Chapter 31
DEFINITIONS
For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural shall include the singular; the word “building” shall include the word “structure”, the word “lot” shall include the word “plot”; the word “may” is permissive and the word “shall” is mandatory, further, the word “or” shall mean “either” and the word “and” shall mean “in conjunction with”. Zone shall mean district.
1. Abutting
Shall mean the condition of two (2) adjoining properties having a common property line or boundary including cases where two (2) or more lots adjoining only a corner or corners, but not including cases where adjoining lots are separated by a street or alley.
2. Access or Access Way
Shall mean the place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by this ordinance.
3. Access Drive
The drive on which vehicles are allowed ingress and egress from a site.
4. Access Road
A road within one (1) mile of the grading site, designated on the approved grading plan, and used during grading, for the transport of grading equipment, hauling of fill and other equivalent traffic to and from the grading site.
5. Accessory Building
Shall mean a building, the use of which is customarily incidental to that of a dominant use by the occupants of the main building or by their non-paying guests and employees.
6. Accessory Use
Shall mean a use customarily subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or building or adversely affect other properties in the district.
7. Acre
Shall mean a land area measuring 43,560 square feet.
7A. Active Restoration
The process of taking specific intentional actions to re-establish natural processes, vegetation, and habitat of an ecosystem.
(Ord. (O)11-01, Added, 2/16/11)
8. Adjacent
Shall mean the condition of being near to or close to, but not necessarily having a common dividing line (e.g., two (2) properties that are separated only by a street or alley shall be considered as adjacent to one another).
9. Adjusted Gross Acreage
Shall mean the total acreage contained within a development, less acreage in required arterial streets, drainageways, and existing permanent land uses.
10. Deleted by Ord. 06-06.
11. Deleted by Ord. 06-06.
12. Deleted by Ord. 06-06.
13. AEZ
Airport Environs Zone as established by the Compatible Use Zone Map.
14. Agricultural Building
Shall mean a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated, or packaged; nor shall it be a place used by the public.
15. Aircraft
Shall mean any airborne vehicle capable of carrying at least one (1) person and shall include, but not be limited to, airplanes, helicopters, rotorcraft, gliders, hang-gliders, motorized or non-motorized balloons, dirigibles, and blimps. Take-off and landing of all aircraft is expressly prohibited in all zones unless specifically permitted.
16. Airport/Airstrip
Shall mean any area which is used, or is intended to be used, primarily for the take-off and landing of aircraft and any appurtenant areas which are used, or intended to be used, for airport buildings or facilities, including open spaces, taxiways and tie-down areas, hangars and other accessory buildings.
17. Alley
Shall mean a public way, which affords only a secondary means of vehicular access to abutting property and is not intended for general traffic circulation. An alley line shall mean the centerline of an alley right-of-way as determined by the Town Engineer.
18. Alteration
Shall mean any change, addition, or modification in construction, structure, or occupancy.
19. Amateur Radio Operator
Shall mean a Federally licensed member of the amateur radio service, which is a voluntary, noncommercial communication service, particularly with respect to providing emergency communications.
20. Amendment
Shall mean a change in the wording, context, or substance of this code, an addition or deletion or a change in the district boundaries or classification upon the district map which imposes any regulation not heretofore imposed or removed or modifies any such regulations heretofore imposed.
21. Amusement Park
Shall mean a commercial amusement activity such as a carnival, circus, miniature golf course, or similar establishment, which does not require an enclosed building.
22. Analogous Use
Shall mean any use which is substantially similar to the permitted uses. Analogous uses shall not be any more deleterious, obnoxious, or harmful in terms of traffic generation, use impacts, and types of activities involved. Example: Ballet studio analogous to dance studio.
23. Ancillary
Shall mean uses, whether permitted or conditional, subordinate or secondary to primary, permitted land uses.
24. Animal Clinic or Animal Hospital
Shall mean a place where animals or pets are given medical or surgical treatment in emergency cases and are cared for during the time of such treatment. Use as a kennel shall be limited to short-term boarding and shall be only incidental to such hospital use and shall be enclosed in a soundproof structure.
25. Animation
The movement or the optical illusion of movement of a design, or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity.
26. Antenna
Shall mean any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. Any device, including DBS satellite dishes, used to receive signals from direct broadcast satellites (DBS); multi-channel multi-point distribution providers (MMDS); and television broadcast stations (TVBS).
27. Antenna, Ground-Mounted
Is any antenna with its supports placed directly on the ground.
28. Apartment Building
Shall mean any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in the said building and shall include flats and apartments, but shall not include condominiums as defined in this chapter.
29. Approval
Written notice by the Town accepting the design, progress or completion of work.
30. Approved Plan
The most current grading plan which bears the authorized signature of review and acceptance by the Town.
31. Approved Testing Agency
A testing lab which is equipped to perform and certify the tests required by this code and whose testing operations are controlled and monitored by a civil engineer.
32. Archaeological Site
(Repealed by (O)11-01, 2/16/11)
33. Area Lighting
Lighting which is primarily designed to illuminate an area of a development and may coincidentally illuminate one (1) or more sign faces.
34. Art Gallery
An establishment for the display and/or sale of fine art, crafts, photography, or other art-related work.
35. Artifact
Means objects which are a product of human modification, or objects which have been transported to a site by people. In this Town, artifacts over fifty (50) years are protected by Section 27.2.
35.1 Artist
Shall mean an individual generally recognized by critics and peers as a professional, full time practitioner of the visual arts, as judged by the quality of that professional practitioner’s body of work, education, experience, past commissions, exhibition record, publications, and production of artwork.
((O)08-23, Added, 12/3/08)
36. Assurances
Shall mean monies or third party agreement with an agency authorized to do business in the State of Arizona guaranteeing the performance on the installation of all required improvements.
37. Automobile Dealer, New
Shall mean a franchised agency selling new motor vehicles and providing services commonly associated with motor vehicle sales. A new automobile dealership may include the sale of used motor vehicles.
38. Automobile Dealer, Used
Shall mean an agency selling used motor vehicles not in conjunction with and on the same site as a new motor vehicle franchise and providing services commonly associated with motor vehicle sales.
39. Automobile Storage Facility
Shall mean a building or lot or portion thereof designed or used exclusively for housing or storing of four (4) or more motor driven vehicles.
40. Automotive Repair
Shall mean all aspects of the repair of motor vehicles including, but not limited to, lubrication, tune-up, and preventive maintenance.
41. Average Cross Slope
Shall mean and be calculated as follows (for appropriate application, see Section 27.10.D.3.g.iii):
|
I x L x .0023 |
|
A |
I - Contour interval in feet
L - Combined length in feet of all contour lines measured on the parcel excluding all areas of 15 percent or greater slope
.0023 - Conversion factor - square feet into acres x 100
A - Area of parcel in acres, excluding 15 percent or greater slopes.
42. Balcony
Shall mean that portion of a building which projects into the required yard and where the floor height of said projection is not less than four (4) feet above grade.
43. Bank or Financial Institution
Shall mean any person or firm engaged in the inter-mediation of funds; this includes, but is not limited to, banks, savings and loans, financial corporations or mortgage companies.
44. Bar or Cocktail Lounge
Shall mean an establishment whose primary business is the service of alcoholic beverages to the public for consumption on the premises.
45. Barn
Shall mean a building used for the storage of farm products, for feed and for the housing of farm animals or farm equipment.
45A. Base Zoning Dwelling Count
Shall be calculated by dividing the gross land area of the site or parcel, before any required dedications for right-of-way or drainage, or designations for open space or other zoning code requirements, by the base zoning minimum lot size to identify the potential dwelling unit yield of the site or parcel.
Base Zoning Dwelling Count = Gross land Area ÷ Minimum Lot Area of Base Zone
(Ord. (O)11-01, Added, 2/16/11)
46. Basement
Shall mean that portion of a building underground and having at least one-half (1/2) of its height measured from its floor to its ceiling below grade. A basement shall be counted as a story if the vertical distance from grade to its ceiling is more than two (2) feet.
47. Bicycle Parking Facility
Means a structure that provides temporary placement for bicycles.
48. Bicycle Parking Space
Is an area designated within a facility for the use of an individual bicycle.
49. Block
Shall mean a piece or parcel of land or group of lots entirely surrounded by public streets, streams, railroads or parks or a combination thereof.
50. Boardinghouse or Lodging House
Shall mean a structure(s) used for multiple human occupancy where individuals do not have common access to all living, eating, kitchen, and storage areas within said structure(s).
51. Bona Fide Household Employee’s Quarters
Shall mean an accessory building located on the same premises with the dwelling unit used solely as the dwelling of persons employed on the same premises as the dwelling unit, such quarters having no kitchen facilities.
52. Borrow
Earth material acquired from an off-site location for use in grading a site.
53. Brushing
The selective removal of vegetation.
54. Buffer Area
Open spaces, landscaped areas, fences, walls, beams or any combination thereof used to physically separate or screen one use or property from another.
55. Buffer Yard
A unit of yard containing only native desert or constructed landscaping, including organic and inorganic materials, for the purpose of providing separation between adjacent land.
56. Buildable Area
Is the area where a building can be placed after the designation of natural open space.
57. Building
Shall mean any structure for the shelter, housing, or enclosure of persons, animals, chattels, or property of any kind with the exception of doghouses, play houses and similar structures. Each portion of a building separated by dividing wall or walls without openings may be deemed as a separate building for the purpose of issuing building permits.
58. Building Frontage
The maximum dimension of the building front project to a straight line parallel to the street.
59. Building, Height of
Shall mean the vertical distance measured from the grade found along the outside walls of a building to the highest point of the building, excluding any chimney. This definition applies only to a building footprint where the natural cross-slope is less than six (6) percent.
60. Building Height (Sloped Area)
Shall mean the maximum vertical distance measured from natural grade to the highest point of the building directly above, excluding any chimney. This definition applies only to a building footprint where the natural cross-slope is six (6) percent or more.
61. Building Height Contour Line
Is located at the building height permitted by Oro Valley zoning above the existing pre-development grade and parallel to the contour of the existing pre-development grade.
62. Building Line
Shall mean a line between which and the street right-of-way line no building or structure, or portion thereof, shall be erected, constructed, or otherwise established.
63. Building Mounted Antenna
Shall include any antenna that is attached to the walls of, or integrated into buildings, religious institution steeples, cooling towers, elevator bulkheads, parapets, penthouses, fire towers, tanks, and water towers, or other structures.
((O)07-33, Amended, 9/19/07)
64. Building Segment
Shall mean, for the purposes of the Hillside District, that portion of a building which has a single finish floor elevation.
65. Building Site
Shall mean the area of a building together with associated parking areas and open space required by this code. A building site may encompass more than one (1) lot.
66. Business Frontage
The lineal distance of the building space occupied by the particular business projected to a straight line parallel to the face of the building in which the main entrance into that particular business is located.
67. Car Wash, Automatic
Shall mean a building or structure or portion thereof where chain conveyors, blowers, steam cleaners, and other mechanical devices are employed for the purpose of washing motor vehicles.
68. Car Wash, Self-Serve
Shall mean a facility for the cleaning and washing of motor vehicles including interior cleaning and vacuuming and waxing by means of self-service mechanical apparatuses, manual labor by the driver or a combination thereof.
69. Carport
Shall mean an accessory building or portion of a main building with one (1) side totally open and one (1) or more partially open sides designated or used for the parking of motor vehicles. Enclosed storage facilities may be provided as part of a carport.
70. Cellar
Shall mean that portion of a building between floor and ceiling which is 75 percent or more below grade and is not habitable space.
71. Cemetery
A parcel of land or structure dedicated to, and at least a portion of which is being used, for the interment of human or animal remains. A cemetery may include crematories, mausoleums, and columbaria.
72. Character
Any letter, number, logo (as defined in this Chapter) or symbol.
73. (Repealed by (O)07-33, 9/19/07)
74. Class 1: Bicycle Parking Facility
Means a facility designed for temporary storage of an entire bicycle and its components and accessories and to provide protection against inclement weather, the extreme heat of the desert climate, and theft. The facility may 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 Zoning Administrator.
75. Class 2: Bicycle Parking Facility
Means the facility provides a stationary object to which the operator can lock the bicycle frame and both wheels with a user provided u-shaped lock or a cable and lock.
76. Clearing
The substantial removal of vegetation by manual or mechanical means.
77. Coin-Operated Laundry and Cleaning Service
Shall mean establishments primarily engaged in the operation of coin operated or similar self-service laundry and dry cleaning equipment for use on the premises.
78. Collocation
Means the use of a single mount and/or site by more than one Wireless Communications Service Provider.
79. Commission
Shall mean the Planning and Zoning Commission of the Town of Oro Valley unless the context indicates otherwise.
80. Communications Nuisance
A use which creates interference with radio communications and electronic navigational aids or devices, including instrument landing systems, for aircraft using the airport.
81. Community Residence
A dwelling unit shared as a primary residence by the disabled, or disabled elderly persons, living together as a single housekeeping unit in which staff provides on-site care, training or support for the residents. 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. Community residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or a residence for a criminal offense, or a residence which provides drug and/or alcohol rehabilitation.
81A. Conceptual Architectural Design Plan
Shall mean the conceptual architectural elevations prepared in accordance with this Code and an element of the conceptual design review process.
((O)11-15, Added, 5/18/11)
81B. Conceptual Design Review
Shall mean the concurrent review and approval process for conceptual site plan, conceptual public artwork plan and conceptual architectural plan by Town staff, the Conceptual Design Review Board, and the Town Council.
((O)11-15, Added, 5/18/11)
81C. Conceptual Design Review Submittal
Shall mean the conceptual design review submittal package consisting of the conceptual site plan, conceptual architectural design plan and the conceptual public art plan submittals.
((O)11-15, Added, 5/18/11)
81D. Conceptual Public Artwork Plan
Shall mean the conceptual art plan prepared in accordance with Section 27.3.G and an element of the conceptual design review process.
((O)11-15, Added, 5/18/11)
81E. Conceptual Site Plan
Shall mean the conceptual plan for a residential or non-residential development, including the items required in Section 22.9.D and as specified by current Town policy.
((O)11-15, Added, 5/18/11)
82. Conditional Approval
Shall mean an affirmative action by the Conceptual Design Review Board or Town Council indicating that approval will be forthcoming upon satisfaction of certain specified stipulations.
((O)11-15, Amended, 5/18/11)
83. Condominium
Shall mean an estate in real property consisting of an undivided interest in common in a portion of said real property together with the right of exclusive occupancy of a unit located thereon.
83A. Conservation
Shall mean, in the context of the environmentally sensitive lands conservation system, the use and management of land to eliminate waste and maximize efficiency of use while yielding the highest sustainable benefit to present generations and maintaining the natural resources in such a state that they remain biologically viable and they can provide for the benefit of future generations.
(Ord. (O)11-01, Added, 2/16/11)
84. Conservation Easement
Is an easement delineating an area that will be kept in its natural state.
84A. Construction Drawings
Shall mean all documents required for construction that depict all elements of the final layout and design at construction-level detail. The construction drawings include the final site plan based on the approved conceptual site plan, as well as the native plant preservation, salvage and mitigation plan and landscape, irrigation, and buffer yard plans, final public art plans, final architecture plans, building plans and improvement plans.
((O)11-15, Added, 5/18/11)
85. Convalescent Home or Nursing Home
Shall mean any place or institution which makes provisions for bed care or for chronic or convalescent care for one (1) or more persons exclusive of relatives who, by reason of illness or physical infirmity, are unable to properly care for themselves. Alcoholics, drug addicts, persons with mental diseases and persons with communicable diseases including contagious tuberculosis, shall not be admitted or cared for in these homes licensed under the State of Arizona as a convalescent and nursing home.
86. Convenience Use
A use is designated as a “convenience use” if the method of operation includes one (1) or more of the following characteristics:
a. Gas Station.
b. The primary business is the sale of food or drink for consumption, either on or off premises, over a counter, or from an outdoor service window or automobile service window. Of the food and drink sold, at least 20 percent is in disposable or carry out containers.
c. Drive-in and drive-through restaurants.
d. Stores less than 7,500 square feet where food and drink, which may include packaged alcoholic beverages, are sold. Such items are sold primarily for consumption off premises.
e. All other drive-through uses including drive-through liquor store, drive-through laundry/dry cleaners and drive-through video stores.
f. Delicatessens.
87. Corral Fence
Shall mean a fence-type structure consisting of vertical posts and horizontal members and so constructed that seventy-five percent (75%) or more of the vertical surface is open. Chain link or other similar types of wire fences are not intended to be included in this definition and shall be classified as a fence or wall.
87.5. Crime Prevention Through Environmental Design (CPTED)
A multidisciplinary approach to deterring criminal behavior through environmental design. The environmental design should encourage desirable behavior and functionality. CPTED emphasizes surveillance, access control, and definition of ownership.
((O)11-05, Added, 4/20/11)
88. Town Council
Shall mean the common Town Council of the Town of Oro Valley.
89. Cul-de-Sac
Shall mean a street with no outlet which terminates in a circular right-of-way. Cul-de-sacs shall be developed in accordance with the Oro Valley Subdivision Street Standards.
90. Cultural Resource
Any prehistoric or historic site or object having historical, architectural, archaeological, or community importance, including artifacts, records, and material remains related to such property or resource.
(Ord. (O)11-01, Added, 2/16/11)
90A. Cultural Resource Professional
Shall include archaeologists, architects, architectural historians, and historians who meet the minimum professional qualifications established by the Secretary of the Interior’s Professional Qualification Standards.
(Ord. (O)11-01, Added, 2/16/11)
90B. Cultural Resources Survey
An activity with the purpose of locating and identifying cultural resources without causing any disturbance of the ground.
(Ord. (O)11-01, Added, 2/16/11)
91. Custom Home Subdivision
Shall mean a subdivision in which all homes are designed individually and in which no model homes are constructed.
92. Cut
Vertical removal of earthen material.
93. Dangerous Activity, Hazard or Obstruction
An activity, structure, vegetation or other use which is dangerous to persons or aircraft using the airport or which is an obstruction or hazard to air navigation.
94. Day Nursery
Shall mean a public or private establishment providing care and supervision for five (5) or more children not related to the proprietor.
95. Dedication
Is a conveyance of fee simple or property rights to Oro Valley or another public agency.
96. Density
Shall mean a ratio of the number of dwelling units to the gross land area unless otherwise stated.
97. Density Based Land Uses
Shall mean those of a residential nature.
98. Desert Varnish
Is a black or brown shiny crust on rocks, which consists mainly of iron and manganese oxides.
98A. Design Review
Shall mean the complete two (2) stage process of development review, including all elements, requirements, reviews, approvals and processes related to conceptual design review and final design review by the CDRB, staff and Town Council.
((O)11-15, Added, 5/18/11)
99. Developer
Shall mean an individual, firm, corporation, partnership, association, syndication, trust or other legal entity, or representative thereof, that files the application and initiates proceedings for the development of land in accordance with the provisions of Sections 22.5 and 22.9 and the developer need not be the owner of the property.
100. Development Committee
Shall mean the personnel designated to meet with a developer during the development plan, subdivision, and platting process.
101. (Repealed by (O)11-15, 5/18/11)
102. (Repealed by (O)11-15, 5/18/11)
103. Disability
A physical or mental impairment which substantially limits one (1) or more of a person’s major life activities, impairs their ability to live independently or a record of having such an impairment, or being regarded as having such an impairment, but such term does not include current use of, nor addiction to, a controlled substance.
104. District
Shall mean any zone as shown on the Zoning Map of the Town of Oro Valley for which there are uniform regulations governing the use of buildings and premises or the height and area of buildings.
105. District Map
Shall mean the official zoning map of the Town of Oro Valley, which is a part of the zoning ordinance of the Town of Oro Valley.
106. Drainage Swale
A designed invert that collects site drainage and directs it to a point of discharge.
107. Driveway
The principal access route from the roadway adjacent to a lot, to the lot’s primary off-street parking area.
108. Dwelling
Shall mean any building, or portion thereof, which is designed exclusively for residential purposes.
109. Dwelling, Multiple
Shall mean a building, or portion thereof, designed for occupancy by three (3) or more families.
110. Dwelling, Single-Family
Shall mean a building designed for occupancy by one (1) family.
111. Dwelling, Two-Family (duplex)
Shall mean a building designed for occupancy by two (2) families.
112. Dwelling Unit
A building, or portion of a building, arranged, designed or used as living quarters, including bathroom and kitchen facilities, sleeping and living areas, for a family.
113. Easement
Shall mean a grant by the owner of the use of a strip of land by the public, a corporation, or persons for specific uses and purposes and is so designated.
114. Efficiency Apartment
Shall mean a dwelling unit which has only one (1) combined living and sleeping room; said dwelling unit, however, may also have a separate room containing only kitchen facilities and also a separate room containing only sanitary facilities.
115. Emergency
An unforeseen event requiring prompt action. Should action required to alleviate said unforeseen event, require a grading permit, the Town will be notified of the action within seventy-two (72) hours.
116. Engineering Plan
Shall mean plans, profiles, cross sections, and other required details for the construction of public improvements prepared by a registered engineer in accordance with the approved preliminary plat and in compliance with standards of design and construction approved by the Town Council.
117. Envelope, Building
a. A dwelling unit and all attached roofed structures, including carports or patio ramadas;
b. For non-residential development, the building envelope shall be the main building and all attached roofed structures.
118. Envelope, Development
The sum of the areas of the permit holder’s land to be graded, including the building envelope, accessory buildings, and areas of related parking, driveways, swimming pools, walls and other accessory structures, but excluding individual sewage disposal systems.
119. Environmentally Sensitive Lands
Shall mean lands which have been found to contribute to the aesthetic character of the immediate area, such as unique or heavy plant, tree or cacti growth or species, including, but not limited to those lands restricted by additional overlay districts.
119A. Environmentally Sensitive Open Space (ESOS)
Comprised of lands designated as permanent, natural open space in accordance with the requirements of Section 27.10.
(Ord. (O)11-01, Added, 2/16/11)
120. Equipment Building or Structure
Is an accessory building or structure used to house necessary equipment used by communication providers at a facility.
121. Erosion
The wearing away of the ground surface as a result of the movement of wind, water or ice.
122. Exaction
Is to construct a public improvement or facility or pay cash in lieu of construction of the public improvement or facility.
123. Excavation
The mechanical, manual, blasting, or other such means for removal of earth material.
124. Exception
Shall mean any parcel of land that is within the boundaries of the subdivision but is not owned by the subdivider.
125. Exposed
To cause to be open to view.
126. Recreation Area In-Lieu Fee Calculation
The recreation area in-lieu fee shall be determined by the Town, with a written appraisal report prepared by an appraiser acceptable to the Town. For the purposes of this Chapter, the determination of the recreation area in-lieu fee shall consider, but not necessarily be limited to, the following:
a. Approval of and conditions of the preliminary plat.
b. The general plan.
c. Conditional zoning.
d. Property location.
e. Off-site improvements facilitating use of the property.
f. Site characteristics of the property.
g. The recreation area in-lieu fee calculation shall be based on the improved value of the land, including structures and facilities required by Section 26.5, design and construction costs and having the applicable infrastructure (roadways, drainage, water, electric, telephone and sewer) installed to the park area(s).
((O)11-05, Amended, 4/20/11)
127. Family
A person living alone, up to but no more than ten (10) persons unrelated to each other by blood, marriage or legal adoption, living together in a dwelling unit existing solely as a single housekeeping unit, with common access to all living, eating, kitchen and storage areas within the dwelling unit.
128. Farm
Shall mean a contiguous area of one hundred forty-four thousand (144,000) square feet or more which is used for the production of farm products such as:
a. Field crops, truck gardening, berry or bush crops, tree crops, flower gardening, nurseries, and orchards.
b. Grazing and raising of horses and livestock other than swine with no more than one (1) head of livestock more than six (6) months of age per thirty thousand (30,000) square feet of lot area.
c. Raising of poultry, rabbits, and similar small animals.
129. Fascia
A parapet-type wall used as part of the facade of a flat-roofed building and projecting from the building face immediately adjacent thereto. Such a wall shall enclose at least three (3) sides of the projecting flat roof.
130. Fill
Vertical addition of earthen material.
131. Filter Fabric
A woven or non-woven, water-permeable material generally made of synthetic products, such as polypropylene, used in storm water management and erosion and sediment control applications to trap sediment or prevent the clogging of aggregates by fine soil particles.
131A. Final Design Review
Shall mean the review and approval process for construction drawings, including final site plan and/or final plat, and subject to approval by Town staff and Town Council for final plats.
((O)11-15, Added, 5/18/11)
132. Final Inspection
Field inspection conducted by the Town prior to project acceptance of release of assurances.
133. Final Plat Approval
Shall mean an unconditional approval of the final plat by the Town Council, as evidenced by certification on the plat by the Mayor and constitutes authorization to record a plat.
134. Fitness Center
Shall mean a place or building where exercises and related activities are performed for the purpose of weight control and/or physical fitness. Fitness center shall exclude all types of equipment or apparatus used for weight control or muscle building and shall exclude massage in any form.
135. Flag
Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
136. Floodplain
The relatively flat areas or low lands adjoining the channel of a watercourse, or areas where drainage is or may be restricted by man-made structures which have been or may be covered partially or wholly by floodwater.
137. Floor Area Ratio
Shall mean the ratio of gross building floor area to the net lot area of the building site.
138. Freestanding
Shall mean any structure, which is not attached to any other structure or portion of a structure. Structures, which are linked by pedestrian walkways, are deemed to be freestanding. Freestanding shall also apply to sole uses on an individual parcel.
139. Frontage
Shall mean all property on one (1) side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or, if the street is dead end, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street, including property fronting on a cul-de-sac.
140. Full Cutoff Light Fixture (FCO)
Is a luminaire where 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 of providing 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.
141. Funeral Chapel
An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funerals.
142. Garage, Private
Shall mean any accessory building or portion of a main building designed or used for the storage of not more than three (3) motor driven vehicles; provided, that no private garage may be used or rented for the storage of commercial trucks having a capacity in excess of one (1) ton.
143. General Plan
Shall mean the General Plan of the Town of Oro Valley, or any part thereof, as adopted by the Town Council and as hereinafter amended.
144. General Aviation
Shall mean non-commercial air carriers or the operation of non-commercial aircraft.
145. Golf Course
Shall mean a facility other than a miniature golf course for the playing of golf at which there may be a clubhouse including restrooms and locker rooms. A golf course may provide additional services customarily furnished such as swimming, outdoor recreation and related retail sales that may include a restaurant and cocktail lounge if approved as a part of the required use permit.
146. Golf Safety Net
Shall mean a structure made of netting material supported by vertical poles, which is erected for the purposes of protecting life and property from errant golf balls.
147. Grade
Shall mean the elevation of the ground surface, paving, or sidewalk.
148. Grade, Existing
The actual, current ground surface before the issuance of a grading permit.
149. Grade, Finished
The final grade conforming to the approved plan.
150. Grade, Natural
The topographic configuration of land, prior to any grading or disturbance of the site.
151. Grade, Rough
The stage at which grading substantially conforms to the approved grading plan.
152. Grading
The initial clearing, brushing or grubbing, and subsequent excavating or filling of a site.
153. Grading Permit
An official document issued by the Town authorizing the grading activity specified by the grading permit conditions.
154. Grading Permit Conditions
The specifications and requirements of the approved grading plan, soils report, or other documents necessary for grading permit approval.
155. Grand Opening
The introduction, promotion or announcement of a new business, store, shopping center, or office, or the announcement, introduction or promotion of an established business changing ownership.
156. Gross Floor Area
Is the sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerlines of walls separating two (2) buildings. Gross floor area shall not include:
a. Underground parking space
b. Uncovered steps
c. Exterior balconies
157. Gross Land Area
Shall mean the area of a parcel of land excluding all streets and alleyways in existence at the time the development plan is submitted. Those portions of such parcels which subsequently may be designated as streets or alleyways, whether dedicated or not, shall be included in the determination of gross land area.
158. Grubbing
The removal of trees and other large plants including their roots.
159. Guest House
Shall mean an attached or detached accessory building used to house guests of the occupants of the principal building and which is never rented or offered for rent. Any guest house providing kitchen facilities shall be considered a dwelling unit.
160. Habitat
Shall mean the place or type of site where a plant or animal naturally or normally grows and lives.
161. Halo Illumination
Illumination produced by recessing a light source inside a hollow character with an open back or within the surface to which they are mounted. An outline glow around the characters is created by this light reflecting off the background to which the characters are attached.
162. Health Studio or Health Spa
Shall mean a place or building where exercises and related activities are performed utilizing weight control or muscle building equipment or apparatus. Health studio shall also mean a place or building which provides massage, exercise, and related activities with or without such equipment or apparatus.
((O)06-06, Amended, 04/19/06)
163. Heliport
Shall mean an area that is used or intended to be used for the landing and takeoff of helicopters and may include any or all of the areas of buildings which are appropriate to accomplish these functions.
164. High-Rise Building
Shall mean a building that exceeds thirty (30) feet in height as defined herein.
165. Hillside Conservation Area
Shall mean land area designated for conservation of natural slopes greater than fifteen percent (15%).
(Ord. (O)11-01, Added, 2/16/11)
166. Hillside District
Shall mean an overlay district providing additional regulations for hillside development, the area of which is identified by the Hillside District Map adopted in Section 27.10 of this Code. Additionally, any development outside the area so defined which requires excavation and fill in excess of three (3) feet to establish grade is subject to the requirements of Section 27.10.
167. Hillside District Subdivision
Shall mean any subdivision or that portion of a subdivision located within the Town’s Hillside Zoning District.
167A. Hillside View Conservation Area
Shall mean the visually significant slopes and ridges of the site designated as ESOS. Visually significant slopes and ridges are identified by the Scenic Resources category of the ESL regulations.
(Ord. (O)11-01, Added, 2/16/11)
168. Home Occupation
Shall mean business or commercial activity that is conducted from property zoned for residential use and which meets the standards of Section 25.2.C.
169. Hospital
Shall mean a facility for the general and emergency treatment of human ailments with bed care and shall include sanitarium and clinic but shall not include convalescent or nursing home.
170. Hotel
Shall mean an establishment that offers temporary lodging in rooms, for less than one (1) month (30 days), that has interior common corridor access to rooms, may include a restaurant and may contain accessory uses and services, including, without limitation, newsstands, gift shops, and similar incidental uses conducted entirely within the principal building but excludes a “short-term rental property” as defined in this Section.
171. Human Burials
Shall mean human remains, including human skeletal remains, cremations, and/or ceremonial objects and funerary objects.
172. Hydrological Study
A report designed to show the effects of surface water on a specific area
173. Illumination Nuisance
A use which creates difficulty for pilots to distinguish between navigational lights or markers and other lights.
174. Improvements
Shall mean any street, sewer, electric, gas and water utilities, drainage and flood control facilities or any other improvement or structure including all necessary engineering, construction, and inspection costs for the same for which the Town of Oro Valley may ultimately assume responsibility for maintenance and operation. All required improvements shall conform to current requirements and standards as established and approved by the Town Council and/or the utility.
175. Inspector
A person authorized by the Town to perform inspection on grading work.
176. Institution
Shall mean a building or buildings occupied by a non-profit corporation or a non-profit establishment for public use.
177. Institutional
An organizational facility used for social, educational, or religious purposes such as a school, religious institution, hospital, or reformatory.
((O)07-33, Amended, 9/19/07)
178. Irrigation Facility
Shall mean canals, laterals, ditches, conduits, gates, pumps, and allied equipment necessary for the supply, delivery, and drainage of irrigation water and the construction, operation and maintenance thereof.
179. Irrigation System
Shall mean an underground watering system, which consists of heads, valves, pipes, etc., used for the sole purpose of sustaining and promoting plant life.
180. Kennel
Shall mean any premises where six (6) or more dogs or cats are bred, boarded, and/or trained.
181. Land Division, Minor
Shall mean any division of improved or unimproved land for the purpose of financing sale or lease, whether immediate or future, into one or more lots.
Land Division, Minor shall not include the following: Any division of land defined as “subdivision” under this chapter.
182. Landscape
Any combination of trees, shrubs, flowers, or other horticultural elements, decorative stonework, paving, screening or other architectural elements, all of which are designed to enhance the visual amenity of a property and/or to provide a screen to mitigate any objectionable aspects that may detrimentally affect adjacent land.
183. Landscape Island
A landscaped area defined by a header and/or curb commonly found in a parking lot or cul-de-sac.
184. Landscape Screen
Shall mean an area of landscaping a minimum of three (3) feet in height. It shall consist of trees, shrubs, and groundcover and may contain natural topping material such as boulders, rock, stone, granite or other approved material. The purpose of the landscape screen is to screen adjacent areas.
185. Light Trespass
Is that portion of the measurable light distribution that extends beyond the property line.
185.5. Linear Park
A linear park is a park that has a much greater length than width. A linear park typically includes a shared use path for pedestrians and bicycles, as well as seating areas and other appropriate supporting amenities to provide active and passive recreational opportunities.
((O)11-05, Added, 4/20/11)
186. Loading Space
Shall mean a permanently maintained space on the same lot as the main building accessible to a street or alley.
187. Lot
Is a parcel of land created by a legal subdivision bounded on all sides by property lines of sufficient size to meet minimum zoning requirements for use, coverage, area, setbacks, and other areas as required by this code, with legal access to a public street.
188. Lot Area
Shall mean the same as “net lot area.”
189. Lot, Corner
Shall mean a lot adjoining two (2) or more streets at their intersection.
190. Lot Coverage
Shall mean the area of land that is covered by a building on a particular site. Lot coverage shall be the percentage of net lot area, which is covered by the gross floor area of the first floor.
191. Lot, Depth of
Shall mean the horizontal distance between the front and rear lot lines.
192. Lot, Interior
Shall mean a lot other than a corner lot or key lot.
193. Lot, Key
Shall mean a lot adjacent to a corner lot having its side lot line in common with the rear lot line of the corner lot and facing on the street which forms the side boundary of the corner lot.
194. Lot Lines
Shall mean the lines bounding a lot except for purposes of the determining the rear setback an artificial line is established.
195. Lot Line, Front
The front lot line is the property line along the street on which the lot is addressed, for residential lots, or the major street as determined by the Town Engineer for commercial lots.
196. Lot Line, Rear
The rear lot line is opposite the most distant from the front lot line. For the purpose of determining setbacks, the rear lot line of an irregular, triangular or gore lot shall be a line entirely within the lot at least ten (10) feet long and parallel and most distant from the front lot line.
197. Lot Lines, Side
All lot lines not front or rear are side lot lines.
198. Lot of Record
Shall mean a lot which is a part of a subdivision, the plat of which has been recorded in the office of the Pima County Recorder or parcel of land, the deed of which is recorded in the office of the County Recorder.
199. Lot, Reverse Frontage
Shall mean a lot having frontage on two (2) non-intersecting streets. The front of the lot shall be considered facing the interior street.
200. Lot Width
Shall mean the width of the lot determined as follows:
a. If the side property lines are parallel, the shortest distance between these side lines,
b. If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the required front or rear building setback line whichever is the lesser. The axis of a lot shall be a line generally perpendicular to the fronting street, which divides the lot into two (2) equal parts.
201. Lumen
Means a unit of light output from a source; used to measure the amount of light emitted by lamps.
202. Luminaire
Is the complete lighting assembly, less the support assembly. For purposes of determining total light output from a 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.
203. Maintenance
The replacing or repairing of a part of a sign made unusable, unsafe or unattractive by ordinary wear, tear or damage beyond the control of the owner or the repainting of an existing sign without changing the wording, location, composition or color of said sign.
204. Manufactured Home
Shall mean a structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) feet or more wide or 40 feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent foundation and contains plumbing, heating, air cooling, and electrical systems.
205. Manufacturing
Shall mean the fabricating or assembling of materials into finished or partially finished products by hand or by the use of machinery.
206. Mass Grading
Grading of the subdivision building site, in its entirety, during the initial development process, as authorized by the approved plans.
207. Independent Living Facility
Shall mean one (1) or more residential buildings containing multiple dwelling units, each of which has sleeping quarters, a full kitchen and bath, and/or sleeping units. Independent living facilities are intended for, and shall be limited to, occupancy by adults who are able to live independently and do not require skilled medical care or routine/ongoing assistance with the activities of daily living. An independent living facility must include areas for full-service communal dining and group activities. The project must include common open space for passive recreation, including walkways, benches, and shade structures.
((O)09-05, Amended, 6/17/09)
208. Mature Trees
Shall mean healthy, full-bodied trees with a shape characteristic of the species and of the following minimum sizes:
Ten (10) to 12 foot height by six (6) to eight (8) inch wide; or two (2) inch single trunk caliper; or one (1) inch average trunk caliper for multiple trunk trees; or eight (8) foot trunk height for palms.
209. Mechanical Equipment
Shall mean all devices, appliances, and apparatus involved in the maintenance of environmental conditions within a building or recreational structure, such as a swimming pool or spa. Mechanical equipment shall include HVAC units, air conditioners, pool heaters, pool filters, and pool circulation pumps, amongst others.
209.1 Medical Marijuana Designated Caregiver Cultivation Location
Means an enclosed facility, that does not exceed two hundred fifty (250) square feet of cultivation space, where a designated caregiver, as defined by A.R.S. Section 36-2801(5), cultivates marijuana if the designated caregiver’s registry identification card provides that the designated caregiver is authorized to cultivate marijuana.
((O)10-13, Added, 10/27/10)
209.2 Medical Marijuana Dispensary
Means a not-for-profit entity, defined in A.R.S. Section 36-2801(11), that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to cardholders.
((O)10-13, Added, 10/27/10)
209.3 Medical Marijuana Dispensary Off-Site Cultivation Location
Means the additional location where marijuana is cultivated by a medical marijuana dispensary as referenced in A.R.S. Section 36-2804(B)(1)(b)(ii).
((O)10-13, Added, 10/27/10)
209.4 Medical Marijuana Qualifying Patient Cultivation Location
Means an enclosed facility, that does not exceed fifty (50) square feet of cultivation space for each location, where a qualifying patient, as defined by A.R.S. Section 36-2801(13), cultivates marijuana if the qualifying patient’s registry identification card states that the qualifying patient is authorized to cultivate marijuana.
((O)10-13, Added, 10/27/10)
210. Mezzanine or Mezzanine Floor
Shall mean an intermediate floor placed in any room. The clear height above or below any mezzanine floor construction shall not be less than seven (7) feet both above and below shall be considered a story.
211. Minor Land Division
Shall mean any division of improved or unimproved land for the purpose of financing sale or lease, whether immediate or future, into one or more lots. A Minor Land Division shall not include any division of land defined as a “subdivision.”
212. Mobile Home
A structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) feet or more in width or 40 feet or more in length, or when erected on site is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling.
213. Mobile Home Park
Shall mean any lot, tract, or parcel of land used or offered for use, in whole or in part, with or without charge, for parking of mobile homes or trailer coaches used for sleeping or household purposes.
214. Mobile Home Space
Shall mean a plot of ground within a mobile home park designed for the accommodation of one (1) mobile home or trailer coach.
215. Modifier
A word describing uses and activities other than the business name.
216. Monitoring, Archaeological
Means the observation after commencement of a disturbance to determine if archaeological resources exist in an area or, when such resources are known to exist, the observation, recording, and incidental recovery of site features and materials to preserve a record of the affected portion of the site. Monitoring is applicable in locations where sites or features may occur but are generally not expected to be or such importance, size or complexity as to require lengthy work or project delays for archaeological investigations.
217. Monopole
Means a facility used exclusively for Wireless Communication Facility mounts and is self-supporting with a single shaft of steel, concrete or wood. This does not include flagpoles.
218. Motel
Shall mean any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building, with the garage or parking space located on the lot and designed, used or intended wholly, or in part, for the accommodation of automobile transients. Motel includes motor court, motor lodge and tourist court, but not a mobile home park.
219. Multiple Tenant Commercial Building
A structure that houses or is intended to house a variety of separate commercial activities.
220. Native Vegetation
Shall mean vegetation which is indigenous to the specific site or to areas contiguous to a parcel being developed.
221. Natural Cross-Slope
Means the slope of the topographic configuration of land, graphically represented by contour lines, prior to any grading or other disturbance of the site.
222. Natural Grade
Means the topographic configuration of land prior to any grading or other human disturbance of the site.
223. Net Floor Area
Shall mean, for the purpose of determining parking requirements, the total floor area of a building measured from the interior faces of load bearing walls excluding air shafts, stairwells, elevator shafts, restrooms, and mechanical equipment rooms.
224. Net Lighting Acre
Shall mean an acre of the remaining ground area after deleting all portions for proposed and existing public and private street rights-of-way within a development, parcel, or subdivision. If there are any E1 lighting zones in the property, then they shall also be excluded from the calculations of net lighting acre.
225. Net Lot Area
Shall mean the area included within lot lines after all right-of-way dedications have been made as required by the Town of Oro Valley.
226. Nonconforming Building
Shall mean a building or portion thereof which was lawful when established but which does not conform to a subsequently established district or district regulations.
227. Nonconforming Lot
Shall mean a parcel of land having less area, frontage, or dimensions than required in the district in which it is located.
228. Nonconforming Use
Shall mean any building or land lawfully occupied by a use at the time of passage of this code, or amendment thereto, which does not conform after passage of this code, or amendment thereto, with the use regulations of the district in which it is located.
229. Non-Density Based Land Uses
Shall mean those of a non-residential nature.
230. Non-Ionizing Electromagnetic Radiation (NIER)
Is electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum.
231. Nursery
Shall mean a place where young trees or other plants are raised for transplanting or for sale and does not include commercial fertilizer yard or processing plant.
232. Occupancy
Shall mean the purpose for which a building, or part thereof, is used or intended to be used.
233. Office
Shall mean a building or part thereof, designed, intended or used for the practice of a profession, the carrying on of a business, the conduct of public administration, or, where not conducted on the site thereof, the administration of an industry, but shall not include a retail commercial use, any industrial use, financial institution, place of amusement, or place of assembly.
234. Office Park
Shall mean a group of offices planned and designed for the site on which it is built, functioning as a unit, with off-street parking and landscaping provided on the property as an integral part of the unit. The unit shall have common points of ingress and egress and occupy a land area no less than nine (9) acres, whether on single or multiple lots or under single or multiple ownership. All structures within the office park shall be architecturally integrated with regard to construction materials, colors, and architectural style.
235. Open House
A dwelling or office space which is for sale or for lease to which the public is invited for walk-in inspection.
236. Open Space
Shall be defined as either natural open space (as defined in this Chapter) or landscaped open space (as defined in this Chapter) or the total thereof. Open space is meant to provide a natural or garden environment.
a. Common Open Space shall mean any landscape or natural open space, other than frontage open space, intended for use by all occupants of a development.
b. Frontage Open Space shall mean all the landscaped or natural open space between the right-of-way line of a dedicated public street and any perimeter structure(s) within the development except that this space may extend between structures or between a structure and a side property line to a depth of not more than 1/2 the width of the opening.
c. Landscaped Open Space shall mean an area improved through the harmonious combination of natural desert growth with the introduction of trees, shrubs, and groundcover which may contain natural topping material such as boulders, rock, stone, or granite or other approved material. Landscaped open space shall provide a garden atmosphere, which shall include native and/or other approved plantings. Landscaped open space shall be free of any asphalt or concrete pavement not serving as an integral and functional part of the landscape theme. Landscaped open space does not include walkways outside of a landscaped area or parking areas. Landscaped islands within parking areas may be considered landscaped open space. The purpose of the landscaped open space is to enhance the visual and aesthetic quality of any structure or development.
d. Natural Open Space shall mean any natural, completely undisturbed, desert area.
237. Outdoor Light Fixture
Is an outdoor illuminating device, outdoor lighting or reflective surface, lamp or similar device, permanently installed or portable, used for illumination. Such devices shall include, but are not limited to for:
a. Parking lot lighting
b. On-site circulation lighting
c. Building and structural lighting
d. Landscape lighting
e. Recreational lighting
f. Product display area lighting
g. Building overhangs and open canopies
h. Security lighting
238. Outdoor Type Business1
Shall mean a business conducting most activities outdoors and where a majority of merchandise is displayed in an open area.
((O)11-23, Amended, 9/21/11)
238A. Outdoor Display*
Shall mean display of products and merchandise for sale on the exterior of the main building, excluding outdoor type businesses and outdoor storage.
((O)11-23, Added, 9/21/11)
239. Overlay District
Shall mean any zoning district which provides supplemental regulations to be applied in addition to those of the original zone or provides for density transfers or for coordinated development of several uses and shall include the Hillside District, Planned Residential Development District, and Planned Area Development District. Any applicable regulations superimposed by the Floodplain Management Code shall be in addition to the requirements of this zoning code.
240. Owner
Shall mean the person or persons holding title by deed to land or holding title as vendees under land contract or holding any other title of record.
241. Parapet Wall
A wall extending above the plate line of a building.
242. Parcel
Shall mean an area within legally described boundaries under common ownership and capable of being separately conveyed. A lot within a subdivision is a parcel.
243. Park
An area of land designated and used by the public for active and/or passive recreation. Parks are further defined by the size and where the user is located, as follows:
244. Park, Community
Designed to provide centralized recreation facilities for a major portion of the Town with amenities capable of accommodating large groups, and including facilities such as tennis courts, multi-use courts, playing fields, picnic areas. May also include a community center building. Park size is from 15 to 200 acres and is intended to service a population within a three (3) mile radius of the park.
245. Park, Neighborhood
Designed to provide recreational opportunities for a neighborhood and may include such facilities as play apparatus, multi-use courts, family picnic areas, and open space areas. Park size is from two (2) acres to 15 acres servicing a population within a half-mile radius of the park.
246. Park, Regional
Natural or multi-use area designed to provide recreational opportunities for the entire community. May include such amenities as picnicking, fishing, swimming, camping, trail uses, and play areas. Size +200 acres. The service area is within one (1) hour driving time.
247. Parking Aisle
Means the aisle on which vehicles are allowed access to the individual parking stalls and are characterized by slow speeds and high turning movements.
248. Parking Area
Means any public or private land area designed and used for off-street parking.
249. Parking Area, Private
a. A parking area for the private use of the owners or occupants of the lot on which the parking area is located; this does not include parking on sidewalks or streets;
b. This includes “reserved” designations.
250. Parking Area, Public
Means a parking area available to the public, with or without compensation, or used to accommodate clients, customers, employees, guests, or visitors.
251. Parking Bay
Means the parking module consisting of one (1) or two (2) rows of parking spaces and the aisle from which vehicles enter and leave the spaces.
252. Parking Lot
Shall mean a parcel of land devoted to parking spaces as set forth by the parking standards of the Town of Oro Valley.
253. Parking Lot, Commercial
Shall mean any lot upon which members of the general public operating a motor vehicle upon said lot and parking thereon may be required to pay a charge or fee for said usage to the owner of the lot or his agent.
254. Parking Space
Means the space for the parking of a vehicle within a public or private parking area.
255. Parking Structure
Means a building designed for temporary storage of motor vehicles.
256. Party Wall
Shall mean a single common wall between two (2) adjacent units.
257. Patio Home
Shall mean an attached or detached single-family dwelling constructed with no side yard on one (1) side of the lot.
258. Pedestrian Way
Shall mean a public walk dedicated entirely through a block, from street to street, or providing access to a school, park, recreation area, or shopping center.
259. Pennant
Any lightweight fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, designed to attract attention.
260. Perimeter Roads
Means the roads along the perimeter of buildings and at the ends of parking aisles where they abut property lines and provide customer drop-off and pickup as well as emergency access to the building.
261. Permitted Use
Shall mean a use specifically permitted or a use analogous to those specifically permitted.
262. Planned Residential Development (PRD)
A Planned Residential Development is a residential development improved in accordance with overall project plans. The density regulations of the zone in which the Planned Residential Development is located are applied to the total area of the planned residential development rather than separately to individual lots.
263. Planning and Zoning Commission
Shall mean the Planning and Zoning Commission of the Town of Oro Valley.
264. Plat
Shall mean a map of a subdivision:
a. Preliminary Plat shall mean a preliminary map including supporting data indicating a proposed subdivision development prepared in accordance with Section 22.9.C. of this code.
b. Final Plat shall mean a map of all or part of a subdivision providing substantial conformance to an approved preliminary plat prepared by a registered civil engineer or a registered land surveyor in accordance with Sections 22.9.D. of this code.
c. Recorded Plat shall mean a final plat bearing all of the certificates of approval required in Section 22.9 of this code and duly recorded in the Pima County Recorder’s Office.
265. Plate Line
The point at which the bottom of the main roof structure first touches or bears upon an external wall.
266. (Repealed by (O)11-15, 5/18/11)
267. Preschool
Shall mean a public or private establishment providing supervision and educational training for five (5) or more children two (2) years of age or older and not related to the proprietor.
267A. Preservation
Shall mean, in the context of the environmentally sensitive lands conservation system, the attempt to maintain land in its current condition to protect the area from negative human influence.
(Ord. (O)11-01, Added, 2/16/11)
268. Prohibited Use
Shall mean a use not specifically permitted or a use analogous to those not specifically permitted.
268.1 Public Artwork
Shall mean artwork that is accessible to the community and the general public. It may be privately funded and owned or it may be fully funded by public agencies for public benefit. Public artwork adds aesthetic appeal, draws visitors and improves the image of the Town. It entails the application of skill and taste by an artist in creating an original work of art. Examples of appropriate public artwork include, but are not limited to: sculpture - freestanding, wall-supported or suspended; murals or paintings; earthworks; fiber works; and mosaics. Privately funded and owned, public artwork may not include: directional graphics or color-coded location indicators; mass-produced or standard “off-the-shelf” items, including playground equipment, fountains, or statuary, and most art reproductions.
((O)08-23, Added, 12/3/08)
269. Public Floor Area
Shall mean, for the purpose of determining parking requirements, all areas of a building that are used by the public excluding restrooms.
270A. Qualified Habitat Restoration Specialist
A person with a minimum of a Bachelor’s degree in a natural resources-related field, and five (5) years of experience in the field of habitat biology.
(Ord. (O)11-01, Added, 2/16/11)
271. Ranch
Shall mean an area of ten (10) or more contiguous acres which is used for the raising of livestock on a commercial basis provided ranch shall include horse breeding and training, but shall not include riding stables.
272. Recreation Area
Any land area that is designated for recreation or contains specific facilities such as community recreational centers, pedestrian ways, swimming pools, picnic facilities, basketball and sport courts, playground equipment and exercise equipment.
273. Recreational Area, Active
Shall be defined as an area delineated for activities, in the form of a formal nature and that often is performed with others, which requires equipment and which take place on a prescribed field. Active Recreational Areas include but are not limited to tennis, volleyball, bocce ball and other court games, baseball, soccer and other field sports, swimming pools, track and improved playground activity areas.
274. Recreational Area, Passive
Shall be defined as areas delineated for activities that involve relatively inactive or less energetic activities, such as walking, sitting, picnicking, card games, checkers, and similar table games. Passive Recreational Areas also include natural open space, which contain nature walks and observation areas.
275. Recreational Building
Shall be defined as a building whose primary use and function is for Recreational Activities.
276. Recreational Facilities
Shall be defined as a place designed and equipped for the conduct of sports, exercise, and/or leisure-time activities.
277. Rehabilitative Care Facility
Shall mean a health care facility that provides twenty-four (24) hour personal care, rehabilitation, and supportive health care services, including medical supervision, for inpatients. Skilled nursing care and ongoing therapeutic treatment (excluding treatment for substance abuse), as necessary, may be provided for inpatients only inhabiting the premises for a finite period (see criteria/specific development standards in Section 25.1.W.).
277A. Religious Institution
A place of gathering or assembly with the primary purpose of religious worship. Typical religious uses include, but are not limited to, churches, synagogues, mosques and temples.
((O)07-33, Amended, 9/19/07)
278. Resort
Shall mean a group or groups of buildings containing more than five (5) dwelling units and/or guest rooms and providing outdoor recreational activities which may include golf, horseback riding, swimming, shuffleboard, tennis, and similar activities. A resort may furnish services customarily furnished by a hotel including a restaurant, cocktail lounge specialty retail shops, and convention facilities.
279. Restaurant
Shall mean an establishment whose primary business is the serving of food to the public.
280. Restaurant, Drive In
Shall mean any building or structure where food and drink are served for consumption on the premises by order from the service to a vehicular passenger outside the structure.
281. Restaurant, Drive-Through
Shall mean any building or structure where food and drink are served for consumption within the building or off the premises by order from vehicular passengers outside the structure including, but not limited to, services from an outdoor service window.
282. Retail
Shall mean a sale for any purpose other than for resale in the form of tangible personal property.
283. Retaining Wall
A wall designed to withstand lateral and hydrostatic pressures and built to keep earth from sliding.
284. Revegetation
Placement of living plant materials, including, but not limited to seed, on sites or cut and fill slopes where the natural vegetation has been removed.
285. Ridge
Shall mean a topographic feature above sloped areas fifteen percent (15%) and greater that forms a crest or hilltop of at least eighty (80) feet in width. Ridges may include sloped areas as illustrated below.
(Ord. (O)11-01, Added, 2/16/11)
286. Ring Roads
Means the roads which typically provide unimpeded access to the parking aisles from the access drives and perform a collector function. Ring roads are not primarily adjacent to the buildings except in service areas.
287. Rip-Rap
A bed or wall consisting of stones placed in an irregular fashion.
288. Rip-Rap, Grouted
Rip-rap that is held together with or placed in cementatious material.
289. Riparian Habitats
Biological communities occurring in association with any spring, cienega, lake, watercourse, 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. Riparian habitats may be generally characterized or distinguished into three (3) classes, hydroriparian, mesoriparian, and xeroriparian, by a difference in plant species composition, or an increase in the size and/or density of vegetation, as compared to upland areas, as follows:
a. Hydroriparian Habitats. Riparian habitats generally associated with perennial watercourses, with plan communities dominated by obligate or preferential wetland plant species, such as Willow and Cottonwood.
b. Mesoriparian Habitats. Riparian habitats generally associated with perennial or intermittent flows, or shallow ground water, with plant communities dominated by species that may also be found in drier habitats, but contain some preferential riparian plant species, such as Ash or Netleaf Hackberry. The Mesquite bosque and Sycamore/Ash association are examples of this community type.
c. Xeroriparian Habitats. Xeroriparian habitats are supported by intermittent or ephemeral stream flows. Typical species associated with this habitat type include Mesquite, Blue Palo Verde, Desert Willow, Catclaw Acacia, Whitehorn Acacia, Desert hackberry, and Ironwood. Actual species composition is typically a function of the extent and frequency of stream flow. Xeroriparian habitats are present along washes throughout the Town of Oro Valley.
For the purposes of this classification system, xeroriparian habitats are further divided into the following subcategories:
1) High Xeroriparian A Habitats. Generally associated with well-developed watercourses. The trees present are generally 16 feet to 20 feet tall or taller. The vegetative volume per unit area within this habitat type is approximately 0.850 M3/M2 with much of the volume present within the dense over-story.
The diversity of species is relatively greater than that associated with Intermediate Xeroriparian B and Low Riparian C Habitat types. Mesquite, Desert Willow, Blue Palo Verde, and Desert Hackberry are representative tree species within High Xeroriparian A Habitat areas.
2) Intermediate Xeroriparian B Habitats. Typically occur along well-developed watercourses. The principal distinction between Xeroriparian A and Xeroriparian B Habitats is that of plant size (height, trunk size, and total vegetative volume). Trees in this habitat type generally range from 6 feet to 15 feet tall. The under-story is often more extensive than Xeroriparian A Habitats due to a more open over-story canopy.
Within Intermediate Xeroriparian B Habitats, the vegetative volume per unit area is typically 0.675 M3/M2. Mesquite, Ironwood, Blue Palo Verde, Catclaw Acacia, Desert Broom, and Desert Hackberry are representative of this habitat type.
3) Low Xeroriparian C Habitats. Typically occur along minor watercourses and along the peripheral edges of major watercourses. The typical vegetative volume per unit area in this habitat type is between 0.500 and 0.675 M3/M2. Whitethorn Acacia, Catclaw Acacia, Desert Creosote Bush, Bunchgrasses, and Bursage are typically found within Low Xeroriparian C Habitats.
4) Regional Drainageway. Not a single habitat type, but rather, an aggregation of the habitat types described above distributed continuously along a regional drainageway. The Regional Drainageway is significant in that it typically extends for lengths of several miles and may extend from the urbanized portions of the Town into large tracts of undeveloped public lands. Within the current boundaries of Oro Valley, this habitat feature occurs along the Canada del Oro Wash and Big Wash.
The regional drainageway typically consists of patches of Xeroriparian A, B, and C.
Habitats, separated by areas of sparsely vegetated or non-vegetated wash bottom all of which is within the undeveloped floodplain.
The high habitat value associated with regional drainageways stems from their length (which can be uninterrupted for lengths of several miles), their width (which provides habitat areas that are relatively isolated from adjacent urban developments), and their configuration (which provides connections between various tributary channels and, in some instances, connections to tracts of preserved natural open space).
290. Rooming House
See “Boardinghouse.”
290A. Scenic Resource Conservation Area
Shall mean lands adjacent to designated scenic corridors where the land use and design requirements of the ESL scenic resources category apply.
(Ord. (O)11-01, Added, 2/16/11)
291. School or College
Shall mean, unless otherwise specified, private or public places of general instruction, but shall not include day nursery schools, dancing schools, riding academies or trade or specialized vocational schools.
292. Screen
An opaque barrier designed and installed to conceal areas used for storage, refuse, mechanical equipment, parking or delivery service loading bays from street and public view, or to buffer adjacent uses.
293. Screen Wall
Shall mean an opaque wall at least six (6) feet in height located along the perimeter of a said use where said use abuts a residential use. The screen wall shall be constructed of masonry or other similar material recommended by the Conceptual Design Review Board and approved by the Town Council. The purpose of the screen wall is to minimize any impacts associated with contiguous or adjacent land uses.
((O)11-15, Amended, 5/18/11)
294. Sculptured Rock
Is a soil stabilization treatment using a material, such as concrete or gunite, which is sculpted to resemble natural stone.
295. Service Station, Automotive
Is considered to be a convenience use and shall mean a retail business engaged primarily in the sale of motor fuels, but also in supplying goods and services generally required in the operation and maintenance of automotive vehicles. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories, and replacement items; washing and lubrication services; automotive maintenance and repair and the supplying of other incidental customer services and products. Major automotive repairs, boats, trailer, trucks, and any other type of sales or service not specifically referred to herein are prohibited.
296. Setback
The shortest straight line distance in feet from the nearest property or lot boundary to a main or accessory building, structure, sign or the like located on the same property or lot.
296.1. Sexually-Oriented Business
Shall be defined and classified as the following:
a. Adult arcades;
b. Adult bookstores, adult novelty shops or adult video stores;
c. Adult cabarets;
d. Adult motels;
e. Adult motion picture theaters;
f. Adult theaters;
g. Adult vending machines;
h. Escort agencies;
i. Nude model studios; and
j. Sexual encounter centers.
Refer to the Oro Valley Town Code Section 8-4-1 for further definition of the above listed classifications.
((O)06-06, Added, 04/19/06)
297. Shared Access
Shared ingress/egress points for vehicular circulation purposes.
298. Shopping Center
Shall mean a group of stores planned and designed for the site on which it is built, functioning as a unit, with off-street parking, landscaped areas and pedestrian malls or plazas provided on the property as an integral part of the unit. The unit shall have common points of ingress and egress and occupy a land area no less than nine (9) acres, whether on single or multiple lots or under single or multiple ownership. All structures within a shopping center shall be architecturally integrated with regard to construction materials and colors.
299. Short-Term Rental Property
Shall mean a building(s) of a residential character other than a hotel or motel compatible with the neighborhood offering temporary lodging for less than one (1) month (30 days). This use shall not create any impact greater than those existing in the residential district. This shall not include any of those properties held by a person who is not deemed to be in the rental business per Section 8 of the Town of Oro Valley Tax Code.
300. Signs
See Chapter 28 for definitions and requirements.
301. Significant Vegetation (SV)
Is characterized as specific plant communities, and/or unique plant occurrences and/or unique individual specimens that demonstrate, through the presence of certain criteria areas of special value to the Sonoran desert ecosystem:
a. Plant Community is an area of vegetation dominated by one (1) or more species, climate, elevation, soil types and other factors ultimately determine the limits and boundaries of particular plant communities. Examples of a plant community dominated by one (1) species are desert grassland and creosote bush association, or a grove of trees, for example mesquite bosque. These communities can form almost pure stands of single species. Examples of co-dominate plant communities are cottonwood-willow and palo verde-saguaro association. Plant communities create an environment that is beneficial, unique, and/or valuable to the desert ecosystem.
b. Unique Plant Occurrences are areas of vegetation that exist in contrast to the majority of the surrounding vegetative community due to either microclimates or availability of water sources. Examples are stands of ironwood trees or riparian areas.
c. Unique 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. An example may be crested saguaros, a rare, massive ancient tree, or tree with unusual shape.
302. Site
Is a land area designated for development as a single entity, exclusive of any public right-of-way or property, which consists of one (1) parcel or any number of contiguous parcels.
303. Site-Delivered Dwelling
Shall mean any dwelling which is not constructed on the site which it is located. Site delivered homes include prefabricated housing, manufactured housing, and mobile homes. Site delivered homes do not include recreation vehicles.
304. Site Plan
Shall mean a plan drawing of an individual site (see definition, Site) including the layout of buildings, circulation system, parking, walls, landscaping, open space, and any other appropriate information as required by the Town of Oro Valley to provide adequate public review.
305. Site Resource Inventory
A primary evaluative design tool upon which site design and salvage plans are based. The information contained in the Site Resource Inventory shall be utilized for purposed of site planning and design, and shall describe and identify natural characteristics of the site, including areas of significant vegetation. Preservation of protected natural characteristics of the site, including areas of significant vegetation. Preservation of protected natural area and significant vegetation shall be a primary consideration.
306. Skilled Nursing Care Facility
Shall mean a health care facility which provides skilled nursing and supportive care (excluding substance abuse treatment) on a 24 hour a day basis to inpatients requiring such services for extended periods (see criteria/specific development standards in Section 25.1.W.).
306.1. Sleeping Unit
A room or space arranged, designed or used as living quarters, with sleeping and living areas and bathroom facilities, without full kitchen facilities.
((O)09-05, Added, 6/17/09)
307. Slope
Degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a 50 percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90 degree slope being vertical (maximum) and 45 degrees being a 1:1 or 100 percent slope.
308. Slope, Exposed, Height of
Vertical dimension of the exposed slope, measured from the top of the adjacent finished grade to the point where the cut or fill slope intercepts the natural grade.
309. Slope Interceptor Drain
A drainage swale designed to collect and divert the flow of water.
310. Soil
Naturally occurring deposits overlaying bedrock.
311. Soils Engineer of Record
A person whose discipline is soils engineering, who has prepared and sealed a geotechnical report for a specific property.
312. Special Use
Shall mean a temporary use of a property for a special event, which may, or may not, be in compliance with the standards of the zoning district in which it is to be located. Said uses, which may be public or private, may include, but are not limited to, civic, philanthropic, educational, religious, sporting, and/or social events, fund-raisers, or holiday sales, or any other special temporary use, as may be deemed analogous to these examples by the Planning and Zoning Administrator.
313. Deleted by (O) 06-06.
314. Deleted by (O) 06-06.
315. Sport Court
Shall mean any surface prepared for the purpose of playing sporting activities. Surfaces may include, but are not limited to, concrete, sand, clay, asphalt, and turf. Court sports include tennis, basketball, volleyball, croquet, shuffleboard, bocce, and the like. A lighted sport court shall mean any playing surface illuminated by artificial lights for nighttime play.
316. Stabilization
Treatment with mitigation measures in accordance with the erosion or siltation resistance, or the structural strength, of a graded area.
317. Stable, Commercial
Shall mean an area of ten (10) or more contiguous acres containing a stable for horses, mules, or ponies that are hired, bred, shown, or boarded on a commercial basis. Commercial stables must meet the conditions of Section 25.1.I. of this Code.
318. Stable, Private
Shall mean a detached accessory building for the keeping of horses, mules, or ponies owned by the occupants of the premises and not kept for remuneration, hire, or sale.
319. Stockpile
The storage of uncompacted earth material.
320. Story
Shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
321. Street
Shall mean any street, avenue, boulevard, road, lane, parkway, place, alley easement for access, viaduct or bridge and approaches thereto. A street includes the land between the right-of-way lines whether improved or unimproved and may comprise pavements, shoulders, curbs, gutters, sidewalks, parking areas and lawns.
a. Arterial Route (principal arterial) shall mean those interstate, state, or county highways, freeways, expressways, and major thoroughfares having regional continuity.
b. Collector Street shall mean those streets providing the traffic movement within neighborhoods of the Town and between major streets and local streets and for direct access to abutting property.
c. Local Street shall mean those streets providing direct access to residential, commercial, or other abutting land or for local traffic movements and connects to collector or major streets.
d. Frontage Street shall mean a local street parallel and adjacent to an arterial route which intercepts local streets and controls access to an arterial route.
e. Cul-de-Sac shall mean a short local street permanently terminated in a vehicular turnaround.
f. Alley shall mean a public service way used to provide secondary vehicular access to properties otherwise abutting upon a street.
322. Street Centerline
Shall mean the centerline of a street right-of-way as determined by the Town Engineer.
323. Street Line
Shall mean a dividing line between a lot, tract or parcel of land and a contiguous street (right-of-way).
324. Structural Alterations
Shall mean any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders or any complete rebuilding of a roof.
325. Structure
Shall mean any piece of work constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground, but not including a tent, vehicle, trailer coach, or mobile homes.
326. Structure, Temporary
Shall mean any piece of work, which is readily movable and used or intended to be used for a period not to exceed 90 consecutive days. Such structure shall be subject to all applicable property development standards for the district in which it is located.
327. Subdivider
Shall mean an individual, firm, corporation, partnership, association, syndication, trust or other legal entity that files the application and initiates proceedings for the subdivision of land in accordance with the provisions of this code; and the subdivider need not be the owner of the property.
328. Subdivision
Shall mean improved or unimproved land or lands divided for the purpose of financing sale or lease, whether immediate or future, into four (4) or more lots, tracts or parcels of land or, if a new street is involved, any such property which is divided into two (2) or more lots, tracts or parcels of land or any such property, the boundaries of which have been fixed by recorded plat which is divided into more than two (2) parts. “Subdivision” shall also include any condominium, cooperative, community apartment, townhouse or similar project containing four (4) or more parcels in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or air space above the property shown on the plat are to be divided.
Subdivision shall not include the following:
a. The sale or exchange of parcels of land to or between adjoining property owners if such sale or exchange does not create additional lots.
b. The partitioning of land in accordance with other statutes regulating the partitioning of land held in common ownership.
c. The leasing of apartments, offices, stores, or similar space within a building or trailer park, nor to mineral, oil, or gas leases.
329. Swimming Pool
Shall mean a contained body of water used for swimming or bathing purposes either above ground level or below ground level with the depth of the container being more than eighteen (18) inches in depth or the area being more than thirty-eight (38) square feet.
a. Private Swimming Pool shall mean a pool established or maintained on any premises by an individual for his own or his family’s use or for guests of the household.
b. Public Swimming Pool shall mean a municipal, county, or commercial pool, admission to which may be gained by the general public with or without payment of a fee.
c. Semi-Public Pool shall mean a membership pool or cooperative pool or a pool at an establishment such as a resort, motel, apartment building or other places where the primary business of the establishment is not the operation of swimming facilities and where admission to use the pool is included in consideration given for the primary use of the premises.
330. Survey
Means an activity with the purpose of locating, identifying, and evaluating cultural or archaeological sites without causing any disturbance of the ground.
331. Technical and Professional Standards and Guidelines
Means that all aspects of the archaeological mitigation and data recovery efforts shall be conducted by a professional archaeologist using accepted professional standards and practices consistent with guidelines included in the Advisory Town Council on Historic Preservation 1980 Handbook; guidelines for Recovery of Scientific, Prehistoric, Historic, and Archaeological Data: Methods, Standards, and Reporting Requirements (36 CFR 66, dated January 28, 1977); the Standards of Research Performance of the Society of Professional Archaeologists; and the Secretary of the Interior’s Standards and Guidelines for Archaeological Documentation (Federal Register, dated September 29, 1983).
332. Temporary Fencing
A light, temporary barrier, as approved by the Town, which clearly and conspicuously delineates areas designated to remain undisturbed or that are to be protected during construction.
333. Temporary Lighting
Is intended for uses which by their nature are of limited duration; for example holiday decorations, civic events, or construction projects.
334. Tennis Club
Shall mean a commercial facility for the playing of tennis at which there is a clubhouse including restrooms. A tennis facility may provide additional services customarily furnished by a club such as swimming, outdoor recreation and related retail sales that may include a restaurant and cocktail lounge if approved as a part of the required use permit.
335. Terrace
A relatively level step construction in the face of a graded slope surface for drainage and maintenance purposes.
336. Testing, Archaeological
Means the limited subsurface excavation or remote sensing of a proposed disturbance (or portion thereof) to determine the potential, type, or extent of the archaeological site. Testing may include trenching and establishing archaeological excavation units and will include the screening of excavated material for artifact recovery.
337. Timeshare Plan
Means any plan or program in which the use, occupancy, or possession of one (1) or more time-share units circulates among various persons for less than a sixty (60) day period in any year, for any occupant. The timeshare plan shall include both timeshare ownership plans and timeshare use plans, as follows:
a. Timeshare Ownership Plan means any arrangement whether by tenancy in common, sale, deed, or other means whereby the purchaser receives any ownership interest and the right to use the property for a specific or discernible period by temporal division; and
b. Timeshare Use Plan means any arrangement, excluding normal hotel operations, whether by membership agreement, lease rental agreement, license, use agreement, security or other means, whereby the purchase receives a right to use accommodations or facilities, or both, in a timeshare unit for a specific or discernible period by temporal division, but does not receive an ownership interest.
338. Timeshare Unit
Means the actual and promised accommodations, and related facilities, which are the subject of a timeshare plan.
338.5. Tot Lot
A small (typically less than one-half (1/2) acre) recreational area primarily intended for young children (ages eight (8) and under), with a primary emphasis on playground equipment and supporting amenities and infrastructure.
((O)11-05, Added, 4/20/11)
339. Tower
Means a facility used for Wireless Communication Facility mounts and consists of more than a single shaft of steel or concrete.
340. Town
Shall mean the Town of Oro Valley.
341. Town Council or Council
Shall mean the Town Council of the Town of Oro Valley.
342. Townhouse
Shall mean a single-family dwelling with party walls and no side yards between abutting dwellings.
343. Transportation Plan
Shall mean a plan which provides for the development of a system of streets and highways including the location and alignment of existing and proposed thoroughfares, bicycle paths, frontage roads, and limited access to Oracle Road.
343A. Treatment Plan
A plan prepared by a qualified cultural resource professional for the preservation, data recovery, excavation, archiving, monitoring, adaptive reuse, curation, and/or documentation of one (1) or more significant archaeological resources, buildings, structures, sites, landscapes, or artifacts.
(Ord. (O)11-01, Added, 2/16/11)
344. Turnover
Means the number of different vehicles that park in a given space during an average day.
345. Unshielded Light Fixture
Is a luminary without all of the shielding necessary to be defined as Full Cutoff.
346. Usable Lot Area
Shall mean that portion of a lot usable for or adaptable to the normal uses made of residential property excluding any areas which may be covered by water, excessively steep or included in certain types of easements.
347. Use
Shall mean the purpose for which land or a building is occupied or maintained, arranged, designed or intended.
348. Use Permit
Shall mean a permit granted to a property owner by the Town Council to conduct a use allowed as a use in a zoning district subject to a use permit. A use permit may be granted in accordance with the provisions of Section 22.4.
349. Utilities
Shall mean installations or facilities, underground or overhead, furnishing for the use of the public electricity, gas, steam, cable TV communication, water, drainage, sewage disposal or flood control owned and operated by any person, firm, corporation, municipal department or board duly authorized by State or municipal regulations. Utility or utilities may also refer to such persons, firms, corporations, departments, or boards as sense requires.
350. Utility Poles and Wires
Shall mean poles, towers, structures, wire, cable, conduit, transformers and related facilities used in or as a part of the transportation or distribution of electric power or in the transmission of telephone, telegraph, or television communication.
351. Variance
Shall mean a modification of the literal provisions of this zoning code granted by the Board of Adjustment upon a finding that strict enforcement of the provisions would cause undue hardship owing to circumstances unique to the individual property for which the variance is granted and not caused by the applicant for said variance.
352. Visibility Nuisance
A use which creates a hazard to air navigation by reducing visibility.
352A. Visually Significant Slopes
Sloped areas of fifteen percent (15%) and greater visible from scenic corridors, public rights-of-way, public parks and all trails identified in the Oro Valley Trails Master Plan.
(Ord. (O)11-01, Added, 2/16/11)
353. Volume
Shall mean the volume of a building which occupies a particular site. Volume of a building shall be determined by multiplying the gross floor area of the individual floors by the height of that story.
354. Volume Ratio
Shall mean the ratio of building volume to the net lot area of the building site.
355. Wall
Shall mean any structure or device required or allowed by this code forming a physical barrier which is so constructed that fifty percent (50%) or more of the vertical surface is closed and prevents the passage of light, air, and vision through said surface in a horizontal plane. This shall include concrete, concrete block, wood, or other materials that are solid and are so assembled as to form a screen. Where a solid wall is specified, one hundred percent (100%) of the vertical surface shall be closed except for approved gates or other access ways. Where a masonry wall is specified, said wall shall be concrete block, brick, stone or other similar material and one hundred percent (100%) of the vertical surface shall be closed except for approved gates or other access ways.
356. Warehouse
Shall mean a building or buildings used for the storage of goods of any type and where no retail operation is conducted.
357. Wholesale
Shall mean the sale of tangible personal property for resale by a licensed retailer and not the sale of tangible personal property for consumption by the purchaser.
357A. Wildlife Permeable Development
Residential development with a developed density of one (1) home per acre or less and fences and walls that are wildlife-friendly and do not impede the movement of wildlife between adjacent lots or between the development and adjacent open space areas.
(Ord. (O)11-01, Added, 2/16/11)
358. Wireless Communications Facility
Means a facility for the transmission and/or reception of radio frequency signals. Any device, including DBS satellite dishes, used to receive signals from direct broadcast satellites (DBS); multi-channel multi-point distribution providers (MMDS); and television broadcast stations (TVBS).
359. Yard, Required
Shall mean those areas established by setbacks to provide an open space at grade level between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure from the ground upward except as otherwise provided herein.
360. Yard, Front
Shall mean an open, unoccupied space on the same lot with the main building extending the full width of the lot and situated between the street line and the front line of the main building, projected to the side lines of the lot. The front yard of a commercial corner lot is the yard adjacent to the major street as determined by the Town Engineer.
361. Yard, Rear
Shall mean an open space on the same lot with a main building between the rear line of the main building and the rear line of the lot, as defined herein, extending the full width of the lot.
362. Yard, Side
Shall mean an open, unoccupied space on the same lot with a main building situated between the building and the side line of the lot and extending from the front yard to the rear yard. An interior side yard is defined as the side yard adjacent to a common lot line.
Code Reviser’s Note: Ord. No. (O)11-23 provides that its amendments expire on February 1, 2013.