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 If the deficiencies are not corrected by the applicant within 30 days, the application shall be considered withdrawn and the application shall be returned to the applicant.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 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 Director. 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)    The Planning and Zoning Director must be notified of all neighborhood meetings at least 20 days in advance.

d)    Meetings for text amendments may be required at the discretion of the Planning and Zoning Director.

b. Major Amendment

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

ii.    Applications are accepted from the first working day in January to the last working day in February.

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)    Pre-submittal neighborhood meetings must occur not more than four months and no less than two weeks 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 to achieve a neighborhood meeting.

d)    The Planning and Zoning Administrator must be notified of all neighborhood meetings at least 20 days in advance.

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 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 times in two widely distributed newspapers.

b)    All property owners within 1,000 feet of the subject property and all adjoining properties will be directly notified of the amendment when the amendment involves a change in land use.

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 3 feet by 4 feet in size, with white background and 5-inch letters.

vii.    Adoption of a major amendment requires a two-thirds vote of the Town Council.

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)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 Director.

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.

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 Planning and Zoning Administrator to modify or approve any aspects of development reserved to the Development Review Board pursuant to Section 22.5.

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 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 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 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 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 45 days prior to the date of hearing before the Planning and Zoning Commission with said notices to be mailed not less than 30 days prior to the date of the first public hearing.

3.    Not less than 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 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 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 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 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 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 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 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 150 feet there from or is directly opposite thereto, extending 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 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 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 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 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 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 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 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 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 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

No structure or building shall be built or remodeled under the conditions of a use permit until Development Review Board approval has been obtained as outlined in Section 22.5.

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

A.    Applicability

The Development Review Board shall review all developments other than R1-144, R1-72, R1-43, R1-36, and R1-20 Districts that are not subject to overlay.

1.    The Development Review Board shall make recommendations to the Town Council regarding subdivision plats and the development plans as provided in Chapter 26 of this Code.

2.    The Development Review Board is authorized to approve, conditionally approve or disapprove all applications for development review not included in subsection 1. above, subject to Town Council review or appeal. Such applications include architectural design, landscaping plans, Comprehensive Sign Programs, Sign Criteria, and other matters as provided in this Code if not required as part of subdivision plat or development plan approvals. The Development Review Board shall base its decision solely on the criteria as set down in subsection B, except within the Hillside District where the Board shall also base its decision on the provisions of Section 24.2, Hillside Development Zone. (Rev.3/86)

3.    Prior to the development, earthwork, construction, remodeling, change or alteration of any proposed or existing project within a zoning district subject to development review, the property owner or his designated agent shall secure approval of the Development Review Board. Staff shall be permitted to approve minor/common sense changes of architecture or landscape plans in order to avoid delay by using the normal development review process. Minor/common sense changes or alterations include those that:

a.    Are reasonably similar to the approved plan;

b.    Are not already completed

c.    Benefit the town or the environment

d.    Are not controversial

e.    Are consistent with similarly situated property

f.    Do not effect mass or streetscape

g.    Do not affect pre-approved plats; and

h.    Are approved by the neighborhood association, if necessary.

B.    Criteria

In considering any application for development review, the Development Review Board shall be guided by the following criteria:

1.    The Development Review Board shall examine the application to insure that all provisions of this Code and all other Codes, master plans, general plans and standards of the Town shall be complied with where applicable.

2.    The proposed development shall not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood, nor shall it be detrimental or injurious to the neighborhood.

3.    The proposed development shall promote a desirable relationship of structures to one another, to open spaces and topography both on the site and in the surrounding neighborhood.

4.    The height, area, setbacks and overall mass as well as parts of any structure (buildings, walls, signs, lighting, etc.) and landscaping shall be appropriate to the development, the neighborhood and the community.

5.    Signs, ingress, egress, internal traffic circulation, off-street parking facilities, loading and service areas and pedestrian ways shall be so designed as to promote safety and convenience.

6.    The character of the proposed design shall be in harmony with, and compatible to, those structures in the neighboring environment and the design character adopted for any given area avoiding excessive variety or monotonous repetition.

7.    Mechanical equipment, appurtenances and utilities shall be concealed from view and integral to the building design.

8.    All components of a development shall take cognizance of the unique desert, climate and other environmental factors of this region and promote an indigenous architectural feeling.

9.    All signs, buildings, structures and parts of any buildings such as walls and fences shall be designed to be compatible with the surrounding desert and mountains in the background.

10.    All exterior materials and colors including roofs, walls and fences shall be predominantly muted earth and plant tones and shall minimize contrast and glare.

11.    In order to protect the visual serenity of the Town, design of signage should be based on trying to get the information across with the least signage possible.

12.    Sign designs shall be in compliance with the purpose statements established in Chapter 28.

13.    All components of a development shall be in compliance with Addendum A Design Guidelines.

14.    Consideration shall be given to the possibility that the development may not be completed. In order to assure a minimum degree of destruction of existing vegetation and contours, phased development shall be required. Grading and all site improvements shall not be permitted until the proper assurances have been received and approved by the Town.

C.    Administration

Administrative procedures for review of subdivision plat and development plans shall be as provided in Section 22.9 of this Code. Procedures for architectural review, signs and other such matters that require development review shall be according to the provision of this Section herein below.

1.    Application

a.    The Development Review Board shall prescribe the form and content of applications and necessary accompanying data. The application shall be filed with the Town Clerk.

b.    Applications shall be made by the owner of the property or his authorized agent. If the applicant is not the property owner, a notarized letter from the property owner authorizing the agent to act in his behalf shall accompany said application.

2.    Findings

a.    The Development Review Board may approve, with or without conditions, a development or portion thereof if they find that:

i.    All provisions of ordinances of the Town have been complied with.

ii.    Where applicable, all provisions of master plans, the General Plan and development policies and standards of the Town have been complied with.

b.    The Development Review Board may deny a total development, or a portion of a development, if they find that any conditions of this Code, the General Plan or the development policies and standards of the Town have not been complied with.

c.    The Development Review Board, upon hearing an application, may impose such reasonable 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.

3.    Expiration of Approval

a.    The approval of plans for development shall expire and become null and void one year from the date of approval if a building permit has not been issued unless a different time period is made a condition of Development Review Board approval.

b.    An extension of 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 feels the reasons justify extension of approval. In no case shall an extension be more than 12 months.

4.    Enforcement

a.    The Planning and Planning and Zoning Administrator shall insure that all matters approved by the Development Review Board are undertaken and completed according to the approval of the Development Review Board.

b.    Prior to issuance of a building permit within any district subject to Development Review, the Building Official shall ascertain that the Development Review Board has approved plans which are in conformance to those presented with the building permit application and that the time limitations imposed by this Code or the Development Review Board have not elapsed. No building permit shall be issued less than 20 days after Development Review Board approval in order to allow appeal or review as stated in subsection D. below.

D.    Appeal and Town Council Review

1.    The approval, with or without conditions, or denial by the Development Review Board of an application subject to the provisions of subsection C. above, or otherwise referenced in this Code, shall be final unless, within 20 days from the date of the Board’s decisions, the applicant shall appeal there from 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 Board was in error. The Town Clerk shall schedule the appeal for a Town Council agenda and the Town Council, at its meeting, shall uphold, modify or overrule the decision of the Board. The decision of the Town Council shall be final.

2.    The Town Council shall have the right and prerogative to initiate its own review of any decision of the Development Review Board and shall uphold, modify or overrule said decision. Notice of Town Council-initiated review of any decision of the Development Review Board shall be given to the applicant by the Town Clerk within 20 days after action upon the application in question or the decision of the Development Review Board shall be deemed to be final and binding upon the Town.

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 feet in height and freestanding masonry walls up to five feet unless required as a swimming pool enclosure.

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

c.    A detached building, ramada, playhouse or similar structure not more than 10 feet in height nor larger than 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 $1,000 in valuation, excluding labor, in any 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 building 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 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 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 Subdivision and Development Plans

A.    Applicability

1.    Prohibition Against Circumvention of Chapter

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

b.    No building permit shall be issued for construction on any lot, piece or parcel of land that is not a part of a recorded subdivision plat or an approved minor land division unless a development plan for such land has been approved in accordance with Section 22.9.E. of this Code.

2.    Outline of Procedures

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

Stage I: Preapplication Conference (subsection B.)

Stage II: Preliminary Plat and Native Plant Preservation and Salvage Plans (subsection D. and Section 22.11)

Stage III: Final Plat and Landscape, Irrigation and Buffer Yard Plans (subsection E. and Section 27.4)

Stage IV: Development Plan, Landscape, Irrigation and Buffer Yard Plans, and Native Plant Preservation and Salvage Plans (subsection F. and Sections 22.11 and 27.4)

The progressive stages apply to development as follows:

a.    All minor land divisions require Stage I followed by administrative review and acceptance per Section C.

b.    All R-1 subdivisions require Stages I, II and III.

c.    Subdivisions other than R-1 may require Stages I, II, III and IV.

d.    Development for which subdivision is not necessary requires Stages I and IV.

B.    Preapplication Conference/Development Committee Review

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 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 working days prior to the pre-application conference, an application shall be submitted

4.    Actions by Development 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 24.2, 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.    Determine the need for preparation and review of a development master plan prior to subsequent consideration of a preliminary plat and advise the subdivider if a development master plan is required and to what extent it shall be prepared by the developer.

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 man-made 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.    Development Master Plan

a.    The Development Committee shall use the following guidelines in establishing the need for a development master plan:

i.    The tract is sufficiently large to comprise the entire neighborhood,

ii.    The tract initially proposed for platting is only a portion of a larger landholding of the subdivider, or

iii.    The tract is part of a larger land area, the development of which is complicated by unusual topographic, utility, drainage, land use or ownership or other conditions. The entire land area need not be under the subdivider’s control.

b.    The Development Master Plan shall be prepared to a scale and accuracy commensurate with its purpose and shall include:

i.    General street pattern with particular attention to collector streets and future circulation throughout the neighborhood, including ingress and egress.

ii.    General location and size of school sites, parks or other public areas.

iii.    Location of shopping centers, multi-family residential or other proposed land uses.

iv.    Methods proposed for sewage disposal, water supply and storm drainage.

v.    Landscaping plans.

c.    Upon acceptance of a general design approach by the Development Committee, the Development Master Plan may be submitted to the Development Review Board and Town Council for consideration. If general approval is given, notice to that effect shall be recorded in the minutes of both bodies and a copy of said minutes transmitted to the subdivider and his engineer. If development is to take place in several parts, the Development Master Plan shall be submitted as supporting data for each part where applicable. The Development Master Plan shall be kept up-to-date by the subdivider as modifications take place.

d.    Subdivision plats and development plans shall be submitted for each part or phase of the development.

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 Section 22.9.B. This application shall be checked for completeness and, if incomplete, the submittal shall be rejected and the applicant notified within 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 OVZCR 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 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.    Preliminary Plat

1.    Stage II - Preliminary Plat

Preliminary subdivision plats shall be submitted when subdivision of property is required by this Code. In such instances, the provisions of this Section, Stage II, apply. If the subdivision is subject to the Hillside Development regulations, the preliminary plat must conform to the requirements of Section 24.2.

The preliminary plat stage of land subdivision includes detailed subdivision planning, submittal, review and approval of the preliminary plat. To avoid delay in processing the application, the subdivider shall carefully provide the Development Committee with all information essential to determine the character and general acceptability of the proposed development.

2.    Compliance with Zoning and Proposed Rezoning Regulations

The subdivision 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, rezoning shall be initiated by the property owner or his authorized agent and shall proceed according to the requirements of Section 22.3, Amendments and Rezonings. Any change in zoning required in relation to the preliminary plat shall have been authorized by the Town Council prior to approval of the preliminary plat.

a.    Area, Screening, and Setback Credits for Trails Access Dedications

i.    The area of a lot or parcel dedicated to the town for public trails access shall be credited to the lot or parcel to satisfy any area, screening, or setback requirement of a rezoning, this Code, or any permit issued there under.

ii.    Requests for the implementation of an area, screening, or setback credit for public trails access shall be initiated by or submitted for approval to the Planning and Zoning Administrator.

iii.    Dedications and requests so approved by the Planning and Zoning Administrator shall be forwarded to the Town Council for acceptance.

3.    Information Regarding Sanitary Sewerage

As a prerequisite of preliminary plat review, the subdivider shall have informed the County Health Department and/or Pima County Wastewater Management Department of his tentative plans and learned the general requirements for sewage disposal as applied to his location.

4.    Contents; Identification and Description

The preliminary plat will substantially conform to the Tentative Development Plan, if applicable. All preliminary plat submittals shall conform to submittal requirements set by the Planning and Zoning Administrator.

5.    Preliminary Plat Submission; Form; Filing Fee

a.    Copies of the preliminary plat and required supporting data prepared in accordance with the requirements set forth as specified by the Planning and Zoning Administrator shall be filed with the Planning and Zoning Administrator at least 45 days prior to the Development Review Board meeting at which the subdivider desires to be heard. Scheduling of the case for Development Review Board hearing shall be dependent upon adequacy of data presented and completion of processing.

b.    The submittal shall be checked by the Planning and Zoning Administrator for completeness and assigned a case number; if incomplete, the submittal shall be rejected and the subdivider notified within 10 working days of the date the map was received. If rejected, this constitutes an original submittal and resubmittal fees will be applicable.

c.    A filing fee, as determined by the fee schedule adopted by the Town Council, to cover costs of examining the processing of preliminary plats and field inspection related thereto, shall be paid by the subdivider at the time of filing. If the preliminary plat approval expires prior to application for final plat approval, the preliminary plat shall be resubmitted as a new case and the subdivider shall be required to pay a new fee.

6.    Preliminary Plat Review

a.    The Planning and Zoning Administrator shall distribute copies of the plat to the following review offices.

i.    Planning and Zoning Department for compliance to public objectives, giving special attention to design principles and standards as set forth in Section 26.2; street 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 compliance with Town street standards; tentative determination of street and drainage improvement and maintenance requirements; and water and sewerage disposal proposals.

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

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

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

vi.    Superintendent of the amphitheater School District for his 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 review.

ix.    Other agencies that may be affected.

b.    The reviewing offices shall transmit their recommendations in writing to the Planning and Zoning Administrator who shall present them to the Development Review Board and the Town Council in his report.

c.    If, in the opinion of Town staff, the Development Review Board or the Town Council, a submittal is determined to be deficient and is rejected after the preliminary plat is certified complete, then any resubmittal must be made at least 15 working days prior to the meeting at which the resubmittal is to be reconsidered. No extra fee will be charged for the first resubmittal, however, subsequent resubmittals will be assessed a fee according to the adopted fee schedule.

7.    Preliminary Plat Approval Procedures

a.    If the Planning and Zoning Administrator’s report indicates that the requirements of this Chapter have been met, the Development Review Board shall consider the preliminary plat at the next regular meeting not less than 45 days after the date the filing is certified complete or as determined by the Planning and Zoning Administrator. Upon consideration, the Development Review Board shall forward the plat with its recommendations to the Town Council.

b.    The Town Council shall consider the preliminary plat and Development Review Board recommendations at its next regularly scheduled meeting not less than 10 days after said recommendations are forwarded.

c.    The Town Council shall approve, disapprove or conditionally approve the preliminary plat. The Town Clerk shall record the Town Council’s action upon an official copy of the preliminary plat and shall return a copy of the action to each of the following: subdivider, subdivider’s engineer, Town Engineer, Planning and Zoning Administrator and private utility companies, together with any conditions of approval.

8.    Significance and Basis of Preliminary Approval

Preliminary plat approval constitutes authorization for the subdivider to proceed with preparation of the final plat and the engineering plans and specifications for public improvements. Preliminary plat approval is based upon the following terms:

a.    The basic conditions under which approval of the preliminary plat is granted will not be substantially changed prior to the expiration date.

b.    Approval is valid for a period of one year from the date of Town Council approval. A one-time extension of the preliminary plat approval may be granted by the Town Council for a period of one year if the following four criteria are satisfied:

i.    No substantial code updates have occurred within the last year.

ii.    The applicant has demonstrated progress in working with the Town and other agencies.

iii.    There are unforeseen circumstances beyond the applicant’s control.

iv.    Conditions of adjoining properties have not substantially changed.

Any extension request beyond a total of two years must be approved by the Town Council. The aforementioned criteria also apply to Town Council review.

c.    Preliminary plat approval, in itself, does not assure final acceptance of streets for dedication, nor continuation of existing zoning requirements for the tract or its environs, nor constitute authorization to record the plat, nor authorize any earthwork or construction.

d.    Although not required at this time, consideration should be given to assurances and landscaping.

E.    Final Plat

1.    Stage III - Final Plat

The final plat includes the final design of the subdivision and improvement plans, and submittal of the plat and plans by the subdivider for review and for action by the Town Council. Final plat approval is required before any improvements such as grading, sewers, water and paving can begin in a subdivision.

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 and as specified by the Planning and Zoning Administrator, and shall substantially conform to the approved preliminary plat.

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

c.    Certification of recordation by the County Recorder.

7.    Final Plat Review Procedure

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

8.    Final Plat Approval Procedures

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 therefore 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 D.6, 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.

9.    Abandonment of Plat

If improvements and/or building permits have not been completed within 2 years of the date of recording of the plat, the Town Council may abandon the plat. A request to extend the time at which the Town Council may abandon the plat must be submitted in writing to the Town Council before 2 years from the date of recording. The Town Council may grant extensions when it is reasonable and prudent. Before such extension is granted, the Town Council shall review the existing assurances and, at its discretion, may change, alter or revise them as necessary to insure the construction of the required improvements. If the plat is abandoned, the Town will return the assurances less any expenses the Town incurred due to the abandonment.

10.    Multi-Family Dwelling Conversions

a.    Any subdivider proposing to convert an existing apartment building to a condominium, cooperative, community apartment or townhouse subdivision by filing a subdivision plat shall have satisfied the following requirements prior to approval of a final plat by the Mayor and Town Council.

i.    Notice of Intent to Convert

The subdivider shall submit an affidavit stating that the subdivider has provided, or will provide, written notice of the subdivider’s intent to convert to all tenants of units to be converted beginning not less than 120 days prior to the date on which the first unit is offered, or to be offered, for sale and will continue to provide such notice to prospective tenants until all units have been sold.

ii.    Exclusive Right to Purchase

The subdivider shall submit an affidavit stating that the subdivider will provide existing tenants an exclusive right to purchase the unit the tenant leases at a price which is not more than the price at which the subdivider intends to offer the unit to the general public for a period of not less than 60 days from the date a tenant’s unit is offered for sale.

b.    Any subdivider who files a final plat for a condominium, cooperative, community apartment or townhouse subdivision whether for the purpose of new development or the subdivision of an existing development shall submit a copy of a report on the physical condition of all buildings, structures and other improvements to the property to be subdivided prior to approval of a final plat by the Mayor and Town Council. This report shall be provided by the subdivider to all prospective purchasers of units prior to execution of a binding contract of purchase. The report shall contain:

i.    A statement of the estimated fees or assessments, if any, that the purchaser of a unit will pay on a monthly and yearly basis for at least a 2 year period following purchase.

ii.    A report from a licensed pest control operator on each building or structure and each unit within the building or structure.

iii.    A statement of the unit’s average monthly utility costs based on the preceding 12-month period where the subdivider has access to such utility cost data.

iv.    A report describing, to the best knowledge or estimate of the subdivider, the physical condition of elements of the structure, equipment, or appliances in a unit, the repair or replacement of which will be the responsibility of the purchaser. The report shall state the approximate date on which the element, equipment, or appliance was originally constructed or installed, the approximate date on which it was subsequently replaced or will likely require replacement and the current estimated cost of replacement. This report shall not be construed to create any warranties, expressed, or implied.

F.    Development Plan

1.    Stage I - Development Plan

Preliminary subdivision plats may be submitted simultaneously with application for development plan approval when such approval is required by this Code. In such instances, the provisions of this Section shall apply. If the development is in the Hillside District, the application requirements of Sections 24.2 (E) and (F) also apply.

The development plan stage of land subdivision and/or development includes detailed planning, submittal, review, and approval of the development plan and preliminary plat, if applicable. To avoid delay in processing this application, the developer shall carefully provide the Development Committee with all information essential to determine the character and general acceptability of the proposed development.

2.    Compliance with Zoning and Proposed Rezoning Regulations

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 be initiated by the property owner or his authorized agent and shall proceed according to the requirements of Section 22.3 of this Code. Any change in zoning required in relation to the development plan shall have been authorized by the Town Council prior to approval of the development plan.

3.    Information Regarding Sanitary Sewerage

As a prerequisite of development plan review, the developer shall have informed the County Health Department and/or Pima County Wastewater Management Department of his tentative plans and learned the general requirements for sewage disposal as applied to his location.

4.    Contents

All development plan submittals shall contain the necessary application and supporting data as specified by the Planning and Zoning Administrator.

5.    Development Plan Submission

a.    Copies of the development plan and required supporting data prepared in accordance with the requirements set by the Planning and Zoning Administrator shall be filed with the Planning and Zoning Administrator at least 45 days prior to the Development Review Board meeting at which the developer desires to be heard. Copies of the development plan shall be reproduced in the form of blue line or black line prints on a white background. Scheduling of the case for Development Review Board hearing shall be dependent upon adequacy of data presented and completion of processing

b.    The submittal shall be checked by the Planning and Zoning Administrator for completeness and assigned a case number. If incomplete, the submittal shall be rejected and the developer notified within 10 working days of the date the map was received. If rejected, this constitutes an original submittal and resubmittal fees will be applicable.

6.    Development Plan Review

a.    The Planning and Zoning Administrator shall distribute copies of the plan to the following review offices:

i.    The Planning and Zoning Department for compliance to public objectives, giving special attention to design principles and standards as set forth in Section 26.2; 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 compliance with Town street standards; tentative determination of street and drainage improvement and maintenance requirements; and water and sewerage disposal proposals.

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

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

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

vi.    Superintendent of the Amphitheater School District for his 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 review.

ix.    Other agencies that may be affected.

b.    The reviewing offices shall transmit their recommendations in writing to the Planning and Zoning Administrator who shall present them to the Development Review Board and the Town Council with his report.

7.    Development Plan Approval Process

a.    If the Planning and Zoning Administrator’s report indicates that the requirements of this Section have been met, the Development Review Board will consider the development plan at the next regular meeting not less than 45 days after the date the filing is certified complete or as determined by the Planning and Zoning Administrator. Upon consideration, the Development Review Board shall forward the plan with its recommendations to the Town Council.

b.    The Town Council shall consider the development plan and Development Review Board recommendations at its next regularly scheduled meeting not less than 10 days after said recommendations are forwarded.

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

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

8.    Significance and Basis of Development Plan Approval

Development Plan approval constitutes authorization for the developer to proceed with preparation of engineering plans and specifications for public improvements and submittal of assurances. Development plan approval is based upon the following terms:

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

b.    If improvements have not been started within 2 years of the date of approval of the development plan, the plan shall be deemed to have been abandoned. A request to extend the time beyond 2 years must be submitted in writing to the Town Council within 2 years of the date of approval. Before such extension is granted, the Town Council shall review the existing assurances to insure that the required improvements have been made. If the development plan is abandoned, the Town will return the assurances less any expenses the Town has incurred.

c.    When improvement plans have been completed and approved by the Town Engineer, assurances may be given to the Town as provided in Section 26.6 of this Code, and, following approval and acceptance of the assurances by the Town Council, earthwork and improvements may begin.

d.    A landscape plan shall be submitted to the Development Review Board according to the provisions of Section 27.6 of this Code.

((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 I 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 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 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 Development 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 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 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 archeological 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 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 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 24 (preferably 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 Section 22.10.E.3.

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 Section 22.10.B.7.

9.    Maintenance of Revegetation

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

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 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 Development 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 Development Review Board (DRB) will review all applications for grading exceptions at scheduled public hearings. When reviewing requests for grading exceptions, the Development Review Board shall consider each of the findings and address them in their deliberations. To grant an exception Development 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 Development 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 60 days. Hearing fees shall be required.

e.    Review and notice: The Development 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 300 feet of the grading site prior to such hearing.

f.    A decision of the Development Review Board may be appealed within 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 Development Review Board. At a subsequent meeting, the Development 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 60 days. Hearing fees shall be required.

d.    Review and notice: The Development 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.

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 there under.

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

A.    Applicability

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

2.    All existing developments proposing expansion and/or a change in use shall comply with the provisions of this Section.

3.    Development of individual single-family lots in districts with lot size R1-20 and greater shall be exempt from the provisions of this Section except as specified in Section 27.4.B.3.

B.    Review Procedures

1.    Both a Site Resource Inventory (SRI) and Native Plant Preservation, Salvage and Mitigation Plan, in conformance with Section 27.4, must be submitted in with a preliminary plat or development plan submittal.

2.    Both a SRI and Native Plant Preservation, Salvage and Mitigation Plan shall be prepared and submitted as below and in accordance with the standards set forth Section 27.4 and as specified by the Planning and Zoning Administrator.

3.    Site Resource Inventory Review

a.    At the time of the pre-application conference (or, if no pre-application conference, one month in advance of the submittal of a preliminary plat or development plan for review), the applicant shall file with the Planning and Zoning Administrator a SRI.

b.    Staff review of the SRI will be complete within 10 days of either the pre-application conference or SRI submittal. Any project submitted without prior staff review and response to an SRI shall be considered incomplete.

4.    Native Plant Salvage Plan Review

a.    At the time of the preliminary plat or development plan submittal, a Native Plant Preservation, Salvage and Mitigation Plan shall be submitted.

b.    The Planning and Zoning Administrator, or a Designee, shall review for completeness all submittals within 5 working days of receipt. Staff will assemble all recommendations and provide review comments within 10 working days of certification, to the applicant. The applicant shall respond and resubmit the plan. Review of the re-submittal shall be complete after 10 working days of the re-submittal.

c.    Native Plant Preservation, Salvage and Mitigation Plans shall be subject to review and approval by the Planning and Zoning Administrator or his/her designee.

5.    Fees

a.    The fee for submission of the Site Resource Inventory and Native Plant Preservation, Salvage and Mitigation Plan shall be according to the fee schedule adopted by the Town Council. If the Planning and Planning and Zoning Administrator deems an independent review necessary, the applicant shall be responsible for such review fees. The Administrator shall select a third party reviewer from a pool of qualified individuals. Said pool shall be established and maintained by the Administrator.

C.    Inspections and Plant Salvage

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

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

a.    Once affixed, the tags shall not be removed until the approved Native Plant Preservation and Salvage Plan is implemented and Town staff, in accordance with Section 27.4.I has performed a final inspection.

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

2.    Salvage

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

3.    Inspections

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

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

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

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 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 30 days, nor less than 15 days, after such filing, at which time all persons shall be given an opportunity to be heard. Such BOA shall cause one notice of such hearing to be published in a newspaper of general circulation in the Town and one notice to be posted on the subject property, giving at least 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 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 Director may approve permits for special uses (see Sec. 2-101 for definition) for any temporary use of property, developed or undeveloped, within the Town of Oro Valley.

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 Director within 5 working days of receipt. The Planning and Zoning Director 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.

C.    Approval and Issuance of Special Use Permit

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

2.    At his/her discretion, the Planning and Zoning Director 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.

E.    Revocation of Special Use Permit

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