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HomeMy WebLinkAboutPackets - Council Packets (1041) **AMENDED (11-04-05, 4:30 p.m.) AGENDA ORO VALLEY TOWN COUNCIL SPECIAL SESSION NOVEMBER 10, 2005 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SPECIAL SESSION: AT OR AFTER 5:30 P.M. CALL TO ORDER: 5:30 P.M. ROLL CALL 1. PUBLIC HEARING — ORDINANCE NO. (0)05-39 DISCUSSION, REVIEW AND POSSIBLE ACTION REGARDING OV7-01-09 THE ORO VALLEY COMMERCIAL CODE UPDATE (AMENDING ORO VALLEY ZONING CODE REVISED, CHAPTER 23 ZONING DISTRICTS SECTION 23.8 PROPERTY DEVELOPMENT STANDARDS FOR NONRESIDENTIAL DISTRICTS AND CHAPTER 25 USE REGULATIONS SECTION 25.1 REQUIREMENTS FOR SPECIFIC USES AND AMENDING OTHER CHAPTERS IN CONFLICT WITH THE ORO VALLEY ZONING CODE REVISED (CONTINUED FROM 10-19-05) 2.** EXECUTIVE SESSION AT OR AFTER 5:30 PM Pursuant to ARS 38-431.03(A)(1) regarding the annual performance review of the Town Manager and ARS 38-431.03(A)3 consultation for legal advice concerning related contract and employment matters (Continued from 11-2-05) RESUME SPECIAL SESSION AT OR AFTER 5:30 PM 3.** CONSIDERATION AND/OR POSSIBLE ACTION CONCERNING TOWN MANAGER ANNUAL EVALUATION AND EMPLOYMENT AGREEMENT (CONTINUED FROM 11-2-05) ADJOURNMENT The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Oro Valley Town Clerk at least five days prior to the meeting, at 229-4700 or TDY#229-4900. POSTED: 11/02/05 AMENDED AGENDA POSTED: 11/04/05 4:30 p.m. 4:30 p.m. Ih lh r k 2. • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 17, 2004 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: ADOPTION OF REVISED TOWN MANAGER'S EMPLOYMENT AGREEMENT SUMMARY: The Employment Agreement for the Town Manager has been revised pursuant to the previous discussions during the Executive Session of October 6, 2004 and October 25, 2004. One significant change to the Employment Agreement is the addition of an Exhibit "A,"which outlines the Annual Performance Goals of the Town Manager. As discussed, the Council and the Town Manager will define goals and performance objectives for the benefit of the proper operation of the Town and in accordance of the Council's written policy objectives. Further, these goals and performance objectives shall be used as part of the criteria for an annual evaluation of the Town Manager. ATTACHMENTS: Employment Agreement Exhibit "A" —Annual Performance Goals •,.: Chuck Sweet, Town Manager i E EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 17th day of November 2004 by and between the Town of Oro Valley, a municipal corporation in Pima County, State of Arizona, hereinafter called "Employer", and Charles F. Sweet, hereinafter called "Employee". WITNESSETH WHEREAS, Employer desires to renew the employment services of CHARLES F. SWEET as Town Manager of the Town of Oro Valley, as provided by Chapter 3, Article 3-2, Section 3-2-1 of the Oro Valley Town Code, commencing January 3rd, 2005; and, WHEREAS, employer is desirous of providing certain benefits accruing to employee for the good of the employee, while employee desires to provide the benefits of his leadership and expertise on behalf of the employer; and WHEREAS, it is the desire of the Town Council to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the Employee, (3) to provide a just means for terminating Employee's services at such time as he may be unable fully to discharge his duties due to age or disability or when Employer may otherwise desire to terminate his employ, and (4) to provide means for Employee to terminate his services; and , WHEREAS, employee desires to retain employment as Town Manager of said Town of Oro Valley; NOW, THEREFORE, in consideration of mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer agrees to renew the employment of CHARLES F. SWEET as Town Manager of said Employer and CHARLES F. SWEET agrees to accept renewal of his appointment as Town Manager for the Town of Oro Valley, to perform the functions and duties specified in the State Law and by the Town Code of the Town of Oro Valley and as further set forth in the approved job description for the position of Town Manager, and to perform such other legally permissible and proper duties and functions in a professional and workmanlike manner, as the Town Council shall from time to time assign. 1 Section 2. Term A. Employee agrees to continue employment on January 3, 2005 and to remain in the employ of Employer through January 3, 2006. Employee shall neither accept other employment nor become employed by any other employer, except as herein provided, during the term of this agreement or any extension hereto. B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Town Council to terminate the services of Employee at any time, for cause, such as malfeasance in office, willful breach or habitual neglect of duties or illegal activity or criminal misdemeanor or felony convictions, occurring either within or outside of Employee's scope of employment, or similar acts or omissions. C. The Employee shall serve at the pleasure of the Mayor and Council and shall be removed without cause by a majority vote thereof subject only to the provisions set forth in Section 4,Paragraph A of this agreement. D. Nothing in this agreement shall prevent, limit or otherwise interfere with right of the Employee to resign at any time from this position with Employer, subject only to the provisions set forth in Section 4, paragraph B,of this agreement. E. This Agreement is to be reviewed for renewal annually by the Town Council no later than ninety(90)days before expiration. Section 3. Suspension Employer may suspend the Employee with full pay and benefits at any time during the term of this Agreement. Any decision to terminate the Employee other than for cause shall be in accordance with Section 4. Section 4. Termination Without Cause and Severance Pay A. In the event Employee is terminated by the Town Council other than for cause, during such time that Employee is willing and able to perform his duties under this agreement, then Employer agrees to pay Employee severance pay in periodic installments in the same manner as Employee's previous remuneration as provided in this Section. 2 1) If Employee is terminated, other than for cause, or if the Town Council allows this agreement to lapse or expire, Employee shall receive severance pay equal to six months salary in periodic installments in the same manner as Employee's previous remuneration at the date of termination. 2) Further, employee shall continue to receive such benefits as he received during his employment with the Town for a period of time equal to the number of months of severance pay to which employee is entitled hereunder. 3) In the event severance pay is disbursed according to Section 4 (A) (1) Employee agrees to be available to Employer during the severance pay period of time to whatever extent desired by the Employer for consulting services, special project work or general assistance to Town staff. B. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer ninety (90) days notice in advance unless the parties otherwise agree. Should employee resign from his position, employee is not entitled to the severance pay provisions. Section 5. Removal of Town Manager In the event that the Employee is removed without cause and receives severance pay pursuant to Section 4 above, the Employee waives the right and covenants to bring legal action against the Town or any of its officers or employees for any act or omission or any action for any and all damages, attorneys fees or cost arising out of his employment with the Town of Oro Valley or his removal by the Town of Oro Valley, so longs as such acts, omissions, actions, damages and claims upon which claim, lawsuit, damages, fees or costs is based, arises or occurs within the scope of employment or official capacity of any agent, officer or employee of the Town. However, nothing written in this section shall result in a waiver or shall nullify the Employer's obligation pursuant to Section 20 of this agreement. Section 6. Disability If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or other health reasons for a period of six successive months beyond any accrued leave, Employer shall pay severance to Employee according to the requirements of Section 4 paragraph A. However, Employee shall be compensated for any vacations, holidays, and other accrued benefits not otherwise previously exhausted by Employee. 3 Section 7. Annual Performance Goals A. Annually, the Town Council and Employee shall define such goals and performance objectives necessary for the proper operation of the Town of Oro Valley to attain the Town Council's written policy objectives. Achievement or lack thereof of these performance objectives and goals shall be used as part of the criteria for Employee's annual evaluation. See attached Exhibit "A" for a current list of the annual performance goals, attached by reference herein. Section 8. Annual Evaluations of Employees Performance Goals shall be reviewed and evaluated on a semi-annual basis (first regular Town Council meeting in April 2005 and first regular Town Council meeting of October 2005.) Employee shall be evaluated and his contract renewal discussed by the Council of the Town of Oro Valley on an annual basis on the first regular Town Council Meeting in October each year beginning with the first regular Town Council meeting in October 2005. (See also Section 2 (E) of this Agreement). Section 9. Salary and Salary Adjustments Employer agrees to pay Employee for services rendered pursuant hereto a salary of ONE HUNDRED TWENTY THOUSAND FOUR HUNDRED ELEVEN DOLLARS ($120,411) ANNUALLY - payable in installments at the same time and in the same manner as other salaried employees of the Employer. Upon annual employment evaluation of the Employee by the Town Council, the salary and allowances of the Employee may be adjusted by the Town Council upon satisfactory job performances. For extensions of this Employment Agreement, Employee's annual salary shall be adjusted to a rate mutually acceptable to Employee and Employer. In no event will Employee's salary be set lower than the salary amount currently in effect by this agreement as amended for the position of the Town Manager. Section 10. Hours of Work Employee shall devote full time to the business of Employer and shall neither accept nor engage in outside activities, whether paid or unpaid, which interfere with Employee's responsibilities to Employer. Section 11 Reserved Section 12 Reserved 4 1 r I Section 13. Mileage The Town of Oro Valley will pay the Employee the current Town vehicle mileage per mile traveled using his personal vehicle on Town business at the current rate allowed by town regulations. Section 14. Vacation and Sick Leave Employee shall accrue vacation at the rate of twenty (20) days per year. Sick leave shall be accrued at the rate set forth in the current personnel rules and procedures in effect at the time of accrual. Section 15. Health, Dental,Life and Disability Insurance Employer agrees to provide health, vision, dental, life and disability insurance coverage for the Employee and his family under the same terms as such benefits are paid to all other Town employees. Section 16. Retirement Employer agrees to allow Employee to participate in the Arizona Sate Retirement System (ASRS) under the same terms and at the same co-contribution costs as paid by its other management employees. Section 17. Bonding Employer shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance. Section 18. Dues and Subscriptions Employer agrees to budget for and to pay reasonable costs for professional dues and subscriptions of Employee, Service Club dues (such as Rotary expenses) subject to budgeting constraints. Section 19. Professional Development A. One of Employer's duties hereunder, is to budget for and pay reasonable travel and subsistence expenses of Employee for professional and official travel, meetings and occasions necessary to continue the professional development of Employee and to allow Employee to adequately pursue necessary official and other functions for Employer i.e., the Annual 5 Conference of International City Management Association, the national and state meetings of city management organizations and such other national, regional, state management organizations and such other national, regional, state and local governmental groups and committees thereof on which Employee serves as a member. B. Employer also agrees, subject to budgeting constraints, to budget and to pay for the travel and subsistence expenses of Employee for reasonable short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. Section 20. Indemnification Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope and in the performance of Employee's duties as Town Manager. This indemnification shall not extend to any acts or omissions occurring outside of Employee's scope of employment or outside of the performance of Employee's duties as Town Manager. Section 21. Other Terms and Conditions of Employment A. The Town Council, in consultation with Employee, shall fix any such other terms and conditions of Employment, as it may determine form time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the Town of Oro Valley or any other law. B. All other provisions of the Oro Valley Town Code, and regulations and policies of Employer relating to vacation and sick leave, retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other management employees of Employer, to the extent that they are consistent with the terms of this Agreement. Section 22. Notices Notice pursuant to this agreement shall be given as follows: A. Employer Town Clerk's Office Town of Oro Valley 11000 North La Canada Drive Oro Valley,Arizona 85737 6 1 B. Employee Town Manager's Office Town of Oro Valley 11000 North La Canada Drive Oro Valley,Arizona 85737 Section 23. General Provisions A. The text herein shall constitute entire agreement between the parties. Any representations, statements, promises or understandings not contained herein shall be of no continued force, effect or validity. B. This agreement shall be binding upon and inure to the benefits of the parties, and their respective heirs, successors, and assigns. C. This agreement shall be effective November 17, 2004. D. If any provisions or any portion thereof contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. E. Pursuant to A.R.S. § 38-511, the Town of Oro Valley may cancel this agreement, without penalty or further obligation, within three years after its execution if any person (other than the Town Attorney who is preparing the document by mutual consent and waiver of claim against each other by both parties), is significantly involved in initiating, negotiating, securing, drafting or creating the agreement or any extension of the agreement is in effect, an employee or agent of any other party to the agreement in any capacity or a consultant to any other party of the agreement with respect to the subject matter of the agreement. In the foregoing event, the Town of Oro Valley elects to recoup any fee or commission paid or due to any person significantly involved in commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating this agreement on behalf of the Town of Oro Valley from any other party to the agreement arising as a result of this agreement. Both parties also agree to waive any conflicts or complaints against the Town Attorney for his/her role in the creation of this document. 7 IN WITNESS WHEREOF, the Town of Oro Valley caused this agreement to be signed and executed in its behalf by Paul H. Loomis, Mayer of the Town of Oro Valley, and duly attested by its Town Clerk, and Employee has signed and executed this agreement, both in duplicate, the day and year first above written. TOWN OF ORO VALLEY Paul H. Loomis Mayor of the Town of Oro Valley ATTEST: KatY4�yn E. Cuvelier Town Clerk (SEAL) 04 47 e Charles F. Sweet Employee APPROVED AS TO FORM: //, Tobin Sidles Acting Town Attorney 8 El •EXHIBIT"A" 9 • Exhibit "A" Annual Performance Goals: A. Annually, the Town Council and Employee shall define such9 oals and performance objectives which are determined to be necessary for the proper operation of the Town of Oro Valley and in attainment of the Town Council's written policy objectives. These performances goals and objectives shall be used as part of the criteria for Employee's annual evaluation. The performanceg oals identified for the next evaluation period are as follows: 1. Oro Valley Strategic Plan (September 05) Initiate and substantially define process, goals and objectives for the Oro Valley strategic plan that involves all departments. Strategic Plan Elements: • Evaluation and identification of 5 year financial prospectus and develop recommended strategies for future fundingof Town 9' services to include all taxing/funding mechanisms including property tax as necessary for review and consideration by the Town Council. • Evaluation of the Town's budgeting process for incorporation of "best budgeting practices"available in the field of public administration and as identified by the International City Management Association (ICMA). Evaluation would consider a cyclical program review of departments and budget programs. • Development of an Information Technology Master Plan that sets direction for digital government that will deliver high quality cost effective services to the citizens and that promotes efficiency and quality in town administration. (Measurement instruments for this performance9'oal will be as follows: a. Submittal of an Interim DRAFT Strategic Plan for Oro Valley to the Town Council for their review during the Semi-Annual Review to be conducted in April 2005. interim DRAFT Strategic Plan must demonstrate at least 40% of Strategic Plan has been accomplished. Final Strategic Plan submitted to Town Council for their review bySeptember 2005 ) b. Submit Analysis report of the Town Budgeting Process to the Town Council along with the submittal of the Manager's 2005/06 Tentative Budget submittal in May 2005; with incorporation of new budget techniques and practices in the budget cycle for 2005/06 fiscal year and beyond; c. Submit the DRAFT Information Technology(IT) Master Plan to the Town Council for their by December 2004, with FINAL DRAFT ready for Town Council consideration and adoption in February 2005; 2. Naranja Town Site Funding Strategy. (July 05) Develop funding strategy for the Naranja Town Site property. Y Evaluation and Analysis should include all possible funding strategies ies available to the town in order to implement the current Naranja Town Site Master Plan. (Measurement instrument for this performance goal will be the submittal of a DRAFT report in April 05, with Final Funding Strategy Report completed in July 05) 3. Employment Policy Amendments (April 05) Define and develop employment policies regarding employee involvement with political issues, communications with outside parties and communication to the Town Council. (Measurement instrument for this performance goal will be the submittal of a DRAFT ordinance/resolution to be discussed in a Study Session in March 2005, with FINAL ordinance/resolution ready for Town Council action in April 2005.) 4. Regular Meeting with Public Safety Providers (Start: Nov. 04) Establish regular meetings between the Town and all public safety providers (i.e., fire & police). These meetings should be to foster communication and improved service delivery and support services between agencies. (Monthly) (Measurement instrument for this performance goal is the reporting to the Town Council on a monthly basis the date the meetings have been held with the public safety providers in Oro Valley; summary of the subjects discussed at the meetings; and identifying critical public safety issues within the community that may require Town Council action in the future.) 5. Town Council packet modification to a two week cycle. (Jan. 05) Modify the Town's Development Processing Calendar and Regular Agenda Packet process to provide the Town Council with Regular Agenda packet two weeks in advance of the meeting date. (Measurement instrument for this performance goal will be the production of Regular Agenda packets posted and delivered to the Town Council two weeks in advance of the Regular meeting date, starting with the Regular Meeting of January 5th 2005) 6. Procurement Process Assessment Report & Recommendation (May 05) Assess and report to the Town Council on the amount of time and resources that are currently being expended on an annual basis by all departments on the procurement of services; supplies; and capital improvement projects for the town. (Measurement instrument for this performance goal will be the delivery of a Procurement Process Assessment Report to the Town Council in conjunction with the delivery of the Manager's Tentative Budget for 2005/06 by May 2nd 2005) AGENDA ORO VALLEY TOWN COUNCIL SPECIAL SESSION NOVEMBER 10, 2005 ORO VALLEY COUNCIL CHAMBERS N 11,000 N. LA CANADA DRIVE SPECIAL SESSION: AT OR AFTER 5:30 P.M. CALL TO ORDER: 5:30 P.M. ROLL CALL 1 . PUBLIC HEARING — ORDINANCE NO. (0)05-39 DISCUSSION, REVIEW AND POSSIBLE ACTION REGARDING OV7-01-09 THE ORO VALLEY COMMERCIAL CODE UPDATE (AMENDING ORO VALLEY ZONING CODE REVISED, CHAPTER 23 ZONING DISTRICTS SECTION 23.8 PROPERTY DEVELOPMENT STANDARDS FOR NONRESIDENTIAL DISTRICTS AND CHAPTER 25 USE REGULATIONS SECTION 25.1 REQUIREMENTS FOR SPECIFIC USES AND AMENDING OTHER CHAPTERS IN CONFLICT WITH THE ORO VALLEY ZONING CODE REVISED (CONTINUED FROM 10-19-05) ADJOURNMENT The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Oro Valley Town Clerk at least five days prior to the meeting, at 229-4700 or TDY#229-4900. POSTED: 11/02/05 4:30 p.m. Ih TOWN OF ORO VALLEY 11 TOWN COUNCIL SPECIAL SESSION MEETING DATE: November 10, 2005 TO.• HONORABLE MAYOR& TOWN COUNCIL FROM: Brent Sinclair, AICP, Community Development Director SUBJECT: PUBLIC HEARING—ORDINANCE (0) 05-3Y, OV7-01-09, AMENDING THE ORO VALLEY ZONING CODE REVISED BY AMENDING CHAPTER 23 ZONING DISTRICTS SECTION 23.8 PROPERTY DEVELOPMENT STANDARDS FOR NONRESIDENTIAL DISTRICTS AND CHAPTER 25 USE REGULATIONS SECTION 25.1 REQUIREMENTS FOR SPECIFIC USES AND AMENDING OTHER CHAPTERS IN CONFLICT WITH THE PROPOSED UPDATE; CONTINUED FROM OCTOBER 19, 2005 TOWN COUNCIL MEETING. NEW INFORMATION: This item was continued from the October 19, 2005 meeting. It has been re-noticed because the continuance was not date specific. • for this meeting. However, there are only two areas zoned C-N A map of existing C-N districts was requested g currently in Oro Valley and neither are five acres or under. The two areas include the Southwest corner of Lambert and La Canada and the Southwest corner of Oracle and Linda Vista. In lieu of this map, staff has lan ma that illustrates future potential C-N zoning areas based on the General Plan prepared a General P p designation of Neighborhood Commercial. ' ' information that was requested prior to or at the last meeting is attached to this communication. Additional q 4tAlt ' i Community Development Director (j64( --) Assistant Town i .n,:ger / i A4 4fi41 own Manager Attachments: 1. Questions from Vice-Mayor Gillaspie 2. Size Comparisons in C-N District 3. General Plan Map 4. Council Communication &Packet from October 19, 2005 ATTACHMENT # 1 QUESTIONS FROM VICE-MAYOR GILLASPIE Message Page 1 o 411 Tanner, Danielle f Subject: RE: C-N district new uses -----Original Message From: Sinclair, Brent Eent: Wednesday, October 19, 2005 9:18 AM ro: Gillaspie,Barry Cc: Andrews, David Subject: C-N district new uses Barry, The attached file has all the new C-N uses. • Those that are underlined in the use column are new listings in the commercial code. • P -means permitted use. • C -means conditional use. Please let me know if you have any questions. Thanks, Brent 10/19/2005 USE C-N Business schools or similar private schools C Community buildings and recreational facilities private, not-for-profit, such as athletic fields and boy's clubs C Restaurant, café, or delicatessen with outside seating C Antique Store P Art gallery P Bicycle Shop P Book or specialty paper store (excluding adult bookstore) P Gift/Hobby shop P Video store, excluding adult P Banks or financial institutions C-P Barber or beauty shop or day spa P Day nursery or preschool (drop-off>100' from residential district) P Day nursery or preschool (drop-off<199' from residential district) C Indoor recreation, health spa, health studio or fitness center GP Hospital for animals including boarding and lodging CP Mail Service P Pet grooming P Studio for professional work or teaching of any form of commercial or fine arts P Utility payment store p Plant nursery C Page 1 o Message Tanner, Danielle Subject: RE: Questions for Town Council Meeting -----Original Message From: Sinclair, Brent Sent: Tuesday, October 18, 2005 6:13 PM To: Gillaspie,Barry Cc: Andrews, David Subject: FW: Questions for Town Council Meeting Barry, • My responses are in BLUE. • Some of these just needed clarification and hopefully I was able to do so. • Some of the questions related to residential standards and requirements which are not a part of this code amendmen We can certainly address them at another time. • I have tried to give an honest, concise appraisal of some of your suggested changes. Some of these could be debat€ at great length, others are judgment calls that the Council needs to make. • There are a couple of questions I still need to follow up on and will do so tomorrow. Please let me know if you need more info or want to discuss any of these in more depth. Thanks, Brent Original Message From: Gillaspie,Barry Sent: Monday, October 17, 2005 9:11 AM To: Sinclair, Brent; Andrews, David Subject: Questions for Town Council Meeting Questions in regard to the code modifications and other stuff on the agenda. Please call if you have questions. I would appreciate some response prior to Wednesday. Barry Barry Gillaspie Vice Mayor Town of Oro Valley 10/19/2005 tl 5 0 05-39 OV7-01-09 Are the PlanningCommission votes incorporated in what we see before the Council?? References refere to the old zoning code Chapter 9 Yes. The reason the reference is different is because we have reformatted the zoning Code(via Comprehensive Code Amendments) since the P & Z meeting in p June. Page 3 — **Was there consideration to amending the CN district to require a percentage of uses at 1200 sqft or a mix of sq footages versus a standard 5000 and 9000 sq feet? Bill Not aware of anysuch consideration. Mixes get complicated especially with ongoing tenant turnover. Page 4 • What additional uses were added to CN? I will send that over separately. q Issue — removal of the CUP requirement for liquor license with the commercial districts will effectively halt the town's ability to prevent liquor sales in commercial areas if needed. State laws for evaluating liquor license approval are evaluated luated on different criteria and will essentially have little to do with land-use zoning issues, is the Town council okay with this? Thisa policy is olic issue. The current process is quite redundant with the dual process. However, you are correct that State criteria are different. • What are state criteria for evaluation of a liquor license and under what reasons will one be declined? We are checking on this. Page 5 • If discretion has been shifted to the Planning and Zoning Administrator to determine if analogous uses are permitted within a zoning district, what additional authority has been granted to the administrator to administratively mitigate ate the use (if needed) and what is the process for review and appeal? Thea appeal process would be treated as a zoning interpretation and could be pp appealed to the BOA. Additional mitigation should not be needed if the use is truly an analogous use. If the use is not analogous, it should go to the P & Z Commission and Town Council for possible insertion in the proper district. (Staff is not strongly advocatingthis change. However, it is a customer service g y and convenience issue for the applicant who currently has to wait over 60-75 days to get an answer.) • 9 Why have we not strengthened odor abatement standards above those required by Pima County? Our currentprovides code nothing. The proposed code amendment requires an odor abatementplan lan to the reviewed and approved by staff, DRB and Town Council with specific criteria (Section 25.1.A.8). Pima County code requires an abatementplan lan with some criteria and staff approval only. Staff believes this proposed code responds better to each situation than the Pima Code. Page 79 of the code — SDH-6 provided is with a purpose but not called out in earlier pages as a district? See page 77 Districts and Boundaries Thereof Chapter 23 zoning p 9 We will re-insert it. For some reason it was left out. Page 81 09 f code — How is light industrial defined? What if TP is requested for offices nearbyto residential uses and then there is a request to put in light industrial? Although no formal definition is in the code, the use table on page 90 lists each permitted use under the TP district. Any light industrial would fall under the "manufacturing and processing" category. Page 85 — • Are we now restricting churches to commercial and above and is this legal? Right now churches are just allowed in C-N and PS & C. No, this is not legal. Many julist churches in residential districts as either permitted uses or conditional uses. We need to consider this in the future. These code changes only deal with non-residential uses. • Why aren'twe permitting golf courses in commercial areas? If a developer chooses to incorporate the use why should it require special approval in a commercial area? Traditionally, our golf olf courses have been in PAD's or residential districts. The Y TAC felt the should not be in commercial districts so they will not absorb prime retail space. Drivingranges and miniature courses would be allowed in commercial. • P. 86 table 23.1 • Whyaren't we allowingmunicipal services in residential districts. Development ment standards should be used to mitigate and council approval could be established to assure that the use is reasonably compatible with the area? What is a municipal use? Historically, theyhave not been allowed in residential districts. This code amendment only made changes to non-residential districts. • Why not allow museums in areas similar to multi-family Again, this code amendment only made changes to non-residential districts • Why aren't community owned recreational facilities allowed in multifamily and commercial? This is not a change from our current code and I don't have a good answer otherwise. • Why expand and to allow fire stations and emergency rescue facilities p in all zones? Strike privately owned. Again, we did not make any changes in residential districts. Public stations are addressed ssed under municipal services. If the Council chooses to not make a distinction, then we will amend it accordingly. • P. 87 table 23.1 • Why wouldn't we allow colleges or universities in commercial districts? Strike the designation of private? This was the reason the PS & C district was created. May have something to do g with the wide range in scale and type of activities that could be associated with these institutions. • Private school wording relating to curriculum should be removed, this is virtually unenforceable. This language is standard lan e to make distinctions between "schools" and business ventures like the "hair colleges" and "karate schools" • P 88 • Why no tennis courts in multifamily or commercial? They are allowed as accessory uses in both. This is not a change to our existing code. • P 89 o Why we permit ermit bars and cocktail lounges with live dancing in C-2 without a conditional use permit? Why is dancing different than bars that don't have patron dancing? Historically, that distinction has been made. The type and scale of the establishment need to be evaluated and scrutinized. Example; the difference between Famous Sams (no dancing) and Wild Wild West (dancing) is quite extensive so I have been told... o Restaurant with entertainment should be allowed in C2 without a CUP please explain? Same as above. The entertainment aspect needs to be evaluated in terms of scale andtYp e. It could range from a very quiet venue to a foot-stomping crowd-attracting venue. • P90 o Why no broadcasting station in CN if no towers are allowed? It is magr marginal. It does not reallyfit with the provision of a strictly neighborhood service. It really depends on the scale of the establishment. • P 92 o What are convenience uses not specifically addressed elsewhere? Example: A drugstore with a drive through. (Drug stores are permitted outright while drug stores with drive through require conditional use permit) • P 93 o Why isn't an appliance repair shop permitted in CN To make this fit we would need to specify small appliances. Otherwise, we run into issues of noise and storage. o Why don't we allow clinics with urgent care in CN and Cl.? (yet we permit dry cleaners) • care facilities are typicallycommunity or regional in nature. Dry cleaners Urgent are neg neighborhood oriented. You could make a case for allowing the urgent care in C-1. • • P 94 o Please clarify communications informational, and other technical service and why it would not be appropriate to the commercial districts? These are typically telemarketing call centers. The trend is that these facilities leachgeneration second retail centers (previous grocery stores, etc) and erode retail space. o Why no indoor recreation, health spa in CN? It does list it as ap ermitted use in C-N. The current code only allows it as a condition use. • P 95 o Why wouldn't private clubs with entertainment and alcohol be allowed outright in C2? Historically, a distinction has been made. It is an issue of scale and noise. o Why no skilled nursing facility in Commercial districts? These are typically Group home establishments and in most cases are residentially oriented. I will check for more info. o Why conditional needed for theater in Cl district? Theaters are regional in nature and our C-1 areas are limited and more residentially oriented. Property Development Standards for Multi-Family Residential Districts p rty p • P 116 3a. Change 100 to 150 We can consider that in the future, however this code amendment only relates to Non-residential districts and has been noticed to only include non-residential regulations. Property Development Standards for Nonresidential Districts p • P 118 o 2 Building height— Architectural elements shall not exceed �9 5 feet unless approved by the DRB. We can go either way. The way it is currently proposed does require DRB approval. • P 119 4.b.i o Clarify that 50 feet and 3:1 (setback to building height). Does this mean if the building is 25 ft in height that the setback would be 50 + 75 or 125 ft? Yes, and thank you for catching that. It should read 50 feet or 3:1, whichever is greater. In your example it would be 75 feet. P 120 • C-1 Floor area limits have been established, have floor area ratios for C1 been modified? Yes, (table on page 100) increased from .25 to .3. P 122 • Building height 2.a Steeples , spires and towers should be limited to ONE and not subject to DRB approval. Okay. Should not be a problem. • 2.b-d Is the Council aware that for the first time OV is allowing Auditoriums, Sanctuaries and Gymnasiums up to 36 feet? I don't know if the Council is. The Planning and Zoning Commission, DRB and staff are certainly aware of the constraints of our current code. The current code basically prohibits the construction of some of these facilities. Example: a gymnasium cannot be used for basket ball and volleyball if built under current code. The ball hits the ceiling to often! We really are out of sync with other jurisdictions and the needs of these facilities. • Yard Set Backs — 3.a.i, 50 feet from abutting residential uses is NOT sufficient especially if the use includes large sanctuaries with spires for churches! Okay; how about 50 feet or 3:1, whichever is greater? That way is would be consistent with commercial. P. 123 • 3. c I oppose allowing recreational facilities to be reduced from 100 feet to 50 from ALL property lines! Okay. We can live with that. • How have the Floor area limits been modified by these additions in section E. 2? Increased from no requirement to .5. (see table on page 100) P. 124 • Why was 2% established for the open courtyard or mall? Why not 4% etc.? Our research concluded 2% was sufficient given all our other landscape, open space and setback requirements. (Taken from the Scottsdale code) P 125 3 — Recreational setbacks should be adjusted according to the neighboring district. Is 50 feet enough from an R1 district. That is our current code and we have not heard of any problems. However, if we change the PS & C to 100 feet, we may want to be consistent. P 250 Are the Antenna restrictions beginning on page 250 roughly the same except for those areas that are struck? Yes, the rest are housekeeping items. P 262 Why shouldn't convenience uses be at least 500 feet from a residential district just like public parks or schools? That is how the existing code reads and I have no explanation or background on this. Both are a bit arbitrary. Steam Pump - Why a freeze of lighting code standards for 7 seven years? I am not clear on this need versus the PAD amendment to come for the performing arts stage at Steinway. Steam Pump initially asked for a ten year freeze. They are concerned we will do a major lighting code change during the third and fourth phases of their phased development. ATTACHMENT #2 SIZE COMPARISONS IN GN DISTRICT SIZE g The character of the Neighborhood Commercial zone was identified as one that should specific a verys ecific and limited area. Currently, a large scale retail use that attracts a regional market could be located in C-N. This creates inherent conflicts (traffic, views, noise etc.) in trying to locate basic services on a site surrounded by existing homes. The y g need to create a neighborhood friendly scale is a goal of the Commercial Code effort. The character of each commercial zoning district, as identified by the revised"Purpose Statements", may be realized via a refined list of uses, specific design standards and associated size (land area). Size limitations are an effective means to address the issue of scale. This incorporatedby is a tool many jurisdictions—such as Scottsdale. Within Chapter 8, its use is most evident in the proposed treatment of C-N uses. Within C , -N the size of each use is restricted to maximum gross floor area. The numbers were affixed via a three-step approach: a. Evaluate size restrictions used by other jurisdictions (Scottsdale restricts many neighborhood uses to 1,200 square feet). b. Evaluate the size of existing local uses that are generally acceptable in a neighborhood. Adjust size limitations to insure that the number reflects the local market—rather than Scottsdale's. Please see attached breakdown of uses and sizes. c. Research national standards published by the Urban Land Institute (attached). In the end, this background research lead staff to utilize the Oro Valley Crossroads development (SW intersection of Lambert Lane and La Canada Drive) as a model. The size of the development and uses such as Café Torino were a key consideration in assigning site area and scale restrictions. Staff isro osing that C-N sites be restricted to no more than 5 acres— p p because larger sites tend to serve a market well beyond a grouping of neighborhoods. Furthermore, all C-N uses should be restricted to a maximum of 5,000 square feet— except for the following categories: Grocery store, Hardware store and Drug Store at 9,000 square feet. pp The above approach was also utilized in the C-1 zoning district. A restriction of 60,000 s a square feet for all permitted uses has been proposed. The current language include provision that would require a Conditional Use Permit to exceed the maximum. Under this scenario, uses that are larger in scale than the Rancho Vistoso Safeway 54,912 square feet, for example, would require a conditional use permit. Neighborhood Commercial Siize Needs Relative to Proposed Code Maximums USE LOCAL EXAMPLES NATIONAL ULI SURVEY PROPOSED RESULTS GLA SQ. FT. MAX. SQ. FT. Name 1 Size Location Lower Median Upper Sq. Ft. Decile Decile Business & 755 1200 1612 3000 Professional Office Medical or OV Dentist 1360 Canada 1074 1607 4010 3000 Dental Offices Crossroads _ Hospital or Companion 2704 N. Campbell 1200 1723 3321 3000 Veterinary Vet Clinic Clinic for Animals 3000 Anti•ue Store Christie's 5400 E. Speedway Art Gallery 2428 3000 1800 Ina/Magee ee 773 1536 3177 3000 Bakery Village g Bakehouse Bicycle Shop OV Bike Shop1283 RV Blvd/ 1764 3086 5854 3000 i Oracle Book or Bookman's28,937 E. Grant 1203 2400 9580 3000 Specialty Tucson Map & Campbell Ave Paper Store Flag Center Camera Store 560 1047 2010 3000 Candy Shop Sees Candy 1944 Broadway 1139 2863 8431 3000 25 818 Grant Rd. 1060 2480 15012 3000 Craft Shop Ben Franklin � - - Delicatessen 1100. 1.300 . 1800. 3000 DrugStore Walgreens & 14,000 Lambert/ 6400 9100 16450 9000 Osco La Canada nd 3000 Fabric Store Hancock 17,500 22 Street 5400 Fabrics p Florist Say-On 1680 Speedway 826 1200 2720 3000 Flowers GiftSho• 926 2480 4950 3000 4000 University Grocery Store Time Market 18258 31500 49809 9000 Ave Rincon Market 10,000 5th/Tucson Blvd Wild Oats 15,030 Ina/Oracle Safeway 54,912 RV Blvd Albertson's 81,335 First/Oracle ._ Hardware True Value 6630 Oracle/Magee 3480 7350 12188 9000 Store Bimsco 4355 Stone Avenue True Value Hobby Shop Hobbytown 2636 1102 E 22nd 2500 3000 USA - 3000 Ice Cream Baskin- 1200 Target Center 987 1200 2400 Parlor Robbins Variet Store MacF ru•al's 21,935 Oracle Rd. _ 3000 7000 _ 17880 3000 Page 1 of 3 Neighborhood Commercial Size Needs Relative to Proposed Code Maximums USE LOCAL EXAMPLES NATIONAL ULI SURVEY PROPOSED RESULTS GLA SQ. FT. MAX. SQ. FT. Name Size Location Lower Median Upper Sq. Ft. Decile Decile Video Store Blockbuster 3990 Target Center 1559 3675 7058 _ 3000 Restaurant, Rubios 1646 Target Center 1457 3075 5573 3000 Delicatessen Pizza Hut 4174 Target Center or Cafe Starbucks & 3096 Ina/Oracle Einstein Bagels Metro Grill 7892 Ina/Magee Cafe Cafe Torino 1200 Canada 1018 1344 1964 3000 Crossroads Bank or AZ Credit 2200 University 1208 3015 7335 3000 Financial Union Avenue Institution Pima Credit 15,296 N. Stone Union Bank of 9680 W. Ina America Barber or Hair Salon 1260 Sun City 989 1306 2172 3000 Beauty Shop Day Nursery 2340 3000 Or Preschool Dry Cleaners Comet 1300 La Canada/ 1053 1500 2400 3000 Cleaners Lambert Laundromats 1200 1600 3000 _ 3000 Mail Service 900 1200 1619 3000 Store Municipal 949 1670 5053 3000 Services Pet Grooming 901 1469 2635 3000 Post Office 5990 3000 (sub-station) , 6538 3000 .. Recreation, Lady of 3850 Safeway Health Studio, America Vistoso Health Spa or ATA Black 3000 La Canada/ Fitness Center Belt Naranja Shoe Repair 595 760 1103 3000 Utility Payment 3000 Store Automobile Merles Auto 8,362 Orange Grove 1425 5125 11300 3000 Parts Store Pep Boys 22,815 Speedway Convenience Circle K 2849 N. Oracle 3400 3000 Uses Page 2 of 3 Neighborhood Commercial Size Needs Relative to Proposed Code Maximums USE LOCAL EXAMPLES NATIONAL ULI SURVEY PROPOSED RESULTS GLA SQ. FT. MAX. SQ. FT. Name Size Location Lower Median Upper Sq. Ft. Decile Decile Live 3000 Entertainment Ancillary to a Restaurant _ - 3000 Plant Nursery with Ancillary Outdoor Storage _Utilities and Na Utility Poles Analogous 3000 Uses - - Definitions: Decile—One of the values of a statistical variable that divides the distribution of the variable into ten groups having equal frequencies. GLA—Gross Leasable Area Median—A number in a set that has the property of having half the other numbers greater than it and half the numbers less than it. F:\OV\OV7\2001\07-01-09\Tables\Neighborhood commercial Size Table.doc Page 3 of 3 ATTACHMENT #3 GENERAL PLAN MAP TOWN OF ORO VALLEY 5 STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: October 19, 2005 0: HONORABLE MAYOR & TOWN COUNCIL FROM: Bayer Vella, AICP, Principal Planner —ORDINANCE O 05- 39, OV7-01-091 AMENDING THE ORO SUBJECT: PUBLIC HEARING � � VALLEY ZONING CODE REVISED BY AMENDING CHAPTER 23 ZONING DISTRICTS SECTION 23.8 PROPERTY DEVELOPMENT STANDARDS FOR NONRESIDENTIAL DISTRICTS AND CHAPTER 25 USE REGULATIONS SECTION 25.1 REQUIREMENTS FOR SPECIFIC USES AND AMENDING OTHER CHAPTERS IN CONFLICT WITH THE PROPOSED UPDATE BACKGROUND: Review History: Advisory Committee was appointed by Town Council on May 2, 2001 to work with staff in • A Technical A ry pp developing the amendments. The• Zoning Planningand Commission conducted study sessions on the amendment on October 23 and November 13, 2001. • y o n Jul 2, 2002, the Planning and Zoning Commission recommended that Town Council adopt the revisions to Chapters 8 and 9 of the Oro Valley Zoning Code Revised. • A number of additional changes were added. As a result, Town Council held a Study Session on October 11, 2004 on the revisions and requested that the Commission rehear the amendments. Town Council held a StudySession on October 11, 2004 on the revisions and requested that the Commission rehear the amendments. • The Commission held a Public Hearing on November 2, 2004, but took no action and referred the matter to a Study Session. • T he Commission on November 22 and December 13, 2004 held Study Sessions on the amendments to the Commercial Code. • On June 7, 2005, the Planning & Zoning Commission recommended conditional approval to the Town Council. Purpose and Process: The primary focus of this effort is to update and modify what was formerly known as Chapter 8 (commercial development standards) and 9 (additional requirements for specific uses) of the Zoning Code. With the recent adoptionComprehensive of the Com rehensive Code Update, non-residential standards have been relocated and reformatted to Chapter 23. In addition, requirements for specific uses have been positioned into the new Chapter 25. Town's non-residential standards have not been comprehensively reviewed since they were adopted. As an The approved Work Plan item, staff drafted an update to the standards by comparing those currently used by select jurisdictions in Arizona, Colorado, and California. Drafts were shaped by a Technical Advisory Committee, Citizen Input, Developer Input, and numerous Planning & Zoning Commission meetings. TOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL Page 2 40 Chapter 23, Section 23.8: and sections includes permitted and conditional uses, and development standards for the following The chapter districts: • C-N Neighborhood Commercial • C-1 Commercial District • C-2 Commercial District • PS&C Private Schools and Churches • T-P Technological Park District • P&OS Parks and Open Space District proposed Major changes are being to C-N, C-1, C-2 and T-P. Changes to the remaining districts primarily involve transferring requirements to other portions of the code. Chapter 25, Section 25.1: This section includes "conditions for specific uses". There are a myriad of requirements that are to be applied only to certain land uses. The following uses are addressed with associated Code page numbers: rt Galleries 213 Ilkanks and Financial Institutions(Freestanding) 213 ar Rental Establishments 218 D. Car Washes,Automatic 219 E. Car Wash,Self-Serve 220 F. Churches 221 G. Commercial Stables 224 H. Community Residences 225 I. Communication Structures and Facilities 225 J. Condominiums and Apartment Conversions 237 K. Convenience Uses 237 L. DayNursery or Preschool 245 M. Fire and Police Stations and Emergency Rescue Facilities 246249 N. Golf Course O. Golf Safety Nets 249 249 P. Health Studio or Fitness Center 50 250 Q. Hospital for Animals 250 R. Marketing of Products Raised on the Premises S. Mature Adult Retirement Quarters, Rehabilitative Care and Skilled Nursing Care Facilities 250254 T. Restaurants,Within Specific Districts U. Restaurants, Drive-Through/Drive-In 254 V. Service Stations,Automotive 255 W. Swimming Pools 256258 X.Temporary Real Estate Sales Office 258 Y.Tennis Club 259 Z.Timeshare Plan AA. Utility Poles and Wires TOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL Page 3 AMENDMENT OVERVIEW Chapter 23, Section 23.8 zoningcode districts are fairly similar, for example a 60,000 square foot grocery store could be Currently, the established in C-N, C-1 or C-2 zoning districts. Staff and the TAC strived to insure that the zones are distinguished in a hierarchical manner to accommodate the following: neighborhood clientele in C-N, multi- neighborhood and semi-regional semi- ional in C-1 and regional in C-2. The following amendments accomplish this goal: g 1. Amendments to the Purpose Statements Purpose statements are important for the following reasons: • They are utilizedguiding as benchmarks or uidin themes for all substantive changes within each district. • In the future, they will be used to help evaluate a rezoning proposal. districts now has a purpose statement which clearly identifies the purpose and intent of each district. Each of the p rp 2. Size Limitations The character of each commercial zoningdistrict, as identified by the Purpose Statements, may be realized via a refined list of uses, specific design standards and associated size (land area). Size limitations are an effective s pecg means to address the issue of scale. This is a tool incorporated by many jurisdictions— such as Scottsdale. this proposed Chapter its use is most evident in the proposed treatment of C-N uses. ithinp p p Within C-N, the size of each use is restricted to maximum gross floor area. The numbers were affixed via a three-step approach: a. Evaluate size restrictions used by other jurisdictions (Scottsdale restricts many neighborhood uses to 1,200 square feet). b. Evaluate the size of existing local uses that are generally acceptable in a neighborhood. c. Research national standards published by the Urban Land Institute (attached). In sum, staff is proposing that all C-N uses be restricted to a maximum of 5,000 square feet—except for the p g following categories:ories: Grocery store, Hardware store and Drug Store at 9,000 square feet. g The above approach was also utilized in the C-1 zoning district. A restriction of 60,000 square feet for all permitted uses has been proposed. The current language includes a provision that would require a Conditional p Use Permit to exceed the maximum. Under this scenario, uses that are larger in scale than the Rancho Vistoso Safeway54 912 square feet, for example, would require a conditional use permit. TOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL Page 4 3. Changes to Minimum Area Requirements for Rezonings A hierarchical scale has been established as depicted below: C-N COMMERCIAL C-1 COMMERCIAL C-2 COMMERCIAL T-P TECHNOLOGICAL DISTRICT DISTRICT DISTRICT PARK DISTRICT Minimum Any pro erty for which . :: ' •: - •• •• Any property for which Not applicable in this p Property C-N zoning is requested district. C-2 zoning is requested District p �y Size shall :• .•• • ••'•'•• -•• ANY PROPERTY FOR shall contain a minimum of 5 acres NOT WHICH C-1 ZONING of 10 acres er--43 5,600 EXCEED 5 ACRES IN IS REQUESTED square feet. SIZE. SUFFICIENT SHALL CONTAIN A AREA MUST BE MINIMUM OF 5 PROVIDED TO ACRES. ESTABLISH MULTIPLE USES ON THE SITE. Rationale Sites above 5 acres in This essentially requires Unchanged Unchanged size are beyond a the development of a "neighborhood scale" shopping center- whereby, internal circulation, signage, and overall design can be comprehensively addressed 4. Adjustment to Permitted and Conditional Uses For a complete list of additions, deletions and repositioning of uses please see the attached Section 23.3 "Table of Permitted Uses", Page 78. The proposed changes can be roughly summarized as follows: • The number of permitted uses in C-N has been increased. • Two categories (clothing store and appliance store) were removed from C-N and placed within C-1. • In C-N, C-1 and C-2, an applicant will no longer be required to apply for a conditional use permit to receive a liquor license. The State Liquor Board already requires Town Council approval of a license. Currently, an applicant must attend three separate public hearings to receive permission: 1. Planning and pp Zoning Commission for CUP Review, 2. Town Council CUP Approval and 3. Town Council State pp Liquor License Approval. Staff is proposing only one public hearing in the future—the one required by q the State which is before the Town Council. • All usesp ermitted in C-N are permitted in C-1. C-1 includes additional uses. All uses in C-1 are permitted in C-2. • The number of uses in T-P has been increased to encourage uses that support such development, (limited commercial retail, dry cleaners, restaurants ancillary to industrial, etc.). TOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL Page 5 • Discretion has been shifted to the Planning and Zoning Administrator to determine whether a use is "Analogous" within each zoning district, a category of"Analogous Uses"is included. It exists because one cannot possibly list all potential uses that could or should occur. Discretion is needed to interpret uses that are similar in character to the ones permitted or conditionally permitted in a zoning category. This authority to interpret currently lies with the Planning and Zoning Commission. 5. Revision of Development Standards A hierarchical scale of development standards has also been proposed (see Property Development Standards Table attached). 6. Proposed New Development Standards New design standards regarding open space and incorporation of courtyards have been proposed in C-N, C-1 and C-2 that are currently in use in Scottsdale. They are indicated in large caps on the attached Property Development Standards Table. CHAPTER 25: As previously mentioned, this chapter includes requirements only for specific uses. Over the years, it has become evident that many requirements should apply to all commercial uses. For example, drive-through restaurants must insure that all trash dumpsters are screened on all four sides and a self-closing/self-latching to must be utilized. This requirement should apply to all uses that have onsite durnpsters. As a result, a list titled GENERAL REQUIREMENTS FOR ALL NON-RESIDENTIAL USES (specifically excludes parks) has been developed. The following are examples of the major changes: 1. Appendix A Design Guidelines: Requirements were repositioned to apply to all development and others still apply to specific uses. On a very limited basis, design guidelines from Appendix A were incorporated as requirements. The TAC and Staff proposed incorporating Design Guidelines that are routinely required by DRB and Town Council. 2. Convenience Use: The convenience use section has been revised considerably. The convenience use categories have been divided into two. There is recognition that less intense convenience uses such as drive-through drug stores, etc. should be treated less stringently than high traffic uses such as fast food chains and convenience stores. 3. Outdoor Storage-. Currently there are no outdoor storage provisions. Within Chapter 9 staff proposes limited outdoor storage standards which must be screened by an opaque wall. 4. Odor Abatement: The standards proposed are the same as Pima County. TOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL Page 6 5. Housekeeping: All requirements associated with parking, lighting and landscaping have been referred to those specific zoning code chapters. PUBLIC NOTIFICATION: For Planning & Zoning Commission and Town Council public hearings, staff mailed notification to all commercial property owners within the Town, regular consultants and developers, and interested citizens. Each direct mailing involved 300 letters that included general notification, description of the study session and anticipated public hearings, and a request for comments. Prior to becoming a Commissioner, Mr. Adler provided a list of issues and concerns. Staff responded to each in report form and at a Commission study session. As a Commissioner, many of the same issues were addressed as indicated in the attached June 7, 2005 public hearing minutes. A groupof developers hired Lewis and Roca to review and comment on the proposals. Keri Silvyn of Lewis and Roca, representing Evergreen Devco and others, submitted a letter and matrix of their issues (attached). They are primarily concerned with specifics changes to Chapter 25. taff met with Ms. Silvyn to learn and forge compromises where appropriate. Attached is Staff's response to e issues raised in the matrix—which are remaining issues not accepted by the Commission. As indicated in the attached June 7 Planning & Zoning Commission minutes, staff and the Commission specifically addressed each of the concerns at the public hearing. PLANNING AND ZONING COMMISSION ACTION: Over the course of multiple study sessions, many changes were made to the code based on Commission and public input. On June 7, 2005, the Commission voted unanimously (6-0) to recommend approval with several amendments. Please see the attached minutes for a full list of amendments. All amendments have been incorporated into the current draft. FINDINGS OF FACT SUMMARY: Factors For: 1. The update will help insure accomplishment of General Plan objectives. 2. The code update will provide clarity with regard to specific requirements. 3. Thep roposed changes have undergone extensive scrutiny through multiple study sessions and hearings and represents a consideration of many viewpoints. 4. Public outreach efforts have been extensive via notification of all commercial property owners and provision of drafts via the Town website. actors Against 1. A representative of various commercial developers in the community has requested additional changes. TOWN OF ORO VALLEY Page 7 TAFF REPORT TO THE TOWN COUNCIL Pa g 1 : Factors Against 1. A representative of various commercial developers in the community has requested additional changes. SUGGESTED MOTIONS: Ordinance (0) 05- OV7-01-09, amendments to Chapters 23 and 25 of the Oro Valley I move to approve Ord 3 9 ZoningCode Revised and amend all other chapters in conflict therewith. OR I move to approve Ordinance (0) 05- OV7-01-09, amendments to Chapters 23 and 25 of the Oro Valley Zoning Code Revised and amend all other chapters in conflict therewith, with the following changes: OR 39 _ _ is to Cha ters 23 and 25 of the Oro Valley I move to denyOrdinance (0) 05- , OV7 O1 09, amendmen p ning Code Revised and amend all other chapters in conflict therewith finding og t: • Attachments: 1. Ordinance (0) 05- 39 2. Draft Code Update, Chapters 23 & 25 3. Exhibit A Complete Zoning Code Update (Town Clerk has complete Zoning Code available) 4. 6/7/05 PZ Commission Minutes 5. Letter from Ms. Silvyn and Matrix of issues 6. Staff Response to Matrix Provided to the PZ Commission 7. Comparison Property Development Standards c a4-- Planning and Zo•ing Administrator / i 4 , ..,L, Community Development Director / J J C----0—\11/,'Li>e_.,,'7------ As.sstailt • Town Man ger ' ' 7:° ,1 F L-----rL,e'"—*f j ; Town Manager ORDINANCE NO. (0)O5- AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, 4111 AMENDING THE ORO VALLEY ZONING CODE REVISED BY AMENDING CHAPTER 23 ZONING DISTRICTS SECTION 23.8 PROPERTY DEVELOPMENT STANDARDS FOR NONRESIDENTIAL DISTRICTS AND CHAPTER 25 USE REGULATIONS SECTION 25.1 REQUIREMENTS FOR SPECIFIC USES AND AMENDING OTHER CHAPTERS IN CONFLICT WITH THE PROPOSED UPDATE WHEREAS, purpose The u ose of this amendment is to update Chapters 23 and 25 and amending others in conflict therewith byestablishing new development standards for non-residential development; and WHEREAS, the Planningand Zoning Commission at the duly noticed July 7, 2005 public hearing, the Commission met to discuss the proposed amendment to the Oro Valley Zoning Code Revised. The and Planning ZoningCommission made its unanimous recommendation of approval to the Town Council; and WHEREAS,the Oro Valley Town Council has duly considered that the amendments to non- residential developmentcomply with the Town regulations; and the Planning and Zoning p y Commission's recommendation and conditions at a duly noticed Public Hearing; and finds that it is consistent with the Town's General Plan, and other Town ordinances; NOW,THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF • THE TOWN OF ORO VALLEY: SECTION 1. That Exhibit 'A' be added as specified to amend portions of Chapters 22 and 23 and all other in conflict therewith of the Oro Valley Zoning Code Revised (OVZCR). 2. All ordinances and part of ordinances in conflict with provisions of this ordinance SECTION or any part of the amendments to the Oro Valley Zoning Code Revised adopted herein by reference are hereby repealed on the effective date of this ordinance. p SECTION 3. Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein or any part of the amendments to the Oro Valley Zoning Code Revised adopted herein by reference does not affect rights and duties that have matured or penalties that were incurredproceedings and din s that were begun before the effective date of the repeal. g SECTION 4. If anysection, subsection, sentence, clause, phrase or portion of the ordinance or p any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutionalby the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED bythe Mayor and Council of the Town of Oro Valley, Arizona this 19th day of October, 2005. • Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney ATTACHMENT #4 COUNCIL COMMUNICATION & PACKET FROM OCTOBER 12, 2005 A1/41-1-"C H IV1 E ISI T #2 CHAPTER 23: —yR =ZONING DISTRICTS Section 23.1 Section 23.2 Districts and Boundaries Thereof Table of P-e atte UE-es CHAPTER 23. ZONiNG• Section 23. 1 Districts and Boundaries Thereof A. Division of Town into Districts; Enumeration In order to classify, regulate, restrict and separate the use of land, building and structures; and to regulate and to limit the type, height and bulk of buildings and structures; and to regulate the areas of yards and other open areas around and between building and structures; and to regulate the density of dwelling units; the Town is hereby divided into the following districts: 1. Single-Family Residential Districts R1-300 Single-Family Residential District-300,000 sq. ft. per lot R1-144 Single-Family Residential District- 144,000 sq. ft. per lot R1-43 Single-Family Residential District-43,560 sq. ft. per lot R1-36 Single-Family Residential District-36,000 sq. ft. per lot R1-20 Single-Family Residential District-20,000 sq. ft. per lot R1-10 Single-Family Residential District- 10,000 sq. ft. per lot R1-7 Single-Family Residential District-7,000 sq. ft. per lot 2. Multi-Family Residential Districts R-4 Townhouse Residential District R-4R Resort District R-S Residential Service District R-6 Multi-Family Residential District 3. Commercial and Other Districts C-N Neighborhood Commercial District C-1 Commercial District C-2 Commercial District Zoning Code/Oro Valley AZ May 2005 77 CHAPTER 23: ZONING DISTRICTS Section 23.1 Section 23.3 Districts and Boundaries Thereof b e --e,,- �s PS&C Private Schools and Church District T-P Technological Park P-1 Parking District POS Parks and Open Space 4. Planned Area Districts PRD Planned Residential District PAD Planned Area Development 5. Supplementary Districts HDZ Hillside Development Zone ORSCOD Oracle Road Scenic Corridor Overlay District Be Purpose of Districts 1. R1-300 Single-Family Residential District This district is intended to promote and preserve rural, single- family residential development. The district permits airparks and other uses that are compatible with the large single-family lots predominated by open space. 2. R1-144 Single-Family Residential District This district is intended to promote and preserve suburban-rural single-family residential development. The large lot size permits agricultural uses and promotes open space. 3. R1-72 Single-Family Residential District This district is intended to promote and preserve suburban-rural single-family residential development, with lots large enough to accommodate on-site sewer systems. 4. R1-43 Single-Family Residential District This district provides for low-density residential development with lots large enough to accommodate on-site sewer systems. 5. R1-36 Single-Family Residential District This district provides for low-density residential development. 6. R1-20 Single-Family Residential District 78 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: ZONING DISTRICTS Section 23.1 Simon 23.3 Districts and Boundaries Thereof-Table of P-eFe4-..ee This district provides for low-density detached single-family residential development. 7. R1-10 Single-Family Residential District This district provides for medium density detached single-family residential development. 8. R1-7 Single-Family Residential District This district provides for medium high-density detached single- family residential development. 9. SDH-6 Site Delivered Housing District The purpose of this zone is to provide for properly planned and orderly developed manufactured or site delivered housing subdivisions. The principal land use is single-family dwellings and uses incidental or accessory thereto. 10. R-4 Townhouse Residential District This district is intended to provide for relatively low-density development having individual ownership and built-in privacy, either in the form of party wall construction or enclosed courtyards. 11. R-4R Resort District The Resort District is intended primarily to provide for accommodations for seasonal visitors. The controlled access, deep setbacks, and landscaping requirements are intended to enhance the value, safety, and aesthetic quality of both the highway frontage and the adjacent property. 12. R-S Residential Service District This district is composed of certain land and structures used primarily to provide administrative, clerical and professional offices of a residential scale and character to serve nearby residential and commercial areas as well as the Town as a whole. These uses are characterized by low volume of direct daily customer contact. Secondarily, this district provides for medium density residential uses. This district is designed to be a transitional zone and should be used to buffer low density residential uses from more intense land uses, districts and heavily traveled transportation routes. The property development standards, while strict in order to protect adjacent low density residential uses, are designed to be flexible enough to allow experimentation in office and housing design and to allow housing constructed within this district to incorporate its own protection from more intense adjacent uses. Zoning Code/Oro Valley AZ May 2005 79 CHAPTER 23: ZONING DISTRICTS I Section 23.1 Section 2-33- Districts and Boundaries ThereofTab-a- Remitts -s- 13. R-6 Multi-Family Residential District This district is intended to support multi-family residential development, to accommodate an increased density of population and to provide recreational and aesthetic amenities, which enhance the residential character of a multi-family project and produce a high quality environment. This district also furnishes employment opportunities, by providing for business and professional office complexes on a residential scale, with low silhouettes, a variety of separate building masses and landscaped open space, to be compatible with surrounding residential uses. 14. C-N Neighborhood Commercial District This district is intended to provide a center for convenience shopping in a residential neighborhood. The District provides for retail and service establishments which supply commodities or perform services to meet the daily needs of the neighborhood.s small office and service centers within walking/biking distance or a short drive from adjacent neighborhoods. The center shall be designed to fit into and reflect the architecture of the adjacent neighborhoods, serve as a neighborhood activity center, and provide a combination of uses that offer basic goods and services that meet the daily needs of the nearby residents. Sites should be designed to accommodate multiple, small uses as opposed to a single, large use. C-N zoning may be found along multi-use paths, near parks, immediately between or among higher density residential developments and municipal service sites. It is most appropriate at the intersection of collectors or a collector and an arterial other than Oracle Road. 15. C-1 Commercial District This district is intended to provides for large scale office complexes and medium sized small indoor retail centers, located on a major arterial. Through buffering and other mitigation measures, C-1 centers must be compatible The intent of this em.•e _ e - _.• _e••e_ .e. . with adjoining residential neighborhoods, while satisfying commercial and service business needs of nearby neighborhoods. 16. C-2 Commercial District This district is intended--to--permits all uses in the C-N and C-1 Commercial Ddistricts, plus commercial activities designed to serve a 1- -e-regional area. The intent of this zoning district is to with emphasis on shopping centers and group commercial developments. Uses must incorporate extensive mitigation measures to harmoniously co-exist while attaining compatibility 80 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: ZONING DISTRICTS Section 23.1 Scctio 2-2 - Districts and Boundaries Thereo with nearby neighborhoods. Areas designated C-2 should be recognized acuses are substantial traffic generators and should be located near the intersection of two principal arterials. 17. PS&C Private Schools and Churches District This district is intended to provides for religious facilities and private educational facilities in addition to public schools. 18. T-P Technological Park District This district is intended to provides for administrative, research and specialized manufacturing activities at a low intensity. Uses include a mix of light industrial, professional office, office/showroom, office/warehouse, ancillary retail services and related uses. All uses shall be of a non-nuisance type and minimal residential scale having low silhouette, a variety of separate building masses and landscaped areas. This district is to provide employment near residential areas and the development standards are intended to be compatible to adjacent residential uses and provide a park-like setting for employment. 19.P-1 Parking District a .a e .. -a e-e a e e e- a-_- . street parking in appropriate 'ocatin-s for non-residential uses. It • r - •- -- e-.- e e•t I e •_a • a• • 20.19. Parks and Open Space District This district is in-tended primarily for those areas of the Town where it is desirable and necessary to provide permanent park, public open space, and in general, areas to be preserved in their present or scientifically managed state when they are necessary scenic areas. C. Boundaries of Districts - Rules Where Uncertainty May Arise Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Map accompanying and made a part of this ordinance, the following rules apply: 1. The district boundaries are either street lines or alley lines unless otherwise shown, and where the districts designated on the map accompanying and made a part of this ordinance are bounded Zoning Code/Oro Valley AZ May 2005 81 CHAPTER 23: ZONING DISTRICTS Section 23.2 :, a' n 23.3 Effect of DistrictsTa -e--e- approximately by street or alley lines, the street lines or alley lines shall be construed to be the boundary of the district. 2. Where the district boundaries are not otherwise indicated and where the property has been, or may hereafter be, divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map. 3. In unsubdivided property, the district boundary lines on the map accompanying and made a part of this ordinance shall be determined by use of the scale appearing on the map. Section 23.2 Effect of Districts A. Effect of Establishment of Zoning Districts No building or land shall be devoted to any use other than a use permitted in the zoning district in which such building or land shall be to. located with the exception of the following: 1. Uses lawfully established as of the effective date of this comprehensive amendment. 2. Conditional uses when allowed by permit in accordance with the zoning district in which such building or land shall be located. 3. Analogous uses as a` prior review and recommendationdetermined by the Planning and Zoning CommissionAdministrator. 4. Accessory uses customarily incidental to the permitted uses. Section 23.3 Table of Permitted Uses The Table of Permitted Uses in this Section sets forth the uses permitted within the base zone districts. A. Uses Permitted by Right A "P" indicates that a use is permitted as a matter-of-right in the respective zone district, subject to compliance with all applicable regulations in this Code. 82 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: ZONING DISTRICTS Section 23.3 Section--23.3 Table of Permitted UsesTabl•e of Permitted see I B. Conditional Special Uses A "C" indicates that a use category or specific use type is allowed only if reviewed and approved in accordance with the procedures and standards of Section 22.4, Use Permits. C. Ancillary Uses An "A" indicates that the use is permitted as ancillary to the primary uses within the district. C,D. Uses Not Allowed A blank cell indicates that a use type is not allowed in the respective zone district, unless it is expressly allowed by other regulations of this Code. T.E Uses Subject to Specific Regulations Numbers in the final column of the Table of Permitted Uses indicate that the listed use is subject to use—specific regulations in one or more districts in which the use is allowed. The numbers in the parentheses provide a cross—reference to the use-specific regulations, which can be found within Section 25.1, unless otherwise indicated. Zoning Code/Oro Valley AZ May 2005 83 r OD W U)-- J to ^'I C] 0 U C]0 S `r Ni .,-- I W ,�- 6 L F-- Q C4 vi Ltg N N N LC) I N N a Z a0cn 0 ti N 0 a F- m a c� 8 To V N 1 .w i d E 0 ' a. c. E CN ate„ 0 V Z 01. a a, a. 4 F-- -a CD Q. 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Gbh w C' -� Q $ 4. 6c Li ;" U Ei: c, -o cJ�.._1E I U -Lc a] cl'-6 3 L w 0 `� c� iii C1- ! *(1) a) cn 1 -cD! < cn I (.) a) 4:Y_ S) 1 I 0 ? . ? -8 >, Cn W F2 O m a) a) LI cn W o i- O U Q cn o W Wc D U v N Q Q N U = .a CD n E L Z a, Z - O O N &) ca CV I-- W F-- M p_ N Q 2 O U '— v 0 U) w cn J Z i-- 0 Z 0 0 U PD N >- Ca CO 0 w i-- F- 5 w a a N N Co O L 0 V 0 U a) O N CHAPTER 23: ZONING DISTRICTS Section 23.4 ern-- - Table of Dimensional eQuirementST bEQ^ imensional Requirements Section 23 .4 Table of D imensional Requirements All primary and accessory structures shall be subject to the intensity and dimensional standards set forth in the following Tables 23-2. These intensity and dimensional standards may be further limited or modified by other applicable Sections of this Code. Additional regulations and rules of measurement are set forth immediately following the table. A "'k" indicates that these additional regulations and rules of measurement are applicable. TABLE 23-2A: DIMENSIONAL REQUIREMENTS(Residential) Minimum Minimum al►ddl Zoning Property Minimum Lot Area Yard Setbacks(feet) Building Distance Regs District Size (square feet) Height Between Bldgs Area Width Front Side Rear (feet) R1-300 - 300,000 300 50 20 50 34 10 23.6.B R1-144 - 144,000 150 50 20 - 50 18 10* 23.6.0 R1-72 - ' 72,000 ' 150 50 35 50 22 10* ' 23.6.D R1-43 - 43,560 150 30 20 40 18 10* 23.6.E R1-36 - 36,000 120 30 15 40 _ 18 10* 23.6.F * R1-20 - 20,000 80 30 15 30 18 ft. or 2 10 23.6.G stories * R1-10 - 10,000 80 25 10 25 25 ft. or 2 10 23.6.H stories * _7 - 7,000 70 20 7.5 20 25 ft. or 2 10 23.6.1 R1 stories 15* St SDH-6 - 6,000 50 20* (1 side) 25* 18* 20* 23.6.J 5 (2nd side) * * * 25 feet or 10* 23.7.A R-4 1 acre - 2 stories • 50 acres25 feet or 10* R-4R prior to street * - * * 2 stories* 23.7.6 dedications . * * 25 feet or 10* 23.7.0 R-S - - 2 stories* 23.7.D 5 acres (residential) 1 acre (business and 25 feet or R-6 professional * - 30 20 2023.7.D 2 stories* offices or other permitted or conditional use) I .... I Zoning Code/Oro Valley AZ May 2005 99 i CHAPTER 23: Gi` TER2-3-ZONING DISTRICTS Section 23.5 S.. tion 23.8-Measurements and E xoeptions e 'met S-ta d.d a d d s-f.ry e o`ioT°�'T'�i��F4ET r.iv.: a str4+..o .. TABLE 23-2B: DIMENSIONAL REQUIREMENTS(Nonresidential) Ni Max. Maximum Min. Floor Addl Zor ing Minimum Yard Setbacks(feet) Building Open Area Regs District Property Size Height Space Ratio Front Side Rear C 05 acres 20* 0-50* 0-50* 25 feet or 2 stories 2-025% .2-520 23.8.A C 5 acres- 20 1 0-50* 0-50* 25 feet or 2 stories 20% .2-530 23.8.B * * 30 feet or 4-020% , 540 23.8.0 C 2 10 acres 20 0-50 0-50 2 stories 4-fest-Gr 4-0-5 acres ' PS&C (� * * * 25%and 24-45 23.8.D schools onl ) feet* w-5 w--3� 2feet T. 3 acres- 3:1* 0-50* 0-50* or 2 2425% .50* 23.8.E T storms* 2-1 stories aA-50* 0-50* 0.50* story a i d .15* 23.8.E POS r Gr 25-45 feet* _ Section 23.5 Measurements and Exceptions A. Lots 1. Measurement a. Lot Area The same as "net lot area". b. Net Lot Area The area included within lot lines after all right-of-way dedications have been made as required by the Town. c. Lot Width The width of the lot is determined as follows: i. If the side property lines are parallel, the shortest distance between these side lines, 100 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23:C- -ER 23: ZONING DISTRICTS Section 23.5 Sen 23.8 Measurements and ExceptionsPropt �; -G -onresidential C- -s-tricts ii. If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the required front or rear building setback line whichever is the lesser. The axis of a lot shall be a line generally perpendicular to the fronting street, which divides the lot into two (2) equal parts. d. Minimum lot width Cul-de-sac lots: minimum lot width shall be measured at the front lot line or the building setback line, whichever width is greater. Street frontage for cul-de-sac lots shall meet the minimum requirements. ii. "Flag" lots: the driveway, or"pole," portion of any flag lot shall be excluded from minimum lot width measurement, using the flag portion of the lot to satisfy minimum lot width requirements. 2. Corner Lots: Special Limitations As an aid to freer, safe movement of vehicles at and near street intersections, and in order to promote more adequate protection for the safety of children, pedestrians, operators of vehicles and for proposed construction hereafter, there shall be limitations of the height of fences, walls, gateways, ornamental structures, hedges, shrubbery and other fixture construction and planting on corner lots in all districts where front yards are required. a. Such barriers to clear unobstructed vision at corners of intersecting streets shall be limited to a height of not over two feet above the established elevation of the nearest street line for a distance of 25 feet along both the front and side lot lines measured from the point of intersection of the said intersecting lot lines. b. Within the isosceles triangle formed as required in subsection a. of this Section, by connecting the ends of the respective 25 foot distances, all the fixtures, construction, hedges, shrubbery and other plantings shall be limited to a height not over two (2) feet above the elevation of the street line level at the said intersecting streets. c. Within the said triangle, and in cases where front yards are terraced, the ground elevation of such front yards shall not exceed two (2) feet above the established street line elevation at the said intersecting streets. Zoning Code/Oro Valley AZ May 2005 101 CHAPTER 23: n ZONING DISTRICTS Section 23.5 t' 2- --Measurements andEp tions ertY - . - 'wee- l-- B. Height 1. Measurement a. Building, Height The vertical distance measured from the grade found along the outside walls of a building to the highest point of the building, excluding any chimney. This definition applies only to a building footprint where the natural cross-slope is less than six (6) percent. b. Building Height(Sloped Area) The maximum vertical distance measured from natural grade to the highest point of the building directly above, excluding any chimney. This definition applies only to a building footprint where the natural cross-slope is six (6) percent or more. c. Building Height Contour Line Located at the building height permitted by Oro Valley zoning above the existing pre-development grade and parallel to the contour of the existing pre-development grade. 2. Exceptions a. Flagpoles and Flags Flagpoles shall have a maximum height no greater than 1.25 times the height of the nearest adjacent building. The length of a flag shall be no greater than 1/4 the height of the flagpole. National and state flags are permissible. Flags used for the purpose of advertising or attracting attention to advertising are regulated in accordance with Sections 28.3.0 and 28.4.B of this Code. Flags shall be located in an area of the lot or parcel where it will not be a safety hazard to adjacent properties. b. Chimneys and Solar Equipment Chimneys and solar equipment for heating or cooling are exempt from the height limitations of this Code. c. Architectural Elements Within the nonresidential districts, architectural elements such as bell towers may exceed this limitation as specified within the district standards Section 23.8. 102 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: CHAPTER 23: ZONING DISTRICTS Section 23.5 Measurements and Exoe tionsPreporty- -., eflt C. Setbacks 1. Measurement a. The shortest straight line distance in feet from the nearest property or lot boundary to a main or accessory building, structure, sign or the like located on the same property or lot, except as exempted by subsection C.2 below. b. For multiple frontage lots, a 20 foot setback must be maintained adjacent to any public or private street. The Town Engineer and Planning and Zoning Administrator may reduce this requirement for side setbacks, but in no case may the setback be less than that required by the zoning district. c. For "flag" lots, the driveway, or "pole," portion of the lot shall not be used to satisfy front setback requirements. The front setback shall be measured within the area of the "flag" portion of the lot closest to any public or private street. d. The front setback of a commercial corner lot is measured from the property line along the major street as determined by the Town Engineer. e. For irregular, triangular or gore lots the rear setback is measured from the rear lot line, which as defined herein, is a line entirely within the lot at least ten (10) feet long and parallel and most distant from the front lot line. 2. Exceptions a. Projections Into Required Yards of Residential Buildings Yards, established by required setbacks, shall be open and unobstructed from the ground to the sky except for the following: Sills, belt courses, and ornamental features may project up to two (2) feet into the required yard. ii. Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the adjacent natural ground level may project into the required yard provided their projections be least five (5) feet ♦ vii projections iv at �+ five feet from the adjacent side lot line. Zoning Code/Oro Valley AZ May 2005 103 CHAPTER 23: cu ,PTER 23: ZONING DISTRICTS Section 23.5 Se -2- -Measurements and ExceptiansP-r- _mo e h iii. Balconies and stairs may project four (4) feet into the required yard, but not nearer than five (5) feet to an adjacent side property line. iv. Covered porches may project into the required yard provided they are not nearer than ten (10) feet to the rear property line or may project three (3) feet into the required side yard. v. Cornices, eaves, canopies, and awnings projecting over windows may extend into the required side yard up to five (5) feet. vi. Chimneys may project two (2) feet into the required yard. vii. Mechanical equipment such as air conditioners may be constructed in the required side and rear yards of residential buildings provided they meet the followinq conditions: a) They are screened by a minimum four (4) foot masonry wall and are not visible from adjacent properties. Mechanical equipment which is located within a yard walled by at least a four (4) foot masonry wall and placed no further than ten (10) feet from the wall, or greater than 40 feet from the property line, will not require its own screening wall. b) A minimum three (3) foot access way shall exist on at least one side of the building to allow for access to the rear yard for maintenance and emergency purposes. For the purposes of evaluation and enforcement, mechanical equipment is assumed to be four (4) feet wide without a screening wall, and five (5) feet with a screening wall. D. Floor Area Ratio This is the maximum ratio of gross building floor area to the net lot area of the building site. E. Open Space This is the minimum percentage of open space relative to the net lot area. 104 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23:CHAPTER 23: ZONING DISTRICTS Section 23.6 io -23.8 Pro•ert• Develo hent Standards for Sin+le-Famii Residential DistriotsProsperty—D-e tent Standards for-44, ts Section 23. 6 Property• Development Standards for Single-Family Residential Districts A. Common Regulations of R-1 Districts The following property development standards shall apply to all land and buildings in single-family residential districts. Specific lot sizes, setbacks, and criteria which vary among individual single-family residential districts are identified in Sections 23.6.A through 23.6.H. 1. Building Height Any structure of two stories or more shall require Development Review Board approval in accordance with Section 22.5. 2. Multiple Dwelling Units Within the R1-144, R1-72, R1-43, and R1-36 districts, more than one (1) single-family dwelling may be erected upon any one (1) lot. The following provisions shall apply: a. An unobstructed access way for ingress/egress shall be provided for each dwelling. If such access way is intended to serve one (1) dwelling, the way shall be a minimum of 15 feet wide. ii. If such access way is intended to serve two (2) or more dwellings, the way shall be a minimum of 20 feet wide. b. Each dwelling shall be situated so that if the property were to be divided, each resulting lot with a dwelling would conform to the provisions of this Section. 3. Detached Accessory Buildings Except as noted within the development standards for each district and within Section 25.2.A, the following provisions apply, a. Permitted coverage: Ten (10) percent of the total area of rear and side yard. b. Accessory buildings shall not exceed the height of the main building nor be any closer to the front lot line than the main building. Zoning Code/Oro Valley AZ May 2005 105 CHAPTER 23:CHPIER 2 ZONINGDISTRICTS Section 23.6 Sectio-R-2-34-Property Development Standards for Single-Fa iilli Residential D i Cv'i r G c ts P-r- � —pp..�.,yYy/a�t;v�/'��-�e1p���+J py�y�y�R'�•��,i T�n"9�••4"'1��"A6o���C'r P`®,_�"t�LBL�.� ��S".°_�► .1''V Y�r f {ws\t B`�/,'��r t 0 C V 6 i. 4. Walls and Fences Setback requirements shall not apply to walls or fences less than four (4) feet, six (6) inches in height when located in front yards, or less than six (6) feet when located in side and rear yards (see Section 23.5.A.2. for special requirements regarding corner lots). 5. Swimming Pools Swimming pools shall be screened from adjacent properties by a protective fence or permanent structure not less than six (6) feet in height, except that such height may be reduced to not less than four(4) feet in accordance with Section 25.1.BB.2.b. 6. Access All lots shall have vehicular access to a dedicated street unless a secondary means of permanent vehicular access has been approved. B. R1-300 Single-Family District TheP rovisions of Section 23.6.A shall apply. The following additional requirements shall apply in this district. 1. General Aviation Airstrip requirements: a. Minimum site: 25 acres. b. Minimum runway length: 1500 feet. 2. Setback of Airport Facilities: 10 feet from all property lines 3. Aircraft Hanger a. If located with aircraft (taxiway) access to an airport, each lot may have one accessory building suitable for the storage of aircraft. b. Maximum height: 34 feet c. Setbacks: 20 feet from property line or edge of street, whichever is most restrictive. d. Minimum distance between buildings: 10 feet 4, Other Detached Accessory Buildings a. Permitted coverage: 10% of the total area of rear and side yard. 106 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: r' . ,`' ': ZONING DISTRICTS Section 23.6 Se -' -Property Development Standards for Single-Family Residential Districts- --Dev-e-i-e-pm-e-n-t-Standa-rdsfo de -t istg i^ts b. Minimum distance between buildings: 10 feet c. Accessory buildings shall not exceed the height of the main building. d. Setbacks: 50 feet front ii. 10 feet side and rear 5. Buildings, Corrals or Other Livestock Structures must be placed 100 feet from all property lines. This setback may be reduced to 50 feet if a solid wall a minimum of 6 feet high is provided to restrict view and sound. C. R1-144 Single-Family District The provisions of Section 23.6.A shall apply. The following additional requirements shall apply in this district. 1. Detached Accessory Buildings Setbacks 20 feet from side and 40 feet from rear if building is not used for poultry or animals; 100 feet if building is used for poultry or animals, except that it may be reduced to 50 feet if a solid wall a minimum of six (6) feet high is provided to restrict view and sound. D. R1-72 Single-Family Residential District The provisions of Sections 23.4 and 23.6.A shall apply. The following additional requirements shall apply in this district. 1. Detached Accessory Buildings Setbacks Side and rear: 35 feet. 2. Grading Limits 20,000 square feet. E. R1-43 Single-Family Residential District The provisions of Sections 23.4 and 23.6.A shall apply. The following additional requirements shall apply in this district. 1. Detached Accessory Buildings Setbacks Side and rear: 15 feet. Zoning Code/Oro Valley AZ May 2005 107 CHAPTER 23:CHAPTER 23: ZONING DISTRICTS Section 23.6 Section 24-Property Development Standards for Single-Family Residential Districts'. e ,-. . .. R s 4 e-s-i .,r4 '. --D:e-Fi F. R1-36 Single-Family Residential District The provisions of Sections 23.4 and 23.6.A.3 shall apply. G. R1-20 Single-Family Residential District The provisions of Sections 23.4 and 23.6.A shall apply. H. R1-10 Single-Family Residential District The provisions of Section 23.4 and 23.6.A.3 shall apply. The following additional requirements shall apply in this district. 1. Detached accessory buildings Permitted coverage: 15 percent of total area of rear and side yard. R1-7 Single-Family Residential District The provisions of Section 23.4 and 23.6.A shall apply. The following additional requirements shall apply in this district. 1. Detached accessory buildings Permitted coverage: 15 percent of total area of rear and side yard. J. SDH-6 Site Delivered Housing District The provisions of Section 23.4 shall apply. The following additional requirements shall apply in this district. 1. Distance Between Dwellings A minimum of 20 feet shall be provided between all dwellings, including carport, patio, or porch overhangs. 2. Detached Accessory Buildings a. Permitted coverage: 15 percent of the total area of rear and side yard. b. Minimum distance to side and rear lot lines: five (5) feet 3. Design Standards Dwellings within this district shall comply with the following design standards for the purposes of providing adequate light and air, improving safety, and affording compatible community design. 108 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23:CHAPTER 23: ZONING DISTRICTS Section 23.6 Sec-44o " Property Development Standards for Sinale-Famii Residential Districts Pepe -e- r s ro ! i Y I���:9 •M� 4 •V Y a. All dwellings shall have a minimum width of 16 feet and shall contain at least 640 square feet. b. All dwellings shall be attached to a permanent foundation. c. The roof shall have a minimum 2:12 roof pitch and shall have a surface of asphalt composition, concrete or clay tile, fiberglass or metal tiles, slate, or other materials of like appearance and color as approved by the Building Official, the Planning and Zoning Administrator, and the Development Review Board. d. Exterior siding materials shall consist of wood, masonry, concrete, stucco, masonite, or other materials of like appearance as approved by the Building Official, Planning and Zoning Administrator, and the Development Review Board. e. All dwellings shall be constructed in accordance to standards established by the State, as amended from time to time, or the National Manufactured Housing Construction and Safety Standards Act for manufactured homes. Each of these codes shall be applicable to the specific structure as defined therein. f. As appropriate, skirting of a compatible material and color to the dwelling shall be installed to screen any area between the floor of the dwelling and the permanent foundation. g. Utility lines shall be buried, and utility related equipment, including air-cooling devices, shall be screened from view as observed from public or private thoroughfares. h. All towing devices, wheels, axles, and hitches must be removed. 4. Exceptions Any site delivered housing subdivision completed prior to the adoption of this ordinance, whether approved by Oro Valley or Pima County, retains the right to replace dwellings and accessory structures on existing lots, regardless of lot size. Replacement dwellings and accessory structures shall comply with the requirements of Sections 23.1.B and 23.6.1. with the following exceptions: a. Replacement dwellings may be of a material and color similar to that of the home being replaced; Zoning Code/Oro Valley AZ May 2005 109 CHAPTER 23: CHAPTER 23: ZONING DISTRICTS Section 23.6 ion 23.8 Property Development Standards for Single-Famil\ Residential DistrictsPrc_pe �. nt � b. Replacement dwellings shall be a similar building height to the existing home and shall not exceed 18 feet or one (1) story; c. The method of anchoring the replacement dwelling to the ground may be similar to that of the dwelling to be replaced; d. The replacement dwelling shall, at a minimum comply with the following setbacks: Front: Ten (10) feet ii. Side: Five (5) feet on the right side and 15 feet on the left side, as viewed from the front of the lot. iii. Rear: Five (5)feet iv. A minimum spacing cf 20 feet shall be maintained between all dwellings. v. Replacement dwellings on corner lots shall not be located any closer to a public or private street than the home being replaced. vi. New accessory structures shall comply with the setbacks required in a, b, and c, above. e. As applicable, replacement dwellings shall provide skirting. Acceptable skirting materials include aluminum, wood, and masonry. f. Detached accessory structures not in conformance with this code may be replaced and expanded so long as the replacement or expansion does not increase the degree of non-conformance with this code. g. Replacement dwellings may utilize roof-mounted air- cooling devices. 5. Architectural Review All dwellings, except those provided for in Section 23.6.1.5, shall be required to obtain architectural approval from the Development Review Board in accordance with the procedures outlined in Section 22.5. 110 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: -' " . ' ZONING DISTRICTS Section 23.7 cct ;n--23 Property Develo went Standards for Multi-Family Residential Districts-- - i--Dev-e-�p e-n-t ` n-d s for4lonresidential D o Section 23. 7 Property Development Standards for MResidential Districts A. R-4 Townhouse Residential District Thep rovisions of Section 23.4 and the following additional requirements shall apply in this district. 1. Density The minimum9 ross land area per dwelling unit shall be 5,450 square feet. 2. Open Space Requirements a. A minimum of ten (10) percent of the total gross land area of the development shall be set aside for recreation uses or other common landscaped areas unless the overall density of the development is less than five (5) units per acre. The Town Council may waive this requirement because of the relationship of the development to an existing public park or recreation area. b. All accessory buildings for recreational purposes shall not occupy more than 14 percent of the total area reserved for recreation uses and other common landscaped areas. 3. Setbacks a. Wherever an R-4 development abuts an R-1 District or an alley abutting R-1 Districts, the following shall apply: A setback of not less than 30 feet shall be maintained for single-story structures. ii. An additional depth of ten (10) feet shall be provided for each additional story. b. Wherever an R-4 development abuts any district other than R-1, or abuts an alley adjacent to such other district, a setback not less than ten (10) feet in depth shall be maintained. Cc. g Larger setbacks may be required by the Development Review Board or Town Council if the existing or future development of the area around the site warrants such larger setbacks. Code/Oro Valle AZ May 2005 111 Zoning Co Y CHAPTER R 23: .. Teo ZONING DISTRICTS Section 23.7 S 2-3 -Property Development Standards for Multi-Family. Residential Districts-Pjo Rv4+ e ; h a al d. No building or part thereof shall be erected or altered in this district that is nearer a dedicated street or private street than 20 feet, except that the average setback from any dedicated street shall be at least 25 feet. e. No more than 30 percent of the frontage dwelling units shall have living space above one (1) story in height that is located within 50 feet of any dedicated street or as approved by the Development Review Board. B. R-4R Resort District Thep rovisions of Section 23.4 and the following additional requirements shall apply in this district. 1. Density a. The minimum gross land area per guest room shall be 4,250 square feet. b. The minimum gross land area per dwelling unit shall be 15,000 square feet. c. The total acreage required by a and b above shall not exceed the gross acreage of the property. 2. Open Space Requirements Buildings may cover an aggregate area of 25 percent, excluding parking areas. 3. Site Perimeter Setbacks and Yards a. From perimeter streets: 100 feet b. From the property line of any R-1 district : 100 feet c. From the property line of any district other than R-1: 50 feet d. Exceptions: The above setbacks do not apply to buildings which meet the following: a) Used only for guest rooms that are detached from central hotel facilities or for dwelling units. b) A maximum of one (1) story in height. 112 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: CH- \PTER 23: ZONING DISTRICTS Section 23.7c .5 Prope Development Standards for Multi-Family. Residential DistrictsProp p€ e. All buildings shall meet the following minimum setbacks: 30 feet adjacent to all perimeter property lines, including property lines abutting perimeter streets, except that the minimum setback shall be only 20 feet adjacent to those perimeter property lines that abut districts other than R- 1. f. The yards adjacent to perimeter streets shall be maintained as open space except for pedestrian and vehicular access ways and buildings as allowed in the exceptions. g. Walls, Fences, and Screening Walls, fences and walled driveway entrances shall not exceed three (3) feet in height in the required 100 foot yard along street frontages and in the ten (10) feet adjacent to the street where a 30 foot setback is allowed along street frontages. Those yards must be maintained as landscaped open space and may be penetrated by pedestrian and vehicular access ways only. Walled driveway entrances not to exceed six (6) feet in height shall be permitted within the setback requirements if such entrance is compatible with the surrounding development. ii. Tennis courts shall have a fence a maximum height of 12 feet and shall have natural vegetated buffer or landscape screen a minimum of ten (10) feet wide provided and maintained on any abutting lot line. D. R-S Residential Service District The provisions of Section 23.4 and the following additional requirements shall apply in this district. 1. Standards for Townhomes Whenever dwelling units are to be built as townhouses, the development standards in Section 23.7.A.4, shall apply. 2. Density The minimum gross land area per dwelling unit shall be 5,450 square feet. 3. Open Space Requirements a. There shall be a minimum of 36 percent of the net lot area in open space. Zoning Code/Oro Valley AZ May 2005 113 CHAPTER 23:CHAPTER 23: ZONING DISTRICTS Section 23.7 Property Development Standards for Multi-Family Residential DistrictsRroj . , • . P--t i . ds fore-n-Fee : : i- e r4Gts- b. Open space shall be provided in the following proportions: A minimum of 12 percent of the net lot area shall be provided as frontage open space to provide a setting for the building, visual continuity within the community and a variety of spaces in the streetscape, except that the frontage open space shall not be required to exceed 50 square feet per one (1) foot on public street frontage excluding drives. EXCEPTION: Where a lot has two (2) or more street frontages, there shall be no less than 20 square feet of open space per one (1) foot of street frontage for one (1) street and no less than ten (10) square feet of open space per one (1) foot of street frontage excluding drives for other street(s). In no case shall a building be closer than 20 feet to the front lot line. ii. A private outdoor living space shall be provided adjoining each dwelling unit equal to a minimum of 20 percent of the gross size of the dwelling unit, except that dwelling units above the first story shall provide space equal to a minimum of ten (10) percent of the gross size of the dwelling unit. Outdoor living space on the ground level may be included in the open space requirements. . iii. The remainder of the required open space shall be provided in common open space. 4. Building Height a. If the R-S development abuts a single-family residential district or an alley abutting a single-family residential district, the Town Council may limit the building height to one (1) story as determined by the Development Review Board. 5. Yards and Setbacks a. Wherever an R-S development abuts an R-1 or R-4 District, or an alley abutting any of those districts, a setback of not less than 40 feet shall be maintained, except that covered parking may be constructed to within 30 feet of the adjacent district boundary line. b. Wherever an R-S development abuts any district other than R-1 or R-4 or abuts an alley adjacent to such other district, a setback of not less than 20 feet shall be 114 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: ' ZONING DISTRICTS Section 23.7 Section 23.8 Pro erty Development Standards for Multi-Family Residential Distriots-'--r eg° off. t-S nlaFds for--- nreside-Rtia istri< maintained except that covered parking may be constructed to within ten (10) feet of the adjacent district boundary line. c. Larger setbacks may be required if the existing or future development of the area around the site warrants such larger setbacks. d. All areas between a building and a street frontage, except for access drives and walks shall be open space. Where parking occurs between a building and street, an area 35 feet in depth between the street and parking shall be maintained in a landscaped setting. This depth may be decreased to a minimum of 20 feet if special circumstances warrant approval by use permit or Development Review Board approval, such circumstances being: Depressed parking. ii. Wall and berming. e. Walls and Fences Walls and fences within the required frontage open space may not exceed three (3) feet in height or except as otherwise approved by the Development Review Board. D. R-6 Multi-Family Residential District The provisions of Section 23.4 and the following additional requirements shall apply in this district. 1. Density The minimum gross land area per dwelling unit shall be 3,500 square feet, EXCEPT that: The minimum gross land area per dwelling unit may be increased if it is determined by the Development Review Board or the Town Council that conditions peculiar to the site preclude such density. 2. Open Space Requirements Development of all R-6 zoned property shall provide a minimum of 35 percent of the net lot area as open space in the following proportions: a. Each lot shall contain a minimum of 250 square feet of usable outdoor living space for each dwelling unit, exclusive of front yards. Zoning Code/Oro Valley AZ May 2005 115 CHAPTER 23: CHAP-L1-- ZONING DISTRICTS Section 23.7 se-et-L-941-2-M-Property Development Standards for Multi-Family Residential Districts 4-a s for N -E, ai--Distr°Cts b. Not less than 50 percent of said required space shall be provided in a single common area, with a minimum dimension of 20 feet at any point. Portions of yards (excluding the front yards) which are contiguous with and an integral part of the outdoor living space may be included in calculating the area and minimum dimensions of such space. ii. Pools and paved recreation areas may be developed in the required common space. c. A private outdoor living space shall be provided adjoining each dwelling unit equal to a minimum of 20 percent of the gross size of the dwelling unit, except that dwelling units above the first story shall provide such space equal to a minimum of ten (10) percent of the gross size of the dwelling unit. Outdoor living space on around level may be included in the open space requirement. d. Outdoor living areas shall be reasonably accessible to dwelling units served. e. Driveways and landscaping within driveway areas shall not be included in calculations of outdoor space. f. The remainder of the required open space shall be provided in landscaped or natural open space. 3. Building Height a. If the R-6 development abuts an R1-144, R1-43, R1-36, or R1-20 single-family residential district the building height shall be limited to single story with a maximum exterior height of 18 feet within 100 feet of these districts. b. If the R-6 development abuts an R1-10, R1-7, R-4, R-S, R-4R, or another R-6 residential district, building height may be limited to single story, with a maximum exterior building height of 18 feet, within 50 feet, if deemed appropriate by the Development Review Board or Town Council. 4. Minimum Distance Between Buildings a. Between two (2) single story structures: Ten (10) feet b. Between a single story and a two (2) story structure: 15 feet 116 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23:CWzPTER 23: ZONING DISTRICTS Section 23.7 Propert. Development Standards for Multi-Family Residential DistrictsP' ler- :i-da-sem: -•`- ''.. " .: c. Between two (2), two (2) story structures: 20 feet 5. Walls, Fences and Required Screening a. Walls and fences within the required front setback are limited to three (3) feet, unless otherwise approved by the Development Review Board. b. All areas between a building and a street frontage except for access drives and walks shall be open space. Where parking occurs between a building and the street, an area 35 feet in depth between the street and parking shall be maintained in a landscaped setting. This depth may be decreased to a minimum of 20 feet if special circumstances warrant approval by use permit or Development Review Board approval, such circumstances being: Depressed parking ii. Wall and berming 6. Recreational Facilities a. Wherever there is constructed on a lot, or contiguous lots, multiple dwellings which have 50 or more dwelling units, an active outdoor recreational facility shall be provided for the occupants of said units. In addition to the active outdoor recreation area, an indoor recreational facility shall also be provided for the occupants of said dwelling units. The recreational facility may be used as the leasing, sales, manager's office, but that use may not exceed 30 percent of the gross floor area. The balance of the facilities shall include group meeting facilities and facilities for exercise, table sports, and games. b. Wherever there is constructed, a multiple dwelling which has 20 or more dwelling units, there shall be provided on the lot site of said multiple dwellings, a play are for children. Said play area shall be separated from any private access ways and public streets by a fence or wall. The tot lot requirement may be excluded from a senior citizens development. Zoning Code/Oro Valley AZ May 2005 117 CHAPTER 23: _3: ZONING DISTRICTS Section 23.8 SQst -23 Property Development Standards for Nonresidential DiistrictsProperty Deveicpmer, 4 -n -s-id-e-n-tial---Di-stri s • Section Property8. �23Develo ment Standards for Nonresidential Districts A. C-N Neighborhood Commercial District 1. Floor Area Limits a. Uses shall be no greater than 5,000 square feet of gross floor area per individual business, except that drug stores, grocery stores and hardware stores shall be no greater than 9,000 square feet. b. Expansions of uses up to 9,000 square feet of gross floor area per individual business may be allowed with a Conditional Use Permit. 4--2. Building Height if a contiguous residential district has a more restrictive height standard, the building height shall conform to that more restrictive standard. Architectural elements such as bell towers may exceed this limitation by no more than ten (10') feet, subject to approval by the Development Review Board. 3. Courtyards and Pedestrian Malls a. A portion of the development shall be oriented towards a landscaped courtyard or mall with buildings enclosing the courtyard and opening onto the courtyard from at least two sides. b. The courtyard or mall should contain all or a portion of the required public art. c. The courtyard or mall shall be a minimum of two (2%) percent of the net lot area of the site in square feet, which shall be considered to be part of the required open space. d. The courtyard/mall requirement may be waived by Town Council based on a suitable alternative design solution being presented to the Development Review Board and Town Council. 118 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23:C-1--14Fz��-2-3-;-ZONING DISTRICTS Section 23.8 Seetien-2.3.8 Property Development Stndards for Nonresidential ie��ut Diath = 2-4. Yards and Setbacks a. Front Where adjacent to a residential district, the front setback regulations of the residential district shall apply. ^ - '. w- - w' o'^w -^w - ~ --o w w ' - . ^- w~ open space. parking occurs between a building and the street, an area 35 feet in-depth between the street and the parking shall be maintained in a landscaped setting. The depth may be decreased to a minimum of 20 feet with Development Review Board approval, using one of the following design elements: a)Depressed parking b)Wa1l and berm. b. Side and Rear Setbacks 50 feet and 3:1 (setback to building height) | where the lot abuts a single-family residential district or abuts an alley that is adjacent to a single-family residential district. ii. 25 feet where the lot abuts a multi-family residential district. � -5 Retail Sales Hours of Operation a. Service and delivery operations are allowed only between 6:00 a.m. to 0:00 p.m., Monday through Saturday and 7:00 a.m. to 7:00 p.m. on Sundays.The hours of operation for retoA sales in the C-N [4atrict are restricted to 6:00 am to 10:00 pm. b. Hours of operation may be extended with a Conditional Use Permit. c. The property at the southwest corner of Lambed Lane and La Canada Drive is covered by a prior development agreement and is exempt from the hours of operation requirement. Zoning Code/Oro Valley AZ May 2005 119 CHAPTER 23: CHAPTER 2a ZONING DISTRICTS Section 23.8 Section 2-' .`-Pro•ertv Development Standards for Nonresidential Dist-ictsPi e-rty- e a-ds for-NGRr-&-i enEEai Districts B. C-1 Commercial District 1. Floor Area Limits a. Uses shall be no greater than 60,000 square feet of gross floor area per individual business. b. Expansions of uses beyond 60,000 square feet of gross floor area per individual business may be allowed with a Conditional Use Permit. 2. Building Height Architectural elements such as bell towers may exceed this limitation by no more than ten (10') feet, subject to approval by the Development Review Board. 3. Courtyards and Pedestrian Malls C-N standards apply 1.4. Yards and Setbacks C-N standards apply a Front Yard open space. Where parking occurs between a ) between the street and parking shall be maintained in a landscaped setting. This depth may be decreased to a minimum of 20 feet with Development Review Board approval, using one aDepressed parking 1&) l-a-nd b.Side and Rear Setbacks single-family residential district. 120 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23:CHAPTER 23: ZONING DISTRICTS Section 23.8 Pronert° Development Standards for Nonresidential Dictriots� y- 1... ., et Stan `s--nor C. C-2 Commercial District 1. Building Height Architectural elements such as bell towers may exceed this limitation by no more than ten (10') feet, subject to approval by the Development Review Board. 2. Courtyards and Pedestrian Malls C-N standards apply I .. .^.. .. ,,--• • a a building and a main bu-ilding or 15 feet between 2 main buildings. 2,-3. Yards and Setbacks standards apply a.Front Yards a • a • It•a a s a■ for access drives and wafks, shall be open space. Where parking occurs -between a building and the street, an area 35 feet in depth may be decried to-a minimum of 20 feet by Development Review Board approval. a)Depressed parking )Wall and berm district. D. PS&C Private Schools and Churches 1. Residence Zoning Code/Oro Valley AZ May 2005 121 CHAPTER 23: CHAPTER 23: ZONING DISTRICTS Section 23.3 Sestion 23.5 D-o er v Development Standards for Nonresidential Distfi ictsPro e ` ""'•♦ � V 1. � -R-CEa rd One single-family residence will be permitted for each church facility for the purpose of providing housing for a Minister, Pastor, Priest, Rabbi or Caretaker and his/her family. 2. Building Height No building shall exceed 1 story and the exterior height shall not exceed 24 feet. The following increased building heights are subject to DRB approval. a. Architectural elements, such as bell towers, and religious symbols may exceed this limitation by no more than ten (10) feet, The number of steeples, spires, towers or campaniles or similar structures is limited to one unless otherwise approved by the Development Review Board. b. Auditoriums up to 45 feet c. Sanctuaries up to 36 feet d. Gymnasiums up to 36 feet •e e../- a•-\/ = ••+ ^e. . s , h _ .• •.1• • Religious symbols placed atop such structures are not included in the calculation of building height, but are limited toe maximum height of 5 feet. 3. Yards and Setbacks a. Church, Private School and College Facilities 50 feet from any abutting residential district, R1- 36, R1-43, R1-144, R-4, R-S or R-6. ii. 20 feet from any abutting commercial district, T- P, C-1, C-2, C-N or other PS&C properties. b. Residence If the PS&C parcel is abutted by an R-1 District, the setback requirements of that abutting district shall apply to the PS&C residence. If the property abuts other than an R-1 District, the setbacks outlined in Section (R1-144 District) shall apply. 122 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: R 23-ZONING DISTRICTS Section 23.8 Son 2mProperty Development Standards for Nonresidential DistriotsP-Paperty De v ar4s -mac--R ^gid }- -D-Es ots •••••"-•• _ O •- -- lot area shall be provided as frontage open space. ?.All areas between a building and a street frontage, except for access drives and walks, shall be open space. Where parking occurs between a bu-i-l-d-i-n-g and the street, an - between t - -- -- •• • •- •a .• .•-• • •• •-• - .me. • e • may be decreased to a of 20 feet by eem•_ •- e -ee •e ••- e •- i.Depressed parking. ii lAI-I{ �rr) horm e-c. All recreational facilities and related apparatus shall be a minimum of 100 50 feet from all property lines. When adjacent to preserved open space or a recreational use, Town Council may reduce the setback to ten (10') feet. E. T-P Technological Park District 1. Retail Sales Uses Retail sales are allowed as an ancillary use directly related and contained within the structure of the primary use. 2. Floor Area Limits a. Ancillary uses shall be no greater than 5,000 square feet of gross floor area per individual business, except that expansions may be allowed with a Conditional Use Permit. b. The gross floor area of ancillary uses, not contained within a primary use facility, is limited to no more than twenty percent(20%) developed gross floor area. c. The gross floor area of any one structure shall not exceed 15,000 square feet on lots less than ten (10) gross acres, except that expansions may be allowed with a Conditional Use Permit. i_. A - -- .. - - - iv - . b.The gross floor area of any one structure shall not exceed 15,000 square feet except that, on lots that exceed 1-0 Zoning Code/Oro Valley AZ May 2005 123 CHAPTER 23: g4=1-AP T E 23: ZONING DISTRICTS Section 23.8 Section, 23.8 Property De �eiop ent Standards for Nonresidential Districts Pr:pert-. _ fir e e a- - e a-- s . .•a. •a a- - s . •�. 3. Courtyards and Pedestrian Malls a. ' A portion of the development shall be oriented towards a landscaped courtyard or mall with seating areas and all or a portion of the required public art. b. The courtyard or mall shall be a minimum of two percent (2%) of the net lot area of the site in square feet, which shall be considered to be part of the required open space. c. The courtyard/mall requirement may be waived by Town Council based on a suitable alternative design solution being presented to the Development Review Board and Town Council. 2 B tilling Height 3.4. Yards and Setbacks a. Front Yard: A ratio of 3:1 shall be used. For buildings less than a height of twenty-five (25') feet, a ratio of 2:1 will be permitted. i.A minimum of 12% of the net lot area shall be incorporated as frontage open space to provide streetscape, except that the frontage open space shall not be required to exceed 50 square feet per 1 foot of public street frontage. In ne case shall a building be closer than 35 feet to the front lot line. A - •- _ a • . ..a. as -- es a- except for access drives, parking and walks, shall be landscaped unless special circumstanceswarrant approval otherwise by approval. b. Side and Rear Setbacks 50 feet or a 3:1 (setback to building height) whichever is greater, where the lot abuts a residential district or abuts an alley that is adjacent to a residential district. 124 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: CHAPTER�3: ZONING DISTRICTS Section 23.9 Section 22.8 property Development Standards for Planned for Ns - mal Districts F. Parks and Open Space District 1. Open Space Requirements The aggregate area of the building(s) shall not occupy more than 15% of the lot, excluding parking areas. 2. Building Height No building shall exceed 1 story and the exterior height shall not exceed 25 feet. The following increased building heights are subject to DRB approval. a. Gymnasiums may be permitted up to 36 feet in height. b. Community center auditoriums ray be permitt d—up to 45 feet in height. 3. Setbacks All recreational facilities (excluding trails, par courses, bikeways and similar amenities) and related apparatus shall be a minimum of 50 feet from all property lines. When adjacent to preserved open space, the Town Council may reduce the setback to ten (10') feet. Section 23.9 Property Development Standardsfor Planned Districts A. PRD Planned Residential Developments B. PAD Regulations 1. General Provisions The following standards and requirements apply to all PAD Districts: a. Minimum district size: 20 acres b. Minimum open space requirement: 20% of gross acreage of the PAD district. c. Underlying zoning districts established: All PAD development plans shall include underlying zoning designations. The underlying or base zoning districts are to be derived from existing Oro Valley zones and reflect the most logical designation in consideration of the Zoning Code/Oro Valley AZ May 2005 125 CHAPTER 23: CHAPTER 23: ZONING DISTRICTS Section 23.9 Sin 23.& PropertyDevelopment Standards for Planned Dist•iotsP- -.e yr • proposed land use for a particular parcel, tract, block or planning unit. The development standards of the underlying zoning districts will prevail where the PAD does not specifically modify said standards. ii. Underlying zoning districts shall be assessed by Town staff in determining adequacy for proposed land uses. d. Modifications to the development standards of the underlying district may be permitted if they are found to offer a desirable improvement over the conditions produced by conventional zoning standards. The following standards may be modified: 126 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: CHAP-TER 23: ZONING DISTRICTS Section 23.9 Se .-2-3-:-3-Property Development Standards for Planned Permitted and conditional uses, ii. Area/volume ratios, iii. Density, iv. Building height, v. Distance between buildings, vi. Landscaping, vii. Yards and setbacks, viii: Walls, fences and required screening, ix. Access. e. A tabular summary comparing all requested modifications to the normal underlying district standards shall be included in the PAD text. The summary will include rationale supporting the requested modifications. f. The applicant is required to meet with interested residents of adjacent neighborhoods prior to the Town scheduling the proposal for Planning and Zoning Commission public hearing. The purpose of preliminary neighborhood review shall be to provide direct information to area residents and land owners, resolve potential conflicts, assist in expediting town review and provide for the preservation of the welfare of community residents. The applicant shall notify all residents' participation groups and neighborhood associations on record with the Town and located within one mile of the PAD boundary, the Oro Valley Planning and Zoning Department and all property owners within 600 feet of the rezoning. Notice of the application and meeting shall be by mail. A" representative from the Planning and Zoning Department shall be invited to the neighborhood meeting. Notice of the neighborhood/applicant meeting shall be mailed no less than 15 days prior to the meeting date. Documentation of the attendees and minutes of the meetings shall be provided by the applicant to Town staff and the Commission. Zoning Code/Oro Valley AZ May 2005 127 CHAPTER 25: USE REGULATIONS RequirementsSect�on 25. 1 for Specific Uses This section applies to all non-residential uses, excluding parks. The requirements specified herein are in addition to those specified in the corresponding zoning district. A. General Requirements for All Non-Residential Uses 1. Fire Access: At least two driveways should be provided for circulation and emergency vehicle access, subject to Fire Marshal review. 2. Architecture; Subject to Development Review Board Approval: a. Accessory structures (structures other than the primary building(s) such as screen walls, gas station canopies, carports, signage structures) shall be coordinated with the primary building(s) in terms of materials, colors and style. b. Exterior finishes of a building shall not exceed a reflectivity of 60%. 3. Noise a. Noise from internal loudspeakers, paging systems, live entertainment or stereo speakers shall not exceed 40 decibels at the property line of any adjacent residential district. b. No external speakers, except for drive through order purposes, piped-in ambiance music that is not discernable (less than 40 decibles1 from onsite property lines, special events and/or approved outdoor entertainment venues, shall be permitted on the premises. 4. Outdoor Storage and Activities a. All operations and storage shall be conducted within a completely enclosed building or within an opaque barrier designed to match the main building on the site. Items stored, excluding live vegetation, may not be visible from private or public streets or adjacent residential areas. b. Outdoor storage containers are not permitted. Zoning Code/Oro Valley AZ May 2005 235 CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.1 Se tfGI 4-8-Requirements for Specific UseG '- " c. Outdoor display of goods, outdoor sales or temporary outdoor storage is not permitted, except by Special Use Permit. d. With the exception of newspaper dispensing machines, outside displays of merchandise, or other dispensing machines are prohibited. e. Outdoor eating areas for restaurants using disposable dinnerware, wrappings or napkins shall be enclosed with a minimum 3 foot barrier in order to prevent the blowing and scattering of litter. Such areas shall be maintained in a litter free condition. 5. Pedestrian Circulation a. An on-site pedestrian circulation system must be provided. b. Connections: Where possible, interconnect all buildings, parking areas, bicycle parking, recreational areas common outdoor areas and amenities. ii. Connect to trail networks, paths and public amenities and adjacent land uses. iii. Provide improvements in accordance with the Town Bike and Pedestrian Plan. c. Materials The circulation system must be hard surfaced and be a minimum of five (5') feet wide. ii. Where the system crosses driveways, parking areas and loading areas, the system must be made clearly identifiable by incorporating the following mechanisms: use of traffic calming methods, a different paving material, or other similar method. Striping does not meet this requirement. Elevation changes and speed tables must be at least four(4") inches high. iii. Where the system is parallel and adjacent to an auto lane, it must be separated from the auto travel way by a raised path, curb, bollards, landscaping or other htysiL al barrier. If a raised path is used, it must be at least four (4") inches high and the ends of the raised portion must be 236 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: __ USE REGULATIONS Section 25.1 Sec a-2 :8--Requirements for Specific UsesProperty Develop -e- S..ndr- foc- -o- - :_.. . N. A� equipped with curb ramps. Bollard spacing must be no further apart then five (5')feet on center. 6. Sale and Service of Alcoholic Beverages All State Liquor License applications for sites within the Town of Oro Valley must be reviewed by the Planning and Zoning • Administrator prior to consideration by the Town Council. The Planning and Zoning Administrator must evaluate the zoning compliance of the use and forward a report to the Town Council. For all restaurants, delicatessens and cafes, sales of alcoholic beverages shall be only for consumption on the premises. No package liquor shall be sold. 7. Canopies Canopies shall not be located closer than ten (10') feet from property line of the project. Design of the canopy shall architecturally match the design of the main building. The maximum height of the canopy shall not exceed eighteen (18') feet or the height of the nearest structure, whichever is more restrictive. 8. Odors a. All restaurants and manufacturing uses shall provide an odor abatement plan at the time of Development Plan submittal. The plan is subject to Development Review Board (DRB) review and Town Council approval. b. The odor abatement plan must contain the following elements: An inventory of potential or identified odor emission point sources associated with the industry or land use. ii. A plan detailing best available control technologies and appurtenances designed to eliminate or achieve the maximum reduction of odor emission from an emission point source inclusive of, but not necessarily limited to certain processes, procedures or operating methods intended to mitigate or control odor. iii. A specification of the documentation that will be made available for Town review which will verify the data produced by the monitoring equipment, and which will verify that processes and procedures are conducted consistent with the specifications in the facility's odor control study and plan. Zoning Code/Oro Valley AZ May 2005 237 CHAPTER 25: .-: USE REGULATIONS Section 25.1 S '., -Requirements for Specific Uses °• R- = ° � trds for iv. A schedule for the implementation and installation of the control technologies, appurtenances and monitoring instrumentation. v. An acknowledgment of the authority of the Town and/or County and its agents to enter into the facility and its property to investigate complaints and to verify the facility's adherence to the compliance plan. ■ ■■v vinc e � �.-f �`�llQr consider other factors. 1.Concurrent Use An art gallery shall be permitted as a conditional use in association with an existing or proposed art studio. The gallery - - --- - - - - - - -- - - site. The art gallery applicant must demonstrate that the studio gallery is open. 2.Hairs of Operation case a special use permit is required. No = "• = - -- + by the Town Council. 1.Walls the main building on the site. Such walls shall be a minimum of 3 feet in height. projects, wh-ich are adjacent to residential uses, a screen UomrnIssi-on, Development Review Council. 238 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.E -o 3.2 Requirements for Specific UsesProperty Devel .n c.When adjacent to a residential d+ ct, a 6-foot perimeter � •• .tea r r • • e*- r er r , � � V r � �r • r - • r r e r r e ee r r� r r r , waived by the Town Council. 2,Trash and Refuse Collection Areas r . r r r - e r match the architectural chara-cter of the project. Furthermore, a self-closi-ng, h-i-ng opaque gate, project, shall be i-nstalled on the fourth side of the enclosure. � r eadi r�r r • - r r constructed of brick, stump block or masonry with a stucco or mortar wash-fin-ish, or si ar fi-nis-h, designed r � r r conform to Section 27.6.G. 3.Fire Access '.Architecture "Territorial'', "Spani-s•h "M+ssi•o-n" "Santa Fe" r•r "--• e r r • •r - • r with such styles. a - • •a a• -• a as '- •a-• •a• •-••- • -e �•— into the architectural design shall be strictly regulated by \ tea•. !- - - - a • � v v v v v i v •�� themes may be used as grounds for denial of the project. r-. � a' — r � • a a•a• n • �. � r � � � �.� r v e r r r r r r r r - V r +• � r re er r I , 1 Zoning Code/Oro Valley AZ May 2005 239 CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.1 Se-stisn-2-1-g-Requirements for Specific UsesPrope-rty ��� Standards for 'w^-w- ^- w- '^ -w - -w ^' ^ ^- ' - . . . . . • w^ w' w~ w ^- o.• w•~° ~- o w. w- w- w^ cherectenanddatai|' on all four sides. 5.Landscaping a.Qrive-through windows and lanes shall be screened with a 5-foot wide landscape screen. The entire ler-g#h of the lan-dsGe�-e ameem e-heA--be -a minimum of 3 feet in height. The screen shall be located on the outsIde of the drive-through lane and shall screen w'^wm' - w~ arger center, the landscaping of the pad w- w'~w ^. o~ -w^^w. * - '. ^ ^- .^w -.w ^w w main center. oenter. ^-^ w-� -w '^ - - w- -^ - -- . «-^ ' '.« - -~o --w-e pedestrian s s4--1-all be installed connecting the w-w o-• w'^w w w- •^w - -. .~w ^- - o- oenber. d.A|| buildings, vv~- - . shall have a min-innu-n 12-foot landscaped area on all four sides of the building. Pedestrian we|kmeays, sidewalks or patios may be included in the 12 foot landscaped area provided that the sidewalks or o'• w'^w ^- - w ' - ^ w'w^ '.•^ww'• -^w w ^- ~w w - ~w .^s,. ^ ~ ^� °~ ^w .v-w - -~^ required in subsection a. above may be substituted for -^w -.o:w - -- - e^w ^- -w - ow^w'^w 'm- w ^' w'• w'^e. ^~ -.w'^w ~- w- '^ �� o- ^ w Section 27.6. w ~- w- w'^w - - x- aa' -o ^ w-e~ landscaped screen. -~w --w-e w-ax -' w~- - - A `''' w ' -- -^w w-wm ' me.- ^ w- w -w m to maximize outside visibility of the ATM or deposit box. ^- ^ '' w w-ww ' ww ~- . ww' ''- •w^ -w. g.AU |' ht-i-ng shall conform to Chapter 27.5 of the 0-m Valley Zoning de Revised. G.Lkzhting A •~w ~ w w m --- w^ Code Revised. CHAPTER 25: ! ,PTER 23: USE REGULATIONS Section 25.1 �� --2-3?-Reauirements for Specific UsesPfepecty Dev-e-k)-pm-e-rit a d ds-foc-W-Gnres i denti a l Dist-Fists. 7.Mechanical Equipment: mounted, shall be screened from public view and building. b. Electrical meter and service- components shall be screened from public view and painted to match the 8.Maintenance a.The landscape design shall facilitate continuous maintenance and use of low maintenance plants should be considered. refuse and debris and shall provide a healthy, neat, and installation. d.Dead vegetation shah be promptly c-eplaced with healthy, living plants. e.t_o-n'dsca-ped areas that are susce e to i ury by pedestrian f.When adjacent to residential -U , atl required pe -tec measured 3 feet from the ground and all shrubs shall be at least a 5-gallon size. 9.Screens along Right-of-Way: street shall be screened. The screen shall be a minimum of 3 feet -I hei•g-ht when adjacent to the street. • / i t 1 1 I • 1 1 ' the Planning and Zoning Commission, Development Zoning Code/Oro Valley AZ May 2005 241 CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.1 Section 23.8 Requirements for Specific UsesPcoj erti G -t Standards for-N-o - - 'w•e 16.P roxi m ity of Structures ••• - w •- •• -••-• • -• • • • ••- - - • access to all users. b.Parking lots shall be arranged to provide parking spaces • - ••• II -- • •- • • •••• w • • •• a.All parking areas shall conform to the provisions set forth in Chapter 27 of the Oro Valley Zon-ing Code Revised. b.Parking areas shall e visually divi-ded up with landscaped islands. A 6-foot wide island shall be installed least one -canopy tree, which shall measure 2-inch caliper measured 3 feet above the ground. Shrubs and at least 5-gallon size, shall also be required. c.Sight visibility areas between 30 inches and 6 feet above ground level shall be -e - •. - •e• ' • •- parking areas. proposed building. e.The parking layout shall be designed so that vehicles do not use shall -be paved with asphalt, concrete or a similar material. g.Parking layouts shall be designed for double-loaded parking wherever possible, so that less paving is required. h.parking shall have primary access from a public street. Alleyways shall not be used for access- A •- - •- • •• . ••• • •• _• •- alk-s, said sidewalks shall be a minimum of 6 feet i-n width and the tire design, away from pedestrian paths or -other areas of A e- 242 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: - ' USE REGULATIONS Section 25.1 S -Th-2-3-C-Requirements for Specific UsesPrope k.A minim of 6-inch high concrete curb shall be required around landscaped islands in order to provide protection 12.Parking Lot Lighting a.All lighting shall conform to Section 27.5 of the Oro Valley Revised. 13.Traffic Impact requirements set forth in Section 22.9, incl-u-d-e a traffic impact 25.1.M.11. 11.Noise Noise from drive-through speakersalaudible--from no adjacent resie-• • -e e - • ,._. e ee- •- - - - - - - - - - - -- 15.Other A ee e e•-• •-- - .- .. ..-ed by the Planning s- -•••e -••••• a -• -• • e - e •_ ►framed shall be posted at all times on the premises. b.Specific hours of operation shall be shown on the application B. Automobile Parts Store On-site repair, rebuilding or machining are prohibited. C. Car Rental Establishments The following criteria shall apply to all car rental establishments. Compliance with all the criteria does not Guarantee approval by the Town Council, which may consider other factors. 1. Parking lots used for the storage of rental cars shall meet the screening requirements and minimum number of parking spaces in compliance with Section 27.7, Off Street Parking, Section 27.6, Landscape and Buffer Yard requirements, and any applicable overlay district. 2. There shall be no car washing, cleaning or repair activities of rental cars permitted on site. e •-• ••- • e- •• ••s• • • �` � . • - ••• a •_ Zoning Code/Oro Valley AZ May 2005 243 CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.1 Section-23.e Requirements for Specific UsesP pe ;p e-`epin-e 4• ds for !a. .r �a-y.►�"1 ^c••✓�� a,--0-u.tdoor loud speakers shall be prohibited. 5-3. Parking lots larger than 25 spaces devoted solely to the parking of rental cars shall be prohibited. (subse 25.1-•M.), the following requirements/criteria shall apply to all Town Council. •a e e•-- a ••e as ••• • - a •ae .a•.a• - • •-. •- - a••a-a • .- -a • -••-• a • • _ * •— • de Revised and a traffic impact analysis shall be required, pursuant to Section Section 25.1.M.11. 2.All dete-rgents must be biodegradable. 3.Any lig-hts used to illuminate the area shall conform to Section 27.5 of a feet in height and spaced no more than 3 feet apart shall screen the wall from any residential use. • ••a• - • e_ -a • . • ea• • . ••ate other permanent-looking material. Corrugated metal is prohibited. 6.Sale of accessories such as batteries, tires, gasoline, etc. is proh+bited. 7.Upon cone4ruction of the car wash, the most current recycling • . _ • • • •••••_•• -ae- a a 90 8.The use of effluent water, when available, is required. i •- •- • a- • • a •a- e--a- -••• • a- a ■ along w• • a• a • a - a . _. •a• 1 Q.No exte-rior loud speakers shall be allowed. •- a ••a a .• . a a-a . •- a • •••e e e- a•-•-• • -e e a- e • •a •e e a - C. •_• . i a.• setbacks of the property. A •- a •- -• -a as •• a_ e-- -e • - . a .a••i 244 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.1t-i�- -R:eguirements for Specific UsesP•-oporty mem Qfandards f onresidential - - - - be limited to 8:00 a.m. -8:00 p.m. 1' •• • •- •• -• • ••••• ••• •- • ••• a • • ••• E, h1 Self_S a me does not necessarily guarantee approval by the Town Coin required, pursuant to Section 25.1.M.11. is prohibited. 1„- • • .•.e -J. • `- - • � • •• • a erne other permanent kaki-n•g ma-ter.- . = --• -e - prohibited. 6.A•n y l igk t-s used to i-I-1-umi-nate the area conform to Section 27.5 of the Oro Valley Zoning Code Revised. 7.A screen wall shall be constructed along the site property line that in height and spaced no more than 3 feet apart shall screen the •a••- - • •- • -• •a • • • a -- a • ••- • - the design of the main building. Signage of any type is prohibited on the canopies. AI-1 canopy lighting shall conform to Section 27.5 of the Oro Valley Zoning Code Revised. The Chapter 28. technology and equipment that is available at the time, shall be installed for use, with a minimum standard of 70% 4 1 � Zoning Code/Oro Valley AZ May 2005 245 CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.1 Sec4iGR-2 --Requirements for Specific UsesP ° y--Devfeio =:# Sfart4-ar4 4n nitre idential Dnistricts a- a •- a •-. a • a .a- a - -aa• a a- • aaa • a• e a • -■ ••a •� a� -. recycled. 12.No exterior loud speakers shall be allowed. 13.The drying awnings sail be attached to the • . ..a' = e- r• -a a a- a .a •a . a- •-a a a•• a- setbacks of the property. 14.Al! car washes shall be fenced and include a locked gate to prohibit -a • - r- • a a a- •e a a e a- •e a . a- •aa• -a . !•111 a. !•119 ..aa. 16.Signs sta-l1 be posted prohibiting the playing of loud music. F. No use perm-it for a church shall be granted unless the following requirem-eats- r+teria are met. ince - -- - • - •- -= a- a a- a e a- - • e a -- a s a, a- a a • ?.General Ii..... •. e-a I / . - -- a 1♦a-a _e__. ei-a ' -aa-• •a.a.•a .a O e a- e •-• • ' a-- 'se - .. - •e-a-- ate+ a- aa• -a e - • • church facility for the purpose of providing housing for a a-•.• - a a - aa• e - - as a •- 2.Building Height height shall not exceed 18 feet. a aa. as as --a - a - a•a a• - as - •a e- e- as• -e • e -- 'a •-•e a •a•e as s a ---e a s a - - a e a a- a a- •e a e a • a•a a-•a a • ••a• - 4t ^ maximum height of 5 feet. 3.Disfance Between Buildings 10 feet between buildings .Landscaping 246 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25:G- A-P'Ep 2S USE REGULATIONS Section 25.1 Se i 2 . Requirements for Specific UsesProperty !ev--et Standsc s-f-Gr ns&dantiai Districts landscaped. The desert in its natural state may -be used and may be enhanced with indigenousdr-ought-tolerant plants. 27.6 and shall be approved by the Devel -Review Board 5.Yards and Setbacks a.50 Feet from any abutting residential district, R1-36, R1-43, R1-144, R-4, R-S or R-6. b.20 Feet from any abutting commercial district, T-P, C-1, C-2, C--N or PS&C properties. c.Residence: If the church parcel is abutted by an R-1 district, the setback requirements of that abutting district shall apply to the church's residence. If the property abuts other than an R-1 district, the setbacks for the R 1-1/1/ district shall apply. din addition to the setback requirements outlined above, a minimum of 12% of the net lot area shall be provided as frontage open space. e.All areas between a building and a street frontage, except for access drives and walks, shall be open space. Where parking occurs between a building and the street, an circumstances warrant approval by use permit or Development Review Board approval, such circumstances being: i.Depressed parking. i4 Wall and berming. depth between any parking areas not described in areas shall be screened from all abutting streets as provided in Section 27.6.G. minimum i.f 1 00 f ^t from all property lines. Zoning Code/Oro Valley AZ May 2005 247 CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.1 - --Requirements for Specific UsesProperty Deve e- -h•The number of steeples, spi-res, towers or campaniles or similar structures is 1•im•+ted -to one unless otherwise a s • -a • E-.- e e a•-■ e 6.Walls,Fences and Required Screening a.Wa s-and fences not to exceed 6 feet in height shall be areas, except within the required frontage open space, within which they may not exceed 3 feet in height, or except as otherwise approved by the Development Review Board. storage and refuse areas shah be screened according to the requirements of Section 27.6.G. as approved by the Development Review Board. screen a minimum of 10 feet wide or a comparable 1. _r desert buffer 1 11 I 1 f and � � natural desei t buffer shall be provided maintained on the abutting lot line. 7.Traffic Impact as e• a -eat. e• - •- ••• •• • include a circulation assessment to be prepared by a registered professional engineer. Acceptance o the circulation assessment by the Town Engineer does not - e • as a - a- ••• a -- Town Council. b. The c r assessment shall comply . contained in the current editions of the Transportation ■e ■ •e••-- •a e a•ala • e e. •e a and 'Land Development Handbook, both published by the Institute of Transportation Engineers, or other recognized standards approved by the Town Engineer. Failure to meet those standards or a nationally recognized equivalent shall be grounds for denial of the project- /•+ P1 !'+•re,1 I n 1 f1 r, P+ n n c• , f ,; . i.. 1 .•. •.•. volumes (ADT) and peak hour volumes for all adjacent streets, the projected traffic generation and ingress/egress turni-ng movements, including peak hour -aa- e a•a e a locations -and number of lanes, description of existing anticipated -roadway or intersection improvements, if any. 248 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: HAER 23: USE REGULATIONS Section 25.1 Section: 23.8 Requirements for Specific UsesP e e4 m-e Stanv a is fo• Y• .c "Sv ^a..r 8.Parking: Section 27.7 of this Code. 9.Other e• a •- �•. �• - .- •• •••-• • •- •y••• b.Failure to comply with these requirements w+ll result in revocation of the conditional use permit and mandatory discontinuance of the use on the site. - o Commercial Stables 1. The minimum property size shall be 10 acres. The proposed ncorJ siteshall not hr, adjacent r. to subdivided he proposed shall be adjacent subdivide d single- family residential property unless that residential property contains an equestrian easement along the contiguous boundary. 3. The stable property shall contain a buffer strip 100 feet wide maintained in a natural state adjacent to all surrounding privately owned property. This strip shall be used only for occasional riding and not for keeping, pasturing or storing of animals, and not for training or other regular or intensified activities. 4. There shall be a buffer strip 40 feet wide maintained and used as described above adjacent to any street. 5. There shall be no shows or other activities that would generate 1 more traffic than is normal to a residential area unless the proposed site has direct access from a major arterial road. Permission for such shows and activities may be obtained from This letter shall be submitted to the Town Clerk at least two - . •- •_ • , • •• • --via a Special Use Permit. 6. All pasture and animal storage areas shall be enclosed with fences or walls a minimum of 4 feet 6 inches in height. The design of these enclosures shall be shown on drawings 7. All laws applicable to the public health must be complied with for the entire period of operation of the stable. Zoning Code/Oro Valley AZ May 2005 249 CHARTER 25: • . USE REGULATIONS Section 25.1 S ;. - -Requirements for Specific Uses--r-apJ--- eveiop.rent Standards for-49-. '.4 8. All stable, activity and pasture areas that are not grassed shall be treated for dust control as approved by the Town Council. 9. Adequate parking shall be shown on the site plan. E. Community Residences Community residences shall be permitted provided that: 1. No such residence is located on a lot with a property line within 1,000 feet, measured in a straight line in any direction, of the lot line of another such community residence; and 2. Such residence contains no more than 6 residents, or 8 residents, including staff; and 3. Such residence is registered with, and is approved by, the Planning and Zoning Administrator as to compliance with the standards of this Section. 4. Such residence or services provided therein shall be licensed by, certified by, approved by, registered with, funded by or through, or under contract with the State of Arizona. kF. Communication Structures and Facilities 1. Antenna a. Residential Antenna Standards: Antennas, which are building mounted or ground mounted, are permitted in all residential zoning districts, subject to the following conditions: Ground-Mounted a) A ground-mounted satellite dish that is 1 meter (3.28 feet) or less in diameter, with a maximum height of five feet. b) Free standing pole antennas are limited to the building height allowed in the applicable zone. c) Location. All ground-mounted antennas are to be located in the rear yard, unless rear yard location provides an indirect line of site to the satellite, in which case may be located in the side yard. All 250 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25:CHAPTER 23: USE REGULATIONS Section 25.1 ©��ion 2- -.-8-Requirements for Specific Uses e t- pment --,. } - - -taI Districts applicable setbacks for accessory buildings shall apply. d) Screening. All ground-mounted satellite dishes shall be screened up to five feet with a solid wall or landscaping, so as not to be visible from adjacent properties. e) Color. Antennas that are not fully screened by a wall or landscaping are prohibited from being either white or iridescent in color, and are encouraged to be a neutral color. Fully screened antenna may be of any color. ii. Building-Mounted: a) A building-mounted satellite dish that is 1 meter (3.28 feet) or less in diameter and building mounted antenna shall be permitted in any zoning district. Such antenna shall be fully screened. b) Color. Fully screened antenna may be of any color. c) Height. The maximum height of the antenna shall be the minimum height necessary for reception of radio waves. iii. Amateur Radio Equipment: Such equipment is e- am. -e � - •e-a a -e a following standards are met: a) The maximum height of the equipment, whether a fixed or "crank-up" style structure, including antenna, shall be 50', measured from the ground to the fully operational extent of the equipment. b) The tower and equipment shall only be located in the rear yard. c) There shall be a setback ratio of one to one (one foot of setback for each foot in height from all buildings, property lines and overhead wires. Zoning Code/Oro Valley AZ May 2005 251 CHAPTER 25: CHAPTER 23: USE REGULATIONS Requirements for Specific UsesP - Section 25.1 Section 2�.�..�- S a a nre Pt d) The equipment shall be operated only by a Federally licensed amateur radio operator. e) The base of the equipment shall not exceed a size greater than 4' by 4', iv. Satellite Dishes exceeding 1 meter diameter. Approval from the Development Review Board, at a regularly scheduled meeting, is required for all ground or building mounted satellite dish antennas that are over 1 meter in diameter. The following standards are required: a) A maximum diameter of 15 feet will be permitted. b) Ground-mounted satellite dishes exceeding 1 meter in diameter are permitted only in the rear yard, unless rear yard location provides an indirect line of site to the satellite, in which case may be located in the side yard. c) A minimum two-thirds of the satellite dish must be screened with either landscaping or a solid wall. d) The maximum elevation of the foundation for ground-mounted antenna is not to exceed 1 foot. e) Height. The maximum height of building- mounted antenna that is over 1 meter in diameter shall be the minimum height that is necessary for reception of radio waves. b. Commercial Antenna Standards: Antennas which are building mounted or ground mounted are permitted in all commercial or industrial zoning districts, subject to the following conditions: Ground-mounted: a) A ground-mounted receive or smicsion sSateiiite dishes are limited tothat is 2 meters (6.56 feet) or less in diameter, and up to five feet in 252 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.1 Section 23.8 Reauirernents for Specific UsesPrope y D tap ent Standar- --for---N e- - •_ ** •_ height, in a commercial or industrial zone. b) Free standing pole Antennas are limited to the building height allowed in the applicable zone. c) Location. All ground-mounted antennas are to be located in the rear yard, unless rear yard location provides an indirect line of site to the satellite, in which case may be located in the side yard. All applicable setbacks for accessory buildings shall apply. d) Screening. All ground-mounted satellite dishes shall be screened five feet up from the ground with a solid wall or landscaping, so as not to be visible from adjacent properties. e) Color. Antennas that are not screened by a wall or landscaping are prohibited from being either white or iridescent in color, and are to be a neutral color. Fully screened antenna may be of any color. ii. Building-mounted: a) A building-mounted receive or antenna that is 2 meters (6.56 feet) or less in diameter, shall be allowed to be mounted on the roof. Such antenna shall be fully screened from the road and adjacent property, in a commercial or industrial zone. b) Color. Fully screened antenna may be of any color. iii. Satellite Dishes exceeding 2 meters in diameter. Approval from the Development Review Board,- _ -e- _--__ -e •--- is required for ding mounted satellite dish Tsubject to the following standards and for DRB review: Zoning Code/Oro Valley AZ May 2005 253 CHAPTER 25: USE REGULATIONS Section 25.1 Section 24,-g--Requirements for Specific UsesP-T-e-pe m -t S -d-ards for Noon .. ,4... a .4G-te- a) c-t - a) A mMaximum diameter of : 15 feet-w- -1 be permitted. b) Ground-mounted satellite dishes are y, permitted only in the rear yard, unless rear yard location provides an indirect line of site to the satellite, in which case may be located in the side yard. c) A minimum two-thirds of the satellite dish must be screened with either landscaping or a solid wall. d) The maximum elevation of the foundation for ground-mounted antenna is not to exceed 1 foot. e) Height. The maximum height of building-mounted antenna that is over 2 meters in diameter shall be the minimum height that is necessary for reception of radio waves. 2. Communication Facilities a. Applicability: This section applies to all new communication facilities or new appurtances to existing facilities except for facilities used for police, fire, ambulance, and other emergency dispatch functions s facility be erected Of installed except in compliance with the provisions of this Section. The provisions of this Section apply to a.•aa . �a �. •aaaaa .a a- equipment is used as a main use or an accessory use. Where conflicts exist between this Section and the remainder of the Code, the more restrictive Section shall apply. r••a i as a• ^ a a • • •a - -as a from the requirements of this section: police, fire, as a a - as a a- -aaa-a a• a functions. b. General Requirements for All Communications Facilities Stealth Applications a) All facilities shall be constructed using stealth applications for the antennae. A stealth application entails the camouflaging of an antenna, 254 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.`! - -23.8 Requirements for Specific UsesPrape:t vele Stan-dards fe`r NInnreciGle t -si�tr4o-:s appurtenance, fixture, and/or structure with a building or the landscape in terms of design, colors, materials, height, and width. b) Site location and development shall preserve the existing character of the surrounding community, buildings, land uses and zoning district. Facilities shall be integrated through location and design to blend in with the existing characteristics of the site. Existing on- site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized. c) Antennas mounted on buildings, utility poles, or structures shall be covered by appropriate casings that are designed to match existing structural or architectural features. d) The camouflaging of antennas shall include architectural integration, painting and texturing to match the existing structure, or if ground mounted, of such design to be compatibly integrated with the surrounding landscape. Where feasible, antennas can be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging. ii. No communication facilities shall be permitted on developed or undeveloped lots where the primary use is or is platted for a dwelling. iii. Setback Requirements For All Ground Mounted Facilities, Excluding Joint-Use Installations on Street Lights, Traffic Lights, Electric Utility Poles an/or other Utility Structures and Collocations on Existing Facilities. a) Structures shall be setback two feet for every one-foot in height from buildings, property lines and overhead wires. b) All new facilities within the Tangerine Road (_orridor overlay District and Oracle Road Scenic Overlay District must be setback from the right-of-way edge by a distance of three feet for every one-foot in height. Zoning Code/Oro Valley AZ May 2005 255 CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.1 Ser -3 4--Requirements for Specific Uses e `e-v 4 -R- rl-d a F�- -t- r ee i dent cl Districts iv. Equipment Buildings, Cabinets, and/or Structures a) Equipment buildings or structures shall be concealed from public view and made compatible with the architecture of the surrounding buildings and consistent with the general character of the area. b) Above ground equipment shall be completely screened from by view by a compatible solid wall or opaque fence except when a ground mounted cabinet or structure, or combination of all cabinets or structures, is smaller than one hundred and eighty (180) cubic feet. Units that are smaller than one hundred and eighty (180) cubic feet may, at the discretion of the Planning and Zoning Director, not be required to be screened from view if they have been designed with a structure, materials, colors or detailing that emulate the character of the area. All gates shall be opaque. c) Equipment buildings must be placed in compliance with the underlying zoning setbacks for accessory buildings. d) The equipment building or structure must be regularly maintained. e) The maximum building height shall not exceed eighteen feet. f) All above ground equipment with air conditioning units shall be enclosed by walls, if located within three hundred feet of developed or undeveloped lots where the primary use is or is platted for single- family dwellings. �) Any exterior lighting, unless required by the Federal Aviation Administration, shall be positioned within the walled area and shall be mounted below the height of the screening fence or wall. v. Arlrlitinnal Standards fnr Development in Parks & Open Space Zoning a) For areas not utilized as a developed public or private park, golf course, or 256 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.1 n -Requirements for Specific UsesP-rAperty D e ejam nt similar use, the following standards shall apply: b) All facilities must be collocated on an existing man-made structure or ground mounted and disguised as a natural feature such as rock or saguaro. c) All accessory and equipment buildings shall be vaulted underground unless it can be entirely camouflaged as a natural feature. d) New roads shall not be constructed to specifically access the site. e) Significant resources, as defined in Section 27.4 may not be disturbed. vi. Discontinuance of Use a) Any antenna or tower for which the use is discontinued for six months or more shall be removed, and the property shall be restored to its condition prior to the location of the antenna or tower, all at the expense of the provider. The Town may require financial assurances to ensure compliance with this provision. vii. Noninterference with Public Safety a) No wireless communication transmitter, receptor, or other facility shall interfere with police, fire, and emergency public safety communications. viii. Technical Evaluation a) The Town may engage the services of a third party consultant, at the applicant's sole expense, to evaluate the accuracy of the application, Federal Communications Commission compliance, and other technical issues as needed. ix. Monopole and Tower Site Standards a) Any new monopole shall be separated from the nearest monopole — regardless of ownership and jurisdictional Zoning Code/Oro Valley AZ May 2005 257 CHAPTER 25: CHAPTER 23:-USE REGULATIONS Section 25.1 Section 23.8-Requirement for pecific UseePpe. e °alb boundaries- by a distance of one- quarter mile, unless it is adjacent to an existing monopole or tower within a common screened wall. b) New towers require a minimum separation of one mile from any existing tower - regardless of ownership and jurisdictional boundaries — unless one can verify that no reasonable alternative exists. c) All new monopoles or towers that are forty feet or higher shall allow for collocation by other wireless communication providers. d) Use of guy wires is prohibited. x. Access and Signage a) All facilities, especially roof-mounted antennas, must be designed in a manner to clearly prevent and/ or deter access by the public. b) All facilities shall be identified by a permanently installed plaque or marker, no larger than four (4) inches by six (6) inches, clearly identifying the provider's name, address and emergency phone number. The sign shall be placed in a location visible to passersby. xi. Provider's Communication Plan The Provider Communication Plans shall be utilized to require collocation and/or clustering of new facilities where technically feasible. xii. Application Requirements Applications required under this Chapter shall be submitted in a form and in such numbers as required by the official responsible for accepting the application. c. Minor Communication Facilities: General Standards for Minor Facilities: 258 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: -CHAPTER 23: USE REGULATIONS Section 25.1 Se-ell-an-23.8 quire en s for eci is UsesProperty Develo `�'�• �F :r t' e +sidential DistriG-s a) Minor facilities may not exceed 40 feet in height unless otherwise specified herein. b) Minor facilities are exempt from parking requirements specified in Chapter 11, unless required by Planning and Zoning Administrator or Development Review Board. ii. Tier I Minor Facilities: a) The Planning and Zoning Administrator may elect to make a determination on a Tier I application or forward to the Development Review Board for consideration. All property owners within 300' of the facility will be notified by mail and provided with 15 days to respond. The P&Z administrator may require a neighborhood meeting. b) All Tier I Minor Facilities shall be constructed using stealth applications that result in the communication facility being entirely indiscernible as a facility because it appears as a functional component of a building, structure, or the landscape. c) All Tier I minor facilities shall meet the following criteria: (i) They shall be located on existing buildings, utility poles, communication facilities, or other existing structures. (a) A replacement utility pole or structure may be utilized only if it closely resembles the original utility pole or structure. (b) The height of the utility poles, communication facilities, or other existing structures shall not add more than 20%to the original height up to a maximum of eighty (80)feet or the regulated height of the utility poles, communication facilities, or Zoning Code/Oro Valley AZ May 2005 259 USE CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.1 Section-n.8 Reauirements for Specific UsesPpe-rty-Dev,el-opment a. ...v a.. other existing structures whichever is less. (c) For utility poles or other similar structures the diameter may be increased up to sixty percent. (ii) Or they shall be located within concealment structures such as flagpoles, cactus, or desert trees that are entirely camouflaged. (iii) Unlimited Collocations on all existing facilities. (iv) Flagpoles utilized, as an alternative concealment structure shall not exceed 1.25 times the height of the nearest structure and a total diameter of thirteen inches. iii. Tier II Minor Facilities a) The Development Review Board shall make a final determination on all Tier II applications, except when a proposed new facility exceeds the building height restrictions of the underlying zoning district. In this case, it shall also be reviewed by Town Council. b) All property owners and HOAs within 600' of the facility will be notified by mail and provided with 15 days to respond. The P&Z administrator may require a neighborhood meeting c) All Tier II Minor Facilities shall be constructed using stealth applications that result in the communication facility being incorporated into a building, structure, or the landscape to the greatest extent feasible; however, it remains discernable as a facility. d) All Tier II minor facilities shall meet the following criteria: (i) New monopoles or towers that are forty feet or less in height. The overall height may be 260 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: ,._.• USE REGULATIONS Section 25.1 5 n 2a.8 Reguirements for Specific Uses - e,eelop ;-a. 4z ..: , a ' fid•^ �'e-► '- r. increased to fifty feet only if the site will be immediately utilized for collocation. The increase in height will be the minimum required to support collocation. (ii) Collocation on existing structures are subject to the following requirements: (a) The height of the utility poles, communication facilities, or other existing structures shall not add more than 30% to the original height up to a maximum of eighty (80) feet or the regulated height of the utility poles, communication facilities, or other existing structures whichever is less. (b) For utility poles or other similar structures the diameter may be increased up to sixty percent. (c) Collocations on all existing I monopoles or towers whereby the total number of additional appurtenances is less than twenty five percent of the original number may be approved by the Planning and Zoning Administrator. d. Major Communication Facilities Major Communication facilities are those facilities that do not meet the minor communications facilities criteria. ii. They are subject to a conditional use permit. Once a use permit has been obtained, a Communication Facility application shall be submitted for Development Review Board approval. All property owners within 600 feet must be notified for the use permit. iii. Tier II stealth criteria apply to all major communication facilities. iv. All Major Communication Facilities shall meet the following criteria: Zoning Code/Oro Valley AZ May 2005 261 CHAPTER 25:G-HA-TE 2 -USE REGULATIONS Section 25.1 Section 23.2 Requirements for Specific Uses rope -Dev-e re- Standards for ges- o-ctal-D-i-sgs a) The height of a facility shall not exceed the height established in the criteria for minor facilities, except that they are allowed up to 150' in C-1, C-2, and T-P zoning districts. b) A minimum of one parking space must be provided unless specifically waived by the Planning & Zoning Commission and Town Council. �.a_e e . . • e .. .—e . •_ All condominiums and townhouses and any apartment buildings converted to co-n-dominiums shall meet the requirements foc construction of multi-family dwelling units under the requirements of the 20.03 K G. Convenience Uses listed below does not necessarily guarantee approval by the Town Council. The followin-g requirements and criteria for convenience uses are intended to encourage clustered, commertiial development, enhance traffic safety, foster and enhance development compatibility, harmony adjacent property. 1. Standards for All Convenience Uses Locational Requirerments a-i. No convenience use shall be located closer to an R-residential District than 250 feet. b-ii. No convenience uses shall be located closer to any public park or school than 500 feet. This restriction does not apply to open space or natural areas dedicated to homeowner's associations. ii1.No convenience use shall be located closer to any R- a PAD adopted before May 27, 1988. d-iii. The above distances between a residential district and a convenience use shall be measured from the abutting edge of the residential district to the closest property line or lease line of the convenience use. The limit of the property line or lease line shall include all 262 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: ^ `P 22: USE REGULATIONS Section 25.1 Sect 2- � - Requirements for Specific UsesProperty Devc n-t tan •d s far--44=- - -: . • V '.'i tl 4 4 Gds required parking, landscaping, and setbacks of the specific convenience use. '.Locational Requirements Convenience uses shall be ancillary to and located in shopping centers, office parks, and or a combination of a shopping center and office park as a mixed-use development. I Convenience uses shall not be permitted in office parks in an R-6 district. b. Number of Convenience Uses per Center Total convenience use floor area shall not --e a •- •• •-•-•• e - e e area ratio of the zoning district i.n which a tThe total number of convenience uses shall not exceed 1 pad per 4.5 acres of shopping center or office park. No more than one drive-in, drive- through, or gas stationretail motor fuel/, or automotive service station convenience use shall be permitted for every nine acres of a office park. c. Access No convenience use shall have direct vehicular access onto any street which provides a lower level of service than a collector street. Wkii. All convenience uses shall be accessed through a common driveway serving the center or office park. If traffic safety warrants, one direct access per arterial frontage may be approved by the Town Engineer for an individual convenience use. All convenience uses shall provide access points to the internal circulation driveways and parking areas of the center unless otherwise approved by the Town Council. 2. Tier I Convenience Uses Tier I uses produce a moderate level of traffic generation and impact on surrounding uses. They include all convenience uses (as defined in Section 31, Definitions) not specifically delineated as Tier II. Standards for Tier I convenience uses are delineated above or in the section for that specific use. Zoning Code/Oro Valley AZ May 2005 263 CHAPTER 25: CHAPTER.23: USE REGULATIONS I , Section 25.1 Section 2- -Requirements for Specific� 1.. fG--- UsesR-- - n-t Stand d - .: \gyp \! d�•✓ d F t C V•'.D 3. Tier II Convenience Uses Tier II uses produce a high level of traffic generation and impact on surrounding uses. They include the following: drive-in/drive- through restaurants, convenience markets, car washes, gas stations, and automotive service. Standards for Tier I convenience uses are delineated in the above and in the following sections. a. Timing of Development Tier II convenience uses shall not be open for business until a minimum of 50% of the net floor area for the non- convenience use structures within the shopping center have been constructed. b. Specific Use Requirements Gas Stations and/or Automotive Service a) A minimum building site of 36,000 sq. ft. is required and lot frontage is to be not less than 200 feet, except that kiosk gas stations may be located on an existing or proposed pad within a shopping center. b) Vehicle queuing is prohibited in the required setbacks. c) All on-site activities, except those to be performed at the fuel pumps, are to be performed within a completely enclosed building. Paint spraying or body work is not permitted unless ancillary to automotive sales. d) All restroom entrances shall be screened from view of adjacent properties or street rights-of-way by a decorative wall. e) No outside storage of and no sale, lease or rental of trailers, trucks or similar equipment shall be permitted, except as may be specifically allowed in that zone. f) All entrances to service bays shall be screened or face away from street frontage. ii. Car Washes Automatic and Self Service 264 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 1 Se 23. Requirements for Specific Uses' . 0- - 1t-.- e�,tion �5.� .. �.r. 4 Oar s-f _ _ .._- .• a) Achieve a minimum of 70% water recycling. b) Drying awnings shall be attached to the building or permanently affixed to the ground and all work shall be carried out within the setbacks of the property. c) Hours of operation shall be limited to 8:00 a. m. to 8:00 p. m. Provide fencing or similar security to prohibit entrance after hours of operation. Regulations of this subsection (1) shall not apply to any PAD adopted prior to May 27, 1988. 2.Walls mortar wash finish or otherwise be designed to match the main building on the site. Such walls shall be a minimum of 3 feet in height. a-a -a , • • mere••a �• - e- ea•••. • . C. L �.� .�� � • V s i • V 1 1 V � 1 1 V 1 projects, which are adjacent to resid-ential uses, a screen may be required by the Planning and Zoning Council. screen waal 3 feet from the adjoi-n-ing property line shall •- 1 a a- --a-- a•a a •ae residentially used or zoned property with plantings at least '1 feet in he+gh-t and spaced no more than 3 feet waived by the Town Council. 3.Trash and Refuse Collection-Areas match the architectural character of the project. Furthermore, a self-closing, self-latching--opaque gate, project, shall be installed on the fourth side of the enclosure. b.All delivery entrances shall be screened with a 6-foot masonry wall and plantings and shall be fini-shed to match the Zoning Code/Oro Valley AZ May 2005 265 CHAPTER 25: CAP-T-LPA-2 USE REGULATIONS Section 25.1ec-t 23.6 Requirements for Specific Uses e- De o t Standards fob-o e-s-id ,t 4Gt screened from the public street with-at least a 6 foot wall constructed of brick, slump block or masonry with a stucco or mortar wash finish, o-r simi finish, designed to match the main building design. A [asc-a e screen shall be provided in addition to the screen wall and shall conform to Section 27.6(G). 1.Architecture A .• -a -• - - • •- e- •••-• •• "-e- ••,,- - • "Territorial", "Spanish Colonial", "Mission", "Santa Fe" the-applicable guidelines of the governing PAD. This is with such styles. the i 1eve!o,ment Review Board Excessi e-use such ♦..v v v v.vr. vv Y Iv YY V V�.tl�1. `/1V\.+V JTV"L V4 of such t themes may be used as grounds for denial of the project. o--architectural character of the pad buildings shah be through the use of the same building materials, shapes design theme of the project. d.The elevation design of the l prov e—d " character and detailing on all four sides- 5.Fire Access At least two driveways shall be provided for circulation and 6.Landscaping entire length of the landscape screen} shall be a n1�n•Iv+ 1m F�' +r.� it h . ��a 1.... .�..r.. .. -14.4.4e4osated L. ... t ' • ..- 1•.. • I,-. 1 z .- .- •a .•.. .- .'.. --_-be corn r»fihle ,niifh ...-. . ..v ..w.....v v v.r".rl v i v r✓�A u N u b,to l i,Irl --all V -V V 7-1-f�7L.rLi 1�7TV V V I L I T the landscaping of the main center. 266 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25:CHAPTER 23: USE REGULATIONS Section 25.1 Se- -P.-2. :- Requirements for Specific UsesP- -p t: S it Nonreci4c R4a Districts V M V •�.T�6���T�►�YI.moi�I -4 . � c.Clearly identifiable landscaped pedestrian walkways shall be installed connecting the pad buildings to parking areas d.All convenience use buildings shall have a minimum 12-foot landscaped area on all four sides of the building. Pedestrian walkways, sidewal-ks, or patios may be sidewalks or walkways are no more than 6 feet in width. If the building has a drive-throue a -== --e e -• ••e or stacking lanes, then the 5 foot landscaped screen building. Landscaping shall be installed pursuant to Section 27.6(G). landscaped screen. 7.Lighting a.All lighting shall conform to Section 27.5 of the Oro Valley Zoning Code Revised. shall be screened from public view and designed to be b. Electrical meter and service components shall be screened from public view and painted to match the exterior color of the adjacent building. 9.Mainten-awe and use of low maintenance plants should ba considered. areas and plant materials. An exception may be made where natural desert is being preserved. c.Landscaping shall be maintained in good condition free of refuse and debris and shall provide a healthy, neat and orderly appearance at least equal to the original installation. plants. Zoning Code/Oro Valley AZ May 2005 267 CHAPTER 25:CHAPTER 23: USE REGULATIONS Section 25.1 Section 23.8 Requirements for Specific Uses ..r4 .De e R t Standar?... s • sa a—a a —a •a • •a a a or auto traffic shall be protected by appropriate curbs, •—a —e•---• • •a—• — —a —a a •ate. landscaping and an irrigation system shall be installed g.All trees planted shall have a minimum caliper of 2 inches ••- —a •aa a— a • as as a a a •— 10.Screens along Right of Way a. • as a • a • street shall be screened. The screen shall be a minimum of 3 feet in height when adjacent to the street. The Planning and Zoning Administrator shall determine if the materials/plantings to be used in the screen are appropriate and shall make his/her recommendation to tie—Pia-n-ning and Zoning Commission, Development Review Board and Town Council. 11.Proximity of Structures '••e • a e— a a-a • a • •a • •a a a - available within 300 feet of the building that is typically •a a� —a a• •• •• , aa a a c.Customer parking shall be provided in safe, convenient and 1 2.Parking Lot Requirements Section 27.7 of the Oro Valley Zoning Code Revised. b.Parking areas shall be visually divided up with landscaped islands. A minimum 5-foot wide island shall be installed at every tenth parking bay. Each island shall have at least one.. rJtrev e... that shall-measure 2 inch caliper measured 3 feet above the arou-nd. Shrubs and , a.. v.• w/v required. c.Sight visibility areas between 3o i-n-ches and 6 feet above ground level shall be kept clear at intersections within parking areas. 268 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25:GAP-T-E-R 23: USE REGULATIONS Section 25.1 G ; -7.3.-g-Requirements for Specific Uses"' - a y -n-` •e-.,tial Distri s free. •.. . •+ a ;e • e ■ e •a•• a -- proposed building. Atl parking lots shall be heavily landscaped. f.The parking layout shall be designed so that vehicles do not • A • •ae + a• a a+ + • + a —e.—. .—••_ use shall be paved with asphalt, concrete or a similar material. h.Parking layouts shall be designed for lou-ble-loaded parking wherever possible, so that less paving s required. i.Parking shall have primary access from a public street. Alleyways shall not be used far access. j.Where he ala a ••` • • • •1 ••+ •� ••+ shall be a minimum of 6 feet in width and the tire stop/bumper stop requirement shall be waived. k.Traffic using the main- access drives) shall be directed, by design, away from pedestrian paths or other areas of high pedestrian activity. I.A minimum of 6-inch high concrete curb steal-1 be req-uired �. ea ae a ea a a• e + ea a a+ die ''+ Zoning Code Revised. 4.Traffic Impact a.All submittals of development plans must, in addition to the requirements set forth in Section 22.9, submit a traffic impact analysis to be prepared by a registered licensed professional engineer. Acceptance of the traffic impact analysis by the Town Enoo n er does not necessarily � �..• �../V 1 V v�/V `A 1 1 1 y guarantees r'al of the �,e!opment _oJr conditional use permit by the Town Council. b.Sight distance shall be ade ate to provide for the safety of 1 proach-ing intersecttors of the access way to a+ a••a a• • 1 e a 1 a s ■• a•a e movements. In determining requirements of sight Zoning Code/Oro Valley AZ May 2005 269 CHAPTER 25: CHAPTER?3: USE REGULATIONS Section 25.1 Section-2- - Recuire tints for Specific UsesP e y-De* -o-p :-e. -t Standar . f- ge Di-st-Fi-Gts- e•.-a a e e e e •• •••• •e •- e highway involved. The need for acceleration/deceleration lanes shall be adequately V • , MI c.Adequate fire access as determined by local fire authorities and the Town Engineer shall be provided. Curbs shall such areas. d.The amount of stacking space required for waiting vehicles shall be determined by the traffic impact analysis. e.The location and n-umber of points of access to the site, the interior circulation patterns and the separation between pedestrians and vehicles should all be designed to maximize safety and convenience of those using the site. The design sh-au4d be harmonious with proposed f.Convenience uses are to be accessed via driveways serving the larger development that they are located within. However, if traffic safety warrants, only one direct ^ sem•• � � ••, Ir� •• �� •• •� convenience use. g.The traffic impact analysis shall comply with nationally recognized-standard s su•ct as those contained in the - �l-J�iii1►-Jit!\�►���1�■■■►-J��7��:■�1�>,�1��\! - -•-e -. Edition published by the Institute of Traffic Engineers, the 1988 Transportation and Land Development the Town Engineer. Failu-re to meet those standards or a nationally recognized equivalent shall be grounds for denial of the project. residential street, i.e. any street that provides a lower level of service than a collector street. • • • ••••-- a •- • ••s• • • conditional use perrnii "pprov-al. _ 'y evaiur^ ion and use V v•����L V —kr—evaluation v I C.I ami�1 V I 1 Ct 1 l�,i recommendation -by the Town Engineer that traffic compatibility may form the basis for denial of a conditional use permit app tion or development plan by the Town Council. 18.Noise 270 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.1 S.-esti-on-23.8 Requirements for Specific UsesProp --D : cnt S as °- - 'stricts 16.Timing of Development The intent of the following timing of development clause is to preserving efficient/i-ntegrated traffic patterns in order to promote r• r - e- - r 1 r 1 •• e• - -• a •- Development Review Board and Town Council- prior to or simultaneously with the approval of a development b.Convenience uses she U not be open for business u-n-Hi I a convenience use structures within the shopping center have been constructed. -- c - - - •s -e- ent proposals-submitted subsequent to the approval of a development plan for the shopping center in which such use is to be located shall comply in all respects to the -provisions of this Section including, but-not limited to: allowable number of pads, -allowable floor area, required parking and maneuvering space for the use, architectural integration, revised traffic impact analysis, and criteria pert • 1 7.Other a.A copy of the conditional use permit stamped by the Planning framed-shall b- -e '•a e■ a e -••• b.If motor fuel is sold, in addition to these requirements, the Section 25.1.AA.3. through 10. �,...._...: ^__ i.. �. located s sem_ r.n s- •�_ ;;.L,di Iopies are to be located not closes than- t u eel to any side or rear property line. Design of the canopy shall Signage of any type is prohibited on canopies. All •a• a• •• • as a •• a •— —a mss•—a - Chapter 27.5 of the O-ro Val-ley Zoning Code Revised. • s• :as •• s— a• m — eta. s� •e -v —a V 1 V 1 V V /\ V V V feet. All signs shall conform to the Oro Valley Sign Zoning Code/Oro Valley AZ May 2005 271 CHAPTER 25: G-HAPTER 23: USE REGULATIONS Section 25.1 23.8 Requirements for Specific Usesflr-epe-E -Del-opme,,nt Standard_ . �, �.. �..' ,... •• • • a • • • • e•••• Revised. d.Specified hours of operation sha-ll be shown on the application for the conditional use permit. Inappropriately long hours of operation shall be used as a basis for denial. determined by the specific location of the proposed convenience use in relation to surrounding uses. displays of merchandise, cigarette machines or other dispensing machines is prohibited. LH. Day Nursery or Preschool e - •- •• • • • e e - ••a •^ as • • a• • - •- conditions are met: detrimental due to: 2.-The p-o-sed facility sha-U comply with all requirements of the County •• a a • ■-• a as-• shall be provided around play areas abutting any residential zone. S ••• • a- • a ••-e a e a ••e • a • a • 11 square feet of net floor area. A maximum of 1/2 of the area for shall be utilized as parking. 5.Provision Provide for child drop-off areas with direct pedestrian access to the building entrance shall be incorporated into N11-.1. Fire and Police Stations and Emergency Rescue Facilities facility sha-U be granted unless the following requirements/criteria are met. Dam-pliance with a-II the criteria listed below does not necessarily 1.General 272 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: P E* _ USE REGULATIONS Section 25.1 Section 2--3- -Requirements for Specific UsesProperty Dev p nt staff - .•+is 2 Commercial Districts and T-P Technological Park District. -b-1. Minimum property size: 1 acre G,-2. Permitted coverage of buildings and parking: 75% of the gross site area -e.• a -e a a+• e---: O a •+ • + � ■- +■ •■ ■ +. which the site is located. within which the site is located. 2.Walls mortar wash fin-ish or otherwise be de-signed to match ■ as •• a a••a a a + a • a- minimum of 3 feet in height. b.When located within ce tars or large commercial •• •+ a -a a •••a• •a ala•• Commission or the Town Council. c.When adjacent to a residential di-strict, a 6-foot perimeter screen wall 3 feet from the adjoining property line shall be installed along the required side and rear yards as e-• e ■+ • as + a a - aa■a- a ■ a • • / -e-• a e- • --e ••+ a • -e be waived by the Town Council. I �rrlcn�rinrti this coriP 4-3. Vehicular Storage Areas All fire, police and emergency vehicles shall be stored/serviced within a building or in an area enclosed by a 6-foot masonry wall. Said wall shall be finished to match the main building(s) on the site and shall be screened by plantings at least 4 feet in height and spaced no more than 4 feet apart. Zoning Code/Oro Valley AZ May 2005 273 CHAPTER 25:G, , ;PT R 23: USE REGULATIONS Section 25.1 Se t:.n-2-3: Reairements for eoific �sesProperty Deveio -t star_A � To ;4� a..r.,i �v w ���te�p•�' 5,4. Access At least two driveways shall be provided to assure safe ingress/egress. The location and number of points of access to 71 the site, the interior circulation patterns, and the separation between pedestrians and vehicles should all be designed to maximize safety and convenience of those using the site. The design should be harmonious with proposed and neighboring buildings. A circulation assessment shall be prepared which addresses parking requirements, site access and vehicle turning and backing requirements. 6.Commu-ni_cafions Towers, Devices Height and screening of towers, satellite dishes or antennae required for comm-un-ications t e- - - -- -e e •: -- - - 7.Refuse Areas Ruse—areas shall be screened on three sides with a 6-foot masonry wall and shall be finished to match the architectural in Section 25.1.0.3. Furthermore, a self-closing, self-latching opaque gate, also finished to match the architectural character of the project, e- •• -- _a a- a •-- - ._ -. - -. - - - - - -- - - - - 8.Lighfing a. All lighting shall conform to Section 27.5 of the Oro Valley Zoning Code Revised. g.Mechuan+cal equipment 11 a a Aa •aa—• •— a— a e.ae - - - ee mounted, shall be screened from public view and designed to be perceived es an integral part of the building. b. Electrical meter and service components shall be --a-• -•• e.e ' •• e-•• a as a a- 10.Parking a.All parking areas shefl conforms to the provisions set forth in •-a - •- - - -a•a• ee- "- -• of wide island shall be installed at every --- - - - inch caliper measured 274 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.1 -Ser, --2-3-: -Reauirernents for Specific Uses' = 111- •- �.:.: ;ISI C'lls�$ri -t least 1 gallon size, shall also be required. free- d.The parking layout shall be d-esi-g-ned so that vehicles do not ••. • .- .- '.•-. a .• . - . .-• . ••. • • ••. - • • - • ••• • - .•• . . -- • g.A minimum of 6-inch high concrete curb s-h-a-ll be required around landscaped islands in order to provide protection to the vegetation contained therein. 11.5. Noise -When abutting a residential district, sirens on vehicles shall not be activated until emergency vehicles reach the nearest arterial street unless required to clear traffic. 12.Traffic Impact A traffic impact analysis shall be rqu+red, pursuant to Section 25.1.K.14. 13.Other •. . •- e•.• •e. - .- ••• •..-• . •- •••.e framed shall be posted at all times on the premises. b.Failure to comply with these requtrenients will resit to revocation of the conditional use permit and mandatory v o u•se normit-fo - i( L v from the golf course overlay zone, as set forth in Section 24.3, e - a.s e•- "-. • -••- - aa- ••. with the provisions of this Chapter does not necessarily guarantee approval by the Town Council. Zoning Code/Oro Valley AZ May 2005 275 CHAPTER 25: C-HAPTT,R 23: USE REGULATIONS Section 25.1 Se -3-g-Requirements for Specific Uses c4 e- Dem - e Standards fo , ne- n e Golf Safety Nets Golf safety nets may be permitted in all districts provided approval is given, in writing, by the local Homeowner's Association and/or Sub- association, if active, and staff makes a determination that the design standards in subsection R.1, below have been met. 1. Design Standards a. Nets and poles may not exceed twenty feet in height from grade. b. A driving range barrier-type nylon netting material shall be used, which shall have a 3/4-inch weave and be black in color. c. Net structures shall be consistent, in all details, with existing safety nets located in the immediate area. d. The preferred method of support for the netting material is via a cable connecting the top of the two poles, as opposed to multiple horizontal rails. e. Poles shall be painted to match the color of the primary structure on the property. f. Structural design calculations must be in accordance with those adopted by the Town Building Official or, otherwise, must be prepared by a qualified registrant and approved by the Town Building Official. g. No Flags, signs, banners or other appurtenances may be attached to the supporting poles or netting material of such nets. h. The safety net and supporting structure shall be located and designed to minimize the potential for damage to adjoining properties resulting from deflection of golf balls directly off of the safety net and supporting structure. 2. Building Permit Required A building permit must be obtained prior to construction of golf safety nets. A building permit will be withheld if: a. Written Homeowners' Association approval is not presented, or b. The design standards set forth in subsection (R)(1) have not been met. 276 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: CHA R-?T-USE REGULATIONS Section 25.1 Section 2a-.8 Requirements for Specific UsesP-r-Gpe4y--Development "� • ^��Jnr h� �p� rte?1 �'l's��ric•.r. R Sa w T"•..Tr'TF-Ti'opv s j�v" o,Z�.c�-7D�J�7�Z? K. Health Studio or Fitness Center In the C-N district, a health studio or fitne-ss cenis limited to ter2,500 square feet of gross floor a-reaActivities must be indoor within an enclosed building.. L. Hospital for Animals In the C-N, C-1, and C —2 districts, a hospital or clinic for animals,This use may including include boarding and lodging, is permitted, provided that all activities bare conducted in soundproof buildings. M• Marketing of Products Raised on the Premises A stand of not more than 200 square feet in area shall be permitted provided said stand is no closer than 10 feet to any street line and no closer than 20 feet to any other lot line. ■ L I 1.General Requirements s.No use permit for Mature Adult Retirement Quarters, shall be granted unless the following requirements/criteria are met for each type of facility. Compliance with all criteria an-d standards listed below Council's discretion, additional conditions may be b.In addition to the standards set forth-for each re€pective health care facility ty-p- •- - e-.- ....-• •• • - •• •- _e - •e- •- o be addressed on the :.Mature Adult Retiremen-t 4uarters, R-e-ha-bi-lita-tine and Skilled 1, and C-2 zoning distr i-cts. The specific use permit in these districts. Where conflict arises, the standards set forth in this Section shall apply. ll — A• !•- . ^••—• •� c.Max imum permitted density: 30-snits per acre. Zoning Code/Oro Valley AZ May 2005 277 CHAPTER 25:CHAPTER 23: USE REGULATIONS Section 25.1 Section 23.8 Requirements for Specific UsesP-r€ pe - e.Architectural design: all buildings shall provide architectural - - - - e a• mass. f.Off-street parking and loading: see Section 27.7 and 27.8. g.A minimum of 25% of the site shall be maintained as landscaped open space. ,h.At a minimum, all Mature Adult Retirement Quarters must provide: LA food preparation area with staff. ii.A communal dining area. iii.Group activity area(s). if.Per�l ava e for monito-r+ng of residents' general health and well-being. v An emergency monitoring system in all units. professional services. applicable. 3.Rehabilitative Care Facilities a•Maximum permitted building height: pe-r zoning district development standards. b.Minimum lot size: 2 acres. _. z. eeth_etprivate and semi-private rooms; Administrator. Most private patient rooms shall include and used, f o-r single occupancy. Aiternativ y, private showers and dressing rooms may be provided in a central facility, as approved by the Planning and Zoning Administrator. Each se-mi private room shall include private toilet and sink facilities. c'.Permitted site coverer ° . 278 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: QI-HA°TER 23: USE REGULATIONS Section 25.1 Ge m 2- -Requirements for Specific UsesProperty Develop -�t a z --s--f o-E-#N3 n r•rm s id a a 9 n s tr emote •aa' A a • a••a a • ..'e- •• •••■•••-•a a -Or a •- • - a a- ••_•a ••-a landscaped open space. a •— •- ,a• • - - .r• •• -- •-• ,A. 4 a- - - 4.Skilled Nursing Care Facilities development standards- a_ • •• . •. , a - .. ,... . �v •v.v��..� v��...�� ��ivtuv+v vvt.t V tv a.�t.v to V-"m l_n"riva"te roomss Administrator. Most private s shall include i � +� • a'a ^., • a a a e- a •f a ^� showers and dressing rooms may be provided in a central facility, as approved-by the Planning and Zoning AdYY1j•• . . �..• . ^ r. _e as •. ._ private toilet -- 'a - •I' e.Architectural design: all buil inns sha-U provide architectural or offsets to break up building mass. i•••••• •• a 0 . •- • - • a- as •• ••-a landscaped open space. a- a- •a• • - • - .•i• •• a - •.• .A../. a . applicable. .s-,- .f••-a •a a. • e e •__• _ a 1.4 • •••1 ..1•• _• - �-• a is _• k ••a , •- v...v v, . •v� v.►.+� �t v. �r v v� ��w ��� v u •,.A t V - 1 C.. -V i s Nursing Care Facilities-m-ust-r;�ee - of compliance shall be supplied to the Town on an annual basis. Zoning Code/Oro Valley AZ May 2005 279 CHAPTER 25: CH;APTEP.23: USE REGULATIONS Section 25.1 Ser.-tie-n-23.8 Reuireraents for peci is Uses = y Devek?- _ e tial Dist-Acts- livi-n-g conditions provided, and the general quality of the environmer-t, shall be evaluated against those quality control criteria set forth in that document known as, - • - a - a•••• as •a•aa to -a--quality, clean, and attractive residential atmosphere. accessibility and safety, enhanced adjustable illumination, heating, air conditioning and ventilation. iii.Common areas for d+nin-g and other social activities which allow residents an opportunity for in adequate numbers and at locations convenient for use by rn�+�r1�•,r n r,r-��,! i•4,.. public.convenient use r os:det Its and the public. i-v.faun-day service, either on- or off-site- •a-a a • • a - - a• a a- a-• - a+r -• a •a-•a a+ c.Failure to comply with the criteria set forth in this Section, and the aforementioned assisted living initiative, may be grounds for revocation of conditional use permits or business licenses in the Town. N. New Utility Poles and Wires 1. Applicability a. It is unlawful to erect, possess or maintain any utility poles or wires above the surface of the ground except after obtaining a Conditional Use Permit therefore. b. Exceptions Utility poles and wires erected prior to December 31, 1983. ii. New utility poles and wires erected for tem•orar use for •eriods not in excess of 4 months for purely temporary purposes such as for providing temporary building construction power or for emergency power or telephone 280 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25:HPTE 23 USE REGULATIONS IONS Section 25.1 Section-2 -Requirements for Specific UsesProp " ...e� .p tanass for, .e ..nDistricts service, or for the furnishing of power to temporary outdoor activities. This 4-month period may be extended by the Town Council if good cause is shown. iii. Replacements involving less than 600 feet of continuous poles and wires on any transmission or distribution line in any 12 month period where the remainder of such transmission or distribution line is not also being replaced within said period; such replacement excluded from being new utility poles under the latter clause must be poles of the same or less size, diameter, height and in the same location as the pole or poles being replaced, and in addition, must be of the same classification as to strength and purpose within the utility industry as pole or poles being replaced. iv. Erection on the ground surface and flush to the ground of transformers, pullboxes, service terminals, pedestal type telephone facilities normally used with and as a part of an underground distribution system. The size, type and design of these are to be approved by the Town Engineer. v. Erection on the ground surface and flush to the ground of wires in encased concrete or conduit where underground wire installation is not feasible due to special features of the terrain. 2. Approval Criteria a. A Conditional Use Permit for the erection of new utility poles and wires will be granted in accordance with Section22.5. b. In addition, the primary consideration shall be aesthetics with the following factors also considered: The location and height of such poles and wires and the relation to the present or potential roads; ii. The crossing of such lines over much traveled highways and streets; iii. Proximity of such lines to schools, churches and other places where people may congregate; iv. Fire or other accidental hazards from the presence of such poles and wires and the effect, Zoning Code/Oro Valley AZ May 2005 281 CHAPTER 25: C- 7:4° USE REGULATIONS Section 25.1 Section 23.8 Requirements for Specific Uses p �s--D he aac_tri Ste` if any, of the same upon the effectiveness of fire fighting equipment; v. The availability of a suitable right-of-way for the installation; vi. Future conditions which may be reasonably anticipated in the area in view of a normal course of development; vii. The type of terrain; viii. The practicality and feasibility of underground installation of such poles and wires with due regard for the comparative costs between underground and overground installations (provided, however, that a mere showing that an underground installation shall cost more than an overground installation shall not, in itself, necessarily require issuance of a permit). c. In the event such poles and wires are for the sole purpose of carrying electricity or power or for transmitting of telephone, telegraph, or television communication through or beyond the Town's boundaries or from one major facility to another, the practicality or feasibility of alternative or other routes shall also be considered. 0. Restaurants, Within Specific Districts 1. C-N District Sales of alcoholic beverages are permitted in compliance with the following conditions: a. No area shall be used exclusively for the consumption of alcoholic beverages. b. Sales of alcoholic beverages shall be only for consumption on the premises. No package liquor shall be sold. 2. T-P District No use permit for a restaurant shall be granted unless the use shall be compatible with the T-P development and/or any abutting residential development and shall not include drive-in or drive-through types. 282 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25:CH PIER 23: USE REGULATIONS Section 25.1 t e 4:&Requirements for Specific Uses' - as,. •a - -rit alar f GRr sielentia! Districts .Pe Restaurants, Drive-Through/Drive-In In addition to the guidelines set forth in subsection 25.1.M. for convenience uses, the following requirements/criteria apply to drive- through/drive-in restaurants. Compliance with all the criteria listed below does not necessarily guarantee approval by the Town Council. 1. Outdoor eating areas for restaurants using disposable dinnerware, wrappings or napkins shall be enclosed with a minimum 3 foot wall in order to prevent the blowing and scattering of litter. Such areas shall be patrolled by an employee(s) of the restaurant at least once an hour during hours of operation to collect improperly disposed dinnerware, wrappings or napkins. 2. Landscaped areas and parking areas shall be patrolled at least once an hour to collect improperly disposed dinnerware, wrappings, and napkins. 3. All signs must conform to the Oro Valley Sign Code (Chapter 28) of the Oro Valley Zoning Code Revised. 4. All loading zones and service yards shall be screened from public view by plantings, walls, or a combination thereof. Such screening should conform architecturally or otherwise to the overall design of the restaurant and the larger commercial development within which it is located. 5. It is recognized that accumulated food waste materials on the premises tend to create a public nuisance and they shall be disposed of at least once every 24 hours or as restaurant volume dictates. Spilled grease, oils, or fats located near refuse areas or any other area shall be promptly removed with a biodegradable solution. 6. Smoke and odor filtering devices shall be installed on all restaurants. Electrostatic incinerators shall be installed in all restaurants in order to control noxious emissions. The filter requirement may be waived at restaurants where no cooking takes place, i.e. sandwich shops. 7. Employee parking and stacking space for waiting automobiles shall be determined by the requirements of Section 27.7 and the Traffic Impact Analysis required in Section 25.1.M.11. 8. Grease traps shall be installed in all drive-through/drive-in restaurants. All grease traps shall conform to the standards contained in the 2003 International Plumbing Code. Zoning Code/Oro Valley AZ May 2005 283 CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.1 S 4 r 2- - Requirements for Specific UsesP-- e- e-rt--- e o .gib€ St is rr3s-f-onn e&a i-al Distriats Mi service stat•i•o-n, automotive, uses as listed below. Compliance with all Town Council. • aaa • ! •. • - •aa • !- • -a • -- •a - - a! •- as•••as •a a• • _ a- t --• -r - ••• not-l-ocated at the same intersection is to be 500 feet. 2.A minim-61-m b-u-ilding site of 1 acre (43,560 sq. ft.) is required. Lot _• —_ —• -- - !tea SI -- • •a- • ••a as • ••• •• - • •- - • e•• a- ! as-• • !•••- - a a- a -a •e a a a a a -- • a •- • 1 ! as-a •••- - •ca • !- aa• ! •• a as a the design of the m-ain : • ID• 111. •-a ._ a a . e- • a ••••• -a as aa••- aa! •-• ••! a• •• a •• a •— requirements of Section 27.5 of the Oro Valley Zo-ni Code Revises. 1 a •a _ a^ aa`. ^ a -- A 'aa •a a• a as a a- * • - a• a a- a a - a a- a a -. a••a a a•- !a -• ea - •- - -! a e - a- •a•a a•1 -a a— — a►•a a - ► V - - V I I V - �• to be performed within a completely enclosed building. Paint- s •aa • a•• •• _••- a •• •- ••• -a a s a 1 • - a a a r •a a ^ 'a- • ra • a .•• a - ----• ea t ,a • - as• 'mum 6-foot opaque wall that architecturally matches the main buil-ding. Vehicles that are stored on a temporary basis, not to exceed 7 days and awaiting repairs. a •a a •a• ••a a a• a • a a a - a a . a ` -. •a•aa a•- - as • aa• •a• •ae a !- •-a to the main structure unless otherwise specifically approved. - a a ..e'. •1. ,00111.•••/1110., - a- !a • a- a eachap-pI laden �nrl r'nnctri cti,,,n shall ho -onfr\rmity +hereto, ....�..�...............1. a I.w co st uctlo i shall-be in co � o Tiit�l C c cto. a a a • •- a a•— —a a • a s a a 0111.:111 ..ss otherwise approved. Arch-itectural detailing shall be consistent on all four sides of the building. 284 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25:C-HAP-TER 23: USE REGULATIONS Section 25.1 Reauiremenfs for Specific Usese ., e t 2.,41I restroom entrance-s shall be- screened from of adjacent specifically allowed int t-zon-e, •a• • - a al .-a•- - e ^ a -m.•-- • •• •- •a1 a • e- a • •�• • ••• • a• • •e •- ea ••- -e service bays. Standi areas at pump is and interior - • -a _a_- • - a • a- ea• a- a a- • • ••a• •- ea ••- •• a •• • • -• •e • - a- of the building, shall receive compatible �s+g-n character and detail. . . _ Temporary Real Estate Sales Office 1. The office shall be located within a model home built in accordance with the zoning where such office is located. 2. Temporary real estate sales offices shall be permitted for a period not to exceed 2 years from the date of initial home sales. 3. At his discretion, the Planning and Zoning Administrator may grant extensions of time at the termination of the initial 2 year period. 4. At his discretion, the Planning and Zoning Administrator may grant permission for a temporary real estate sales office to be located in a portable structure. All such structures must be approved by the Planning and Zoning Administrator prior to installation. Y.R. Tennis and Sports Clubs detrimental to the same due to: r.. a_ - - . -as- v •- b. n1 e aeh/1ratPd from within the �;lw vet_ The minimum property size shall be 3 acres. 3. • •• -.• •• •a• • �• as •� —• �••—a v v v + s 4. �. \ a . _7 • A e • • 4-2. Fencing of courts shall not exceed 12 feet in height and may be required to be opaque by the Town Council. Zoning Code/Oro Valley AZ May 2005 285 CHAPTER 25: _H ' T ' : USE REGULATIONS Section 25.1 Section 23.8 Requirements for Specific Uses- -Pei -5 3. There shall be no shows, tournaments, or other activity that would generate more traffic than is normal to a residential area unless access is provided from an arterial street. Permission for such shows and activities may--must be obtained from the Town Council. Permission shall be requested in a tetter that explains the nature and duration of the activity and accommodations for spectators, additional parking and traffic. This letter shall be submitted to the Town Clerk at least 2 weeks prior to the hearing at which consideration is desiredvia a Special Use Permit. 6.1!. There shall be a heavily landscaped buffer strip 50 feet wide adjacent to any residential zoning district or as otherwise determined by the Town Council. .S. Timeshare Plan No use pewit for a timeshare plan shall be granted unless the falUow+ng et: 1. Each timeshare unit development shall have an established association to ensure constant maintenance of the exterior and interior of the development. 2. On-site security shall be provided for each timeshare development. 3. On-site sales are not permitted. 4. These conditions will be reviewed during the development plan phase of the proposed timeshare unit. Any person seeking a conditional use -permit for erection of any new •r • r and wires will be granted only in the event the applicant V health, safety and welfare will not be impaired, ender 1gered or Ieopar1dized by the proposed erontior, 1 n �..��..���v�V�V�..� V1 f V V 1�4/ N 1+ the Flt`J IJL L�.���irL�..:�I����. �� deciding such matter, the initial factor, which shall be resolved prior to discussion of any other factor, shat! be and wires. 286 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: CH-AFTER 23: USE REGULATIONS Section 251 ern -,-Requirements for Specific Uses -s-pe y, D vaaep. "an4ar -f .e i.The location and 14e+g-h# of s poles and wires and the relation to the present or potential roads; li.The crossing of such lines over much traveled iii.Proximity of such lines to schools,churches and other places where people may congregate; such poles and wires and the effect, if any, of the same upon the effecti eness-of fire fig-hting equipment; vi.Future conditions which may be reasonably co ►rse Vv..11 Iv of development; vii.The type of terrain; /... . • a. ou nd installation of such poles and wires with due regard for the comparative costs between underground and overground installations underground installation shall cost more than an overground ins-ta ;alio-n shall not, in itself, c.l n the event such poles and wires are for the sole purpose of carrying electricity or power or for trans fitting of telephone, tea-phi, or television comm-unication through or beyond the Town's boundaries or from one alternative or other routes shall also be considered. 2.Exceptions It is unlawful to erect, possess -or maintain any utility poles or wires above the surface of the gid ---_.._- -•-a-.�.. +. .�..•.... .,.Iv-l V-I Va 1 v+ 11 Va Ia1•1 - except after obtaining a ►D Town Council pursuant to subsection FF.1. above, prov+d•ed, however, this Section shall not be applicable: e- •ee .- •a +v - a I ••-. • - . • +• p ^ y �l�. 1► I V I V I H I V L�.I service, or for the furnishing of power to temporary Zoning Code/Oro Valley AZ May 2005 287 CHAPTER 25:C-HAPTER 23: USE REGULATIONS Section 25.1 Se i Requirements for Specific Uses e- D-v--e- en« Standards f "` •`; e. see ■ •!e• • •- •s• •■ e- -v -a■-e yl as a part of an undergrou-nd distri-bution system, all of the Town Engineer. c.Nor to the erection on the ground surface and flush to the ground of wires in encased concrete or conduit where underground wire installation is not feasible due to special features of the terrain. d.Nor to utility poles and wires erected prior to December 31, 1983. 3.Definitions shall mean poles, towers, structures, wire, cable, i . . .- . ..■ •• . •• ••. •1/• . .. �_ Mr'+ i �� - 1 i - V 1 V 1 V V l 1 power or in the transmission of telephone, telegraph, or b."Existing utility poles- and wires" shall mean such utility poles and wires as are in pa--- --- - = December 31, 1983. wires as are not existing utility poles and ,s and shall include such utility poles and wires as in the future may month period where the remainder of such transmission or distribution line is net also beim replaced-with-in-said period; such replacement excluded from being-new-utility or less size, diameter, height and in the same location as the pole or poles being replaced, and in addition, must h f 1.^ C Tri- r•+1 c c.i t i n n t i r�,- s r+ +- n+ .-r, t i•-. .•! VY I/R-... .. AL - V � - ► -� i ur - - - - -► i i h' +1'^ :�� ., -1IP\� �- -= - -- -Ging replaced. percpt: -e - ea e a a 1 al•a, e -•► i • rI•►�•••l�i->'�A�.�eJ■•t! • ie•7�ivl��i� : e arcade. 288 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.2 Section-2-M-Accessory Uses and StructuresR- men-t Eta n :- omd 1-eandros e&At-41-Districts T. Visitor Accommodations In the R-4R district, commercial uses are permitted appurtenant to visitor accommodation use types, such as restaurants, excluding drive-in or drive-through types, cocktail lounges, and small retail shops; provided that the entrance to any such appurtenant use shall be from the lobby, arcade, or interior patio, unless otherwise approved by the DRB. Section 25.2 Accessory Uses and Structures A. Accessory Buildings -General 1. No accessory building shall be constructed upon a lot unless the construction of the main building has actually commenced 2. No aL;uc�sory building shall be used for dwelling purposes other than by household employees working on the premises or relatives or other non-paying guests. 3. No accessory building shall be permitted in a front yard. 4. If setbacks for accessory building are not specifically called out within the applicable zoning district, accessory buildings must meet all side setbacks and shall not be constructed closer than five (5) feet to any rear lot line. 5. Accessory buildings used as a garage or carport having access from an alley shall not be located closer than 15 feet to the center line of said alley. B. Abandoned or Junk Vehicles 1. All abandoned or junk vehicles undergoing major repairs or being restored shall be stored in an enclosed area by the owner or occupant of the property upon which such vehicle is located in such a manner as to not be visible from any point lying outside the property upon which abandoned or junk vehicle is stored or parked. 2. For the purposes of this Section: a. Abandoned or junk vehicle means a vehicle or any major portion thereof that is incapable of movement under its own power and will remain so without major repair or reconstruction. Zoning Code/Oro Valley AZ May 2005 289 CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.2 Sem Accessory Uses and Structures rop y ev p e St - -4-s fo t: sem.Yom. b. Major repair means the removal from any vehicle of a major portion thereof including, but not limited to, the differential, transmission, head, engine block or oil pan. C. Vehicle means any self-propelled device in, upon, or by ' which any person or property is or may be transported upon a public highway excepting devices moved by human power or used exclusively upon stationary rails or tracks. C. Home Occupations 1. Purpose The purpose of this Section is to: a. Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income. b. Ensure home occupation activities are incidental to, and compatible with, the surrounding residential areas. c. Establish criteria and standards for home occupations conducted in dwelling units in residential zones. 2. Definitions a. A home occupation is defined as business or commercial activity that is conducted from property that is zoned for residential use. b. Home occupation uses (Type I, see subsection 5. below), are allowed as authorized by subsection 5. and regulated by subsection 4, without a public hearing or permit requirement. c. A home occupation use permit, (Type II, see Section subsection 6. below), is permitted when authorized by the Planning and Zoning Commission only after a public hearing, per subsection 9. Home Occupation Permit Requirement a. No Type II home occupation shall be permitted without the prior issuance of a home occupation Type II permit. b. The Town of Oro Valley acknowledges that private covenants, conditions, and restrictions (CC&Rs) agreements exist between private property owners in many homeowners associations. Nothing in Section 290 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25:C :PTER-2-o= USE REGULATIONS Section 25.2 Sem---R-2 -Accessory Uses and StructuresPrcpe- -e-ve-p - - 'a-r—.4-G- N-Grid s i d Q n ti^E O,ic t i cos 25.2.C. of this Code shall be interpreted to void the provisions of those agreements. 4. Home Occupation Standards a. All home occupations, whether authorized and regulated as a Type I or Type II Use, shall conform to the following standards: Employees a) Type I uses, residents only; b) Type II permit, only one (1) non-resident may be employed on the home occupation premises. b. No mechanical equipment is to be used except that which is necessarily, customarily, or ordinarily used for household, non-business, non-commercial purposes. c. Storage of toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other hazardous materials must comply with the 2003 International Building Code and/or the International Fire Code and will not create an unsafe condition. d. There shall be no outdoor open operations, storage, or display of materials or products. e. There shall be no alteration of the property's exterior residential appearance. f. There shall be no alteration of the residential or detached accessory building floor plan which creates a solid barrier between the home occupation area and the remaining floor area of either the residence or a detached accessory building. g. There shall be no process or materials used which are hazardous to public health, safety, or welfare. h. Home occupations resulting in visitors, customers, or deliveries with a potential for creating vehicular traffic in excess of twenty-five percent above that normally and reasonably occurring in a residential area as determined by the Planning and Zoning Administrator, are to be reviewed by the Town as a Type ll Home Occupation. Home occupation uses to be located in non-living space area of a building space will require a building permit to Zoning Code/Oro Valley AZ May 2005 291 CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.2 Se-G-14-of —424--Accessory Uses and Structures` pe4y D s«i_.p e y V -Y convert the area to building codes living space standards prior to occupancy for the home occupation. j. Home occupation uses will be clearly incidental and subordinate to the residential use of the property. They shall not occupy more than 25 percent of the property's living space floor area. k. The home occupation use shall not involve the use or storage of tractor trailers, semi-trucks, or heavy equipment such as contractor's or landscaper's equipment. The home occupation use shall produce no noise in violation of Town Code, Chapter 10, nor shall it produce sustained or obnoxious odors, vibrations, glare, fumes, dust, heat, or electric interference which are detectable and unpleasant to normal sensory perception beyond the perimeter of the property; m. The home occupation shall have no on-site sales or public display of stock-in-trade upon the premises. n. If the home occupation requires the conversion of existing parking for business use, an equal number of off-street parking spaces shall be provided on-site. If the home occupation use requires additional parking beyond existing parking spaces, based on the provisions of Section 27.7, the additional parking shall be provided on- site. o. No signs shall be allowed for any home occupation pursuant to Section 28.9, Prohibited Signs. 5. Type I Home Occupation Descriptions A Type I home occupation may be conducted within the primary dwelling unit, or within a detached accessory building. It has resident employees only and no discernible impact on the residential character of the neighborhood. Type I uses are primarily office or hobby-type and similar scale uses, including but not limited to: a) Architectural service. b) Consulting service. c) Home base office for direct-sale product(s) with no on-site sales, display 292 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25:-C-;APTER 23: USE REGULATIONS Section 25.2 - t o -2- g-Accesssiat Uses and Structures* -o ° •- .. i.- ent Ra a-.Jsfrte:.or .:"t°Z of product(s), or distribution of product(s). d) Drafting or graphic service. e) Dressmaking, sewing, tailoring, or contract sewing (one machine). f) Engineering service. Q) Financial planning, investment service. h) Home crafts (including ceramics with a single kiln up to six (6) cubic feet), but no on-site sales. i) House cleaning service. j) Insurance office. k) Real estate office. 1) Interior design. m) Mail order (excluding direct on-site sales, distributions of merchandise, or pick-ups). n) Sales representative (office only). o) Typing or word processing service. p} Writing, computer programming, or computer applications. q) Child-care service for no more than four (4) (non-resident) children at any given time. r) Flower arranging. s) Jewelry making or jeweler. t) Legal service. u) Tutoring, limited to one (1) student at any given time. v) Music lessons, limited to one (1) student at any given time, provided that provisions are taken to ensure audio Zoning Code/Oro Valley AZ May 2005 293 CHAPTER 25: Gi=1-APTER 2?: USE REGULATIONS Section 25.2 S n-2- -Accessory Uses and StructoresR---r v-q p en—t levels are reasonable within the limits of the Town's Code, Article 10-1-4, Noise. w) Analogous uses as determined by the Planning and Zoning Administrator. 6. Type II Home Occupation Descriptions a. A Type II home occupation may be conducted wholly within the primary dwelling unit, in a detached accessory building, or outdoors as approved by the Planning and Zoning Administrator. It may have one (1) non-resident employee on the home occupation premises, and it may have some minor, adverse impact on the neighborhood. Outdoor sport lessons, such as tennis, volleyball, racquetball, baseball, equestrian, or bicycle. ii. Bed and breakfast service_ iii. Tutoring, teaching, and music lessons with more than one (1) student, but not more than six (6) students, at any one (1) time and provisions are taken to ensure audio levels are reasonable. iv. Child-care group home, caring for five (5) to ten (10) children, age twelve and under, also, prior to the operation of the child-care group home, an Arizona Department of Health Services (ADHS) State approval is required. v. Small electronic component assembly, excluding television repair, refrigerator, and large appliance repair. vi. Massage therapy. vii. Contractor's office, including businesses, such as, landscaping, masonry, plumbing, or painting, (excluding equipment/materials storage yards). viii. Analogous uses as determined by the Planning and Zoning Administrator. 7. Prohibited Home Occupation Uses a. Some uses are prohibited because they have the potential to involve the storage or use of large vehicles or equipment on-site; create traffic or parking problems; create excess noises, odors, or other adverse impacts; 294 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: CHAPTER 23: USE REGULATIONS Section 25.2 tion 23.8 Accessory Uses and StructuresR pe -DieIop Sta-P4ar-d-s--for-N-encesi-dentia I Districts or to expand beyond the limits permitted for home occupations. These include but are not limited to: Ambulance service. ii. Appliance repair. iii. Automobile repair, parts sales, upholstery, detailing, washing, or painting. iv. Beauty parlors, skin care salons, tattoo parlors, and barber shops. v. Carpentry or other woodworking such as: cabinet making, furniture making, or volume- produced wood products. vi. Boarding house. vii. Ceramics (kiln over six (6) cubic feet).Cei amics six viii. Health salons, gyms, dance studios, and aerobic exercise studios. ix. Helium balloon service. x. Limousine or pedicab service. xi. Medical or dental office. xii. Mortician or hearse service. xiii. Palm reading or fortune telling. xiv. Private clubs. xv. Commercial food preparation. xvi. Retail sales from site (except direct distribution). xvii. Tow truck service. xviii. Upholstery. xix. Veterinary uses including grooming or boarding. xx. Ongoing garage sales excluding private homeowner's garage sales not exceeding one (1) garage sale per quarter. Zoning Code/Oro Valley AZ May 2005 295 CHAPTER 25: T\PTER 2-3 USE REGULATIONS Section 25.2 -n -Accessory Uses and Structures rcp - - vei-o- i s c w �c�s v T—r—...'Tr'.�••r'rr c c..s c .... xxi. Motorized outdoor sport products, such as: radio controlled miniature airplanes, motorcycle track, go-cart racing. xxii. Photo developing or photo studios. xxiii. Welding shop. xxiv. Analogous uses as determined by the Planning and Zoning Administrator. 8. Review and Appeal Procedure a. Type II home occupation permits, which may be revocable, conditional, or valid for a term period, may be granted or denied by the Planning and Zoning Commission after a public hearing and a finding that the use meets the home occupation standards herein. The public hearing will be scheduled and noticed as follows: The date of the public hearing before the Planning and Zoning Commission shall be set no more than 50 days from the date of application. The date, time, and place of such public hearing and the nature of the use permit requested shall be published in a newspaper of general circulation in the Town of Oro Valley and one (1) notice of the said hearing shall be posted conspicuously on the property. Both such publication and posting shall give 15 days notice of such Planning and Zoning Commission meeting. It shall be the responsibility of the applicant to maintain the posting. ii. The notice, as published and posted, upon application, at the applicants request shall be sent by regular mail to property owners of property within 300 feet, not less than 15 days prior to the date of the first public hearing. The applicant shall submit to the Town Clerk an accurate verified list made within 60 days prior to the date of hearing before the Planning and Zoning Commission giving the names and addresses of the recorded owners of all properties, any part of which is within 300 feet of the proposed use permit, or more as the Planning and Zoning Administrator may determine necessary to provide reasonable notice. Failure of property owners to receive such notice shall not invalidate a use permit that may be subsequently approved. 296 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25:CHAPTER 23: USE REGULATIONS Section 25.3 Sem-Fn 23.8 Temporary Uses and SP-- apeap �. S , ,, €s is c i •. _ .r. iii. Decisions of the Planning and Zoning Administrator may be appealed to the Board of Adjustment within 30 days from date of decision. Decisions of the Planning and Zoning Commission may be appealed to the Town Council within 30 days from date of decision. 9. Validity of Type II Home Occupation Permit The Planning and Zoning Administrator may cite any home occupation use for non-compliance with the criteria set forth in this chapter and/or conditions set by the Planning and Zoning Commission. Revocation may take place at any time it is determined the home occupation is in non-compliance. If the permit is revoked, it becomes null and void, and said use shall be terminated immediately. 10. Inspections A home occupation property owner shall permit inspections of the premises by the Planning and Zoning Department to determine compliance with this chapter. D. Swimming Pools 1. No swimming pool shall be located closer than 5 feet to any rear property line. 2. Swimming pools shall be subject to the front and side setbacks of the zone in which they are permitted. 3. Any portion of a pool wall constructed with a distance from a property line less than the depth of the pool may be subject to special structural requirements. Section 25.3 TemporaryUses and Structures A. Special Uses 1. Special Use Permits a. The Planning and Zoning Administrator may approve permits for special uses (see Chapter 31, Definitions) for any temporary use of property, developed or undeveloped, within the Town of Oro Valley. b. Approval shall account for the potential negative impacts of the proposed special use on surrounding properties with respect to: Zoning Code/Oro Valley AZ May 2005 297 CHAPTER 25:CHAPTER 23: USE REGULATIONS Section 25.3 S-Gt n--23.8-Temporary Uses and Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination; ii. Hazard to persons and property from possible explosion, contamination, fire or flood; iii. Unusual volume or character of traffic not adequately addressed through traffic control measures; and, iv. Compatibility of said special use with the surrounding area c. If potential negative impacts are not extant or can be mitigated, and all Town concerns are or can be satisfied, the Planning and Zoning Administrator may approve and authorize issuance of the requested special use permit. A time limit, not to exceed 60 days, and any other conditions deemed necessary to protect the public health, safety and general welfare, may be imposed as conditions. d. At his/her discretion, the Planning and Zoning Administrator may grant temporary modifications to Zoning Code requirements specific to the needs of a special use on a case-by-case basis. Any such modification approved shall not be construed as precedent setting, nor shall it be deemed applicable to any other special or permitted use. 2. Other permits required Subsequent to approval, the applicant for the special use permit must obtain from the Town Clerk all necessary business and tax licenses required to operate within the Town and any other required permits, such as those for signs. 3. Revocation of Special Use Permit The violation of any condition imposed by the Planning and Zoning Administrator on special use permit approval shall constitute a violation of this ordinance and, subject to 24 hours' notice, said permit may be revoked. If revocation of a special use permit occurs, said special use must be curtailed at the end of the 24 hour notification period. B. Basement or Cellar Occupancies No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed, and in no event shall the basement or cellar be occupied for longer than two (2) years from the time of completion of the basement or cellar. 298 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: APTE- USE REGULATIONS Section 25.3 S -2 -Temporary Uses and Structures - pe y De..e4opr�pent + •. o„ -f �!.o w..-��i'd�+ tea_ r".2.�:cft C. Temporary Buildings Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary buildings shall be removed upon completion or abandonment of the construction work. Absence of work on a project for 60 days will constitute abandonment. Temporary buildings and trailers must be removed within 30 days of project completions. D. Temporary Mobile Home Occupancies Upon issuance of a building permit, a mobile home/trailer may be used for dwelling purposes for not more than 180 days during construction of a residence on the same premises, which period may be extended for an additional 90 days upon application to the Planning and Zoning Administrator if there is evidence of special circumstances. Zoning Code/Oro Valley AZ May 2005 299 ACT-TAC H 1'1 1 E t !T #4 APPROVED MINUTES PLANNING COMMISSION REGULAR SESSION JUNE 7, 2005 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL PRESENT: Chair Don Cox Vice Chair John Anning Commissioner Bill Adler Commissioner Pete Bistany Commissioner Doug McKee Commissioner Teree Bergman EXCUSED: Commissioner Don Manross OTHERS PRESENT: K.C. Carter, Council Member Conny Culver, Council Member Barry Gillaspie, Council Member Paul Loomis, Mayor Joe Andrews, Civil Attorney Jeff Weir, Economic Development Administrator Bryant Nodine, AICP, Planning and Zoning Administrator Bob Conant, Senior Planner CALL TO THE AUDIENCE open and closed at 6:03 p.m. there being no speakers. MINUTES MOTION: Commissioner Adler MOVED to approve the April 26, 2005 Planning and p Zoning Commission Special Session meeting minutes as written. Vice Chair Anning seconded the motion. Commissioner McKee pointed out the following correction: Page 5, 2nd paragraph, change the word "perimeters" to "parameters". Commissioners Adler and Anning accepted the correction. Motion carried as corrected 6 yes, 0 no. MOTION: Commissioner Adler MOVED to approve the May 3, 2005 Planning and Zoning Commission regular meeting minutes as written. Vice Chair Anning seconded the motion. Chair Cox pointed out the following correction: Page 5, paragraph starting Mr. Conant replied, change the word "degree" to "decibels." Commissioner McKeepointed out the following correction: Page 6, 2ndparagraph, change the word "feet" to "feel". Commissioners Adler and Anning accepted the corrections. Motion carried as corrected 6 yes, 0 no. June 7, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 2 . Chair Annin MOVED to approve the May 9, 2005 Planning and MOTION: Vice g Zoning Commission Special Session meeting minutes as written. Commissioner Adler seconded motion. Motion carried, 6 yes, 0 no. 1. PUBLIC HEARING: OV8-05-02, MARTACELLA HOLDING COMPANY LLC., REPRESENTING MERCADO DEL RIO LLC., REQUESTS APPROVAL OF A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SERVICE FACILITY ON LOT 12 OF MERCADO DEL RIO COMMERCIAL SUBDIVISION, LOCATED ON THE NORTH SIDE OF PUS CH VIEW LANE AND WEST OF ORACLE ROAD, PARCEL 224-28-2640 Applicant Kit Donley, 1980 E. Palisades Rd., introduced John Reddell, Architect for the t. Mr. Donleyexplained that the only difference in this project is that the above pro�ec g ownership has changed and this is now an investment property, so the property will be for lease and things could change overtime as to who is operating. Reddell, Architect, 2501 N. Hayden Rd., Suite 103, Scottsdale. Lot 12 is an auto John service buildinglocated between lot 11 to the north which is a full service car wash and on lot 13 is a nother auto service related building. The building is oriented so all the bay doors open to the east. Circulation and parking is all to the rear of the building with a minor amount to adjacent north side adjacent to the car wash. Circulation is from either side. Included is a service bayarea with five doors and a drive through lube facility. We worked y with Staff on the layout and vehicular circulation in order provide the best route through the it without anyinterruption to the existing approved sites to the north and south. lube facility p People canup pull and enter the waiting area while their car is being serviced and then pick upand exit. The service bays are for more long term service. Commissioner Adler asked if the people who were there for longer term service pulled into the bays themselves. Reddell responded that veryfew uses allow a private citizen to pull their car into the Mr. p facilities because facilities of the liabilities. Employees would move the cars. There is enough depth ofarea provided rovided in front of the bays for people to pull their cars out of the driveway circulation and not inside the building. Commissioner Adler asked if after their service is completed and they exit to the north turning left, is there any problem with traffic from the car wash interfering? Mr. Reddell said theyworked with the Staff Traffic Engineer. Originally the building was flipped and there was conflict with the user of the building to the south. When we flipped it over, we also pulled the building back and there is enough area for people to view any oncoming traffic. The exit is also designed as a full perpendicular, which is the best visual control. Commissioner Adler asked with the long term service users, are there likely to be cars in partial stages of repair stored overnight in the parking lot? June 7, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 3 Mr. Reddell replied that the buildinghas ample space to store cars inside. He also told Adler that the people exiting the Brakemaster will exit to the north and use Commissionerp p the south egress/ingress. Mr. Reddell responded to Commissioner Bistany that the approximately 1,300 square feet, second story will be used for offices. Mr. Reddell told Commissioner Bergman that the pedestrian connections are from the south across Brakemasters, crossingthe driveway and continuing up to the carwash. There is also a pedestrian edestrian connection from Brakemasters on the east side that ties into our site. Mr. Reddell told Commissioner McKee that he did not know what will be going into lot 15. Mr. Donley said that there are onlytwo lots that we may still seek a Conditional Use for auto service. At this time we are trying for retail use as an auto zone parts or detail stereo type shop. Mr. Nodine gave the Staff Report. Commissioner Adler said his key concern was the traffic entering and exiting and its relationship with the traffic from the adjoining properties. How do you evaluate volume for these kinds of uses and at what point does an undesirable relationship exist? Mr. Nodine replied that where conflict starts is when access points don't line up with each other. On this site to the south and north there are access points that are full access in up and out to the west and theyline with others that are part of this project. In this type of low volume traffic you typically don't even need stop signs. PUBLIC HEARING Opened and closed at 6:25 p.m. there being no speakers. MOTION: Commissioner Adler MOVED to recommend approval of OV8-05-02, conditional use nalpermit for an automotive service facility on lot 12 of the Mercado Del Rio Commercial Center, subject to the conditions listed in Exhibit A. Commissioner Bistany seconded the motion. Motion carried, 6 yes, 0 no. 2. CONTINUED ITEM, PUBLIC HEARING, OV7-01-09, AMENDING THE ORO VALLEY ZONING CODE REVISED BY AMENDING CHAPTER 8 COMMERCIAL DISTRICT REGULATIONS AND CHAPTER 9 CONDITIONAL USE REGULATIONS Mr. Nodineg ave the Staff Report, which addressed the comments that have come up as a result of the public hearings. Commissioner Adler addressed the following issues and Mr. Nodine responded: • Chapter 8, permitted uses A. Delicatessen is listed as a permitted use, but it is also p a convenience use in our Zoning Code and therefore requires a Conditional Use Permit (CUP). June 7, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 4 Staff agrees. It is a definition in Chapter 2 that needs to be fixed. A Response: g \ delicatessen could only be a convenience use where it has 20% or more disposable containers. They should be removed from convenience use. • Restaurant is listed as a permitted use. Neighborhood Commercial is in immediate proximity to residences and there is a concern that restaurants with outdoor seating could be intrusive. That should be identified in this draft as needing a CUP. Response: Staff has treated restaurant as restaurant in general. Outside seating should be left to the Commission's discretion because of the potential noise. • Commissioner Adler had the same concern under services regarding day nursery or pre-school with outside play areas near residential areas. Day nurseries or pre- school with outside recreation areas on the property should require a CUP. This is commercial project on small pieces of property. Response: Staff felt this should be the Commission's discretion. He pointed out that this could be dealt with the design of the site in the Development Plan. Also, the CUP is not an onerousP rocess. A CUP could be run at the same time as the Development Plan. • Analogous uses: should it be just the Planning and Zoning Administrator who g determines that use or should a couple of Commissioners meet with the Administrator to determine the analogous use and whether it complies? The Commission should have a chance to comment. Response: The current approach is for the Commission to make the decision. The proposed approach is for the Planning and Zoning Administrator to make the decision. P PP If the Administrator interprets the code, it can be appealed to the Board of Adjustment. Mr. Nodine replied to Commissioner Bergman's questions regarding frequency of this type of decision, that he has only had 2 or 3 in 10 years. Analogous use determinations are usually fairly clear. • Plant Nurserystorage: Does outdoor storage include display, i.e. outdoor sales? Response: This is for storage of plant materials, not as a display area in front with price signs. There is a separate portion of the Code that is on the work plan to deal with displays on sidewalks. • In C-1 and C-2, is there any way to limit the number of identical uses in the same parcel? Response: Most of these uses could be handled with a CUP. Limiting the number would restrict the market which becomes a planning issue. It would need to be something regarding quality of life, traffic, public safety; basically fitting under public g health, safety and welfare. These should already have been reviewed through a CUP process where any that could create a problem have been identified. Attorney Andrews added that aside from the planning issues of prohibitions in zoning, he had definite legal issues with putting prohibitions in zoning. June 7, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 5 Commissioner McKeeon page said a e 8, 103.A it says uses shall be no greater than 5,000 square feet Y you peruse. That says can't have more than one use per parcel if they total more than 5,000 square feet. Mr. Nodine said appealed it maybe a ealed to the Board of Adjustment, but his interpretation is that it isp er use. We can work on the wording to clarify. Attorney Andrews said the language will be clarified. Commissioner Adler said in C-2, Automobile sales is subject to a CUP. Where does it relate to automobile repair? Is that an analogous use? Mr. Nodine said it would be "all uses subject to Conditional Use Permit in C-1 zoning district thatare permitted not uses in C-2." This would be carried over into the next more intense district if it is a CUP, and kept as CUP unless it is provided as a permitted use within that district. Commissioner Anningasked Mr. Nodine to give examples of locations, and of businesses that might be seeking the CN designation. Mr. Nodine said there are veryfew CN districts that are currently designated in the General P . pointed He out sites at Tangerine and La Cholla, and also north of Tangerine. Most of the others have zoning already. There is a lot south on Oracle Road that has R1-144, but CN is not appropriate for Oracle Road because of our concern for stripcommercial. Along Oracle you tend to get businesses attracted to smaller sites that would not be geared to serving the neighborhood. All others have commercia l zoning, either PAD or C-1. The only other exceptions are around the Rock Ridge Apartments which are R-6 parcels and would be looked at as not being Neighborhood Commercial. said CN is probablythe least used district. There are currently two CN Mr. Nodine properties in the Town. He does not anticipate people will come in looking for it, but it is a tool for the Town to use to create commercial on smaller sites. Commissioner Adler said in Chapter 9 there are restrictions placed upon antenna. Placing restrictions on antenna is prohibited for aesthetic reasons. The FCC doesn't HOAs to restrict placements of dishes unless there is a hazard. Has the allow Department considered that? Andrews replied that we have considered that and the Telecommunications Attorney Act says we can't prohibit, it does not say we cannot restrict or regulate. We cant, keep them from findinga suitable site. We place a processing criteria under which you can an antenna if you can find a site, and if you can get it developed under our place criteria. It is an opportunity not a prohibition. Commissioner McKee commented that in some parts of the country wireless broadband communications is being installed for a whole town. These require antennas but lookin at the restrictions, it discourages the application of that June 7, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 6 technology to this Town. The might be viewed as a disincentive to implementing a \ technology that would help the residents and businesses. We need to keep an open mind about this as the new technology comes forward. Commissioner Bergman said Neighborhood Commercial typically has permitted use of repairp , shops, i.e. shoes, computers, etc. Is that anything that should be considered? Mr. Nodine replied that we did consider it and decided not to include in the neighborhood commercial because of the concern that when you start to define repair, what kind of tools will be used. It could be included as a CUP if the Commission desires. We did provide an option for shoe repair. Commissioner Bergman noticed that a couple of uses specifically allowed up to 9,000 square feet of gross floor area. Would health spas and fitness centers fit in a 5,000 q square foot building? Mr. Nodine said we looked at the ULI information, but could not recall what the study said. Commissioner Bergman asked about the district for schools and churches and the abilityof communities to regulate churches which was influenced by the passage of some federal legislation a couple of years ago. Is all of this allowed by the Religious Land Use and Institutionalized Persons Act (RLUIPA)? Attorney Andrews said he is well versed in RLUIPA. You can't say that a church is not goingto be allowed in certain areas of the Town when other uses that are more nuisance oriented than a church would be allowed. There is a special zone that provides for the church use. If someone tried to place a church in the middle of a residential area, RLUIPA says we will have to allow them to place it there. If someone gets the specific church zoning they have more protection in a well crafted zoning district. Mr. Nodine said when RLUIPA came out, we looked at adding churches to all the commercial districts, which you will see in the code now. We knew it wasn't going to meet the law to restrict them out of commercial areas. Commissioner McKee said on Page 11, Chapter 8, building heights are specified for auditoriums and gymnasiums. When does a gymnasium become an auditorium? Mr. Nodine said that would be an interpretation. An auditorium is set up where there is a stage and raised seating. A gymnasium has temporary seating and a stage at one end. When there is raised seating and a stage with lighting and pulley systems 45 feet is needed. Commissioner McKee said the minimum property size for TP is 5 acres. The General Plan list of parcels normally designed at TP had many that were less than 5 acres. Isn't this minimum restriction a problem? June 7, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 7 parcels Nodine said were there less than 5 acres, but when you look at a development of a site, you are not lookingat individual parcels but a number of parcels size is mentioned, it is the property being rezoned, not all put together. When property . that are part of that property. In the General Plan there is no site the individual parcels designated for Commerce Office Park that is less than 15 to 17 acres. Commissioner McKee asked if the revised code will apply to the area north of Tangerine. Mr. Nodine said not in terms of minimum property size because that is defined in the PAD. Commissioner Adler said in the CN district there are 5,000 square foot business schools permitted subject to a CUP. In the site standards for schools and churches, a pp school is supposed to have a minimum of 5 acres. Is that a conflict? private Nodine said a it could be school, different from that in the schools and churches district because it doesn't offer the standard parochial school curriculum. We would look at that as a commercial use. There isn't an issue regarding the 5 acres because you are not lookingat the same type of facilities being in that school as in a parochial school. pointed out on page 8-10, #7, permitted uses include private schools having Mr. Nodine p g a curriculum equivalent to public schools, with related services and activities. This was q to provide an opportunity for private schools with a typical curriculum, not a business pp Y type of school. Commission McKee commented that on page 8-14, in TP district, we are limiting the gross floor area to 15,000 square feet unless the lots size exceeds ten acres. What is the reason for this and how much reduction in total available building space will that cause? Mr. Nodine replied that the concern was to try to limit the mass of buildings and try to groups create sites rou with s of smaller buildings versus one site with one big building with a kin around it. It would probably not limit building space by more than 10%. mass of parking PUBLIC HEARING Opened at 7:23 p.m. Keri S i lvy n, One S. Church, spoke representing a group of commercial developers: Evergreen Devco, Diamond Ventures, CDO Partners, B.P. Magee and Vestar. Their concerns were all related to Chapter 9. The Commission took a five minutes break for copies of the matrix to be retrieved, 7:25 p.m. to 7:30 p.m. Ms. Silvyn presented a matrix showing those concerns, what the issues are and suggested revisions (see attached). June 7, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 8 PUBLIC HEARING Closed at 7:45 p.m. responded to the issues Ms. Silvyn Nodine n addressed in the matrix she presented.Y • 9-102.F.1, the 40 decibels could be changed to the abutting residential development property lines. 40 decibels are based on the previous Town Code which had a level of sustained noise of 40 decibels at the property lines. A quiet neighborhood is defined as 45 decibels. p • 9102.F.2, external speaker concerns are covered by an approved outdoor entertainment venue, i.e. a restaurant with live entertainment area. 9-102.H.1,• an opaque o a ue barrier would be fine. It would not have to be walled. • 9-102.H.4, pp rohibition of dispensing machines is for aesthetic issues. • 9-102.1.2.a, pedestrian circulation, he would not recommend changing the word "must" to "should" because at that point it is no longer a standard, but is a design guideline. The wording "must where possible" would give more option. • 9-102.K, the wordingneeds to be redone so it talks about the property lines of the commercial site itself. The 18' limit on the canopy is so it won't go above the adjacent buildings. • - .1.a regarding convenience uses, this could be deleted. The new code has 9109.A g g all submittal requirements pulled and they can be revised. • 9-109.A.2.a, the 250 feet is not based on mitigating noise, but is to give the opportunity to block noise and to place other buildings in between. This also oppo y pushes convenience uses towards the center of a site. • 9-109.A.2.b, same as above. • 9-109.A.2.c., that is where the measurement is made from. • 9-109.A.3, the reason for one pad per 4.5 acres of shopping center or office park is to limit the amount of fast food restaurants, mini-marts, etc., and to make sure they arep art of a development and not a stand alone approach. , • 9-109.A.4.a, all convenience uses shall be accessed through a common driveway is to make them part of a development. • 9-109.B,.B the reason for including banks and financial institutions as convenience uses is because of the drive-through. Any drive-through has impacts on surrounding properties. Banks can be all night use. • 9-109.B&C, analogous uses, the definition in the Code is any use substantially g similar to theermitted use and should not be any more deleterious, obnoxious or p . . . harmful in terms of traffic generation, use impacts and types of activities involved. Thep roblem with the definition is when we are trying to define convenience uses, which analogous uses would be ones that are more deleterious. In this case the g , easiest thingwould be to delete the analogous uses. That doesn't allow the . Planning and ZoningAdministrator to add a similar type of convenience use when P g one comes up impacts looks like it will have the same types of as the ones listed. • 9-109.C.1 Convenience uses shall not be open for business until a minimum of 50 percent of the net floor area for the non-convenience use structures within the center have been constructed. The rational for this is so a developer will shopping not come in and develop all the pads and walk away from the site and leave the rest undeveloped. June 7, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 9 • 9 109.D.2.a.1, regarding kiosk style gas stations, under Tier II Convenience Uses, standard size for gas stations, which is 36,000 square feet, which is a we set a kiosk is goingto go on a site that is smaller. We could write stand alone. A language suchfueling as "except kiosk stations within a shopping center" which allows the kiosk to go on a pad. • 9-109.C.2.b.1, regarding g ardin carwashes, the technology is available for the best recycling. The word "most" can be eliminated and state "the current recycling technology". percentrecycling Seventy can be achieved, so that can be included. Commissioner Adler said he would support Ms. Silvan's suggestion regarding submittal requirements for CUP. Adjustingthe language for the kiosk gas station and the recycling requirementsjust as described by Staff are acceptable. The other points need to be left alone. The Planning Commission needs to have some input on analogous uses. Commissioner McKee said the noise from loud speakers is a problem if increased to 60 db and a allowed to apply to music for outdoor dining areas. He would support Commissioners position Adler' on noise. The point regarding the 250 feet distance from residential area, would it work to say this convenience use cannot border an adjacent residential district? Mr. Nodine told Commissioner McKee said if you mean border as immediately adjacent to, or an interveninglot, there would have to be something related to an intervening use p or noise, visual impact, etc. We are trying to define how to separate the use by p creating a distance separation. The Development Plan would create the design element of separation. Commissioner McKee asked if it would make sense to have a limitation for Tier I and an additional limitation for Tier II, so you could have more than just two drive throughs. Mr. Nodine said he could see the rational for doing that because the traffic impacts of a drive through drug hrou h store compared for a drive through restaurant is tremendous. Commissioner Bergman said regarding the noise issues, a lot of ordinances that put noise levels them in terms of how much time per hour that noise level can be exceeded. Noises become irritation when they are at a high level for an extended period of time. Should we define a time limit for a certain level of decibels? How would you enforce this? Commissioner Adler said the police can enforce noise issues. A defined time period would be more difficult to enforce. Noise is an objectionable intrusion in people's lives and should not be compromised. June 7, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 10 Commissioner Adler MOVED to recommend to Town Council approval MOTION: of the recommended amendments to Chapters 8 and 9 of the Oro Valley Zoning Code Revised, with the necessary or appropriate adjustments in language to: • Accommodate the kiosk gas station • The recycling technology requirements for car washes, • The submittal requirements for Conditional Use Permits having to do with the type of conceptual development plan, • Stipulating that a CUP will be required for a restaurant with outdoor p g seating, • Stipulating that a CUP will be required for pre-school or day care center p g with outdoor recreational area adjacent to a residential area, • An agenda committee of the Planning Commission be arranged so when an analogous use is determined by the Planning and Zoning Administrator, there are two Commissioners as a part of that determination. MOTION DIED FOR LACK OF A SECOND. There was discussion as to whether this item should be moved forward to Council or if it was necessaryto study the issues further. The Commission decided before they could make a motion the items that have been discussed needed to be clarified. A 15 minute break was taken while Mr. Nodine, Mr. Conant, and Attorney Andrews compiled a list of the issues and suggested action. BREAK 8:30 p.m. to 8:45 p.m. Mr. Nodine explained the compiled, clarifying list and the Commissioners voted on each item separately. The Commissioners voted on the following changes to Chapters 8 and 9 of the Oro Valley Zoning Code revised prior to making a motion: #1. Section 9-102.F.1 — Noise from internal loudspeakers, paging systems, live entertainment, or stereo speakers shall not exceed 40 decibels at the property line of any adjacent residential district. Vote: 4 yes, 2 no, Commissioners Adler and McKee voting no. #2. Section 9-102.H.1 - Outdoor storage and activity, change the wording from "walled area" to "barrier." Vote: 6 yes, 0 no. #3 Section 9-102.l.2.a — All building on the site, parking areas, bicycle parking, recreational areas, common outdoor areas, and amenities must be interconnected, where possible. Vote: 5 yes, 1 no, Commissioner Adler voting no. June 7, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 11 #4. Section 9-102K — Canopies, change the wording regarding location from "to any or rear property roperty line" to "from property line of the project." Vote: 5 yes, 1 no, Commissioner Adler voting no. #5. Section 9-109A.1.a — Delete. Vote: 6 yes, 0 no. #6. Section 9-109.B and C — Delete the wording "and analogous uses as determined by the Planning and Zoning Administrator." Vote: 4 yes, 2 no, Commissioners Adler and Bergman voting no. #7. Section 9-109.C.2.a.1 — Mr. Nodine will draft an exception regarding the minimum site size for kiosk gas stations. Vote: 6 yes, 0 no. #8. Section 9-109.C.2.b.1 — Mr. Conant will rewrite the wording to express that equipment provide for a minimum of 70% recycling for carwashes rather than the most current recycling technology and equipment. Vote: 6 yes, 0 no. #9. Reduce the minimum property size for Technological Park District from 5 acres to 3 acres. Vote: 5 yes, 1 no, Commissioner Adler voting no. #10. For Technological Park District, change to provide that the gross floor area of any one structure may be greater than 15,000 sq. ft. building size with a Conditional Use Permit. Vote: 6 yes, 0 no. #11. Analogous uses may be approved by Planning and Zoning Administrator (as Y pp proposed in the draft code). Vote: 6 yes, 0 no. #12. Restaurants with outside seating within the C-N, Neighborhood Commercial District require a Conditional Use Permit. Vote: 6 yes, 0 no. #13. Pre-schools with outside play areas within the C-N, Neighborhood Commercial District require a Conditional Use Permit. Vote: 3 yes, 3 no. Commissioners Adler, Bistany and McKee voting yes, Chair Cox, Vice Chair Anning and Commissioner Bergman voting no. Motion failed. #14. The wording at the beginning of CN and C-1 related to the size of uses versus individual businesses will be clarified. Vote: 6 yes, 0 no. MOTION: Vice Chair Anning MOVED to recommend that the Town Council approve the recommended amendments to Chapters 8 and 9 of the Oro Valley Zoning Code Revised, with the above voted on changes. (Note that #13 failed, all other changes were approved.) Commissioner McKee seconded the motion. Discussion: Commissioner Adler felt that an amendment should be made that there will have to be a change regarding the definition of convenience use which now includes delicatessen in Chapter 2. June 7, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 12 Attorney Andrews said that because this was not noticed in the agenda, it can't be \ discussed under the open meeting law. Staff is aware that there is a conflict in the code and it will be fixed. If this issue came up, Mr. Nodine would have to make an interpretation. Motion carried 6 yes, 0 no. 3. INITIATION, QV7-05-05, AMENDING THE ORO VALLEY ZONING CODE REVISED CHAPTER 4, SUBDIVISIONS AND DEVELOPMENT PLANS, AND CHAPTER 2, DEFINITIONS, TO PROVIDE MINOR LAND DIVISIONS REGULATIONS Mr. Nodine gave the Staff Report. MOTION: Commissioner Bergman MOVED to initiate an amendment to address minor land division's regulations. Vice Chair Anning seconded the motion. Motion carried, 6 yes, 0 no. 4. INITIATION, OV7-05-061 AMENDING THE ORO VALLEY ZONING CODE REVISED CHAPTER 8, COMMERCIAL DISTRICTS; ARTICLE 9-1, CONDITIONS FOR SPECIFIC USES; AND CHAPTER 2, DEFINITIONS, TO REGULATE SEXUALLY ORIENTED BUSINESSES Mr. Nodine gave the Staff Report. Commissioner Bergman asked if the zoning ordinances are the best place to make this change. A lot of communities have opted to regulate sexually oriented businesses through separate ordinances rather than trying to through zoning. Attorney Andrews said that is where it is currently, so that is where we are placing it. It may be something we could place as a Town Code provision or otherwise, but at this point in time because we are regulating uses, it is very zoning oriented. MOTION: Commissioner Bergman MOVED to initiate an amendment to regulate sexually oriented businesses and related activities. Vice Chair Anning seconded the motion. Motion carried, 6 yes, 0 no. PLANNING UPDATE • Vestar development plan came in, in early May. • Steampump Village broke ground June 7. • Rancho Vistoso Trails: We are getting a public easement over the majority of trails that are in the Rancho Vistoso PAD. • Planning and Zoning Commission Rules, the R1-300 zone, the Airport Environment Zone, and the Comprehensive Code were all approved by the Town Council with no changes. • An orientation for new members of Board and Commissions will be at the end of June. June 7, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 13 • The General Plan is going to a StudySession on Wednesday, June 8th and to the Town Council the following Wednesday for a Public Hearing. This was Don Cox's last meeting. He was thanked for many years of service. ADJOURN REGULAR SESSION MOTION: Chair Cox MOVED to adjourn the June 7, 2005, Planning and Zoning Commissionregularmeeting.meetin . Commissioner Bistany seconded the motion. Motion carried, 6 yes, 0 no. Meeting adjourned at 9:15 p.m. Respectfully submitted, Diane Chapman, Recording Secretary ATT/\C H IV1 E NT #5 LEWIS Keri L.Silvyn SEP 0 9 200 AND Direct Dial:(520)629-4438 ROCA Avenue Suite 00 - 21 One South Church 7 Direct Fax:(520)879 4� Tucson,Arizona 85701-1611 KSilvyn@lrlaw.com -LLP--- Admitted in:Arizona LAWYERS Our File Number: 34368-00020 September 7, 2005 Mayor and Council Members C/o Mr. Bayer Vella Town of Oro Valley 11,000 North La Canada Drive Oro Valley, Arizona 85737 Re: Town of Oro Valley Commercial Code update Dear Mayor and Council Members: Our firm is representing a group of commercial developers who have been g develo in projects in the Town of Oro Valley. Our clients are Evergreen Devco, Inc., p Canada Del Oro Partners, Diamond Ventures, Inc., Vestar Arizona XLI, L.L.C., and Bourn Partners LLC. We have been working with Town staff and the Planning Commission on the commercial code update that you will be considering at your October 5, 2005 meeting. Attached to this letter is a matrix that references certain sections of the proposed code, explains our client's concerns with that section, and then makes suggestions for revisions of the same. We are very pleased that this matrix has been reduced down to less than a dozen concerns, as it started out as a 25-30 page document. Town staff and the Planning Commission worked very hard to address many of the concerns, and we appreciate that. This matrix covers the remaining concerns. Ifou have anyquestions or concerns, please feel free to contact me directly. y Sincerely, 411 Keri L. Silvyn KLS/cic cc: Mr. Gregg Alpert, Evergreen Devco, Inc. Mr. Mark Weinberg, Diamond Ventures, Inc. Mr. David Malin, Vestar Arizona XLI, L.L.0 Mr. Paul Schloss, Bourn Partners, LLC. 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