Chapter 22
REVIEW AND APPROVAL PROCEDURES

Section 22.1 General Provisions

A.    Form of Application and Application Filing Fees

Applications required under this Chapter shall be submitted in a form and in such numbers as required by the official responsible for accepting the application. Applications shall be accompanied by the fee that has been established by the Town Council. Fees are not required with applications submitted by the Town Council, Planning and Zoning Commission, or Town agencies. Application fees are nonrefundable, unless otherwise expressly stated.

B.    Application Completeness

An application will be considered complete if it is submitted in the required form, includes all mandatory information, including all exhibits specified by the Planning and Planning and Zoning Administrator, and is accompanied by the applicable fee. A determination of application completeness shall be made by the Planning and Planning and Zoning Administrator within 10 days of application filing. If an application is determined to be incomplete, the Planning and Planning and Zoning Administrator shall provide written notice to the applicant along with an explanation of the application’s deficiencies. No further processing of the application shall occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 30 days, the application shall be considered withdrawn and the application shall be returned to the applicant.

Section 22.2 General Plan Amendment Procedures

A.    Purpose

A General Plan amendment is any change that occurs between Comprehensive Plan updates. Amendments may involve a change to the Land Use Map for specific properties or a change to the text. Requests for amendments, if approved, can effect change to any section of the document including, but not limited to, the various elements, policies, objectives or goals.

B.     Rezoning Conformance with the General Plan

Any zoning changes in land use must conform, in all respects, with the Town’s adopted General Plan and Land Use Map. See Section 22.3 for further information on rezoning compliance with the General Plan.

C.    Types of Amendments to the General Plan

Text and land use map changes will be classified as follows:

1.    Major Amendment

A substantial alteration of the land use mixture or balance that meets one or more of the following criteria:

a.    A change in land use designation that is expressed as a major amendment in Table 22-1, unless the proposal meets the criteria listed in Section 22.2.C.2.b or 22.2.C.2.c.

b.    Amendments for properties beyond the General Plan Urban Services Boundary (USB).

c.    Text changes that add or rescind any element, policy, objective or goal to the Plan.

d.    Text changes that substantially alter the intent of any element, policy, objective or goal.

2.    Minor Amendment

a.    Any change in land use designation that is expressed as a minor amendment in Table 22-1.

b.    All amendments that are five acres or less in size and that are contiguous to like existing land use categories.

c.    Amendments to the Land Use Map that achieve conformity with either existing land uses or Pima County zoning upon annexation.

d.    Text changes that clarify any portion of an element, policy, objective or goal without substantially altering the intent.

e.    Amendments that do not meet the criteria for a major amendment.

3.    Exceptions

The following shall not require a formal amendment to the General Plan and be reviewed administratively.

a.    All scriveners’ errors will be subject to administrative approval. Scrivener’s errors are unintentional clerical mistakes made during the drafting, publishing, and copying process.

b.    Public schools are not subject to the amendment process.

TABLE 22-1 General Plan Amendment Matrix

1.    For a complete definition of the land use designations, please refer to the General Plan.

2.    Amendments to areas designated as MPC will be treated, per the General Plan Amendment Matrix Table, based on the land use and density of the MPC designation. If no specific land uses and densities are called out for the MPC, it will be treated, for the purpose of the amendment only, as MDR and NCO (no more than ten (10) percent).

3.    Excluding public schools. Public schools are not subject to the amendment process.

D.    General Plan Amendment Procedures

All minor and major amendments to the General Plan shall follow the procedures outlined below:

1.    Application

a.    Amendments to the Land Use Map may be initiated by the Town or by the landowner only.

b.    Text amendments including, but not limited to, the General Plan elements, policies, goals, objectives and implementation strategies may be requested by any individual, whether a land holder in the Town or not, or by a Town Official or Town resident.

2.    Review Process

a.    Minor Amendment

i.    Submittal requirements are established by the Planning and Zoning Administrator. Additional studies or other materials may be required when warranted.

ii.    Amendments may be submitted any time of the year.

iii.    Neighborhood Meetings

a)    At least one neighborhood meeting must be provided prior to submittal of a formal application for all proposed changes to the Land Use Map.

b)    Town policies for notification of General Plan amendments must be followed to achieve a neighborhood meeting.

c)    Additional meetings for text amendments may be required at the discretion of the Planning and Zoning Administrator.

b. Major Amendment

i.    Submittal requirements are established by the Planning and Zoning Administrator. Additional studies or other materials may be required when warranted.

ii.    Applications are accepted from January 1st to April 30th.

iii.    Neighborhood Meetings

a)    At least two neighborhood meetings must be provided prior to submittal of a formal application for all changes to the Land Use Map. If there are any substantive changes to the application after formal submittal, an additional neighborhood meeting will be required.

b)    Neighborhood meetings must occur not more than two (2) months prior to submittal. The meetings must be facilitated by Town of Oro Valley staff.

c)    Town policies for notification of General Plan amendments must be followed in notifying property owners of a neighborhood meeting.

iv.    All applications must be reviewed concurrently at a minimum of two public hearings by the Planning and Zoning Commission in different locations.

v.    All major amendments are to be presented to the Council at a single public hearing prior to the end of the calendar year that the proposal is made.

vi.    Public Notification for All Public Hearings. Public notification shall be given not less than fifteen (15) days prior to the scheduled hearing date and will include at a minimum:

a)    Notice of the proposed amendment will be advertised a minimum of three (3) times in two (2) widely distributed newspapers.

b)    All property owners within one thousand (1,000) feet of the subject property will be directly notified of the amendment when the amendment involves a change in land use. The Planning and Zoning Administrator may expand the notification area in accordance with Section 22.15.B.2.b.

c)    All homeowner’s associations registered in Oro Valley will be notified of the amendment.

d)    Signs noticing the proposed amendment will be posted on the property on a sign or signs three (3) feet by four (4) feet in size, with white background and five (5) inch letters.

vii.    Adoption of a major amendment requires a two-thirds (2/3) vote of the Town Council.

c.    Major General Plan Amendments for Immediate Review. The Town Council may initiate a major General Plan amendment at any time of the year outside of the application timeframe established by subsection D.2.b.ii of this section, subject to the following:

i.    The initiation of a major General Plan amendment pursuant to this section shall be at a noticed public hearing.

ii.    The submittal content, public notice, neighborhood meeting public hearings and super majority approval requirements for a major General Plan amendment initiated pursuant to this section shall conform with the requirements of subsection D of this section.

iii.    Town Council may initiate a major General Plan amendment pursuant to this section based on the following findings:

a)    The applicant has demonstrated that waiting for the normal amendment period would deny substantial and significant benefits to the greater community.

b)    The applicant has demonstrated that waiting for the normal amendment period would place the community at greater health and safety risks.

3.    Adoption of Amendment

The disposition of the General Plan amendment proposed shall be based on consistency with the vision, goals, and policies of the General Plan, with special emphasis on compliance with the following criteria:

a.    The proposed change is necessary because conditions in the community have changed to the extent that the plan requires amendment or modification; and

b.    The proposed change is sustainable by contributing to the socio-economic betterment of the community, while achieving community and environmental compatibility; and

c.    The proposed change reflects market demand which leads to viability and general community acceptance; and

d.    The amendment will not adversely impact the community as a whole, or a portion of the community without an acceptable means of mitigating these impacts through the subsequent zoning and development processes.

The applicant for the amendment shall have the burden of presenting facts and other materials to support these criteria in writing, prior to any public hearings.

4.    Another Application after Denial or Withdrawal

In the event that an application for General Plan amendment is denied by the Town Council or the application is withdrawn after the Planning and Zoning Commission hearing, the Planning and Zoning Department shall not have the authority to accept another application for the same amendment within a year of the date of the original Town Council hearing when the application was denied.

((O)11-21, Amended, 7/6/11; amended during 6/11 supplement; (O)09-01, Amended, 1/7/09; (O)07-23, Amended, 5/2/07)

Section 22.3 Amendments and Rezonings

A.    Code May Be Amended

The provisions of this Code may be amended, supplemented, modified or repealed. Such amendments may apply to the zoning map or to the regulations as set forth in this Code.

B.    Initiation of Application to Amend, Filing

1.    Amendments to the zoning map (rezonings) may be initiated by the Planning and Zoning Commission or the Town Council or a real property owner in the area included in the proposed amendment. A pre-application conference with the Planning and Planning and Zoning Administrator is required.

2.    Amendments to general requirements and uses may be submitted by members of the Planning and Zoning Commission or members of the Town Council. The Planning and Zoning Commission shall order such amendments to public hearing, duly noticed as hereinafter provided.

3.    Real property owners, residents, and Town personnel may request amendments to the general requirements and uses, in writing, to the Planning and Zoning Commission. The Planning and Zoning Commission or the Town Council shall consider such amendments and may: (1) order such amendments to public hearing, duly noticed as hereinafter provided; or (2) deny the request. A denial of public hearing by the Planning and Zoning Commission may be appealed to the Town Council.

C.    Requirements for Rezoning Application

1.    It is the burden of the applicant that all requirements of the application shall be in the form and in such numbers as specified by the Planning and Zoning Administrator.

2.    A detailed written analysis from the applicant describing how the proposed rezoning complies with the goals, policies, and applicable elements of the plan, as well as the Land Use Element and Map, is required as part of the submittal.

3.    An application for rezoning, or any change in land use, will not be accepted if said use is not in full conformance with the adopted General Plan Land Use Map. When a proposed zoning change does not comply, the following options apply:

a.    The applicant will be required to amend the General Plan, or the application for rezoning, prior to initiating a rezoning; or

b.    At the applicant’s discretion, an amendment to the General Plan Land Use Map, if required, may be pursued prior to submittal for a rezoning, or may proceed through the Planning and Zoning Commission and Town Council hearings concurrent with the request to rezone.

(Amended during 6/11 supplement)

D.    Site Analysis and Tentative Development Plan with Application

1.    Site Analysis

a.    Purpose

The site analysis is to serve as a tool that will enable the public, elected officials, the Planning and Zoning Commission, staff and developers to comprehensively evaluate the suitability of the physical and man-made resources of a site for rezoning and development. This tool will have two parts: Part I - Inventory and Analysis and Part II - Land Use Proposal.

b.    General Requirements

i.    The form, contact and number of copies of the site analysis will be specified by the Planning and Zoning Administrator with concurrence by the Planning and Zoning Commission and Town Council.

ii.    A site analysis and rezoning application may be submitted prior to the Tentative Development Plan.

c.    Determination of Compliance with the General Plan

i.    Applications to change the zoning map shall conform to the General Plan. The rezoning ordinance shall further the implementation of, and not be contrary to, the goals, policies, and applicable elements of the Plan.

ii.    Conformance is determined as follows:

a)    Proposals shall be evaluated in relation to all of the policies in the General Plan (not just the map and those in the Land Use Element).

b)    The proposed land uses, densities or intensities are within the range for the subject property’s land use designation as stated in the General Plan.

c)    Upon public hearing review by the Planning and Zoning Commission and Town Council, any rezoning proposal which does not comply with the General Plan will be subject to denial by the Town Council.

d.    Determination of Adequacy

i.    A site analysis shall be determined inadequate if it is in gross non-compliance with existing ordinances or policies such that the development proposed cannot proceed to hearing without significant changes to achieve compliance.

ii.    For those site analyses determined to be inadequate, the petitioner will receive a written list of the additional information and/or materials necessary to bring the site analysis into compliance. The petitioner has two options:

a)    Correct any deficiencies in the site analysis, or

b)    Allow the development proposal to proceed directly to public hearing before the Planning and Zoning Commission at the earliest possible date with a negative recommendation from Town staff.

iii.    A determination of adequacy does not constitute project approval by the Town staff.

2.    Tentative Development Plan

a.    All applications for rezoning shall be accompanied by a tentative overall development plan, which shall be prepared to specifications set by the Planning and Planning and Zoning Administrator.

b.    Any proposed changes to a Tentative Development Plan approved in conjunction with a rezoning shall be submitted to the Planning and Zoning Administrator, who shall review the item and shall ascertain whether or not the change is significant. If a change is determined to be significant, revised plans shall be submitted for reconsideration by both the Planning and Zoning Commission and Town Council. A significant change shall be determined by, but not be limited to, the following criteria:

i.    Any change to the permitted use or uses. Permitted uses shall mean the primary and alternative uses as set forth in the Tentative Development Plan and conditions attached to the approved rezoning.

ii.    Any change to the development standards or zoning conditions relating to building heights, setbacks, open space requirements, any reduction in open space, parking, floor area ratios and density.

iii.    Any change to the Tentative Development Plan associated with this rezoning which would vary any material terms or conditions of the rezoning, which would modify any proposed density standards, any kinds of street or land improvements proposed affecting the standards and layout for vehicular circulation, signs and nuisance controls intended for the development.

iv.    Nothing in this section shall be deemed to authorize the Planning and Zoning Administrator to modify or approve any aspects of development reserved to the Conceptual Design Review Board pursuant to Section 22.5.

(Amended during 6/11 supplement)

E.    Amendments to General Requirements and Uses

In the event that requests for amendments to the general requirements and uses are made, no application, posting or mailing shall be required, but all other requirements of this Chapter shall be adhered to. When amendments include substantive matters of administration, they shall be referred to the person who is charged with that administration. Such person shall have an opportunity to present his comments, suggestions and objections, if any, prior to passage of the amendments.

F.    Administrative Review - Rezoning

When an application has been filed, the Planning and Zoning Administrator shall make a report based on a review of the application with regard to the requirements of this Code, the General Plan and other considerations. He shall transmit, as appropriate, pertinent information on the requested zone change to the Town Engineer, County Engineer, County Wastewater and appropriate school district, the County and State Health Departments, and Arizona Department of Transportation and Rural Metro Fire Department or any other interested public agency for review and recommendation and the report shall include the recommendations of the above-mentioned agencies. The report shall be made available to the Planning and Zoning Commission, the applicant and other interested parties at least five (5) days prior to the public hearing.

G.    Notice of Planning and Zoning Commission Hearing

1.    With the filing of a complete application, the Planning and Zoning Administrator shall set a date for public hearing before the Planning and Zoning Commission, which date shall not be more than fifty (50) days from the date of said filing. The date, time and place of such public hearing and the nature of the amendment requested shall be published in a newspaper of general circulation in the Town of Oro Valley and the notice of said hearing shall be posted on the subject property. Both the publication and posting shall give fifteen (15) days’ notice of such Planning and Zoning Commission meeting. It shall be the responsibility of the applicant to maintain the posting.

2.    When the Planning and Zoning Commission or the Town Council initiates an amendment that proposes a change in any zoning district on the zoning map, the notice required to be published and posted shall also be mailed by certified mail to the last known address of all owners of property which is proposed to be rezoned by said amendment, said owners to be determined by a current list of ownership. The list of owners will be obtained not more than forty-five (45) days prior to the date of hearing before the Planning and Zoning Commission with said notices to be mailed not less than thirty (30) days prior to the date of the first public hearing.

3.    Not less than fifteen (15) days before the first public hearing, copies of the notice as published and posted shall be sent by regular mail to the owners of property within the Town which is within six hundred (600) feet of the property or premises on which the proposed change would take effect if approved. Failure of such property owners to receive such notice shall not invalidate any amendment as may be approved.

a.    The applicant shall submit to the Planning and Zoning Administrator a list obtained from the office of the tax assessor of Pima County giving the names and addresses of all owners of property within the Town, any part of which is within six hundred (600) feet of the property or premises on which the proposed change would take effect if approved. Such list shall be made not less than sixty (60) days prior to the date of hearing before the Town Council.

b.    The Planning and Zoning Administrator shall have the responsibility to secure the list of owners of property within six hundred (600) feet when the proposed change has been initiated by the Planning and Zoning Commission or Town Council.

H.    Action of Planning and Zoning Commission

Upon completion of the public hearing, the Planning and Zoning Commission shall forthwith transmit copies of its findings and recommendations to the applicant and the Town Council. The report of the Planning and Zoning Commission shall become a permanent record in the office of the Town Clerk.

I.    Failure of the Planning and Zoning Commission to Report on Amendment

If the Planning and Zoning Commission fails to report on any Code or zoning map amendment within ninety (90) days after the filing of the complete application, such failure shall be deemed to constitute no recommendation by the Planning and Zoning Commission and the matter is referred to the Town Council.

J.    Hearing by Town Council

The Town Clerk shall schedule a public hearing before the Town Council at which residents shall have an opportunity to be heard. The date, time and place of such public hearing and the nature of the amendment requested shall be published in a newspaper of general circulation in the Town of Oro Valley and notice of said hearing shall be posted on the subject property. Both such publication and notice of such Town Council meeting shall give fifteen (15) days’ notice of such Town Council meeting. It shall be the responsibility of the applicant to maintain the posting.

K.    Written Protest by Property Owners

If the owners of twenty percent (20%) or more of the area of the property that either is included in the proposed Code or zoning map change, or is immediately adjacent in the rear or any side thereof extending one hundred fifty (150) feet therefrom, or is directly opposite thereto, extending one hundred fifty (150) feet from the street frontage of the opposite lots, files a protest in writing against a proposed Code amendment, it shall not become effective except by a favorable vote of three-fourths (3/4) of all members of the Town Council. If the number of members of the Town Council who are eligible to vote after any have withdrawn from the question because of conflict of interest is three-fourths (3/4) or less, then a unanimous favorable vote of those remaining members shall be required for the amendment to become effective; provided, that such required number of votes shall in no event be less than a majority of the full membership of the Town Council. In determining the ratio of twenty percent (20%), the property of the petitioner shall not be included in the base area.

L.    Conditional Zoning

The Town Council may approve a change of zoning conditioned upon specific development requirements and/or a schedule for development of the specific use or uses for which zoning is requested. If, at the expiration of the period specified by Town Council, the property has not been developed according to said schedule and requirements, it shall revert to its former zoning classification without legislative action. Any request for an extension of, or amendment to, the conditions granted shall be considered a new application.

M.    Another Application After Denial or Withdrawal

If the event that an application for amendment is denied by the Town Council or that the application is withdrawn after the Planning and Zoning Commission hearing, the Planning and Zoning Commission shall have the authority to refuse to accept another application for the same amendment within a year of the date of the original hearing.

N.    Annexations

Whenever land previously zoned by Pima County is annexed by the Town of Oro Valley, such zoning shall continue in effect until Town of Oro Valley zoning is applied, but, in no event, for longer than 6 months after the annexation. The zoning applied shall comply with this Code unless specific exceptions or modifications are made by the Town Council upon annexation and translation of the zoning.

O.    Rezonings to Planned Residential Development or Planned Area Development

Rezonings to PRD or PAD shall follow the requirements in these sections and the additional requirements and review procedures in their respective sections of the Code (Section 24.3, PRD, and Section 24.4, PAD).

((O)07-23, Amended, 5/2/07)

Section 22.4 Zoning in Conformance with the General Plan

In order to ensure the orderly implementation of the Town’s adopted General Plan, the following procedures shall be observed:

A.    Zoning Conformance Analysis

The Planning and Zoning Commission shall initiate a yearly analysis of zoning conformance with the adopted Oro Valley General Plan. The analysis may include all or part of the Town boundaries, as established by the Commission’s work plan (as adopted by Town Council). The Commission shall forward the Zoning Conformance Analysis to the Town Council no later than December 1st of each year. The analysis shall include the following components:

1.    Parcel Inventory

An inventory of individual parcels with zoning not in conformance with the adopted General Plan.

2.    Zoning Status

The current zoning status of the parcels not in conformance with the adopted General Plan. Zoning status will be accorded one of the following designations:

a.    Conditional Zoning

Zoning which has been granted subject to conditions that have not yet been satisfied.

b.    "Hard" Zoning

Zoning for which the property owner has satisfied all conditions of the Town.

c.    Vested Zoning

Zoning that has been established by the issuance of a building permit and the property owner’s substantial expenditures in reliance on the building permit.

3.    Problem Statement

For each parcel with zoning not in conformance with the adopted General Plan, a Problem Statement shall be prepared, by the designated Town Staff, stating the threats that the existing zoning poses to orderly development of the community. The problem statement shall address the following issues, as pertinent:

a.    Environmental/Service System Issues

i.    Environmental impacts (noise, air quality, riparian impacts, sensitive landforms, adverse soils) - Town Engineer and Planning and Zoning Administrator

ii.    Impacts to groundwater supplies - Town Engineer

iii.    Effects on surface water - Town Engineer

iv.    Traffic impacts relative to existing roadway systems - Town Engineer

v.    Adequacy of wastewater facilities - Town Engineer and Pima County Wastewater

vi.    Impacts public safety/police and fire protection - Police Chief

vii.    Adequacy of potable water - Town Engineer

b.    Design Issues

i.    Compatibility with adjacent uses

ii.    Building height and viewshed considerations

iii.    Density and lot coverage issues

iv.    Parking and lighting concerns

B.    Conflict Priority List

Along with the yearly Zoning Conformance Analysis, the Planning and Zoning Commission shall forward a prioritized list of specific parcels, having zoning not in conformance with the adopted General Plan, that pose the most significant threats to the orderly development of the Town. The most significant threats will be those judged to present significant environmental and service system issues, as outlined in subsection T.1.c.i. The prioritized list of conflicts shall form the basis for an Action Plan.

C.    Action Plan

The Action Plan shall include recommendations to the Town Council to resolve zoning conflicts with the General Plan. The Action Plan shall specify one or more possible recommended actions from the following list:

1.    Additional Performance Standards

For conflicts consisting primarily of design issues (subsection T.1.c.ii.) on parcels with hard zoning or vested zoning, the Planning and Zoning Commission may recommend enhanced performance standards for the appropriate district or to the individual rezoning application.

Additional performance standards may include, but are not limited to, setback requirements, height limitations, buffer requirements, cluster incentives, or any other standard with a direct relationship to the design issues at hand.

2.    Transfer of Development Rights

For conflicts based on significant environmental and service system issues, the Planning and Zoning Commission may recommend, and the Town Council may adopt provisions enabling the transfer of development rights to a parcel or parcels that have demonstrated service capacity and appropriate natural characteristics with agreement of the property owner(s).

3.    Change in Zoning Designation

In the case of parcels with conditional zoning, or parcels that pose an extreme danger to public health and/or safety due to environmental or service system issues, the Planning and Zoning Commission may initiate, and the Town Council may approve, a change in zoning designation to a category compatible with the General Plan Land Use Element.

Any recommendation by the Planning and Zoning Commission for a change in the zoning designation of a parcel must be accompanied by the following documentation:

a.    Legal Analysis

A legal analysis, prepared by the Town’s attorney, analyzing the defensibility of the Problem Statement prepared for the parcel and verifying the zoning status of the property.

b.    Supporting Documentation

The designated Town Staff is responsible to provide the supporting documentation, as specified by the Problem Statement.

4.    Town Acquisition of Property

In the case of parcels with conditional zoning, or hard zoned and vested parcels that pose an extreme danger to public health and/or safety due to environmental or service system issues, but in which the Town of Oro Valley has limited ability to effect a zoning change, the Planning and Zoning Commission may recommend, and the Town Council may approve, the purchase of the property.

Any recommendation by the Planning and Zoning Commission for the purchase of a property must be accompanied by the following documentation:

a.    Legal Analysis

A legal analysis, prepared by the Town’s attorney, analyzing the defensibility of the Problem Statement prepared for the parcel and verifying the zoning status of the property.

b.    Supporting Documentation

The designated Town Staff is responsible to provide the supporting documentation, as specified by the Problem Statement.

Section 22.5 Use Permits

A.    Use Permits: Issuance

Use Permits may be granted only when expressly permitted by this Code. Applications shall be made according to the provisions of Section 22.4 of this Code. If a conditional use permit is permitted, but no criteria for the specific use are defined in Section 25.1, the conditions for such use shall be determined by the Planning and Zoning Commission.

Use Permits, which may be revocable, conditional or valid for a term period, may be granted only when expressly permitted by this Code and only after the Planning and Zoning Commission has made a recommendation and the Town Council has found in writing as follows:

1.    That the granting of such conditional use permit will not be materially detrimental to the public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following:

a.    Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination;

b.    Hazard to persons and property from possible explosion, contamination, fire or flood;

c.    Hazard occasioned by unusual volume or character of traffic.

2.    That the characteristics of the use proposed in such use permit are reasonably compatible with the types of use permitted in the surrounding area.

The burden of proof for satisfying the aforementioned requirements shall rest with the applicant.

B.    Use Permits: Application

Application for use permit shall be submitted to the Planning and Zoning Administrator.

Notice of Public Hearing.

1.    With the filing of an application, the Planning and Zoning Administrator shall set a date of public hearing before the Planning and Zoning Commission. Refer to submittal calendar for deadlines. The date, time and place of such public hearing and the nature of the use permit requested shall be published in a newspaper of general circulation in the Town and one notice of the said hearing shall be posted conspicuously on the property. Both such publication and posting shall give fifteen (15) days’ notice of such Planning and Zoning Commission meeting. It shall be the responsibility of the applicant to maintain the posting.

2.    The notice, as published and posted, shall be sent by regular mail to owners of adjacent property not less than fifteen (15) days prior to the date of the first public hearing. The applicant shall submit to the Planning and Zoning Administrator an accurate verified list made within sixty (60) days prior to the date of hearing before the Planning and Zoning Commission giving the names and addresses of the recorded owners of all properties, any part of which is within six hundred (600) feet of the proposed use permit, or more as the Planning and Zoning Administrator may determine necessary to provide reasonable notice. Failure of property owners to receive such notice shall not invalidate a use permit that may be subsequently approved.

C.    Action of the Planning and Zoning Commission

Upon completion of the public hearing on a use permit, the Planning and Zoning Commission shall forthwith transmit copies of its findings and recommendations to the applicant and the Town Council.

D.    Action of the Town Council

The Town Clerk shall schedule a public hearing before the Town Council at which residents shall have an opportunity to be heard. The time and place of such hearing shall be published at least once in a newspaper of general circulation in the Town of Oro Valley not less than fifteen (15) days before the Town Council hearing date. The time and place of such public hearing and the information concerning the use permit requested shall be posted within the area included in the amendment at least fifteen (15) days before such Town Council hearing. It shall be the responsibility of the applicant to maintain the posting.

E.    Decision

Following the conclusion of the public hearing before the Town Council upon the application for a use permit, the Town Council may approve the use permit stipulating those conditions it feels necessary to carry out the provisions and intent of this Code.

F.    Development Review Board

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

G.    Violation

The violation of any condition imposed by the use permit shall constitute a violation of this Code. Failure to maintain any of the approved conditions may result in revocation of the use permit by Town Council. Amendment or addition to any use permit is subject to the same procedures as those that apply to a new application.

Section 22.6 Development Review

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

Section 22.7 Building Permits

A.    When Required

1.    It shall be unlawful to construct, alter, repair, remove or demolish or to commence the construction, alteration, removal or demolition of a building or structure without first filing with the Building Official an application in writing and obtaining a formal permit.

2.    The following are excluded from building permit requirements:

a.    Fences up through six (6) feet in height and freestanding masonry walls up to five (5) feet unless required as a swimming pool enclosure.

b.    Curbs and planter walls up to thirty (30) inches in height and retaining walls up to thirty (30) inches in height unless used to support any surcharge load.

c.    A detached building, ramada, playhouse or similar structure not more than the (10) feet in height nor larger than one hundred forty-four (144) square feet.

d.    Residential television and radio antenna supported on roofs.

e.    Awnings supported only from the exterior walls of buildings.

f.    Repairs and remodeling which involve only the replacement of component parts of existing work with similar materials and which do not aggregate over one thousand dollars ($1,000) in valuation, excluding labor, in any twelve (12) month period and do not affect any structural, electrical, mechanical or plumbing installations. Construction exempt from permit requirements shall not include any conversion of space to a private garage or sleeping area, exit facilities, permanent fixtures or equipment. Specifically excepted from any permit requirement without limit to valuation are:

i.    Painting or decorating

ii.    Installation of floor covering

iii.    Cabinet or trim work

iv.    Outside paving or walks in R-1 Districts

v.    Re-roofing and roofing repairs.

Whenever electrical, mechanical or plumbing work is to be done in connection with the above exemptions, permits shall be required. This section shall not be construed to require separate permits for dwelling and accessory buildings or structures on the same property that are described in the building permit application, plot plan and other drawings.

B.    Completion of Existing Buildings

Nothing in this Code shall require changes in the plans, construction or designated use of a building for which lawful permit has been issued or which has been otherwise lawfully authorized and the construction of which entire building shall be completed, as authorized, within two (2) years thereafter.

C.    Approval in Part

Nothing in this section shall be construed to prevent the Building Official from issuing a permit for the construction of part of a building or structure before the entire plans and detailed statements of said building or structure have been presented and have been found to comply with this Code.

D.    Revocation

The Building Official may revoke a permit or approval issued under the provisions of this Code if there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.

Section 22.8 Certificates of Occupancy

A.    Certificate of Occupancy for Land

A Certificate of Occupancy for the use of vacant land or the change in the character or the use of land, as herein provided, shall be applied for before any such land shall be occupied or used and a Certificate of Occupancy shall be issued within three (3) days after the application has been made provided such use is in conformity with the provisions of this Code.

B.    State if Compliance with Law; Record; Copies

The Certificate of Occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of this Code. A record of all certificates shall be kept on file in the office of the Town Clerk and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the affected building.

Section 22.9 Design Review

Design review entails a two (2) step process, conceptual design and final design. The conceptual design submittal consists of conceptual site plan, conceptual public art plan, and conceptual architectural design plan.

Final design submittals include construction drawings (including final site plan based on the approved conceptual site plan; building plans; improvement plans; final public art plans; final architectural design submittal; native plant preservation, salvage and mitigation plans; and landscape, irrigation, water harvesting, and buffer yard plans and/or final plat). Final design submittals are subject to Town staff approval.

A.    Applicability

1.    Design Review Applicability

a.    The Conceptual Design Review Board (CDRB) shall review all applications prescribed in Section 21.5.B.

b.    The Conceptual Design Review Board shall make recommendations to the Town Council regarding conceptual design submittals for all residential or non-residential development, conceptual non-residential architectural design, conceptual public art design, master sign programs, pad sign exemptions, and Tier II minor communications facilities entailing additional pole height and major communications facilities.

c.    The Conceptual Design Review Board is authorized to approve, conditionally approve or disapprove Tier II minor communications facilities, major communications facilities, conceptual model home architecture, and sign criteria. CDRB decisions are subject to Town Council appeal in accordance with Section 21.5.B. The CDRB shall base its decision on the design principles in subsection D of this section and the design standards within the zoning code.

d.    Prohibition against Circumvention of Chapter

i.    No person, firm, corporation or other legal entity shall sell or lease, or offer for sale or lease, any lot or parcel of land which is within a subdivision, as defined in Chapter 31, without first having recorded a plat thereof in accordance with the provisions of this Code.

ii.    No building permit shall be issued for construction on any lot or parcel of land that is not a part of a recorded subdivision plat or an approved minor land division until final design has been approved in accordance with subsection E of this section.

B.    Preapplication Conference/Development Review Committee

1.    Development Committee

a.    The Development Committee shall include the Planning and Zoning Administrator and/or the Town Engineer and, at the discretion of the Town Council, additional members appointed by the Town Council to serve on a regular or temporary basis.

b.    The Development Committee shall meet with the subdivider or developer during the preapplication conference and, as necessary, to carry out the provisions of this section. In this section, subdivider also means developer, if the sense so requires.

2.    Stage I - Preapplication Conference; Purpose

a.    The preapplication conference stage of subdivision or development planning comprises an investigatory period that precedes actual preparation of preliminary plans by the subdivider. During this stage, the subdivider makes known his intentions to the Development Committee and is advised of specific public objectives related to the subject tract and other details regarding platting procedures and requirements. The preapplication conference is recommended to all applications. Applicants shall notify staff in writing five (5) days prior to a project submittal deadline, if the preapplication conference is declined.

b.    During this stage, it may be determined that a change in zoning would be required for the subject tract or a part thereof and, in such case, the subdivider shall initiate the necessary rezoning application.

c.    In carrying out the purpose of the preapplication stage, the subdivider and the Development Committee shall be responsible for the actions described in the following sections.

3.    Actions by Subdivider or Developer

The subdivider/developer may meet informally with the development committee. Ten (10) working days prior to the pre-application conference, an application shall be submitted.

4.    Actions by Development Review Committee

The Development Committee shall discuss the proposal with the subdivider and advise him of procedural steps, design and improvement standards and general plat requirements. Depending upon the scope of the proposed development, the Development Committee shall proceed with the following investigations:

a.    Check existing zoning of the tract and make recommendations if a zoning change is necessary or desirable.

b.    Determine if the land is covered by the Hillside Development regulations, Section 27.10, or is controlled by the Floodplain Management Code (Ordinance No. 44).

c.    Inspect the site after the subdivider has determined its relationship to major streets, utility systems and adjacent land uses and determine any unusual problems such as topography, utilities, flooding and geological hazards.

d.    (Repealed by (O)11-15, 5/18/11)

e.    Determine if certain lands may either not be subdivided due to adverse topography, periodic inundation, adverse soils, subsidence of the earth’s surface, high water table, lack of water or other natural or manmade hazards to life or property; or control the lot size, establish special grading and drainage requirements; and impose other regulations deemed reasonable and necessary for the public health, safety or general welfare on any lands to be subdivided affected by such characteristics.

5.    (Repealed by (O)11-15, 5/18/11)

C.    Administrative Review of Minor Land Divisions

1.    Purpose and Intent

The purpose of this section is to establish a review process for land divisions, other than subdivisions, by which owners and prospective purchasers can be advised whether a proposed division of land complies with the Town regulations. This review is intended to:

a.    Protect and promote the public health, safety, convenience, and welfare.

b.    Assure that newly created lots are of sufficient size to meet the requirements of the applicable zoning classification.

c.    Assure that all lots resulting from a minor land division will have adequate public street access.

d.    Assure adequate easements are available for utility services.

e.    Assure adequate access is available for emergency vehicles.

2.    Application Submittal and Certification

Prior to recording any minor land division, a property owner shall submit an application for minor land division to the Planning and Zoning Administrator (PZA). This application also constitutes the application for review by the Development Committee per subsection B of this section. This application shall be checked for completeness and, if incomplete, the submittal shall be rejected and the applicant notified within ten (10) working days of the date the application was received.

3.    Review

Determinations to accept or reject the minor land division are made on the following:

a.    Whether the proposed minor land division constitutes a subdivision as defined in Chapter 31.

b.    If the proposed land division does not constitute a subdivision, whether:

i.    The lots resulting from the proposed minor land division conform to the minimum lot size requirements for the zoning classification of the property.

ii.    Adequate access is available to public street(s) from the proposed lot(s).

iii.    The location of any existing building on any lot resulting from the proposed land division complies with building setbacks for the applicable zone.

iv.    Provision of, and access to, public utilities can be accommodated.

v.    Access for emergency vehicles can be accommodated.

4.    Decision and Findings

a.    The applicant shall be notified in writing of the review decision and findings within twenty (20) working days after the minor land division application is filed.

i.    If it is determined that the proposed minor land division complies with minimum requirements of this section, a letter of approval shall be issued to the applicant together with an approved copy of the minor land division.

ii.    If it is determined that the proposed minor land division does not comply with minimum requirements of this section, a letter of denial shall be issued to the applicant.

b.    Compliance with Town ordinances and regulations not reviewed as part of the minor land division review process will be determined at the time of application for building permits when more detailed information is provided on the proposed development of each lot.

5.    Appeal

The applicant may appeal the Planning and Zoning Administrator’s decision to the Board of Adjustment pursuant to Section 22.12.

6.    Compliance

No building permit or zoning compliance certificate shall be issued for development on any parcel that does not comply with the minor land division regulations of this section.

D.    Conceptual Design Review

1.    Conceptual Design Review

Conceptual design approval is required for all new residential and non-residential projects in the Town.

The conceptual design review stage of land development includes submittal, review, and approval of the conceptual site plan, conceptual public art plan and conceptual architectural design plan.

2.    Contents

a.    The Planning and Zoning Administrator, Building Official, and Town Engineer shall prescribe the form and content of applications and necessary accompanying data. The application shall be filed with the Planning and Zoning Administrator.

b.    The conceptual design submittal shall consist of the following:

i.    Conceptual site plan including general layout of all buildings, structures including refuse enclosures, site access and general circulation, parking and loading areas, drive-through(s), buffer yards, setbacks, landscape, monument and entry sign locations, recreation locations, associated site and building data table.

ii.    Conceptual architectural design plan, including overall building composition, facade design elements, vignettes of the following: entry, building and other structures, architectural features, building materials, preliminary building color palette, building cross-sections with floor elevation and heights (roof, parapet, screen, architectural features). Site cross-sections depicting overall topography in relation to neighboring property and existing grade line.

iii.    Conceptual public art plan including narrative, artist information and background, conceptual design, materials, color palette, location and other information required by Section 27.3.G.

c.    Applications shall be made by the owner of the property or authorized agent. If the applicant is not the property owner, a notarized letter from the property owner authorizing the agent to act on behalf of the property owner.

d.    Copies of the conceptual design review plans and required supporting data shall be prepared and filed in accordance with the requirements set by the Planning and Zoning Administrator. Copies of the conceptual site plan shall be reproduced in the form of blue line or black line prints on a white background.

e.    The submittal shall be checked by the Planning and Zoning Administrator for completeness and adequacy and assigned a case number. If incomplete or otherwise inadequate, the submittal shall be rejected and the applicant notified within fourteen (14) calendar days of the date the plan was received. If rejected, this constitutes an original submittal.

f.    To avoid delay in processing the application, the applicant shall provide all information essential to determine general code conformance and general acceptability of the proposed development.

g.    Scheduling of the case for Conceptual Design Review Board meeting shall be dependent upon adequacy of information presented and completion of processing. The plans and required supporting data must be certified complete and acceptable no less than fifteen (15) business days prior to the Conceptual Design Review Board meeting at which the applicant desires to be heard.

3.    Conceptual Design Review Process

a.    Compliance with Zoning, Including Conditions of Rezoning.

The development shall be designed to meet the specific requirements for the zoning district within which it is located. In the event that amendment of zoning is deemed necessary, the rezoning shall proceed according to the requirements of Section 22.3 of this code. Any change in zoning required in relation to the conceptual site plan shall have been authorized by the Town Council prior to approval of the conceptual site plan.

b.    The Planning and Zoning Administrator shall distribute copies of the conceptual design review submittal, including the conceptual site plan, conceptual public art plan and conceptual architectural design plan, to the following review offices:

i.    The Planning Division for compliance to public objectives, giving special attention to design principles as set forth in subsection D.5 of this section; applicable design standards within the zoning code; streets and thoroughfares as related to the Town streets and highway plans and to the neighborhood circulation; utility methods and systems; existing and proposed zoning and land use of the tract and its environs; and land required for schools, parks and other public facilities.

ii.    The Town Engineer for review of the proposed street system; street plans and general compliance with Town street standards; tentative determination of street and drainage improvement and maintenance requirements; location of artwork for safety and visibility; and water and sewerage disposal proposals.

iii.    Police Chief for review of features of proposed development related to public safety and police protection.

iv.    Fire District for review of features of proposed development relating to public safety and fire protection.

v.    County Health Department and Pima County Wastewater Management Department for review of water and sewerage disposal proposal.

vi.    Superintendent of the school district for their information.

vii.    Where the land abuts a State highway, to the Arizona Department of Transportation for recommendations regarding right-of-way and intersection design.

viii.    Appropriate utilities for preliminary review of conceptual design.

ix.    Other agencies that may be affected.

c.    The reviewing offices shall transmit their recommendations in writing to the Planning and Zoning Administrator, who shall present them to the Conceptual Design Review Board and the Town Council with his/her report.

4.    Conceptual Design Approval Process

a.    If the Planning and Zoning Administrator’s (PZA’s) report indicates that the requirements of this section have been met, the Conceptual Design Review Board will consider the conceptual design submittal at the next regular meeting not less than fifteen (15) calendar days from the date of the PZA’s report. Upon consideration, the Conceptual Design Review Board shall forward the plans with its recommendations to the Town Council.

b.    The Town Council shall consider the conceptual design submittal and Conceptual Design Review Board recommendations at its next regularly scheduled meeting not less than ten (10) calendar days after said recommendations are forwarded.

c.    The Town Council shall approve, disapprove or conditionally approve the conceptual design review submittal. The Town Clerk shall record the Town Council’s action upon an official copy of the conceptual design submittal and shall return a copy of the action to each of the following: applicant, applicant’s engineer, applicant’s architect, applicant’s artist, Town Engineer, Planning and Zoning Administrator and private utility companies, together with any conditions for approval.

i.    Findings and Conditions

a)    For applications that the Town Council may approve in accordance with this section, specific findings are required.

b)    The Town Council may approve, with or without conditions, an application if they find that:

1)    All provisions of ordinances of the Town have been complied with.

2)    Where applicable, all provisions of master plans, the zoning code, planned area developments, and development policies and standards of the Town have been complied with.

c)    The Town Council may impose such conditions as it may deem necessary in order to fully carry out the provisions and intent of this code. Violation of any such condition shall be a violation of this code and such violation shall render any permit null and void.

d)    If, in the opinion of the Town staff, the Conceptual Design Review Board or Town Council, a conceptual design submittal is determined to be deficient and is rejected after the conceptual site plan submittal was certified complete, then any resubmittal must be made at least fifteen (15) working days prior to the meeting at which the plan will be reconsidered.

5.    Conceptual Design Review Principles and Town Action

Background: the following design principles are created as a guide to inform Conceptual Design Review Board decisions for conceptual design review approval. Applicable principles are intended to provide a framework for assessment of the overall project design.

The principles listed below are designed as tools to analyze the relationship of project characteristics (e.g., building placement, scale, massing, colors, materials, architectural style) to the surrounding area and are intended to require consideration of the project context area with the goal of enhancing the built and natural environment while mitigating project impacts on adjacent development.

These design principles are not intended to require proposed new development to mirror or match adjacent development nor establish a finding for project denial based on differences between the proposed development and the surrounding area. It is important to note that dissimilar land uses will have dissimilar development standards and design elements. Transitional development standards should be employed to lessen the impact of the development on the surrounding area.

a.    Conceptual Site Design

i.    Building orientation: the location, orientation and size of structures shall promote a complementary relationship of structures to one another.

ii.    Drainage/grading: site grading shall minimize impacts on natural grade and landforms and provide for subtle transitions of architectural elements to grade. Significant cuts and fills in relation to natural grade shall be avoided or minimized to the extent practical given property constraints.

iii.    Connectivity: strengthen the usability and connectivity of the pedestrian environment internally and externally by enhancing access to the public street system, transit, adjoining development and pedestrian and bicycle transportation routes. Where appropriate, buildings and uses should provide access to adjacent open space and recreational areas.

b.    Conceptual Architectural Design

i.    Design: building architectural design shall be appropriate for the climate and characteristics of the Sonoran Desert, including indigenous and traditional textures, colors, and shapes found in and around Oro Valley. All development shall maintain and strengthen the high quality of design exemplified in Oro Valley through project creativity and design excellence.

ii.    Scale, Height and Mass: building scale, height and mass shall be consistent with the Town-approved intensity of the site, designated scenic corridors, and valued mountain views. Buildings shall be designed to respect the scale of adjoining areas and should mitigate the negative and functional impacts that arise from scale, bulk and mass.

iii.    Facade Articulation: all building facades shall be fully articulated, including variation in building massing, roof planes, wall planes, and surface articulation. Architectural elements including, but not limited to, overhangs, trellises, projections, awnings, insets, material, and texture shall be used to create visual interest that contributes to a building’s character.

iv.    Signs: sign colors, design and placement shall be complementary and integral to the project’s architectural and site design themes.

v.    Screening: building design and screening strategies shall be implemented to conceal the view of loading areas, refuse enclosures, mechanical equipment, appurtenances, and utilities from adjacent public streets and neighborhoods.

vi.    Communication Towers: wireless communication facilities shall be located in areas and designed in a manner which reduces the visual impact on the proposed project and surrounding area.

c.    Conceptual Public Art Design

Refer to Section 27.3 for public art design criteria and requirements.

d.    The Conceptual Design Review Board (CDRB) shall forward recommendations to the Town Council for conceptual design applications as provided in subsection D.4.a of this section. The CDRB shall utilize the design principles in subsection D.5 of this section and the design standards within the zoning code in evaluating conceptual design review applications.

e.    In accordance with Section 21.5.B, the CDRB may approve, with or without conditions, sign criteria, conceptual model home architecture, and Tier II minor communications facilities.

i.    Additional procedures for conceptual architectural design review shall be in accordance with subsection D.5.b of this section.

ii.    Signs and other matters that require CDRB review shall be according to this section.

a)    Findings and Conditions

1)    For applications that the CDRB may approve in accordance with Section 21.5.B, specific findings are required.

2)    The CDRB may approve, with or without conditions, an application if they find that:

A)    All provisions of ordinances of the Town have been complied with.

B)    Where applicable, all provisions of the zoning code, planned area developments, and development policies and standards of the Town have been complied with.

3)    Conditions may be imposed in order to fully carry out the provisions and intent of this code. Violation of any such condition shall be a violation of this code and such violation shall render any permit null and void.

6.    Expiration of Approval

a.    Conceptual design approval shall expire and become null and void two (2) years from the date of approval if a building permit has not been issued unless a different time period is made a condition of CDRB approval or unless an extension has been granted.

b.    An extension of any development approval may be granted by the Town Council if the applicant files for the extension prior to the approval becoming void and the Town Council determines the circumstances justify an extension. Extensions up to two (2) years may be granted.

7.    Enforcement

a.    The Planning and Zoning Administrator shall ensure that all matters approved pursuant to this section are undertaken and completed according to the approved conceptual design.

b.    Prior to issuance of a building or sign permit the Building Official shall ascertain that the Town has approved plans which are in conformance with conceptual approval and the time limitations imposed by this code. No building permit shall be issued less than twenty (20) days after Town Council approval in order to allow appeal or review as stated in subsection D.8 of this section.

c.    Town Engineer approval of grading and improvement plans is required prior to issuance of the grading permit.

8.    Appeal and Town Council Review

a.    The approval, with or without conditions, or denial by the CDRB or Town staff of an application shall be final unless, within twenty (20) days from the date of the CDRB’s decision, the applicant files an appeal in writing to the Town Council. Such appeal shall be in writing in care of the Town Clerk and shall indicate where, in the opinion of the appellant, the CDRB or Town staff was in error. The Town Clerk shall schedule the appeal for Town Council review and the Town Council, at its meeting, shall uphold, modify or overrule the decision of the CDRB. The decision of the Town Council shall be final.

b.    The Town Council shall have the right and prerogative to initiate its own review of any decision of the CDRB or Town staff and shall uphold, modify or overrule said decision. Notice of Town Council-initiated review of any decision of the CDRB or Town staff shall be given to the applicant by the Town Clerk within twenty (20) days after action upon the application in question or the decision of the CDRB. The decision of the Town Council shall be final.

((O)11-25, Amended, 10/5/11)

E.    Final Design Review

1.    Final Design

a.    The final design stage includes the review and approval of the final design, including the construction documents package composed of the following items:

i.    Final site plan and associated reports based on the approved conceptual site plan;

ii.    Building plans;

iii.    Improvement plans;

iv.    Final architectural design plan based on the approved conceptual architectural design plan;

v.    Native plant preservation, salvage and mitigation plans;

vi.    Landscape, irrigation, buffer yard, and water harvesting plans;

vii.    Final public art plan based on the approved conceptual public art plan;

The aforementioned plans are subject to Town staff approval. To avoid delay in processing this application, the applicant shall provide all required information found on the Town’s submittal checklists.

b.    Final design submittals that comply with conceptual design approval may be approved by Town staff, subject to appeal to Town Council in accordance with subsection D.8 of this section.

c.    All construction drawings must be stamped by a registered architect or engineer licensed in the State of Arizona.

2.    Contents

All plan and document submittals shall contain the necessary application and supporting data as specified by the Planning and Zoning Administrator, Town Engineer, and Town Building Official.

3.    Final Design Review Submission

The submittal shall be checked by the Planning and Zoning Administrator, Town Engineer, and Town Building Official for completeness. If incomplete, the submittal shall be rejected and the applicant notified within ten (10) working days of the date the submittal was received. If rejected, the next submittal constitutes an original submittal and resubmittal fees will be applicable.

4.    Final Design Process

a.    Copies of all construction documents listed in subsection E.1.a of this section shall be distributed to the following review offices:

i.    Plan review zoning for compliance to public objectives, giving special attention to conformance to the approved conceptual site plan, including design principles and standards as set forth in Section 26.2; design standards within the zoning code; native plant preservation, water harvesting, and landscaping requirements of Section 27.6.

ii.    Plan review engineering for review of the proposed street system; street plans and compliance with Town street standards; determination of street and drainage/hydrology improvement and maintenance requirements; location and type of landscaping, irrigation, and water harvesting methods and locations; and water and sewerage disposal proposals.

iii.    Permitting Division for review of the building plans.

iv.    Oro Valley Water Utility for water plans.

v.    Fire District for review of specific features of proposed development relating to fire protection.

vi.    County Health Department and Pima County Wastewater Management Department for review of water and sewerage and public health and welfare.

vii.    Where the land abuts a State highway, to the Arizona Department of Transportation for specific recommendations regarding right-of-way and intersection design.

viii.    Appropriate utilities for review.

ix.    Other agencies that may be affected.

b.    The reviewing offices shall transmit their comments, conditions, and recommendations in writing to the Planning and Zoning Administrator, Town Building Official, and Town Engineer, who shall consider these recommendations in their decision for approval.

c.    Information Regarding Sanitary Sewerage

As a prerequisite of construction documents review, the applicant shall have informed the County Health Department and/or Pima County Wastewater Management Department of the proposed, tentative plans and learned the general requirements for sewage disposal as applied to the subject location.

5.    Final Design Submittal Approval Process

If all elements of the final design submittal meet all Town requirements of this section, the Planning and Zoning Administrator, Town Engineer, and Town Building Official shall approve the final design submittal, which includes improvement plans; building plans; native plant preservation, salvage and mitigation plans; landscape, irrigation, buffer yard and water harvesting plans; and final site plan and associated reports, final architectural design plan, and final public art plan based on the approved conceptual plans.

6.    Significance and Basis of Construction Documents Approval

Construction documents approval constitutes authorization for the submittal of financial assurances and issuance of permits. Construction documents approval is based upon the following terms:

a.    The conditions under which approval of the construction documents is granted will not be changed prior to the expiration date.

b.    Approval shall expire if improvements have not been started within two (2) years of the date of approval of the conceptual design submittal. A request to extend the time beyond two (2) years must be submitted in writing to the Town Council within two (2) years of the date of approval. Before such extension is granted, the Town Council shall review the existing financial assurances to ensure that the required improvements have been made. If the conceptual design submittal is abandoned, the Town will return the financial assurances less any expenses the Town has incurred.

c.    Building plans are subject to the adopted expiration period of the Town Permitting Division.

d.    When improvement plans have been completed and approved by the Town Engineer, financial assurances may be submitted to the Town as provided in Section 26.6. Earthwork and improvements may begin following approval and acceptance of the financial assurances and all grading permit checklist items, as determined by the Town Engineer.

7.    The Planning and Zoning Administrator shall be permitted to approve changes to CDRB or Town Council approved plans in order to avoid the delay of using the normal review process. Minor, common sense changes or alterations include those that:

a.    Are reasonably similar to the approved plan;

b.    Benefit the Town or the environment;

c.    Are consistent with similarly situated property;

d.    Do not significantly affect building or wall mass or streetscape;

e.    Do not significantly affect final plats or final design, other than administrative changes;

f.    Achieve the same intent as the approved conceptual design.

F.    Final Plat

1.    Final Plat

a.    The final plat includes the final design of the subdivision and all other elements required by State statute and the subdivision requirements of Chapter 26. The final plat and plans shall be submitted by the subdivider for review and action by the Town Council. Final plat approval is required before any improvements such as grading, sewers, water and paving can begin in a residential subdivision.

b.    Final subdivision plats that comply with conceptual design approval shall be forwarded to Town Council for action.

2.    Zoning Requirements

The proposed use of the tract shall conform to the specific requirements for the zoning district within which it is located and any zoning amendment necessary shall have been authorized by the Town Council prior to filing of the final plat.

3.    Utility Easements

It is the responsibility of the subdivider to provide on the final plat, prior to plat recordation, such easements in such location and width as required for utility purposes.

4.    Final Plat Preparation

The final plat shall be prepared in accordance with the requirements of this section, State statute, and as specified by the Planning and Zoning Administrator and Town Engineer, and shall substantially conform to the approved conceptual design submittal.

5.    Dedication in Final Plat

A statement of dedication of all streets, alleys, crosswalks, drainage ways, pedestrian ways and easements for public use signed by the person holding title of record, by persons holding titles as vendees under land contract and by spouses of said parties, shall be included in the final plat. If lands dedicated are mortgaged, the mortgagee shall also sign the plat. Execution of dedication shall be acknowledged and certified by a notary public.

6.    Required Certification

The following certifications are required:

a.    Certification by the registered civil engineer or registered land surveyor making sure that the plat is correct and accurate and that the monuments described in it have either been set or located as described. All maps shall contain the seal of a registered civil engineer or land surveyor.

b.    A floodplain statement prepared by the registrant.

c.    Certification by the Town Clerk of the date the map was approved by the Town Council.

d.    Certification of recordation by the County Recorder.

7.    Final Plat Review and Approval Procedures

The Planning and Zoning Administrator shall assemble the recommendations of the various reviewing offices and submit them with his/her report to the Town Council. The Town Council shall consider the final plat at the next regular meeting not less than thirty (30) days after the date of approval of the improvement plans by the Town Engineer or as determined by the Planning and Zoning Administrator.

a.    The Town Council shall consider the final plat at a regularly scheduled meeting, following approval of the improvement plans by the Town Engineer and acknowledgement by the Town Engineer that all assurances have been filed with the Town and shall be considered with the final plat.

b.    If the Town Council rejects the plat for any reason whatsoever, the reason therefor shall be recorded in the minutes.

c.    Upon approval of the final plat by the Town Council, the Clerk shall transcribe a certificate of approval upon the plat, first ensuring that the other required certifications pursuant to subsection F.6 of this section have been duly signed, that required easements for utility purposes have been included on the plat, that engineering plans have been approved by the Town Engineer and assurances have been accepted.

d.    When the certificate of approval of the Town Council has been transcribed on the plat, the Clerk shall record the approved final plat in the Office of the Recorder of Pima County.

G.    Conceptual and Final Design Stages

1.    The preparation, submittal, review and approval of all minor land divisions, development and subdivisions located inside the limits of the Town shall proceed through the following progressive stages:

a.    Pre-application conference (subsection B of this section)

b.    Public outreach/neighborhood meetings (see Section 22.15)

c.    Stage I: conceptual design review (subsection D of this section). Conceptual design review shall include conceptual site plan, conceptual architectural design plan, and conceptual public art plan

d.    Stage II: final design (subsection E of this section) shall include construction documents, including final site plan, final architectural design plan, and final public art plan based on approved conceptual design submittal; building plans; improvement plans; landscape, irrigation and buffer yard plans; native plant preservation and salvage plans (Section 27.6); and final plat (subsection F of this section if required)

2.    Exceptions to the progressive stages are as follows:

a.    All minor land divisions require Stage I followed by administrative review and acceptance per subsection C of this section.

b.    All subdivisions require Stages I and II. Note: residential subdivisions do not require conceptual public art plans.

((O)11-15, Amended, 5/18/11; (O)07-29, Amended, 6/6/07)

Section 22.10 Grading Permit Procedures

A.    Applicability

Grading permits are required prior to grading as specified in Section 27.9.D.

B.    Type 1 Grading Permits

1.    Permit Application and Review

a.    The grading permit application, grading plan, and other required materials should be submitted for review to the Town.

b.    The grading permit application shall be completed and signed by the owner or owner’s authorized representative.

c.    The grading plan will be reviewed for consistency with the applicable regulations and standards, and if approved, a grading permit will be issued. The grading permit may be issued with additional conditions as deemed necessary by the Town.

d.    If determined to be inadequate, the materials submitted will be returned for corrections. The applicant may resubmit, without additional fees, corrected plans, or materials necessary to conform to submittal requirements.

2.    Permit Issuance and Expiration

a.    Upon issuance of a grading permit, a copy of the permit and approved plan shall be kept in a conspicuous and accessible location on the site.

b.    A grading permit shall be null and void if the authorized work has not been completed within 180 days of permit issuance.

3.    Permit Extensions and Reapplication

a.    Upon written request by the permit holder, the Town may grant a single extension up to 180 days. Requests must be submitted prior to the date of expiration. Consideration will be given to extension requests when quantifiable evidence is submitted.

b.    A reapplication for a grading permit shall be treated as a new application. Fees and additional conditions may be imposed as a result.

4.    Inspections

a.    Pre-grading (when required by subdivision plat notes): The inspector will verify limitations for building pad and other areas to be graded, and identify vegetation required to be salvaged. The grading limitations must be staked or otherwise clearly identified prior to inspection.

b.    Rough grading (to be done prior to construction of residence): The inspector will verify grading to be within limitations of approved plans. Certification of the building pad elevation by a registered land surveyor or civil engineer shall be presented to the inspector at this time.

c.    Final grading (to be done prior to final building inspection): The inspector will verify that all prescriptive requirements of the approved grading/site plan have been satisfied.

5.    Incomplete Final Grading; Temporary Occupancy

a.    In the event that the final grading cannot be completed in its entirety, an assurance, in a form acceptable to the Town, may be posted to allow inspection and occupancy of the residence. This assurance shall be in an amount equivalent to one hundred twenty percent (120%) of the cost to complete the work as shown on the approved grading plan and/or in compliance with this Code. A cashier’s check made payable to the Town is an acceptable form of assurance for this purpose.

b.    The determination of the cost of the remaining work shall be by bids acquired by the permittee. The building official shall make the final judgment as to the adequacy of the assurance amount.

c.    If the balance of the work has not been completed within one hundred twenty (120) days of the date of the temporary certificate of occupancy, the Town may use the assurance to complete the work.

d.    When an assurance is to be posted as a temporary substitute for a final grading inspection, it will still be necessary to have adequate drainage away from the structure. In addition, temporary or permanent means of preventing silting onto public rights-of-way will be required.

C.    Type 2 Grading Permits

1.    Permit Application

a.    The grading permit application, grading plan and other required materials should be submitted to the Town for review and approval.

b.    The grading permit application shall be completed and signed by the property owner or his/her authorized representative.

c.    At the discretion of the Town, grading assurances may be required in the form of assurance or other security acceptable to the Town. In the event that grading is not completed as approved, the assurances may be applied to:

i.    Eliminate potential hazardous conditions; or

ii.    Mitigate the effects of dust, drainage, erosion, visual scars or hazardous conditions in a manner acceptable to the Town.

2.    Permit Application Review

a.    Grading plans and related submittals will be reviewed concurrent with the final plat or development plan (submitted after Conceptual Design Review Board approval), plant salvage and landscape plan for the project.

b.    Grading plans, soils and drainage reports will be reviewed for consistency with applicable regulations and standards, plant salvage and landscape plans and any conditions imposed upon rezoning, development plan or subdivision plat approval. Plans determined to be inadequate or incomplete will be returned for correction and resubmittal. Where inconsistency between plans is evident, the appropriate plan will be resubmitted for review and approval.

c.    The Town will provide written review comments and/or redlined plans to the applicant upon review. Should the grading plans need to be submitted three (3) or more times for review by the Town, the applicant shall be required to pay an additional review fee at the time of the third and each subsequent resubmittal of the grading plans for review by the Town.

d.    Prior to approval of the grading plan, soils report and drainage report, the Town may inspect the site to determine that the submittals are current and reflect existing conditions.

e.    The Town shall require the plans and specifications to be modified to make them consistent with this Code and/or any prior conditions placed upon approval of the project. A grading permit may be issued with additional conditions.

f.    When the grading plans (and improvement plans) meet applicable Town Codes to the satisfaction of the Town, the Town Community Development Director or his/her designee will sign the approval block on said plans.

3.    Preliminary Grading Plan

A preliminary grading plan shall be submitted concurrently with the initial submittal of a preliminary plat and development plans.

4.    Permit Issuance and Expiration

a.    Issuance: Grading permits may not be issued by the Town until the Town Council has approved the final plat or development plan and the necessary assurances have been posted. A copy of the permit and approved plan shall be kept in a conspicuous and accessible location on the site.

b.    Expiration: A grading permit shall be null and void if the authorized work has not been completed within twelve (12) months of permit issuance.

c.    At the discretion of the Town, a preliminary Type 2 Grading Permit may be issued prior to final plat or development plan approval by the Town Council for the purposes of clearing, brushing and grubbing only, provided:

i.    The Town staff has reviewed the grading plans and determined that said plan is viable; and

ii.    The preliminary grading will occur in accordance with the approved preliminary grading plan and no clearing, brushing or grubbing will take place within twenty-five (25) feet from the boundaries of the future development envelope, exclusive of approved entry points; and

iii.    Restoration assurances for the preliminary grading are collected prior to issuance of the preliminary permit; and

iv.    The Town has received a copy of an archaeological clearance letter; and

v.    Town staff members responsible for signing/approving the preliminary grading permit concur with issuance of the preliminary grading permit.

5.    Permit Extension and Reapplication

a.    Upon written request by the permit holder, the Town may grant a single extension of up to one hundred eighty (180) days. Requests must be submitted prior to the date of expiration. Consideration will be given to extension requests when quantifiable evidence is submitted.

b.    A reapplication (after the one (1) time extension) for a grading permit shall be treated as a new application and additional conditions may be imposed as a result.

6.    Changes to Type 2 Grading Permits

a.    Hazardous conditions: If drainage problems, flood hazards or other hazards occur, the Town may require that engineering modifications be submitted in a report and that the grading design be modified.

b.    Non-hazardous conditions: If unanticipated non-hazardous conditions are encountered during grading, which are beyond the scope of the grading permit, the permit holder may request engineering modifications in a report to be reviewed and approved by the Town.

7.    General Inspections

a.    All grading which required a Type 2 Grading Permit will be inspected by the Town. The grading permit applicant (or applicant’s representative) shall request that a representative of the Town inspect or be on site for the following:

i.    Limits of grading and temporary fencing to protect natural areas; and

ii.    Rough grading to be done prior to construction of the project. The inspector will verify grading to be within the limitations of approved plans. Certification of the building pad elevation by a registered land surveyor or civil engineer shall be presented to the inspector at this time; and

iii.    Aggregate base course (ABC) material prior to paving and during compaction testing of the same; and

iv.    Paving of public and private streets and compaction/material testing of the same; and

v.    Open water line (and other utilities as specified by the Town) trenches and backfill materials prior to burial of trench; and

vi.    Any grading activity in addition to what was approved on the grading plans; and

vii.    Stockpiling areas on or off site; and

viii.    Any specific grading activities or areas identified by the Town at the pre-construction meeting (held between staff and the contractor at the time of permit issuance) or during the course of construction activities; and

ix.    Any on-site and off-site compaction testing or asphalt coring.

b.    The permit holder shall provide the Town with an inspection request notification at least twenty-four (24) (preferably forty-eight (48)) hours prior to (or as specified on the grading permit) the time the inspection is needed.

c.    The Town will provide an inspector within two (2) working days from the time the inspection request is received, with the exception of the final grading inspection done in conjunction with the release of assurance.

d.    The final grading inspection shall be done with the release of assurances for civil work or finalization of the project. Final grading inspections may be warranted at an earlier point in the project process.

e.    If the Town finds site conditions are not as stated in the approved grading permit conditions or approved grading plan, the Town may order work authorized by the grading permit to stop pursuant to subsection F.3 of this section.

f.    Whenever grading work requiring Town inspection is concealed by additional work without first having been inspected, the Town may require, by written notice, that such work is:

i.    Exposed, for inspection by the Town, at no cost to the Town; or

ii.    Certified by the project civil engineer as being in conformance with approved plans and applicable regulations.

8.    Final Grading Inspection

a.    All required grading work should be completed in accordance with the grading permit prior to final grading inspection by the Town and full release of assurances or final release of the project.

b.    Where conditions of a grading permit or grading plan include the establishment of vegetation or other final site grading work that extends beyond the expiration of the grading permit, the Town will make inspections per subsection C.7 of this section.

9.    Maintenance of Revegetation

The maintenance of revegetated areas shall be in accordance with Section 27.6(L) of this Code.

(Amended during 6/11 supplement)

D.    Type 3 Grading Permit

1.    Permit Application and Review

a.    Upon issuance of a grading permit, a copy of the permit and approved plan shall be kept in a conspicuous and accessible location on the site.

b.    A grading permit shall be null and void if the authorized work has not been completed within 180 days of permit issuance.

2.    Permit Extension and Reapplication

a.    Upon written request by the permit holder, the Town may grant a single extension up to one hundred eighty (180) days. Requests must be submitted prior to the date of expiration. Consideration will be given to extension requests when quantifiable evidence is submitted.

b.    A reapplication for a grading permit shall be treated as a new application and additional conditions may be imposed as a result.

3.    Permit Inspections

a.    Prior to commencement of grading (or stockpiling), the Town shall inspect the site where said activity is to occur. The applicant shall clearly identify areas to be graded (or earthen material stockpiled). Vegetation to be salvaged shall be identified.

b.    During construction/grading activity, the Town may occasionally inspect to ensure erosion/drainage control measures are in place, functional and maintained.

c.    Upon completion of grading activity, the Town shall inspect to verify that all prescriptive requirements of the approved grading plan and permit have been satisfied. The Town will do a similar inspection upon removal of stockpiled material.

E.    Exceptions and Interpretation Review

1.    Exceptions

a.    Scope: An exception from a provision of this Grading Ordinance may be applied for, and may be granted by the Town of Oro Valley Conceptual Design Review Board, when the intent of this ordinance can be met by other means and when strict application of these provisions could require unnecessary disturbance to the land, would create a hazard to adjacent property, would be materially detrimental to persons residing in the vicinity or would be materially detrimental to the public welfare in general.

b.    Findings: Applications for Grading Exceptions shall address each of the below findings. The Conceptual Design Review Board (CDRB) will review all applications for grading exceptions at scheduled public hearings. When reviewing requests for grading exceptions, the Conceptual Design Review Board shall consider each of the findings and address them in their deliberations. To grant an exception the Conceptual Design Review Board shall find that the request addresses the concerns of each finding and is in substantial compliance with the findings as a whole.

i.    The exception meets the intent and purposes of this Code;

ii.    Granting the exception constitutes the minimum to allow the proposed improvement,

iii.    The conditions on the property are unique such that strict adherence to this ordinance would cause an unnecessary hardship which substantially limits the preservation and enjoyment of property rights;

iv.    The exception imposes conditions so as not to constitute a granting of special privilege; and

v.    That the exception will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general.

c.    Conditions: At the Conceptual Design Review Board’s discretion, conditions may be imposed on the exception that will:

i.    Assure that the intent and purpose of this Chapter are met; and

ii.    Provide adequately for the protection of surrounding property owners and residents; and

iii.    Provide mitigation of scarring and restore the site to a natural appearance in terms of contours and vegetation, where possible.

d.    Application: The request for exceptions shall be made on a form provided by the Town and may be heard within sixty (60) days. Hearing fees shall be required.

e.    Review and notice: The Conceptual Design Review Board will hold a duly noticed public hearing on the exception request and notice of the hearing will be mailed to all property owners within three hundred (300) feet of the grading site prior to such hearing.

f.    A decision of the Conceptual Design Review Board may be appealed within twenty (20) days of the decision to the Mayor and Town Council.

2.    Requests for Interpretation

a.    Scope: Upon request, the appropriate Town representative shall render an interpretation of the regulations of the Chapter. Should any person be aggrieved of said interpretation, a request for review of that interpretation may be made to the Conceptual Design Review Board. At a subsequent meeting, the Conceptual Design Review Board shall review the interpretation in the matter and render its decision, either to uphold the interpretation or to make a different interpretation of this Chapter.

b.    The request for review of an interpretation shall cite:

i.    The disputed interpretation;

ii.    The words alleged to have been misinterpreted.

c.    Application: The request shall be made on a form provided by the Planning and Zoning Department and will be heard within sixty (60) days. Hearing fees shall be required.

d.    Review and notice: The Conceptual Design Review Board will hold a public hearing on the interpretation issue and notice of the hearing will be mailed to the applicant and any other interested, affected party(ies), subject to the Planning and Zoning Administrator approval.

(Amended during 6/11 supplement)

F.    Grading Permit Authorization, Liability, Enforcement and Penalties

1.    Authorization to Proceed with Work

a.    The issuance of a grading permit shall constitute an authorization to do only that work that is described or illustrated on the application for the permit, or on the site plans and specifications as approved by the Town. The issuance of a permit, or the approval of drawings and specifications shall not be construed to be a permit for, nor the approval of, any violation of, or deviation from, the provisions of this or any other Town ordinance, code or regulation. A permit issued shall become invalid if, in the work completed, a violation of this Section or deviation there from ensued. When such violation occurs, the permit shall be deemed to be canceled and the ground shall be restored to the condition it was in prior to start of the grading work.

b.    The issuance of a permit, based upon drawings and specifications, shall not prevent the Town from thereafter requiring the correction of errors in said drawings and specifications, or from stopping unlawful construction operations being carried on thereunder.

c.    The Town may require grading operations and project designs be modified if weather-generated problems occur that were not considered at the time the grading permit was issued.

2.    Liability

Neither the issuance of a permit under the provisions of this ordinance, nor the compliance with provisions hereof, or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the Town for damage to other persons or property.

3.    Enforcement

a.    The enforcement of this Grading Ordinance and conditions of the grading permit shall be in accordance with this Section.

b.    If the Town makes a determination that non-compliance with the conditions of the grading permit, or any condition imposed by rezoning, plat or plan approval exists, the Town may issue a stop-work order and/or citation. Further, the Town shall hold in abeyance, by written notice, any/all town review of other submittals related to the subject project and the issuance of Town permits for any aspect of it until remedial actions have received the written approval of the Town.

4.    Stop-Work Orders

a.    Whenever the Town determines that grading does not comply with this ordinance or the grading permit conditions, or that the soil or conditions are not as stated on the permit, the Town may order the work stopped by written notice served on any person engaged in doing or causing such work to be done, and/or issue a citation.

b.    Any such person shall immediately stop such work until written authorization is granted by the Town to proceed with the work.

5.    Citations

If deemed necessary and appropriate, citations for grading violations may be issued. The Planning and Planning and Zoning Administrator will issue the citation. The Town Engineer shall co-sign citations issued for grading violations occurring within Town right-of-way.

6.    Penalties

a.    Failure to obtain a grading permit: Unless exempted by this ordinance, failure to obtain a grading permit prior to commencement of grading shall be a violation of this ordinance. However, the Town may issue an exception permit if the Town finds that an emergency existed that made it impossible first to obtain a permit.

b.    Violations: A violation of this ordinance may result in issuance by the Town of a stop-work order and/or a citation and penalties in accordance with paragraph 3 of this Section. Payment of fine shall not relieve any person from complying with the requirements of this ordinance.

c.    Penalties: Failure to comply with the approved grading plan, conditions of the grading permit, and/or grading not in compliance with this ordinance shall cause immediate revocation of all permits. At the Town’s discretion, a permit may be issued for the purposes of getting the illegally graded site into compliance with the grading ordinance, for the purposes of re-establishing the grades approved on the grading plan, and for replacing and maintaining protected native plant materials or public property destroyed as a result of the illegal grading operation. New permits for continuing the project shall not be issued until the required fines are paid to the Town.

Section 22.11 Native Plant Preservation, Salvage and Mitigation Plans

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

Section 22.12 Appeals From Administrative Decisions

A.    General

Appeals may be taken to the BOA by persons aggrieved or by any officer, department, board or bureau of the municipality affected by a decision of an administrative official, within 30 days, by filing with the officer from whom the appeal is taken, and with the BOA, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit all papers constituting the record upon which the action appealed from was taken. Said appeal shall be filed on a form provided by the Town Clerk.

B.    Effect of Appeal

An appeal shall stay all proceedings in the matter appealed from unless the officer from whom the appeal is taken certifies to the Board that, by reason of the fact stated in the certificate, the stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the officer from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties in interest and the public.

C.    Majority Vote Necessary

The concurring vote of a majority of the Board shall be necessary to reverse any order or decision of an administrative official, or to pass or to affect any variations from the terms and conditions of this Code.

Section 22.13 Variances

A.    Application

Application for a variance of zoning regulations shall be made to the BOA in the form of a written application. Said application shall be filed with the Town Clerk upon forms provided by the BOA and shall be accompanied by:

1.    Plans and description sufficient to indicate the nature of the project involved and the proposed use with ground plans and elevations of all proposed buildings.

2.    Evidence satisfactory to the BOA of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six (6) months after issuance of the variance.

3.    A filing fee according to the fee schedule adopted by the Town Council. The owner of a nonconforming sign shall not be required to pay a filing fee when applying for a variance from the ordinance that renders the sign nonconforming.

4.    From the time of filing the application until the time of such hearing, the application and all maps, plans and other accompanying data shall be available for public inspection during office hours at the office of the Town Clerk.

B.    Hearings and Notice

Upon receipt in proper form of any such application, the BOA shall proceed to hold a public hearing upon said application not more than thirty (30) days, nor less than fifteen (15) days, after such filing, at which time all persons shall be given an opportunity to be heard. Such BOA shall cause one (1) notice of such hearing to be published in a newspaper of general circulation in the Town and one (1) notice to be posted on the subject property, giving at least fifteen (15) days’ notice of said hearing, and the time and place where said hearing will be held. Said notice, both as published and posted, shall also show the nature of the variance or exception requested and state that anyone wanting to protest may appear in person or by writing. All property owners within three hundred (300) feet must be notified.

C.    Findings

A variance from the provisions of this Code shall not be authorized unless the Board shall find upon sufficient evidence:

1.    That there are special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district; and

2.    That special circumstances were not created by the owner or applicant; and

3.    That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and

4.    That any variance granted imposes such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and

5.    That the authorizing of the variance will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general.

D.    Action

The Board shall prescribe, in connection with any variance, such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of this Code. Such conditions may include, among other things, a limitation of the time for which such variance shall be valid. Violation of any such condition shall be a violation of this Code and such violation shall render the variance null and void.

E.    Review

Any person aggrieved by a decision of the Board after hearing on application made by any taxpayer or municipal officer may petition for a writ of certiorari to review the Board’s decision pursuant to A.R.S. Section 9-465 (1956) as amended.

Section 22.14 Administrative Approval Required

A.    Administrative Approval Required

The Planning and Zoning Administrator may approve permits for special uses (see Chapter 31 for definition) for any temporary use of property, developed or undeveloped, within the Town of Oro Valley.

(Amended during 6/11 supplement)

B.    Criteria for Approval

Upon staff certification that all required information has been submitted, the materials will be disseminated to the Police Department, Building Codes Department, the Fire Protection/Emergency Service provider, the Town Clerk’s office and any other department requiring review of the plans, based on the special use requested. Each reviewer will be required to provide comment to the Planning and Zoning Administrator within five (5) working days of receipt. The Planning and Zoning Administrator shall consider the responses from the reviewing departments and the potential negative impacts of the proposed special use on surrounding properties with respect to:

1.    Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination;

2.    Hazard to persons and property from possible explosion, contamination, fire or flood;

3.    Unusual volume or character of traffic not adequately addressed through traffic control measures; and

4.    Compatibility of said special use with the surrounding area.

(Amended during 6/11 supplement)

C.    Approval and Issuance of Special Use Permit

1.    If all four (4) findings are met and all Town concerns are or can be satisfied, the Planning and Zoning Administrator may approve and authorize issuance of the requested special use permit. A time limit, not to exceed sixty (60) days, and any other conditions deemed necessary to protect the public health, safety and general welfare, may be imposed as conditions.

2.    At his/her discretion, the Planning and Zoning Administrator may grant temporary modifications to Zoning Code requirements specific to the needs of a special use on a case-by-case basis. Any such modification approved shall not be construed as precedent setting, nor shall it be deemed applicable to any other special or permitted use.

D.    Other Permits Required

Subsequent to approval, the applicant for the special use permit must obtain from the Town Clerk all necessary business and tax licenses required to operate within the Town.

(Amended during 6/11 supplement)

E.    Revocation of Special Use Permit

The violation of any condition imposed by the Planning and Zoning Administrator on special use permit approval shall constitute a violation of this ordinance and, subject to twenty-four (24) hours’ notice, said permit may be revoked. If revocation of a special use permit occurs, said special use must be curtailed at the end of the twenty-four (24) hour notification period.

(Amended during 6/11 supplement)

Section 22.15 Public Participation

A.    Purpose

This section provides requirements for neighborhood meetings for proposed development projects. The purpose of promoting public participation in the development review process is to:

1.    Build trust through effective public outreach and communication.

2.    Promote fair and open dialogue between stakeholders, applicants, staff, board and commission members, and the Town Council.

3.    Inform and educate stakeholders regarding the development process, review criteria, and planning and zoning regulations.

4.    Provide stakeholders with opportunities to ask questions, identify issues, and forge solutions early in the development process.

5.    Promote transparent conveyance of agreed upon solutions to staff, boards and commissions, and Town Council.

6.    Promote consistent implementation of agreed upon solutions through the development review process.

B.    Applicability

1.    General

Neighborhood meetings are required for the following development applications:

a.    Major and minor general plan amendments.

b.    Rezonings.

c.    Conditional use permits.

d.    Preliminary plats.

e.    Development and landscape plans, excluding landscape plans not associated with a development plan or plat.

f.    Any other proposed action that results in significant change in the development intensity or compatibility with existing development as determined by the Planning and Zoning Administrator.

2.    Exceptions

If a project entails more than one (1) of the aforementioned development applications, a single public participation process may be followed, unless substantial changes have occurred to the proposal or significant issues are identified. When the neighborhood meeting requirements are met for major and minor General Plan amendments or a rezoning, further meetings may not be required if the following conditions are met:

a.    No substantial changes to the approved concept or Tentative Development Plan.

b.    There are no unresolved issues related to the application, as defined in subsection B.3 of this section.

3.    Exemption from Neighborhood Meeting Requirements

The Planning and Zoning Administrator may determine that a neighborhood meeting is not required in accordance with the following criteria:

a.    There are no residential uses or zones within six hundred (600) feet of the subject property, excluding areas designated as right-of-way, open space or drainage easement.

b.    If it is determined that the project/proposal is:

i.    Consistent with similarly situated property;

ii.    Not substantially affecting adjacent land use, streetscape, or views; or

iii.    Substantially conforms to an approved Tentative Development Plan.

c.    Any project exempted under this section found to have unresolved neighborhood issues or concerns at any point in the development review process may be required to adhere to the neighborhood meeting requirements.

(Amended during 6/11 supplement)

C.    Administration

Neighborhood meetings shall be organized by Town Planning and Zoning Department staff in the manner specified in the Public Participation and Notification Policy maintained by the Planning and Zoning Administrator.

(Amended during 6/11 supplement)

D.    Public Outreach Plan (POP)

1.    The applicant must submit a POP that meets the requirements established by the Planning and Zoning Administrator.

2.    The POP must be submitted after pre-application review and before neighborhood meetings are scheduled.

3.    The POP must include:

a.    A description of the project.

b.    Identification of interested stakeholders, including homeowners associations that are affected by the proposal.

c.    A proposed neighborhood meeting process.

4.    The POP must incorporate the Neighborhood Meeting Requirements noted in subsection F of this section. The applicant may propose an alternative process if it is designed to include key stakeholders in a meaningful way, and is consistent with subsection A of this section, Purpose, and the Public Participation and Notification Policy. Any alternative proposal will be subject to Planning and Zoning Administrator approval. At a minimum, the POP must contain educational and issue identification and resolution elements, as defined in the Public Participation and Notification Policy.

5.    The POP is subject to Communications Administrator review.

(Amended during 6/11 supplement)

E.    Public Outreach Report

1.    The applicant must submit a Public Outreach Report as part of the project application.

2.    At a minimum, the Public Outreach Report must include:

a.    A list of neighborhood meetings, noting when and where they were held; the number of people that attended; and copies of sign-in sheets.

b.    A list of meeting notification methods used.

c.    Copies of comment letters, petitions, and other pertinent information received from residents and other interested parties.

d.    A summary of the issues and concerns that were raised.

e.    A list of solutions that were agreed upon.

f.    A list of issues that were not resolved, with an explanation of why solutions were not achieved.

F.    Neighborhood Meeting Requirements

1.    Number of Meetings

a.    A minimum of two (2) neighborhood meetings are required in the following sequence. One (1) meeting may be sufficient if the project is of very limited scope as determined by the Planning and Zoning Administrator.

i.    The first meeting is an educational session with neighbors, other stakeholders and the project planner to review and discuss the process and applicable planning and zoning regulations.

ii.    The second meeting is an opportunity for the applicant to present the project, solicit feedback, and address issues and concerns.

iii.    It should be determined at the meeting if additional time or information is needed to develop solutions. The decision about whether to hold an additional meeting should be made at this meeting.

b.    If the project type, layout, or previously agreed upon mitigation solutions are substantially changed after meeting with neighbors, an additional meeting may be required as determined by the Planning and Zoning Administrator.

2.    Meeting Location

Neighborhood meetings must be held in a facility that:

a.    Is accessible to the general public, such as a Town-owned facility, school, house of worship, or community recreation center; and

b.    Provides access for persons with disabilities.

3.    Scheduling

a.    Neighborhood meetings should typically be scheduled on a weekday evening so that working residents may attend, but may be adapted to neighborhood needs, as appropriate.

b.    The educational session and applicant presentation meeting must be scheduled prior to formal submittal of the application.

4.    Meeting Notification

a.    Notice shall include all persons and entities identified in the Public Outreach Plan.

b.    Neighborhood meeting notifications must be:

i.    Prepared by the applicant using a Town-approved letter format. The letter must include a description and tentative timeline for the review and public meeting/hearing process.

ii.    Submitted to the project planner for review and verification one (1) week prior to mailing.

c.    If any portion of a subdivision falls within the required notification area, the entire subdivision (as defined by subdivision name or unit number) may be required to be notified if the impacts of the proposal would have impacts affecting the entire subdivision or neighborhood, as determined by the Planning and Zoning Administrator.

d.    In addition to the aforementioned, other meeting notification methods may be utilized for projects of broad scope.

5.    Facilitation

a.    A Town-approved facilitator may be utilized to assist with neighborhood meetings, as defined in the Public Participation and Notification Policy.

b.    If professional facilitation services are required as determined by the Planning and Zoning Administrator, the applicant is responsible for the fees incurred for such services.

(Amended during 6/11 supplement; (O)09-17, Added, 11/4/09)