Chapter 23
ZONING DISTRICTS

Section 23.1 Districts and Boundaries Thereof

A.    Division of Town into Districts; Enumeration

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

1.    Single-Family Residential Districts

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

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

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

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

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

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

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

2.    Multi-Family Residential Districts

R-4    Townhouse Residential District

R-4R    Resort District

R-S    Residential Service District

R-6    Multi-Family Residential District

3.    Commercial and Other Districts

C-N     Neighborhood Commercial District

C-1    Commercial District

C-2    Commercial District

PS    Private Schools District

T-P    Technological Park

P-1    Parking District

POS    Parks and Open Space

4.    Planned Area Districts

PRD    Planned Residential District

PAD     Planned Area Development

5.    Supplementary Districts

HDZ    Hillside Development Zone

ORSCOD    Oracle Road Scenic Corridor Overlay District

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

B.    Purpose of Districts

1.    R1-300 Single-Family Residential District

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

2.    R1-144 Single-Family Residential District

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

3.    R1-72 Single-Family Residential District

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

4.    R1-43 Single-Family Residential District

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

5.    R1-36 Single-Family Residential District

This district provides for low-density residential development.

6.    R1-20 Single-Family Residential District

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

7.    R1-10 Single-Family Residential District

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

8.    R1-7 Single-Family Residential District

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

9.    SDH-6 Site Delivered Housing District

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

10.    R-4 Townhouse Residential District

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

11.    R-4R Resort District

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

12.    R-S Residential Service District

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

13.    R-6 Multi-Family Residential District

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

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

14.    C-N Neighborhood Commercial District

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

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

15.    C-1 Commercial District

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

16.    C-2 Commercial District

This district is permits all uses in the C-N and C-1 districts, plus commercial activities designed to serve a regional area with emphasis on shopping centers and group commercial developments. Uses must incorporate extensive mitigation measures to harmoniously co-exist with nearby neighborhoods. C-2 uses are substantial traffic generators and should be located near the intersection of two principal arterials.

17.    PS Private Schools District

This district provides for religious facilities and private educational facilities.

18.    T-P Technological Park District

This district provides for administrative, research and specialized manufacturing activities at a low intensity. Uses include a mix of light industrial, professional office, office/showroom, office/warehouse, ancillary retail services and related uses. All uses shall be of a non-nuisance type and minimal scale having low silhouette, a variety of separate building masses and landscaped areas. This district is to provide employment near residential areas and the development standards are intended to be compatible to adjacent residential uses and provide a park-like setting for employment.

19.    Parks and Open Space District

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

((O)11-02, Amended, 2/2/11; (O)07-33, Amended, 9/19/07)

C.    Boundaries of Districts – Rules Where Uncertainty May Arise

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

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

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

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

Section 23.2 Effect of Districts

A.    Effect of Establishment of Zoning Districts

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

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

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

3.    Analogous uses as determined by the Planning and Zoning Administrator.

4.    Accessory uses customarily incidental to the permitted uses.

Section 23.3 Table of Permitted Uses

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

A.    Uses Permitted by Right

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

B.    Conditional Special Uses

A “C” indicates that a use category or specific use type is allowed only if reviewed and approved in accordance with the procedures and standards of Section 22.4, Use Permits.

C.    Ancillary Uses

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

D.    Uses Not Allowed

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

E.    Uses Subject to Specific Regulations

Numbers in the final column of the Table of Permitted Uses indicate that the listed use is subject to use-specific regulations in one or more districts in which the use is allowed. The numbers in the parentheses provide a cross-reference to the use-specific regulations, which can be found within Section 25.1, unless otherwise indicated.

TABLE 23-1: PERMITTED USES

Single-Family

Multi-Family

Commercial

Other

USE CATEGORY

SPECIFIC USE TYPE

R1-

300

R1-

144

R1-

72

R1-

43

R1-

36

R1-

20

R1-

10

R1

-7

S

D

H

6

R-

4

R-4R

R-S

R-6

C-N

C-1

C-2

PS

T-P

P
O
S

ADDL REGS

RESIDENTIAL USES

Residential

Community residences

P

P

P

P

P

P

P

25.1.E

Dwelling units, multi-family

P

P

Dwelling units, single-family

P

P

P

P

P

P

P

P

P

P

P*

*23.6(D)(1)

Home occupations

P

P

P

P

P

P

P

P

P

P

P

P

P

25.2.C

Independent living facility

C

C

P

C

Model homes

C

C

C

C

C

C

C

C

C

C

C

Single-family dwellings having either party walls or walled courtyards

P

P

Site-built, site-delivered dwelling units, single-family

P

Temporary real estate offices

P

P

P

P

P

P

P

P

P

P

P

P

25.1.Q

PUBLIC, INSTITUTIONAL, AND CIVIC USES

Public, Institutional, Civic

Business schools or similar private schools

C

P

P

Cemetery, including funeral chapel

C

C

Community buildings and recreational facilities, private, not-for-profit, such as athletic fields and boy’s clubs

C

C

C

C

C

C

C

C

C

C

C

C

C

Community buildings other than hospitals, parks, and playgrounds

P

C

P

P

Flood control facilities and water recharge areas

C

General aviation airstrip

P

Golf course (except miniature golf course or commercial driving range)

C

C

C

C

C

C

C

C

24.6

25.1.J

Golf driving range

C

Hospitals

C

Municipal services

P

P

P

P

Museum

C

P

P

New utility poles and above ground wires

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

25.1.N

Community-owned recreation facilities and buildings other than hospitals

P

P

P

P

P

P

P

P

P

Fire stations and rescue facilities

P

P

P

P

25.1.I

Post office (substation)

P

P

P

Private college or university having a regular curriculum

P

Private garages

P

P

Private schools having a curriculum equivalent to public schools

P

Private tennis courts (unlighted)

P

P

P

P

P

P

P

P

P

Public parks and recreational facilities

P

Public swimming pools, tennis courts or sport courts

C

P

25.2.D

Religious institution

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

25.1.A

Tennis courts (lighted) and sports clubs

C

C

C

C

C

C

C

C

25.1.R

Transit center

C

Utilities either publicly or privately owned

C

C

C

COMMERCIAL USES

Automobile Related

Parts store

C

P

P

25.1.B

Sales

C

Car rental establishments

C

C

25.1.C

Car washes/detailing

C

C

25.1.G

Gas stations and/or automotive service

C

C

25.1.G

Food and Beverage Related

Bakery

P

P

P

Bars and cocktail lounges with live entertainment or patron dancing

C

Bars and cocktail lounges without live entertainment or patron dancing

P

Candy shop

P

P

P

Concession facilities

P

Grocery store

P

P

P

23.8.B

Ice cream parlor

P

P

P

Restaurant, cafe, or delicatessen without entertainment/alcohol

P

P

P

A

23.8.F

25.1.O

Restaurant, cafe, or delicatessen with outside seating

P

P

P

A

23.8.F

25.1.O

Restaurant, cafe, or delicatessen with entertainment/alcohol

C

C

C

25.1.O

Manufacturing and Processing

Art needlework, hand weaving, tapestries, books (hand binding and tooling), jewelry, medical, dental, and drafting instruments, optical goods and equipment, watches, clocks, and other similar precision instruments, small electrical or electronic apparatus, musical instruments, games or toys

P

Office and Professional

Broadcasting station and studio, radio or television (excluding towers and communication facilities)

P

P

P

Business and professional offices (including medical and dental)

P

P

P

P

P

P

Optician

P

P

P

Office, laboratory and manufacturing uses which do not pose a danger to the health and safety in surrounding areas and which do not create any excessive traffic, offensive noise, vibration, smoke, radioactivity, electromagnetic interference, dust, odor, heat or glare and which, by reason of high value in relation to size and weight of merchandise received and shipped, generate a minimum of truck traffic

P

Office, laboratory and manufacturing uses which do pose a danger and create negative impacts (per above)

C

Retail Sales

Antique store

P

P

P

Art gallery

C

C

P

P

P

Bicycle shop

P

P

P

Book or specialty paper store

P

P

P

Camera store

P

P

P

Clothing store

P

P

Convenience uses (not specifically addressed elsewhere)

C

C

C

25.1.G

Craft shop

P

P

P

Drug store

P

P

P

23.8.B

Fabric store

P

P

P

Florist

P

P

P

Furniture store

P

P

General merchandising, including variety and specialty stores

P

P

P

A

23.8.F

Gift/hobby shop

P

P

P

Hardware store

P

P

P

23.8.B

Medical marijuana dispensary

P

P

25.1.V

Video store

P

P

P

Service Related

Appliance repair shop

P

P

Banks or financial institutions

C

P

P

P

A

Barber or beauty shop or day spa

P

P

P

Blueprinting, printing, lithograph, publishing or photostating

P

P

P

P

Clinic with urgent care facilities

C

P

Dry cleaners and laundromats, excluding industrial cleaning and dyeing plants

P

P

P

A

Communications, informational, and other technical service

P

Day nursery or preschool (drop-off > 100' from residential district)

C

C

P

P

P

P

A

Day nursery or preschool (drop-off ≤ 100' from residential district)

C

C

C

C

C

P

C

Funeral chapel and mortuary

P

P

Indoor recreation, health spa, health studio or fitness center

P

P

P

P

25.1.K

Hospital for animals including boarding and lodging

P

P

P

25.1.L

Mail service

P

P

P

Pet grooming

P

P

P

Private clubs with entertainment/alcohol

C

Private clubs without entertainment/alcohol

P

P

Rehabilitative care facility

C

C

C

Self storage

C

C

Sexually-oriented businesses

Shoe repair shop

P

P

P

Skilled nursing care facility

C

C

C

Studio for professional work or teaching of any form of commercial or fine arts

P

P

P

P

P

Telephone answering service

P

P

P

Theater

C

P

Utility payment store

P

P

P

Visitor Accommodation

Boarding house or lodging house

C

C

C

25.1.T

Guest ranches

P

25.1.T

Hotels/motels

P

C

P

25.1.T

Resorts

P

25.1.T

Short-term rental properties

C

C

C

Timeshare units

C

C

C

25.1.S

AGRICULTURE USES

Agriculture

Farms and ranches

C

P

C

C

C

C

C

C

Marketing of products raised on the premises

P

25.1.M

Medical marijuana dispensary off-site cultivation location

P

P

25.1.V

Medical marijuana designated caregiver cultivation location

P

P

25.1.V

Medical marijuana designated qualifying patient cultivation location

P

P

25.1.V

Plant nursery

C

C

P

OTHER USES

Other

Antennas

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

25.1.F

Major communications facilities

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

25.1.F

Minor communications facilities

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

25.1.F

Motion picture production

P

Outdoor displays

A

A

A

25.1.A

ACCESSORY USES

Accessory Uses

Accessory buildings and uses

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

25.2

((O)11-23, Amended, 9/21/111; (O)11-02, Amended, 2/2/11; (O)10-13, Amended, 10/27/10; (O)07-33, Amended, 9/19/07)

Section 23.4 Table of Dimensional Requirements

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

TABLE 23-2A: DIMENSIONAL REQUIREMENTS (Residential)

Zoning District

Minimum Property Size

Minimum Lot Area (square feet)

Yard Setbacks (feet)

Building Height

Minimum Distance Between Bldgs

Addl Regs

Area

Width

Front

Side

Rear

(feet)

R1-300

-

300,000

300

50

20

50

34

10

23.6.B

R1-144

-

144,000

150

50

20

50

18

10 *

23.6.C

R1-72

-

72,000

150

50

35

50

22

10 *

23.6.D

R1-43

-

43,560

150

30

20

40

18

10 *

23.6.E

R1-36

-

36,000

120

30

15

40

18

10 *

23.6.F

R1-20

-

20,000

80

30

15

30

18 ft. or 2 stories

10 *

23.6.G

R1-10

-

10,000

80

25

10

25

25 ft. or 2 stories

10 *

23.6.H

R1-7

-

7,000

70

20

7.5

20

25 ft. or 2 stories

10 *

23.6.I

SDH-6

-

6,000

50

20 *

15 *

(1st side)

5 *

(2nd side)

25 *

18 *

20 *

23.6.J

R-4

1 acre

*

-

*

*

*

25 feet or 2 stories

10 *

23.7.B

R-4R

50 acres prior to street dedications

*

-

*

*

*

34 feet

10 *

23.7.C

R-S

-

-

*

*

*

25 feet or 2 stories*

10 *

23.7.D

23.7.E

R-6

5 acres (residential)

1 acre (business and professional offices or other permitted or conditional use)

*

-

30

20

20

25 feet or 2 stories *

*

23.7.E

(Rev. 1/4/06 (O)06-02)

Zoning District

Minimum Property Size

Yard Setbacks (feet)

Maximum Building Height

Min. Open Space

Max. Floor Area Ratio

Addl Regs

Front

Side

Rear

CN

0 acres

20*

0-50*

0-50*

25 feet or 2 stories

25%

.25

23.8.B

C-1

5 acres

20

0-50*

0-50*

25 feet or 2 stories

20%

.30

23.8.C

C-2

10 acres

20

0-50*

0-50*

30 feet or 2 stories

20%

.40

23.8.D

PS

5 acres (schools only)

*

*

*

1 story and 24-45 feet *

25%

23.8.E

T-P

3 acres

3:1*

0-50*

0-50*

34 feet *

25%

.50*

23.8.F

POS

0-50*

0-50*

0-50*

1 story and 25-45 feet *

*

.15*

23.8.H

((O)11-02, Amended, 2/2/11; (O)07-33, Amended, 9/19/07)

Section 23.5 Measurements and Exceptions

A.    Lots

1.    Measurement

a.    Lot Area

The same as “net lot area.”

b.    Net Lot Area

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

c.    Lot Width

The width of the lot is determined as follows:

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

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

d.    Minimum lot width

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

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

2.    Corner Lots: Special Limitations

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

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

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

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

B.    Height

1.    Measurement

a.    Building, Height

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.

b.    Building Height (Sloped Area)

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.

c.    Building Height Contour Line

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.

2.    Exceptions

a.    Flagpoles and Flags

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

b.    Chimneys and Solar Equipment

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

c.    Architectural Elements

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

C.    Setbacks

1.    Measurement

a.    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, except as exempted by subsection C.2 below.

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

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

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

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

2.    Exceptions

a.    Projections Into Required Yards of Residential Buildings

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

i.    Sills, belt courses, and ornamental features may project up to two (2) feet into the required yard.

ii.    Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the adjacent natural ground level may project into the required yard provided their projections be at least five (5) feet from the adjacent side lot line.

iii.    Balconies and stairs may project four (4) feet into the required yard, but not nearer than five (5) feet to an adjacent side property line.

iv.    Covered porches may project into the required yard provided they are not nearer than ten (10) feet to the rear property line or may project three (3) feet into the required side yard.

v.    Cornices, eaves, canopies, and awnings projecting over windows may extend into the required side yard up to five (5) feet.

vi.    Chimneys may project two (2) feet into the required yard.

vii.    Mechanical equipment such as air conditioners may be constructed in the required side and rear yards of residential buildings provided they meet the following conditions:

a)    They are screened by a minimum four (4) foot masonry wall and are not visible from adjacent properties. Mechanical equipment which is located within a yard walled by at least a four (4) foot masonry wall and placed no further than ten (10) feet from the wall, or greater than forty (40) feet from the property line, will not require its own screening wall.

b)    A minimum three (3) foot access way shall exist on at least one (1) side of the building to allow for access to the rear yard for maintenance and emergency purposes. For the purposes of evaluation and enforcement, mechanical equipment is assumed to be four (4) feet wide without a screening wall, and five (5) feet with a screening wall.

D.    Floor Area Ratio

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

E.    Open Space

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

Section 23.6 Property Development Standards for Single-Family Residential Districts

A.    Common Regulations of R-1 Districts

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

1.    Building Height

Any structure of two stories or more shall require Conceptual Design Review Board approval in accordance with Section 22.9.

2.    Multiple Dwelling Units

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

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

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

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

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

3.    Detached Accessory Buildings

Except as noted within the development standards for each district and within Section 25.2.A, the following provisions apply.

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

b.    Accessory buildings shall not exceed the height of the main building nor be any closer to the front lot line than the main building.

4.    Walls and Fences

Setback requirements shall not apply to walls or fences less than four (4) feet, six (6) inches in height when located in front yards, or less than six (6) feet when located in side and rear yards (see Section 23.5.A.2 for special requirements regarding corner lots).

5.    Swimming Pools

Swimming pools shall be screened from adjacent properties by a protective fence or permanent structure not less than six (6) feet in height, except that such height may be reduced to not less than four (4) feet in accordance with Section 25.1.BB.2.b.

6.    Access

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

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

B.    R1-300 Single-Family District

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

1.    General Aviation Airstrip requirements:

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

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

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

3.    Aircraft Hangar.

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

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

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

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

4.    Other Detached Accessory Buildings (Not Including Hangars).

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

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

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

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

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

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

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

e.    Setbacks:

i.    Fifty (50) feet front;

ii.    Ten (10) feet side and rear;

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

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

(Amended during 6/11 supplement; (O)10-10, Amended, 09/01/10)

C.    R1-144 Single-Family District

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

1.    Detached Accessory Buildings Setbacks.

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

D.    R1-72 Single-Family Residential District

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

1.    Detached Accessory Buildings Setbacks:

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

2.    Grading Limits:

Twenty thousand (20,000) square feet.

E.    R1-43 Single-Family Residential District

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

1.    Detached Accessory Buildings Setbacks

Side and rear: fifteen (15) feet.

F.    R1-36 Single-Family Residential District

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

G.    R1-20 Single-Family Residential District

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

H.    R1-10 Single-Family Residential District

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

1.    Detached accessory buildings

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

I.    R1-7 Single-Family Residential District

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

1.    Detached accessory buildings

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

J.    SDH-6 Site Delivered Housing District

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

1.    Distance Between Dwellings:

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

2.    Detached Accessory Buildings.

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

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

3.    Design Standards

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

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

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

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

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

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

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

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

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

4.    Exceptions

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

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

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

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

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

i.    Front: Ten (10) feet

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

iii.    Rear: Five (5) feet

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

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

vi.    New accessory structures shall comply with the setbacks required in subsections J.4.a, b, and c of this section.

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

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

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

5.    Architectural Review

All dwellings, except those provided for in Section 23.6.I.5, shall be required to obtain architectural approval from the Conceptual Design Review Board in accordance with the procedures outlined in Section 22.9.

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

Section 23.7 Property Development Standards for Multi-Family Residential Districts

A.    Common Regulations of Multi-Family Districts

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

(Ord. (O)11-01, Added, 2/16/11)

B.    R-4 Townhouse Residential District

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

1.    Density

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

2.    Open Space Requirements

a.    A minimum of ten percent (10%) of the total gross land area of the development shall be set aside for recreation uses or other common landscaped areas unless the overall density of the development is less than five (5) units per acre. The Town Council may waive this requirement because of the relationship of the development to an existing public park or recreation area.

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

3.    Setbacks

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

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

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

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

c.    (Repealed by (O)11-15, 5/18/11)

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

e.    (Repealed by (O)11-15, 5/18/11)

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

C.    R-4R Resort District

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

1.    Density

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

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

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

2.    Open Space Requirements

Buildings may cover an aggregate area of twenty-five percent (25%), excluding parking areas.

3.    Site Perimeter Setbacks and Yards

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

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

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

d.    Exceptions:

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

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

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

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

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

g.    Walls, Fences, and Screening

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

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

(Ord. (O)11-01, Amended, 2/16/11)

D.    R-S Residential Service District

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

1.    Standards for Townhomes

Whenever dwelling units are to be built as townhouses, the development standards in Section 23.7.B shall apply.

2.    Density

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

3.    Open Space Requirements

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

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

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

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

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

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

4.    Building Height

a.    If the R-S development abuts a single-family residential district or an alley abutting a single-family residential district, the Town Council may limit the building height to one (1) story. The Conceptual Design Review Board shall provide a recommendation to the Town Council regarding the building height limitation.

5.    Yards and Setbacks

a.    Wherever an R-S development abuts an R-1 or R-4 District, or an alley abutting any of those districts, a setback of not less than forty (40) feet shall be maintained, except that covered parking may be constructed to within thirty (30) feet of the adjacent district boundary line.

b.    Wherever an R-S development abuts any district other than R-1 or R-4 or abuts an alley adjacent to such other district, a setback of not less than twenty (20) feet shall be maintained except that covered parking may be constructed to within ten (10) feet of the adjacent district boundary line.

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

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

i.    Depressed parking.

ii.    Wall and berming.

e.    Walls and Fences

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

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

E.    R-6 Multi-Family Residential District

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

1.    Density

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

2.    Open Space Requirements

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

a.    Each lot shall contain a minimum of two hundred fifty (250) square feet of usable outdoor living space for each dwelling unit, exclusive of front yards.

b.    Not less than fifty percent (50%) of said required space shall be provided in a single common area, with a minimum dimension of twenty (20) feet at any point.

i.    Portions of yards (excluding the front yards) which are contiguous with and an integral part of the outdoor living space may be included in calculating the area and minimum dimensions of such space.

ii.    Pools and paved recreation areas may be developed in the required common space.

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

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

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

f.    The remainder of the required open space shall be provided in landscaped or natural open space.

3.    Building Height

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

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

4.    Minimum Distance Between Buildings

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

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

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

5.    Walls, Fences and Required Screening

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

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

i.    Depressed parking

ii.    Wall and berming

6.    Recreational Facilities

a.    Wherever there is constructed on a lot, or contiguous lots, multiple dwellings which have fifty (50) or more dwelling units, an active outdoor recreational facility shall be provided for the occupants of said units. In addition to the active outdoor recreation area, an indoor recreational facility shall also be provided for the occupants of said dwelling units. The recreational facility may be used as the leasing, sales, or manager’s office, but that use may not exceed thirty percent (30%) of the gross floor area. The balance of the facilities shall include group meeting facilities and facilities for exercise, table sports, and games.

b.    Wherever there is constructed a multiple dwelling which has twenty (20) or more dwelling units, there shall be provided on the lot site of said multiple dwellings a play area for children. Said play area shall be separated from any private access ways and public streets by a fence or wall. The tot lot requirement may be excluded from a senior citizens development.

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

Section 23.8 Property Development Standards for Nonresidential Districts

A.    Common Regulations of Nonresidential Districts

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

(Ord. (O)11-01, Added, 2/16/11)

B.    C-N Neighborhood Commercial District

1.    Floor Area Limits

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

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

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

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

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

2.    Building Height

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

b.    Architecturally appropriate elements such as bell towers or mechanical screening may exceed this limitation by no more than seven (7) feet, subject to approval by the Planning Division Manager. Additional height for architectural elements, up to thirty-five (35) feet, must be approved by the Town Council.

3.    Courtyards and Pedestrian Malls

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

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

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

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

4.    Yards and Setbacks

a.    Front

i.    Where adjacent to a residential district, the front setback regulations of the residential district shall apply.

b.    Side and Rear Setbacks

i.    Fifty (50) feet or 3:1, whichever is greater (setback to building height), where the lot abuts a single-family residential district or abuts an alley that is adjacent to a single-family residential district.

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

5.    Service and Delivery Outdoor Activities Hours of Operation

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

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

6.    Commercial Site Design

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

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

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

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

7.    Parking

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

source: Casas Adobes Plaza

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

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

8.     Residential Site Design

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

i.    Attached Dwelling Units with First Floor Office or Retail

source: www.rosecrestvillage.com

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

source: www.internest.com

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

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

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

9.    Architecture

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

source: amreit.com

((O)11-02, Amended, 2/2/11)

C.    C-1 Commercial District

1.    Floor Area Limits

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

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

2.    Building Height

Architectural elements such as bell towers may exceed this limitation by no more than ten (10) feet, subject to approval by the Conceptual Design Review Board.

3.    Courtyards and Pedestrian Malls

C-N standards apply.

4.    Yards and Setbacks

C-N standards apply.

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

D.    C-2 Commercial District

1.    Building Height

Architectural elements such as bell towers may exceed this limitation by no more than ten (10) feet, subject to approval by the Conceptual Design Review Board.

2.    Courtyards and Pedestrian Malls

C-N standards apply.

3.    Yards and Setbacks

C-N standards apply.

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

E.    PS Private Schools

1.    Building Height

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

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

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

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

2.    Yards and Setbacks

a.    Private School and College Facilities

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

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

b.    Residence

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

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

((O)11-15, Amended, 5/18/11; (O)11-01, Amended, 2/16/11; (O)07-33, Amended, 9/19/07)

F.    T-P Technological Park District

1.    Retail Sales Uses

Retail sales are allowed as an ancillary use directly related to and contained within the structure of the primary use.

2.    Floor Area Limits

a.    Ancillary uses shall be no greater than five thousand (5,000) square feet of gross floor area per individual business, except that expansions may be allowed with a conditional use permit.

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

c.    The gross floor area of any one (1) structure shall not exceed fifteen thousand (15,000) square feet on lots less than ten (10) gross acres, except that expansions may be allowed with a conditional use permit.

3.    Courtyards and Pedestrian Malls

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

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

c.    The courtyard/mall requirement may be waived by Town Council based on a suitable alternative design solution being presented to and approved by the Conceptual Design Review Board.

4.    Yards and Setbacks

a.    Front Yard: A ratio of three to one (3:1) shall be used. For buildings less than a height of twenty-five (25) feet, a ratio of two to one (2:1) will be permitted.

b.    Side and Rear Setbacks

Fifty (50) feet or a three to one (3:1) ratio (setback to building height), whichever is greater, where the lot abuts a residential district or abuts an alley that is adjacent to a residential district.

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

G.    Parks and Open Space District

1.    Open Space Requirements

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

2.    Building Height

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

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

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

3.    Setbacks

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

((O)11-01, Amended, 2/16/11)

Section 23.9 Property Development Standards for Planned Districts

A.    Common Regulations of Planned Districts

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

(Ord. (O)11-01, Added, 2/16/11)

B.    PRD Planned Residential Developments

(Ord. (O)11-01, Amended, 2/16/11)

C    PAD Regulations

1.    General Provisions

The following standards and requirements apply to all PAD Districts:

a.    Minimum district size: Twenty (20) acres

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

c.    Underlying zoning districts established:

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

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

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

i.    Permitted and conditional uses,

ii.    Area/volume ratios,

iii.    Density,

iv.    Building height,

v.    Distance between buildings,

vi.    Landscaping,

vii.    Yards and setbacks,

viii.    Walls, fences and required screening,

ix.    Access.

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

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

(Ord. (O)11-01, Amended, 2/16/11)

1

Code Reviser’s Note: Ord. No. (O)11-23 provides that its amendments expire on February 1, 2013.