fraction thereof.

a.    Width: Eight (8) feet with an eight (8) foot adjacent aisle.

b.    Other dimensions; same as those for standard vehicles.

c.    Height Clearance: 98 inches vertical clearance is required.

F. Bicycle Parking

1.    Types:

a.    Class I: Provides covered, secured bicycle parking that insures protection against direct sunlight and theft of the entire bicycle, its components, and accessories such as commuting bags, etc. Class I facilities include bicycle lockers, check-in facilities, monitored parking, restricted access parking or other means which provide the above level of security as approved by the Planning and Planning and Zoning Administrator.

b.    Class II: Provides a stationary object that is permanently fixed to the ground or physically attached to a structure to which the operator can lock the bicycle, such as single or multiple bicycle racks. These facilities must be located in a highly visible area that is in close proximity to the primary entrance of the structure it serves, and disbursed conveniently throughout the development, not blocking pedestrian access.

2.    Number Required: Provide bicycle parking spaces at the rate of:

a.    One (1) bicycle parking space per twenty (20) required vehicular parking spaces, but in all cases shall provide a minimum of two (2) bicycle spaces, except gas stations having no convenience use (mini-mart).

b.    All spaces shall be Class II spaces as defined in subsection F.2 of this section, Bicycle Parking Requirements, except Professional Offices, Retail Uses, Recreational Uses, Theaters, and Industrial Uses, shall provide ten percent (10%) percent of the required bicycle parking as Class I spaces.

c.    The maximum number of required spaces shall be one hundred (100) bicycle-parking spaces.

d.    Any increase or decrease in parking shall be in accordance with subsection D.3 of this section.

3. Credit for Bicycle Parking Facilities:

Performance Standards: The Planning and Planning and Zoning Administrator may authorize reductions to on-site parking requirements for all non-residential uses, for the provision of bicycle facilities, as follows:

a.    One (1) vehicular space per four (4) Class I bicycle spaces.

b.    Two (2) vehicular spaces per one (1) shower.

c.    The number of vehicular spaces required shall not be reduced by more than five (5) percent.

((O)16-16, Amended, 12/7/2016)

G. On-Site Circulation

1. Access Drives:

a.    Access drives shall provide adequate storage length to prevent stopped vehicles from obstructing entering vehicles or vehicles traveling along internal circulation roadways.

b.    Entrances shall provide adequate turning radius for the design vehicle.

c.    Curbs, walls, berms, landscaping, or other barriers shall be employed to prevent ingress or egress at any point other than the approved entrances and exits.

d.    A minimum of 150 feet measured at the centerline shall separate any entrances or exits from the nearest intersecting street centerline.

e.    Entrances and exit drives are limited to two (2) per 300 feet of frontage, with a minimum spacing of 150 feet between centerlines.

f.    Cross corner sight visibility shall be provided in accordance with the Oro Valley Subdivision Street Standards.

g.    The Town Engineer shall approve any deviation from these requirements.

2. Ring Roads:

Definition: A Ring Road is defined as a roadway encircling a commercial, office or industrial complex with no on street parking, frequent curb cuts to adjacent parking aisles, and parking internal to the ring road.

a.    Ring roads shall be designed with 30 MPH design standards and signed at 15 MPH.

b.    Ring roads shall be a minimum of 28 feet in width.

c.    Sight visibility triangles for 30 MPH shall be a minimum along ring roads.

3. Perimeter Drive:

Definition: A Perimeter Drive is defined as a roadway next to a building or group of buildings inside a Ring Road. A Perimeter Drive may be used for pick-up and drop-off of passengers or cargo.

a.    Perimeter drives shall have uninterrupted distances greater than 400 feet.

b.    Perimeter drives shall be no wider than 28 feet with no parking, except as defined above.

c.    Short radius curves are encouraged along the perimeter roads to limit speeds.

d.    Sight visibility triangles for 20 MPH shall be a minimum along perimeter drives.

4. Parking Aisles:

a.    Parking aisles shall not be designed to require or encourage vehicles to back into a street, pedestrian way, or alley in order to leave the parking lot or maneuver out of a parking space.

b.    Parking aisles shall not be designed to carry more than 1000 vehicles per day.

c.    Parking aisles shall not be longer than 300 feet without a break in circulation.

d.    The preferred parking format is 45 degree parking on one-way parking aisles. Other parking configurations may be accepted provided it does not result in increased pedestrian-vehicular conflicts, and is consistent with Table 27-16.

TABLE 27-16: OFF-STREET PARKING

MOTOR VEHICLE PARKING AREA DIMENSIONS

A

B

C

D

E

F

9.0'

 

12.0'

23.0'

28.0'

20°

9.0'

16.3'

12.0'

57.6'

44.6'

30°

9.0'

18.6'

12.0'

29.6'

49.2'

45°

9.0'

21.2'

13.0'

14.1'

55.4'

60°

9.0'

22.5'

18.0'

13.0'

63.0'

70°

9.0'

22.3'

19.0'

11.5'

63.6'

80°

9.0'

21.5'

24.0'

10.6'

67.0'

90°

9.0'

20.0'

24.0'

10.0'

64.0'

Elements

A. Parking Angle

B. Space Width

C. Space Depth

D. Aisle Width

E. Curb Length

F. Center to Center Width of Double Row and Aisle

Minimum 2 - way traffic aisle width: 24'

Minimum 1 - way traffic aisle width: 12'

Minimum 1 - way fire lane access aisle width: 20'

i.    End islands shall be sufficiently large to assure adequate cross corner sight visibility with the intersecting access drive.

e.    Passenger Drop-Off Points: Drop-off points, separated from street traffic lanes, ring roads, parking aisles, loading areas, access drives, or perimeter roads, and readily accessible without hazardous maneuvering, shall be provided in conjunction with the following uses: senior care facilities, hotels, motels, resorts, hospitals and clinics, educational facilities, libraries, and day care centers with fifty (50) or more students or children, religious facilities with one hundred (100) or more seats, transit terminals, park and ride lots, major recreational facilities, public buildings, financial services greater than five thousand (5,000) square feet of gross floor area, shopping centers and other office/commercial uses and restaurants. Passenger drop-off points for senior care facilities shall include a shade structure with bench seating.

f.    Transit Stops: Any Commercial, Office, or Industrial development of a minimum one hundred thousand (100,000) square feet shall provide transit turn-outs. Transit turn-outs shall be centrally located for ease of access and shall be in sufficient numbers and designed in accordance with the standards established by the Town Engineer.

g.    Carpools: Off street parking provided for all employment uses requiring eighty (80) or more spaces shall provide at least ten (10) percent of the total parking area as designated for use by car pools, and be clearly signed and managed to that end. Carpool parking shall be as close to the building as possible, without impeding visitor or mobility-impaired parking. Where car pool parking is provided by this Section, the required parking may be reduced by five (5) percent.

((O)15-16, Amended, 11/18/15)

H. Design and Improvement Standards

1. Parking Lot Layout (Design)

a.    Parking Space Dimension: Parking spaces shall be a minimum of nine (9) feet in width and twenty (20) feet in length. Parallel parking spaces shall be a minimum of eight (8) feet in width and twenty-three (23) feet in length. Motorcycle parking spaces, if provided, shall be in addition to any required parking and shall be a minimum of three (3) feet in width and ten (10) feet in length.

b.    Parking Structures: Parking structures, including underground parking, are recognized as a means to conserve on-site open space and are encouraged as an alternative to developing all required parking as surface lots. As an incentive, allowable floor area ratios (FAR) may be increased up to ten percent (10%) for every one hundred (100) underground parking spaces or aboveground parking structures.

c.    Circulation Routes: Parking lots shall provide well-defined circulation routes for vehicles, bicycles, and pedestrians. Layout and design shall anticipate the needs of users and provide continuity between vehicular circulation, parking, pedestrian and bicycle circulation.

d.    Traffic Control Devices: Standard traffic control signs and devices shall be used to direct traffic, where necessary, within a parking lot and must incorporate traffic calming methods in the design. Parking lot sign standards shall be in accordance with Chapter 28.

e.    Orientation: All parking lots shall include walkways that are located in places that are logical, safe, and convenient for pedestrians.

f.    Landscape Islands: To the maximum extent feasible, landscaped islands with curbs shall be used to define parking lot entrances, the ends of all parking aisles and the location and pattern of primary internal access drives, and to provide pedestrian refuge areas and walkways. Every nine (9) parking spaces shall have a landscaped island. The dimensions of which shall be ten (10) feet outside edge to outside edge of curb and the curb shall be a minimum of eight (8) inches in width. The length shall be forty (40) feet outside edge to outside edge of curb. For single loaded parking the landscaped island shall be ten (10) feet outside edge to outside edge of curb and twenty (20) feet in length outside edge to outside edge. The provisions of Section 27.6, Landscape Conservation, shall apply.

g.    Shopping Cart Bays: Parking areas where shopping carts are an integral part of the commercial business shall be designed to accommodate shopping cart storage. Cart storage spaces shall be integrated into the landscape areas within the parking area and shall be placed appropriately to accommodate the maximum number of parking spaces. Cart storage spaces shall be a minimum of four (4) feet wide and a maximum of nine (9) feet wide and the length shall be no longer than the depth of a parking stall. The minimum height shall be forty-five (45) inches measured from finished grade. Any lot for retail stores such as grocery or home improvements, and containing one hundred (100) or more parking spaces shall install at least one (1) shopping cart bay per eighty-five (85) spaces provided. The Planning and Zoning Administrator and Town Engineer may increase or decrease the number of shopping cart bays.

h.    At a minimum shopping cart bays shall be constructed of opaque material that may consist of the following: landscaping, berming, and/or masonry block faced with the same material of the serving store. Such bays shall be maintained by the serving store or the Property Owners Association, if any, or the property owner/management company of the center. The Planning and Zoning Administrator shall have the right to inspect such bays and cite the serving store, Property Owners Association, or property owner/management company if such bays are not kept in good condition and properly maintained.

i.    Points of Conflict: The lot layout shall specifically address the interrelation of pedestrian, vehicular and bicycle circulation in order to provide continuous and direct pedestrian access with a minimum of driveway and drive aisle crossings. Required treatment such as raised pedestrian crossings, forecourts and landings, special paving, signs, lights, and bollards shall be provided at significant points of conflict.

j.    Lot Size/Scale: Large surface parking lots shall be visually and functionally segmented into several smaller lots according to the following standards:

i.    Large parking lots shall be divided into smaller sections by landscape areas. Each section shall contain a maximum of two hundred (200) parking spaces.

ii.    Parking bays shall extend no more than nine (9) parking spaces without an intervening tree landscape island or landscaped peninsula. The provisions of Section 27.6, Landscape Conservation, shall apply.

iii.    No more than fifty percent (50%) of the off-street parking area be located in the front yard (see definition of front yard, Chapter 31).

k.    Truck Traffic: All development that generates truck traffic that may adversely affect a neighborhood by creating noise, dust, or odor problems shall avoid or mitigate those impacts either through physical design or operational procedures and Section 27.8, Off-Street Loading.

2. Improvement Standards:

All public and private parking areas except for residential uses permitted in the R-1 and R-4 Districts shall be improved and maintained to the following standards:

a.    Slope and Grading: The finished grade of the parking lot shall be in accordance with the Town’s grading standards. Grading of a site shall benefit landscaped areas and conform to the requirements of the Town’s Grading Ordinance, Section 27.9. Below-grade or recessed parking lots are encouraged and may be required by the Planning and Zoning Administrator or the Town Engineer to provide additional screening from major thoroughfares or residential areas.

b.    Drainage: In addition to the Town’s drainage requirements, drainage flow shall be considered a resource and be designed to benefit landscaped areas on the development site. Erosion control measures shall be designed and implemented to control drainage flow from impervious areas onto abutting soil surfaces.

c.    Surfacing: All non-landscaped parking areas shall be paved with a durable asphalt, concrete, stone, tile, or brick surface, consistent with pavement design principles and engineered according to soil conditions and wheel-loads. Pedestrian use areas and crossings within parking areas shall be paved with tile, brick, concrete pavers, colored asphalt, patterned and colored concrete, or asphalt.

d.    Barriers: Parking areas and spaces shall be provided with bumper barriers, wheel stops or wheel stop curbing designed to prevent parked vehicles from extending beyond the property lines, damaging adjacent landscaping, walls or buildings, or overhanging sidewalk areas. Wheel stops or wheel stop curbing shall be located three (3) feet from the front of the parking space. No barriers shall be required for head-to-head parking.

e.    Pavement Marking: Parking spaces in paved parking areas shall be permanently marked with striping. Space lines shall be a minimum of four (4) inches wide, white paint or plastic, and extend for a minimum of ten (10) feet for interior lines. End lines shall extend the full length of the space.

f.    Lighting: All parking areas shall comply with the Town of Oro Valley Outdoor Lighting Code, Section 27.5, Outdoor Lighting.

((O)11-15, Amended, 5/18/11)

Section 27.8 Off-Street Loading

A. Applicability

The provisions of this section apply to:

1.    New development.

2.    New uses locating in an existing development, as required in Section 27.7.B.2.

3.    Any expansion of an existing use or any addition of a new use to an existing development, as required in Section 27.7.B.3.

B. General Regulations

All buildings hereafter erected or established shall have and maintain loading spaces as determined by the Town Engineer subject to conditions herein.

1.    No part of an alley or street, including public walkway easements and fire lanes, shall be used for loading or maneuvering unless so designated by the Town.

2.    No loading space that is provided in an approved development shall hereafter be eliminated, reduced or converted unless equivalent facilities are provided elsewhere.

3.    All required loading spaces shall be located on the same lot as the use served.

4.    Use of Loading Space: A loading space shall not be used for the repair, storage, or dismantling of vehicles or to satisfy the area requirements for off-street parking and no general storage.

5.    Mixed Uses: If there are mixed uses, the total requirements for off-street loading spaces are the sum of the individual requirements of the various uses.

6.    Modification of Requirements: The Town Engineer may reduce the number and location of required loading spaces where he or she determines that an unusual situation exists.

((O)11-15, Amended, 5/18/11)

C. Design Standards

1.    Location of Loading Space: Required off-street loading spaces shall be located:

a.    Onsite and no further than 100 feet from the building served.

b.    No closer than 30 feet to any property used, zoned, or designated by the General Plan, for residential purposes.

2.    Dimensions:

a.    A required loading space for commercial, institutional, or office use shall be at least 12 feet wide by 35 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of 15 feet.

b.    A required loading space for an industrial use shall be a minimum of 12 feet by 45 feet in length with a minimum height clearance of 15 feet.

3.    Access: Each loading space shall be accessible from a street or from an aisle or drive connecting with a street. Such access may be combined with access to a parking lot if designed in a manner that will not disrupt normal traffic flow. Access to loading spaces shall not be blocked by other loading spaces, stacked goods, permanent or movable structures of any type including trash receptacles or compactors, nor shall any loading space interfere with any fire exit or emergency access or fire lanes.

4.    Prohibited Location: No loading space shall be located within the right-of-way of any street, roadway, or public alley, or in any designated off-street parking area. At no time shall any part of a truck or van be allowed into a public thoroughfare or right-of-way while the truck or van is being loaded or unloaded.

5.    Maneuvering: Adequate off-street maneuvering area shall be provided on-site and not within any public street right-of-way.

6.    Accessibility: All loading spaces shall be accessible at all times from a street, alley, or driveway intended to serve such off-street loading areas. Access to loading areas may be provided by way of designated off-street parking areas using only marked aisles for such access. If access to loading spaces involves the utilization of off-street parking areas, no interference of any type shall be permitted in terms of the normal use and function of said off-street parking lot, and no designated off-street parking area or space shall be infringed upon at any time for the movement of any vehicle waiting to gain access to said loading space.

7.    Enclosure of Loading Space: Required off-street loading space may be partially or entirely enclosed within a building, provided the building meets all the requirements pertaining to required setbacks.

8.    Screening: The Oro Valley Landscaping Standards shall apply.

9.    Lighting: Lighting in a loading area, if installed, shall be in accordance with Oro Valley Zoning Code Revised, Section 27.5.

10.    Surfacing: An outdoor loading space shall be surfaced in such a manner as to make it weatherproof and dust-proof in accordance with the provisions of Section 27.7.F.5.b.iii, Surfacing.

D. Off-Street Loading Required

1.    Retail establishments, Restaurants, Industrial, Manufacturing, Warehouse, Wholesale Uses, Freight Terminals or Hospitals having an aggregate gross floor area of 5,000 square feet or more.

TABLE 27-17: OFF-STREET LOADING

Gross Floor Area

Number of Spaces

Square feet

 

5,000 - 24,999

1

25,000 - 49,999

2

50,000 - 99,999

3

100,000 - 174,999

4

175,000 - 249,999

5

For each additional 75,000 square feet (or fraction thereof) of gross floor area, one (1) additional loading space shall be provided.

2.    Public Assembly uses, such as auditoriums, and hotels.

TABLE 27-18: OFF-STREET LOADING

Gross Floor Area

Number of Spaces

Square feet

 

5,000 - 24,999

1

30,000 - 129,999

2

130,000 - 229,999

3

For each additional 100,000 square feet (or fraction thereof) of gross floor area, one (1) additional loading space shall be provided.

3.    Office uses shall provide one (1) loading space for the first 5,000 to 100,000 square feet with one (1) additional loading space for each additional 100,000 square feet of floor area or fraction thereof.

4.    Office uses may, in-lieu of providing loading spaces as per the above, may provide loading space for UPS, FedEx, Office Supply delivers within the passenger drop-off area, provided that the drive aisle is a minimum of 30 feet in width or a loading zone may be designated and marked within the parking lot.

Section 27.9 Grading

A. Purpose

The purpose of this ordinance is to provide for the public health, safety, and general welfare and to protect and preserve the aesthetics of the natural environment through regulation of all types of excavation and earthwork on private and/or public land.

The grading regulations contained in this ordinance are designed to:

1.    Regulate the development of potentially hazardous terrain; and

2.    Preserve, where possible, or recreate the natural contours, the native vegetation and the visual character of the site in harmony with the surrounding terrain; and

3.    Enhance the quality and value of new development; and

4.    Maintain property rights and property values of adjacent developed and undeveloped parcels.

B. Intent

The regulations, as set forth in this ordinance, have been prepared in the context of Oro Valley’s specific desert environment. They are intended to complement the applicable provisions of the Hillside Development Zone and the Floodplain Management Ordinance, and not to authorize any grading activity prohibited by this ordinance or any Town ordinance.

The intent of this grading ordinance is to assure that the design and implementation of all grading projects shall:

1.    Avoid scarring and other adverse visual impacts resulting from cut, fill and any other type of ground disturbance; and

2.    Blend with the natural contours of the land; and

3.    Restrict the areas of disturbance and volume of material displaced to the minimum amount necessary to implement the planned development; and

4.    Limit mass grading to residential subdivisions with an average lot size of 15,000 square feet or less; and

5.    Employ measures that:

a.    Ensure that graded hillside, slopes or other areas subject to erosion are stabilized; and

b.    Reduce the erosion effects of storm water discharge, preserve the flood-carrying capacity of natural or constructed waterways by limiting soil loss, and protect drainageways from siltation; and

c.    Minimize dust pollution and surface water drainage from graded areas during grading and development; and

d.    Ensure that proposed development activity is designed and implemented to avoid adverse impacts and appropriate restorative measures; and

e.    Encourage phased projects, to preserve natural contours and vegetative communities until such time as grading must necessarily occur on a site.

C. Protective Cover and Dust Control

Cleared or graded land shall not be left at any time without dust control nor shall be left uncovered for more than 60 days without temporary or permanent protective cover of the entire cleared or graded area as determined by the Town Engineer.

D. Applicability

This ordinance shall apply to all grading operation for which applications were received subsequent to its adoption date (August 19, 1998), unless exempted by Section 27.9.D.4 below. If a conflict between this and any other Town ordinance exists, the more restrictive shall apply. This grading ordinance shall not be construed to prevent the enforcement of other laws that prescribe more restrictive limitations, nor shall the provisions of this ordinance be presumed to waive any limitations imposed by other Town ordinances.

The design, implementation, and mitigation of grading regulated by this ordinance shall be reviewed prior to the issuance of any grading permit, to ensure full compliance with the regulations, requirements, and specific standards as set forth herein.

Grading permits must be obtained, after plan approval, as follows:

1. Type I Grading Permit

A Type I Grading Permit is required for the following:

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

b.    Alteration of existing stabilized slope of 3:1 or greater, on a residential lot.

c.    Addition of paved areas such as concrete or asphalt, in excess of 1000 square feet on a residential lot.

d.    Import and stockpiling of 100 cubic yards or more of earthen materials on a residential lot.

e.    Clearing vegetation from a residential lot, which encompasses an area of 1000 square feet or more.

2. Type 2 Grading Permit

A Type 2 Grading Permit is required for any new public or private street or roadway, a commercial, office or resort project, or any residential development consisting of more than two (2) platted lots. Mass grading, as defined herein, shall be permitted only for new residential subdivisions, with an average lot size of 10,000 square feet or less (R1-10, R1-7, SDH-6 zoning designations). Mass grading on lots between 10,000 and 15,000 square feet is allowable with an Exception pursuant to Section 27.9.G.1.

3. Type 3 Grading Permit

A Type 3 Grading Permit is required for stockpiling of earthen materials. A Type 3 grading permit shall be required for the installation of utilities and other infrastructure for which a Type 2 grading permit is not required. Utility and other infrastructure installation confined to the Town of Oro Valley right-of-way and requiring a right-of-way permit will not be required to obtain a Type 3 grading permit. However, a grading plan pursuant to Section 27.9.E.3.a shall accompany the right-of-way permit application. The Town may waive the requirements for the grading plan should staff determine that the scope of the grading activity does not warrant such a plan.

4. Exemptions to this Ordinance

The following activities are exempted from this ordinance:

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

b.    Stockpiling of less than 100 cubic yards of uncompacted earth material;

c.    Resurfacing or maintenance of an existing paved surface;

d.    New pavement of less than 1000 square feet;

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

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

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

h.    Exploratory excavation under the direction of a Soil Engineer or Engineering Geologist provided all excavation is property backfilled. Whenever possible, such exploratory excavation and testing shall be conducted only in areas which have been previously disturbed;

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

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

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

E. General Grading Requirements and Notes

1. Cut and Fill Limitations

Cut and fill slopes shall meet the following requirements:

a.    The maximum depth of a cut or fill shall not exceed six (6) feet measured vertically from the existing grade to the finished elevation. The depth of a cut or fill slope may be increased to eight (8) feet when terracing is utilized in conformance with Illustration 27.9 - 3. The terraces shall be landscaped to the satisfaction of the Town. For any construction, the height of exposed, constructed slopes shall not exceed 12 feet in vertical dimension.

Should a PAD (Planned Area Development), existing at the time of adoption of this ordinance, have conflicting cut and fill limitations, the PAD limitations shall govern grading operations within the PAD area.

b.    Cut or fill slopes 3:1 (horizontal: vertical) or less steep shall be revegetated. At the Town’s discretion, the Town may retain sufficient funds from the restoration or landscape assurance to ensure revegetation of slopes again, should the initial revegetation efforts fail to become established to the satisfaction of the Town.

c.    Cut or fill slopes 2:1 or less steep (but steeper than 3:1) shall be rock riprapped with filter fabric installed beneath the rock. Filter fabrics used shall meet specifications found in the latest edition of the “Pima County - City of Tucson Standard Specifications for Public Improvements”.

d.    Cut or fill slopes steeper than 2:1 shall have grouted riprap or retaining walls as appropriate. No slope shall exceed 1:1.

e.    Alternative methods of stabilization may be allowed if in accordance with a registered geotechnical (soils) engineer’s recommendation and approved by the Town.

f.    Fill shall be compacted and soil tested in accordance with a soil engineer’s recommendations and compaction tests shall be presented to the Town for the permanent record.

g.    Any structure used to retain slopes shall be designed to blend with the surrounding natural colors of the native rock and soils of the site. The surface shall be rough textured with heavy shadow patterns, which may be achieved by color-treated or veneered surfaces (or other methods approved by the Town).

h.    It shall be unlawful to dump or push dirt of any quantity over an existing slope (unless approved as part of a Type 1, 2 or 3 Grading Plan).

2. Site Revegetation and Stabilization

a.    All graded areas, except those to be used for agriculture or livestock purposes, shall be revegetated, stabilized, and/or constructed prior to the expiration of the grading permit. Should the graded area not be revegetated and/or stabilized per approved grading plans or permit conditions at the time of expiration, the applicant shall have 60 days from the date of permit expiration to revegetate and/or stabilize per approved plans and permit conditions. If after the 60 day period, the applicant has not revegetated and/or stabilized graded areas, the applicant is in violation of this ordinance. The Town may use the posted restoration assurance to restore the native vegetative community or complete the revegetation and stabilization per the approved grading plan.

b.    The applicant shall provide the Town with an assurance in a form approved by the Town (See Section 26.6) equal to 120 percent of the monetary amount necessary to hydroseed and revegetate cut/fill slopes or graded areas. Said assurance shall be posted prior to any site disturbance. The assurance shall be held until such time as the grading operation, infrastructure installation, building construction is completed to the satisfaction of the Town, or until such time as the project is deemed abandoned. If, after 12 months from the date of commencement of work, revegetation efforts fail to establish growth to the satisfaction of the Town, the Town may use the assurances to revegetate or apply other erosion control methods to cut/fill slopes or the graded area.

c.    Upon request by the applicant, an inspection will be performed by the Town for consideration of the release of the restoration assurance.

3. Driveways

All driveways shall be paved with a durable asphalt, concrete, brick, aggregate, or other surface that will maintain a dust free condition.

4. Slope Setbacks

The Town may increase the following slope setbacks, if considered necessary for safety or stability, or to prevent possible damage from water, soil, or debris:

a.    Top of cut slope: The top of cut slopes shall be made not nearer to a site boundary line than one-fifth (1/5) of the vertical height of cut, with a minimum of two (2) feet, unless otherwise approved by the Town Engineer and the Planning and Zoning Administrator and upon written consent from the adjacent property owner. The setback may need to be increased for any required interceptor drains.

b.    Toe of fill slope: The toe of fill slope shall be made not nearer to the site boundary line than one-half (1/2) the height of the slope, with a minimum of two (2) feet, unless otherwise approved by the Town Engineer and the Planning and Zoning Administrator and upon written consent from the adjacent property owner.

c.    Building: Buildings shall be set back from the toe and top of slopes in accordance with the building codes (minimum five (5) feet, see Figure 27.9 – 1) and the approved soils report. In addition, the building setbacks of the applicable zoning district shall apply.

d.    Rights-of-way: The required setback of a slope toe adjacent to a public right-of-way may be reduced with the approval of the Town, if there will be no adverse effect and:

i.    Easements are not required, or

ii.    Retaining walls are used.

5. Restriction of Slope Development

a.    For the purposes of this section, a regulated slope is one that has a minimum vertical difference of six (6) feet from its toe to top edge, and the regulated sloped area extends for a distance greater than thirty (30) feet in any horizontal direction.

b.    New subdivisions shall not create lots where access to any individual lot requires crossing a naturally occurring slope that is twenty-five percent (25%) or steeper. Nor shall new subdivisions be created where the actual building area for homes or buildings would require grading activity on slopes of twenty-five percent (25%) or steeper.

c.    The design for new subdivisions shall be created to avoid construction on naturally occurring slopes fifteen percent (15%) or greater. On parcels or lots with fifteen percent (15%) or steeper slopes, any grading on said slopes shall be consistent with restrictions in the Hillside Development Zone, Section 27.10.

6. Erosion Control Systems
a. Permanent Systems

i.    Permanent erosion control measures shall be implemented and property maintained to prevent erosion of slopes, and cleared, brushed, grubbed or graded areas.

ii.    Where cut slopes are not subject to erosion due to the erosion-resistant character of the native materials, erosion control may be omitted upon approval by the Town.

iii.    Stabilization devices to prevent erosion or sediment deposition on off-site property may be required by the Town.

iv.    The shoulders of a paved public or private roadway shall be protected against erosion wherever curbing or constructed spillways are not provided.

v.    Surface drainage:

a)    Cut and fill slopes shall be protected from erosion by surface drainage with appropriately designed methods (e.g., surface drainage interceptors);

b)    Drainage control shall be provided to keep drainage away from foundations;

c)    Any grading activities within a regulatory floodplain shall comply with the Oro Valley Floodplain Management Ordinance.

d)    Subsurface drainage: Should subsurface drainage be encountered or expected by the soils engineer or the Town, then appropriate measures shall be employed to ensure stability and protection of affected properties from ground water seepage. Methods used to minimize impact by subsurface drainage/seepage shall be approved by the Town prior to installation.

b.    Interim Systems: Plans for interim erosion control systems shall be submitted with all grading permit applications and shall be approved by the Town. Erosion control measures shall be implemented and properly maintained to prevent erosion of slopes, and cleared, brushed, grubbed or graded areas. Stabilization devices to prevent erosion or sediment deposition on adjacent roads and off-site property shall be required. The applicant shall be responsible for the control of dust emissions and shall use appropriate dust control measures. Applicants who are required to submit a U.S.E.P.A. Notice of Intent (NOI) for coverage under the National Pollution Discharge Elimination System (NPDES) for their project shall provide a copy of the NOI and the Storm Water Pollution Prevention Plan (SWPPP) to the Town prior to issuance of a grading permit.

7. Import and Export of Earth Material

a.    Loading of earth material shall occur only within the time limits of subsection F.8 of this section, and dust emissions shall be controlled through appropriate dust control measures.

b.    The transportation of earth material on or across public rights-of-way shall be done in a manner that minimizes blowing soil and other hazards.

8. Hours of Grading

a.    Grading equipment operation within one-half (1/2) mile of an occupied residential structure shall only be conducted between 6:00 a.m. and sunset Monday through Friday. Grading equipment operation shall only be conducted between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays and Sundays.

b.    Equipment maintenance involving lights, motors, or generators, and occurring within six hundred (600) feet of an occupied residential structure, shall not be conducted after sunset, or before 6:00 a.m.

c.    The Town may allow grading equipment operation or maintenance during other hours, if such operations are not detrimental to the health, safety, or welfare of the residents of surrounding properties.

d.    Permitted hours of operation or maintenance may be shortened by written notice to the permittee, if the Town finds a substantial adverse effect on the health, safety, or welfare of the surrounding community.

9. Phased Grading

a.    (Repealed by (O)11-15, 5/18/11)

b.    For all projects ten (10) acres or larger requiring site plans, a phased grading concept plan may be required with the final site plan submittal. This plan shall be reviewed and approved by the Town Engineer.

c.    In considering the phased grading plans, the Planning and Zoning Commission will review documentation and testimony leading to the following:

i.    A balance in cut and fills,

ii.    Efficient installation of infrastructure,

iii.    Minimal need for stockpiling earthen material for more than six (6) months,

iv.    Minimize the time that graded areas remain exposed, preferably not more than one (1) year.

10. Restriction of Vehicles

a.    No vehicles or equipment shall encroach onto areas designated to remain in a natural state on the approved final plat, development plan, grading, landscape, or native plant salvage plans.

b.    Points-of-entry to the site during grading shall be only as designated on the approved grading plan.

c.    Access roads to the site during grading shall be only as designated on the approved grading plan.

11. Additional Requirements

a.    During grading, and until revegetation or stabilization has taken place, dust shall be minimized through application of approved dust controls in accordance with subsection C of this section.

b.    Public rights-of-way, sidewalks, and other improvements shall be maintained during grading in a neat and clean condition, free of loose soil, mud, construction debris, and trash. Any damaged areas shall be restored to original appearance at no cost to the Town of Oro Valley.

c.    Debris, fill, or equipment shall not be stored within a public right-of-way without a right-of-way use permit from the Town.

d.    If applicable, archaeological exploration and mitigation work, as recommended by a qualified archaeologist (see Section 27.3.E.2), shall be performed prior to commencement of grading operations on the affected portion of the site. If, during the grading phase of construction, unexpected archaeological findings are encountered, said grading shall cease and the grading permit shall be temporarily suspended until the significance of said finding is determined and mitigation is provided by a qualified archaeologist. The analysis of any finds shall be provided to the Town prior to reactivation of the grading permit, granting occupancy permits or release of assurances. The expiration date of a reactivated grading permit may be extended for a period equal to the time of suspension necessary to complete archaeological work.

e.    Adjoining property(ies) shall be protected in such a manner as to prevent damage to said property(ies). Protection from caving, settlement, and other similar occurrences shall be the responsibility of the permittee (see Section 22.10.F.2, Liability).

Figure 27.9 - 1

Figure 27.9 - 1 (continued)

Figure 27.9 - 2 (A)

Figure 27.9 - 2 (B)

Figure 27.9 - 3

Figure 27.9 - 3 (continued)

((O)17-05, Amended, 6/7/17; (O)14-11, Amended, 10/1/14; (O)11-15, Amended, 5/18/11)

Section 27.10 Environmentally Sensitive Lands

A. Purpose

The environmentally sensitive lands (ESL) regulations implement the Oro Valley General Plan by conserving natural, scenic, hillside, and cultural resources. This has been accomplished in a comprehensive manner by accounting for environmental, archaeological and historic resources, economic development, and housing policies. These regulations protect the public health, safety and general welfare by:

1. Conserving the Sonoran Desert and Heritage

a.    Conserving the Town’s natural and cultural resources in a comprehensive manner.

b.    Utilizing current science of conservation biology and cultural resources treatment as represented in Pima County’s Sonoran Desert Conservation Plan.

c.    Providing the greatest degree of preservation for the richest and most diverse ESL resources, including those described as “significant resource areas,” and “key” and “essential” habitat in the General Plan.

d.    Enabling the long-term survival of native plants and animals by maintaining ecosystem functions necessary for their survival. Emphasis is placed on conserving landscape connections to ensure the continued viability of animal and plant communities.

e.    Managing public access and use of environmentally sensitive open spaces to maintain conservation value.

2. Preserving Land Values

a.    Recognizing the importance of natural, scenic, and cultural resource conservation in sustaining Oro Valley’s identity as a desired place to live, work, and visit.

b.    Ensuring conservation of the Sonoran Desert and scenic resources that enhance property values.

3. Implementing Community Planning and Design Expectations

a.    Developing a comprehensive ESL conservation system for the entire land area within Oro Valley in a manner that promotes interconnected open space.

b.    Planning for land conservation and sustainable development by identifying specific environmental resources and applying regulations that account for General Plan growth expectations.

c.    Enabling the conservation of wildlife habitat and other identified resources through context-sensitive site design.

d.    Utilizing flexible design tools to enable a range of housing opportunities to accommodate the varied needs of residents.

e.    Respecting efforts to ensure financial stability by establishing a diverse economy as specified in the Town’s Community Economic Development Strategy.

4. Protecting Lives and Property

Protecting human life and property from recognized hazards including steep and unstable slopes and soils, flood and erosion hazards.

5. Utilizing an Equitable Regulatory Approach

a.    Applying new ESL regulations only to future rezonings and respecting existing development rights.

b.    Ensuring land use intensity and density can be achieved in harmony with conservation goals through the application of meaningful incentives and flexible development options.

c.    Providing opportunities for property owners not subject to ESL requirements to voluntarily opt in and thereby achieve greater zoning flexibility and conservation of environmental resources.

Purpose statements specific to an individual ESL resource are provided in relevant sections herein.

((O)11-01, Added, 2/16/11)

B. Applicability

1.    General

a.    The provisions of ESL only apply to properties where specified environmental conditions are identified on the ESL Planning Map or described herein.

b.    ESL regulates specific types of development applications at various stages of the development approval process as delineated below:

i.    All subdivision plat, site plan, conditional use permit, and permit applications subject to the Oracle Road Scenic Corridor, Tangerine Road Corridor Overlay Districts, and Cultural Resource Category shall comply with those respective requirements in subsection D.3 of this section.

ii.    Rezoning applications, including new PAD applications, shall be subject to all the provisions of the ESL conservation system. Applications to amend PADs or rezoning conditions in effect prior to adoption of the ordinance codified in this section are subject to all requirements herein when the proposed amendment includes changes to density, intensity or use unless at least twenty-five percent (25%) of the site has been developed with infrastructure and finished building pads.

iii.    Information regarding the primary conservation categories (major wildlife linkage, critical resource area and core resource area) shall be considered as part of Type 1 and Type 2 General Plan amendment applications, in accordance with Section 22.2.

iv.    Type 1 and Type 2 General Plan amendment applications for property which has not been mapped for environmentally sensitive lands conservation categories shall include mapping for primary conservation categories (major wildlife linkage, critical resource area and core resource area).

v.    Conservation category mapping required by subsection B.1.b.iv of this section shall be completed in accordance with Addendum G and applicable provisions of this section. Following Town Council action on the General Plan amendment, the Planning and Zoning Administrator shall administratively update the ESL Planning Map upon certification that the mapping was completed in accordance with this section.

c.    Once a property is rezoned and open space is conserved as provided herein, environmentally sensitive open space (ESOS) percentages may not be cumulatively reapplied a second time to property or subsequent parcel splits as part of any custom home, subdivision plat, site plan, conditional use permit, and/or off-site improvement permits.

Rezoning on property previously subject to ESL will be evaluated by the Town Council on a case-by-case basis.

d.    All development activity on applicable properties shall comply with provisions specified in Table 27.10-1A or 27.10-1B, ESL applicability, respectively.

e.    Applicability is further established in each ESL section.

TABLE 27.10-1A Applicability for Non-Rezoning/Non-PAD Amendment Projects 

Section Title and Notes

Code Section 27.10

Single-Family R1-300, 144, 43, 36, 20 Custom Homes

Subdivision Plat

Site Plan

Conditional Use Permit

Off-Site Improvement Permit

 

ESLS

 

 

 

 

 

Application Incentive

B.3

Y

Y

Y

Y

N

Major Wildlife Linkage

D.3.a

N

N

N

N

N

Critical Resource Areas

D.3.b

N

N

N

N

N

Core Resource Areas

D.3.c

N

N

N

N

N

Resource Management Areas

D.3.d

N

N

N

N

N

Cultural Resources

D.3.e

N

Y

Y

Y

Y

Scenic Resources

D.3.f

Y

Y

Y

Y

N

Scenic Resource Viewshed, Vegetation and Landscape Standards for Properties in the Oracle Road Scenic Corridor Overlay District.

1 See Section D.3.f.iv.a for Specific Information

D.3.f ORSCOD

Y1

Y1

Y1

Y

N

Scenic Resource Viewshed, Vegetation and Landscape Standards for Properties in the Tangerine Corridor Overlay District.

2 See Section D.3.f.iv.a for Specific Information

D.3.f TCOD

Y2

Y2

Y2

Y

N

ORSCOD Standards

D.3.f.vi.a

Y1

Y

Y

Y

Y

TRCOD Standards

D.3.f.vi.b

Y2

Y

Y

Y

Y

Scenic Resources design guidelines

Addendum H

Y

Y

Y

Y

Y

Hillside Area Category

D.3.g

N

N

N

N

N

Hillside Development Zone

Addendum I.1

Y

Y

Y

Y

N

Open Space Requirements

E.1 – 4

N

N

N

N

N

Riparian Habitat Overlay Ordinance

Addendum I.2

Y

Y

Y

Y

Y

ESOS Use and Development Standards

F.1

N

N

N

N

N

Development Balance and Incentives

4 Only Available When ESLS Is Applied to Property

F.24

N

N

N

N

N

ESOS Design Standards

F.3

N

N

N

N

N

Mitigation

G.1 – 6

Y

Y

Y

Y

Y

 

Table 27.10-1B

Environmentally Sensitive Lands, Section 27.10 Applicability for Rezonings, PAD Amendments and General Plan Amendments 

Section Title and Notes

Code Section 27.10

Rezoning or Certain PAD Amendments1

General Plan Amendment

ESLS

 

 

 

Application Incentive

B.3

N

N

Major Wildlife Linkage

D.3.a

Y

Y1

Critical Resource Areas

D.3.b

Y

Y1

Core Resource Areas

D.3.c

Y

Y1

Resource Management Areas

D.3.d

Y

N

Cultural Resources

D.3.e

Y

N

Scenic Resources

D.3.f

Y

N

Hillside Area Category

D.3.g

Y

N

Hillside Development Zone

Addendum I.1

N

N

Open Space Requirements

E.1 – 4

Y

N

Riparian Habitat Overlay Zone

Addendum I.2

N

N

ESOS Use and Development Standards

F.1

Y

N

Development Balance and Incentives

F.2

Y

N

ESOS Design Standards

F.3

Y

N

Mitigation

G.1 – 6

Y

N

1    Information regarding primary conservation categories (major wildlife linkage, critical resource area and core resource area) shall be considered as part of Type 1 and Type 2 General Plan amendment applications, in accordance with Section 22.2.

2. Exceptions

a.    This section does not apply retroactively to any development, residential or commercial, with an approved site plan or final plat prior to the date of adoption of the ordinance codified in this section.

Applications for a conditional use permit, site plan or preliminary plat for properties with zoning established prior to July 19, 2011, are exempt from the ESL conservation category open space requirements, Hillside Area category, ESOS use and conservation development, and mitigation requirements. In this case, the Hillside and Riparian Habitat Overlay District regulations in effect at the time of ESL adoption (included in Addendum H, Original Code Sections) must be utilized unless the property owner chooses to use ESL provisions, as provided herein.

b.    This section does not apply to PADs and PAD amendments approved by the Town Council prior to July 19, 2011. However, specific provisions and regulations in place prior to ESL adoption including Oracle and Tangerine Scenic Corridors, Riparian Habitat Overlay District, and cultural resource requirements continue to apply to PADs and PAD amendments approved prior to the adoption of the ESL conservation system.

3. ESL Application Incentive for Properties Not Subject to All ESL Requirements

a.    The development regulations in any zoning district may be modified, as provided in subsection F of this section, if the property owner develops in accordance with Table 27.10-1B and all applicable provisions of subsections E and F of this section. This includes nonrezoning and non-PAD projects where compliance would not otherwise be required.

b.    Such modifications to development regulations may only be granted in conjunction with the applicability provisions in subsection F.2.b of this section and the process specified in subsection F.2.c of this section.

((O)17-01, Amended, 1/18/17; (O)13-19, Amended, 9/18/13; (O)11-01, Added, 2/16/11)

C. Environmentally Sensitive Lands (ESL) Regulations and Maps

1.    ESL Resource Identification

ESL regulations address properties where specific environmental conditions exist. The ESL maps, which are available at the Oro Valley Planning Division, have two (2) components: the Resource Science Map and the ESL Planning Map.

2.    Adopted ESL Maps

a.    Resource Science Map

i.    Elements

Resource Science Maps identify the location of conservation categories that include specific resources as defined herein. Resource types include wildlife corridors, riparian areas, distinct vegetation, and critical habitats.

Known, biologically based, sensitive resources and associated conservation categories are consistent with Pima County’s Sonoran Desert Conservation Plan. Each has been identified in Oro Valley through field review by resource professionals.

ii.    Usage

The Resource Science Map is not a regulatory land use map. It is the basis for creating and maintaining the regulatory ESL Planning Map.

If an amendment to the ESL Planning Map is approved containing changes to the location of sensitive resources, the Resource Science Map shall be administratively updated by the Town as necessary.

b.    ESL Planning Map

i.    Elements

The Planning Map is constructed by merging the Resource Science Map with adopted General Plan land use and growth area designations. Six (6) categories, each corresponding to specific conservation requirements in these regulations, are identified on the Planning Map including: major wildlife linkage; critical resource area; core resource area; resource management area-1; resource management area-2; and resource management area-3.

The resource management area category, in response to adopted land use policy, specifies three (3) levels of conservation based on planned growth patterns. Each is further described in subsection D.3 of this section.

ii.    Usage

The ESL Planning Map is a regulatory land use map that shall be applied to relevant development applications and properties as outlined in subsection B of this section, Applicability.

c.    Existing Overlay District Maps Adopted Prior to the ESL Regulations

i.    Elements

The Existing Overlay Maps include the Riparian Habitat Overlay District, Tangerine Road Corridor Overlay District, and the Oracle Road Scenic Corridor Overlay District.

ii.    Usage

The Overlay District elements remain as a regulatory land use map that shall be applied to relevant development applications and properties as outlined in subsection B of this section, Applicability.

3.    Unmapped Resources

a.    The adopted ESL maps do not include the following environmentally sensitive resource categories: scenic resource areas, cultural resources and hillside areas. Identification and conservation of these three (3) resource types are addressed in subsection D of this section.

b.    Minor wildlife linkages, rock outcrop locations, and areas of distinct vegetation shall be identified as part of the development application review (rezoning and conceptual site plan, as applicable) process. Discovery of these resource types requires their conservation in accordance with subsection D of this section, Table 27.10-2.

4. ESL Map Amendments

a.    If the location and quality of environmentally sensitive resources naturally change over time to the extent that resource threshold criteria are not achieved, or resources have been mapped incorrectly, a request for ESL Planning Map amendment may be filed in accordance with Section 22.3, Amendments and Rezonings.

b.    Mapping of resources shall be performed by a qualified specialist in habitat biology, as defined in Chapter 31. All evaluative work shall be completed in accordance with these regulations. The specialist shall certify in writing that the identification of resources was completed in accordance with these regulations.

c.    Any approved General Plan amendment that results in changes to the land use or growth area designations shall require a map amendment to the corresponding resource management area category(ies) in Table 27.10-3. ESL map changes reflecting an adopted General Plan amendment shall be approved administratively.

((O)13-19, Amended, 9/18/13; (O)11-01, Added, 2/16/11)

D. Environmentally Sensitive Lands Conservation System

1. Conservation System

ESL represents an interconnected system of resource conservation. The components of the system include seven (7) distinct categories for the purpose of conserving resources as open space. Key and essential biological resources are included in four (4) ESL categories:

a.    Major wildlife linkage;

b.    Critical resource;

c.    Core resource; and

d.    Resource management.

Environmentally sensitive resource categories that are nonbiologically based include:

e.    Cultural resources;

f.    Scenic resources; and

g.    Hillside areas.

2. Categories

Each category includes distinct definitions and requirements that shall be applied independently when multiple categories occur on a site.

3. Conservation Categories

ESL conservation system categories and related conservation requirements are listed below.

a. Major Wildlife Linkage (MWL) Category

i.    General

Major wildlife linkages include identified large mammal corridors or landscape linkages between public preserves and open spaces.

ii.    Conservation

a)    Major wildlife linkage areas shall be conserved as environmentally sensitive open space (ESOS) in accordance with Table 27.10-2. ESOS is defined in Chapter 31 and further described in subsection E.1 of this section.

b)    The required percentage of ESOS shall be applied to areas identified on the ESL Planning Map.

iii.    Resource Science and Identification

a)    Major wildlife linkages provide essential connectivity that maintains the viability of the areas’ habitat by providing for dispersal, migration, and genetic transfer for wildlife and plants.

b)    In order to maximize wildlife movement within identified corridors, these corridors must be maintained as natural open space linkages with ground disturbance strictly limited to provisions in subsection F.1 of this section.

c)    MWLs include the Santa Catalina-Tortolita Mountains linkage, riparian areas, upland linkages and identified regional roadway crossings.

b. Critical Resource Area (CRA) Category

i.    General

The critical resource area open space category includes the following environmentally sensitive resources as defined herein.

a)    Riparian areas and minor wildlife linkages

b)    Major rock outcrops and boulders

c)    Distinctive habitat resource

ii.    Conservation

a)    Critical resource areas shall be conserved as environmentally sensitive open space (ESOS) in accordance with Table 27.10-2. ESOS is defined in Chapter 31 and further described in Section E.1.

b)    The required percentage of ESOS shall be applied to areas identified on the ESL Planning Map and field verified boundaries of major rock outcrops and boulders. Major rock outcrops and boulders are subject to discovery on a site-by-site basis.

c)    Degraded or disturbed riparian segments within areas identified on the ESL Planning Map must be restored and enhanced to support their biological, hydrologic and geomorphologic functions. These areas will be credited as follows:

1)    Restoration areas will be applied toward total ESOS requirements.

2)    A proportional area will be exempt from Native Plant Salvage and Mitigation requirements in Section 27.6B. This does not apply to any plant listed as threatened or endangered under the Endangered Species Act or highly safeguarded by the Arizona Department of Agriculture.

d)    ESOS shall be configured and maintained in accordance with subsections E and F of this section.

iii.    Resource Science and Identification

a)    Riparian Areas and Minor Wildlife Linkages

1)    Riparian areas are an essential element of the Town’s environmentally sensitive lands and constitute the framework for the linkages and landscape connections necessary to support a viable ecosystem and wildlife habitat.

2)    Riparian areas occur in association with a spring, cienega, lake, water course, river, stream, creek, wash, arroyo, or other body of water, either surface or sub-surface, or any channel having banks and beds through which water flows, at least periodically.

3)    Identification of riparian areas is based on species composition, general density/size, vegetation volume, wildlife habitat, nutrient cycling, erosion control, water quality, and flood moderation. Specifications are provided in Addendum G, Section 1.

4)    Minor wildlife linkages are composed of upland areas and degraded riparian areas. Degraded areas include hardened drainage ways and constricting drainage structures. These minor links are important in maintaining connectivity within the open space system identified in the ESL.

b)    Major Rock Outcrops and Boulders

1)    Rock outcrops and boulders are comprised of exposed bedrock formations and boulder piles and scatters with a minimum size of one hundred (100) square feet as measured horizontally, and a minimum of ten (10) vertical feet.

2)    Rock outcrops and boulders provide wildlife habitat and afford thermal regulation for wildlife, particularly reptiles.

3)    Outcrops and boulders are also a significant scenic resource.

4)    Rock outcrop and boulder features shall be identified in the Site Resource Inventory (Section 27.6.B.3) and clearly delineated on site plans and subdivision plats.

c)    Distinct Habitat Resources

“Distinct habitat resources” include the following habitat elements:

1)    Natural caves, crevices, or mine shafts with a minimum cavity area of two hundred twenty (220) cubic feet (approximately six (6) feet by six (6) feet by six (6) feet). Excavations or test pits are not included.

2)    Groundwater seeps, whether intermittent or perennial.

c. Core Resource Area (COR) Category

i.    General

Core resource areas include the following environmentally sensitive resources as defined herein.

a)    Pima County Conservation Lands System, biological core management areas adopted by the Board of Supervisors, June 2005.

b)    Special status species habitat supporting five (5) or more priority vulnerable species.

c)    Distinctive native plant stands.

ii.    Conservation

a)    Core resource areas shall be conserved as environmentally sensitive open space (ESOS) in accordance with Table 27.10-2. ESOS is defined in Chapter 31 and further described in subsection E.1 of this section.

b)    The required percentage of ESOS shall be applied to areas identified on the ESL Planning Map and field verified locations of distinctive native plant stands.

c)    ESOS shall be configured and maintained in accordance with subsections E.1 and F of this section.

iii.    Resource Science and Identification

a)    Core resource area open spaces support biological diversity by conserving recognized wildlife habitat. Core resource areas include all areas designated biological core management area by the Pima County Conservation Lands System and areas identified by field review and evaluation by resource professionals.

b)    Core resource areas may contain significant stands of vegetation that support biological diversity and are integral to the Town’s distinctive character.

c)    Special status species habitats, as defined in Addendum G, Section 2, that include five (5) or more vulnerable species targeted for conservation.

d)    Distinctive Native Plant Stands

Distinctive native plant stands are areas of native vegetation that exist in contrast to the majority of the surrounding vegetative community due to either microclimates or availability of water sources. Section 27.6.B.3.b.i includes defining criteria.

d. Resource Management Area (RMA) Category

i.    General

a)    Special status species habitat supporting three (3) or more priority vulnerable species.

b)    The RMA category is divided into three (3) areas merging resource science with adopted future land use designations and intensities as specified in the General Plan. Table 27.10-3 indicates the three RMA areas and associated General Plan land use designations.

c)    Distinctive individual native plants.

d)    Minor rock outcrops or boulders.

ii.    Conservation

a)    The resource management area category supports utilization of identified lands based on planned land use intensities consistent with the General Plan while requiring minimum levels of sensitive land conservation.

b)    The RMA category specifies minimum ESOS amounts for each area. Table 27.10-3 indicates ESOS requirements by land use designation. ESOS is defined in Chapter 31 and further described in subsection E.1 of this section.

c)    The required percentage of ESOS shall be applied to areas identified on the ESL Planning Map and field verified boundaries of minor rock outcrops and boulders and distinctive individual native plants. Major rock outcrops and boulders and distinctive individual native plants are subject to discovery on a site-by-site basis.

d)    ESOS shall be configured and maintained in accordance with the requirements of subsections E and F of this section.

iii.    Resource Science and Identification

The resource management area category merges environmentally sensitive resources and public policy:

a)    Special status species habitats, as defined in Addendum G, Section 2, that include three (3) or more vulnerable species targeted for conservation.

b)    The resource management area (RMA) category couples refined mapping of Pima County multiple use management areas with the adopted land use policies of the General Plan.

c)    Criteria in Addendum G, Section 3, were used to refine mapping of Pima County multiple use management areas.

d)    A distinctive native plant refers to any native tree, shrub, or cacti with extraordinary characteristics such as, but not limited to, age, size, shape, form, canopy cover, or aesthetic value. Further definition is provided in Section 27.6.B.3.b.i.

e)    Minor Rock Outcrops and Boulders

1)    Minor rock outcrops and boulders are comprised of exposed bedrock formations and boulder piles and scatters with a minimum size of one hundred (100) square feet as measured horizontally, and a minimum of three (3) vertical feet.

2)    Rock outcrops and boulders provide wildlife habitat and afford thermal regulation for wildlife, particularly reptiles.

3)    Rock outcrop and boulder features shall be identified in the Site Resource Inventory and shall be clearly delineated on site plans and subdivision plats.

TABLE 27.10-2: ESL Categories: Minimum ESOS

Category

Minimum ESOS Percentage

Major Wildlife Linkage

100

Critical Resource Area

95

Core Resource Area

80

Resource Management Area-1

66

Resource Management Area-2

25

Resource Management Area-3

0

TABLE 27.10-3:

Resource Management Area

Minimum ESOS by General Plan Designation

RMA Areas

Area 1

Area 2

Area 3

Minimum ESOS

66%

25%

0%

General Plan Land Use Designation

Rural Low Density Residential 0 – 0.3

Neighborhood Commercial / Office

Growth Areas

Low Density Residential 0.4 – 1.2

Community / Regional Commercial

Low Density Residential 1.3 – 2.0

Commercial / Office Park

Resort/Golf Course

High Density Residential

Open Space

Medium Density Residential

School, Park

Public/Semi Public

MPC Rooney

MPC Kai Capri

e. Cultural Resources Category

“Cultural resources,” as defined in Chapter 31, include a variety of historic sites and buildings, prehistoric sites, archaeological sites and supporting materials and records.

i.    Purpose

The cultural resources category is intended to:

a)    Implement the Town’s General Plan goals and policies for conservation of cultural resources; and

b)    Protect cultural resources that are recognized to have enduring value in advancing education, general welfare, civic pride and appreciation of the Town’s heritage in order to perpetuate the unique character of Oro Valley; and

c)    Establish regulatory criteria for the identification, assessment and protection of significant cultural resources; and

d)    Prevent or reduce adverse impacts to significant cultural resource sites by employing treatments that range from in-place preservation to various degrees of mitigation; and

e)    Integrate cultural resources in the environmentally sensitive lands system to provide for the conservation of significant cultural resources in concert with other sensitive resources.

ii.    Mapping

To protect sensitive sites, archaeological resources shall not be included on maps for general public distribution. Environmentally sensitive lands system maps do not include the location of cultural resource sites.

iii.    Applicability

This section shall apply to all development which requires a rezoning, preliminary plat, site plan or amendment to these items. Associated off-site development and ancillary construction (utility trenches, water and sewage treatment facilities, roads, etc.) will be treated in the same manner.

iv.    Conservation Strategies

a)    Cultural resources may occur individually or in combination with other environmentally sensitive resources. Conservation of significant cultural resources shall be applied through one (1) of the following three (3) strategies:

1)    Preserved in Place: significant resources shall be preserved in place in order to protect the cultural or historic value of the resource as specified in the approved treatment plan; or

2)    Combination: significant resources shall be partially preserved in place and partially mitigated as provided in the approved treatment plan; or

3)    Treatment: significant resources shall be reused or mitigated as prescribed by the approved treatment plan, allowing reuse of the site.

b)    A conservation strategy shall be assigned by:

1)    Determination of significance.

2)    Agency review comments.

3)    Evaluation in relation to other environmentally sensitive resources.

4)    Development and acceptance of a treatment plan.

v.    Review Procedures

a)    A cultural resource professional shall perform a records search of all cultural resource records of the State Historic Preservation Office, the Arizona State Museum, AZSITE archaeological resource database and the Town of Oro Valley Cultural Resources Inventory to determine whether any surveys have been completed for the property.

b)    A cultural resources survey and inventory report that meets the Town of Oro Valley submittal requirements shall be prepared by the Planning and Zoning Administrator appointed cultural resource professional if:

1)    Records indicate no cultural resource surveys of the subject property have been completed; or

2)    Surveys of the property are more than ten (10) years old and sites were recorded in the survey; or

3)    The existing survey and report lack sufficient information to determine significance in accordance with subsection D.3.e.v.e of this section; or

4)    The Arizona State Museum recommends an updated survey.

c)    If the survey indicates there are no cultural resources present at the site or the resources are determined not significant in accordance with subsection D.3.e.v.e of this section, the review process is complete.

d)    If a new or updated survey is required, an appropriate cultural resource professional must complete the survey and treatment plan, as necessary.

1)    If resources are present, the survey shall include a recommendation, based on the criteria contained in this section, regarding National Register and local cultural resource significance and integrity.

2)    If significant resources are present, a cultural resource professional with appropriate specialization must develop a treatment plan for the specific resource.

e)    Determination of Significance and Integrity

1)    The list of known significant cultural resources maintained by the Town of Oro Valley shall be consulted. Identified resources are subject to requirements in this subsection D.3.e.

2)    For unevaluated resources or when significance is undetermined, the determination of significance shall be based upon the evaluation of National Register and local community criteria.

A)    National Register criteria shall be applied to determine eligibility for listing in the National and State registers of historic places in accordance with the National Historic Preservation Act of 1966, as amended, and the Arizona State Historic Preservation Act of 1982, as amended.

B)    Local community criteria are used to identify sites which are important to a local group or the Oro Valley community, or a place of ancestral occupation or activity of recognized value.

Cultural resources are locally significant if the resource is preserved in a condition of scientific integrity and the property or resources contribute to:

i)    The unique identity of the community; or

ii)    The enhancement of community economic, educational or recreational needs; or

iii)    The understanding of the unique religious, mythological, or social character of a discrete population within or outside the community.

3)    Determination of Significance

A)    A determination of significance may only be made by a cultural resource professional.

B)    The Planning and Zoning Administrator shall review the determination to ensure all appropriate resources surveyed and criteria have been addressed.

C)    If the determination is deemed inadequate, the Planning and Zoning Administrator shall consult the State Historic Preservation Office and may also consult another cultural resource professional for a new determination of significance.

D)    The process to determine resource significance must be completed within forty-five (45) days of a complete development review application submittal.

E)    Once a determination is accepted by the Planning and Zoning Administrator, the cultural resource professional shall submit a treatment plan prepared in accordance with subsection D.3.e.v.f of this section.

f)    Treatment Plan

1)    The treatment plan shall meet all submittal requirements and the following requirements:

A)    Address specific findings and provide details of and justification for the conservation strategy that is proposed, as defined in subsection E.4 of this section.

B)    Define a plan to protect preserved-in-place resources during construction and/or promote data recovery through a documentation plan for those resources which will be mitigated or removed.

C)    Employ tools which will result in the permanent protection of significant resources including, but not limited to, conservation tract, dedication to stewardship organization or public displays.

D)    Develop a specific treatment plan implementation schedule in concert with the Planning and Zoning Administrator and the applicant to ensure resource conservation and necessary flexibility.

E)    Identify an organization that will assume long-term stewardship responsibility for significant cultural resources by managing preserved-in-place resources or documenting and conducting further study of resources that are mitigated or removed.

F)    Recommend the appropriate methods to ensure public education and access, if appropriate, to the cultural resources.

G)    Provide a benefit to the immediate community, broader stakeholders, or academic community that is commensurate with the significance of the cultural resource.

2)    Phased Developments:

A)    The treatment plan shall incorporate the entire development. The implementation of the approved treatment plan may occur incrementally for each phase that contains cultural resources.

B)    In the event that the impact to a cultural resource site spans more than one (1) development phase, implementation shall address all phases of work at the site.

g)    Treatment Plan Review and Decisions

1)    The Planning and Zoning Administrator may approve the treatment plan upon consideration of the following:

A)    Recommendations of the Cultural Resource Professional and State Historic Preservation Office.

B)    Provisions for specific cultural resources within local and regional plans accepted by the Town which include, but are not limited to, the Oro Valley Cultural Resources Preservation Plan and Sonoran Desert Conservation Plan.

C)    Nature, condition and extent of other environmentally sensitive lands to optimize conservation of all resources.

2)    Prior to Town Council review of a development application specified in subsection D.3.e.iii of this section, or permitting of development, earthwork, construction, remodeling, change or alteration of any proposed or existing project, the property owner or his/her designated agent shall secure approval of the treatment plan.

3)    The Town of Oro Valley process to approve a treatment plan must be complete within thirty (30) days of formal State Historic Preservation comment.

vi.    General Requirements

a)    Cultural Resource Professional

1)    All cultural resources research, surveys and treatment plans shall be conducted by a cultural resource professional.

2)    Secretary of Interior standards for professional qualification must be satisfied.

3)    The cultural resource professional utilized must be selected by the applicant from a pre-qualification list maintained by the Planning and Zoning Administrator.

b)    Disturbance

1)    No physical disturbance of an unevaluated site shall be permitted, including artifact collection or excavation.

2)    No disturbance of significant cultural resource sites shall be permitted unless specifically indicated in the approved treatment plan.

3)    Cultural resources that are to be preserved in place shall be protected during development activities by the manner specified in the treatment plan.

c)    Discoveries

1)    If any unrecorded cultural resources are encountered during the grading/excavation process, all work shall cease in the immediate vicinity of the resources and a qualified archaeologist shall be consulted to assess the significance of the resources and prepare recommendations in accordance with the review process specified in subsection D.3.e.v of this section.

2)    If a treatment plan is required, it shall be submitted and reviewed in accordance with subsection D.3.e.v.f of this section.

3)    Treatment Plan Review and Decisions

A)    Construction may proceed in other areas of the site during the review process in a manner that ensures protection of a cultural resource discovery.

B)    Disclosure of information regarding the location and nature of the cultural resources shall be restricted, except as required for avoidance and protection of the resource.

C)    A determination of significance and/or completion of a treatment plan shall be accomplished within twenty (20) days of discovery notice to the Planning and Zoning Administrator.

d)    Treatment of Human Remains

1)    If human remains are known to exist on the site or are discovered in the course of construction, an agreement for the treatment of the human remains shall be developed with the Arizona State Museum (ASM) and appropriate cultural groups pursuant to A.R.S. Sections 41-844 and 41-865.

2)    The agreement shall be established prior to any archaeological investigation.

3)    The property owner shall comply with State and Federal laws regarding the treatment of human remains, even if a treatment plan has been approved.

e)    Prior to issuance of any Town permits, consultation with the State Historic Preservation Office (SHPO) shall be completed if the development:

1)    Occurs on Federal or State land; or

2)    Receives funding from a Federal, State, or County agency; or

3)    Arises from circumstances dictated by Federal or State regulation; and

4)    Is subject to review as specified herein.

f)    Excavations on Public Property

1)    No individual shall be allowed to use a probe, metal detector or any other device to search or excavate for artifacts on public property, nor can any individual remove artifacts from public property without the written permission of the Town.

2)    No disturbance or construction activities shall be authorized within the properties belonging to the Town, including public streets and rights-of-way, without a Town permit and compliance with the requirements of this section.

g)    Conservation credit for significant cultural resources under the environmentally sensitive lands system.

1)    Land designated as ESOS and a protected cultural resources site in accordance with an approved treatment plan shall qualify as required ESOS on a one to three (1:3) basis (each square foot of cultural resource site shall equal three (3) square feet of required ESOS).

2)    The area to be preserved in perpetuity shall be accurately indicated in the treatment plan prior to its approval.

3)    Only areas within the cultural resource site, as identified in the treatment plan, are eligible for the ESOS credit.

vii.    Appeals and Reviews

a)    Within twenty (20) days of a decision, the applicant may appeal a determination of significance to the Historic Preservation Commission when local community review criteria are the sole source of analysis. An appeal of a determination based on National Register criteria is strictly subject to State and/or Federal review.

b)    The applicant may appeal the Planning and Zoning Administrator’s approval or denial of a treatment plan to the Historic Preservation Commission within twenty (20) days of a decision.

c)    A hearing on an appeal shall be scheduled within thirty (30) calendar days of the request. The Historic Preservation Commission shall hold a hearing and may approve, disapprove, approve with stipulations or remand the case for additional analysis.

d)    Notice of the hearing shall be posted on the property at least ten (10) calendar days prior to the hearing.

e)    The Historic Preservation Commission may review any treatment plan approval by the Planning and Zoning Administrator. In order to overturn the Planning and Zoning Administrator’s approval, the Historic Preservation Commission is required to find an abuse of discretion on the part of the Planning and Zoning Administrator. The Historic Preservation Commission may subsequently uphold, modify or overrule the Planning and Zoning Administrator’s determination.

Notice of Historic Preservation Commission review shall be initiated within fifteen (15) days after the Planning and Zoning Administrator’s approval in writing to the Planning and Zoning Administrator. Failure of the Historic Preservation Commission to make a timely review results in the decision of the Planning and Zoning Administrator deemed to be final, with an appeal to the Town Council available to the applicant.

In the event the HPC timely initiates their appeal, the applicant will be notified within an additional fifteen (15) days of the time and place for the hearing. Review by the HPC shall be completed within thirty (30) days of initiation by the Historic Preservation Commission or the decision of the Planning and Zoning Administrator is deemed to be final, with an appeal to the Town Council available to the applicant.

f)    The applicant may appeal the Historic Preservation Commission decision on a determination of significance or a treatment plan to the Town Council within twenty (20) days of the Historic Preservation Commission decision.

g)    The Town Council shall have the right and prerogative to initiate its own review of any decision of the Historic Preservation Commission and shall uphold, modify or overrule said decision. Notice of Town Council-initiated review shall be given to the applicant within fifteen (15) days after action upon the application in question or the decision of the Historic Preservation Commission shall be deemed to be final and binding upon the Town.

f. Scenic Resources Category

i.    Purpose

The Scenic Resources Category implements the Town’s General Plan by providing protection for scenic corridors, public park viewsheds, and the distinctive visual character of Oro Valley. These regulations and guidelines serve to conserve views to scenic features including the ridgelines, hillsides, peaks and foothills of the Santa Catalina, Tortolita, and more distant mountain ranges that contribute to the Town’s valued scenic character.

ii.    Scenic Resource Conservation Areas Established

Scenic resources within the Town are identified and designated for conservation. Each scenic resource includes requirements intended to conserve the scenic qualities of the Town as observed from Oracle and Tangerine Roads. Scenic Resource Conservation Areas function to direct development design to conserve scenic views across private property.

The Oracle Road Scenic Corridor Overlay District and the Tangerine Corridor Overlay District regulations are substantively the same as the versions originally adopted in 1995 and 1997. The procedural requirements for implementing these ordinances are included in subsection B of this section.

iii.    Applicability

Applicability of Scenic Resource requirements is unique to both Oracle and Tangerine Roads. Specifics for Oracle Road are provided in subsection D.3.f.vi.a.1.A of this section and Tangerine Road in subsection D.3.f.vi.b.2.A of this section.

iv.    Viewshed and Vegetation Analysis

a)    Viewshed Evaluation

Evaluation of scenic qualities is required for all development proposals within scenic corridors, unless expressly waived by the Planning and Zoning Administrator. Regulations may be waived if the character of the site and terrain renders such analysis as not beneficial to the Town.

Identification of views, particularly the immediate foreground of the subject property and significant background mountain views of the Catalinas, Tortolitas and Tucson Mountains, shall be undertaken for any applicable proposal, including rezonings or subdivision plats, on each development site with suggested methods for alleviating adverse visual impacts of any structure visible from applicable areas.

1)    Viewshed Analysis

A)    A viewshed analysis of vistas across the site, including any view corridors to the mountains, shall be prepared. A set of not fewer than twelve (12) different photographs, taken from the roadway frontage corners of the property and at intervals of not more than fifty (50) feet between and properly labeled, shall be submitted, as defined herein, to document existing visual resources on and across the proposed development site.

B)    For public parks, photographs are to be taken from the approximate center of the park and from a point representing the average topographic elevation. The angle required is one looking from this point and across the proposed development site. The photo(s) shall be prepared to document existing viewshed conditions. The Planning and Zoning Administrator can require additional photographs in order to adequately document existing conditions.

2)    View Preservation Plan (VPP)

A)    A VPP is required for nonresidential developments with a proposed FAR (floor area ratio) of 0.2 or greater and for any developments with building heights proposed to exceed eighteen (18) feet from natural grade, existing or proposed road profile grade at the right-of-way or eighteen (18) feet above the elevation of the closest park boundary.

B)    A narrative and viewshed analysis photographs with proposed structures superimposed on the existing landscape or accurate computer graphic renderings that depict impacts to scenic views across the site as viewed from scenic roadway corridors or public parks are required. These exhibits shall demonstrate methods for assuring that driveways, parking areas and structures are constructed in a manner compatible with the natural terrain and scenic qualities of the site.

Written and illustrative materials shall be provided by the applicant in response to the regulations and guidelines pertaining to the intended type and intensity of development. Mapping may be based on aerial photographs or base maps, with overlays if desired, prepared at an appropriate scale to illustrate the vegetation and other resources on the site, as well as proposed plans and solutions.

i)    At a minimum, written materials shall include:

(A)    Proposed use(s) and accessory use(s).

(B)    Building height and bulk.

(C)    Principal building materials and colors.

(D)    Intended architectural theme.

ii)    At a minimum, one (1) or more graphic exhibits, not less than eleven (11) inches by seventeen (17) inches in size, shall depict locations of:

(A)    Proposed structures, drives and parking areas.

(B)    Topography at two (2) foot intervals.

(C)    Frontage tract and other areas where vegetation or other resources are to be preserved.

(D)    Only lands that are visible from identified scenic resource areas, scenic corridors and public parks can be included in the protected viewshed.

FIGURE 27.10-1: VPP Graphic Exhibit Example

b)    Vegetation Identification

1)    Identification of corridor character vegetation (CCV) is required for all development applications within scenic corridors unless expressly waived by the Planning and Zoning Administrator.

2)    Corridor character vegetation (CCV) includes all saguaros or groupings of existing plants that provide visual screening, and tree species as specified below with a trunk diameter greater than six (6) inches, measured at a point two (2) feet above the ground, or a cluster of three (3) or more trees located within ten (10) feet of each other with trunk diameters of more than two (2) inches.

3)    Tree species included as CCV are: Blue palo verde (Cercidium floridum), Littleleaf palo verde (Cercidium microphyllum), Velvet mesquite (Prosopsis juliflora), ironwood (Olneya tesota), Desert willow (Chilopsis linearis), Catclaw acacia (Acacia greggii), Sweet acacia (Acacia minuta), Netleaf hackberry (Celtis reticulata), and Velvet ash (Franxinus velutina).

4)    Areas of distinct vegetation as defined in Native Plant Preservation, Salvage and Mitigation, Section 27.6.B, that exist within the established scenic resource conservation area are included as CCV.

5)    Areas of distinct vegetation and CCV shall be inventoried in accordance with the requirements established in Section 27.6.B, Native Plant Preservation, Salvage and Mitigation.

v.    Vegetation and Landscape Treatment

All properties and land use categories within scenic corridors are subject to the following regulations for purposes of vegetation preservation and landscape development. Exceptions or additional requirements are noted within individual scenic corridors. These regulations and guidelines apply in addition to general Oro Valley landscape conservation requirements.

a)    Vegetation Preservation Site Planning

1)    Areas of the site where all corridor character vegetation (CCV), including under-story, is preserved are not subject to additional landscape requirements of the Oro Valley Landscape Conservation Code, Section 27.6; however, a landscape plan prepared in accordance with Section 27.6 is required. Where under-story is to be cleared or existing trees are to be trimmed, the appropriate requirements of Section 27.6, as determined by the Planning and Zoning Administrator, shall be complied with.

2)    In cases where an area has previously been substantially disturbed or has little CCV to preserve, the landscape treatment requirements of Section 27.6.C shall apply.

3)    Except for clearing necessary to provide utilities and access to the site, no CCV shall be removed within a distance of one hundred (100) feet from the dedicated right-of-way line of Oracle Road (Figure 27.10-2), or fifty (50) feet from the dedicated right-of-way line of Tangerine Road without prior Planning and Zoning Commission approval. No development, other than additional landscaping, is permitted within this CCV preservation zone (see subsections D.3.f.vi.a and D.3.f.vi.b of this section for additional landscaping requirements specific to land use type).

4)    Where no CCV exists, no one hundred (100) foot or fifty (50) foot CCV preservation zone, as described above, is required. The preservation zone is required only along those frontage areas where CCV exists, as defined in subsection D.3.f.iv.b of this section.

5)    Washes with runoff volumes greater than five hundred (500) cubic feet per second during the one hundred (100) year storm, and their associated riparian habitat, shall be preserved in their natural state with exceptions for access and utility crossings. Any wash deemed unique, based on quality of vegetation or habitat, regardless of flow rate, may be required to be maintained as natural by the Town Council.

FIGURE 27.10-2: Preserved Vegetation

b)    Landscape/Screening Treatment

The following landscape requirements apply to all common areas, private and public open space, landscape buffers, medians and rights-of-way within scenic corridors, except when further than one hundred (100) feet from the Oracle Road right-of-way or fifty (50) feet from Tangerine Road and in fully screened enclosed areas such as courtyards, residential backyards and active open spaces, swimming pools and patios associated with resort and residential uses. All other Oro Valley landscape requirements and guidelines apply.

1)    Tree species planted in landscaped areas within a scenic corridor are restricted to the following: Blue and Foothills palo verde (Cercidium floridum and C. microphyllum), mesquite (Prosopsis spp.), and ironwood (Olneya tesota). All introduced shrubs, accents, and ground covers shall comply with the Oro Valley Approved Native Plant List (see Addendum C).

2)    Parking lots shall be landscaped with the specified trees.

3)    Decomposed granite (or other inorganic ground covers) may not exceed twenty-five percent (25%) of the total landscaped area (except roadway medians). Use of rock or stone as ground cover shall be limited to areas requiring slope stabilization or drainage channels. Only rock materials indigenous to the scenic corridor area are acceptable.

4)    All remaining disturbed areas shall be stabilized or seeded with shrubs, wildflowers, forbes or grasses from the Oro Valley Approved Plant List as approved by the Planning and Zoning Administrator (see Addendum D).

5)    Native plant materials shall be allowed to maintain their natural form and character after establishment and during normal maintenance operations. Limited trimming is allowed for visibility and plant health purposes.

6)    All right-of-way areas where significant vegetation does not exist shall be landscaped as established herein and in Section 27.6, with approval from the Planning and Zoning Administrator, Town Engineer, and ADOT, if within jurisdictional limits. The following additional requirements apply:

A)    A continuous landscape treatment from the edge of the scenic corridor pavement to the right-of-way/private property line. Plant types (tree, shrubs, cactus, etc.) and quantity will be dictated by road safety standards.

B)    Hydroseed in compliance with the quantity and type specified in Addendum D shall be utilized.

c)    Walls and Berms

The following wall and berm requirements apply to all properties within scenic corridors.

1)    Where existing vegetation is minimal or has been disturbed, earthen berms, or portions of earthen berms, may be placed in landscape conservation tracts for purposes of traffic noise attenuation or residential screening. Berms shall be designed in a manner to promote water harvesting and have a natural shape and appearance, complementary to the existing topography (Figure 27.10-3) and shall comply with the requirements of Section 27.6.D.4, rainwater harvesting requirements.

2)    Walls shall not exceed in length thirty-three percent (33%) of the scenic corridor frontage of each parcel.

3)    Fences shall be prohibited, with the exception of wrought iron fence treatments used in association with masonry walls.

FIGURE 27.10-3: Plan View and Elevations

vi.    Site Development

Oracle Road Scenic Corridor Overlay District (ORSCOD) and Tangerine Road Corridor Overlay District (TRCOD)

The sensitive natural character and scenic vistas from scenic corridors require additional development design requirements to assure scenic resource conservation and implementation of the adopted General Plan. This section includes requirements for property development along Oracle and Tangerine Roads.

a)    Oracle Road Scenic Corridor District

Regulations and development guidelines adopted herein are intended to supplement the otherwise applicable zoning requirements and procedures pursuant to specific plan and overlay district enabling legislation.

1)    Oracle Road Scenic Corridor District Established

A)    Overlay District

The Oracle Road Scenic Corridor District, including the area designated and adopted by the Town Council as the Oracle Road Scenic Corridor Specific Plan, is hereby designated as an overlay zoning district consistent with the Oracle Road Scenic Corridor Specific Plan adopted by the Town Council. Development within the Oracle Road Scenic Corridor District shall be regulated by the provisions of this section and the requirements of the Oro Valley Zoning Code Revised, including under- lying district(s) and PADs, except that in the event of a conflict, the more restrictive shall prevail.

i)    Applicability

The provisions of the Oracle Road Scenic Corridor Overlay District apply to development in the area shown on the existing overlay district maps for the Oracle Road Scenic Corridor.

ii)    Exceptions

(A)    Rooney Ranch Planned Area Development. The Rooney Ranch Planned Area Development contains an approved layout plan for commercial development within the Oracle Road Corridor. Area G, located on the west side of Oracle Road and south of Pusch View Lane, is exempt from the provisions of this overlay zone.

Development area B of the Rooney Ranch PAD is exempt from the fol- lowing provisions: subsection D.3.f.vi.a.3.B.i and ii of this section (front setbacks) and subsection D.3.f.vi.a.3.B.iii of this section, building bulk. Development area D is exempt from all provisions of this overlay zone except, subsection D.3.f.v.b.6 of this section, right-of-way landscaping.

(B)    La Reserve Planned Area Development. All portions of the La Reserve PAD that fall within the Oracle Road Corridor Overlay District are subject to the provisions of the district, with the exception of the Foothills Business Park. Based on the recorded plat for the Foothills Business Park, Lots 2 through 8, 16, and 17 shall be exempt from the requirements of subsection D.3.f.vi.a.3.C.iv of this section (open space) and subsection D.3.F.vi.a.3.C.v of this section (view corridors). Lots 9 through 12 of the Foothills Business Park shall be exempt from the pro- visions of subsection D.3.f.vi.a.3.C.ii of this section (setbacks) and sub- section D.3.f.vi.a.3.C.iv of this section (open space). All other provisions of this district shall apply. Lots 1, 13, 14, and 15 of the Foothills Business Park have been fully developed, and are exempt from the provisions of the Overlay District.

(C)    Steam Pump Village Planned Area Development. The Steam Pump Village PAD is exempt.

(D)    If any PAD is substantially changed from the Town approved plan, as determined by the Planning and Zoning Administrator, all provisions of this Overlay District shall apply. A substantial change from the approved land use plan includes a change in (1) the number and general massing of buildings or groups of buildings, (2) density, (3) setbacks, (4) open space or (5) circulation configuration. Such a deviation will cause the loss of exemption. All cases evaluated for significant change shall be made known to the Planning and Zoning Commission through the Planning and Zoning Administrator’s report.

B)    Special Recommendations

The Planning and Zoning Administrator may recommend such development requirements as the Administrator deems necessary to assure compliance with Oracle Road Scenic Corridor Specific Plan Goals and Objectives and for the protection of neighboring residences for all plats and site plans that may be submitted in the development period.

2)    Approvals Required

No structure or building shall be built or remodeled on land in the Oracle Road Scenic Corridor District until approval has been granted as set forth in this section and as required in other applicable sections of this Zoning Code.

3)    Oracle Road Scenic Corridor District Use

Distinctions in development regulations are applied to four (4) general types of land use (Residential, Resort, Commercial, Employment/Institutional) for their effective integration into the unique scenic corridor set- ting.

A)    Residential Development Regulations

The Oracle Road Scenic Corridor Specific Plan and the Oro Valley General Plan characterize the plan area’s predominant land use character as being resort-residential in nature. Accordingly, additional assurances and criteria are set forth to protect scenic quality and to protect and enhance residential character within the corridor. Zoning district requirements shall pertain except as herein provided for properties, or portions thereof, classified according to Sections 23.6 and 23.7, Single- Family and Multi-Family Residential District Regulations, and located within the Oracle Road District.

i)    Access to Oracle Road. Direct access to Oracle Road is permitted only for pre-existing, residentially zoned lots of record as of the effective date of the Oracle Road Scenic Corridor Overlay District. Thereafter, subdivisions or residential clusters containing a minimum of forty (40) residential lots or dwelling units shall have access points spaced a minimum of six hundred sixty (660) feet on center, except as hereinafter required or modified by specific plan variance.

Indirect access to Oracle Road, by way of a dedicated public street or by private street observing the aforementioned spacing requirement, is required, as feasible, to any residence or residential development from a point not less than two hundred (200) feet from the Oracle Road right- of-way.

ii)    Required Setbacks. Setback requirements of the applicable zoning district are to be provided and, except for residentially zoned lots existing prior to the adoption of the ordinance codified in this section, a peripheral landscaped setback, exclusive of access driveways, is to be designated as common area to a depth of not less than thirty (30) feet from the front and rear property lines.

FIGURE 27.10-4: Residential Indirect Access Design

iii)    Density. Within perimeter setbacks and view corridor restrictions, the setbacks, heights, coverage, density, and open space requirements of the underlying residential district apply to individual lots or dwelling clusters.

iv)    Height. Structures within one hundred (100) feet of the Oracle Road right-of-way may not exceed eighteen (18) feet in height.

v)    Landscaping Treatments. Landscaping is to be installed and maintained for perimeter setbacks and all common open space areas according to an approved phasing schedule. Further requirements are applied:

B)    Resort Development Regulations

The Oracle Road Scenic Corridor Specific Plan and the Town of Oro Valley General Plan designate the corridor as being resort-residential in character. Accordingly, resort development is encouraged for its potential contribution to the recommended use characteristics and scenic qualities of the corridor.

i)    Access to Oracle Road. Resort development requires a minimum front- age of six hundred sixty (660) feet on Oracle Road, with a single road- way access (unless frontage exceeds two thousand (2,000) feet or as may be required for emergency access). The entry drive or street is to be a minimum of two hundred (200) feet in length from the Oracle Road right-of-way to any intersecting interior drive.

ii)    Required Setbacks. A setback of not less than one hundred fifty (150) feet from the Oracle Road right-of-way is to be provided, the front one hundred (100) feet of which shall be landscaped or natural open space. Where adjacent to existing residential development, buffers of three hundred (300) feet are required as side or rear setbacks, which may be used for parking if properly screened.

iii)    Density/Bulk. Subject to Planning and Zoning Commission approval, resort/residential developments proposed in the Oracle Road Scenic Corridor Overlay District shall consist of contiguous land areas totaling seven and one-half (7 1/2) acres or more.

(A)    A qualifying resort is to contain a minimum total of thirty (30) guest rooms, casitas, and/or dwelling units, of which the majority are to be located within the principal structure.

(B)    Subject to Town Council approval, additional guest rooms or dwelling units may be constructed in excess of those determined from gross land area as specified in Section 23.7.C.1.

iv)    Landscaping Treatments. Not less than twenty-five percent (25%) of the gross site area is to be devoted to common landscaped or natural open space recreation areas accessible to resort guests and homeowners.

v)    View Corridors. Buildings over eighteen (18) feet in height or other structures, including walls, signs or mechanical equipment over four (4) feet in height, may not be placed within one hundred (100) feet of the Oracle Road right-of-way, with the following exceptions:

(A)    Resort signage; principal resort structure two hundred (200) feet or more from the right-of-way.

(B)    Retaining walls for screened parking areas.

vi)    Performance Requirements. All other development requirements of the R4-R district, as well as the requirements of this section, shall apply.

C)    Commercial Development Regulations

The Oracle Road Scenic Corridor Specific Plan requires additional assurances with regard to the design and placement of commercial structures or uses so as to protect the scenic qualities that accrue to the value of all properties within the corridor. Zoning district requirements apply except as herein provided for properties, or portions thereof, classified according to Section 23.8, commercial district regulations, as C- 1, C-N, C-2 or P-1 Districts, located within the Oracle Road District.

i)    Access to Oracle Road. Direct access to Oracle Road is to be spaced a minimum of three hundred thirty (330) feet on center, except as hereinafter required or modified by Specific Plan variance.

ii)    Required Setbacks. Setback requirements of the applicable zoning district classification are applied, except as provided below:

(A)    Front setback for multiple structure development: Average one hundred twenty (120) feet.

FIGURE 27.10-5: Setbacks

(B)    Front setbacks for single structure development: Minimum sixty (60) feet and must comply with a four to one (4:1) setback to building height ratio.

(C)    Side setback distances of the applicable zoning district are to be provided.

(D)    Office developments on parcels of two (2) acres or less and not exceeding five thousand (5,000) square feet of gross leasable area shall be permitted to observe the adjacent residential setback plus ten (10) feet for buildings up to two thousand (2,000) square feet; and for buildings of two thousand (2,000) to five thousand (5,000) square feet in area, one and one-half (1 1/2) times the residential setback. Half of the additional requirement (in excess of the residential district setback) shall be waived where all parking is provided with security concerns addressed or internalized parking; half shall be waived for single-story structures of fifteen (15) feet in height or less.

Examples:

Building up to two thousand (2,000) square feet, adjacent to R1-36: forty (40) foot rear setback plus ten (10) feet equals fifty (50) feet; may be reduced in increments of five (5) feet to forty (40) feet.

Building two thousand (2,000) to five thousand (5,000) square feet adjacent to R1-43: twenty (20) foot side setback times one and one-half (1 1/2) equals thirty (30) feet; may be reduced in increments of five (5) feet to twenty (20) feet.

iii)    Freestanding Building Pads. Within development envelopes established by setbacks and view corridor restrictions, the following free- standing pads may be built:

(A)    Establishment of freestanding building pads fronting on or directly accessible from Oracle Road is permitted only on sites of five (5) acres or greater, with a minimum of fifty thousand (50,000) square feet of GFA (gross floor area) in the principal structure required for the first such pad. Additional pads, requiring further increments of principal building GFA, may be permitted only by express Planning and Zoning Commission approval, subject to the following requirements:

(1)    Properties not exceeding ten (10) acres in area shall provide an additional twenty-five thousand (25,000) square feet of GFA or portion thereof for each additional pad requested; or

(2)    Properties of greater than ten (10) acres in area shall provide an additional fifty thousand (50,000) square feet of GFA or portion thereof for each additional pad requested.

(3)    All convenience uses shall comply with Section 25.1.B.6.

((O)16-16, Amended, 12/7/2016)

FIGURE 27.10-6: Freestanding PAD illustrations

(B)    Allowable building area is 0.25 FAR for sites with an area of two (2) acres or larger; reduced by fifty percent (50%) (0.125 FAR) for sites or existing freestanding pads of lesser area. FAR may be increased, to a total not exceeding 0.3 FAR, by the following site plan features:

(1)    An additional 0.01 FAR shall be permitted for each ten percent (10%) (or fraction thereof) over eighty percent (80%) of total building volume in the rear half of the site; a 0.03 FAR increment shall be permitted for placing the total building bulk in the rear half of the site.

(2)    Principal buildings which are oriented perpendicular to Oracle Road, observing a ratio of one to three (1:3) or greater of proportionate facade parallel to Oracle Road, shall be permitted an additional 0.01 FAR.

(3)    Double-fronted principal structures, with landscaped, architecturally designed entrances on two (2) opposing sides, shall be permitted an additional 0.01 FAR.

iv)    Landscaping Treatments. Approved landscaping is to be installed and maintained prior to the issuance of a certificate of occupancy, subject to the following:

(A)    Freestanding building pads require approved landscape plans consistent with areas maintained as natural open space.

(B)    All areas other than those covered by buildings or paving for required parking and maneuvering are to be landscaped or maintained in their undisturbed natural desert condition.

v)    View Corridors. The applicant shall be responsible for identifying view corridors as provided in subsection D.3.f.iv of this section. Flexibility from the view corridor requirements defined below shall be determined by express approval of the Planning and Zoning Commission.

(A)    The following requirements are applied to the east and west sides of Oracle Road as follows:

(1)    West Side

No building heights over eighteen (18) feet or structures, including walls, signs, or mechanical equipment over four (4) feet in height, within a minimum of sixty percent (60%) of the frontage to a depth of three hundred (300) feet is maintained as a view corridor.

(2)    East Side

(a)    A minimum of sixty percent (60%) of the frontage to a depth of three hundred (300) feet is maintained as a view corridor (Figure 27.10-7) and is not used for building purposes. Total building exposures or frontages will be measured to calculate the view corridor open area percentage.

(b)    Properties with an average depth of four hundred (400) feet or less, or containing less than two (2) acres in size, building heights in excess of twenty-five (25) feet (as permitted by underlying zoning) shall be limited to forty percent (40%) of the frontage. The remaining buildable area heights shall be limited to twenty-five (25) feet.

FIGURE 27.10-7: View Corridor Illustration

(c)    Landscaping, walls, or other improvements installed by the developer within or adjacent to view corridors require express Planning and Zoning Commission approval.

(d)    No signage, wall, or other structure may be placed so as to obstruct defined view corridors, except as provided for above.

(e)    No structure or appurtenance may project above ridgelines; all development must blend with the background slope as established in the applicable Scenic Resource Area design guidelines.

(D)    Employment/Institutional Regulations

Campus developments on larger sites are especially desirable for preserving view corridors, adding variety to the specific plan area and creating activity balance with in-community destination sites. Special attention is required to maintain the corridor’s structural scale and efficient traffic management. Zoning district requirements apply, except as hereinafter provided, for properties classified under Sections 23.8.E, Private Schools (PS), and 23.8.F, Technological Park (T-P) Districts and located within the Oracle Road Scenic Corridor District.

(i)    Access to Oracle Road. Campus uses require a minimum frontage of six hundred sixty (660) feet on Oracle Road or other arterial streets, with roadway access located so as to be at least three hundred (300) feet from an established entry point to an adjacent property or street:

(A)    Multiple entries may be required if traffic projections for the proposed use so warrant.

(B)    Signalization, at appropriate spacing, is permitted only if warranted according to Arizona Department of Transportation criteria.

(ii)    Required Setbacks. A setback of not less than one hundred fifty (150) feet from the Oracle Road right-of-way is to be provided, the front one hundred (100) feet of which shall be landscaped or natural open space.

Natural open space or landscaped buffers (which may include natural washes) of not less than one hundred (100) feet in width are required as side or rear setbacks to any adjacent residential district.

(iii)    Density/Bulk. Development intensity for institutional or employment campus uses is limited to a maximum of 0.3 FAR and may be further limited by the Town Council.

(iv)    Landscaping Treatments. Not less than twenty-five percent (25%) of the gross site area is to be devoted to common landscaped or natural open space recreation area.

(v)    View Corridors. The applicant shall be responsible for identifying view corridors as provided in subsection D.3.f.iv of this section.

(A)    Along the west side of Oracle Road, buildings over eighteen (18) feet or other structures, including walls, signs or mechanical equipment over four (4) feet in height, may not be placed within one hundred fifty (150) feet of any identified view corridor without express Planning and Zoning Commission approval.

(B)    Along the east side of Oracle Road, a minimum of sixty percent (60%) of the frontage to a depth of three hundred (300) feet along the east side of Oracle Road is maintained as a view corridor and is not used for building purposes. Building exposures will be measured to calculate the view corridor percentage. For properties along the east side of Oracle Road, with an average depth of four hundred (400) feet or less, or containing less than two (2) acres in size, building heights in excess of twenty-five (25) feet (as permitted by underlying zoning) shall be limited to forty percent (40%) of the frontage. The remaining buildable area heights shall be limited to twenty-five (25) feet.

E)    Commercial Retail Intensity

An increase to the intensity of commercial retail use of a specific parcel shall require a conditional use permit in accordance with Section 22.5.

b)    Tangerine Corridor Overlay District

1)    Tangerine Corridor District Regulations

The provisions herein are adopted as supplements to the applicable zoning requirements of the underlying zoning district classifications. Regulatory provisions, including standards and measurements, are mandatory.

2)    Tangerine Corridor District

The Tangerine Corridor District is an overlay district to provide implementation directions for the Tangerine Road Corridor Specific Plan, which has been duly adopted as a refinement of the Town of Oro Valley General Plan. The purpose of these regulations and guidelines is to preserve the value of lands possessing the unique Upper Sonoran Desert character found within the Tangerine Road Corridor, as well as to protect the health, safety, and welfare of the public by encouraging reasonable use and enjoyment of private property. It is the further premise of this section that attention to the corridor’s environmental quality is necessary to maintain a natural coexistence with the desert that enhances the value of all lands with it.

A)    Overlay District

The District shall include lands located between Naranja Road and Moore Road, or their alignments, within the corporate limits of the Town of Oro Valley (the “corridor”); and shall be applied to all properties lying within the corridor at the time of adoption of this ordinance codified in this section; and to such lands within the corridor which may, from time to time, be annexed into the Town.

i)    Applicability. Overlay district regulations, as stated herein, apply to all property within one-quarter (1/4) mile of the Tangerine Road centerline (the “target area,” as defined in the Tangerine Road Corridor Specific Plan). Overlay district guidelines pertain to all uses in the corridor. Construction, addition to or remodeling of individual residences within the target area shall require only observance of frontage tract and setback requirements and of nonaccess provisions.

FIGURE 27.10-8: Target Area Illustration

ii)    Exceptions. Site plans, preliminary plats, or final plats approved prior to the adoption of the ordinance codified in this section and still in effect, and individual residences on single lots, are exempt from the requirements of this section.

(A)    The adopted Rancho Vistoso PAD, having addressed, met or exceeded certain requirements of this Overlay District, is exempt from the following requirements of this section: subsection D.3.f.vi.b.4.A.i of this section; and subsections D.3.f.vi.b.5.A.ii, A.v, B.iii, and B.vii.C.3 of this section, except that the allowances of subsection D.3.f.vi.b.5.B.iii.B of this section shall be applicable.

(B)    The adopted Rancho Vistoso PAD design guidelines shall prevail, where they conflict with the guidelines in subsection D.3.f.vi.c of this section. However, large expanses of glass or other materials of high reflectivity should not be used. In addition, residential developments, which may be impacted by noise from Tangerine Road, should include the noise mitigation provisions of subsection D.3.f.vi.c of this section.

B)    Conformance to General Plan

The Overlay District is intended as a refinement to the Oro Valley General Plan, in the form of a regulatory specific plan with additional design guidelines. All development hereunder is required to be consistent with the General Plan. It is, however, expressly intended that residential densities or intensities of development may be averaged or clustered, with Town approval on any property where such siting has the effect of further separating development from Tangerine Road or from sensitive natural or cultural resources.

Any conflicts arising as a result of amendments to the General Plan, Tangerine Road Corridor specific plan, or the text provisions of applicable, underlying zoning districts shall be resolved in favor of the General Plan, unless interpreted otherwise in this section.

C)    Conformance to Specific Plan

Evaluations of site plans by the Planning and Zoning Commission should result in findings and/or recommendations that are consistent with the Tangerine Road Corridor Specific Plan.

3)    Application Requirements

Any application for land improvement within the Tangerine Road Corridor Overlay District target area, or where specifically required elsewhere in the corridor, shall be submitted for development review; and, in the case of nonresidential site plans, planned area development, subdivision plats or other site plans, shall be submitted in a form and in such numbers as required by the official responsible for accepting the application.

Special Consideration

The application shall be accompanied by a statement with justification, describing any requested waiver, such as exemption from visual analysis or increased building height; or adjustment to otherwise applicable criteria, such as master planned developments flexibility.

4)    Tangerine/Arterial Frontage Tracts

As a means to assure safety through unimpeded traffic visibility with minimal distraction, separation of travel modes, adequate stormwater drainage and other recommended traffic engineering improvements, tract reservations in the nature of nonbuildable, nonaccess easements are required adjacent to all property lines abutting Tangerine Road or other arterial roadway rights-of-way in the corridor Target Area. The intent is to severely restrict direct access onto Tangerine Road or intersecting arterial (within a specified distance from Tangerine); encouraging, instead, well-separated side arterial access and internal loop circulation. These tracts serve the further purposes of providing additional buffering from transportation facilities, preserving vegetation essential to the corridor’s character and enhancing the value of private property.

All developments shall be responsible for reserving and maintaining tracts, as specified herein, adjacent to the property lines abutting Tangerine Road and arterial roadway frontage within a distance of six hundred sixty (660) feet from the Tangerine Road right-of-way, unless otherwise specified.

A)    Nondevelopment or Conservation Easements

The widths of tracts to be provided are as follows:

i)    Tangerine Road

A tract of not less than twenty-five (25) feet in width for commercial developments located at arterial intersections and fifty (50) feet in width for all other developments shall be designated on all properties abutting Tangerine Road, measured from the right-of-way. Crossing of the tract with roads, public or private, and driveways (except for emergency vehicle access where required) is prohibited without the approval of ADOT and the Town. No direct access crossing shall be less than three hundred thirty (330) feet from an arterial intersection or less than one thousand (1,000) feet from another vehicular tract crossing, unless otherwise approved by the Town Engineer due to significant traffic safety concerns supported by recognized traffic safety engineering standards.

FIGURE 27.10-9: 50 Foot Tract along Tangerine Road R-O-W

ii)    Arterial Roads

A tract not less than fifty (50) feet in width beginning at the point of intersection with the corresponding Tangerine Road tract and tapering to a width of not less than ten (10) feet at a point six hundred sixty (660) feet from the Tangerine Road centerline shall be designated on all properties abutting arterials in the target area, measured from the arterial right-of-way. Under special circumstances, such as restricted parcel dimensions, improved structural massing or uneven topography, ADOT and the Town may approve reduction of the tract to not less than three hundred thirty (330) feet in length and twenty-five (25) feet in width at the Tangerine tract. Crossings of arterial tracts are prohibited.

FIGURE 27.10-10: Tangerine Road Crossings

iii)    Signage Permitted

Signs are permitted within the tract in accordance with Chapter 28, Signs.

iv)    Pathway Linkages

Locations for trails or paths may be approved for placement within the reserved area.

B)    Berms

Where existing vegetation is minimal or has been disturbed, earthen berms, or portions of earthen berms, may be placed in frontage tracts for purposes of traffic noise attenuation or screening requirements.

Berms must be designed in a manner to ensure compliance with water harvesting requirements in Section 27.6.

C)    Drainage Facilities

Natural materials, such as river rock and vegetative groundcover, shall be required for lining drainage structures placed on reserved tract areas unless other materials are approved by the Planning and Zoning Administrator and the Town Engineer. All such drainage structures shall be designed and installed to accommodate ultimate roadway design plans.

D)    Utility Easements

Provisions for utilities may be included in separate easements within the frontage tract upon approval of the Town. Utility providers shall be required to keep disturbance of natural vegetation to a minimum during the installation or maintenance of their facilities and to restore vegetation in a manner consistent with requirements for adjacent property owners. Future aboveground power lines carrying 46 kV or less are subject to conditional use permit (CUP) approval and the criteria specified in Section 22.5. A CUP may be conditioned to require undergrounding of power lines with a specified time frame or concurrent with specific projects. Site plans for properties abutting arterial intersections shall provide conduit for future intersection lighting requirements.

5)    Tangerine Road Corridor Overlay District Use Provisions

General types of land use as anticipated for the corridor in the Oro Valley General Plan (residential, commercial, employment/institutional) are provided additional distinctions for their applicability in conjunction with underlying zoning district use regulations. Resort or other nonresidential uses not covered by these provisions may be considered in accord with commercial regulations. The Overlay District, in requiring the reservation of frontage tracts, subsection D.3.f.vi.b.4.A of this section, carries further expectation that existing vegetation shall be preserved or otherwise be revegetated with specimens from the disturbed areas on the subject site to maintain native plant material along all Tangerine Road property lines. Pathway linkages are to be provided within each development and connecting with pathways, trails or bike lanes paralleling or otherwise linking to Tangerine Road.

A)    Residential Development Regulations

Construction in any residential zoning classification shall comply with the following provisions in addition to the applicable regulations of the underlying zoning district:

i)    Roadway Access

Direct access to Tangerine Road or to an intersecting arterial roadway within six hundred (600) feet of the Tangerine right-of-way is prohibited for any future development without the express approvals of the Town and ADOT (see subsections D.3.f.vi.b.4.A.i and ii of this section). The intent is to eliminate curb cuts from Tangerine Road’s parkway improvements, affording access only from streets intersecting with Tangerine or approved circulation roadways and/or frontage roads provided with acceleration/deceleration lanes accessing the major roadway.

ii)    Required Setbacks

Setback requirements of the applicable, underlying zoning district shall be provided in addition to the reserved easement tract. Undulating setback distances may be approved in planned developments to provide variety and visual interest.

FIGURE 27.10-11: Tangerine Road Easements and Structure Heights

iii)    Density

Coverage, density, and open space requirements of the underlying zoning district shall apply to individual lots or dwelling clusters.

(A)    Lots including frontage tracts are entitled to include the tract area in meeting these requirements.

(B)    Planned residential developments may compute perimeter tracts for open space and dwelling unit density yield.

(C)    Minimum lot areas of the applicable residential zoning district may be reduced by as much as twenty percent (20%) for lots clustered in the interior of the development to take advantage of frontage tract area reservations. Further reductions may be permitted with provision of environmentally sensitive open space (ESOS) as provided in subsection F.2 of this section.

(D)    No lot of reduced area, however, may be sited adjacent to a residence existing at the time of platting.

iv)    Perimeter Screening Walls and Berms

Screening is required for traffic noise attenuation and residential privacy. Residential developments abutting Tangerine Road shall provide a solid, masonry wall five (5) feet or greater in height, which structure may be constructed to a height of eight (8) feet with engineering approval. Walls shall not be constructed within nondevelopment or conservation easements. Earthen berms may be substituted for, or alternated with, walls to a height not less than five (5) feet from natural grade. Berms must be designed in a manner to ensure compliance with water harvesting requirements in Section 27.6.D.

v)    Building Height

Structures within one hundred (100) feet of, and visible from, the Tangerine Road right-of-way shall not exceed eighteen (18) feet in height; except, where the natural grade of the structure’s site is below that of Tangerine Road’s proposed profile grade, the structure may be built to the lesser of eighteen (18) feet above the proposed roadway grade or the maximum height of the applicable zoning district.

B)    Commercial Development Regulations

The sensitive natural character of the Tangerine Road Corridor, coupled with the community’s desire for economic development on specified, master planned and strategically located sites, requires additional assurances with regard to the design and placement of commercial uses. Construction in any commercial zoning classification shall comply with the following provisions in addition to the applicable regulations of the underlying zoning district:

i)    Roadway Access

Access provisions of subsection D.3.f.vi.b.5.A.i and D.3.f.vi.b.5.A.ii of this section shall apply. Internal loop circulation roadways, with access/egress points observing the desired spacing and providing additional turning lanes, shall be provided.

ii)    Required Setbacks

Setback requirements of the applicable underlying zoning classification are applied, except that the front setback from Tangerine Road, including the reserved tract, shall be not less than a four to one (4:1) setback to building height ratio.

iii)    Building Height

Structures within one hundred (100) feet of, and visible from, the Tangerine Road right-of-way shall not exceed twenty (20) feet in height.

(A)    Except, however, where the natural grade of the structure’s site is below that of Tangerine Road’s proposed profile grade, the structure may be built to the lesser of twenty (20) feet above the proposed roadway grade or the maximum allowable height of the applicable zoning district.

(B)    Architectural features, such as decorative bell or clock towers, campaniles, carillons and spires, of a size proportional to the building they embellish shall be exempted from the four to one (4:1) setback ratio and this height restriction to the maximum allowable height of the applicable zoning district upon compliance with the view preservation plan requirements of subsection D.3.f.iv of this section.

iv)    Building Bulk

The following structural volumes may be built within the development envelopes established by required setbacks: 0.3 FAR for sites with an area of two (2) acres or larger; reduced by fifty percent (50%) (0.15 FAR) for parcels or freestanding pads of lesser area.

v)    Land Use Distinctions

Uses permitted in the underlying zoning districts, as determined by the Planning and Zoning Administrator, shall be permitted except that the following may be sited only within master planned commercial developments (such as the Rancho Vistoso PAD or Forest City sites, as indicated on the future site plan, or future commercial PADs) on parcels two hundred (200) feet or more from the development’s nearest entry point:

(A)    Building or home improvement supplies;

(B)    Plant nurseries;

(C)    Indoor theaters.

vi)    View Preservation

All properties required to submit a visual analysis will develop in accord with the View Preservation Plan as provided in that analysis.

vii)    Site Planning

Additional site plan review criteria applicable to Tangerine Corridor commercial properties include:

(A)    Interior calculation shall include maneuvering aisles, access for deliveries and trash pick-up and pedestrian connections. Sites of twenty (20) acres or greater shall have entry road designs that prohibit cross traffic within two hundred (200) feet of the entry point.

(B)    The proposed location of all trash receptacles, heating, ventilating, and air conditioning equipment, loading and parking areas shall be screened from public view.

(C)    Employment and Institutional Regulations

Sites for campus-type developments are established within the Tangerine Corridor’s natural context to create unique, unobtrusive opportunities for employment and institutional activity centers. Construction shall comply with the following provisions in addition to the applicable regulations of the underlying zoning district.

(1)    Roadway Access

Access provisions of subsection D.3.f.vi.b.5.A.i and D.3.f.vi.b.5.A.ii of this section apply; however, multiple access points from Tangerine Road may be appropriate for institutional developments exceeding twenty (20) acres in area, which experience high peak hour traffic demand. Construction of a public roadway perpendicular to Tangerine, separated by not less than one-quarter (1/4) mile from any arterial intersecting Tangerine, may be approved for the purpose of providing multiple entries to the campus. Secondary, alternative access to an intersecting arterial is also desirable.

(2)    Required Setbacks

The commercial development regulations, subsection D.3.f.vi.b.5.B.ii of this section, shall also apply.

(3)    Building Height

The commercial development regulations, subsection D.3.f.vi.b.5.B.iii of this section, shall apply.

(4)    Building Bulk

The following structural volumes may be built within the development envelopes established by required setbacks:

(a)    The overall campus building area shall not exceed the FAR for the appropriate zoning district.

(b)    Buildings within the campus core (an area representing one-quarter (1/4) or less of the total site area surrounded by an equidistant peripheral band with lesser or no structural development; see Figure 27.10-12) shall not exceed 0.8 FAR.

(c)    Building area within peripheral area shall not exceed 0.4 FAR or the FAR for the appropriate zoning district, whichever is less.

FIGURE 27.10-12: Allowable FAR using Campus Core

(5)    Land Use Distinctions

Uses permitted in the underlying zoning districts as determined by the Planning and Zoning Administrator shall be permitted except that the following may be sited only within master planned institutional or employment developments at a distance of two hundred (200) feet or more from the development’s nearest entry point:

(a)    Office buildings exceeding two (2) stories or thirty (30) feet in height.

(b)    Research, fabricating or manufacturing structures exceeding one (1) story or twenty-four (24) feet in height.

(c)    Hospitals/senior care facilities exceeding two (2) stories or thirty (30) feet in height.

(d)    Warehouse structures.

(6)    View Preservation

The commercial development regulations, subsection D.3.f.vi.b.5.B.vi of this section, shall apply.

(7)    Site Planning

The commercial development regulations, subsection D.3.f.vi.b.5.B.vii of this section, shall apply.

(D)    Master Planned Developments Flexibility

Master planned developments are encouraged. The Town may accept alternative means for compliance with this section and design guidelines criteria on master planned sites of fifteen (15) acres or more, which include, among other things, clustering of residential uses (if included in the plan) away from Tangerine Road, comprehensive interior circulation plans, a mixture of land use types (see subsection D.3.f.vi.b.5.B.vii.D.4 of this section) and pedestrian access amenities among uses.

(1)    Applicability

Requests for waivers of otherwise applicable provisions and/or requirements of this Overlay District may be submitted in conjunction with applications filed under Town development procedures.

(2)    Subject Matter

Any provision of this Overlay District, other than express prohibitions, may be altered in its application to an individual site upon persuasive presentation, documentation, and stipulation of alternative means for meeting or exceeding the intent of this section.

(3)    Frontage Tracts

Use of reserved easements contained on the subject property which is consistent with Tangerine Road Corridor purposes (such as pathways, trails, view points, nature walks or other recreation) may be provided. The overriding interest of preserving native vegetation shall, in all instances, be observed.

(4)    Mixtures of Use Types

Complementary land uses within planned developments that are principally intended to benefit its residents, customers or employees (such as commercial recreation, banking, retail and service establishments) may be proposed. Such uses shall be located internal to the development, buffered appropriately to be compatible with the predominant type of use.

(a)    Density/Intensity. Acceptable, additional uses, not to exceed ten percent (10%) of the total site area, shall not alter the overall yield of dwelling units or FAR of the proposed development; however, if such uses are found to contribute positive amenities for site quality, areas devoted to such uses shall not be subtracted from the gross site area for the purpose of dwelling density or FAR calculations.

(b)    Compatibility Assurance. Landscaping buffer yards or walls shall be employed to separate mixed uses from areas devoted to the predominant use. Vehicular traffic shall be minimized with a preference for pedestrian access to mixed uses.

(c)    Shared Facilities. Parking for mixed uses with differing peak activity times, open space, and project amenities may be proposed in locations suitable for meeting the requirements of this section and the needs of site residents, guests, customers, and/or employees.

c)    Design Guidelines

1)    Scenic resource area design guidelines are included in Addendum H. Guidelines are directions for achieving Town of Oro Valley expectations; they may be applied flexibly to achieve desired effects as a regulatory supplement to the development requirements set forth in subsections D.3.f.v and D.3.f.vi of this section. They are also in addition to the design guidelines included in Addendum A. The full intent of the design guidelines criteria should be met, as determined by the Planning and Zoning Commission.

2)    The review of a development proposal’s responsiveness to design guidelines is mandatory for all properties or portions of properties located in all three (3) tiers of the scenic resources category. Alternative means for complying with the guidelines’ intent may be accepted by the Town.

3)    Applicants or designers of these uses are expected to document proposals for construction with plans, graphics, elevations, and narrative descriptions that demonstrate responsiveness to these design guidelines.

g. Hillside Area Category

i.    Purpose

The Hillside Area category is intended to protect public safety, conserve visually significant sloped areas, evaluate slopes and potential impacts, and ensure development compatibility with the distinct hillside topography that is vital to the visual and scenic character of the Town.

ii.    Applicability

The Hillside Area requirements apply to:

a)    Sloped areas of fifteen percent (15%) and greater where the sloped area is greater than one hundred fifty (150) feet in length and no less than fifty (50) feet wide and greater than seven and one-half (7 1/2) feet vertically.

b)    Sloped areas of fifteen percent (15%) and greater contiguous to any area defined in subsection D.3.g.ii.a of this section.

FIGURE 27.10-13: Hillside Area Applicability

c)    Ridges, as defined in Chapter 31, with an elevation change of twenty-five (25) feet or more.

d)    Areas of less than fifteen percent (15%) slope are not restricted by these Hillside Area requirements.

e)    Rock outcrops and boulders, as defined in subsections D.3.b.iii.b and D.3.d.iii.e of this section, are excluded from this section.

f)    If a lot or parcel existing as of the date of adoption of the ordinance codified in this section does not meet the minimum size requirements of Table 27.10-4, disturbance limitations based on percent of slope from Table 27.10-4 still apply.

iii.    Sloped Area Analysis

a)    When land division, subdividing, site plan or other development approval is requested, a sloped area analysis shall be prepared and all areas of fifteen percent (15%) slope or greater shall be identified and delineated on the plans.

b)    The sloped area analysis must be prepared by a State of Arizona licensed and registered engineer and shall identify and map all percent slope categories specified in Table 27.10-4.

c)    Digital topographic information, with a one (1) foot contour interval, shall be used to prepare the sloped area analysis. Alternative information or methodologies may be approved by the Town Engineer.

iv.    Conservation

Hillside areas shall be conserved in the following manner:

a)    Sloped areas from fifteen percent (15%) to less than twenty-five percent (25%) may be developed in a limited manner in accordance with the requirements of this section, subsection B of this section and the zoning code.

b)    In accordance with the Critical Resource Category, ninety-five percent (95%) of sloped areas of twenty-five percent (25%) and greater are to be conserved as ESOS. For residential parcels of thirty-six (36) acres or larger comprised completely of twenty-five percent (25%) and greater slopes, ninety-six percent (96%) of sloped areas thirty-three percent (33%) and greater are to be conserved as ESOS. Exceptions may be approved in accordance with subsection F.2 of this section, Development Balance and Incentives.

v.    General Requirements

a)    A development envelope shall be delineated, in accordance with subsection F.3 of this section, on the subdivision plat, development and site plan when sloped areas of fifteen percent (15%) or greater are present on the plat, development or site plan.

b)    For all subdivision plats, development envelopes for roadways, each lot and other disturbed areas shall be delineated. The development envelope shall be treated in accordance with subsection F.3 of this section.

c)    When lots or site plans include sloped areas over fifteen percent (15%), the extent of grading or other ground disturbance of fifteen percent (15%) and greater sloped areas is limited in accordance with Table 27.10-4. The limits of Table 27.10-4 do not apply to sloped areas of less than fifteen percent (15%).

d)    Subsection F.2 of this section, Development Balance and Incentives, may be applied to provide flexibility in designing lots that do not include areas of fifteen percent (15%) and greater slope.

TABLE 27.10-4: Slope Density and Disturbance Limits

Percent Slope

Minimum Lot Size (acres)

Maximum % of Sloped Area Disturbance

Maximum Building Height (ft) within Sloped Area

15 < 18

1.00

40.0

Per Base Zoning

18 < 20

1.5

30.0

18

20 < 25

2.00

20.0

18

25 < 33

8.00

5.0

18

33.0 and Greater

36.00

4.0

18

* Or as permitted by base zoning, whichever lot size is larger.

e)    If proposed lots include multiple slope categories:

1)    The extent of each slope category on the lot shall be delineated;

2)    Lot size is determined by the slope category comprising the largest percent of the proposed lot; and

3)    Sloped area disturbance limits in Table 27.10-4 apply to each slope category on the lot.

f)    Calculations shall be provided indicating the percent of disturbance, if any, to each slope category described in Table 27.10-4.

g)    Flexible Disturbance

1)    Applicability

Flexible design options may be applied to property or portions of property with slopes of fifteen percent (15%) and greater, but less than twenty percent (20%), and ridge features when:

A)    Visually significant slopes and ridges are ninety-five percent (95%) conserved.

B)    The cumulative size of designated hillside view conservation areas is five (5) acres or greater.

C)    There are no demonstrable adverse impacts to other ESOS areas on site or to a riparian area downstream.

2)    Modified Requirements

Modified requirements can only be applied to areas that are not visible from existing public roadways, parks, and all trails identified in the Oro Valley Trails Master Plan.

When the conditions specified in subsection D.3.g.v.g.1 of this section are met, the slope density requirements and disturbance limitations of Table 27.10-4 are modified in conjunction with the rezoning, subdivision plat or site plan review process. Allowable modifications include:

A)    Sloped areas of fifteen percent (15%) and less than twenty percent (20%). Areas within these slope categories are exempt from the density and disturbance limitations of Table 27.10-4.

B)    Cut and Fill Limits. The maximum cut or fill restrictions in Section 27.9 may be increased and shall not exceed twelve (12) feet measured vertically from existing grade to finished grade elevation.

h)    In determining the areas to be developed, maximum disturbance limits and specific design criteria must be considered. Table 27.10-4 indicates the maximum amount of grading and disturbance to sloped areas. Prioritized criteria for site planning and the delineation of hillside ESOS and/or hillside conservation areas are included below.

1)    Subdivision design shall meet the following:

A)    Contiguous location of hillside open space to established open space areas or other ESL features;

B)    Minimized disturbance of ESL features as prioritized in subsection E.4.d of this section;

C)    Conservation of the largest sloped areas of fifteen percent (15%) and greater on the site; and

D)    Consolidation of hillside and other open space areas.

2)    Development envelope design on individual lots shall meet the criteria as listed above; however, replacing criteria in subsection D.3.g.v.h.1.C of this section with:

Exclude the areas of highest percent slope from the development envelope.

3)    Designation, Ownership and Maintenance of Hillside Areas

A)    After delineation of permissible development areas, all remaining areas of twenty-five percent (25%) and greater slope shall be designated as ESOS tract(s) in accordance with the provisions of subsection E of this section, Open Space Requirements. Areas of twenty-five percent (25%) slope that do not meet the minimum requirements for ESOS shall be designated as Hillside conservation area.

B)    Areas of fifteen percent (15%) and greater slope to be conserved may be designated as ESOS in accordance with subsection E of this section. Areas of fifteen percent (15%) and greater slope not designated as ESOS or that do not meet the minimum requirements for ESOS shall be designated as hillside conservation area. Hillside conservation areas may be allocated to common areas or designated on individual lots.

C)    Ownership and maintenance of hillside open space areas shall be assigned as follows:

i)    Hillside ESOS tracts shall be dedicated to the HOA and hillside conservation areas shall be dedicated to the HOA or designated as a conservation easement on individual lots.

ii)    Alternative ownership arrangements that provide an equivalent degree of conservation may be approved by the Town Council.

D)    Open space identified during individual residential lot development or open space not meeting the minimum requirements for ESOS must be designated as hillside conservation area.

vi.    Hillside Area Design

a)    Development must be in compliance with subsection F.3 of this section, Design. Flexible development or conservation design options may be applied in accordance with the provisions and limitations in subsection F.2 of this section.

b)    Building Height

1)    Building heights are limited in accordance with the applicable zoning district, except in ridge areas as described in subsection D.3.g.vi.c of this section.

2)    For buildings located in slope areas of fifteen percent (15%) and greater, building height shall be measured in the following manner:

A)    Where building pad elevation is the same or higher than predevelopment grade due to engineered fill, the building height contour line method shall be used (as defined and illustrated in Chapter 31). Small areas of rugged terrain shall not increase or reduce building height. Small areas are those features with a maximum width of twenty-five (25) feet.

B)    Where building pad elevation is lower than predevelopment grade due to cut conditions, building height is measured from finished grade.

3)    Additional building height of thirteen (13) feet may be approved in accordance with subsection F.2.c of this section, Flexible Development, but cannot be approved in scenic resource areas or protrude above adjacent ridges as viewed from public streets and abutting residential property. Adjacent ridges include ridge features on site or within one hundred fifty (150) feet of the proposed building.

c)    Building rooflines shall not protrude above the existing height of a ridge, unless approved by the Town Council in accordance with the criteria below.

1)    Structures are single story, and no more than eighteen (18) feet, including parapets, above the building height contour line.

2)    Minimum forty (40) foot separation is maintained between residences.

3)    Roof design is limited to a slope of no greater than one-half (1/2) inch rise per twelve (12) inch horizontal run.

4)    Approved plant materials are installed along exterior walls of fifteen (15) feet or more in length.

d)    Cut and fill slopes shall be shielded by structures to be invisible from adjacent properties or public roadways, or shall be colored or otherwise treated as approved by the Town Engineer in a manner to blend with surrounding native soils and rocks.

e)    All structures and appurtenances thereto such as antennas and satellite dishes shall be earth tone and shall comply with subsection F.3 of this section, structures.

f)    Outdoor storage shall be located within an entirely opaque barrier designed to match the materials, color, and finish of the primary structure. Storage or stored materials may not be visible from private or public streets or adjacent residential areas.

g)    Roof-mounted equipment is prohibited unless shielded from all neighboring properties. Screening devices may not exceed permitted building heights as measured in hillside areas.

((O)17-05, Amended, 6/7/17; (O)15-16, Amended, 11/18/15; (O)14-15, Amended, 11/19/14; (O)11-01, Added, 2/16/11)

E. Open Space Requirements

1. Open Space ESOS Designation

Open space associated with the ESL conservation system is designated as environmentally sensitive open space (ESOS), except for the following resource categories:

a.    Hillside resource area.

b.    Scenic resource areas.

2. ESOS Tracts

ESOS shall be permanently protected by one (1) of the following methods:

a.    Open space tract, or

b.    Dedication to the public including the Town, Pima County or Land Conservation Trust as approved by the Planning and Zoning Administrator, or

c.    A separate tract owned by a homeowners’ association.

3. General Requirements

a.    Required ESOS must be configured in accordance with this section to conserve minimum percentages of identified resource categories as specified in Table 27.10-2.

b.    Development can only occur in the nonopen space areas of the site. Required open space areas must be designated as ESOS in one (1) of the approved forms described in subsection E.2 of this section.

FIGURE 27.10-14: Areas Designated as ESOS

c.    The quantity of open space created by recreation area, buffer yard, and other zoning-based open space requirements may be credited to resource management area ESOS only when:

i.    Minimum ESOS dimensions are maintained as specified in subsection E.4.e of this section.

ii.    Open space abuts ESOS and/or creates functional habitat connectivity.

iii.    Compliance with subsection F.1 of this section, ESOS Use, is achieved.

d.    ESOS areas shall be assigned for dedication, conservation, and maintenance as follows:

i.    ESOS areas of National, State, regional, or community-wide importance will be the responsibility of a public entity, land trust, or land conservation organization that is capable of satisfying the objectives specified herein. This level of dedication shall include ESOS areas with the following characteristics:

a)    Adjacent to Federal, State or County parks, preserves or other permanent open space.

b)    Regionally significant drainage.

c)    Significant cultural resource when preservation in place is specified in an approved treatment plan, subsection D.3.e of this section.

d)    Inclusion of identified major wildlife linkage areas.

ii.    All other ESOS areas that contribute resource value primarily to adjacent neighborhoods and do not meet the criteria above shall be the responsibility of an HOA.

iii.    Alternative ownership arrangements that provide an equivalent degree of conservation may be approved by the Town Council.

e.    Permanent open space easements and/or deed restrictions must be provided for all ESOS tracts, unless dedicated to the public, prior to certifying that all conditions of rezoning, site plan or plat have been satisfied. Said easements or deed restrictions will be included on documents upon official recordation.

f.    The open space easement or deed restriction must include the following:

i.    Compliance with use and access provisions provided in subsection F.1 of this section.

ii.    Provisions to fund maintenance in perpetuity that may include:

a)    Use of future homeowners’ association dues, or

b)    Agreement for the Town to provide open space maintenance, or

c)    Assurance from a third party caretaker such as a land trust, or

d)    Other methods to assure maintenance as approved by the Planning and Zoning Administrator.

g.    Maintenance

i.    Maintenance, when necessary, is required for established ESOS areas. Provisions for ESOS maintenance shall be established prior to development application approval.

ii.    Maintenance shall include ongoing trash removal, sign repair/replacement and elimination of invasive plant species.

iii.    The Town retains the authority to perform maintenance in ESOS tracts or common areas managed by an HOA or other property management association. A note will be included on the subdivision plat and/or site plan indicating the Town’s ability to enter the property and perform ESOS maintenance.

h.    Common area or tract ESOS locations and boundaries, including precise acreage, shall be shown on the subdivision plat and/or site plan.

i.    The following subdivision plat requirements apply to required ESOS areas:

i.    On residential lots one-half (1/2) acre or less, ESOS must be platted separately from designated building areas.

ii.    On residential lots greater than one-half (1/2) acre, ESOS may be included within the building lot area or platted separately from designated building areas.

iii.    ESOS must be platted separately from any developable commercial lot.

j.    In no event shall the provisions of this section require greater area of ESOS than required by subsection D.3 of this section.

4. Criteria for ESOS Selection and Location

The following criteria must be used to select and locate ESOS providing the greatest degree of conservation for the most sensitive resource categories.

a.    All resource areas identified on the ESL Planning Map enable limited encroachments as specified in Table 27.10-5.

TABLE 27.10-5: ESOS Conservation and Disturbance

Category

Maximum Percentage Disturbance Permitted

Minimum Percentage ESOS Conservation

Major Wildlife Linkage

0*

100

Critical Resource Area

5

95

Core Resource Area

20

80

Resource Management Area-1

34

66

Resource Management Area-2

75

25

Resource Management Area-3

100

0

* Permitted uses, such as trails, specified in subsection F.1.b of this section require a minimal degree of disturbance.

b.    The required percentage of ESOS is applied to total acreage of the identified resource area(s) and not a cumulative total of individual resources such as rock outcrops, boulders, and distinctive plant stands.

c.    Within the resource categories, specific locations of final conservation and permitted disturbance areas shall be identified for each individual site as part of the development review process.

d.    All mapped ESL resource areas meet required values specified in the category descriptions in subsection D.3 of this section. The following factors must be utilized to select priority areas for conservation within a resource category designation:

i.    Areas that maintain or create connectivity of open space within and beyond the site are the highest priority.

ii.    Areas that exceed resource area density, size, and frequency specifications are a high priority.

iii.    The value of different resources within a specific category will be balanced in a manner to achieve diversity of habitat.

iv.    ESOS credit for cultural resources will be addressed in concert with an approved treatment plan.

v.    Disturbance areas should be located in areas of least resource density, size, and frequency.

vi.    Areas that include healthy and viable resources are a priority.

vii.    When a site includes multiple outcrops and boulders, conservation priority will be given to outcrops and boulders displaying one (1) or more of the following characteristics:

a)    The largest rock outcrop or boulder features, including height and areas as measured vertically from the lowest adjacent natural grade or horizontally in any direction.

b)    The rock outcrop or boulder is an isolated feature, located one thousand (1,000) feet or more from public preserves, major wildlife linkages or other rock outcrop or boulder features.

c)    The rock outcrop or boulder feature provides connectivity between two (2) identified ESL areas, or is part of an identified linkage area including minor or major wildlife linkages and riparian areas.

d)    The rock outcrop or boulder exhibits fractures, cracks and/or crevices.

FIGURE 27.10-15: Multiple ESL Features and ESOS Areas

e.    Minimum ESOS Dimensions

i.    Applicability. Dimensions apply to all resources except rock outcrops, boulders, and cultural resources.

ii.    Area. The minimum contiguous area for ESOS is four thousand (4,000) square feet.

iii.    Horizontal. The minimum horizontal dimension for ESOS areas is thirty (30) feet.

iv.    Exceptions. ESOS dimensions do not apply to distinct native vegetation.

v.    Modification. The Planning and Zoning Administrator may approve modifications to the minimum ESOS dimensions set forth above, subject to the following criteria:

a)    The ESOS location criteria set forth in this subsection E.4 are met.

b)    Landscape connectivity and open space linkages are maintained.

c)    Reductions in dimensions will maintain ESOS areas that provide habitat value, are easily recognizable, and will not result in maintenance problems due to their proposed locations.

d)    Adjacent land uses, such as streets, will not negatively impact the viability of vegetation or other features of the land to be preserved.

FIGURE 27.10-16: Minimum ESOS Dimensions

f.    ESOS distribution within planned area developments (PADs).

If a master developer elects to provide ESOS in excess of the minimum requirements for a specific development site, the balance may be credited against ESOS requirements for other development sites within the Town, if approved by the Town Council. ESOS may be credited as follows:

i.    Any excess ESOS areas and the resultant credits shall be acknowledged by the property owner and shown as part of an Open Space Master Plan.

ii.    The Open Space Master Plan shall be included with the PAD application and must identify any excess ESOS by development project and allocate any excess ESOS to specific development locations elsewhere within the Open Space Master Plan.

iii.    The excess ESOS must result in additional protection for the most sensitive resources in accordance with the hierarchy established in Table 27.10-5. Reductions in ESOS due to the application of credits cannot be applied to major wildlife linkage or critical resource areas.

g.    Connectivity of ESOS areas is essential in maintaining ecosystem function. Conservation of identified areas that provide connectivity but are environmentally degraded is required.

i.    Degraded areas that provide connectivity to the natural open space system, including identified minor wildlife linkages, must be protected from further disturbance. Restoration in accordance with ESL mitigation requirements, subsection G of this section, may be approved by the Planning and Zoning Administrator.

ii.    Additional open space linkages that have not been identified on the ESL Planning Map may be recommended by the Planning and Zoning Administrator when the area:

a)    Provides a unique and necessary connection to other ESOS areas.

b)    Is not isolated from other open space areas.

c)    Serves as a habitat corridor for movement of wildlife.

d)    Newly identified linkages will be conserved in accordance with the following:

1)    Restoration areas will be applied toward total ESOS requirements of the appropriate resource category as assigned by the Planning and Zoning Administrator.

2)    A proportional area will be exempt from native plant salvage and mitigation requirements in Section 27.6.B. This does not apply to any plant listed as threatened or endangered under the Endangered Species Act or highly safeguarded by the Arizona Department of Agriculture.

FIGURE 27.10-17: Degraded/Restored Linkage

(Ord. (O)11-01, Added, 2/16/11)

F. ESOS Use and Conservation Development

1. ESOS Use
a. Applicability

Areas protected as ESOS, upon approval of a development application, are subject to use restrictions and requirements. Each must be recorded when land is reserved by tract and/or deed restriction.

b. Permitted Uses

i.    Natural open space.

ii.    Trails.

iii.    Identification, use restriction, and/or interpretive signage.

iv.    Cultural resource exhibition.

v.    Essential services as provided for in subsection F.2.f.vi of this section.

vi.    The following when in the resource management category:

a)    Golf courses as limited below:

1)    Design must be in accordance with Section 24.6.C, golf course overlay zone development, and Section 27.6, Landscape Conservation (turf limitations).

2)    Golf course best environmental management practices for irrigation, fertilizer use and pest control must be utilized.

3)    Golf cart paths must be designed to minimize disturbance and avoid distinct vegetation and other environmentally sensitive features. Paved paths may be utilized.

b)    Neighborhood-serving passive and active recreation facilities that are compatible with the conservation purposes of ESOS and do not include impermeable surfaces unless provided herein. Allowable facilities include:

1)    Soccer or ball field.

2)    Volleyball court.

3)    Horseshoe pit.

4)    Parcourse.

5)    Turf area subject to the limitations of Section 27.6.

6)    Benches.

7)    Picnic tables.

8)    Barbecue grills.

9)    Pathways.

10)    Impervious sidewalks for ADA accessibility.

11)    Open air ramadas and/or shade awnings.

12)    Garbage containers and dog stations.

13)    Other uses that have no greater impact than those specified above, subject to review and approval by the Planning and Zoning Administrator.

c. Prohibited Uses and Actions

i.    Enclosed Structures.

ii.    Parking.

iii.    Walls and fences.

iv.    Dumpsters.

v.    Motorized vehicle access except for maintenance purposes.

vi.    Recreational activities not contained within the confines of a designated area.

vii.    Off-leash domestic animals.

viii.    Establishment of nonnative species.

ix.    Removal of native vegetation with the following exceptions:

a)    Development of recreation areas.

b)    Flood control purposes as approved by the Planning and Zoning Administrator and Town Engineer.

d. Access and Use

i.    Private and Public Access

a)    ESOS in common area ownership of a homeowners’ association may be restricted to private access. This excludes trail routes designated for public use as specified in subsection F.1.d.i.b of this section.

b)    All trails identified within the Eastern Pima County Trails System Master Plan and/or the Oro Valley Trails Task Force report and their subsequent updates must enable public access.

c)    All ESOS dedicated to the public will be open to public access.

ii.    Motorized Vehicular Access

a)    Access into ESOS areas is permitted for maintenance purposes and permitted uses only.

b)    Within major wildlife linkages, access is permitted for open space maintenance purposes only. Additional access can be permitted if, supported by scientific evidence, such access will not degrade the intended function of the linkage.

iii.    Trails

Trails and associated amenities such as benches must conform to standards established by the Oro Valley Parks and Recreation Department.

iv.    Signs

a)    Permanent signs shall be posted at defined points of access into ESOS areas indicating the use restrictions contained in this section.

b)    Signs must conform to standards established by the Oro Valley Parks and Recreation Department.

2. Development Balance and Incentives
a. Purpose

Achieving or exceeding base zoning densities while implementing conservation objectives is the purpose of this section, which includes increased flexibility for site planning, lot sizes and dwelling types.

b. Applicability

i.    The following design options may be applied to property or portions of property when ESOS is applied to twenty-five percent (25%) or more of a project site, except as provided herein.

c. Flexible Development

i.    Process. Development requirements may be modified to allow flexibility as a part of the rezoning, subdivision plat, or site plan review process. The process to enable use of flexible development options is delineated by application type:

a)    As part of a rezoning application, or subsequent application, the Planning and Zoning Administrator may review and approve all flexible design options except the following which Town Council retains discretion to enable on a case-by-case basis:

1)    Subsection F.2.c.iii.a of this section, Building Setback (perimeter).

2)    Subsection F.2.c.iii.b of this section, Landscape Buffer Yards (when adjoining a residential use or a public street).

3)    Subsection F.2.c.iii.c of this section, Minimum Lot Size.

4)    Subsection F.2.c.iii.d of this section, Minimum Lot Width.

5)    Subsection F.2.c.iii.f of this section, Building Height.

6)    Subsection F.2.c.iii.g of this section, Open Space.

7)    Subsection F.2.c.iii.h of this section, Mixed Use.

8)    Subsection F.2.c.iii.i of this section, Modified Review Process.

b)    For site plan and subdivision plat proposals utilizing the ESL application incentive provided in subsection B.3 of this section, all flexible options are permitted upon Planning and Zoning Administrator review and approval, except the following:

1)    Subsection F.2.c.iii.f of this section, Building Height. Increases to building height in excess of five (5) feet must be considered by the Planning and Zoning Commission and approved by Town Council.

2)    Subsection F.2.c.iii.g of this section, Open Space.

3)    Subsection F.2.c.iii.h of this section, Mixed Use.

c)    Appeal. Administrative decisions of flexible design options may be appealed in the following manner:

1)    The approval or denial by Town staff of an application shall be final unless, within twenty (20) days from the date of staff’s decision, the applicant files an appeal in writing to the Town Council. Such appeal shall be in writing in care of the Town Clerk and shall indicate where, in the opinion of the appellant, Town staff was in error. The Town Clerk shall schedule the appeal for Town Council review and the Town Council, at its meeting, shall uphold, modify or overrule the decision of Town staff. The decision of the Town Council shall be final.

2)    The Town Council shall have the right and prerogative to initiate its own review of any decision of Town staff and shall uphold, modify or overrule said decision. Council shall have twenty (20) days to initiate a review and the applicant shall be notified.

ii.    Review Criteria. The determination to permit a modification is subject to all of the following findings:

a)    Enables development to the base zoning density, at a minimum, for the entire site.

b)    Compatibility with adjacent land uses is achieved through architectural design, buffers, and placement of structures and improvements to reduce view impacts.

c)    The modification does not conflict with an approved treatment plan for cultural resources.

d)    Statutes, development agreements, appeal processes, or other provisions of this code are not violated.

iii.    Requirements Subject to Modification

The following requirements may be modified as they relate to the proposed construction of single-family attached and detached residences, multi-family residences, commercial, employment and mixed use projects.

a)    Building Setback. Minimum setbacks may be reduced to no less than five (5) feet on lots less than or equal to twelve thousand (12,000) square feet and up to twenty percent (20%) of the required distance on lots greater than twelve thousand (12,000) square feet. Reductions are subject to the following:

1)    Side yards shall not be less than five (5) feet, unless a zero lot line design is utilized.

2)    Setback reductions shall not result in on-lot driveway lengths that are less than twenty (20) feet.

3)    Reductions do not apply to setback requirements in subsection F.2.d.ii.e.2 of this section for a conservation subdivision design.

b)    Landscape Buffer Yards. Minimum required buffer yards may be reduced to ten (10) feet with a corresponding decrease in planting ratios specified in Section 27.6, Table 27-10, except when the buffer yard is adjacent to an existing residential subdivision or public street.

c)    Minimum Lot Size. Minimum lot sizes, including associated length and width, in all R1, R-4, R-S and SDH-6 districts may be modified subject to conservation design requirements of this section.

d)    Minimum Lot Width. Minimum lot width in all R1 and SDH-6 districts may be modified.

e)    Alternative Parking Analysis. Modifications resulting in reduced amounts of parking and circulation area are supported. Off-street parking requirements may be reduced in accordance with Section 27.7.C.2.

f)    Building Height. Building heights for single-family attached and multi-family dwelling types may be increased by no more than thirteen (13) feet.

g)    Open Space. Reductions may be provided in accordance with subsection F.2.f of this section, open space requirements.

h)    Mixed Use. Residential uses that are functionally integrated, including access, nonvehicular circulation and amenities, with commercial or employment uses may be approved within commercial zoning districts.

i)    Modified Review Process. Site plans and preliminary plats submitted in substantial conformance with the approved Tentative Development Plan, as determined by the Planning and Zoning Administrator, may be administratively approved. Any proposed changes to a Tentative Development Plan must be administered as specified in Section 22.3.E.2.b., except Section 22.3.E.2.b.iv.

j)    Recreation Area Credit. Permissible passive and/or active recreational amenities located within resource management area ESOS may be credited toward residential recreation area requirements as approved by the Planning and Zoning Administrator when the locational requirements of Section 26.5, Provision of Recreational Area, are satisfied. Connectivity of open space must be maintained.

k)    Native Vegetation Preservation. When fifty percent (50%) or more of a site is preserved as ESOS, requirements for native plant salvage and mitigation (Section 27.6B) shall be waived within a development envelope. This modification cannot be applied to areas of distinct vegetation which are designated as a core resource area or native plants that are considered threatened or endangered under the Endangered Species Act or highly safeguarded by the Arizona Department of Agriculture.

d. Conservation Subdivision Design

i.    Purpose

Conservation subdivision design positions residential development on a portion of the available land in order to maximize protected open space and improve the efficiency of infrastructure systems. The provisions of this section further provide offsets to typical reductions in development yield derived from drainage and circulation improvements. Conservation options include potential increases to development density.

ii.    General Requirements

a)    Development shall be arranged in a manner to conserve identified resources.

b)    The area to be developed must be consolidated to a greater extent than permitted in Section 23.4, Table of Dimensional Requirements, and provide a concomitant increase in ESOS.

c)    Conservation subdivision design shall enable a maximum number of individual lots that adjoin open space areas. Designs that create a single grouping of residences are not intended unless specific site conditions leave no alternative. Multiple groupings of residences are typically expected in a conservation subdivision design. Examples of desired conservation design are shown in Figure 27.10-18.

FIGURE 27.10-18: Conservation Subdivision Design Examples 

Example 1

Example 2

Example 3

d)    Open space areas created by conservation subdivision design must remain viable for wildlife use and movement.

e)    Compatibility with adjacent land uses through architectural design, transition of density, buffers, and placement of structures and improvements must be achieved as follows:

1)    Architectural Design. Structures shall include architectural design features and a color palette that is compatible with an adjacent subdivision(s). Design compatibility is subject to Planning and Zoning Commission review and approval.

2)    Lot Size Transition. In perimeter areas adjacent to residential development, a transition shall be provided. Base zoning district lot sizes are required within one hundred fifty (150) feet of adjacent residential uses.

FIGURE 27.10-19: Lot Size Transition

f)    Conservation subdivision designs may employ any dwelling unit type permitted by the zoning code, except site-delivered housing as defined in Chapter 31.

1)    Alternative dwelling unit types shall employ the zoning code development requirements associated with said alternative dwelling type.

A)    If townhouse dwellings are proposed, the requirements for the R-4 zoning classification, Section 23.7.B, shall be applied.

B)    If multi-family dwellings are proposed, the requirements for the R-6 zoning classification, Section 23.7.E, shall be applied.

2)    The sum total of square feet by which the area of each lot in the subdivision is reduced shall not exceed the total square footage of the conserved area.

g)    Any proposed increase in density must be specified on the tentative development plan required for rezoning.

h)    Building heights must comply with base zoning, or building heights modified by an ESL rezoning approval.

iii.    Lot Size Reduction

a)    Conservation subdivision design without an increase in density may occur by reducing minimum lot sizes while retaining the overall base zoning dwelling count as defined in Chapter 31. All density calculations for ESL are intended to be completed using this method (See Figure 27.10-20).

b)    When ESOS is applied to twenty-five percent (25%) or more of a project site, residential lots may be reduced in size by forty percent (40%), but shall not be smaller than the minimum lot areas set forth in Table 27.10-6.

 

TABLE 27.10-6: Allowable Lot Size Reductions with 25% ESOS

District

Minimum Base Zoning Lot Area

Minimum Conservation Subdivision Lot Size

R1-144

144,000

43,560

R1-43

43,000

24,000

R1-36

36,000

21,600

R1-20

20,000

12,000

R1-10

10,000

6,000

R1-7

7,000

5,500

SDH-6

6,000

5,500

c)    When ESOS is applied to sixty-six percent (66%) or more of a project site, residential lot size may be reduced to a minimum of three thousand (3,000) square feet.

e. Conservation Development with Density Increase

i.    When conservation development designs are utilized and minimum open space requirements of this section are met, a density increase of ten percent (10%) above the base zoning density is permitted for residential and nonresidential development.

ii.    A density incentive up to twenty percent (20%) of the residential base zoning density or commercial intensity is permitted if ESOS requirements are exceeded by ten percent (10%) or more.

iii.    This density bonus provision may be applied when utilizing the flexibility and modifications permitted in this section.

iv.    The increase in residential density is calculated by dividing the area of additional ESOS by the minimum lot area of the base zoning district. Maximum density increases for development are listed in Table 27.10-7. The increase in nonresidential intensity is two percent (2%) additional FAR for each additional one percent (1%) of open space, not to exceed the maximum listed in Table 27.10-7.

FIGURE 27.10-20:

Formula to Calculate Base Zoning Dwelling Count and Density Bonus 

Step One:

 

Base Zoning Dwelling Count =

Gross Land Area ÷ Minimum Lot Area of Base Zone

 

Step Two:

 

Additional Dwellings Permitted =

Additional ESOS Area (acres) ÷ Base Zoning Lot Size

 

Step Three:

 

Total Allowable Dwelling Count with Bonus =

Additional Dwellings + Base Zoning Dwelling Count

v.    The additional ESOS must meet the following criteria:

a)    Meet the requirements in subsection E of this section, Open Space Requirements.

b)    Be natural, undisturbed desert area and cannot include revegetated areas.

c)    The additional ESOS shall be provided in common area or separate tracts and cannot be located on an individual single-family lot.

TABLE 27.10-7: Maximum Density Bonus

Zoning District

Minimum Area per Dwelling

Base Density (D.U.s / acre)

Maximum Density with Bonus

Residential

R1-300

300,000

0.15

0.18

R1-144

144,000

0.3

0.36

R1-72

72,000

0.6

0.72

R1-43

43,000

1.0

1.2

R1-36

36,000

1.2

1.44

R1-20

20,000

2.2

2.64

R1-10

10,000

4.4

5.28

R1-7

7,000

6.2

7.44

SDH-6

6,000

7.3

8.76

R-4

5,450

8.0

9.6

R-4R

4,250/rental

15,000/dwelling

10.2

2.9

12.24

3.48

R-S

5,450

8.0

9.6

R-6

3,500

12.4

14.88

Nonresidential

 

 

Base (FAR)

Maximum FAR with Bonus

CN

 

0.20

0.24

C-1

 

0.30

0.36

C-2

 

0.40

0.48

PS

 

 

 

T-P

 

0.50

0.60

POS

 

0.15

0.18

f. ESOS Flexibility

i.    ESOS flexibility is available for any property subject to the requirements contained in this section. The applicability requirements of subsection F.2.b of this section do not apply.

ii.    The Town Council may reduce the amount of required ESOS specified in Table 27.10-2.

iii.    Review and approval of a proposed reduction in ESOS is subject to the following limitations:

a)    Critical and core resource areas: ten percent (10%) maximum reduction.

b)    Resource management areas: twenty-five percent (25%) maximum reduction.

c)    Major wildlife linkage areas: No reduction permitted.

iv.    Criteria

When it is demonstrated that one (1) of the following criteria is satisfied and that open space connectivity is equally conserved, a reduction in minimum ESOS in the critical, core or resource management areas may be approved by the Town Council.

a)    The site is identified as appropriate for C-1, C-2 or Technological Park growth in accordance with the adopted strategic economic development policy, or

b)    Development proposal is wildlife permeable as defined in Chapter 31, or

c)    The area has been isolated by development from other open spaces and lost all connectivity with other open space areas.

v.    Resource Priorities

Relative resource priorities as identified in subsection E.4.d of this section shall be applied to guide open space design when ESOS flexibility is requested.

vi.    Essential Services

a)    Essential services include utilities, sewer improvements, and roads. Within the major wildlife linkages, roads are limited to utility access and trailheads.

b)    Disturbances to ESOS for essential services may be approved by the Town Council when:

1)    Improvements do not negate the intent to conserve viable habitat and connections for wildlife movement; and

2)    Mitigation will be provided to achieve equivalent or superior habitat conditions; and

3)    It has been demonstrated that the least amount of disturbance has been planned.

c)    Areas disturbed as a result of providing flexibility for essential services must be mitigated in accordance with subsection G of this section, Mitigation.

d)    Areas damaged by roads or infrastructure that do not enable complete restoration must be mitigated by providing on-site replacement of the same quantity and quality of ESOS or providing off-site mitigation as outlined below.

vii.    Off-Site Mitigation

As a component of ESOS flexibility, ESOS may be provided on an alternative, off-site land parcel subject to the following:

a)    Off-site mitigation proposals must further the purposes of the ESL regulations.

b)    The resources must be equal or higher value in the ESL hierarchical system.

c)    Mitigation must be provided on a one to one (1:1) ratio.

d)    The remaining ESOS, after any reduction, retains its environmental value as intended by the ESL regulations.

viii.    Approved Cultural Resources Site

Land designated as a protected cultural resources site in accordance with an approved treatment plan shall qualify as required ESOS on a one to three (1:3) basis (each square foot of cultural resource site shall equal three (3) square feet of required ESOS) as determined by the Planning and Zoning Administrator.

3. Design
a. Development Envelope

i.    Development envelopes must be delineated when development is proposed adjacent to ESOS areas. The specific location of a development envelope shall be shown on the site plan, subdivision plat, improvement plan, and Type 1 grading permit. The method of delineating the envelope boundary must enable precise field verification.

ii.    All improvements requiring ground disturbance shall be contained within development envelopes. No clearing, grading, grubbing, or disturbance may occur outside of the approved development envelopes or within ESOS areas subject to specified exceptions in subsections F.1, Permitted Uses, F.1.c.v, prohibited uses-vehicular access, and F.2.f.vi, open space-essential services, of this section.

iii.    A field survey to determine the location of development envelope boundaries is required at the discretion of the Planning and Zoning Administrator.

iv.    The boundary of ESOS or the development envelope shall be delineated by a temporary, highly visible, protective fence. Fencing must be established prior to construction and remain in place until construction is complete as determined by the Planning and Zoning Administrator.

b. ESOS Setbacks

i.    All structures must be set back to permit their installation or construction without any impact to ESOS areas. The following setbacks apply to the following structures:

a)    Walls and fences: fifteen (15) feet.

b)    Buildings, ramadas, play structures, similar accessory structures, swimming pools, and retaining walls over three (3) feet: twenty (20) feet.

Setbacks may be reduced at the discretion of the Planning and Zoning Administrator to no less than five (5) feet if the property owner can demonstrate conditions or specific techniques that ensure no encroachment into ESOS.

FIGURE 27.10-21: Building Envelope and ESOS Setback

ii.    When other setbacks are required per the zoning code, the more restrictive setback shall apply.

iii.    The Planning and Zoning Administrator may require wider ESOS setbacks where conditions dictate additional disturbance is required for construction.

c. Rock Outcrops and Boulders

Mitigation measures are required for rock outcrop and boulder encroachments. A mitigation plan, prepared in accordance with the requirements contained in subsection G of this section, Mitigation, is required.

d. Circulation Improvements

i.    Circulation improvements include facilities for vehicular and nonvehicular use such as roadways, driveways, parking, circulation areas, bridges, drainage crossings, multi-use and bicycle pathways and sidewalks. Trail system design is addressed in subsections F.1.d and F.2.f.vi of this section, open space.

ii.    Circulation improvements must be designed to avoid impacts to environmentally sensitive areas. When no other viable alternative exists, circulation improvements shall use shortest distance alignments and otherwise minimize grading and disturbance of environmentally sensitive areas.

iii.    The design of circulation improvements and wildlife crossings in environmentally sensitive areas shall:

a)    Comply with Oro Valley subdivision street standards and the drainage design criteria unless specifically modified to preserve ESL resources and approved by the Town Engineer;

b)    Be based on a Town-approved assessment of wildlife species occurring in the area; and

c)    Include design features that support conservation of identified species.

iv.    The Town Engineer retains discretion for specifying wildlife-friendly design features for circulation improvements located in environmentally sensitive areas.

v.    Restoration of all disturbed areas is required in accordance with subsection G of this section, Mitigation.

e. Structures

i.    For all structures on residential lots adjacent to ESOS, or nonresidential and multi-family structures within two hundred (200) feet of ESOS, building materials must meet the requirements listed in subsection F.3.e.ii of this section.

ii.    Design requirements for all structures and utility equipment such as surface-mounted utility transformers, pull boxes, pedestal cabinets, service terminals or other similar on-the-ground facilities include:

a)    Glass surfaces shall not exceed a reflectivity of twenty percent (20%).

b)    Exterior finishes shall not exceed a reflectivity of sixty percent (60%).

c)    Materials used for exterior surfaces of all structures shall match in color, hue, and tone with the surrounding natural desert setting. Green and beige hues and tones are preferred for utility equipment located in environmentally sensitive areas.

Surface materials of walls, retaining walls or fences shall be similar to and compatible with those of the adjacent main buildings.

d)    Cumulative application of structural and other design requirements within scenic resource areas.

f. Permanent Walls and Fences

i.    In open space areas such as recreation areas, buffer yards and drainage facilities adjacent to ESOS and in wildlife permeable development, wall and fence design features shall:

a)    Be wildlife-friendly and promote conservation of identified species as determined by the Planning and Zoning Administrator.

b)    Utilize wall and fence design based on a Town-approved assessment of the wildlife species using the area.

ii.    No walls, fences, or other barriers may be located so as to impede wildlife movement through designated ESOS. Walls or fences shall not enclose or disconnect contiguous ESOS.

iii.    Chain link, wire mesh, woven wire and similar fence materials are prohibited.

iv.    Walls can be in the form of a view fence that combines solid wall elements with wrought iron or other open material to permit unobstructed views.

v.    Walls and fences shall not require the removal of distinctive vegetation as defined in subsection D.3.c.iii.d of this section.

vi.    Walls shall be built of materials that blend into the rough textures and rustic character of the vegetation, rocks and other features of the natural desert setting and shall comply with Section 27.6.C.5, landscape conservation – screening.

((O)17-05, Amended, 6/7/17; (O)15-06, Amended, 2/4/15; Ord. (O)11-01, Added, 2/16/11)

G. Mitigation

1. Purpose

Site-specific mitigation is required in order to restore biological functions and resource values of riparian areas, distinctive vegetation and rock outcrop features impacted by development activity or previous human disturbance.

2. Applicability

a.    Mitigation is required for disturbed areas of environmentally sensitive resources including restoration due to impacts from:

i.    Essential services installation as described in subsection F.2.f.vi of this section;

ii.    Degraded linkage areas as described in subsection E.4.g of this section; and

iii.    Other instances of disturbance to environmentally sensitive resources.

b.    This section applies to natural resources and does not apply to mitigation of a cultural resource.

3. General Requirements

Mitigation specific to each disturbed area is required for impacts to environmentally sensitive resources including:

a.    Riparian areas;

b.    Distinctive plant stands and communities; and

c.    Rock outcrops and boulders.

4. Mitigation
a. Site Characterization

i.    If the proposed impact area is less than one-quarter (1/4) acre in size, prior to disturbance the site shall be characterized through a one hundred percent (100%) inventory of resource elements.

ii.    If the proposed impact area is greater than one-quarter (1/4) acre in size site characterization may be accomplished through sampling as described below.

b. Sampling Riparian Areas and Distinctive Vegetation Stands

i.    Sample Area(s)

a)    Determine the sample areas within which plots or transects will be established in accordance with reference site requirements. The following qualities shall be included in the sample area:

1)    Sample areas for distinctive vegetation stands should include stands of mature and healthy vegetation that meet the minimum cover or density definitions in the ESL for those resources being impacted.

2)    Sample areas’ area shall be large enough to include all species belonging to the plant community.

3)    The habitat should be relatively uniform throughout a single sample area. Each habitat type shall be sampled separately.

ii.    Configuration

a)    Plots or transects shall be distributed throughout the sample area in a manner to capture all of the variability within that sample area. Plots or transects can be either located randomly within a sample area or according to an orderly sampling scheme (e.g., on a grid, at regular intervals, etc.) – as long as the result is that the sample area is accurately described by the plot number and arrangement.

b)    The sampling locations must be approved as part of the mitigation plan review process, and must be representative of the area being sampled.

iii.    Plot Sampling

a)    Plot sampling, or quadrat sampling, can be used to describe a variety of plant community characteristics of an area that is too large for a complete vegetation inventory to be feasible.

b)    The parameters to be addressed include: diversity (species present), cover, and density (number of species in a given area).

c)    The number of plots or transects conducted within each sample area should be sufficient to characterize the range of vegetation conditions within it.

d)    Size and Shape

1)    Plot size and shape should fit the nature of the vegetation community to be sampled. Circular plots are generally recommended with these field mapping standards, as they are more efficient to accurately establish in the field.

2)    Plot size should be large enough to include a significant number of individual plants, representing all dominant species, but small enough that plants can be counted without duplication or omission of individuals.

3)    Suggested plot sizes that are typically appropriate for vegetation in the context of riparian habitat are listed below. Site characteristics may necessitate using a different plot size or shape (i.e., if the riparian vegetation entity is not wide enough). Plot shape and size should be consistent throughout.

4)    Circular plots (preferred): ten (10) meter radius (314 m2 or 3,380 ft2).

5)    Square plots: fifteen (15) to twenty (20) meters per side (225 m2 to 400 m2 or 2,422 ft2 to 4,306 ft2).

6)    Rectangular plots: fifteen (15) meters by twenty (20) meters (300 m2 or 3,229 ft2).

iv.    Transect Sampling

Transects may be conducted according to the point intercept and belt transect methods. The method is based on a fifty (50) meter point transect centered on a two (2) by fifty (50) meter plot (i.e., the belt transect). Using this method, vegetation is sampled by points at one-half (1/2) meter intervals along the fifty (50) meter transect to determine cover. The surveyor will note the species encountered at each interval. In addition, individuals of each perennial species rooted within the two (2) by fifty (50) meter plot will be counted to determine density and diversity. All annuals present in the two (2) by fifty (50) meter plot will also be noted.

c. Rock Outcrops and Boulders

If rock outcrops and/or boulders, as defined in Chapter 31, will be impacted beyond established thresholds, they must be addressed in the mitigation plan through salvage and relocation to re-create the original character as determined by an assessment of the following features:

i.    The surface area and average height of the feature.

ii.    Average size of boulders within the feature.

iii.    General density and width of crevices or fractures across the outcrop.

iv.    Aspect/orientation of the outcrop.

d. Reference Sites

i.    When degraded areas do not permit site characterization in accordance with subsection G.4.b of this section, a reference site shall be selected and used as a proxy for desired conditions at the mitigation site.

ii.    Reference sites shall be used to determine appropriate plant species, size and density to be included in the mitigation plan.

iii.    Reference sites shall be located in the same watershed and carefully chosen to reflect similar habitat resources including vegetation qualities and abiotic characteristics such as elevation, topography, stream characteristics, and substrate. Reference sites are informative and suggestive rather than prescriptive. Characterization of reference sites shall use the sample methodology outlined herein.

iv.    Reference sites for riparian habitat impacts should include healthy, intact riparian habitat that is the same or higher riparian/xeroriparian classification and within the same watershed as that being impacted.

v.    Each reference site may include several sampling areas.

vi.    Number of Reference Sites

a)    If the proposed impact area is less than one-quarter (1/4) acre in size and has been previously degraded or disturbed, at least one (1) reference site shall be selected for characterization.

b)    If the proposed impact area is between one-quarter (1/4) and five (5) acres in size and has been previously degraded or disturbed, at least two (2) reference sites shall be selected for characterization.

c)    For proposed impacts areas greater than five (5) acres that have been previously degraded or disturbed, at least three (3) reference sites shall be selected for characterization.

5. Mitigation Plan

a.    Mitigation plans shall be prepared by a qualified habitat restoration specialist. The requirement to use a qualified habitat restoration specialist is waived for mitigation plans prepared for single residential parcels.

b.    A mitigation plan shall include accurate information about resource elements present in the proposed impact area prior to such impacts and at any proposed mitigation area if different than impact area.

c. Mitigation Plan Contents

The following information must be included in a mitigation plan:

i.    Aerial photograph at an appropriate scale with the following items clearly labeled:

a)    Proposed project area, mitigation area, and reference area(s);

b)    ESL resources;

c)    Sampling entities;

d)    Plot and/or transect locations, numerically labeled, to identify the plot relative to the data;

ii.    Results summary table with all species listed;

iii.    Evaluation of species diversity and vegetation cover;

iv.    Representative photographs of each sample entity;

v.    Planting plan, including specifications for the placement and relocation of rock and boulder features; and

vi.    Other supporting data and evidence as appropriate.

d. Plant Density

i.    For each area sampled, calculate the mean (average) number of individuals per species, based on the area of all plots or transects in that entity. For creating a planting plan, these values can be extrapolated to a meaningful area (e.g., one (1) acre or the size of the proposed disturbance) for each species as well as a total for shrubs and trees. The mean value will be used to calculate the mitigation required, using the following formula:

Total number of plants in all plots

=

X plants per area of interest

Total combined area of all plots

Area of interest

ii.    At a minimum, all mitigation areas should achieve a density of forty-five (45) trees per acre and one hundred (100) shrubs per acre.

Species and quantities of plant materials must be calculated based on density values obtained in the vegetation sampling of the reference site(s) as described below.

e. Plant Palette

i.    The specific plant palette should include native species that are present in the proposed impact area or reference site(s), as determined by the sampling techniques described above.

ii.    Historic flora may be consulted for additional species that may have occurred in the area in the past and that may be appropriate.

iii.    Plant materials must be selected to create a diverse native vegetation community that will have the greatest habitat value possible. This should include (as appropriate) species of trees, large and mid-sized shrubs, bunchgrasses, sub-shrubs, vines, and annuals that will provide a structurally diverse vegetation community with ample cover for a variety of wildlife.

iv.    Species selection must incorporate plant species that provide a variety of food resources for wildlife, including grains, berries, insects, pollen, and nectar.

f. Plant Size

Trees and shrub size shall reflect the average found in the transects. The following serve as minimum size requirements:

i.    Trees: Fifty percent (50%) at twenty-four (24) inch boxed and fifty percent (50%) at fifteen (15) gallon.

ii.    Shrubs: One hundred percent (100%) at five (5) gallon.

g. Planting, Rock and Boulder Design

i.    Container plants must be installed in natural-looking patterns that mimic the surrounding and reference areas and not in rows or grids. Planting design shall be detailed on the planting plan.

ii.    The placement of rock and boulder materials shall re-create the original character of the feature to the greatest practical extent. Rock and boulder placement shall be detailed on the planting plan.

h. Plant Material Quality

i.    Emphasis on plant materials shall be for restoration quality stock that is native and as local to the project area as possible and preferably from within the same watershed.

ii.    Plant materials may consist of salvaged plants or cuttings as well as container plants grown in traditional or tall pots from seed collected locally specifically for the project. Container plants will be grown at a nursery that specializes in producing high-quality native plant species for habitat restoration projects.

iii.    Native soil shall be used in the plant containers if possible. If more native soil is needed than is available to fill plant containers, each container shall receive some native soil mixed with an appropriate commercial nursery soil mix.

iv.    Container plants must be grown outdoors and in full sunlight. Prior to container plants being delivered to the project site, they shall be hardened off from water, so they may be able to sustain themselves under potential drought conditions once planted.

v.    Deep-planting techniques for woody species are permitted in order to achieve maximum survival with minimal irrigation. This may include deep-planting of dormant pole cuttings as well as the use of container stock grown in tall pots.

vi.    All plant materials shall be inspected by Town staff prior to installation to ensure they are healthy, disease free, and of proper species, quantities, and sizes.

i. Seed Types

i.    Seed labels, including origin, purity, and germination rates, shall be made available to Town staff for review and approval prior to application at the project site.

ii.    The seed mix palette must include only native species that occur in the vicinity of the restoration mitigation area and that are appropriate for the site, as determined by vegetation sampling.

iii.    The mix should include as many species as possible, and, as with the container plants, a diverse mix of structural habits. It is important to include species that germinate at different times of the year as a contingency if precipitation is below average during the first wet season and to provide cover throughout the year.

j. Seed Application

Seeds can be applied through a variety of methods, including hand-broadcasting, pelletization, pitting, and hydroseeding. Timing of application shall be coordinated with precipitation for the greatest likelihood of germination success.

6. Off-Site Mitigation
a. Location

i.    Mitigation may be proposed on site or off site subject to Planning and Zoning Administrator approval. On-site mitigation is appropriate when impacts are temporary such as disturbance for a utility right-of-way. Off-site mitigation may be proposed if impacts will be permanent.

ii.    Appropriate off-site mitigation locations include areas adjacent or in close proximity to the impacted area that contain similar resource elements such as areas upstream along the same riparian corridor where the impact occurred, or areas where resources have previously been degraded or disturbed.

iii.    The location of the proposed mitigation area should consider the following items:

a)    Proximity and connectivity to other resource elements within and adjacent to the parcel containing the mitigation area.

b)    Soil and landscape characteristics.

c)    Hydrology.

d)    Zoning and long-term protection.

e)    Access and logistical concerns.

f)    Land use history.

(Ord. (O)11-01, Added, 2/16/11)

 


1

Code reviser’s note: Wherever there is a conflict with provisions of the Code regarding native plant salvage and preservation, revegetation, constructed landscape improvements and plant materials, irrigation and outdoor water conservation, the provisions of Section 27.6 shall prevail.