Chapter 25
USE REGULATIONS
Section 25.1 Requirements for Specific Uses
This section applies to all non-residential uses, excluding parks. The requirements specified herein are in addition to those specified in the corresponding zoning district.
A. General Requirements for All Non-Residential Uses
1. Fire Access: At least two (2) driveways should be provided for circulation and emergency vehicle access, subject to Fire Marshal review.
2. Conceptual Architecture; Subject to Conceptual Design Review Board Approval:
a. Accessory structures (structures other than the primary building(s) such as screen walls, gas station canopies, carports, signage structures) shall be coordinated with the primary building(s) in terms of materials, colors and style.
b. Exterior finishes of a building shall not exceed a reflectivity of sixty percent (60%).
3. Noise
a. Noise from internal loudspeakers, paging systems, live entertainment or stereo speakers shall not exceed forty (40) decibels at the property line of any adjacent residential district.
b. No external speakers, except for drive-through order purposes, piped-in ambiance music that is not discernible (less than forty (40) decibels) from on-site property lines, special events and/or approved outdoor entertainment venues, shall be permitted on the premises.
4. Outdoor Storage and Activities1
a. All operations and storage shall be conducted within a completely enclosed building or within an opaque barrier designed to match the main building on the site. Items stored, excluding live vegetation, may not be visible from private or public streets or adjacent residential areas.
b. Modular storage units are not permitted.
c. Temporary outdoor storage is not permitted, except in accordance with Section 25.3, Temporary Uses and Structures.
d. Outdoor dispensing machines for such items as movies, newspapers and soft drinks shall be located adjacent to the main building and shall not occupy parking areas, circulation drives or landscape areas.
e. Outdoor eating areas for restaurants using disposable dinnerware, wrappings or napkins shall be enclosed with a minimum three (3) foot barrier in order to prevent the blowing and scattering of litter. Such areas shall be maintained in a litter free condition.
5. Outdoor Display (Effective until February 1, 2013)2
a. A minimum of four (4) foot unobstructed walkway shall be maintained around any outdoor display. A minimum of four (4) feet shall be maintained from any outdoor display and any ingress/egress to the building. Outdoor displays may be located against the building wall. Outdoor displays shall conform to the egress requirements of the International Building Code and shall not obstruct a means of egress.
b. Minimum setback of four (4) feet from the edge of the outdoor display to the curb or edge of drive aisle shall be maintained.
c. Outdoor display shall not be located in any landscaped area nor interfere with the safe function of pedestrian sidewalks, bicycle parking area and other access.
d. Outdoor displays shall not be located in a parking area or drive aisle.
e. Outdoor displays shall be maintained in such a manner as to not constitute a hazard to pedestrians or vehicular traffic as determined by the Building Official or Town Engineer as applicable. People standing in driveways or blocking doorways while viewing merchandise are considered a hazard.
f. Outdoor displays shall be limited to one (1) building facade of the main building. Areas occupied by outdoor dispensing machines are not considered outdoor displays.
g. Outdoor displays shall be limited to merchandise sold inside the main building.
h. The Planning and Zoning Administrator shall prescribe the form and content of the outdoor display applications and necessary accompanying information. The application shall be filed with the Planning and Zoning Administrator. A no fee permit must be issued prior to the establishment of any outdoor display.
i. For building facades fifty (50) feet and greater in width, outdoor displays shall not occupy more than fifty percent (50%) of the building facade, up to a maximum of one hundred fifty (150) feet.
j. For building facades less than fifty (50) feet in width, outdoor displays shall not occupy more than twenty-five (25) feet of the facade.
k. To provide each tenant whose facades are less than thirty (30) feet with a useable display area, the Planning and Zoning Administrator may reduce the required walkways established by this section. In no case shall the walkway be reduced to less than two (2) feet.
6. Pedestrian Circulation
a. An on-site pedestrian circulation system must be provided.
b. Connections:
i. Where possible, interconnect all buildings, parking areas, bicycle parking, recreational areas, common outdoor areas and amenities.
ii. Connect to trail networks, paths and public amenities and adjacent land uses.
iii. Provide improvements in accordance with the Town Bike and Pedestrian Plan.
c. Materials
i. The circulation system must be hard surfaced and be a minimum of five (5) feet wide.
ii. Where the system crosses driveways, parking areas and loading areas, the system must be made clearly identifiable by incorporating the following mechanisms: use of traffic calming methods, a different paving material, or other similar method. Striping does not meet this requirement. Elevation changes and speed tables must be at least four (4) inches high.
iii. Where the system is parallel and adjacent to an auto lane, it must be separated from the auto travel way by a raised path, curb, bollards, landscaping or other physical barrier. If a raised path is used, it must be at least four (4) inches high and the ends of the raised portion must be equipped with curb ramps. Bollard spacing must be no further apart then five (5) feet on center.
7. Odors
a. All restaurants and manufacturing uses shall provide an odor abatement plan at the time of Final Design submittal. The plan is subject to Planning and Zoning Administrator approval. Decisions may be appealed to the Board of Adjustment.
b. The odor abatement plan must contain the following elements:
i. An inventory of potential or identified odor emission point sources associated with the industry or land use.
ii. A plan detailing best available control technologies and appurtenances designed to eliminate or achieve the maximum reduction of odor emission from an emission point source inclusive of, but not necessarily limited to certain processes, procedures or operating methods intended to mitigate or control odor.
iii. A specification of the documentation that will be made available for Town review which will verify the data produced by the monitoring equipment, and which will verify that processes and procedures are conducted consistent with the specifications in the facility’s odor control study and plan.
iv. A schedule for the implementation and installation of the control technologies, appurtenances and monitoring instrumentation.
v. An acknowledgment of the authority of the Town and/or County and its agents to enter into the facility and its property to investigate complaints and to verify the facility’s adherence to the compliance plan.
8. Residence
One (1) single-family residence will be permitted for each religious institution facility for the purpose of providing housing for a minister, pastor, priest, rabbi or caretaker and his/her family.
((O)11-23, Amended, 9/21/11; (O)11-15, Amended, 5/18/11; (O)07-33, Amended, 9/19/07)
B. Automobile Parts Store
On-site repair, rebuilding or machining are prohibited.
C. Car Rental Establishments
1. Parking lots used for the storage of rental cars shall meet the screening requirements and minimum number of parking spaces in compliance with Section 27.7, Off Street Parking, Section 27.6, Landscape and Buffer Yard requirements, and any applicable overlay district.
2. There shall be no car washing, cleaning or repair activities of rental cars permitted on site.
3. Parking lots larger than 25 spaces devoted solely to the parking of rental cars shall be prohibited.
D. Commercial Stables
1. The minimum property size shall be 10 acres.
2. The proposed site shall not be adjacent to subdivided single-family residential property unless that residential property contains an equestrian easement along the contiguous boundary.
3. The stable property shall contain a buffer strip 100 feet wide maintained in a natural state adjacent to all surrounding privately owned property. This strip shall be used only for occasional riding and not for keeping, pasturing or storing of animals, and not for training or other regular or intensified activities.
4. There shall be a buffer strip 40 feet wide maintained and used as described above adjacent to any street.
5. There shall be no shows or other activities that would generate more traffic than is normal to a residential area unless the proposed site has direct access from a major arterial road. Permission for such shows and activities may be obtained via a Special Use Permit.
6. All pasture and animal storage areas shall be enclosed with fences or walls a minimum of 4 feet 6 inches in height.
7. All laws applicable to the public health must be complied with for the entire period of operation of the stable.
8. All stable, activity and pasture areas that are not grassed shall be treated for dust control as approved by the Town Council.
9. Adequate parking shall be shown on the site plan.
E. Community Residences
Community residences shall be permitted provided that:
1. No such residence is located on a lot with a property line within 1,000 feet, measured in a straight line in any direction, of the lot line of another such community residence; and
2. Such residence contains no more than 6 residents, or 8 residents, including staff; and
3. Such residence is registered with, and is approved by, the Planning and Zoning Administrator as to compliance with the standards of this Section.
4. Such residence or services provided therein shall be licensed by, certified by, approved by, registered with, funded by or through, or under contract with the State of Arizona.
F. Communication Structures and Facilities
1. Antenna
a. Residential Antenna Standards:
Antennas are permitted in all residential zoning districts, subject to the following conditions:
i. Ground-Mounted
a) A ground-mounted satellite dish that is 1 meter (3.28 feet) or less in diameter, with a maximum height of five feet.
b) Free standing pole antennas are limited to the building height allowed in the applicable zone.
c) Location. All ground-mounted antennas are to be located in the rear yard, unless rear yard location provides an indirect line of site to the satellite, in which case may be located in the side yard. All applicable setbacks for accessory buildings shall apply.
d) Screening. All ground-mounted satellite dishes shall be screened up to five feet with a solid wall or landscaping, so as not to be visible from adjacent properties.
e) Color. Antennas that are not fully screened by a wall or landscaping are prohibited from being either white or iridescent in color, and are encouraged to be a neutral color. Fully screened antenna may be of any color.
ii. Building-Mounted:
a) A building-mounted satellite dish that is 1 meter (3.28 feet) or less in diameter and building mounted antenna shall be permitted in any zoning district. Such antenna shall be fully screened.
b) Color. Fully screened antenna may be of any color.
c) Height. The maximum height of the antenna shall be the minimum height necessary for reception of radio waves.
iii. Amateur Radio Equipment
a) The maximum height of the equipment, whether a fixed or “crank-up” style structure, including antenna, shall be fifty (50) feet, measured from the ground to the fully operational extent of the equipment.
b) The tower and equipment shall only be located in the rear yard.
c) There shall be a setback ratio of one to one (1:1) (one (1) foot of setback for each foot in height from all buildings, property lines and overhead wires).
d) The equipment shall be operated only by a Federally licensed amateur radio operator.
e) The base of the equipment shall not exceed a size greater than four (4) feet by four (4) feet.
iv. Satellite dishes exceeding one (1) meter diameter.
Planning and Zoning Administrator approval is required for all ground- or building-mounted satellite dish antennas over one (1) meter in diameter. All satellite dish antennas over one (1) meter in diameter shall adhere to the following standards:
a) A maximum diameter of fifteen (15) feet will be permitted.
b) Ground-mounted satellite dishes exceeding one (1) meter in diameter are permitted only in the rear yard, unless rear yard location provides an indirect line of sight to the satellite, in which case may be located in the side yard.
c) A minimum two-thirds (2/3) of the satellite dish must be screened with either landscaping or a solid wall.
d) The maximum elevation of the foundation for a ground-mounted antenna is not to exceed one (1) foot.
e) Height. The maximum height of a building-mounted antenna that is over one (1) meter in diameter shall be the minimum height that is necessary for reception of radio waves.
b. Commercial Antenna Standards:
Antennas which are building mounted or ground mounted are permitted in all commercial or industrial zoning districts, subject to the following conditions:
i. Ground-mounted:
a) Satellite dishes are limited to two (2) meters (6.56 feet) or less in diameter, and up to five (5) feet in height.
b) Freestanding pole antennas are limited to the building height allowed in the applicable zone.
c) Location. All ground-mounted antennas are to be located in the rear yard, unless rear yard location provides an indirect line of sight to the satellite, in which case may be located in the side yard. All applicable setbacks for accessory buildings shall apply.
d) Screening. All ground-mounted satellite dishes shall be screened five (5) feet up from the ground with a solid wall or landscaping, so as not to be visible from adjacent properties.
e) Color. Antennas that are not screened by a wall or landscaping are prohibited from being either white or iridescent in color, and are to be a neutral color. Fully screened antennas may be of any color.
ii. Building-mounted:
a) A building-mounted antenna that is two (2) meters (6.56 feet) or less in diameter shall be allowed to be mounted on the roof. Such antenna shall be fully screened from the road and adjacent property.
b) Color. Fully screened antennas may be of any color.
iii. Satellite dishes exceeding two (2) meters in diameter.
Approval from the Conceptual Design Review Board is required subject to the following standards:
a) Maximum diameter: Fifteen (15) feet.
b) Ground-mounted satellite dishes are permitted only in the rear yard, unless rear yard location provides an indirect line of sight to the satellite, in which case may be located in the side yard.
c) A minimum two-thirds (2/3) of the satellite dish must be screened with either landscaping or a solid wall.
d) The maximum elevation of the foundation for ground-mounted antenna is not to exceed one (1) foot.
e) Height. The maximum height of building-mounted antenna that is over two (2) meters in diameter shall be the minimum height that is necessary for reception of radio waves.
2. Communication Facilities
a. Applicability: This section applies to all new communication facilities or new appurtenances to existing facilities except for facilities used for police, fire, ambulance, and other emergency dispatch functions.
b. General Requirements for All Communications Facilities
i. Stealth Applications
a) All facilities shall be constructed using stealth applications for the antennas. A stealth application entails the camouflaging of an antenna, appurtenance, fixture, and/or structure with a building or the landscape in terms of design, colors, materials, height, and width.
b) Site location and development shall preserve the existing character of the surrounding community, buildings, land uses and zoning district. Facilities shall be integrated through location and design to blend in with the existing characteristics of the site. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized.
c) Antennas mounted on buildings, utility poles, or structures shall be covered by appropriate casings that are designed to match existing structural or architectural features.
d) The camouflaging of antennas shall include architectural integration, painting and texturing to match the existing structure, or if ground-mounted, of such design to be compatibly integrated with the surrounding landscape. Where feasible, antennas can be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.
ii. No communication facilities shall be permitted on developed or undeveloped lots where the primary use is or is platted for a dwelling.
iii. Setback Requirements for All Ground-Mounted Facilities, Excluding Joint-Use Installations on Street Lights, Traffic Lights, Electric Utility Poles and/or other Utility Structures and Collocations on Existing Facilities.
a) Structures shall be set back two (2) feet for every one (1) foot in height from buildings, property lines and overhead wires.
b) All new facilities within the Tangerine Road Corridor Overlay District and Oracle Road Scenic Overlay District must be set back from the right-of-way edge by a distance of three (3) feet for every one (1) foot in height.
iv. Equipment Buildings, Cabinets, and/or Structures
a) Equipment buildings or structures shall be concealed from public view and made compatible with the architecture of the surrounding buildings and consistent with the general character of the area.
b) Above ground equipment shall be completely screened from view by a compatible solid wall or opaque fence except when a ground-mounted cabinet or structure, or combination of all cabinets or structures, is smaller than one hundred and eighty (180) cubic feet. Units that are smaller than one hundred and eighty (180) cubic feet may, at the discretion of the Planning and Zoning Administrator, not be required to be screened from view if they have been designed with a structure, materials, colors or detailing that emulates the character of the area. All gates shall be opaque.
c) Equipment buildings must be placed in compliance with the underlying zoning setbacks for accessory buildings.
d) The equipment building or structure must be regularly maintained.
e) The maximum building height shall not exceed eighteen (18) feet.
f) All above ground equipment with air conditioning units shall be enclosed by walls, if located within three hundred (300) feet of developed or undeveloped lots where the primary use is or is platted for single-family dwellings.
g) Any exterior lighting, unless required by the Federal Aviation Administration, shall be positioned within the walled area and shall be mounted below the height of the screening fence or wall.
v. Additional Standards for Development in Parks and Open Space Zoning: For areas not utilized as a developed public or private park, golf course, or similar use, the following standards shall apply:
a) All facilities must be collocated on an existing manmade structure or ground-mounted and disguised as a natural feature such as rock or saguaro.
b) All accessory and equipment buildings shall be vaulted underground unless they can be entirely camouflaged as a natural feature.
c) New roads shall not be constructed to specifically access the site.
d) Significant resources, as defined in Section 27.6 may not be disturbed.
vi. Discontinuance of Use
a) Any antenna or tower for which the use is discontinued for six (6) months or more shall be removed, and the property shall be restored to its condition prior to the location of the antenna or tower, all at the expense of the provider. The Town may require financial assurances to ensure compliance with this provision.
vii. Noninterference with Public Safety
a) No wireless communication transmitter, receptor, or other facility shall interfere with police, fire, and emergency public safety communications.
viii. Technical Evaluation
a) The Town may engage the services of a third party consultant, at the applicant’s sole expense, to evaluate the accuracy of the application, Federal Communications Commission compliance, and other technical issues as needed.
ix. Monopole and Tower Site Standards
a) Any new monopole shall be separated from the nearest monopole - regardless of ownership and jurisdictional boundaries - by a distance of one-quarter (1/4) mile, unless it is adjacent to an existing monopole or tower within a common screened wall.
b) New towers require a minimum separation of one (1) mile from any existing tower - regardless of ownership and jurisdictional boundaries - unless one can verify that no reasonable alternative exists.
c) All new monopoles or towers that are forty (40) feet or higher shall allow for collocation by other wireless communication providers.
d) Use of guy wires is prohibited.
x. Access and Signage
a) All facilities, especially roof-mounted antennas, must be designed in a manner to clearly prevent and/or deter access by the public.
b) All facilities shall be identified by a permanently installed plaque or marker, no larger than four (4) inches by six (6) inches, clearly identifying the provider’s name, address and emergency phone number. The sign shall be placed in a location visible to passersby.
xi. Provider’s Communication Plan
The Provider Communication Plans shall be utilized to require collocation and/or clustering of new facilities where technically feasible.
xii. Application 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.
c. Minor Communication Facilities:
i. General Standards for Minor Facilities:
a) Minor facilities may not exceed forty (40) feet in height unless otherwise specified herein.
b) Minor facilities are exempt from parking requirements specified in Chapter 11, unless required by Planning and Zoning Administrator or Conceptual Design Review Board.
ii. Tier I Minor Facilities:
a) The Planning and Zoning Administrator shall make a determination on a Tier I application.
b) All Tier I Minor Facilities shall be constructed using stealth applications that result in the communication facility being entirely indiscernible as a facility because it appears as a functional component of a building, structure, or the landscape.
c) All Tier I Minor Facilities shall meet the following criteria:
1) They shall be located on existing buildings, utility poles, communication facilities, or other existing structures.
A) A replacement utility pole or structure may be utilized only if it closely resembles the original utility pole or structure.
B) The height of the utility poles, communication facilities, or other existing structures shall not add more than twenty percent (20%) to the original height up to a maximum of eighty (80) feet or the regulated height of the utility poles, communication facilities, or other existing structures, whichever is less.
C) For utility poles or other similar structures the diameter may be increased up to sixty percent (60%).
2) Or they shall be located within concealment structures such as flagpoles, cacti, or desert trees that are entirely camouflaged.
3) Unlimited collocations on all existing facilities.
4) Flagpoles utilized as an alternative concealment structure shall not exceed 1.25 times the height of the nearest structure and a total diameter of thirteen (13) inches.
iii. Tier II Minor Facilities
a) The Conceptual Design Review Board shall make a final determination on all Tier II applications, except when a proposed new facility exceeds the building height restrictions of the underlying zoning district. In this case, the Conceptual Design Review Board shall provide a recommendation prior to Town Council determination.
b) All property owners and HOAs within six hundred (600) feet of the facility will be notified by mail and provided with fifteen (15) days to respond. The P&Z Administrator may require a neighborhood meeting.
c) All Tier II Minor Facilities shall be constructed using stealth applications that result in the communication facility being incorporated into a building, structure, or the landscape to the greatest extent feasible; however, it remains discernible as a facility.
d) All Tier II Minor Facilities shall meet the following criteria:
1) New monopoles or towers that are forty (40) feet or less in height. The overall height may be increased to fifty (50) feet only if the site will be immediately utilized for collocation. The increase in height will be the minimum required to support collocation.
2) Collocation on existing structures is subject to the following requirements:
A) The height of the utility poles, communication facilities, or other existing structures shall not add more than thirty percent (30%) to the original height up to a maximum of eighty (80) feet or the regulated height of the utility poles, communication facilities, or other existing structures, whichever is less.
B) For utility poles or other similar structures the diameter may be increased up to sixty percent (60%).
C) Collocations on all existing monopoles or towers whereby the total number of additional appurtenances is less than twenty-five percent (25%) of the original number may be approved by the Planning and Zoning Administrator.
d. Major Communication Facilities
i. Major communication facilities are those facilities that do not meet the minor communications facilities criteria.
ii. They are subject to a conditional use permit. All property owners within six hundred (600) feet must be notified for the use permit. Once a use permit has been obtained, a communication facility application shall be submitted for Conceptual Design Review Board approval.
iii. Tier II stealth criteria apply to all major communication facilities.
iv. All major communication facilities shall meet the following criteria:
a) The height of a facility shall not exceed the height established in the criteria for minor facilities, except that they are allowed up to one hundred fifty (150) feet in C-1, C-2, and T-P Zoning Districts.
b) A minimum of one (1) parking space must be provided unless specifically waived by the Planning and Zoning Commission and Town Council.
((O)11-15, Amended, 5/18/11)
G. Convenience Uses
1. Standards for All Convenience Uses
a. Locational Requirements
i. No convenience use shall be located closer to any Residential District than two hundred fifty (250) feet.
ii. No convenience uses shall be located closer to any public park or school than five hundred (500) feet.
iii. The above distances shall be measured from the abutting edge of the residential district to the closest property line or lease line of the convenience use. The limit of the property line or lease line shall include all required parking, landscaping, and setbacks of the specific convenience use.
iv. Convenience uses shall be ancillary to and located in shopping centers, office parks, or a combination of a shopping center and office park. Convenience uses shall not be permitted in office parks in an R-6 district.
b. Number of Convenience Uses per Center
i. The total number of convenience uses shall not exceed one (1) pad per four and one-half (4.5) acres of shopping center or office park. No more than one (1) drive-in, drive-through, gas station, or automotive service station convenience use shall be permitted for every nine (9) acres of office park.
c. Access
i. No convenience use shall have direct vehicular access onto any street which provides a lower level of service than a collector street.
ii. All convenience uses shall be accessed through a common driveway serving the center or office park. If traffic safety warrants, one (1) direct access per arterial frontage may be approved by the Town Engineer for an individual convenience use.
iii. All convenience uses shall provide access points to the internal circulation driveways and parking areas of the center unless otherwise approved by the Town Council.
2. Tier I Convenience Uses
Tier I uses produce a moderate level of traffic generation and impact on surrounding uses. They include all convenience uses (as defined in Section 31, Definitions) not specifically delineated as Tier II. Standards for Tier I convenience uses are delineated above or in the section for that specific use.
3. Tier II Convenience Uses
Tier II uses produce a high level of traffic generation and impact on surrounding uses. They include the following: drive-in/drive-through restaurants, convenience markets, car washes, gas stations, and automotive service. Standards for Tier I convenience uses are delineated in the above and in the following sections.
a. Timing of Development
Tier II convenience uses shall not be open for business until a minimum of fifty percent (50%) of the net floor area for the non-convenience use structures within the shopping center have been constructed.
b. Specific Use Requirements
i. Gas Stations and/or Automotive Service
a) A minimum building site of thirty-six thousand (36,000) sq. ft. is required and lot frontage is to be not less than two hundred (200) feet, except that kiosk gas stations may be located on an existing or proposed pad within a shopping center.
b) Vehicle queuing is prohibited in the required setbacks.
c) All on-site activities, except those to be performed at the fuel pumps, are to be performed within a completely enclosed building.
d) All restroom entrances shall be screened from view of adjacent properties or street rights-of-way by a decorative wall.
e) No outside storage of and no sale, lease or rental of trailers, trucks or similar equipment shall be permitted, except as may be specifically allowed in that zone.
f) All entrances to service bays shall be screened or face away from street frontage.
g) Canopies shall not be located closer than ten (10) feet from property line of the project. Design of the canopy shall architecturally match the design of the main building. The maximum height of the canopy shall not exceed eighteen (18) feet or the height of the nearest structure, whichever is more restrictive.
ii. Car Washes Automatic and Self Service
a) Achieve a minimum of 70% water recycling.
b) Drying awnings shall be attached to the building or permanently affixed to the ground and all work shall be carried out within the setbacks of the property.
c) Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. Provide fencing or similar security to prohibit entrance after hours of operation.
((O)07-43, Amended, 12/21/07)
H. Day Nursery or Preschool
Provide child drop-off areas with direct pedestrian access to the building entrance.
I. Fire and Police Stations and Emergency Rescue Facilities
1. Minimum property size: 1 acre
2. Permitted coverage of buildings and parking: 75% of the gross site area
3. Vehicular Storage Areas
All fire, police and emergency vehicles shall be stored/serviced within a building or in an area enclosed by a 6-foot masonry wall. Said wall shall be finished to match the main building(s) on the site and shall be screened by plantings at least 4 feet in height and spaced no more than 4 feet apart.
4. Access
At least two driveways shall be provided to assure safe ingress/egress. The location and number of points of access to the site, the interior circulation patterns, and the separation between pedestrians and vehicles should all be designed to maximize safety and convenience of those using the site. The design should be harmonious with proposed and neighboring buildings. A circulation assessment shall be prepared which addresses parking requirements, site access and vehicle turning and backing requirements.
5. Noise
When abutting a residential district, sirens on vehicles shall not be activated until emergency vehicles reach the nearest arterial street unless required to clear traffic.
J. Golf Safety Nets
Golf safety nets may be permitted in all districts provided approval is given, in writing, by the local Homeowner’s Association and/or Sub-association, if active, and staff makes a determination that the design standards in subsection R.1, below have been met.
1. Design Standards
a. Nets and poles may not exceed twenty feet in height from grade.
b. A driving range barrier-type nylon netting material shall be used, which shall have a 3/4-inch weave and be black in color.
c. Net structures shall be consistent, in all details, with existing safety nets located in the immediate area.
d. The preferred method of support for the netting material is via a cable connecting the top of the two poles, as opposed to multiple horizontal rails.
e. Poles shall be painted to match the color of the primary structure on the property.
f. Structural design calculations must be in accordance with those adopted by the Town Building Official or, otherwise, must be prepared by a qualified registrant and approved by the Town Building Official.
g. No Flags, signs, banners or other appurtenances may be attached to the supporting poles or netting material of such nets.
h. The safety net and supporting structure shall be located and designed to minimize the potential for damage to adjoining properties resulting from deflection of golf balls directly off of the safety net and supporting structure.
2. Building Permit Required
A building permit must be obtained prior to construction of golf safety nets. A building permit will be withheld if:
a. Written Homeowners’ Association approval is not presented, or
b. The design standards set forth in subsection (R)(1) have not been met.
K. Health Studio or Fitness Center
Activities must be indoor within an enclosed building.
L. Hospital for Animals
This use may include boarding and lodging, provided that all activities are conducted in soundproof buildings.
M. Marketing of Products Raised on the Premises
A stand of not more than 200 square feet in area shall be permitted provided said stand is no closer than 10 feet to any street line and no closer than 20 feet to any other lot line.
N. New Utility Poles and Wires
1. Applicability
a. It is unlawful to erect, possess or maintain any utility poles or wires above the surface of the ground except after obtaining a Conditional Use Permit therefor.
b. Exceptions
i. Utility poles and wires erected prior to December 31, 1983.
ii. New utility poles and wires erected for temporary use for periods not in excess of 4 months for purely temporary purposes such as for providing temporary building construction power or for emergency power or telephone service, or for the furnishing of power to temporary outdoor activities. This 4-month period may be extended by the Town Council if good cause is shown.
iii. Replacements involving less than 600 feet of continuous poles and wires on any transmission or distribution line in any 12 month period where the remainder of such transmission or distribution line is not also being replaced within said period; such replacement excluded from being new utility poles under the latter clause must be poles of the same or less size, diameter, height and in the same location as the pole or poles being replaced, and in addition, must be of the same classification as to strength and purpose within the utility industry as pole or poles being replaced.
iv. Erection on the ground surface and flush to the ground of transformers, pullboxes, service terminals, pedestal type telephone facilities normally used with and as a part of an underground distribution system. The size, type and design of these are to be approved by the Town Engineer.
v. Erection on the ground surface and flush to the ground of wires in encased concrete or conduit where underground wire installation is not feasible due to special features of the terrain.
2. Approval Criteria
a. A Conditional Use Permit for the erection of new utility poles and wires will be granted in accordance with Section 22.5.
b. In addition, the primary consideration shall be aesthetics with the following factors also considered:
i. The location and height of such poles and wires and the relation to the present or potential roads;
ii. The crossing of such lines over much traveled highways and streets;
iii. Proximity of such lines to schools, religious institutions and other places where people may congregate;
iv. Fire or other accidental hazards from the presence of such poles and wires and the effect, if any, of the same upon the effectiveness of fire fighting equipment;
v. The availability of a suitable right-of-way for the installation;
vi. Future conditions which may be reasonably anticipated in the area in view of a normal course of development;
vii. The type of terrain;
viii. The practicality and feasibility of underground installation of such poles and wires with due regard for the comparative costs between underground and overground installations (provided, however, that a mere showing that an underground installation shall cost more than an overground installation shall not, in itself, necessarily require issuance of a permit).
c. In the event such poles and wires are for the sole purpose of carrying electricity or power or for transmitting of telephone, telegraph, or television communication through or beyond the Town’s boundaries or from one major facility to another, the practicality or feasibility of alternative or other routes shall also be considered.
((O)07-33, Amended, 9/19/07)
O. Restaurants, Within Specific Districts
1. C-N District
Sales of alcoholic beverages are permitted in compliance with the following conditions:
a. No area shall be used exclusively for the consumption of alcoholic beverages.
b. Sales of alcoholic beverages shall be only for consumption on the premises. No package liquor shall be sold.
2. T-P District
No use permit for a restaurant shall be granted unless the use shall be compatible with the T-P development and/or any abutting residential development and shall not include drive-in or drive-through types.
P. Restaurants, Drive-Through/Drive-In
In addition to the guidelines set forth in subsection 25.1.M. for convenience uses, the following requirements/criteria apply to drive-through/drive-in restaurants. Compliance with all the criteria listed below does not necessarily guarantee approval by the Town Council.
1. Outdoor eating areas for restaurants using disposable dinnerware, wrappings or napkins shall be enclosed with a minimum 3 foot wall in order to prevent the blowing and scattering of litter. Such areas shall be patrolled by an employee(s) of the restaurant at least once an hour during hours of operation to collect improperly disposed dinnerware, wrappings or napkins.
2. Landscaped areas and parking areas shall be patrolled at least once an hour to collect improperly disposed dinnerware, wrappings, and napkins.
3. All signs must conform to the Oro Valley Sign Code (Chapter 28) of the Oro Valley Zoning Code Revised.
4. All loading zones and service yards shall be screened from public view by plantings, walls, or a combination thereof. Such screening should conform architecturally or otherwise to the overall design of the restaurant and the larger commercial development within which it is located.
5. It is recognized that accumulated food waste materials on the premises tend to create a public nuisance and they shall be disposed of at least once every twenty-four (24) hours or as restaurant volume dictates. Spilled grease, oils, or fats located near refuse areas or any other area shall be promptly removed with a biodegradable solution.
6. Smoke and odor filtering devices shall be installed on all restaurants. Electrostatic incinerators shall be installed in all restaurants in order to control noxious emissions. The filter requirement may be waived at restaurants where no cooking takes place, i.e., sandwich shops.
7. Employee parking and stacking space for waiting automobiles shall be determined by the requirements of Section 27.7 and the Traffic Impact Analysis required in subsection M.11 of this section.
8. Grease traps shall be installed in all drive-through/drive-in restaurants. All grease traps shall conform to the standards contained in the 2003 International Plumbing Code.
Q. Sexually Oriented Businesses
1. Design Requirements
a. No drive-through shall be permitted.
b. All entrances and windows shall be designed in such a manner as to not allow persons outside the building to observe into the building. No display windows are permitted.
c. All canopies are to be connected to the roof of the main structure unless otherwise approved. Signage of any type is prohibited on canopies.
2. Location Requirements
a. No use shall be located less than one thousand five hundred (1,500) feet from any existing sexually oriented use, or within one thousand five hundred (1,500) feet of the property lines of any established religious institution/synagogue, public park or recreation area, any school or day care facility.
b. Uses shall be ancillary to and located in shopping centers. Use shall not be permitted in office parks.
c. Total floor area shall not exceed ten percent (10%) of the maximum allowable floor area ratio of the zoning district in which a shopping center is located. The total number of proposed uses shall not exceed one (1) pad per seventeen (17) acres of shopping center.
d. Parking lots for this use shall be accessible through one (1) point of ingress and egress.
3. Architecture
a. The architectural character of the buildings shall be integrated with the design theme of the center through the use of the same predominate building materials, shapes, details and colors. All parking, circulation, driveways, setbacks and signage shall be integrated with the entire design theme of the project.
4. Timing of Development
a. The conceptual design submittal for a shopping center shall be reviewed by the Conceptual Design Review Board and Town Council prior to submitting or simultaneously with the approval of a conceptual design submittal for any sexually oriented business.
b. Businesses shall not be open until a minimum of fifty percent (50%) of the net floor area of all other structures within the shopping center have been constructed.
5. Other
a. Permitted hours of operation shall be from noon to 10 p.m.
((O)11-15, Amended, 5/18/11; (O)06-06, Added, 4/19/06)
R. Temporary Real Estate Sales Office
1. The office shall be located within a model home built in accordance with the zoning where such office is located.
2. Temporary real estate sales offices shall be permitted for a period not to exceed two (2) years from the date of initial home sales.
3. At his discretion, the Planning and Zoning Administrator may grant extensions of time at the termination of the initial two (2) year period.
4. At his discretion, the Planning and Zoning Administrator may grant permission for a temporary real estate sales office to be located in a portable structure. All such structures must be approved by the Planning and Zoning Administrator prior to installation.
S. Tennis and Sports Clubs
1. The minimum property size shall be three (3) acres.
2. Fencing of courts shall not exceed twelve (12) feet in height and may be required to be opaque by the Town.
3. There shall be no shows, tournaments, or other activity that would generate more traffic than is normal to a residential area unless access is provided from an arterial street. Permission for such shows and activities must be obtained via a Special Use Permit.
4. There shall be a heavily landscaped buffer strip fifty (50) feet wide adjacent to any residential zoning district or as otherwise determined by the Town Council.
T. Timeshare Plan
1. Each timeshare unit development shall have an established association to ensure constant maintenance of the exterior and interior of the development.
2. On-site security shall be provided for each timeshare development.
3. On-site sales are not permitted.
4. These conditions will be reviewed during the development plan phase of the proposed timeshare unit.
U. Visitor Accommodations
In the R-4R district, commercial uses are permitted appurtenant to visitor accommodation use types, such as restaurants, excluding drive-in or drive-through types, cocktail lounges, and small retail shops; provided that the entrance to any such appurtenant use shall be from the lobby, arcade, or interior patio, unless otherwise approved by the DRB.
V. Medical Marijuana Uses
1. Medical Marijuana Dispensary. A permitted use subject to the standards below:
a. Supplemental Application. In addition to the standard required permit application, an applicant applying for a medical marijuana dispensary must complete a supplemental application that includes all of the following information:
i. If the application is by an agent for the owner the authorization must include an explicit acknowledgment from the owner that the owner knows that the proposed use of the property is as a medical marijuana dispensary.
ii. The legal name of the medical marijuana dispensary.
iii. The name and address of each principal officer and board member of the nonprofit medical marijuana dispensary.
iv. A copy of the operating procedures adopted in compliance with A.R.S. Section 36-2804(B)(1)(c).
v. A floor plan showing the location, dimensions and type of security measures demonstrating that the medical marijuana dispensary will meet the definition of “enclosed, locked facility” contained in A.R.S. Section 36-2801(6).
b. Development Standards
i. A medical marijuana dispensary must be located in a permanent building and may not be located in a trailer, modular building, cargo container or motor vehicle.
ii. A medical marijuana dispensary shall be set back a minimum of two thousand (2,000) feet from all other medical marijuana dispensaries measured from the parcel boundaries.
iii. A medical marijuana dispensary shall be set back a minimum of one thousand (1,000) feet from a public, private, parochial, charter, dramatic, dancing, music, or other similar school or educational or activity facility where children may be enrolled, measured from the parcel boundaries.
iv. A medical marijuana dispensary shall be set back a minimum of one thousand (1,000) feet from a child care center, measured from the parcel boundaries.
v. A medical marijuana dispensary shall be set back a minimum of one thousand (1,000) feet from a library or public park.
vi. A medical marijuana dispensary shall be set back a minimum of one thousand (1,000) feet from a church.
vii. A medical marijuana dispensary shall be set back a minimum of one thousand (1,000) feet from a residential substance abuse diagnostic and treatment facility or other drug or alcohol rehabilitation facility.
viii. A medical marijuana dispensary may not have a drive-through service.
ix. The maximum floor area of a medical marijuana dispensary is two thousand (2,000) square feet.
x. The secure storage area for the medical marijuana stored at the medical marijuana dispensary shall not exceed four hundred (400) square feet.
xi. The permitted hours of operation of a medical marijuana dispensary are between the hours of 9:00 a.m. and 5:00 p.m.
c. Permit Conditions. The Town may include any conditions it finds necessary to conserve and promote the public health, safety, convenience and general welfare. The Town must include the following permit conditions for issuance of the medical marijuana dispensary permit:
i. An expiration date that requires reapplication or renewal of the permit after a specified period of time.
ii. A requirement that the medical marijuana dispensary meets security requirements adopted by the Arizona Department of Health Services.
iii. A requirement that the storage facilities for the medical marijuana stored or grown on site prevent the emission of dust, fumes, vapors or odors into the environment.
iv. A requirement that the medical marijuana dispensary is prohibited from permitting anyone to consume marijuana on the premises.
v. A requirement that the medical marijuana dispensary comply with applicable sections of Title 10 (Offenses) of the Oro Valley Town Code.
2. Medical Marijuana Dispensary Off-Site Cultivation Location. A permitted use subject to the standards below:
a. Supplemental Application. In addition to the standard required application, an applicant applying for a medical marijuana dispensary off-site cultivation location shall complete a supplemental application that includes all of the following information:
i. If the application is by an agent for the owner, the authorization must include an explicit acknowledgment from the owner that the owner knows that the proposed use of the property is as a medical marijuana dispensary off-site cultivation location.
ii. The legal name and address of the affiliated medical marijuana dispensary.
iii. The name and address of each principal officer and board member of the medical marijuana dispensary affiliated with the off-site cultivation location and the name and address of each medical marijuana dispensary agent.
iv. A copy of the operating procedures adopted in compliance with A.R.S. Section 36-2804(B)(1)(c).
v. A floor plan showing the location, dimensions of and type of security measures demonstrating that the medical marijuana dispensary off-site cultivation location will meet the definition of “enclosed, locked facility” contained in A.R.S. Section 36-2801(6).
b. Development Standards
i. Medical marijuana dispensary off-site cultivation location must be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle.
ii. A medical marijuana dispensary off-site cultivation location shall be set back a minimum of two thousand (2,000) feet from all other medical marijuana dispensary offsite cultivation locations measured from the parcel boundaries.
iii. A medical marijuana dispensary off-site cultivation location shall be set back a minimum of one thousand (1,000) feet from a public, private, parochial, charter, dramatic, dancing, music, or other similar school or educational or activity facility where children may be enrolled.
iv. A medical marijuana dispensary off-site cultivation location shall be set back a minimum of one thousand (1,000) feet from a child care center.
v. The maximum floor area of a medical marijuana dispensary off-site cultivation location is two thousand (2,000) square feet.
vi. The secure storage area for the medical marijuana stored at the medical marijuana dispensary off-site cultivation location shall not exceed one thousand (1,000) square feet.
vii. A medical marijuana dispensary off-site cultivation location must be contained indoors.
c. Permit Conditions. The Town may include any conditions it finds necessary to conserve and promote the public health, safety, convenience and general welfare. The Town must include the following conditions for issuance of the permit for a medical marijuana dispensary off-site cultivation location:
i. An expiration date for the permit that requires reapplication or renewal of the permit after a specified period of time.
ii. A requirement that the medical marijuana dispensary off-site cultivation location meets security requirements adopted by the Arizona Department of Health Services.
iii. A requirement that the storage facilities for the medical marijuana stored or grown on site prevent the emission of dust, fumes, vapors or odors into the environment.
iv. A requirement that the medical marijuana dispensary off-site cultivation location is prohibited from permitting anyone to consume marijuana on the premises.
v. A requirement that the medical marijuana dispensary off-site cultivation location comply with applicable sections of Title 10 (Offenses) of the Oro Valley Town Code.
3. Medical Marijuana Designated Caregiver Cultivation Location. A permitted use subject to the standards below:
a. Development Standards
i. All conditions and restrictions for medical marijuana dispensary off-site cultivation locations except that the designated caregiver cultivation location cultivation area is limited to two hundred fifty (250) square feet.
ii. More than one designated caregiver may co-locate cultivation locations as long as the total cultivation area does not exceed two hundred fifty (250) square feet.
iii. The designated caregiver location must comply with the security requirements of A.R.S. Title 36, Chapter 28.
4. Medical Marijuana Qualifying Patient Cultivation Location. A permitted use subject to the standards below:
a. Development Standards
i. The qualifying patient cultivation location must be located in the C-1 or C-2 Commercial District as a permitted use or as an ancillary use to the qualifying patient’s primary residence.
ii. Medical marijuana cultivation as an accessory use to the qualifying patient’s primary residence must not be detectable from the exterior of the building in which the cultivation takes place.
iii. The qualifying patient cultivation location must comply with the security requirements of A.R.S. Title 36, Chapter 28.
((O)10-13, Amended, 10/27/10)
Section 25.2 Accessory Uses and Structures
A. Accessory Buildings - General
1. No accessory building shall be constructed upon a lot unless the construction of the main building has actually commenced
2. No accessory building shall be used for dwelling purposes other than by household employees working on the premises or relatives or other non-paying guests.
3. No accessory building shall be permitted in a front yard.
4. If setbacks for accessory building are not specifically called out within the applicable zoning district, accessory buildings must meet all side setbacks and shall not be constructed closer than five (5) feet to any rear lot line.
5. Accessory buildings used as a garage or carport having access from an alley shall not be located closer than 15 feet to the center line of said alley.
B. Abandoned or Junk Vehicles
1. All abandoned or junk vehicles undergoing major repairs or being restored shall be stored in an enclosed area by the owner or occupant of the property upon which such vehicle is located in such a manner as to not be visible from any point lying outside the property upon which abandoned or junk vehicle is stored or parked.
2. For the purposes of this Section:
a. Abandoned or junk vehicle means a vehicle or any major portion thereof that is incapable of movement under its own power and will remain so without major repair or reconstruction.
b. Major repair means the removal from any vehicle of a major portion thereof including, but not limited to, the differential, transmission, head, engine block or oil pan.
c. Vehicle means any self-propelled device in, upon, or by which any person or property is or may be transported upon a public highway excepting devices moved by human power or used exclusively upon stationary rails or tracks.
C. Home Occupations
1. Purpose
The purpose of this Section is to:
a. Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income.
b. Ensure home occupation activities are incidental to, and compatible with, the surrounding residential areas.
c. Establish criteria and standards for home occupations conducted in dwelling units in residential zones.
2. Definitions
a. A home occupation is defined as business or commercial activity that is conducted from property that is zoned for residential use.
b. Home occupation uses (Type I, see subsection 5. below), are allowed as authorized by subsection 5. and regulated by subsection 4, without a public hearing or permit requirement.
c. A home occupation use permit, (Type II, see Section subsection 6. below), is permitted when authorized by the Planning and Zoning Commission only after a public hearing, per subsection 9.
3. Home Occupation Permit Requirement
a. No Type II home occupation shall be permitted without the prior issuance of a home occupation Type II permit.
b. The Town of Oro Valley acknowledges that private covenants, conditions, and restrictions (CC&Rs) agreements exist between private property owners in many homeowners associations. Nothing in Section 25.2.C. of this Code shall be interpreted to void the provisions of those agreements.
4. Home Occupation Standards
a. All home occupations, whether authorized and regulated as a Type I or Type II Use, shall conform to the following standards:
i. Employees
a) Type I uses, residents only;
b) Type II permit, only one (1) non-resident may be employed on the home occupation premises.
b. No mechanical equipment is to be used except that which is necessarily, customarily, or ordinarily used for household, non-business, non-commercial purposes.
c. Storage of toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other hazardous materials must comply with the 2003 International Building Code and/or the International Fire Code and will not create an unsafe condition.
d. There shall be no outdoor open operations, storage, or display of materials or products.
e. There shall be no alteration of the property’s exterior residential appearance.
f. There shall be no alteration of the residential or detached accessory building floor plan which creates a solid barrier between the home occupation area and the remaining floor area of either the residence or a detached accessory building.
g. There shall be no process or materials used which are hazardous to public health, safety, or welfare.
h. Home occupations resulting in visitors, customers, or deliveries with a potential for creating vehicular traffic in excess of twenty-five percent above that normally and reasonably occurring in a residential area as determined by the Planning and Zoning Administrator, are to be reviewed by the Town as a Type II Home Occupation.
i. Home occupation uses to be located in non-living space area of a building space will require a building permit to convert the area to building codes living space standards prior to occupancy for the home occupation.
j. Home occupation uses will be clearly incidental and subordinate to the residential use of the property. They shall not occupy more than 25 percent of the property’s living space floor area.
k. The home occupation use shall not involve the use or storage of tractor trailers, semi-trucks, or heavy equipment such as contractor’s or landscaper’s equipment.
l. The home occupation use shall produce no noise in violation of Town Code, Chapter 10, nor shall it produce sustained or obnoxious odors, vibrations, glare, fumes, dust, heat, or electric interference which are detectable and unpleasant to normal sensory perception beyond the perimeter of the property;
m. The home occupation shall have no on-site sales or public display of stock-in-trade upon the premises.
n. If the home occupation requires the conversion of existing parking for business use, an equal number of off-street parking spaces shall be provided on-site. If the home occupation use requires additional parking beyond existing parking spaces, based on the provisions of Section 27.7, the additional parking shall be provided on-site.
o. No signs shall be allowed for any home occupation pursuant to Section 28.9, Prohibited Signs.
5. Type I Home Occupation Descriptions
i. A Type I home occupation may be conducted within the primary dwelling unit, or within a detached accessory building. It has resident employees only and no discernible impact on the residential character of the neighborhood. Type I uses are primarily office or hobby-type and similar scale uses, including but not limited to:
a) Architectural service.
b) Consulting service.
c) Home base office for direct-sale product(s) with no on-site sales, display of product(s), or distribution of product(s).
d) Drafting or graphic service.
e) Dressmaking, sewing, tailoring, or contract sewing (one machine).
f) Engineering service.
g) Financial planning, investment service.
h) Home crafts (including ceramics with a single kiln up to six (6) cubic feet), but no on-site sales.
i) House cleaning service.
j) Insurance office.
k) Real estate office.
l) Interior design.
m) Mail order (excluding direct on-site sales, distributions of merchandise, or pick-ups).
n) Sales representative (office only).
o) Typing or word processing service.
p) Writing, computer programming, or computer applications.
q) Child-care service for no more than four (4) (non-resident) children at any given time.
r) Flower arranging.
s) Jewelry making or jeweler.
t) Legal service.
u) Tutoring, limited to one (1) student at any given time.
v) Music lessons, limited to one (1) student at any given time, provided that provisions are taken to ensure audio levels are reasonable within the limits of the Town’s Code, Article 10-1-4, Noise.
w) Analogous uses as determined by the Planning and Zoning Administrator.
6. Type II Home Occupation Descriptions
a. A Type II home occupation may be conducted wholly within the primary dwelling unit, in a detached accessory building, or outdoors as approved by the Planning and Zoning Administrator. It may have one (1) non-resident employee on the home occupation premises, and it may have some minor, adverse impact on the neighborhood.
i. Outdoor sport lessons, such as tennis, volleyball, racquetball, baseball, equestrian, or bicycle.
ii. Bed and breakfast service.
iii. Tutoring, teaching, and music lessons with more than one (1) student, but not more than six (6) students, at any one (1) time and provisions are taken to ensure audio levels are reasonable.
iv. Child-care group home, caring for five (5) to ten (10) children, age twelve and under, also, prior to the operation of the child-care group home, an Arizona Department of Health Services (ADHS) State approval is required.
v. Small electronic component assembly, excluding television repair, refrigerator, and large appliance repair.
vi. Massage therapy.
vii. Contractor’s office, including businesses, such as, landscaping, masonry, plumbing, or painting, (excluding equipment/materials storage yards).
viii. Analogous uses as determined by the Planning and Zoning Administrator.
7. Prohibited Home Occupation Uses
a. Some uses are prohibited because they have the potential to involve the storage or use of large vehicles or equipment on-site; create traffic or parking problems; create excess noises, odors, or other adverse impacts; or to expand beyond the limits permitted for home occupations. These include but are not limited to:
i. Ambulance service.
ii. Appliance repair.
iii. Automobile repair, parts sales, upholstery, detailing, washing, or painting.
iv. Beauty parlors, skin care salons, tattoo parlors, and barber shops.
v. Carpentry or other woodworking such as: cabinet making, furniture making, or volume-produced wood products.
vi. Boarding house.
vii. Ceramics (kiln over six (6) cubic feet).
viii. Health salons, gyms, dance studios, and aerobic exercise studios.
ix. Helium balloon service.
x. Limousine or pedicab service.
xi. Medical or dental office.
xii. Mortician or hearse service.
xiii. Palm reading or fortune telling.
xiv. Private clubs.
xv. Commercial food preparation.
xvi. Retail sales from site (except direct distribution).
xvii. Tow truck service.
xviii. Upholstery.
xix. Veterinary uses including grooming or boarding.
xx. Ongoing garage sales excluding private homeowner’s garage sales not exceeding one (1) garage sale per quarter.
xxi. Motorized outdoor sport products, such as: radio controlled miniature airplanes, motorcycle track, go-cart racing.
xxii. Photo developing or photo studios.
xxiii. Welding shop.
xxiv. Analogous uses as determined by the Planning and Zoning Administrator.
8. Review and Appeal Procedure
a. Type II home occupation permits, which may be revocable, conditional, or valid for a term period, may be granted or denied by the Planning and Zoning Commission after a public hearing and a finding that the use meets the home occupation standards herein. The public hearing will be scheduled and noticed as follows:
i. The date of the public hearing before the Planning and Zoning Commission shall be set no more than 50 days from the date of application. The date, time, and place of such public hearing and the nature of the use permit requested shall be published in a newspaper of general circulation in the Town of Oro Valley and one (1) notice of the said hearing shall be posted conspicuously on the property. Both such publication and posting shall give 15 days notice of such Planning and Zoning Commission meeting. It shall be the responsibility of the applicant to maintain the posting.
ii. The notice, as published and posted, upon application, at the applicants request shall be sent by regular mail to property owners of property within 300 feet, not less than 15 days prior to the date of the first public hearing. The applicant shall submit to the Town Clerk an accurate verified list made within 60 days prior to the date of hearing before the Planning and Zoning Commission giving the names and addresses of the recorded owners of all properties, any part of which is within 300 feet of the proposed use permit, or more as the Planning and Zoning Administrator may determine necessary to provide reasonable notice. Failure of property owners to receive such notice shall not invalidate a use permit that may be subsequently approved.
iii. Decisions of the Planning and Zoning Administrator may be appealed to the Board of Adjustment within 30 days from date of decision. Decisions of the Planning and Zoning Commission may be appealed to the Town Council within 30 days from date of decision.
9. Validity of Type II Home Occupation Permit
The Planning and Zoning Administrator may cite any home occupation use for non-compliance with the criteria set forth in this chapter and/or conditions set by the Planning and Zoning Commission. Revocation may take place at any time it is determined the home occupation is in non-compliance. If the permit is revoked, it becomes null and void, and said use shall be terminated immediately.
10. Inspections
A home occupation property owner shall permit inspections of the premises by the Planning and Zoning Department to determine compliance with this chapter.
D. Swimming Pools
1. No swimming pool shall be located closer than 5 feet to any rear property line.
2. Swimming pools shall be subject to the front and side setbacks of the zone in which they are permitted.
3. Any portion of a pool wall constructed with a distance from a property line less than the depth of the pool may be subject to special structural requirements.
Section 25.3 Temporary Uses and Structures
A. Special Uses
1. Special Use Permits
a. The Planning and Zoning Administrator may approve permits for special uses (see Chapter 31, Definitions) for any temporary use of property, developed or undeveloped, within the Town of Oro Valley.
b. Approval shall account for the potential negative impacts of the proposed special use on surrounding properties with respect to:
i. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination;
ii. Hazard to persons and property from possible explosion, contamination, fire or flood;
iii. Unusual volume or character of traffic not adequately addressed through traffic control measures; and,
iv. Compatibility of said special use with the surrounding area
c. If potential negative impacts are not extant or can be mitigated, and all Town concerns are or can be satisfied, the Planning and Zoning Administrator may approve and authorize issuance of the requested special use permit. A time limit, not to exceed 60 days, and any other conditions deemed necessary to protect the public health, safety and general welfare, may be imposed as conditions.
d. At his/her discretion, the Planning and Zoning Administrator may grant temporary modifications to Zoning Code requirements specific to the needs of a special use on a case-by-case basis. Any such modification approved shall not be construed as precedent setting, nor shall it be deemed applicable to any other special or permitted use.
2. Other permits required
Subsequent to approval, the applicant for the special use permit must obtain from the Town Clerk all necessary business and tax licenses required to operate within the Town and any other required permits, such as those for signs.
3. Revocation of Special Use Permit
The violation of any condition imposed by the Planning and Zoning Administrator on special use permit approval shall constitute a violation of this ordinance and, subject to 24 hours’ notice, said permit may be revoked. If revocation of a special use permit occurs, said special use must be curtailed at the end of the 24 hour notification period.
B. Basement or Cellar Occupancies
No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed, and in no event shall the basement or cellar be occupied for longer than two (2) years from the time of completion of the basement or cellar.
C. Temporary Buildings
Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary buildings shall be removed upon completion or abandonment of the construction work. Absence of work on a project for 60 days will constitute abandonment. Temporary buildings and trailers must be removed within 30 days of project completions.
D. Temporary Mobile Home Occupancies
Upon issuance of a building permit, a mobile home/trailer may be used for dwelling purposes for not more than 180 days during construction of a residence on the same premises, which period may be extended for an additional 90 days upon application to the Planning and Zoning Administrator if there is evidence of special circumstances.
Code Reviser’s Note: Ord. No. (O)11-23 provides that its amendments expire on February 1, 2013.
Code Reviser’s Note: Ord. No. (O)11-23 provides that its amendments expire on February 1, 2013.