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ORO VALLEY TOWN COUNCIL
STUDY SESSION
DECEMBER 1, 2003
ORO VALLEY TOWN COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
STUDY SESSION - AT OR AFTER 4:30 P.M.
CALL TO ORDER
ROLL CALL
1. Discussion of the following employment issues potentially affecting the Town's public
safety employees:
A. Meet and Confer Initiative
B. Wage and Benefit Negotiation Process
C. Selection for Special Assignments
D. Grievance Review Board Process
2. Discussion and Review of amendments to the Oro Valley Zoning Code Revised -Chapter 8,
Commercial District Regulations and Chapter 9, Conditional Use Regulations
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 Town Clerk's Office at 229-4700.
Posted: 11/26/03
4:30 p.m.
Ih
i
TOWN OF ORO VALLEY
Study Session
COUNCIL COMMUNICATION MEETING DATE: December 1, 2003
TO: HONORABLE MAYOR & COUNCIL
FROM: Charles F. Sweet, Town Manager
SUBJECT: DISCUSSION REGARDING RESOLUTION OF EMPLOYMENT ISSUES AFFECTING THE
TOWN'S PUBLIC SAFETY EMPLOYEES
SUMMARY:
Mayor Loomis and Council Members voted at the November 19, 2003 Council Meeting to hold a Study Session
on December 1, 2003 to discuss issues regarding Public Safety Employee Associations and other issues that
affect working conditions with the Town's Public Safety Employees.
ISSUES:
A. Meet and Confer Initiative
• Sample Provisions Summarized
• Town of Oro Valley Personnel Policies&Procedures#29
• Proposed Meet and Confer Initiative
B. Wage and Benefit Negotiation Process
• Discuss current Oro Valley Policy
• Oro Valley Town Code 4-1-7 and 4-1-8
C. Selection for Special Assignments
• Oro Valley Personnel Policies&Procedures #6
• 0.V.P.D. "Outside Special Assignment philosophy, eligibility and selection" memo (11-14-00)
D. Grievance Review Board Process
• Overview of process
• Current Oro Valley Personnel Policies &Procedures #18, #19 & #20
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page 2
ATTACHMENTS:
1. Memo from Town Attorney dated November 26, 2003
2. Town of Oro Valley Personnel Policies &Procedures #29
3. Proposed Meet and Confer Initiative
4. Town of Oro Valley Town Code 4-1-7 & Code 4-1-8
5. Town of Oro Valley Personnel Policies&Procedures #6
6. Memo from Commander Stevens dated November 11, 2000
7. Memo from Human Resource Director regarding Grivevance Review Board Overview
8. Town of Oro Valley Personnel Policies&Procedures #18, #19 & #20
S4.v
Town Manager
ITEM 1
ATTACHMENTS
1
Y
ROUNDED
Office of the Town Attorney
Memo
To: Mayor and Council
From: Mark Langlitz
Cc: Chuck Sweet,Town Manager
Danny Sharp,Chief of Police
Date: November 26,2003
Re: Municipal"Meet and Confer"Provisions
In response to my request, the attorney for the Oro Valley Police Officers Association
provided me with a list of the following 12 municipalities, out of a total of 87, in Arizona that
have adopted "meet and confer" provisions: Bullhead City, Town of Camp Verde, City of El
Mirage, Lake Havasu City,City of Nogales,City of Peoria,City of Phoenix,Town of Prescott
Valley,Town of Sahuarita,City of Surprise,City of Tempe,and City of Tucson.
The following is a brief factual summary of those provisions:
BULLHEAD CITY
Municipal Status: General Law City
Method and Date of Adoption: Council Ordinance/2001
Represented Employee roue resented Em to ee G s: Police Officers with the rank of Sergeant and lower
Groups:
and Emergency Service Dispatchers
Exclusive Representation: Yes,upon a petition signed by a majority of members
in the employee group
TOWN OF CAMP VERDE
Municipal Status: General Law Town
Method and Date of Adoption: Council Resolution/2003
GDeputyMarshals and civilian employees assigned to,
Represented Employee Groups:p
supervised by,or otherwise under the control of the
Police Department including,but not limited to,
dispatchers,record clerks,evidence clerks,parking
control officers and secretaries
Exclusive Representation: Yes,upon a petition signed by a majority of members
in the employee group
CITY OF EL MIRAGE
Municipal Status: General Law City
Method and Date of Adoption: Unknown
Represented Employee Groups: Unknown
Exclusive Representation: Unknown
LAKE HAVASU CITY
Municipal Status: General Law City
Method and Date of Adoption: No"meet and confer"provision has been adopted by
Lake Havasu City
Represented Employee Groups: N/A
Exclusive Representation: N/A
CITY OF NOGALES
Municipal Status: Charter City
Method and Date of Adoption: Council Resolution/2003
Represented Employee Groups: a)Firefighters;b)Police Officers with the rank of
Sergeant and lower;c)all other non-supervisory
personnel; and d)any other group designated by the
City
Exclusive Representation: Yes,upon a petition signed by a majority of members
in the employee group,however,any employee or
groupmeet with the City Manager consistent with
may
personnel rules and regulations
2
CITY OF PEORIA
Municipal Status: Charter City
Method and Date of Adoption: Council Ordinance/1999
Groups:Represented Employee Gs: Any group recognized by the City Council
pp
Exclusive Representation: There is no language providing for exclusive
representation
CITY OF PHOENIX
Municipal Status: Charter City
Method and Date of Adoption: Council Ordinance/@ Mid-Eighties
Groups:Represented Employee Gs: a)Office workers;b)Field workers; c)Police Officers
pp
below the rank of Sergeant; and d)Firefighters up to
and including the rank of Captain.
Phoenix also has a separate"Meet and Discuss"
ordinance for professional employees including Police
Officers of the rank of Sergeant and Lieutenant.
Exclusive Representation: Yes,upon a petition signed by a majority of members
in the employee group
TOWN OF PRESCOTT VALLEY
Municipal Status: General Law Town
Method and Date of Adoption: Initiative/2001
Represented Employee Grou s: Police Officers with the rank of Sergeant and lower
pp
and civilian dispatchers
Exclusive upon Representation: Yes,u on a petition signed by a majority of members
in the employee group
TOWN OF SAHUARITA
Municipal Status: General Law Town
Method and Date of Adoption: Initiative/2003
Represented Employee Groups: All Police Officers except the Chief and civilian
p
employees assigned to, supervised by,or otherwise
under the control of the Police Department including,
3
•
but not limited to,dispatchers,record clerks, evidence
clerks,parking control officers and secretaries
Exclusive Representation: Yes,upon a petition signed by a majority of members
in the employee group
CITY OF SURPRISE
Municipal Status: General Law City
Method and Date of Adoption: Council Ordinance/2001
Represented Employee Grou s: a)Police Officers with the rank of Sergeant and lower,
pp
civilian dispatchers and civilian support staff;b)
Firefighters up to and including the rank of Captain;
and c)all other City employees with certain specified
exceptions
Exclusive Representation: Yes,upona petition signed by a majority of members
p
in the employee group
CITY OF TEMPE
Municipal Status: Charter City
Method and Date of Adoption: Council Ordinance/1999
Groups:Represented Employee Gs: a)Police Officers with the rank of Sergeant and lower;
pp
b)Firefighters up to and including the rank of Captain;
c)non-supervisory public works employees; and d)all
other non-supervisory employees
Exclusive Representation: Yes,upon a petition signed by a majority of members
in the employee group,however,any employee or
group may meet with the City Manager consistent with
personnel rules and regulations
CITY OF TUCSON
Municipal Status: Charter City
Method and Date of Adoption: Council Ordinance
Represented Employee Groups: Police Officers
Exclusive Representation: Yes,upon a petition signed by a majority of members
in the employee group
4
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a ,
ORO VALLEY MEET AND CONFER MEASURE TO BE
SUBMITTED DIRECTLY TO THE VOTERS
SECTION 1. PURPOSE
The citizens of Oro Valley have a fundamental ' erest in the development of harmonious and cooperative
_ ix�t
relations between Management, Elected Officials, Administrators and public safety employees of the Town;
• to organize and full communication between public '
Public safetyemployees have the fundamental right g
employers and publicty employees
safe can alleviate various forms of strife and unrest;
•
• � m to ee
The Town of Oro Valley,its public safety employees and organizations,have a basic obligation to e p y
the public to assure the orderlyand continuous.operations and functions of government;
• concerted efforts designed to disrupt Strikes, work stoppages, slowdowns, and other gn Town of Oro Valley
services, are contrary to the public goodstrictly and are prohibited.Participation in such efforts may be grounds for
termination;
isTown management, ublic safety employees and their
It the purpose of this Measure to obligate the g P
representatives,acting within thefr• amework of law to enter into discussions with affirmative willingness to resolve
issues, relatingto workingconditions, wages, benefits and hours of work. It is also the
grievances,. and disputes
thisharmonious employer - employee relations by providing a uniform basis for
purpose of Measure to promote
• • safetyemployees to join,or refrain from joining,an organization of their own choice.
recognizing the right of public
itbe exclusivelyrepresented bysuch organization in their dealings with the Town in
Also, is their right to p • , this with the provisions of this Measure.Additionally,this Measure provides that the results of agreements
between the employer and its employees shall be drafted into written Memorandums of Understanding.
SECTION 2. EMPLOYEE GROUPS
There shall be one employee group
within the Town of Oro Valley. It shall include:
•
Police Department-Police Offices with the rank of Sergeant and below;civilian employees assigned
i.
otherwise under the control of the Police Department,including,but not limited
to,supervised by,or of
to dispatchers, record clerks, evidence clerks, and secretaries.
• represent an employeegroup,then authorized
In the event that only one employee organization is seeking torp
representation of an employee group ou shall be determined by the presentation of a petition by an employee
• containingthe signatures of at least fifty percent (50%) plus one (1) of the
organization to the Town Manager gn
indesignated groups. The petition shall designate the employee group and the employee
employees the above gr p
ani
orgzatlon designated to represent those employees.U on verification of the signatures,the Town Manager shall
Upon
designate the named employee 1 ee organization, as the official and exclusive employee organization for representation
purposes provided for by this Measu designatedemployee re. The organization shall have the right to bi-weekly or
monthly
deductions of dues, if approved by the employees of said organization.
more than one employee or organization that is seeking to represent an employee
In the event that there is g
present a petition containing at least thirty percent (30%) of the employees
group, and such employee organizations
• requestingto be designated to represent employees,then the Town shall call an election,
in the employee group and g P
to be supervised by the League L a ue of Women Voters or other similar independent party, between the two or more
1
employee organizations.The employee organizationanization that receives fifty y P
ercent (50%) plus one (1) of the vote's cast
shall be the designated representative.
termination of a Memorandum of Understanding, an employee
Within ninety (90) days prior to the , .
• then designated to represent employees in the group may present a petition
organization other than the one � to be designated to
g nt (30%) of the employees in the designated group requesting gnat least thirty perce •
containing an election at the earliest practicable time to be supervised
employees in that group.The Town shall call
representindependent�party, the current designated employee
League of Women Voters or other similar p P tY . .
by the g The employee ee or anization that receives fifty percent
and the organizationp Y g
organization requesting to be
(50%) plus one
vote shall be the designated representative.
SECTION 3. MEETING AND CONFERRING
' theTown Manager as the. official and exclusive
organization that has been designated by g
An employeeg
employee organization for reresentation purposes,shall submit a proposal to the Town Manager relating
to wages,
other working hours, safety regulations and conditions,by December 1, of each year.
em organization, the Town Manager shall submit a employee
Upon receiving a proposal from a designatedp y
P
written response to the proposalemployee to the organization within thirty (30) days.
Within thirty (30) days from the receipt of the Town Manager's
response, representatives of the employee
ployee
organization and the Town Manager, as determined by said employee organization, shall begin "meeting and
�� times,for the purpose of entering into a written Memorandum of
conferring"at mutually agreed upon locations andPrP .
co gMeetings shall be
• proposal regarding working conditions,wages,benefits and hours.
Understanding relating to the g g reached, or impasse is
faithparties. Meetings shall take place until an agreement isP
conducted in good by both t b employee organization representatives in pursuit ofa Memorandum of Understanding
shall
declared.Time spen y
be counted as hours worked.
ated re presentative, and the representative of the employee
The Town Manager, or his/her design p
• • agreement. Anyfinal agreement reached by the Town Manager and the
organization, shall initial all areas of �
writingand signed by the authorized persons. ..
employee organization shall be in �
' in dispute.If agreement has not been reached
Those
areas that were not agreed to shall be outlined as areas p g
. � requested. The Town Manager, the employee representatives, and the
by April 30, a Federal Mediator will be g
Mediator, will meet as often as necessary to reach an agreement.
Federal
fact-finder will. benested from the Federal re
If an agreement still has not been reached by May 31, a q
Mediation and Conciliation Service.Standard rules will be utilized in the selection of a fact-finder and the use of the
fact-finding process. However, selection of the fact-finder shall be limited to residents of Arizona.
. fact-finder for resolution.On or before June 30,all
issuespreviously agreed to will be submitted to the fact find
All not pre Y � ration and the recommendations of the
areas of agreement, as
well as those areas in dispute and still under conside •
• Council for their consideration.The Town Council may accept,reject,or
fact-finder,shall be submitted to the Town with
Council and mayalso take whatever actions they feel appropriate
modifythose areas of agreement.The Town •
Council shall constitute the Memorandum of
areas in dispute. Final action by the Town
regard to those p shall not be longer than two (2)
the followingfiscal year(s).A Memorandum of Understanding.
Understanding for
years.
2
All time limits in this Section may be waivedby mutual agreement of the Town Manager and employee -
organization.
SECTION 4.
MISCELLANEOUS PROVISIONS
negotiated
esi nated employee or organization shall
Understanding by the Town and a d gg
A Memorandum oftion
for the settlement of disputes pertaining to the enforcement,interpretation,
include agrievance procedure to be used .
Memorandum of Understanding. The grievance procedure shall
application of the terms and conditions of the Me o •
or independent of a management representative of the Town.The Town
provide for a final and binding determination i p
third partyneutral,arbitrator,provided by the American Association
and the employee organization may agree to a
• and bindingdetermination of the grievance. Further, disciplinary or
0
f Arbitrator to review and make a final against a Police Department bargaining unit member for Just Cause.
corrective action may only be taken P
' of theprocedures for selection of an employee
adoption of this Measure and thereafter completion , •
Upon p i n 3, herein, with respect to submission of
organization in
Section 2, herein, any time limits set forth in Section P
. responses bythe Town Manager,dates for meeting and conferring,and dates
proposals by the employee organization, . . and the initial
• shall be waived for thepurposes of the initial meeting and conferring,
for mediation and fact-finding,Memorandum of Understanding.Upon adoption of this Measure and thereafter completion of the procedures for
• in Section 2,herein,the Town Manager and designated employee organization
selection of an employee organization
shall forthwith commencemeeting and conferring as required by Section 3,herein.
In the event that any provision of this Measure
is in conflict with Arizona State Law,including the Arizona
• Decisions, then to the extent of the conflict Arizona State Law shall prevail over
Constitution, Statutes, or Court • •
thisimpair the validityof all other provisions herein not in conflict with
Measure. Any such conflict shall not
Arizona State Law.
3
ORO VALLEY TOWN CODE
Section 4-1-7 Official Recognition of Public Safety Employee Associations
Public safety employee associations are formally recognized as non-exclusive
representatives of commissioned Oro Valley police officers with a rank of
Sergeant or lower.
Section 4-1-8 Council/Public Safety Employee Relations and Processes
(A) The Town Council recognizes the right of public safety employees to join
employee associations which comply with the laws of Arizona and to present proposals
and testimony to the Town Council, and not to be discharged, disciplined or
discriminated against because of the exercise of those rights.
(B) The Town Council will make arrangements to meet annually with representatives
of any such employee association(s) to review recommended or proposed changes to
compensation plans, benefits plans, or other issues which significantly affect working
conditions. To provide for subsequent budget actions, if required, such meetings should
be concluded no later than February 15 of the fiscal year.
(C) To provide for action as defined in Section B, above, the Town Council may
designate an individual councilmember to act as Liaison to meet pursuant to a schedule
which is mutually agreed upon by the Liaison and the employee association(s) to discuss
issues as identified in Section B. It must be emphasized that the role of the Liaison is that
of a facilitator to enhance the communication process. In addition, in their role as
Liaison, an individual councilmember is not acting as a decision-maker or negotiator.
(D) Should the employee association(s) disagree about a specific course of action,
items of discussion may be brought forward for public hearing at a future Council
meeting. Issues of this nature shall be placed on an agenda within the timeframe of the
next three (3)regularly scheduled Council Meetings.
(E) No Town public safety employee of any such employee association(s) shall be
discharged, disciplined or discriminated against because of participation in the processes
provided herein.
5
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,mow ._
A..EY A
u mem
+� 2 11000 N. La Canada Dr.
te, s ♦ r Oro Valley, Arizona 85737
(520) 229-4900 FAX (520) 797-2616
t •
DANIEL G. SHARP, Chief of Police � � $'',:ss;
www.ovpd.org
4
vNDEtuAlk
DA9
ORO VALLEY POLICE DEPARTMENT
"INTEGRITY, PRIDE, EXCELLENCE"
MEMORANDUM
TO: All Personnel
FROM: Commander Stevens
RE: Outside special assignment philosophy, eligibility and selection
DATE: 11-14-00
With the positions to be filled at DEA and MANTIS in January the question of the departments outside
assignment eligibility and philosophy will again be the subject of much discussion. To date, eligibility to be
considered for an outside special assignment has generally been restricted to officers with one year of service
with the Oro Valley Police Department per SOP 91-04 (dated April 5, 1991). By practice we have updated that
to non-probationary officers. The final decision for selecting officers to fill special assignments is that of the
Chief of Police.
The general philosophy we have regarding participation in these assignments is to participate in order to expose
our officers to different law enforcement opportunities to allow them to gain knowledge and experience that will
benefit the individual and department upon the officers return to patrol or assignment within the department.
Each time I have been involved in discussions with outside task force representatives this has been the main
benefit they have stressed to secure our participation. This philosophy supports our assigning officers that
haven't necessarily had as much experience in the area of the special assignment as compared to those who
may have experience based on previous outside special assignments. Our philosophy would not support our
getting to the point where we have a group of officers who specialize in outside assignment and rotate from
one to another. This brings up our general philosophy on outside special assignment extensions past three
years. Generally our philosophy is not to allow it. We have also agreed that an officer should return to the
department for a minimum of one year before being considered for an additional out side special assignment.
However, if no officers either express an interest in an assignment or the officers who do express an interest
are deemed by the department or the outside agency as unacceptable at the time for a variety of reasons, we
may still need to fill the position. At this point we would then have to evaluate extending the currently assigned
officer, making probationary officers eligible or recruiting an officer internally or from a current outside
assignment. There have been times that we have recruited officers to fill these positions when they weren't
necessarily interested initially.
It is because of all the factors discussed that it has been impossible to establish an absolute policy on outside
assignment eligibility. With the growth of the department, since 1991, we will address the possibility of a more
comprehensive special assignment policy. Until we address this further, we will continue to fill the positions
through the executive review process and include representatives from the special unit of assignment in the
interview process whenever possible and appropriate. Given no unusual circumstances we will not allow officers
to process for an outside special assignment who have either been in a special outside assignment within a year
of the anticipated start date of the new assignment or those currently assigned in an outside special
assignment.
. . .__ g
f,_
d
PLEASE REVIEW AND INITIAL
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7
MEMORANDUM
TO: MAYOR AND COUNCIL
FROM: JEFF GRANT, HUMAN RESOURCES DIRE O;'
DATE: NOVEMBER 26, 2003
SUBJECT: GRIEVANCE REVIEW BOARD OVERVIEW
ORO VALLEY GRIEVANCE REVIEW BOARD OVERVIEW
The Oro Valley Grievance Review Board(GRB) in its current format was created with the approval of
the Personnel Policies and Procedures that were adopted by the Mayor and Council effective July 1, 1993.
The original format has remained largely unchanged through the present, although the Board itself has
recommended changes to the relevant Policies that have periodically been adopted by Mayor and Council.
The Grievance Review Board and the Grievance Review Process are defined in the Town of Oro Valley
Personnel Policies and Procedure—Policies 18, 19 and 20. Policy 18 defines the Grievance Procedures
(the process of bringing a grievance to the Board). Policy 19 discusses the makeup of the GRB
(appointment of citizen members, election of employee members, etc.). Policy 20 spells out the
Procedures used by the GRB in hearing grievances.
A survey of grievance processes in other Arizona jurisdictions was conducted in early 1993 (Attachment
A). As a result, the format that was developed for the Oro Valley proposal involved elements of several
of the processes used in the other jurisdictions.
As in most grievance processes,the objective of the Oro Valley process was not simply to find anyone
"right"or"wrong,"but to resolve the issue at the earliest point in the process in the fairest manner
pursuant to Town policies. The objective of those reviewing the grievance at the earlier stages
(Supervisor,Department Head, etc.)is to determine the facts involved, and to ensure that Town Policies
are adhered to by all parties concerned. As the final step before the eventual referral of the appeal to the
GRB,the Town Manager has consistently attempted to ensure that the Town's handling of the issue is
both fair and consistent with Town Policy.
As a result,while countless numbers of Grievances have been filed over the years, in the ten years since
the implementation of the policy, only five grievances have been referred to the GRB for action (one is
currently in progress). The others have been successfully resolved at earlier levels in the process.
Of the four that have been heard by the GRB, one was deemed by the Board as not a grievable issue.
Three others were heard in their entirety with the Board upholding the Town's action in each instance
(ruling that the Town had complied with its Policies and Procedures). Because of the scrutiny that is
given to each grievance during the earlier steps in the process, and the effort which is made to resolve the
issue, it is not unusual to see a final outcome of that nature when it reaches the GRB. All parties in the
process have generally expended the energy necessary to ensure that the process is exhaustive in nature.
Nonetheless,there is nothing to preclude an employee from continuing to take the issue forward in the
process.
Beginning in 1993, the GRB has reviewed and commented on its own procedures and has requested
changes to the Policies (especially as they relate to the Board Procedures outlined in Policy 20). The
requested changes have been adopted by the Mayor and Council, and are included in the existing
Personnel Policies.
The individuals who have served on the Oro Valley Grievance Review Board are listed in Attachment B.
The current process calls for the election of employee-members for two year terms beginning with odd-
numbered years. Citizen-members are appointed for two year terms that begin with even numbered years.
Another informal survey of Grievance Review practices among Arizona jurisdictions is currently being
conducted by Human Resources. The preliminary results appear to be similar to those observed in the
1993 survey. In short, grievance practices are extremely varied,with unique methods of resolving
grievances used throughout the surveyed jurisdictions. (As examples, some jurisdictions refer grievances
to their Council, others use Boards that are comprised of citizen and/or employee members -although a
majority of the jurisdictions who have responded thus far appear to use Boards comprised of citizen
members, only. One jurisdiction has their Magistrate hear all grievances,who in turn makes a
recommendation to the Town Manager.)
In short,the Town's current grievance review process was intended to:
(1) Provide a fair and consistent process for dealing with employee grievances.
(2) Resolve relevant issues at the earliest opportunity.
(3) Provide employee involvement in the grievance process to the greatest extent possible.
(4) Allow the employee population to elect the members who they feel can best represent them.
(5) Provide ongoing input from the Board to Town management regarding the process.
If I may provide any additional information or clarification,please feel free to contact me at your
convenience.
THIS SURVEY WAS CONDUCTED
DURING SPRING, 1993 ATTACHMENT A
U G THE
GRIEVANCE REVIEW PROCEDURES - SURVEY RESPONSES
Apache Junction (George Hoffman, Assistant Manager)
Messages left with both Mr. Hoffman and his Assistant.
Avondale (Bill O'Brien, Personnel Officer)
The City of Avondale employs a system which combines an informal
process with a formal review/appeal process. The intent is to
resolveP roblems at the informal level, however rebuttal by both
parties is allowed at each step of the process (whether informal or
formal) . The process involves an initial voicing of the grievance
with the Supervisor, followed successively by appeals to the
Department Head and the Town Manager. Following the Town Manager' s
decision, the employee may appeal to a 3-member Personnel Board,
which is made up of citizens who are appointed by the Town Council
for staggered, 2-year terms. The decision of the Personnel Board
is final. (The Personnel Board has not heard a grievance in the
past 2-1/2 years. )
Gilbert (Fred Reynolds, Personnel Director)
The Town of Gilbert employs s a "private sector" process, allowing
the employee to define what is a "grievable" situation. The
process is very informal in nature, with the employee grieving
sequentially to their first level supervisor, Department Head, and
to the Town Manager, who has the final decision. There is no
Personnel Board, or Grievance Review Board, and the Council is not
involved with the process other than the selection of the Town
Manager. The objective of their grievance process is not to prove
someone right or wrong, but to resolve the issue at the lowest
possible level of authority. Situations involving terminations are
automatically filed by the Department Head directly to the Town
Manager, and an immediate decision is rendered by the Manager.
Goodyear (Harvey Krauss, Assistant Town Manager)
Employee presents grievance to immediate supervisor up to Department Head. If situation is unresolved, employee can appeal
to Grievance Committee then City Manager. Manager' s decision is
final. Grievance committee composed of three members, one non-
management, regular employee, one department head and one
supervisory and/or mid-management ranked employee.
Marana (Hurvie Davis)
Marana uses a formal grievance system with a series of potential
M
grievances being filed from Department Head, Town Manager, and
GRIEVANCE REVIEW PROCEDURES - SURVEY RESPONSES, p. 2
Marana, continued
finally, Town Council level (for which there is no additional
appeal process) . Each of the steps has defined time limits during
pp
which the a intent is to ensure that peals must be filed in order to progress to the next
level. The
pgrievances are resolved at the
lowestP ossible level . The Town Council ' s review of the grievance
is to be conducted at a special hearing called specifically for
thatur ose. All parties with a vested interest in the proceeding
p P
may attend (and participate in) the Town Council hearing.
Paradise Valley (John Baudek, Town Manager)
Process involves grievance to immediate supervisor up to Town
Manager. Following Town Manager decision, party can appeal to
Personnel Committee of the Council (three members of the Council) .
Decision of the Personnel Committee of the Council is final .
Police
After decision of Town Manager and prior to appealing to Council,
partycan appeal to a civilian review board. This board is
P
com rised of a Sergeant (Chair) , two department personnel (not
supervisors of the party involved) and two citizens. Following
p • Review Board, partycan appeal to Council.
decision of Civilian p
Pima County (Rebecca Hill, Human Resources)
Pima County employs a tertiary system of handling grievances. All
three distinctions utilize both informal and formal procedures to
attempt to resolve the issue at the lowest possible level. The
three types of grievance are: non-discrimination grievances,
discrimination grievances, and appeals. employees may not grieve
issues stemming from compensation plans, classification plans,
performance evaluations (other than authoring rebuttals) , or
informal disciplinary actions.
Non-discrimination grievances - A written grievance is filed with
the employees Division Chief, Department Director, Assistant County
Manager, or County Manager, unless resolved at a lower level. At
each step of the grievance procedure rules for timeliness apply.
Default for failing to reply in a timely manner is generally to
allow the earlier decision to stand. If no resolution is attained
through the Assistant County Manager level, the County Manager may
direct that a grievance committee be formed to hear review the
grievance. Both the Department Director and the employee select an
employee to serve on the grievance committee. (Established rules
preclude either of these employees being from the same department
as the employee, being related to the employee or the Department
Director, etc. ) . The two employees selected to serve on the
committee will then jointly select a third committee member. If
GRIEVANCE REVIEW PROCEDURES - SURVEY RESPONSES, p. 3
Pima County, continued:
any party
fails to make their selection in a timely fashion (per
the selection of the committee member(s) in question
the rules) ,
will be accomplished ished b Y random methods using the County' s computer
p
system. Once selected, the committee meets, reviews the grievance,
investigates, and issues its decision within 30 days.
Discriminationgrievances rievances - An employee alleging unlawful
discriminationmay file a written grievance with the Department
Y
Director of the department which allegedly committed the
infraction. The Department Director has an opportunity to resolve
the issue with the employee, but failing at this level the employee
grievance also file the with the County Manager. The County
Manager will refer the grievance to either the EEO Division, or the
Risk Management Department, as appropriate. The issue will be
g p
resolved bythe appropriate group within the required timeframes.
Appeals - Appeals to actions resulting in termination of
demotion, reduction in pay, or suspension are allowed.
employment, Commission with the Merit System
Appeals are filed in writing
through the Director of Human Resources. Suspensions without pay
(or with reduced pay) of ten days or less may be handled by a
hearingby
conducted a single commission member (as determined by
) .
the chair Longer suspensions will result in hearings held before
quorum a
least of the commission members. The hearings use full
procedures,judicial and are covered by all applicable state laws.
The commission findings are final.
Commission members are appointed for defined terms by the Board of
Supervisors.
South Tucson (Richard Salas, Personnel)
Process involves formal grievance from immediate supervisor up to
City Manager. Manager' s decision is final unless grievance
involves termination or suspension without pay, in which case it
appealed to the Merit System Commission (MSC) . MSC is
can be pp
appointed by the Council, however councilmembers are never involved
with grievance. MSC decision is final.
City of Tucson (Jeanette Hinton, Personnel Administrator)
Ms.
Hinton is out of the Office until July 29 , 1993 . Rafe
Viscasillas, the Personnel Director is "in hiding. "
SURVEY LIST
APACHE JUNCTION
(602) 982-8002
George Hoffman, Assistant Manager
AVONDALE
(602) 932-2400
Bill O'Brien, Personnel Officer
GILBERT
(602) 545-6858
Fred Reynolds, Personnel Director
GOODYEAR
(602) 932-3910
Harvey Krauss, Assistant Manager
MARANA
(602) 682-3401
Hurvie Davis, Town Manager
PARADISE VALLEY
(602) 948-7412
John Baudek, Town Manager
SOUTH TUCSON
(602) 792-2424
Richard Salas, Personnel
TUCSON
(602) 791-4366
Jeanette Hinton, Personnel
PIMA COUNTY
(602) 740-8176 (Employment)
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TOWN OF ORO VALLEY I
COUNCIL COMMUNICATION MEETING DATE: December 1, 2003
TO: HONORABLE MAYOR& COUNCIL
FROM:
Robert Conant,Planner II, and Bayer Vella, Senior Planner
SUBJECT: STUDY SESSION — OV7-01-09, AMENDING THE ORO VALLEY ZONING
CODE REVISED BY AMENDING CHAPTER 8 COMMERCIAL DISTRICT
REGULATIONS AND CHAPTER 9 CONDITIONAL USE REGULATIONS
BACKGROUND:
The primary focus of this effort is to update and modify Chapter 8 and 9 of the Zoning Code. The two chapters
requirements that affect properties that are zoned non-residential. Changes to chapters 8
Include the primary q p p
and 9 will necessitate minor to moderate changes to other chapters, such as definitions, and the overlay districts.
The revised chapters are attached. Due to the extent of the revisions, especially the reorganization, only
additions are shown (underlined); deletions are not shown.
The following is a summary of the principal contents of the Chapters 8 and 9:
Chapter 8
The chapter includes permitted and conditional uses, and development standards for the following 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-1 Parking District
• P&OS Parks and Open Space District
Major changesbeing proposed are 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 9
p
This chapter
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:
• FreestandingBanks and Financial Institutions, Commercial Stables, Mature Adult Retirement Quarters,
Rehabilitative Care and Skilled Nursing Care Facilities, Tennis Clubs, Fire and Police Stations and
Emergency Rescue Facilities, Service Stations (Automobile),Utility Poles, Timeshares, Convenience
g
Uses,
Drive Through/Drive-In Restaurants, Car Washes, Churches, Commercial uses in ORSCOD, Golf
Courses, and Antennas (residential and commercial).
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page 2 of 6
A Technical Advisory Committee was appointed by Town Council on May 2, 2001 to work with staff in
g
develop in the amendments. The text is as result of the work by the TAC and Planning and Zoning
Commission. The Planning and Zoning Commission study sessions on the amendment on October 23 and
November 13, 2001 and referred the matter to the Town Council in January 2002
OVERVIEW
Chapter 8
Currently, the zoning code districts are fairly similar, for example a 60,000 square foot grocery store could be
y
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 hborhood and semi-regional in C-1 and regional in C-2. The following amendments accomplish this goal:
1. Amendments to the Purpose Statements
Purpose statements are important for the following reasons:
• They are utilized as benchmarks or guiding themes for all substantive changes within each district.
• In the future, they will be used to help evaluate a rezoning proposal.
Each of the districts now has a purpose statement which clearly identifies the purpose and intent of each district.
2. Size Limitations
The character of each commercial zoning district, 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
means to address the issue of scale. This is a tool incorporated by 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. Evaluation of 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
following categories: Grocery store, Hardware store and Drug Store at 9,000 square feet.
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
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page 3 of 6
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.
3. Adjustment to Permitted and Conditional Uses
For a complete list of additions, deletions and repositioning of uses please see the attached Chapter 8 Draft. 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
Zoning Commission for CUP Review, 2. Town Council CUP Approval and 3. Town Council State
Liquor License Approval. Staff is proposing only one public hearing in the future—the one required by
the State which is before the Town Council.
• All uses permitted 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 ancillary mixed-use development,
(commercial retail, restaurants ancillary to industrial).
• 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 conditional permitted in a zoning category.
This authority to interpret currently lies with the Planning and Zoning Commission.
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page 4 of 6
4. 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 property for which C-N ► : .;; ' - '- -' Any property for which Not applicable in this
Property zoning is requested shall district. C-2 zoning is requested District
p y
Size acres NOT EXCEED 5 ANY PROPERTY FOR shall contain a minimum
ACRES IN SIZE. WHICH C-1 ZONING of 10 acres or 435,600
SUFFICIENT AREA MUST IS REQUESTED square feet.
BE PROVIDED TO SHALL CONTAIN A
ESTABLISH MULTIPLE MINIMUM OF 5
USES ON THE SITE.
ACRES.
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
Revision of Development Standards
A hierarchical scale of development standards has also been proposed (see Property Development Standards
Table attached).
Proposed New Development Standards
New design standards regarding open space and incorporation of courtyards have 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.
Residential Development:
Residential development is currently permitted in C-N; however, it must be integrated within the commercial
structure, for example, it could be a loft, live/work space or shop owner's apartment above the commercial use.
This type of residential does not detract from the commercial project or from the nature of Neighborhood
Commercial in either scale or intent.
In T-P staff has recommended that a maximum of five percent of the gross land area of an office park may be
residential through the Conditional Use Permit Process. It is important to note, that the CUP process enables
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page 5 of 6
discretion by the Town Council on a case by case basis. Integrating residential in an office park provides
housing for people who may work there and can commute to work without driving. Staff has also suggested
standards in Chapter 9 specifically 9-115, which would permit such development, also in Section 9-115 there
are specific findings which the Planning and Zoning Commission, DRB and Town Council must make in order
to approve a residential development in T-P.
CHAPTER 9 OVERVIEW:
Current Code Requirements:
As previously mentioned, Chapter 9 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 al four sides and a self-closing/self-latching gate must be
utilized. This requirement should apply to all uses that have onsite dumpsters. Staff is recommending that the
title be changed from Conditional Uses to GENERAL DEVELOPMENT STANDARDS FOR ALL NON-
RESIDENTIAL USES (EXCLUDING PARKS, SCHOOLS AND CHURCHES).
Several requirements were repositioned to apply to all development and others still apply to specific uses.
Design Guidelines from Chapter 16 have been incorporated as requirements. All requirements associated with
parking, lighting and landscaping have been referred to those specific zoning code chapters.
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.
Staff is proposing incorporating Design Guidelines in Chapter 16 that are routinely required by DRB and Town
Council.
Another considerable change simply involves reorganization. Staff is proposing moving all requirements
associated with parking, lighting and landscaping to those specific zoning code chapters. For this reason, over
half of Chapter 9 has been deleted.
The way in which convenience uses are treated 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.
PUBLIC NOTIFICATION:
For the Planning and Commission Study Sessions and Public Hearing, 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. The result of this notification was one comment.
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page 6 of 6
PLANNING AND ZONING COMMISSION ACTION:
The Planning and Zoning Commission held Public Hearings on May 7 and July 2, 2002. At the July 2, 2002
Public Hearing the Planning and Zoning Commission recommended conditional approval of the revised
Chapters 8 and 9 of the OVZCR. All conditions of the Planning and Zoning Commission have been
incorporated into the draft.
RECOMMENDATION:
Staff requests input and direction from the Town Council.
Attachments:
1. Comparison Property Development Standards
2. Neighborhood Commercial Size Needs Relative to Proposed Code Maximums
3. Chapters 8 and 9
Pla . d Zo Administrator
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Neighborhood Commercial Size Needs Relative to Proposed Code Maximums
C-N Zoning Local Examples National ULI Survey C-N
District Results Size
Proposed GLA in Square Feet Max.
Code in Sq
Feet
Name Size in Location Lower Med. Upper
Square Decile Decile
Feet
Business & 755 1200 1612 3000
Professional
Office
Municipal 949 1670 5053 3000
Uses
Hospital or Companion 2704 N. Campbell 1200 1723 3321 3000
veterinary Vet Clinic
clinic for
animals
Medical or OV Dentist 1360 Canada 1074 1607 4010 3000
Dental Crossroads
Offices
Optician Nationwide 2100 Oracle/Mcge 1062 1500 2320 3000
e
Art Gallery 2428 3000
Bakery Village 1800 Ina & Magee 773 1536 3177 3000
Bakehouse
Camera 560 1047 2010 3000
Store/
Film
Processing
Candy Shop/ See's Candy 1944 Broadway 1139 2863 8431 3000
Specialty
Food
Craft Shop Ben Franklin 25,818 Grant Rd. 1060 2480 15012 3000
Drug Store Walgreens & 14,000 Lambert & 6400 9100 16450 9000
Osco La Canada
Fabric Store Hancock 17,500 22"d street 5400 3000
fabrics
Clothing Maya Palace 8200 N. Swan 2700 6000 19785 Move
Store Boutique To
C-1
Mervyn's 82,360 N. Oracle
Florist Sav On 1680 Speedway 826 1200 2720 3000
Flowers
Grocery Time Market 4000 University 18258 31500 49809 9000
Store Ave
Rincon Market 10000 5th &Tucson
Blvd
Wildoats 15,030 Ina & Oracle
Safeway 54,912 RV Blvd
Albertson 81,335 First&
_ Oracle
Hardware
True Value 6630 Oracle & 3480 7350 12188 9000
Store Magee
Bimsco 4355 Stone
True Value Avenue
Video Store Blockbuster 3990 Rooney 1559 3675 7058 3000
_ Ranch
Ice Cream Baskin & 1200 Rooney 987 1200 2400 3000
Parlor Robbins Ranch
Variety Store Macfrugal's 21,935 Oracle Rd. 3000 7000 17880 3000
Restaurant Rubios 1646 Rooney 1457 3075 5573 3000
Ranch
Pizza Hut 4174
Rooney
Starbucks & 3096 Ranch
Einstein
Bagels Ina & Oracle
Combo
Metro Grill 7892
Ina & Magee
Delicatessen 1100 1300 1800 3000
Café Café Torino 1200 Canada 1018 1344 1964 3000
Crossroads
Branch Post
5990 3000
Office
Bicycle OV Bike Shop 1283 RV Blvd 1764 3086 5854 3000
Shop/ & Oracle
Sporting
Goods
Hobby Store Hobbytown 2636 1102 E 22nd 2500 3000
USA
Gift Shop 926 2480 4950 3000
Antique Christie's 5400 E. Speedway 3000
Store
Book or Bookman's 28937 E. Grant 1203 2400 9580 3000
Specialty
Paper Store
Tucson Map & Campbell
Flag Center Ave
Appliance 4169 Move
Repair to
C-1
F:\OV\OV712001107-01-091Tables\Neighborhood Commercial Size Table.doc
Bank AZ Credit
2200 University 1208 3015 7335 3000
Union Avenue
Pima Credit 15,296 N. Stone
Union
Bank of 9680 W. Ina
America
1260 Sun City or Hair Salon 989 1306 2172 3000
Beauty Shop
Clothes Comet
1300 La Canada 1053 1500 2400 3000
Clean Cleaners /Lambert
Agencies
Laundromats 1200 1600 3000 3000
Shoe repair
595 760 1103 3000
Health Studio Lady of
3850 Safeway 6538 3000
America Vistoso
ATA Black 3000 La Canada/
Belt Naranja
Utility 3000
Payment
Store
Pet 901 1469 2635 3000
Grooming
Shop
Mail Service 900 1200 1619 3000
Store 2340 3000
Day Nursery 3000
Analogous
Uses
Automobile Merles Auto 8,362 Orange 1425 5125 11300 3000
Parts store Grove
Pep Boys 22,815
Speedway
Day Nursery
2340 3000
Or Preschool - 3000
Entertainmen
t and/or
dancing
ancillary to a
use specified
in Sec. 8-
103A Na
Utility Poles
Convenience Circle K 2849 N. Oracle 3400 3000
Uses 3000
Plant
Nursery with
Ancillary
Outdoor
Storage
r.‘nwv7mn1\07-01-091Tables\Neiahborhood Commercial Size Table.doc
C-N Zoning Local Examples National ULI Survey C-N
p
District Results Size
GLA in Square Feet Max.
Proposed in Sq
Code Feet
Name Size in Location Lower Med. Upper
Square Decile Decile
Feet
Business & , 755 1200 1612 3000
Professional
Office
Municipal
949 1670 5053 3000
Uses
Hospital or Companion3321 3000
2704 N. Campbell 1200 1723
veterinary Vet Clinic
clinic for
animals
Medical or OV Dentist 1360 Canada 1074 1607 4010 3000
Dental Crossroads
Offices
Optician Nationwide 2100 Oracle/Mcge 1062 1500 2320 3000
e
Art Gallery
2428 3000
• Magee 773 1536 3177 3000
Bakery Village 1800 Ina & g
Bakehouse
Camera
560 1047 2010 3000
Store/
Film
Processing
Candy Shop/ See'sCandy 1944 Broadway 1139 2863 8431 3000
Specialty
Food
Craft Shop Ben Franklin 25,818 Grant Rd. 1060 2480 15012 3000
Drug Store Walgreens & 14,000 Lambert& 6400 9100 16450 9000
Osco La Canada
Fabric Store Hancock 17,500 22nd street 5400 3000
fabrics
Maya Ma a Palace 8200 N. Swan 2700 6000 19785 Move
To
Store Boutique o
Mervyn's 82,360 N. Oracle
Florist Sa
v On 1680 Speedway 826 1200 2720 3000
Flowers
Grocery Time Market 4000 University 18258 31500 49809 9000
Store Ave
Rincon Market 10000 5th &Tucson
Blvd
Wildoats 15,030 Ina & Oracle
Safeway 54,912 RV Blvd
Albertson 81,335 First &
Oracle
Hardware True Value
6630 Oracle & 3480 7350 12188 9000
Store
Magee
Bimsco 4355 Stone
True Value Avenue
Video Store Blockbuster 3990 Rooney 1559 3675 7058 3000
Ranch
Ice Cream Baskin &
1200 Rooney 987 1200 2400 3000
Parlor Robbins Ranch
• Oracle Rd. 3000 7000 17880 3000
Variety Store Macfrugal's21,93573 3000
Restaurant
Rubios 1646 Rooney 1457 3075 55
Ranch
Pizza Hut 4174
Rooney
Starbucks & 3096 Ranch
Einstein
Bagels Combo Ina & Oracle
Metro Grill
7892
Ina & Magee _
Delicatessen
1100 1300 1800 3000
Café Café Torino 1200 Canada 1018 1344 1964 3000
Crossroads
Branch Post
5990 3000
Office
• Shop1283 RV Blvd 1764 3086 5854 3000
Bicycle OV Bike
Shop/ &Oracle
Sporting
Goods
Hobby Store Hobbytown 2636 1102 E 22nd 2500 3000
USA
Gift Shop
926 2480 4950 3000
Antique Christie's 5400 E. Speedway
3000
Store
Book or Bookman's 28937 E. Grant 1203 2400 9580 3000
Specialty
Paper Store
Tucson Map & Campbell
Flag Center Ave
Appliance 4169 Moveto
Repair C-1
Bank AZ Credit it 2200 University 1208 3015 7335 3000
Union Avenue
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
Clothes Comet 1300 La Canada 1053 1500 2400 3000
Clean Cleaners /Lambert
Agencies
Laundromat 1200 1600 3000 3000
s
Shoe repair
595 760 1103 3000
Health Lady
of 3850 Safeway 6538 3000
Studio America Vistoso
ATA Black Belt 3000 La Canada/
Nara*
Utility
3000
Payment
Store
Pet 901 1469 2635 3000
Grooming
Shop - - 200 1619 3000
Mail Service 900 1
Store
Day Nursery
2340 3000
Analogous
3000
Uses -
Automobile
Merles Auto 8,362 Orange 1425 5125 11300 3000
Parts store Grove
Pep Boys 22,815
Speedway
Day Nursery
2340 3000
Or
Preschool
Entertainme 3000
nt and/or
dancing
ancillary to a
use
specified in
Sec. 8-103A
Utility Poles - Na
Convenienc Circle K 2849 N. Oracle 3400 3000
e Uses
Plant 3000
Nursery with
Ancillary
Outdoor
Storage
Chapter 8
COMMERCIAL DISTRICT REGULATIONS
CHAPTER 8
COMMERCIAL DISTRICT REGULATIONS
ARTICLE 8-1 C-N NEIGHBORHOOD COMMERCIAL DISTRICT
Sec.8-101 Purpose
This district is intended to provide a hub of activity and a focal point within walking/biking distance or a
neighborhood area. The center shall reflect the architectural identity of the
short drive from a specific
neighborhoods in the area by providing a combination of uses that offer basic goods, services and/or
professional offices that meet the daily needs of the nearby residents.
The accommodation of multiple uses or building pads within a C-N site is strongly preferred over sites
that will
only accommodate one. C-N zoning may be found along multi-use paths, near parks,
immediatelyhigher density residential developments and municipal service sites. It
between or among �
is most appropriate at the intersection of collectors or a collector and an arterial- other than Oracle
Road. The Town Council as part of a rezoning may restrict the permitted and conditionally permitted
use to insure neighborhood compatibility. The district may not be positioned on a site immediately
p
fronting onto Oracle Road.
Sec. 8-102 Approvals Required
be built or remodeled until a conditional use permit, when applicable,
No structure or building shall in Chapter 3 and 4 hereof and
plan and/or subdivision plan approval has been obtained as outlined p
development _
architecture, signs,etc.,as applicable,have been obtained as outlined in Article
further, approvals of landscaping, �
3-3 hereof.
Sec. 8-103 Use Regulations
A. Permitted Uses
,
to 5 000 square feet of gross floor area per use unless otherwise
Buildings or structures shall be limited
specified herein.
a. Business and professional offices and uses.
a. Business, medical and professional offices that
b. Hospital or
veterinary clinic for animals, including boarding and lodging, provided
there are no open kennels or animal disposal facilities such as an incinerator and provided
that all activities will be conducted in a soundproof building.
b. Retail Sales with general service and delivery hours restricted to 6:00 a.m. to 9:00 p.m., Monday
through Saturday and 7:00 a.m.to 7:00 p.m.on Sundays.
a. Antique Store
b. Art Gallery
c. Bakery
8- 1
Chapter 8 COMMERCIAL DISTRICT REGULATIONS
d. Bicycle Shop
e. Book or Specialty Paper Store, excluding adult bookstores.
f. Camera Store
g. Candy Shop
h. Craft Shop
i. Hobby Shop
j. Delicatessen
k. Drug Store,limited to 9,000 square feet of gross floor area
1. Fabric Store
m. Florist
n. Gift Shop
o. Grocery Store,limited to 9,000 square feet of gross floor area
p. Hardware Store,limited to 9,000 square feet of gross floor area
q. Ice cream parlor,including the making of ice cream
r. Plant Nursery,excluding outdoor storage
s. Variety Store,excluding sexually explicit business
t. Video Store,excluding adult video stores
u. Restaurant,delicatessen,or cafe,including sale of liquor,beer or alcoholic beverages
c. Service.
a. Bank or Financial Institution
b. Barber or beauty shop
c. Clothes cleaning(dry cleaners)and Laundromats,excluding cleaning and dyeing
d. Churches
e. Day Nursery or preschool with child drop-off point more than 100 feet from a residential
district
f. Mail service store
g.
Municipal Services,excluding full service fire and police stations and impound yards
h. Post Office (sub-station)
i. Pet grooming
J
Recreation, health studio, health spa or fitness center limited to indoor activity within
soundproof buildings
k. Shoe repair shop
1. Utility payment store
d. Antennas (including satellite dishes up to 1 meter in diameter), subject to requirements set forth in
Sec. 9-117a. Satellite dish antenna exceeding 1 meter in diameter shall be subject to DRB review
and recommendation,and staff approval per Section 9-117a.
e. Minor Communication Facilities, subject to requirements set forth in Section 9-117b.
7. Analogous uses as determined by the Planning and Zoning Administrator
B. Uses Subject to a Conditional Use Permit
Buildings or structures shall be limited to 9,000 square feet of gross floor area per use. They shall be
used, erected, altered or enlarged only upon Town Council approval, as specified in Article 3-2 of the
following uses:
a. Expansions of permitted uses are limited to 5,000 square feet of gross floor area.
8-2
Chapter 8
COMMERCIAL DISTRICT REGULATIONS
b. Extension of general service and delivery hours beyond standards indicated in Section 8-103A3
provided Automobile parts store no repair,rebuilding or machining or automobile parts is performed on
site.
preschool Day Nursery or with child drop-off point less than 100 feet from a residential district
d. Fire stations and emergency enc er rescue facilities, including vehicular storage areas and housing for
y
personnel
e. Live entertainment associated with a restaurant,delicatessen or cafe
poles,Utilities and utility related buildings, structures and appurtenances thereto either publicly or
privately owned.
g.
Convenience Uses(see definitions,Article 2 and Section 9-110 for criteria).
h.
Plant nursery with ancillary outdoor storage fully enclosed within a six foot high opaque
screen.
i. Expansion to legal nonconforming commercial uses(see Section 1-808 for criteria)
p g
k. Residential integrated with and ancillary to a commercial development. Such residential
unit(s)shall be contained within the commercial structure.
1. Analogous uses as determined by the Planning and Zoning Administrator.
Sec.8-104 Property Development Standards
g property The perty p
followin develo ment standards shall apply to all land and buildings in the C-N District.
A. Maximum and Minimum Property Size
a. Any property ert ro for which C-N zoning is requested shall not exceed five (5) acres in size. Sufficient
y
area and planning must be provided to establish multiple uses on the site.
B. Open Space Requirement and Floor Area Ratios
a. There shall be a minimum of 25%of the net lot area in open space.
minimum of two (2%) percent of the net lot area shall be devoted to functionally landscaped
b. A
p
open space that includes customer and employee oriented amenities such as seating areas and
all or a portion of the required public art.
c. The gross floor area shall not exceed the amount equal to .20 multiplied by the net lot area in
square feet.
d.
The floor area devoted to ancillary residential uses within a commercial development shall not
be counted within the gross floor area ratio.
8-3
Chapter 8
COMMERCIAL DISTRICT REGULATIONS
e. The totalgross ross floor area of dwellings shall not exceed fifty(50%)percent of the net lot area.
C. Density
a. The minimum gross land area for dwelling units physically integrated with a commercial structure,
multi-family or
townhouse dwellingunits shall be calculated by first identifying the area utilized for
residential purposes. Of this area 3,500 square feet per dwelling units is permitted.
2. Dwelling units physically
integrated with a commercial structure must be at least 1,000 square feet
in size.
D. Building Height
No building shall exceed 2 stories in height and the exterior height shall not exceed 25 feet, except when a
contiguous residential district has a more restrictive height standard, in this case the building height shall
conform to the more restrictive residential standard. Architectural elements such as bell towers may exceed
this limitation by no more than ten(10')feet.
E. Placement of Buildings
a. All buildings must be separated in the manner proscribed in the building and fire code.
p
b. 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. The
courtyard and or mall shall be a minimum of two (2%) percent of the net lot area of the site in
square feet. The courtyard or mall shall be considered to be landscaped open space and should
be a focal point for all or a portion of the required public art.
Y
The
courtyard/mall requirement maybe waived byTown Council if a suitable alternative
design solution is presented.
F. Yards and Setbacks
a. Front yard.
a. Minimum front yard setback: 20 feet.
b. Where adjacent to a residential district, the front yard regulations of the residential district
shall apply.
b. Side and rear yard for commercial uses.
a. A yard of not less than 50 feet shall be maintained where the lot abuts a single-family residential
district or abuts a street or easement which is adjacent to a single-family residential district.
yard A and of not less than 25 feet shall be maintained where the lot abuts a multi-family residential
district.
8-4
Chapter 8
COMMERCIAL DISTRICT REGULATIONS
Sec. 8-105 General Provisions
The provisions of Chapter 9 and 13 shall apply.
8-5
Chapter 8
COMMERCIAL DISTRICT REGULATIONS
ARTICLE 8-2. C-1 COMMERCIAL DISTRICT
Sec. 8-201 Purpose
This district is intended to providelarge for lar e scale office complexes and medium sized retail centers,located on an
arterial. The intent of
this zoningdistrict is to attain compatibility with adjoining residential neighborhoods to the
greatest extent feasible, satisfyingcommercial and service business needs of nearby neighborhoods.
while
Sec.8-202 Approvals Required
No structure or
buildingshall be built or remodeled until a conditional use permit, when applicable,
development plan and/or subdivision plan approval has been obtained as outlined in Chapter 3 and 4 of
the code and further approvals of landscaping, architecture, signs, etc., as applicable,have been obtained
as outlined in Article 3-3 hereof.
Sec.8-203 Use Regulations
A. Permitted Uses
Buildings or structures shall be limited to 60,000 square feet of gross floor area per use. They shall be
used,erected,altered or enlarged only for the following uses:
a. Business and professional offices and uses.
a. Uses permitted within the same C-N use category
b. Broadcasting station and studio, radio or television, excluding transmitting, receiving,
telecommunications,or cellular telephone towers
c. Business schools or similar private schools
d. Photographic studio
e. Printing,lithography,publishing or Photostatting establishment
f. Studio for professional work or teaching of any form of commercial or fine arts
g. Telephone answering service and call centers
b. Retail sales.
a. Uses permitted within the C-N use category
g
b.
General merchandising, including variety and specialty stores, excluding adult video and
bookstores
c. Automobile service store
d. Clothing store
e. Furniture store
c. Services
(1) Uses permitted with the same C-N use category
8-6
Chapter 8 COMMERCIAL DISTRICT REGULATIONS
(2) Appliance repair
(3) Community buildings other than hospitals,parks, and playgrounds
(4) Day spa
(5) Funeral Chapel with mortuary services
(6) Museum
(7) Post Office
(8) Private clubs,not including alcoholic beverages
d. .Accessory buildings.
e. Antennas
(includingsatellite dishes up to 1 meter in diameter), subject to requirements set forth in
Sec. 9-117a. Satellite dish antenna exceeding 1 meter in diameter shall be subject to DRB review
and recommendation, and staff approval per Section 9-117a.
f. Minor Communication Facilities,subject to requirements set forth in Section 9-117b.
2. Police stations and publicly or privately rivately owned fire stations and emergency rescue facilities,
includingvehicular storage and housing for personnel subject to the provisions of Section 9-
102 and 9-107.
7. Analogous uses as determined by the Planning and Zoning Administrator
B. Uses Subject to Conditional Use Permit
Buildings s or structures may exceed 60,000 square feet of gross floor area per use. They shall be
used, erected, altered or enlarged only upon Town Council approval, as specified in Article 3-2, for
the following uses
a. Permitted uses that exceed 60,000 square feet
b. Uses subject to conditional use permit in C-N zoning that are not permitted uses in C-1
c. Clinic with urgent care facilities
d. Motel or hotel
e. Theater,excluding adult movies
f. Expansion of legal non-conforming uses
g. Car Washes
h. Car Rental Establishments
i. Auto detailing
j.
Analogous uses as determined by the Planning and Zoning Administrator
Sec. 8-204 Property Development Standards
The followingdevelopment standards shall apply to all land and buildings in the C-1 District.
prope�y
A. Minimum Property Size
Any property for which C-1 zoning is requested shall contain a minimum of 5 acres.
B. Open Space Requirement and Floor Area Ratio
a. There shall be a minimum of 20%of the net lot area in open space.
8-7
Chapter 8 COMMERCIAL DISTRICT REGULATIONS
b. A minimum
of two (2%)percent of the net lot area shall be devoted to functionally landscaped
p
open space which shall include customer and employee oriented amenities such as seating areas
and all or a portion of the required public art.
c. The gross floor area for a structure
shall not exceed the amount equal to .30 multiplied by the
net lot area in square feet.
C. Building Height
No building shall exceed 2 stories in height and the exterior height shall not exceed 25 feet. Architectural
elements such as bell towers may exceed this limitation by no more than ten (10')feet.
D. Placement of Buildings
C-N standards apply
E. Yards and Setbacks
a. Front yard.
a. Minimum front yard setback: 20 feet.
b. Side and rear yard.
C-N standards apply
Sec.8-205 General Provisions
The provisions of Chapter 9 and13 shall apply.
8-8
Chapter 8 COMMERCIAL DISTRICT REGULATIONS
ARTICLE 8-3. C-2 COMMERCIAL DISTRICT
Sec.8-301 Purpose
This C-2 Commercial District is intended to permit all uses in the C-1 Commercial District, plus commercial
activities designed to serve a large area. The intent of this zoning district is to allow commercial uses to satisfy the
needs of the regional area with emphasis on shopping centers and group commercial developments. Uses must
incorporate extensive mitigation measures to harmoniously co-exist with nearby neighborhoods. Areas
designated C-2 should be recognized as substantial traffic generators and should be located near the intersection
of two principal arterials.
Sec. 8-302 Approvals Required
No structure or building shall be built or remodeled until a conditional use permit when applicable,
development plan and/or subdivision plat approval has been obtained as outlined in Chapter 3 and 4 of
this code and further approvals of landscaping, architecture, signs,etc., as applicable, have been obtained
as outlined in Article 3-3 hereof.
Sec. 8-303 Use Regulations
A. Permitted Uses
Buildings or structures shall be used, erected,altered or enlarged only for the following uses:
a. All uses permitted in the C-1 Commercial District are allowed,except residential.
b. Retail sales.
a. Bars and cocktail lounges without live entertainment or patron dancing
c. Services.
a. Clinic with urgent care facilities
b. Dinner theater
c. Hotel or motel
d. Movie theater,excluding adult theaters
e. Theater for the performing arts
f. Analogous uses as determined by the Planning and Zoning Administrator
B. Uses Subject to a Conditional Use Permit
Buildings or structures shall uses, erected, altered or enlarged only upon Planning Commission and
Town Council review, as specified in Article 3-2 for the following uses:
a. All uses subject to Conditional Use Permit in the C-1 zoning_district that are not permitted uses
in C-2.
b. Automobile sales and accessory services
c. Bars,Private Clubs,and cocktail lounges with live entertainment or patron dancing.
d. Golf driving range
e. Hospital
8-9
Chapter 8
COMMERCIAL DISTRICT REGULATIONS
f. Satellite receiving earth station
g. Self storage
h. Transit center
i. Outdoor activity or storage ancillary to a use specified in Section 8-803A
j. Expansion to legal nonconforming uses (See Section 1-803 for criteria)
k. Analogous uses as determined by the Planning and Zoning Administrator
Sec. 8-304 Property Development Standards
The following property development standards shall apply to all land and buildings in the C-2 District:
op rty p
A. Minimum Property Size
Anyfor which C-2 zoning is requested shall contain a minimum of 10 acres.
propertY
B. Open Space and Floor Area Requirements
a.
There shall be a minimum of twenty(20%)percent of the net lot area in open space.
b. A minimum of two (2%)percent cent of the net lot area shall be devoted to functionally landscaped
open space which shall include customer and employee oriented amenities such as seating areas
p
and all or a portion of the required public art.
c. The
gross floor area of anyone structure shall not exceed the amount equal to .55 multiplied by the
net lot area in square feet.
d. Theg ross office floor area shall not exceed forty(40%)percent of the total gross floor area.
C. Building Height
g
No building shall exceed
2 stories in height and the exterior height shall not exceed 30 feet. Architectural
elements such as bell towers may exceed this limitation by no more than ten(10')feet.
D. Placement of Buildings
C-N standards apply
E. Yards and Setbacks
a. Front yards.
Standards of the C-1 district shall apply
b. Side and rear yard.
yard A and of not less than 50 feet shall be maintained where the lot abuts a single-family residential
district or abuts an alley which is adjacent to the single-family residential district.
yard A and of not less than 25 feet shall be maintained where the lot abuts a multiple-family
residential district.
8- 10
Chapter 8
COMMERCIAL DISTRICT REGULATIONS
Sec. 8-305 General Provisions
The provisions of Chapter 9 and 13 shall apply.
8- 11
Chapter 8 COMMERCIAL DISTRICT REGULATIONS
ARTICLE 8-4 S&C SCHOOLS AND CHURCHES
Sec.8-401 Purpose
district is intended to provide for religious facilities and public and private educational facilities.
This
Sec. 8-402 Approvals Required
No structure or building shall be built or remodeled until a conditional use permit, when applicable,
development plan and/or subdivision plat approval has been obtained as outlined in Chapter 3 and 4 of
this code and further approvals of landscaping, architecture, signs, etc., as applicable have been obtained
as outlined in Article 3-3 hereof.
Sec. 8-403 Use Regulations
A. Permitted Uses
Buildings or structures or premises shall be used,erected, altered or enlarged only for the following uses:
a. Churches.
b. Private schools having a curriculum equivalent to public schools, where applicable, with related
services and activities.
c. Private college or university having a regular curriculum with related services and activities.
d. Public Schools
e. Charter Schools
f. singlefamily
One residence, attached or detached, for the purpose of housing a Minister, Pastor,
Priest,Rabbi,Administrator or Caretaker and his/her family.
g.
Antennas (including satellite dishes up to 1 meter in diameter), subject to requirements set forth in
Section 9-117a. Satellite dish antenna exceeding 1 meter in diameter shall be subject to DRB review
and recommendation,and staff approval per Section 9-117a.
h. Minor Communication Facilities,subject to requirements set forth in Section 9-117b.
i. Day nursery or preschool
j.
Analogous uses as determined by the Planning and Zoning Administrator
B. Uses Subject to Conditional Use Permit
Buildings or structures shall be used, erected, altered or enlarged only upon Planning Commission
and Town Council review, as specified in Article 3-2 for the following uses:
a. Utilities and utility poles, related buildings,structures and appurtenances thereto.
b. Cemetery,including funeral chapel.
8- 12
Chapter 8 COMMERCIAL DISTRICT REGULATIONS
c. Analogous uses as determined by the Planning and Zoning Administrator.
Sec. 8-404 Property Development Standards
The followingdevelopment standards shall apply to all land and buildings in the PS&C District.
propertY
A. Minimum Property Size
School use shall contain a minimum of five(5)acres.
B. Open Space Requirements
There shall be a minimum of 25%of the net lot area in open space.
C. Density
A Single familyresidence will be permitted for each church or school facility for the purpose of providing
g
housing for an Administrator,Minister,Pastor,Priest,Rabbi or Caretaker and his/her family.
D. Building Height
1. No building shall exceed 1 story in height and the exterior height shall not exceed 24 feet except for
the following uses:
a. Gymnasiums may not exceed 36-feet
b. Auditoriums may not exceed 45-feet
c. Architectural elements such as bell towers may exceed this limitation by no more than ten
(10') feet. The number of steeples, spires, towers or campaniles or similar structures is
limited to one unless otherwise approved by the Development Review Board.
d. Religious symbols placed atop such structures are not included in the calculation of building
height,but are limited to a maximum height of 5 feet.
E. Distance Between Buildings
All buildings must be separated in the manner prescribed in the building and fire code.
F. Yards and Setbacks
a. Church,Private School and College Facilities:
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 other PS&C properties.
b. Residence:
a. If the S&C parcel is abutted by an R-1 District, the setback requirements of that abutting district
shall apply to the S&C residence.
8- 13
Chapter 8 COMMERCIAL DISTRICT REGULATIONS
b. If the property abuts other than an R-1 District, the setbacks outlined in Sec. 6-203E (R1-144
District) shall apply.
c. All recreational facilities and related apparatus shall be a minimum of 50 feet from all property lines=
except when adjacent to a recreational use.
Sec. 8-405 General Provisions
The provision of Chapter 9 and 13 shall apply.
8- 14
Chapter 8 COMMERCIAL DISTRICT REGULATIONS
ARTICLE 8-5. T-P TECHNOLOGICAL PARK DISTRICT
Sec.8-501 Purpose
This district is intended to provide for administrative, research and specialized manufacturing activities at a low
intensity. Uses include a mix of light industrial, professional office, office/showroom, office/warehouse,
ancillary retail services and related uses. All uses shall be of a non-nuisance type and minimal scale having
low silhouette, a variety of separate building masses and landscaped areas. This district is to provide employment
near residential areas and the development standards are intended to be compatible to adjacent residential uses and
provide a park-like setting for employment.
Sec. 8-502 Approvals Required
No structure or building shall be built or remodeled until a conditional use permit, when applicable,
development plan and/or subdivision plan approval has been obtained as outlined in Chapter 3 and 4 of
this code and further, approvals of landscaping, architecture,signs,etc., as applicable,have been obtained
as outlined in Article 3-3 hereof.
Sec. 8-503 Use Regulations
A. Permitted Uses
Buildings or structures shall be used erected, altered or enlarged only for the following uses:
1. General Primary Uses
a. Broadcasting station and studio,radio or television
b. Research laboratory, excluding use of any radioactive materials
c. Motion picture production
d. Offices:business,professional and governmental
e. Blueprinting,printing,lithograph,publishing or Photostatting
f. Antennas (including satellite dishes up to 1 meter in diameter), subject to requirements set forth in
Section 9-117a. Satellite dish antenna exceeding 1 meter in diameter shall be subject to DRB review
and recommendation,and staff approval per Section 9-117a.
g. Minor Communication Facilities,subject to requirements set forth in Section 9-117b.
h. Communications, informational and other technical service businesses
i. Electronic and Optical instruments and devices, assembling and manufacturing
j. Municipal Services
k. Police stations and publicly or privately owned fire stations and emergency rescue facilities,
including vehicular storage areas and housing for personnel subject to provisions of Section 9-
102 and 9-107.
1. Biotechnology research and products
m. Computer software and hardware development
2. Manufacturing and Processing Primary Uses
a.Art needlework,hand weaving and tapestries
b.Books hand binding and tooling
c.Jewelry
d.Medical,dental and drafting instruments
8- 15
Chapter 8 COMMERCIAL DISTRICT REGULATIONS
e. Astronomical equipment and Optical goods, including lenses, telescopes, watches, clocks and
other similar precision instruments.
f. Small electrical or electronic apparatus
g.Musical instruments,games or toys
h.Computer software and hardware
3. Ancillary Uses and Support Services Buildings or Structures shall be limited to 5,000 square
feet of gross floor area per use.
a. Retail sales directly related to and contained within the structure of a Primary use
b. Clothes cleaning agencies and Laundromats,excluding industrial cleaning and dying
c. Restaurants,delicatessen or café
d. Banks and financial offices
e. Health studio, Health spa or Fitness center limited to indoor activity within a soundproof
building
f. Day nursery or preschool when the child drop-off point is more than 100 feet from a
residential district
g. Analogous uses that are directly related to serving Primary Uses, as determined by the
Planning and Zoning Administrator
4. Analogous office, laboratory and manufacturing uses which do not create any danger to the
health and safety to the surrounding areas and which do not create any offensive or hazardous
noise, vibration, smoke, radioactivity, electromagnetic interference, dust, odor, heat or glare
and excessive truck traffic as determined by the Planning and Zoning Administrator.
B. Uses Subject to a Conditional Use Permit
Buildings or structures shall be used, erected, altered or enlarged only upon Planning Commission
and Town Council review,as specified in Article 3-2 for the following uses:
1. Office, laboratory and manufacturing uses that pose a considerable degree of risk or danger to
the health and safety in surrounding_areas, as determined by the Building Official,Fire Service
Provider and Planning and Zoning Administrator. This includes uses that may create offensive
noise, vibration, smoke, radioactivity, electromagnetic interference, dust, odor, heat or glare
and excessive truck traffic.
2. Major Communication Facilities
3. Residential ancillary to the Technological Park uses in accordance with the Development
Standards set forth in Section 7-104 and 9-115 of this code. The residential component shall be
limited to ten (10)percent of the gross land area.
4. New utility poles and above ground wires
5. Outdoor activity or storage ancillary to a use specified in Section 8-503A
6. Self Storage
7. Ancillary uses in excess of 5,000 square feet
8. Analogous uses as determined by the Planning and Zoning Administrator
8- 16
Chapter 8
COMMERCIAL DISTRICT REGULATIONS
Sec. 8-504 Property Development Standards
The followingproperty development standards shall apply to all land and buildings in the T-P District.
A. Minimum Property Size
Minimum property size in T-P shall be five(5)acres.
B. Open Space Requirement and Floor Area Ratios
1. There shall be a minimum of twenty-five(25%)percent of the net lot area in open space.
2. A minimum of two (2%) percent of the net lot area shall be devoted to customer/employee
oriented open space which shall include seating areas and all or a portion of the required public
art.
3. The gross floor area shall not exceed the amount equal to .50 multiplied by the net lot area in
square feet.
4. The gross floor area of any one structure shall not exceed 15,000 square feet except that, on lots
that exceed ten (10) gross acres,the size of the buildings may be established by the Development
Review Board.
5. The total land area of ancillary uses, not contained within a primary use facility is limited to
twenty (20%) percent of the developable building pad area within the subject T-P zoning
district boundary.
C. Building Height
The exterior height of a building shall not exceed 34-feet.
D. Distance Between Buildings
All buildings must be separated in the manner prescribed in the building and fire codes.
E. Setbacks
1. Front Yard: A ratio of 3:1 shall be used. Building not exceeding a height of twenty-four(24')feet a
ratio of 2:1 will be permitted. Height of building shall be finished grade to the top of the parapet or
ridge pole.
2. Side and rear yards
A yard of not less than 50-feet shall be maintained where the lot abuts a residential district or
abuts a street or easement which is adjacent to a residential district.
Sec. 8-505 General Provisions
8- 17
Chapter 8 COMMERCIAL DISTRICT REGULATIONS
The provisions of Chapter 9- 13 shall apply.
8- 18
Chapter 8 COMMERCIAL DISTRICT REGULATIONS
ARTICLE 8-8 PARKS AND OPEN SPACE DISTRICT
Sec. 8-801 Purpose
This district is intended primarily for those areas of the Town where it is desirable and necessary to provide
permanent park,public open space,and in general, areas to be preserved in their present or managed state.
Sec. 8-802 Approvals Required
No structure or building shall be built or remodeled until a conditional use permit, when applicable,
development plan and/or subdivision plan approval has been obtained as outlined in Chapter 3 and 4 of
this code and further approvals of landscaping, architecture, signs,etc., as applicable,have been obtained
as outlined in Article 3-3 hereof.
Sec. 8-803 Use Regulations
A. Permitted Uses
Buildings or structures shall be used erected, altered or enlarged only for the uses listed below. All other
uses not specifically listed or determined to be similar to those described below will be prohibited and
unlawful.
a. Parks and open space
b. Recreation facilities and trails
c. Undeveloped natural lands
d. Accessory uses and structures incidental to the use and located on the same site including parks
maintenance facilities and concession facilities.
e. Minor Communication Facilities, subject to requirements set forth in Section 9-117b.
f. Analogous uses as determined by the Planning and Zoning Administrator.
B. Uses Subject to a Conditional Use Permit
Buildings or structures shall be used, erected, altered or enlarged only upon Planning Commission
and Town Council review,as specified in Article 3-2,for the following uses:
a. Flood control facilities
b. Water recharge areas
c. Privately owned,not for profit facilities
d. Major Communication Facilities,subject to requirements set forth in Section 9-117b.
e. Analogous uses as determined by the Planning and Zoning Administrator.
Sec. 8-804 Property Development Standards
The following property development standards shall apply to all land and buildings in the Parks and Open
Space District:
A. Minimum Property Size
None
8- 19
Chapter 8 COMMERCIAL DISTRICT REGULATIONS
B. Open Space Requirements
The gross floor area shall not exceed the amount equal to .15 multiplied by the net lot area
excluding parking areas.
C. Building Height
No building shall exceed one (1) story in height and the exterior height shall not exceed 18-feet with the
exception of:
a. Gymnasiums may be permitted up to 36 feet in height.
b. Community center auditoriums may be permitted up to 45 feet in height.
D. Distance Between Buildings
All buildings must be separated in the manner prescribed by the building and fire codes.
E. Yards and Setbacks
All recreational facilities (excluding trails, par courses, bikeways and similar amenities) and related
apparatus shall be a minimum of 50 feet for all property lines.
Sec. 8-805 General Provisions
The provisions of Chapter 9- 13 shall apply.
8-20
Chapter 9 CONDITIONAL USE REGULATIONS
CHAPTER 9
DEVELOPMENT STANDARDS FOR NON-RESIDENTIAL USES
ARTICLE 9-1 GENERAL DEVELOPMENT STANDARDS FOR ALL NON-RESIDENTIAL
USES(EXCLUDING PARKS)
Sec. 9-101 Applicability
This chapter applies to all permitted and conditional uses that are non-residential, excluding parks.
The requirements specified herein are in addition to those specified in the corresponding zoning district.
Section 9-102 depicts general requirements for all non-residential uses and Sections 9-103 through 9-
114 includes additional requirements for specific uses.
Sec.9-102 General Requirements For All Non-Residential Uses
A.In addition to those specified in the applicable zoning district the following requirements must
be satisfied.
B. Fire Access:
1. At least two driveways should be provided for circulation and emergency vehicle access where
practical.
C. Architecture; Subject to Development Review Board Approval:
1. All structures shall be designed in a"Southwest"architectural style. This includes styles know as
"Southwest Contemporary","Territorial","Spanish Colonial","Mission"."Santa Fe" and"Santa
Barbara Mission" and/or in accordance with the applicable guidelines of the governing Planned
Area Development. This is to encourage the use of mass walls normally associated with such styles.
2. Use of standardized corporate identification themes integrated into the architectural design shall be
strictly regulated by the Development Review Board. Excessive use of such themes may be used as
grounds for denial of the project.
3. The architectural character of the pad buildings shall be integrated with the design theme of the
center through the use of the same building materials, shapes, details and colors. All parking,
circulation, driveways,setbacks and signage shall be integrated with the entire design theme of the
project.
4. Coordinate similar project types on adjoining parcels e.g. commercial at an intersection.
Coordinate means that certain design elements such as site walls, open space, colors or landscape
elements must be similar. Compatibility and visual coherence is desired,not necessarily sameness.
5. The elevation design of the building shall provide a consistently high level of design character and
detailing on all five sides(see Figure 1)
INSERT GRAPHIC
CHAPTER 9 CONDITIONAL USE REGULATIONS
6. Accessory structures (structures other than the primary buildings)such as screen walls gas station
canopies,carports,signage structures) must be coordinated so that they reflect the character of the
primary building(s)in terms of scale,materials,colors and style.
7. Ground level and rooftop mechanical equipment utility transformers, meters, and service
components, vents and ducts must be fully screened from public view and installed in a manner
that prevents obstruction or distraction of views as depicted in Figure 2. Screening must be
consistent with building design. Low reflectivity materials are preferred.
Figure 2
Figure 13
Screen Roof Top Meeh an ieai Equipment
screen view
from above
/
-.r i.r.-.--rte--,
4*ire*"r 'mt
. i
4#*4*{ff
h {tee*46 -4'i
.
'
• -
ii •
8. The design must accentuate pedestrian movement and scale. At a minimum the following must be
incorporated:
a. Covered arcades in areas of high pedestrian activity (shopping areas, public facilities) must be
provided.
b. Utilize pedestrian scale features at the ground level, such as planters benches and textures.
(Figure 3)
Figure 3
9-2
CHAPTER 9 CONDITIONAL USE REGULATIONS
Flee 12
Ground Level Pedestrian ScS e
Envri NV overherg
n
a.
. :1711..
MP 11131
.rf ...jar Atti ,--.. , Ad, . I
• , .a d a
11 !r:jaill-rili •,11,:lant 1,,.,' . , . , ,. .. r
12 rillirrik - s-.iiiiiiiii r 0,,oji.,
.1.6,_ 2;railv... 0 ii, rol.c..i.r.t.,1.5..,,i setting
V .,i'Ljoi• I 1,E!II..:01. , .II ,ill 1 I MU lb '-tte --ipiliim--- ilil!
f�• lam� � 1 _ .. +•JOf!
.
4111101 4 ‘11", iii. "..- A i II .
.-H-',........I.r;:-. .-I. 0"1 ilk't,: li.
r 3Pr. . a.. - -.I.-,----z- V iir---
4w.a. r 1•
�d vR .... .-... .--. ..... ra. ••-..... arr••�n. } . .1.1■1..- .aa.;l--Tn
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-1
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c. Ground level facades that face public streets and/or primary parking areas must have one-story
pedestrian scale features for at least 2/3 of the horizontal length of the side of a building.
Features may include windows,entry areas,arcades and/or overhangs(awnings,trellis,etc.)
9. Visual impacts must be moderated to reduce the apparent scale and mass of structures. This must
be
accomplished as follows:
a. Break up mass of buildings over 30,000 square feet by dividing into basic geometric components
(one story at pedestrian entrances) with intersecting wall planes (Figure 4) subject to DRB
review.
9-3
CHAPTER 9 CONDITIONAL USE REGULATIONS
Figure 9
Buildings Based Upon Combinadons of
Basic Geometric Forms
oio140(PP.its
..-1‘110
. irlr.l
00,
i ,Irr .•
r.
b. Emphasize the horizontal; however, facades greater than 100-feet in horizontal length
(Figure 5) must be broken every forty feet (minimum) by a series of combination of
recesses off-sets or contrasting forms. Recesses off-sets, or contrasting forms must be of
sufficient size to effectively mitigate the visual impact of the horizontal line and mass
subject to DRB review.
Figure 5
Figure 23
Commercial Facades
111[111111111,
recess or
T r"rr-• off-set every
14)4set
windows reilis or
entry areas
sir e
.1.41
•r rr •• err+ _
1 1—..—•—. Fes, V: ' '•
•
'acini c ies to redLre the apparent
size and scale of large Iuirva:
9-4
CHAPTER 9 CONDITIONAL USE REGULATIONS
c. Vary roof lines to reduce the visual impact of building mass by incorporating one or a
combination of the following elements, subject to review by the Development Review Board
(Figure 10).
1.Low sloping roofs
2. Undulating parapets with multiple transitions and a clearly discernable height differential to
conceal flat roofs and roof-top equipment.
3. Overhanging eaves
INSERT GRAPHIC
d. The relationships of buildings must create open spaces and pedestrian continuity.
e. Building entries must be clearly articulated.
f. Drive-through loading and service areas must be oriented to face away or be adequately
screened from public streets.
D. Landscaping
The provisions of Chapter 14 shall apply.
E. Lighting
The provisions of Chapter 17 shall apply
F. Parking Lot Requirements
All parking areas shall conform to the provisions of Chapter 27
G. Noise
1. Noise from internal loudspeakers,paging systems,live entertainment or stereo speakers shall not
exceed 30 decibels at the property line.
2. No external speakers,except for drive through order purposes shall be permitted on the premises.
H. Signage
1. The provisions of Chapter 12 shall apply.
I. Outdoor Storage and Activities
1. All operations and storage shall be conducted within a completely enclosed building or within an
area contained by an opaque wall with a mortar wash finish or other finish designed to match the
main building on the site. Items stored, excluding vegetation, may not be visible from private or
public streets or adjacent residential areas.
9-5
CHAPTER 9 CONDITIONAL USE REGULATIONS
2. Outdoor storage containers are not permitted.
3. No outdoor display of goods, outdoor sales or temporary outdoor storage is permitted, except by
Special Use Permit.
4. With the exception of newspaper dispensing machines, outside displays of merchandise, cigarette
machines or other dispensing machines is prohibited.
5. 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 maintained in a litter free condition.
J. Pedestrian Circulation
1. An on-site pedestrian circulation system must be provided.
2. Connections:
a.All adjacent streets must be connected to the main entrance(s).
b. All buildings on the site, parking areas, bicycle parking, recreational areas, common outdoor
areas and amenities must be interconnected.
c. Provide pedestrian connections to trail networks, paths and public amenities and adjacent
land uses.
d.Improvements in accordance with the Town Bike and Pedestrian Plan must be provided.
3. Materials
a.The circulation system must be hard surfaced and be at least six(6')feet wide.
b. Where the system crosses driveways, parking areas and loading areas, the system must be
made clearly identifiable by incorporating the following mechanisms; use of elevation
changes, such as a speed table, 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.
c. 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 physical 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
equipped with curb ramps. Bollard spacing must be no further apart then five (5') feet on
center.
K. Sale and Service of Alcoholic Beverages
1. 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
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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.
L. Canopies
1. Canopies shall not be located closer than ten (10') feet to any side or rear property line. Design of
the canopy shall architecturally match the design of the main building. Signage of any type
including corporate colors is prohibited on canopies. The maximum height of the canopy shall not
exceed eighteen(18')feet or the height of the nearest structure,whichever is most restrictive.
M. Odors
1. Smoke and odor may not be detectable from outside the building.
2. It is recognized that accumulated food waste materials on the premises tends to create a public
nuisance and they shall be disposed of at least once every 24 hours or as volume dictates. Spilled
grease, oils or fats located near refuse areas or any other area shall be promptly removed with a
biodegradable solution.
Sec. 9-103 Commercial Stables
A. The minimum property size shall be 10 acres.
B. Thero osed site shall not be adjacent to subdivided single family residential property unless that
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residential property contains an equestrian easement along the contiguous boundary.
C. The stable property shall contain a buffer strip 100 feet wide that is on all sides that are adjacent to a
residential property. This strip shall only consist of existing vegetation and all native plant salvage
material.
D. There shall be a buffer strip 40 feet wide maintained and used as described above adjacent to any street.
E. There shall be no shows or other activities which would generate 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 the Town Council. Permission shall be requested in a letter
which explains the nature and duration of the activity, accommodations for spectators, traffic and
additional parking for cars and trailers. This letter shall be submitted to the Town Clerk at least two weeks
prior to the hearing at which consideration is desired.
F. All pasture and animal storage areas shall be enclosed with fences or walls a minimum of 4 feet to 6 feet
in height. The design of these enclosures shall be shown on drawings submitted with the use permit
application.
G. All laws applicable to the public health must be complied with for the entire period of operation of the
stable.
H. All stable, activity and pasture areas that are not grassed shall be treated for dust control as approved by
the Town Council.
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Sec. 9-104 Day Nursery or Preschool
A.The proposed facility shall comply with all requirements of the County and State Health Department.
B. A solid wall or opaque fence a minimum of 6 feet high and a landscape buffer shall be provided around
play areas abutting any residential zone.
C. Provision for child drop-off with pedestrian access to the building entrance shall be incorporated into the
plan.
Sec.9-105 Mature Adult Retirement Quarters,Rehabilitative Care and Skilled Nursing Care
Facilities
A. Mature Adult Retirement Quarters:
1. At a minimum,all Mature Adult Retirement Quarters must provide:
a. A food preparation area with staff.
b. A communal dining area.
c. Group activity area(s).
d. Personnel available for monitoring of residents'general health and well-being.
e. An emergency monitoring system in all units.
f. Transportation to local retail outlets,business and professional services.
2. The design criteria set forth in Sec. 9-105D shall also be applicable.
B. Rehabilitative Care Facilities and Skilled Nursing Facilities:
1. The facility shall include both private and semi-private rooms; the proportion of each shall be proposed by
the applicant and subject to approval of the Zoning Administrator. Most private patient rooms shall
include private toilet and bathing facilities and shall be designed, and used, for single occupancy.
Alternatively,private showers and dressing rooms may be provided in a central facility,as approved by the
Zoning Administrator. Each semi-private room shall include private toilet and sink facilities.
2. The provider shall submit a written description of the type of patient the facility will serve, the level of
care to be provided and the average length of patient say, with the application for development plan
review.
3. The design criteria set forth in Sec. 9-105C shall also be applicable.
C. Development Standards Applicable to Mature Adult Retirement Quarters, Rehabilitative and Skilled
Nursing Care Facilities:
Mature Adult Retirement Quarters, Rehabilitative and Skilled Nursing Care Facilities must meet all
applicable State and local codes and receive regular inspections. Proof of compliance shall be supplied to
the Town of Oro Valley on an annual basis.
The living conditions provided, and the general quality of the environment, shall be evaluated against those
quality control criteria set forth in that document known as, "Assisted Living Quality Initiative", a copy of
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which is
available in the Oro ValleyPlanning and Zoning Department. Requirements include, but are not
limited to:
1. Common areas for dining and other social activities which allow residents an opportunity for socialization.
Public restrooms shall be provided in adequate numbers and at locations convenient for use by residents
and the public.
2. Laundry service,either on-or off-site.
3.
Open space areas so arranged and landscaped as to provide an attractive outdoor environment for
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residents,which is also safe, secure and can be adequately supervised by staff members.
Sec.9-106 Tennis Club
A.The minimum property size shall be 3 acres.
B. Fencing of courts shall not exceed 12 feet in height and may be required to be opaque by the Town Council.
C. There shall be no shows, tournaments or other activity which 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
must be obtained via a Special Use Permit.
Sec. 9-107 Fire and Police Stations and Emergency Rescue Facilities
A. Minimum property size: 1 acre
B. Permitted coverage of buildings and parking: 75%of the gross site area
C. Required open space: 25% of the site area, either left in a natural state or landscaped in accordance with
article 14-2 of this code.
D. Vehicular Storage Areas:
All fire,police and emergency vehicles shall be stored/serviced within a building or in an area enclosed by
a six(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 four(4')feet in height and spaced no more than four(4') feet apart.
E. Access:
At least two driveways shall be provided to assure safe ingress/egress. The location and number 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 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.
F. Noise:
1. When abutting a residential district, sirens on vehicles shall not be activated until emergency vehicles
reach the nearest arterial street unless there is obstructive traffic enroute.
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Sec.9-108 Erection of New Utility Poles and Wires
A. The establishment of new utility poles and/or wires will be permitted only in the event the applicant
makes an affirmative showing that the public's general health, safety and welfare will not be impaired,
endangered or jeopardized by the proposed erection. Aesthetics shall be the primary consideration
involved in the erection of new utility poles and wires.
B. In addition,the following factors shall be considered in evaluating a conditional use permit request:
1. The location and height of such poles and wires and the relation to the present or potential roads;
2. The crossing of such lines over much traveled highways and streets;
3. Proximity of such lines to schools,churches and other places where people may congregate;
4. Fire or other accidental hazards from the presence of such poles and wires and the effect, if any, of the
same upon the effectiveness of fire fighting equipment;
5. The availability of a suitable right-of-way for the installation;
6. Future conditions which may be reasonably anticipated in the area in view of a normal course of
development;
7. The type of terrain;
8. 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.
D. Exceptions. 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 from the Town Council pursuant to Sec.
9-109 provided,however,this section shall not be applicable:
1. To new utility poles and wires erected for temporary use for periods not in excess of 4 months for purely
temporary purposes such as for providing temporary building construction power or for emergency power or telephone 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.
2. Nor to the 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, all of the same to be of a size,type and design approved by the Town Engineer.
3. 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.
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4. Nor to utility poles and wires erected prior to December 31, 1983.
E. Definitions
As used within Section 9-109, "utility poles and wires" shall mean poles, towers, structures, wire, cable,
conduit, transformers and related facilities used in or as a part of the transportation or distribution of
electric power or in the transmission of telephone,telegraph, or television communication.
1. "Existing utility poles and wires" shall mean such utility poles and wires as are in place and in operation as
of December 31, 1983.
2. "New utility poles and wires" shall mean such utility poles and wires as are not existing utility poles and
wires and shall include such utility poles and wires as in the future may constitute replacement for, or
repairs to, existing utility poles and wires and shall not include 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.
Section 9-109 Timeshare Plan
A. Each timeshare unit development shall have an established association to ensure constant maintenance of
the exterior and interior of the development.
B. On-site security shall be provided for each timeshare development.
C. On-site sales are not permitted.
D. These conditions will be reviewed during the development plan phase of the proposed timeshare unit.
Section 9-110 Convenience Uses
Section 9-110(A)Tier Convenience Uses
Tier I Convenience uses have a moderate level of traffic generation and general impact on surrounding
uses. They include the following non-residential uses with drive-through access: banks and financial
institutions, drug stores and pharmacies,Laundromats and analogous uses as determined by the Planning
and Zoning Administrator.
A. Tier I Timing of Development
1. The development plan and building elevations for a shopping center shall be reviewed and
approved by the Development Review Board and Town Council prior to or simultaneously with
the approval of the development plan and building elevations for a convenience use.
2. Convenience use development 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
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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 pertaining to site design, maintenance and operational
performances.
B. Location:
1. No convenience use shall be located closer to a Residential District than 250 feet.
2. No convenience uses shall be located closer to any public park or school than 500 feet.
3. The distance between any of the aforementioned districts or uses and a convenience use shall be
measured from the abutting edge of the residential district/use to the closest convenience use property line
or lease line. The limit of the property line or lease line shall include all required parking,landscaping and
setbacks of the specific convenience use.
4. Locational Requirements:
a. Convenience uses shall be ancillary to and located in shopping centers, office parks, and a
combination of a shopping center and office park as a mixed use development. Convenience uses
shall not be permitted in office parks in an R-6 district.
b. The total number of convenience uses shall not exceed 1 pad per 4.5 acres of shopping center or
office park. No more than one convenience use shall be permitted for every nine acres of office
park.
c. All convenience uses shall be accessed through a common driveway serving the center or office
park. Furthermore, all convenience uses shall provide access points to the internal
circulation driveways and parking areas of the center as exemplified in illustration B unless
otherwise approved by the Town Council.
INSERT ILLUSTRATION B
5. Regulations (Sec. 9-110A, 1-5) shall not apply to any Planned Area Development adopted prior to May
27, 1988,the effective date of this ordinance.
C. Additional Traffic Impact Analysis Submittals:
1.All submittals of development plans must, in addition to the requirements set forth in Article 4-5,submit
a traffic impact analysis to be prepared by a registered licensed professional engineer. Acceptance of
the traffic impact analysis does not necessarily guarantee approval of the development plan or
conditional use permit by the Town Council. Said study will address the following additional elements
as they pertain to the proposed development: The analysis must show internal circulation with the
parking area and ingress and egress of the proposed development. Such a study shall address
queuing of vehicles at ingress and egress points and the drive-through windows.
2. The amount of stacking space required for waiting vehicles shall be determined by the traffic
impact analysis.
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3. Convenience uses are to be accessed via driveways serving the larger development in which they
are located. However, if traffic safety warrants only one direct access point (driveway) per
arterial frontage may be approved by the Town Engineer for an individual convenience use.
4. No convenience use shall have direct vehicular access onto a residential street, i.e. any street
which provides a lower level of service than a collector street.
D. Noise:
1. Noise from drive-through speakers shall not exceed 30 decibels at the property line.
Sec.9-110(b)Tier II Convenience Uses
In addition to those specified in the applicable zoning district, Sec. 9-102(1), there are specialized
treatments for Tier II Convenience Uses. Tier II uses produce a high level of traffic generation and
general impact on surrounding uses. They include the following: drive-through/drive-in restaurants,
convenience markets, car washes, gas stations and analogous uses as determined by the Planning and
Zoning Administrator.
A. Tier II Timing of Development
1. 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. Tier II Specific Use Requirements
1. Drug Stores
a. Only one stand alone drug store may be located at any one street intersection.
2. Service Stations Automotive
a. No more than two service stations are to be located at any street intersection. The minimum
distance between service stations not located at the same intersection is to be 500 feet.
b. A minimum building site of one (1) acre (43,560 sq. ft.) is required. Lot frontage is to be not less
than 200 feet.
c. Gasoline pumps and pump islands are to be set back from the property line sufficient distance so
that vehicles being served or waiting will not occupy required setbacks.
d. 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 and fender work is not permitted.
e. Where towing service is to be provided,a parking bay for the towing vehicles is to be provided and
screened. Said vehicle shall be screened on three sides with a minimum six (6') foot opaque wall
which architecturally matches the main building. Vehicles that are either under repair or vehicles
that have been repaired may be stored on a temporary basis not to exceed seven (7) days and
designed parking bays must be provided for each vehicle awaiting repairs.
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f. All structures approved under this conditional use permit shall be of a design character that is
appropriate to the area in which they are to be constructed. Renderings of buildings shall
accompany each application and construction shall be inconformity thereto. All canopies shall be
connected to the roof of the main structure unless otherwise approved.
2. All restroom entrances shall be screened from view of adjacent properties or street rights-of-way
by a decorative wall.
h. 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.
i. Parking space for two (2) vehicles for each service bay in the station shall be provided. Pump
islands shall not be considered as service bays. Standing areas at pump islands and interior
circulation areas shall not be used as parking areas in calculating required parking spaces.
j. All entrances to service bays shall be from the rear of the building. The front sides and to as much
extent as possible the rear of the building shall receive compatible design character and detail.
the wall from any residential use.
3. Car Washes Automatic and Self Service
a. All detergents must be biodegradable.
b. A screen wall shall be constructed along any site property line which abuts property zoned for
residential uses. Plantings at least four (4) feet in height and spaced no more than three (3) feet
apart shall screen
c. Building surfaces shall be faced with stuccos masonry, brick or some other permanent-looking
material. Corrugated metal is prohibited.
d. Outdoor sale of automobile accessories such as batteries,tires,gasoline,etc is prohibited.
e. Upon construction of the car wash the most current recycling technology and equipment that is
available at the time shall be installed for use.
f. The use of effluent water when available is required.
g. No exterior loud speakers shall be allowed.
h. The 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.
i. All car washes shall be fenced and include a locked gate to prohibit entrance after hours of
operation.
j. The hours of operation shall be limited to 8:00 a.m.to 8:00 p.m.
k. Signs shall be posted prohibiting the playing of loud music.
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Sec. 9-111 Churches
A. Minimum Property Size: 144,000 square feet.
B. Open Space Requirements:minimum 25%of net lot area
C. Density:
One family singleresidence will be permitted for each church facility for the purpose of providing housing
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for a minister,pastor,priest,rabbi or caretaker and his/her family.
D. Building Height:
1. S&C zoning standards apply.
E. Distance Between Buildings: 10 feet between buildings
F. Yards and Setbacks:
1. 50 Feet from any abutting residential district,R1-36,R1-43,R1-144,R-4,R-S or R-6.
2. 20 Feet from any abutting commercial district,T-P,C-1,C-2,C-N or PS&C properties.
3. 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
outlined in sec. 6-203E(R1-144 district) shall apply.
4. All recreational facilities and related apparatus shall be a minimum of 100 feet from all property lines.
5. The number of steeples, spires, towers or campaniles or similar structures is limited to one unless
otherwise approved by the Development Review Board.
Sec.9-112a Antenna
The following devices are permitted in all districts provided the following standards are met:
A. Residential Antenna Standards:
Antennas, which are building mounted or ground mounted, are permitted in all residential zoning districts,
subject to the following conditions:
1. 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.
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CHAPTER 9 CONDITIONAL USE REGULATIONS
c. Location.
All ground-mounted antennas are to be located in the rear yard, unless rear yard
locationp rovides 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 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 fullyscreened 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.
2. 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. height ht. The maximum hei ht of the antenna shall be the minimum height necessary for reception
of radio waves.
3. Amateur Radio Equipment: Such equipment is permitted in all residential zones, provided the following
standards are met:
a. Theheightequipment,maximum of the e ui ment, 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.
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'.
4. 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.
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CHAPTER 9 CONDITIONAL USE REGULATIONS
e. Height. The maximum height of building mounted antenna that are over 1 meter in diameter shall
be the minimum height that is necessary for reception of radio waves.
f. Application submittals shall include an application, a site plan, dimensions of the antenna, and
justification for need.
B. Commercial Antenna Standards:
Antennas which are building mounted or ground mounted are permitted in all commercial zoning districts,
subject to the following conditions:
1. Ground Mounted:
a. A ground mounted receive or transmission satellite dish that is 2 meters (6.56 feet) or less in
diameter, and up to five feet in 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. Antenna 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.
2. Building Mounted:
a. A building mounted receive or transmission antennae, or satellite dish that is 2 meters (6.56 feet)
or less in diameter, shall be allowed to be mounted on the roof. Such antennae 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.
3. Satellite Dishes exceeding 2 meters in 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 2 meters in diameter. The following standards and materials shall be included with an application for
DRB review:
a. A maximum diameter of 15 feet will be permitted.
b. Ground mounted satellite dishes 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.
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CHAPTER 9 CONDITIONAL USE REGULATIONS
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 are over 2 meters in diameter
shall be the minimum height that is necessary for reception of radio waves.
f. Application submittals shall include an application, a site plan, dimensions of the antenna, and
justification for need.
Sec.9-112b Communication Facilities
A. Applicability:
1. No communications facility shall be erected or installed except in compliance with the provisions of this
Section. The provisions of this Section apply to all communications equipment, whether such 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.
2. The following communications facilities are exempt from the requirements of this section: police, fire,
ambulance,and other emergency dispatch functions.
B. General Requirements For All Communications Facilities
1. Stealth Applications
a. All facilities shall be constructed using stealth applications for the antennae. A stealth application
entails the camouflaging of an antenna, 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
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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.
2. No communication facilities shall be permitted on developed or undeveloped lots where the primary use is
or is platted for a dwelling.
3. 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.
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CHAPTER 9 CONDITIONAL USE REGULATIONS
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 Corridor 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.
4. 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.
g. 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.
5. Additional Standards for Development in Parks &Open Space Zoning
a. For areas not utilized as a developed public or private park, golf course, or 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 Chapter 14,may not be disturbed.
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CHAPTER 9 CONDITIONAL USE REGULATIONS
6. 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.
7. Noninterference with Public Safety
a. No wireless communication transmitter, receptor, or other facility shall interfere with police, fire,
and emergency public safety communications.
8. 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.
9. Monopole and Tower Site Standards
a. Any new monopole shall be separated from the nearest monopole—regardless of ownership and
p
jurisdictional 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.
10. 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.
11. Provider's Communication Plan
a. Eachp rovider shall submit a plan of its facilities to the Town prior to any application for the
installation of a tower or antennae. The plan shall cover the entire Town and within three (3)
miles of the Town limits.The plan shall include the following.
9-20
CHAPTER 9 CONDITIONAL USE REGULATIONS
(1) All of the provider's existing towers and antennae,by size and type, and their coverage areas.
Location map to be submitted in a digital format approved by the Planning and Zoning
Administrator.
(2) All presently anticipated future service areas and the types of antennae and heights desired for
each of the service areas. Location map to be submitted in a digital format approved by the
Planning and Zoning Administrator.
(3) Thevarious types of antennae and towers used by the provider to furnish service and when
they are used. This includes drawings providing the sizes and shapes of the antennae and
equipment and written materials describing their application.
The rovider's olic direction for the mitigation and/or reduction of existing and proposed
(4) p policy
towers and antennae to avoid the negative proliferation of such facilities.
(5) The provider's policy direction on the mitigation and/or the reduction of the negative visual
impact created by existing or proposed towers and antennae, including any proposals to
conceal or disguise such facilities designed to be architecturally and/or environmentally
compatible with their surroundings.
(6) The provider's policy direction on collocation of antennae on their own facilities or on ones
from other providers or on other structures, which provide the verticality, required for the
antennae. The policy shall also provide that the provider shall not enforce any requirement by
an owner of property,which would prohibit collocation.
(7) Designation of an agent of the provider who is authorized to receive communications and
notices pursuant to this Section.
b. The Provider Communication Plans shall be utilized to require collocation and/or clustering of
new facilities where technically feasible.
12. Application Requirements
a. This section applies to all facilities except existing those involving exterior finish or color
changes, minor additions, and minor site plan revisions. The aforementioned exceptions may be
approved by the Planning and Zoning Director, subject to appeal to the Development Review
Board.
b. A completed application form with original signatures from all applicants, including the property
owner(s), facility owner, and wireless communication provider.
c. A written statement that depicts the proposed facility (height, construction type, provisions for
collocation), and location of and distance from the closest facility.
d. A site plan showing location dimensions of all antenna,towers, equipment structures and parking,
and setbacks from all property lines and structures.
e. Photo simulations, elevations and details of the STEALTH application shall be provided to
demonstrate integration and/or camouflaging.
9-21
CHAPTER 9 CONDITIONAL USE REGULATIONS
f. The applicant shall provide names and addresses in label format for Public Notification. Include
all property owners within 300 feet for Tier I minor communication facility applications only and
within 600 feet for all other communication facility applications.
g. Native Plant Salvage and Landscape Plans,as required.
h. The applicant shall submit written documentation from a registered professional engineer
demonstrating that the NIER emissions from the proposed project are within the limits set by the
Federal Communications Commission(FCC).At a minimum,the following must be addressed:
(1) explanation and determination whether or not the structure qualifies as a FCC categorical
exemption
(2) frequency and maximum power of the RF source(s) in question, as well as any nearby
sources,and the FCC mandated limits
(3) antenna type: omni directional or directional(includes sectored)
(4) a copy of the Environmental Assessment, only if the FCC requires one, shall be submitted to
the Town.
(5) location of any nearby reflecting surfaces or conductive objects that could produce regions of
field intensification("hot spots")
(6) status of FCC facility and site approval.
(7) an updated Provider's Communication Plan must be provided for new towers or monopoles
that are forty feet or taller, the applicant shall demonstrate that the engineering of the pole or
tower and the placement of ground mounted facilities will accommodateother providers'
facilities. The owner of the tower or pole and the property on which it is located must certify
that the pole or tower is available for use by another wireless telecommunications provider on
a reasonable and non-discriminatory basis.
C. Minor Communication Facilities:
1. General Standards for Minor Facilities:
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
P&Z Administrator or DRB.
2. 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.
9-22
CHAPTER 9 CONDITIONAL USE REGULATIONS
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:
(1) 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 other existing structures
whichever is less.
(c) For utility poles or other similar structures the diameter may be increased up to sixty
percent.
(2) Or they shall be located within concealment structures such as flagpoles, cactus, or desert
trees that are entirely camouflaged.
(3) Unlimited Collocations on all existing facilities.
(4) 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.
3. 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:
(1) New monopoles or towers that are forty feet or less in height. The overall height may be
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.
(2) Collocation on existing structures are subject to the following requirements:
9-23
CHAPTER 9 CONDITIONAL USE REGULATIONS
(a) Theheight of the utilitypoles, 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 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
1. Major Communication facilities are those facilities that do not meet the minor communications facilities
criteria.
2. 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.
3. Tier II stealth criteria apply to all major communication facilities.
4. All Major Communication Facilities shall meet the following criteria:
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.
Sec.9-113 Special Use Permits for Temporary Uses
A. Administrative Approval Required
The Planning and Zoning Administrator may approve permits for special uses (see Sec. 2-101 for
definition)for any temporary use of property,developed or undeveloped,within the Town of Oro Valley.
B. Application Submittal and Fee
Not less than 15 days prior to the scheduled event,the applicant shall present five copies of an application,
to include the following materials,for review by the Planning and Zoning Administrator:
1. A location map of the subject property;
2. A dimensioned site plan indicating the layout of the proposed special use and the number of parking
spaces used,if applicable;
3. Duration of the use/event and daily hours of operation;
9-24
CHAPTER 9 CONDITIONAL USE REGULATIONS
4. Proposed signage (including banners), if applicable (see Sec. 12-102A,No. 3 for Temporary Sign Waiver
procedure;
5. Written permission of the property owner,if other than the applicant;
6. Estimates of traffic impacts and potential crowds;
7. Additional security and maintenance measures, and traffic control to be employed, if applicable;
8. Lighting/electrical plan,if applicable,and;
9. A non-refuapplicationfee, per the adopted fee schedule, assessed on a sliding scale basis, with
p
special consideration given for not-for-profit, civic,philanthropic or similar special use events.
At his/her discretion, the Planning and Zoning Director may waive certain submittal requirements,
including the application fee,if deemed unnecessary or inappropriate,based on the nature of the request.
C. Criteria for Approval
Upon staff certification that all required information has been submitted, the materials will be
disseminated to the Police Department, Building Codes Department, the Fire Protection/Emergency
Service provider, the Town Clerk's office and any other department requiring review of the plans, based
on the special use requested. Each reviewer will be required to provide comment to the Planning and
Zoning Director within 5 working days of receipt. The Planning and Zoning Director shall consider the
responses from the reviewing departments and the potential negative impacts of the proposed special use
on surrounding properties with respect to:
1. Damage or nuisance arising from noise,smoke,odor,dust,vibration or illumination;
2. Hazard to persons and property from possible explosion,contamination, fire or flood;
3. Unusual volume or character of traffic not adequately addressed through traffic control measures; and,
4. Compatibility of said special use with the surrounding area.
D. Approval and Issuance of Special Use Permit
1. If all four findings are met and all Town concerns are, or can be satisfied, the Planning and Zoning
Director may approve and authorize issuance of the requested special use permit. A time limit, not to
exceed 60 days, and any other conditions deemed necessary to protect the public health,safety and general
welfare,may be imposed as conditions.
2. At his/her discretion, the Planning and Zoning Director may grant temporary modifications to Zoning
Code requirements specific to the needs of a special use on a case-by-case basis. Any such modification
approved shall not be construed as precedent setting,nor shall it be deemed applicable to any other special
or permitted use.
E. Other Permits Required
9-25
CHAPTER 9 CONDITIONAL USE REGULATIONS
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.
F. Revocation of Special Use Permit
The violation of any condition imposed by the Planning and Zoning Director on special use permit
approval shall constitute a violation of this ordinance and, subject to 24 hours' notice, said permit may be
revoked. If revocation of a special use permit occurs, said special use must be curtailed at the end of the
24 hour notification period.
Sec. 9-114 Car Rental Establishments
A. Parking lots used for the storage of rental cars shall meet the screening requirements and minimum
number of parking spaces in compliance with Chapter 11, Off-Street Parking, Chapter 14, Landscape and
Buffer yard requirements,and any applicable overlay district.
B. There shall be no car washing, cleaning or repair activities of rental cars permitted on site.
C. Parking lots larger than 25 spaces devoted solely to the parking of rental cars shall be prohibited.
Sec.9-115 Residential Development in Technological Park(T-P)
A. The minimum property size shall be twenty-five(20) acres.
B. Design Criteria
1. The overall plan shall be comprehensive, embracing land, buildings, landscaping and their
interrelationships.
2. The plan shall provide for adequate open space, circulations, off-street parking and pertinent
amenities. Buildings,structures and facilities in the parcel shall be well integrated,oriented and
related to the topographic and natural landscape features of the site.
3. The proposed development shall be compatible with existing and planned land uses and with
circulations patterns on adjoining properties. It shall not constitute a disruptive element to the
neighborhood or community.
4. The internal street system shall not be a dominant feature in the overall design; rather it should
be designed for the efficient and safe flow of vehicles without creating a disruptive influence on
the activity and function of any common areas and facilities.
5. Common areas and recreational facilities shall be so located so as to be readily accessible to the
occupants of the dwelling units and shall be well related to any common open spaces provided.
6. Architectural harmony within the development and within the neighborhood and community
shall be obtained so far as practicable.
C. Open Space
There shall be a minimum of ten (10%) percent of the gross lot area in open space.
9-26
CHAPTER 9 CONDITIONAL USE REGULATIONS
1. A minimum of two (2%) of the gross lot area shall be provided as frontage open space to
provide a setting for the building(sl, visual continuity within the community and a variety of
spaces in the streetscape, except that the frontage open space shall not be required to exceed
fifty(50)square feet per one(1)foot of public street frontage excluding drives.
2. A recreation area shall be centrally located within the development consist with the standards in
Article with Section 4-305.F of this code and shall contain the following elements:
a. Tot play area with shade structure if appropriate to the residential market
b. Picnic table with ramada.
c. Half basketball court if appropriate to the residential market.
d. Other seating areas as the area may dictate.
3. The remainder of the required open space shall be provided in common open space.
D. Required Findings
Before approval for residential development within a C-N District the Planning and Zoning
Commission in considering the Use Permit, the Development Review Board in considering the
Development Plan and/or Preliminary Plat and the Town Council must find:
a. That the development proposed is in substantial harmony with the General Plan and can be
coordinated with existing and planned development of surrounding areas.
b. That the streets proposed are suitable and adequate to serve the proposed uses and the
anticipated traffic which will be generated thereby.
c. The Planning and Zoning Commission, Development Review Board and Town Council shall
further find that the facts submitted with the application and presented at the hearings will
establish beyond a reasonable doubt that the development will constitute a residential
environment of sustained desirability and stability that will be in harmony with the character of
the surrounding area.
9-27
Monday, November 24, 2003— 4:00 pm
Telephone call received by FOP President Detective Herb Williams
indicating he (or his designee) will be in attendance at the December 1, 2003
Study Session. He would like to specifically discuss "continued
negotiations" and "the process of negotiations."
MEMORANDUM
HOUss i 8 26'i3Ati 0.: L"•�
IOU
TO: MAYOR PAUL LOOMIS AND ORO VALLEY TOWN COUNCIL
FROM: DAN KRUEGER,OVPA PRESIDENT
SUBJECT: STUDY SESSION AGENDA
DATE: 11/26/2003
We would like the following items considered for discussion for the Study Session on December
1st, 2003 at 1630 hours:
1. Meet and Confer Ordinance previously submitted.
2. Town of Oro Valley Grievance Board make up and procedures.
Thank you for your consideration in these matters.
O P' Y A R/�O
pQ � y TOWN OF ORO VALLEY
4111144:7.-- 11000 N. LA CANADA DRIVE
ORO VALLEY,ARIZONA 85737
Administrative Offices(520)2294700 Fax(520)297-0428
$6„ www.townoforovalley.com
1,,
°UNDED �
'o
November 14, 2003
Detective Herb Williams, FOP #53 President
11000 North La Canada Drive
Oro Valley, Arizona 85737
Dear Detective Williams:
As you are aware, the Council at the November 19, 2003 Regular Session set
a Study Session for Monday, December 1, 2003 at 4:30 p.m. to discuss
employment issues potentially affecting the Town's public safety
employees. In preparation of the Study Session, I request that you submit to
the Town Clerk, a list of specific topics that you would like to discuss with
the Council and management staff, by the end of business on Monday,
November 24, 2003. Please be specific in identifying your issues to assure a
meaningful discussion on December 1st
In order to conduct an orderly Study Session, you as President of the FOP,
or your designee (Oro Valley Police Department Employee), will be asked
to speak for and represent your association. The Council is looking forward
to speaking with you on Monday, December 1st
Sincerely,
Paul H. Loomis
Mayor
cc: Oro Valley Town Council
Chuck Sweet, Town Manager
Danny Sharp, Police Chief
Kathi Cuvelier, Town Clerk
OQy
TOWN OF ORO VALLEY
11000 N. LA CANADA DRIVE
•�' ORO VALLEY,ARIZONA 85737
Administrative Offices(520)229-4700 Fax(520)297-0428
www.townoforovalley.com
n.FoUN
DIN
November 14, 2003
Officer Dan Krueger, OVPOA President
11000 North La Canada Drive
Oro Valley, Arizona 85737
Dear Officer Krueger:
As you are aware, the Council at the November 19, 2003 Regular Session set
a Study Session for Monday, December 1, 2003 at 4:30 p.m. to discuss
employment issues potentially affecting the Town's public safety
employees. In preparation of the Study Session, I request that you submit to
the Town Clerk, a list of specific topics that you would like to discuss with
the Council and management staff, by the end of business on Monday,
November 24, 2003. Please be specific in identifying your issues to assure a
meaningful discussion on December 1st
In order to conduct an orderly Study Session, you as President of the
OVPOA, or your designee (Oro Valley Police Department Employee), will
be asked to speak for and represent your association. The Council is looking
forward to speaking with you on Monday, December 1st
Sincerely,
Paul H. Loomis
Mayor
cc: Oro Valley Town Council
Chuck Sweet, Town Manager
Danny Sharp, Police Chief
Kathi Cuvelier, Town Clerk
TOWNOEORO VALLEY - GRIEVANCE PROCESS
Prior to Grievances being heard by the Grievance Review Board (Pursuant
to Policies 19 and 20), there is an informal/formal grievance review and
resolution process (outlined in Policy 18). The process includes the
following steps:
Informal Grievance Process:
1 . The employee discusses the issue with their supervisor.
2. If the employee still does not feel the issue has been resolved, they
are to discuss the issue with their Department Head.
3. If an acceptable solution is not reached within 30 days of the initial
disclosure to their supervisor, the employee may pursue resolution
through the formal grievance review process.
Formal Grievance Process:
1 . The employee notifies the immediate supervisor in writing of the
grievance within ten days of the conclusion of the informal process
noted above. (If the grievance involves the immediate
supervisor/Department Head, the employee should proceed to step
2.) If the employee is not satisfied with the Supervisor's decision, the
grievance should be filed with the Department Head.
2. If the employee is still not satisfied with the Department Head's
decision, the employee may file the grievance with the Town
Manager.
3. If the employee is not satisfied with the decision of the Town
Manager, the employee may then file the grievance with the
Grievance Review Board, whose decision is final.
At each step in the formal grievance procedure, time frames apply for the
submission of actions and for the delivery of responses. Disclosure of any
supporting documents or other evidence or materials is required.
Grievance Review Board (GRB) Hearings:
Should the employee be dissatisfied with the Town Manager's decision, the
employee may file an appeal to the Grievance Review Board. This must
also be in writing and is subject to review by the GRB. The GRB has the
sole discretion to decide whether to hear the grievance or not (i.e., whether
it is grievable under the terms of the policy). GRB decisions are final.
TOWN OF ORO VALLEY - GRIEVANCE PROCESS
The following issues are considered grievable under the terms of
Town of Oro Valley policy 18:
"An employee's disagreement concerning any interpretation or
application of work-related policy by management or other
employees. Examples.. ..are:
A. Application of Town guidelines, policies, or procedures believed
to be to the detriment of the employee;
B. Treatment considered unfair by an employee, such as coercion,
reprisal, harassment, or intimidation;
C. Alleged discrimination because of race, creed, color, national
origin, sex, handicap, veteran status, age, religion, or sexual
orientation; and
D. Improper or unfair administration of employee benefits or
conditions of employment, such as vacations, fringe benefits,
promotions, retirement, holidays, or seniority."
The following are precluded from grievance consideration under the
terms of Policy 18:
A. "Any matter on which the Town is without authority to act.
B. The evaluation of an employee's performance.
C. Content or structure of Classification or Pay Plans, or benefit
programs. Individual compensation is not a grievable issue.
D. Suspensions of five days or less.
E. Extension of a probationary period.
F. In the case of police officers, selection, assignment and/or
reassignment to special positions by the Chief of Police.
G. Matters involving municipal finance or budgetary issues.
H. Any matters specifically reserved to the discretion of
management."
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ARS § 23-1411 . Public safety
employee organizational rights
A. Public safety employees serving any
city, town, county or fire district in this
state have the right to join employee
associations which comply with the laws of
this state and have freedom to present
proposals and testimony to the governing
body of any city, town, county or fire
district and their representatives. A
person shall not be discharged, disciplined
or discriminated against because of the
exercise of these rights.
B. This section shall not be construed to
compel or prohibit in any manner any
employee wage and benefit negotiations.