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AGENDA ORO VALLEY TOWN COUNCIL STUDY SESSION NOVEMBER 25, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION — AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL 1. DISCUSSION REGARDING HIRING INCENTIVE POLICY 2. DISCUSSION REGARDING THE COMPARISON BETWEEN THE ARIZONA STATE RETIREMENT SYSTEM AND THE ICMA RETIREMENT PROGRAM 3. SIGN CODE REVIEW ADJOURNMENT The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Oro Valley Town Clerk, at 229-4700. Posted: 11/20/02 4:30 p.m. Ih TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 25, 2002 TO: HONORABLE MAYOR AND COUNCIL FROM: Jeff Grant, Human Resources Director SUBJECT: Discussion regarding Hiring Incentive Policy SUMMARY: On August 21, 2002 the Human Resources Director presented Ordinance No. (0) 02-27 to the Town Council which requested an amendment to the Town's Personnel Policies to add a Hiring Incentive Policy for "hard-to- fill"positions. At that meeting the Town Council expressed concerns about the proposed policy relating to "caps," employee commitments, and reports to the Town Council. This item is on this Study Session agenda in order to continue the discussion of this potential amendment to the Town's Personnel Policies, and to hopefully address the Town Council concerns expressed on August 21, 2002. ATTACHMENTS: 1. Council Communication for the Regular Meeting of August 21, 2002. 2. Excerpt of Minutes (item #4) for Incentive Pay Policy(8/21/02 meeting). 3. October 16, 2002 email from the Human Resources Director to the Town Manager regarding the City of Peoria, Arizona Hiring Incentive Policy. �. 7 Jeff Gran' Human Resources Director Chuck Sweet, Town Manager TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 21, 2002 TO: HONORABLE MAYOR AND COUNCIL FROM: Jeff Grant, Human Resources Director SUBJECT: Ordinance No. 0 02- 27 Amending Policy No. 3, General Provisions, of the Town of Oro Valley Personnel Policies and Procedures Code. SUMMARY: The Town of Oro Valley adopted the Town of Oro Valley Personnel Policies and procedures Code byOrdinance (0-99-35) on A ril 21, 1999. Revisions to the subject policy are suggested in order to Cod p provide the Town Manager with the ability to respond to periodic labor shortages in various job classifications. Ordinance revises PolicyNo. 3 — "General Provisions" of the Town of Oro Valley Personnel The attached . Procedures Code, to allow the Town Manager to provide competitive job offers in critical or"hard- to-fill" and . " positions byallowingthe Town Manager to approve limited exceptions to other pertinent policies and to fill procedures. the Oro ValleyPolice Department is experiencing a shortage of qualified police officer candidates. Currently, p The shortage is occurringfor both recruit and lateral officer candidates. The shortage has become an industry past three-fouryears. Inprior years, Oro Valley was competitive and maintained a waiting list of norm for the[ ualified candidates. In thepast ast few years, this situation has changed dramatically requiring action. agencies have institutedpolicies and incentives focused on the recruitment of qualified candidates at both Other _ . the recruit and lateral (experienced) officer level. Some of the incentives offered by other jurisdictions are: increased a more comprehensive insurance benefits, special skills pay, signing bonuses, increased employer pay, p contribution levels for benefits, take-home vehicles, etc. Experienced officers (laterals) are often reluctant to consider a move to another agency because they will have to give upvacation or sick leave accruals and accrual rates gained through service at the other agency. Upon a move to Oro Valley, they will have to start their accruals anew with lower accrual rates (two weeks per year with Oro Valley as opposed to three or, in some cases, four weeks per year with their other agency). pp stressed that the situation in the Police Department is not unlike similar situations that have occurred It must be over the yearsinvolving the recruitment of Civil Engineers, Urban Planners, and other, periodically "hard-to- fill" classifications. The attached Ordinance will allow the Town Manager to develop and implement short-term recruitment p strategies for specific classifications which from time to time may be designated as "hard-to-fill." In most cases, the request for special action will originate with the Human Resources Director, after consultation with the appropriate Department Head. While it is envisioned that in most cases, requests will involve the use of additional vacation or sick leave, more .ggravated situations mayrequire the use of limited duration cash hiring incentives, or other creative methods of attracting the top talent that Oro Valley strives to recruit and retain. OUN CIL COMMUNICATION TOWN OF ORO VALLEY Page 2 of 2 FISCAL IMPACT: ed that an /all recommendations pursuant to this policy change will be consistent with the existing Itlspropos y budget. All proposed incentives, vacation accrual changes, etc. are presumed to be necessary on the approved .g . the "hard-to-fill" nature of the positions involved, which infers that there will be unspent salary dollars basis of available topay for the temporary/short-term incentives. On that basis, there should be no impact to existing or future budgets. SUGGESTED MOTION: PP I move to approve Ordinance No. 0 02 - 27 amending the Town of Oro Valley Personnel Policies and Procedures Code, Policy No. 3 — General Provisions. „z„77 Jeff G •nt, Human Resources Director if Chuck Sweet, Town Manager ORDINANCE NO. 02 -27 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING POLICY NO. 3 GENERAL PROVISIONS, OF THE TOWN OF ORO VALLEY PERSONNEL POLICIES AND PROCEDURES CODE; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER. WHEREAS, on April 21, 1999, the Town Council did adopt Ordinance Number(0) 99- 35, whi c h made that certain document entitled, "Town of Oro Valley Personnel Policies and Procedures Code,"part of the Town Code and the official procedural manual for all Town employees; and WHEREAS, the Town has deemed it necessary to amend Policy No. 3, to grant the Town Manager authority to implement short-term hiring incentives; and WHEREAS,pursuant to Arizona Revised Statute § 9-240, the Town has the authority to and procedures for its employees and the Town believes an amendment to the provide policies Town of Oro Valley interest Policies and Procedures Code is in the best of the employees of the Town. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley,e Arizona, that the certain document, known as the "Town of Oro Valley Personnel Policies and Procedures Code,"is hereby amended as follows: SECTION 1. Section 3 of PolicyNo. 3 — General Provisions - is added to include the following shown in ALL CAPS. POLICY 3 — GENERAL PROVISIONS SECTION 1. Amendment and Revision of Changes: Amendments and revisions to these proposed policies may ro be osed to the Town Council through the Town Manager. The Council may, at its sole discretion byOrdinance, change or modify these policies at any time. Amendments and policies to these shall become effective upon their adoption by the Town Council. SECTION 2. Applicability licabilit of Personnel Policies and Procedures: These policies and procedures shall to employees apply all of the Town or Oro Valley except elected officials, boards and commissions, persons engaged under contract to supply professional or members of personnel services, volunteer who received no regular compensation from the Town and such other personnel as the Council may designate. SECTION 3. THE TOWN MANAGER MAY DEVELOP AND IMPLEMENT SHORT- TERM RECRUTMENT STRATEGIES FOR SPECIFIC JOB CLASSIFICATIONS WHICH FROM TIME-TO-TIME MAY BE DESIGNATED AS "HARD-TO-FILL" POSITIONS. NORMALLY THE DESIGNATION OF A "HARD-TO-FILL" CLASSIFICATION WILL ORIGINATE FROM THE HUMAN RESOURCES DIRECTOR IN CONSULTATION WITH THE APPROPRIATE DEPARTMENT HEAD, AND WILL BE BASED ON DOCUMENTED DIFFICULTIES EXPERIENCED IN FINDING QUALIFIED CANDIDATES FOR SPECIFIC CLASSIFICATIONS SIFICATIONS IN PRIOR RECRUITMENT EFFORTS. SPECIFIC STRATEGIES MAY INCLUDE THE USE OF CASH HIRING INCENTIVES, ADDITIONAL ANNUAL LEAVE OR SICK LEAVE ENTITLEMENTS, OR OTHER EXCEPTIONS TO EMPLOYEE BENEFITS OR COMPENSATION AS MAY BE PROVIDED THROUGH OTHER POLICIES IN THE TOWN OF ORO VALLEY PERSONNEL POLICIES AND PROCEDURES CODE. ALL COSTS OF ANY RECRUTIMENT STRAGTEGIES DEVELOPED PURSUANT TO THIS POLICY WILL BE CARRIED OUT WITHIN THE CONSTRAINTS OF APPROVED BUDGETS. CTION 2. Pursuant to 41-1346, the Town shall maintain efficient record management for SECTION localpublic ublic records and it has been determined that this Ordinance is a public record with three copies of said Ordinance to remain on file in the office of the Town Clerk. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance and portion of the Town Code. SECTION 4. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 5. If anysection, subsection, sentence, clause, phrase or portion of this Ordinance is S E � nt for anyreason held to be invalid or unconstitutional by the decision of any court of compete jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 21st day of August , 2002. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney 08/21/02 Minutes, Council Regular Session 2 Resolution No. (R)02-71 Declaring as a public record that certain document �. relatingto the establishment of the Oro Valley Building Safety Board of Appeals,ls, entitled "Article 6-9, Building Safety Board of Appeals" of the Oro Valley Town Code 1. Resolution (R) 02-72 Affirming the Town of Oro Valley's commitment to share in the construction cost of a 2.7 mile long multi-use path along the Canada del Oro Wash in between La Canada Drive and First Avenue contingent on the successful procurement of a 2002 Round 10 Transportation Enhancement Grant Resolution (R) 02-73 Project No. 0V30 01/02-13 Authorizing Acceptance of Bid and Award of contract to West Point Contractors for the Shadow Mountain Drainage Improvements in the amount of$24,998.00 K. OV12-00-13A Approval of a one (1)year extension of an approved K. PP . developmentplan fora proposed retail and office facility located within the P Foothills Business Park located near the northeast intersection of Oracle Road and East Hanley Blvd., Parcel Nos. 22010016A & 22010017A effective 11/15/02 — 11/15/03 V12-00-20 Approval of a final plat for the "Sunset Ridge Estates"Rancho L. O pp Vistoso Neighborhood 10 Parcel Z subdivision located north of Moore Road and half mile west of Rancho Vistoso Boulevard, Parcel # 219216360 M. PP Appointment of Jan Johnson as the Catalina Council representative to the General Plan Update 2020 Technical Advisory Committee 2. PUBLIC C HEARING — LIQUOR LICENSE APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR DRAGON VILLAGE RESTAURANT LOCATED AT 12152 N. RANCHO VISTOSO BOULEVARD C- #180 MOTION: Council Member Rochman MOVED to APPROVE the request for a Series 12 Liquor License for Mr. PingChi Chan at the Dragon Village Restaurant located at 12152 N. Rancho Vistoso Boulevard C-#180. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 —0. *Mayor Loomis moved Agenda Item #3 to follow Agenda Item #6. 4. PUBLIC HEARING- ORDINANCE NO. (0)02-27 AMENDING POLICY TOWN OF ORO VALLEY GENERAL PROVISIONS, OF THE NO. 3, PERSONNEL POLICIES AND PROCEDURES CODE; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH explained that Human Resources Director Jeff Grantadoption of Ordinance No. (0)02-27 p would revise Policy No. 3 — "General Provisions" of the Town of Oro Valley Personnel Policies & Procedures Code. It would allow the Town Manager to provide competitive fers in critical or "hard-to-fill"positions by allowing the Town Manager to approve job of . exceptions to other pertinent policies and procedures as needed. limitedp 08/21/02 Minutes,Council Regular Session that the Police Department is experiencing a shortage Mr. Grant further reported of p police officer candidates for both recruit and lateral officer candidates. In prior qualified competitive years, the Town was and maintained a waiting list of qualified candidates, . but changed this situation has chap ed dramatically. He stated that the same situation has occurred in other departments over the years. Mr. Grant explained that in most cases, the request for any special action would originate with the Human Resources Director after consultation with the appropriate Department e also stated that in most cases, the requests would involve use of additional Bead. H vacation or sick leave; however, in more aggravated situations, the use of limited duration cashmay hiring incentives be utilized. Mr. Grant reported that the recommendations would be consistent with the existing approved budget. question response to a from Council Member Wolff regarding a "cap" on what would be offered, Mr. Grant explained that specifics have not yet been defined; however, they expect ect that most offers would be one week's worth of vacation or one week's worth of leave and would be offered upfront. The offers would be a short term incentive. sick ]ea _ . Mr. Grant also reported that other public entities are using hiring incentives including P cash incentives. to question from Council Member Rochman regarding the incentives In response a impact to the existing budget, Mr. Grant explained that the incentive would not increase P . employee's vacation accrual, but would grant the vacation up front so that the the employee would not have to wait for six months to take vacation time. Abbott expressed her concern regarding any cash Council Member incentives that may be p g offered, and suggested that there be a commitment from the prospective employee about the amount of time they would remain in the employ of the Town. She also suggested - that ons sti ulatibe placed on the amount of any cash bonus and that anything over that P certain amount would need to be approved by the Town Council. Mr. Grant explained that one to deal with cash bonuses would be to issue the bonus way over aP eriod of time and not necessarily distribute the entire cash bonus up front. He explained that the "stretch" bonus would also help if an employee did not "work out." Vice Mayor Johnson stated that he supported the objective of offering hiring incentives y . as the Town must be able to be more competitive when hiring. However, he felt that thought should go into some of the issues that may arise such as retention. He more gsuggested that if possible, the Council should be advised of the situation and any actions gg that may be taken. He also suggested that "caps"be established. .yor Loomis openedpublichearing.the hearin . There being no speakers, the public hearing was closed. 08/21/02 Minutes,Council Regular Session 4 Human Resources Director, the Town Manager, Vice Mayor Johnson suggested that the possibly Mayor and a Council Member could meet to develop guidelines, restrictions. pro-rating, identify needs, etc., and bringthe item back to the Council for consideration. Items suggested for consideration were: • A commitment be required (such as a minimum of one year employment with the Town.)• Cash bonuses over 10% of salaryr would be discussed with the Mayor, with a notification to the Council. Identify caps and rationale on cash incentives. • Periodicp �. re or�ting of hiring of"hard-to-fill's positions beyond establishes guidelines possibly on a quarterly basis. . CONTINUE Ordinance No. (0)02-27 until MOTIOl�• Vice Mayor Johnson MOVED tosuch timebring as staff is readyto it back to the Council with further information as discussed. Council Member Abbott SECONDED the motion. Motion carried, 5 — 0. 5. CONTINUED PUBLIC HEARING - ORDINANCE NO. (O )02-24 ORDINANCE TRANSLATING THE ZONING ING FROM PIMA COUNTY CODES TO ORO VALLEY ZONING CODES, WITH CONDITIONS, (ORO RANCHO VISTOSO PLANNED AREA `ALLEY DEVELOPMENT) ON THE KNOWN AS RANCHO VISTOSO NEIGHBORHOOD 12, LYING PROPERTY WITHIN SECTIONS 13 AND 24 OF TOWNSHIP 11 SOUTH RANGE 13 EAST NOTCH FORMED BY THE TOWN IN THE BOUNDARIES BETWEEN RANCHO VI STOSO NEIGHBORHOODS 11 AND 13; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH (PARCELS 21904009E, 21920002A, AND 21920002B (CONTINUED FROM AUGUST 1, 2002) Director Brent Sinclair reviewed the Council Communication Community Development and explained thaton August 1, 2002, the Town Council continued this item and directed g . bringit back translatingthe Pima County zoning to non-Planned Area staff to . ent (PAD), Oro zoning districts. He reviewed an overhead map Developm Valley p depicting the areas and explained that the Pima County CR-1 (Single Residence) zone would translate to Oro Valley's R1-36 (LDR-Low Density Residential) zoning. The Pima County CR-5 ((Multiple Residence) zone would translate to Oro Valley's R-6 � Residential) zoningand Pima County's RH (Rural Homestead) (HDRMUlti-Family zoning would translate to Oro Valley's R1-144 (Single Family Residential-1 home per 3.3 acres) zoning. reported that when theproperty was rezoned by Pima County in March Mr. Sinclair also p 2002, a development agreement was tied to the rezoning. He explained that this would guide and supercedes the zoningdistricts that these are translated to. He explained that agreement established the number of the development lots that are allowed, established set backs and density, required uired that 70% of the site remain as natural open space, and q established a maximum gradingof 16,000 square feet is allowed. He explained that the 1 Gt�L+ 1 V1. 3 Message Sweet, Charles From: Grant, Jeff Sent: Wednesday, October 16,2002 12:00 PM To: Sweet, Charles; Sharp, Daniel Subject: Hiring Incentives POlicy I contacted Greg Eckman, Human Resources Director for the City of Peoria. He informs me that the Peoria City Council adopted the following policy: Incentive Recruitment Pay Upon the recommendation of the Human Resources Director, the City Manager may authorize a temporary employment recruitment incentive for a designated job classification upon a finding that the City is experiencing�encin serious recruitment difficulties in filling any open or promotional positions in that classification." That is the extent of their policy. Greg reports that to date, theyhave used the policy to approve payments for$6,000 for Police Officers ($3,000 at time of hire and $3,000 at the completion of probation). They have also used , it for Dispatchers for lesser amounts. Jeff TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 25, 2002 TO: HONORABLE MAYOR AND COUNCIL FROM: Jeff Grant, Human Resources Director SUBJECT: Discussion regarding the comparison of the Arizona State Retirement System and the ICMA Retirement program SUMMARY: Ongoing employee interest in the State Retirement program has led to interest on the part of the Town Council to explore the state retirement program further. The attached presentation attempts to compare the most significant aspects of the Town's current primary retirement vehicle (the International City/County Management Association—ICMA—401(a) Plan) with the Arizona State Retirement System (ASRS) plan. In addition to a comparison of plan features, a comparison of projected retirement benefits has also been provided using variable assumptions. In addition, it is our understanding that the Arizona State Retirement Board met on Friday, November 15, 2002 to discuss rate estimates for the next fiscal year and for the next ten years. The Human Resources Director is attempting to obtain a report from ASRS regarding the information discussed at that meeting which may be available at the November 25, 2002 meeting. ATTACHMENTS: 1. Retirement Plan Comparison Jeff Gran Human Resources Director 9 J's / Chuck Sweet, own Manager o �z w J• � H� C4aWs wE � CWoP4 C z oa � w CP 4 a z wz � oz � � � a w Do w 4 Eno c) iv At OEa I piT4 Att N • z a � ct itZ 0-44.4 ct • Ai 5 h., 0. .0 -4 o cu cp :: : g c I-0 .0 ..., c.) 0.4cA : w '41'° -5C CA :45 — o wo 4 1 o l' $ii 4\ 04 14 cu citt cit az -+,- 4 -.4 E — -ao ct No Po ,, tu 0. .. 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' 4, .- O O S -t -=4 c14 I : '� 4 a 5 E cu C .4 E C' 4-, cu cu .- CCS C� �h cu .;-',.., h. 74 .1. CA ct cit '1:4 = t ci? : o 3, ..r?: g , c..) c, t;.1 CJ a6 <C 3 E ''' ..... . el „o ,� -0 •.�•r 'w o El a QO at - CU 5 V, E-0 ' "' — o az c 4 - 18 W 4 = i ;., ,., ._ 4' `° 1 $=1 7:11 � o E : c k, Ct = - O VCt —i ' - ... = sm., aw) ...., ,---, at at ci. at 1-4 ii4L4, E E "...raN ,__,-, w at 4--1 E-4 O = .� 1 c ;..4 4-0 4.0 : ~ .0 c a4 VI CC: .1..4 fj 4: 7t. clie Pm* X C E W 1:1 a I .4 oao .... o •/: '' 7: ...: ,.,, = N •,-, „, cJ N tr: 4) . cu al? c.) = v © M M o O ? — c; cl, 6. C.) cu i. Eo! 00 E c6 - p ct 4-4 En- 4? ut:icl V) WN ECI t N v U =E-1 M : ct 74 d .� EXHIBIT A ICMA RETIREMENT PROJECTION 25 Age 25000 Starting Salary 0.03 Salary Increase 0.07 Employer Contribution 0.05 Employee Contribution 0.06 Interest Total Employer Employee Annual Accum. Age Service Salary Contrib. Contrib. Contrib. Savings Interest 25 0 $25,000 $1,750 $1,250 $3,000 $3,000 $3,180 26 1 $25,750 $1,803 $1,288 $3,090 $6,270 $6,646 27 2 $26,523 $1,857 $1,326 $3,183 $9,829 $10,419 28 3 $27,318 $1,912 $1,366 $3,278 $13,697 $14,519 29 4 $28,138 $1,970 $1,407 $3,377 $17,895 $18,969 30 5 $28,982 $2,029 $1,449 $3,478 $22,447 $23,793 31 6 $29,851 $2,090 $1,493 $3,582 $27,376 $29,018 32 7 $30,747 $2,152 $1,537 $3,690 $32,708 $34,670 33 8 $31,669 $2,217 $1,583 $3,800 $38,471 $40,779 34 9 $32,619 $2,283 $1,631 $3,914 $44,693 $47,375 35 10 $33,598 $2,352 $1,680 $4,032 $51,406 $54,491 36 11 $34,606 $2,422 $1,730 $4,153 $58,644 $62,162 37 12 $35,644 $2,495 $1,782 $4,277 $66,439 $70,426 38 13 $36,713 $2,570 $1,836 $4,406 $74,831 $79,321 39 14 $37,815 $2,647 $1,891 $4,538 $83,859 $88,891 40 15 $38,949 $2,726 $1,947 $4,674 $93,565 $99,178 41 16 $40,118 $2,808 $2,006 $4,814 $103,993 $110,232 42 17 $41,321 $2,892 $2,066 $4,959 $115,191 $122,102 43 18 $42,561 $2,979 $2,128 $5,107 $127,209 $134,842 44 19 $43,838 $3,069 $2,192 $5,261 $140,102 $148,509 45 20 $45,153 $3,161 $2,258 $5,418 $153,927 $163,163 46 21 $46,507 $3,256 $2,325 $5,581 $168,743 $178,868 47 22 $47,903 $3,353 $2,395 $5,748 $184,616 $195,693 48 23 $49,340 $3,454 $2,467 $5,921 $201,614 $213,711 49 24 $50,820 $3,557 $2,541 $6,098 $219,809 $232,998 50 25 $52,344 $3,664 $2,617 $6,281 $239,279 $253,636 51 26 $53,915 $3,774 $2,696 $6,470 $260,106 $275,712 52 27 $55,532 $3,887 $2,777 $6,664 $282,376 $299,318 53 28 $57,198 $4,004 $2,860 $6,864 $306,182 $324,553 54 29 $58,914 $4,124 $2,946 $7,070 $331,623 $351,520 55 30 $60,682 $4,248 $3,034 $7,282 $358,802 $380,330 $87,505 $62,503 EXHIBIT B ASRS RETIREMENT PROJECTION 25 Age 25000 Starting Salary 0.03 Salary Increase 0.05 Employer Contribution 0.05 Employee Contribution Employer Employee Age Service Salary Contrib. Contrib. 25 0 $25,000 $1,250 $1,250 26 1 $25,750 $1,288 $1,288 27 2 $26,523 $1,326 $1,326 28 3 $27,318 $1,366 $1,366 29 4 $28,138 $1,407 $1,407 30 5 $28,982 $1,449 $1,449 31 6 $29,851 $1,493 $1,493 32 7 $30,747 $1,537 $1,537 33 8 $31,669 $1,583 $1,583 34 9 $32,619 $1,631 $1,631 35 10 $33,598 $1,680 $1,680 36 11 $34,606 $1,730 $1,730 37 12 $35,644 $1,782 $1,782 38 13 $36,713 $1,836 $1,836 39 14 $37,815 $1,891 $1,891 40 15 $38,949 $1,947 $1,947 41 16 $40,118 $2,006 $2,006 42 17 $41,321 $2,066 $2,066 43 18 $42,561 $2,128 $2,128 44 19 $43,838 $2,192 $2,192 45 20 $45,153 $2,258 $2,258 46 21 $46,507 $2,325 $2,325 47 22 $47,903 $2,395 $2,395 48 23 $49,340 $2,467 $2,467 49 24 $50,820 $2,541 $2,541 50 25 $52,344 $2,617 $2,617 51 26 $53,915 $2,696 $2,696 52 27 $55,532 $2,777 $2,777 53 28 $57,198 $2,860 $2,860 54 29 $58,914 $2,946 $2,946 55 30 $60,682 $3,034 $3,034 $62,503 $62,503 Above yields a retirement benefit of$3389 per month 30 years of service X 2.30 multiplier .69 X $4911 average monthly salary = $3389 monthly benefit EXHIBIT C ICMA RETIREMENT PROJECTION 55 Age 60000 Starting Salary 0.03 Salary Increase 0.07 Employer Contribution 0.05 Employee Contribution 0.06 Interest Total Employer Employee Annual Accum. Age Service Salary Contrib. Contrib. Contrib. Savings Interest 55 0 $60,000 $4,200 $3,000 $7,200 $7,200 $7,632 56 1 $61,800 $4,326 $3,090 $7,416 $15,048 $15,951 57 2 $63,654 $4,456 $3,183 $7,638 $23,589 $25,005 58 3 $65,564 $4,589 $3,278 $7,868 $32,872 $34,845 59 4 $67,531 $4,727 $3,377 $8,104 $42,948 $45,525 60 5 $69,556 $4,869 $3,478 $8,347 $53,872 $57,104 61 6 $71,643 $5,015 $3,582 $8,597 $65,702 $69,644 62 7 $73,792 $5,165 $3,690 $8,855 $78,499 $83,209 63 8 $76,006 $5,320 $3,800 $9,121 $92,329 $97,869 64 9 $78,286 $5,480 $3,914 $9,394 $107,264 $113,699 65 10 $80,635 $5,644 $4,032 $9,676 $123,376 $130,778 $53,793 $38,423 EXHIBIT D ASRS RETIREMENT PROJECTION 55 Age 60000 Starting Salary 0.03 Salary Increase 0.05 Employer Contribution 0.05 Employee Contribution Employer Employee Age Service Salary Contrib. Contrib. 55 0 $60,000 $3,000 $3,000 56 1 $61,800 $3,090 $3,090 57 2 $63,654 $3,183 $3,183 58 3 $65,564 $3,278 $3,278 59 4 $67,531 $3,377 $3,377 60 5 $69,556 $3,478 $3,478 61 6 $71,643 $3,582 $3,582 62 7 $73,792 $3,690 $3,690 63 8 $76,006 $3,800 $3,800 64 9 $78,286 $3,914 $3,914 65 10 $80,635 $4,032 $4,032 $38,423 $38,423 Above yields a retirement benefit of$1370 per month 10 years of service X 2.10 multiplier = .21 X $6526 average monthly salary = $1370 Monthly benefit � r TOWN OF ORO VALLEY . 3 COUNCIL COMMUNICATION MEETING DATE: November 25, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Jerrilyn Billings, Planning Technician SUBJECT: STUDY SESSION, OV7-01-07 AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED CHAPTER 2, DEFINITIONS; CHAPTER 3, PROCEDURES CHAPTER 4, SUBDIVISIONS; AND DEVELOPMENT PLANS; CHAPTER 10, SUPPLEMENTARY DISTRICT REGULATIONS; CHAPTER 12, SIGNS; CHAPTER 13, GENERAL PROVISIONS AND CHAPTER 16, DESIGN GUIDELINES AND TO AMEND THE CODE SETIONS RELATED TO SIGNAGE. BACKGROUND: Staff is currently in the process of updating Chapter 12, Signs, in an attempt to address several areas and concerns regarding signage. Several situations have demonstrated that the code is not comprehensive in its ability to respond to special situations and unique needs of the community. Potential businesses have indicated that greater flexibility is desirable to the commercial market and that an overly restrictive code will serve to hinder current and future commercial development. Though it is important to be responsive to businesses, it is also important to keep the community's high standards for signs. On August 7, 2001, the Planning and Zoning Commission initiated amendments to the Town of Oro Valley Zoning Code Revised (OVZCR) to comprehensively address signage. Since the initiation of the amendments, a considerable amount of research and meetings have taken place with a TAC Group, the public, Chamber of Commerce and staff. Through this process, a large amount of input and suggestions have been applied to the sign code to create a more usable and enforceable code. Over the next few years, it is anticipated that the Town will experience a significant amount of growth for Commercial Development. Neighborhood 4, Steam Pump Ranch and the possibility of the annexation of Oracle Road and Magee, are just a few areas that will rely on a sign code to help them properly identify their establishments. SUMMARY: The following is a summary of the Amendments to the Oro Valley Zoning Code Revised (OVZCR) as it relates to signage: Chapter 2, Definitions A variety of definitions in Chapter 2 in relation to signage have been deleted and/or inserted into Chapter 12, Signs. Chapter 3, Development Review Procedures The DRB Sign Agenda Committee will no longer review permanent signs that already have approved sign criteria in place, however, they will continue to review applications for new sign criteria, Comprehensive Sign Programs, Architectural Design, Landscape Plans and other such applications. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 4 Chapter 4, Subdivisions and Development Plans Sec. 4-711, Monuments, is being deleted. Monuments are being addressed in Chapter 12, Signs. This Section shall remain"reserved". Chapter 10, Tangerine Corridor Overlay District Sec. 10-004 A3, Signage Permitted, is being deleted. Requirements for this section will be regulated under Chapter 12, Signs. Sec. 10-005 D4d, Signage, is being deleted. Monuments are being addressed in Chapter 12, Signs. Chapter 12, Signs Article 12-1 Signs—General - 12-101, Purpose, has been condensed from eleven (11) items to five (5) utilizing the same wording. - 12-102, Affect of Amendment on Pending Suits, did not receive any changes. - 12-103, Requirement for Conformity, has been condensed and simplified to handle illegal signs. - 12-104, Comprehensive Sign Plan, has been changed to Non-Conforming and Discontinued Signs. This section was slightly modified to address a time frame and procedure of removals of non- conforming signs by staff and owners of the sign. - 12-105, Non-Conforming and Discontinued Signs has changed to Liability for Insurance and Damages. The provision for obtaining an insurance policy has been deleted. - 12-106, Liability for Insurance and Damages has changed to Prevailing Code. The wording did not change. - 12-107, Code Limitations has changed to Signs Prohibited by Omission. The wording did not change. Article 12-2 Procedures and Enforcement - 12-201, Sign Permits, Fees and Application Procedures has been reformatted to simplify the submission of a permit and what is required to be submitted upon application. - 12-202, Revocation of Permit has been changed to Comprehensive Sign Program which is an entirely new section. This allows a new development to present a complete sign package to the Town, which is then reviewed by staff and presented to the Development Review Board. - 12-203, Abandoned, Illegal, Prohibited or Inadequately Maintained Signs has changed to Revocation of Permit. The wording did not change. - 12-204, Emergency Removal or Repair has changed to Abandoned, Illegal, Prohibited or Inadequately Maintained Signs. This section was slightly modified to handle enforcement issues. - 12-205, Variances, has changed to Emergency Removal or Repair. The wording did not change. - 12-206, Jurisdiction of Town Magistrate is a newly added section to the code. - 12-207, Severability is a newly added section to the code. - 12-208, PAD Sign Guidelines is a new section to the code reflecting the existence of other sign codes. - 12-209, PAD Exemption was relocated from Section 12-204D. This section was revised to shorten the process to change lands from PAD requirements for signage to the Oro Valley Zoning Code Revised through the Development Review Board process only. - 12-210, Variances was relocated from Section 12-205. The wording did not change. r,, TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 4 Article 12-3 RESERVED changed to Requirements - 12-301 A, B, C, D, Construction, only saw a slight modification to reflect materials. - 12-302, Illumination, was slightly modified to match the recently approved Lighting Code. - 12-303, Colors, was re-worded to accommodate PAD, DRB and apply consistency. - 12-304, Location and Measurement Standards has been completely re-worded to address appropriate requirements on placement and calculations of signage. - 12-305, Inspections and Maintenance addressed the maintenance of a sign to be "maintained in a new or like new condition". - 12-306, Landscaping is a newly added section. Article 12-4 Requirements has changed to Definitions and Sign Types This section is entirely new and contains definitions from Chapter 2, as well as, newly added definitions/sign types which have been added throughout the new draft of Chapter 12. This section should help to ease any concerns or questions regarding interpretations or descriptions of signs. Article 12-5 Permanent Signs - 12-501, Identification Signs did not change. - 12-502, Permitted Signs changed to Permitted Signs in a Commercial/Industrial District. All permitted sign types under the current sign code have been deleted. New sign types have been added and existing sign types have seen a major makeover, such as, window signs. A new format was also applied which should be easy to read and understandable. - 12-503, Prohibited Permanent Signs has changed to Permitted Signs for Residential/Subdivisions. This section only reflects the allowance of two (2) sign types. Article 12-6 Temporary Signs Temporary Signs have become a hot issue and deciding how to regulate them, enforce them and allow them without any legal ramification, has been a challenge. Staff has been working closely with the Town's Legal Department to draft a Temporary Sign Section that can accomplish all the above. On-Site, Temporary Signs are required to follow the code and can be enforceable. Off-Site, Temporary Signs are more difficult to enforce. Planning and Zoning Staff is presenting a Temporary Sign Section that prohibits any sign to be installed or placed within public right-of-way. The Town's Legal Department may present other options. Article 12-7 Political Signs This is a newly added section. The Town recently adopted a new amendment to accommodate political signage. This amendment was inserted into Chapter 12, Signs and has been modified to only allow political signs to be located on private property with the written permission of the owner. Alternate proposals are being presented in communication from the Town's Legal Department. Article 12-8 Public and Quasi-Public Signs This is a new section to Chapter 12, Signs. Section 12-801 reflects on-site, temporary signage si a e for churches, schools, community centers, public and institutional buildings within commercial and residential areas. . , T... = TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of 4 Article 12-9 Prohibited Signs The prohibited sign section was relocated from Article 12-5 and 12-6 of the current code. It has been re- formatted with a list of sign types that the Town of Oro Valley will not allow unless otherwise specified in Chapter 12, Signs. Article 12-10 Exempted Signs was relocated from Section 12-201, Sign Procedures - 12-10-01, Code Limitations was relocated from Section 12-104. The wording did not change. - 12-10-02, addresses signage that shall be exempt from application and permit requirements, although a permit may be required by the Building Safety Division for electrical or structural assembly. Chapter 13, General Provisions - 13-304, Flagpoles and Flags has been modified to reflect, "Flags used as signage shall follow the guidelines set forth in Chapter 12, Signs". - 13-404, Home Occupation Standards. A new insert, "0", has been added to prohibit any signs for home occupation, pursuant to Chapter 12, Prohibited Signs. Chapter 16, Design Guidelines - 16-102 (third paragraph), deleting out guiding principles for signage. - 16-103D, Signage. The intent has been re-worded to match Chapter 12, Section 12-101, Applicability and Objectives. - 16-103, D3, Commercial has been modified to reflect changes in Chapter 12, Signs. - 16-103, D4, D5, have been deleted and re-worded to help integrate an overall sign design for new developments. This section incorporates recommendations that coincide with regulations set forth in Chapter 12, Signs. (illustrations shall be deleted on next page) - 16-103, D10, shall be deleted entirely with no replacement. This area has already been addressed. Staff has developed a code that is flexible, as well as, fair to allow the commercial growth of the Town while continuing to reflect the Town's image. RECOMMENDATION: Recognizing the needs and concerns related to upcoming commercial developments, Staff requests input from the Council and welcomes any questions, comments or suggestio s to the Oro Valley Zoning Code Revised, Chapters 2, 3, 4, 10, 12, 13 and 16. SUGGESTED MOTION: �. i - No formal action will be taken on this item. Pla ? d Zorn n: dministrator ATTACHMENTS: , / ,go a f , New Drafts of Chapter 2,3,4,10,12,13 and 16 C. - - i ity Develo l ent Director ii f4 4. • "•n Manager CHAPTER 2 -DEFINITIONS DRAFT ARTICLE 2-1. DEFINITIONS Sec. 2-101 General For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural shall include the singular; the word "building" shall include the word "structure", the word "lot" shall include the word "plot"; the word "may" is permissive and the word "shall" is mandatory, further, the word "or" shall mean "either" and the word "and" shall mean "in conjunction with". Zone shall mean district. ANTENNA shall mean any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. Any device, including DBS satellite dishes, used to receive signals from direct broadcast satellites (DBS); multi-channel multi-point distribution providers (MNIDS); and television broadcast stations(TUBS). I • I•• I • • • I • -• •• .• ••• ..•• • •• .• • .•• • •• • •• • • • • ..• • •..• . • . • . • • ••- • yl (+ (� • • exists. L . ABUTTING shall mean the condition of two adjoining properties having a common property line or boundary including cases where 2 or more lots adjoining only a corner or corners, but not including cases where adjoining lots are separated by a street or alley. ACCESS OR ACCESS WAY shall mean the place,means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this ordinance. ACCESS DRIVE means the drive on which vehicles are allowed ingress and egress from a site. ACCESS ROAD: a road within one mile of the grading site, designated on the approved grading plan, and used during grading, for the transport of grading equipment, hauling of fill and other equivalent traffic to and from the grading site. ACCESSORY BUILDING shall mean a building, the use of which is customarily incidental to that of a dominant use by the occupants of the main building or by their non-paying guests and employees. ACCESSORY USE shall mean a use customarily subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or building or adversely affect other properties in the district. ACRE shall mean a land area measuring 43,560 square feet. ADJACENT shall mean the condition of being near to or close to, but not necessarily having a common dividing line (e.g. two properties that are separated only by a street or alley shall be considered as adjacent to one another). CHAPTER 2 DEFINITIONS ADJUSTED GROSS ACREAGE: shall mean the total acreage contained within a development, less acreage in required arterial streets,drainageways and existing permanent land uses. ADULT BOOKSTORE shall mean: a. An establishment having as a substantial portion of its stock in trade books,magazines and other periodicals depicting, describing or relating to "specified sexual activities" or which are characterized by their emphasis on matter depicting, describing or relating to specified anatomical areas". b. An establishment having as a substantial portion of its stock in trade books, magazines and other periodicals and which regularly excludes all minors from the premises or a section thereof. ADULT THEATER shall mean: a. An enclosed building or open-air drive-in theater regularly used for presenting any film or plate negative, film or plate positive, film or tape designed to be projected on a screen for exhibition, or films, glass slides or transparencies, either in negative or positive form,designed for exhibition by projection on a screen depicting, describing or relating to "specified sexual activities" or characterized by an emphasis on matter depicting, describing or relating to "specified anatomical areas". b. An enclosed building or open-air drive-in theater regularly used for presenting any film or plate projected on a screen for exhibition, or films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen which regularly excludes all minors. SPECIFIED SEXUAL ACTIVITIES shall mean human genitals in a state of sexual stimulation or arousal: acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals,pubic region,buttock or female breast. SPECIFIED ANATOMICAL AREAS shall mean less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered. AGRICULTURAL BUILDING shall mean a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be aP lace of human habitation or a place of employment where agricultural products are processed, treated oracka ed; nor P g shall it be a place used by the public. AIRCRAFT shall mean any airborne vehicle capable of carrying at least one person and shall include, but not be limited to,airplanes,rotorcrafI,gliders,hang-gliders,motorized or non-motorized balloons,dirigibles and blimps. Take-off and landing of all aircraft is expressly prohibited in all zones unless specifically permitted. Oro Valley Zoning Code Revised (Rev.2/01) 2-2 CHAPTER 2 DEFINITIONS AIRPORTS shall mean any area which is used, or is intended to be used, primarily for the take-off and landing of aircraft and any appurtenant areas which are used, or intended to be used, for airport buildings or facilities, including open spaces, taxiways and tie-down areas,hangars and other accessory buildings. ALLEY shall mean a public way, which affords only a secondary means of vehicular access to abutting property and is not intended for general traffic circulation. An alley line shall mean the centerline of an alley right-of-way as determined by the Town Engineer. ALTERATION shall mean any change,addition or modification in construction,structure or occupancy. AMATEUR RADIO OPERATOR shall mean a Federally Licensed member of the amateur radio service,which is a voluntary, noncommercial communication service, particularly with respect to providing emergency communications. AMENDMENT shall mean a change in the wording, context or substance of this ordinance, an addition or deletion or a change in the district boundaries or classification upon the district map which imposes any regulation not heretofore imposed or removed or modifies any such regulations heretofore imposed. AMUSEMENT PARK shall mean a commercial amusement activity such as a carnival, circus,miniature golf course or similar establishment,which does not require an enclosed building. ANALOGOUS USE shall mean any use which is substantially similar to the permitted uses. Analogous uses shall not be any more deleterious,obnoxious or harmful in terms of traffic generation,use impacts and types of activities involved. Example: Ballet studio analogous to dance studio. ANCILLARY shall mean uses, whether permitted or conditional, subordinate or secondary to primary, permitted land uses. ANIMAL CLINIC OR ANIMAL HOSPITAL shall mean a place where animals or pets are given medical or surgical treatment in emergency cases and are cared for during the time of such treatment. Use as a kennel shall be limited to short-term boarding and shall be only incidental to such hospital use and shall be enclosed in a soundproof structure. ANIMATION the movement or the optical illusion of movement of a : • :: - : •- -. •, design or pictorial segment, including the movement of any illumination or the flashing or varying of light intensityf ANTENNA shall mean any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. Any device, including DBS satellite dishes, used to receive signals from direct broadcast satellites (DBS); multi-channel multi-point distribution providers (MMDS);and television broadcast stations(TUBS). APARTMENT BUILDING shall mean any building or portion thereof which is designed, built,rented, leased, let or hired out to be occupied or which is occupied as the home or residence of 3 or more families living independently of each other and doing their own cooking in the said building and shall include flats and apartments,but shall not include condominiums as defined in this ordinance. Oro Valley Zoning Code Revised (Rev.2/01) 2-3 CHAPTER 2 DEFINITIONS APPROVAL: Written notice by the Town accepting the design,progress or completion of work. APPROVED PLAN: The most current grading plan which bears the authorized signature of review and acceptance by the Town. APPROVED TESTING AGENCY: A testing lab which is equipped to perform and certify the tests required q by this ordinance and whose testing operations are controlled and monitored by a civil engineer. ARCHAEOLOGICAL SITE means a property or location, which has yielded or may yield information on the Town's history or prehistory. Archaeological sites may be found within historic sites, privatero erties P P town properties and other areas of the Town. Archaeological sites are evidenced by the presence of artifacts and features indicating the past use of a location by people. The following Arizona State Museum(ASM)guidelines should be used to define archaeological sites: All sites should contain: 1. Physical remains of past human activity that are at least 50 years old. Additionally,sites should consist of at least one of the following: 1. 30+ artifacts of a single class (i.e., 30 sherds, 30 lithics, 30 tin cans) within an area of 15 meters (50 feet) in diameter, except when all pieces appear to originate from a single source (i.e., one ceramic pot, one core,one glass bottle). 2. 20+ artifacts which include at least 2 classes of artifact types (i.e., sherds, groundstone, nails, glass)within an area 15 meters (50 feet) in diameter. 3. One or more archaeological features in temporal association with any number of artifacts. 4. Two or more temporally associated archaeological features without artifacts. Non-Iinear, isolated features without associated artifacts may be recorded at the discretion of the archaeologist. An "isolated feature" is defined as a feature that does not have any other features within a 100 meters (325 feet) diameter. This might include isolated rock piles, mine shafts, prospecting pits or unidentified man-made depressions without artifact associations. AREA LIGHTING: Lighting which is primarily designed to illuminate an area of a development and may coincidentally illuminate one or more sign faces. a. SINGLE FACED S - Tecnlirear-• •'• • -• • ♦ • . •.• .. •. I• I Oro Valley Zoning Code Revised (Rev.2/01) 2-4 CHAPTER 2 DEFINITIONS b. • : • •• • -..• •• • •.. . •• •• •• / •. • exceed 900 • • „•►► • • •.• • L. = : •• I :• •-••-•: -; • : -:•• I •iA •I I / I - / T ART GALLERY: An establishment for the display and/or sale of fine art, crafts, photography or other art- related work. ARTIFACT means objects, which are a produced of human modification, or objects, which have been transported to a site by people. In this Town,artifacts over fifty(50)years are protected by Article 10-8. ASSURANCES shall mean monies or third party agreement with an agency authorized to do business in the State of Arizona guaranteeing the performance on the installation of all required improvements. AUTOMOBILE DEALER, NEW shall mean a franchised agency selling new motor vehicles and providing services commonly associated with motor vehicle sales. A new automobile dealership may include the sale of used motor vehicles. AUTOMOBILE DEALER, USED shall mean an agency selling used motor vehicles not in conjunction with and on the same site as a new motor vehicle franchise and providing services commonly associated with motor vehicle sales. AUTOMOBILE STORAGE FACILITY shall mean a building or lot or portion thereof designed or used exclusively for housing or storing of 4 or more motor driven vehicles. AUTOMOTIVE REPAIR shall mean all aspects of the repair of motor vehicles including, but not limited to, lubrication,tune-up and preventive maintenance. AVERAGE CROSS SLOPE shall mean and be calculated as follows(for appropriate application, see Sec. 10- 107A, I a): IxLx .0023 A I - Contour interval in feet L - Combined length in feet of all contour lines measured on the parcel excluding all areas of 15% or greater slope .0023 - Conversion factor-square feet into acres x 100 A - Area of parcel in acres,excluding 15%or greater slopes. Oro Valley Zoning Code Revised (Rev.2/01) 2-5 CHAPTER 2 DEFINITIONS BALCONY shall mean that portion of a building which projects into the d re re uiand q yardwhere the floor height of said projection is not less than 4 feet above grade. BANK OR FINANCIAL INSTITUTION shall mean any person or firm engaged in the inter-mediation of funds; this includes,but is not limited to, banks,savings and loans, financial corporations or mortgage gage companies. BAR OR COCKTAIL LOUNGE shall mean an establishment whoserima business ry is the service of alcoholic beverages to the public for consumption on the premises. BARN shall mean a building used for the storage of farm products, for feed and for the housing of farm animals or farm equipment. BASEMENT shall mean that portion of a building underground and havingleast ateast one- half of its height measured from its floor to its ceiling below grade. A basement shall be counted as a story if the vertical distance from grade to its ceiling is more than 2 feet. BICYCLE PARKING FACILITY means a structure that provides temporaryplacement for bicycles. BICYCLE PARKING SPACE is an area designated within a facility for the use of an individual bicycle. BLOCK shall mean a piece or parcel of land or group of lots entirely surrounded by public s streets, streams, railroads or parks or a combination thereof. BOARDINGHOUSE OR LODGINGHOUSE shall mean a structure(s) used for multiple p e human occupancy where individuals do not have common access to all living, eating, kitchen and storage ge areas within said structure(s). BONA-FIDE HOUSEHOLD EMPLOYEE'S QUARTERS shall mean an accessory building ng located on the same premises with the dwelling unit used solely as the dwelling of persons employed on the same premises as the dwelling unit,such quarters having no kitchen facilities. BORROW: Earth material acquired from an off-site location for use ingrag din a site. BRUSHING: The selective removal of vegetation. BUFFER YARD: a unit of yard containing only native desert or constructed landscaping,aping, including organic and inorganic materials, for the purpose of providing separation between adjacent land. BUILDABLE AREA is the area where a building can be placed after the designation gn of natural open space. Oro Valley Zoning Code Revised (Rev.2/01) 2-6 CHAPTER 2 DEFINITIONS BUILDING shall mean any structure for the shelter, housing or enclosure of persons, animals, chattels or property of any kind with the exception of doghouses,play houses and similar structures. Each portion of a building separated by dividing wall or walls without openings may be deemed as a separate building for the purpose of issuing building permits. BUILDING FRONT FOOT: the maximum dimension of the building front project to a straight line parallel to the street. In the event that a building fronts on two or more streets, the property owner shall have the option of selecting one street frontage for the purpose of computing allowable sign area. BUILDING, HEIGHT OF shall mean the vertical distance measured from the grade found along the outside walls of a building to the highest point of the building,excluding any chimney. This definition applies only to a building footprint where the natural cross-slope is less than 6%. BUILDING HEIGHT (SLOPED AREA) shall mean the maximum vertical distance measured from natural grade to the highest point of the building directly above, excluding any chimney. This definition applies only to a building footprint where the natural cross-slope is 6%or more. BUILDING HEIGHT CONTOUR LINE is located at the building height permitted by Oro Valley zoning above the existing pre-development grade and parallel to the contour of the existing pre-development grade (see Illustration 59c). BUILDING LINE shall mean a line between which and the street right-of-way line no building or structure, or portion thereof,shall be erected, constructed or otherwise established. BUILDING MOUNTED ANTENNA shall include any antenna that is attached to the walls of, or integrated into buildings, church steeples, cooling towers, elevator bulkheads, parapets, penthouses, fire towers, tanks, and water towers, or other structures. BUILDING SEGMENT shall mean, for the purposes of the Hillside District, that portion of a building which has a single finish floor elevation. BUILDING SITE shall mean the area of a building together with associated parking areas and open space required by this code. A building site may encompass more than one lot. BUSINESS FRONT FOOT: the lineal distance of the building space occupied by the particular business projected to a straight line parallel to the face of the building in which the main entrance into that particular business is located. In the event that the business fronts on two or more streets, the business owner shall have the option of selecting one of such streets for the purpose of computing allowable sign area. � • f CAR WASH, AUTOMATIC shall mean a building or structure or portion thereof where chain conveyors, blowers, steam cleaners and other mechanical devices are employed for the purpose of washing motor vehicles. Oro Valley Zoning Code Revised (Rev.2/01) 2-7 1 , CHAPTER 2 DEFINITIONS CAR WASH, SELF-SERVE shall mean a facility for the cleaning and washing of motor vehicles including interior cleaning and vacuuming and waxing by means of self-service mechanical apparatuses, manual labor by the driver or a combination thereof. CARPORT shall mean an accessory building or portion of a main building with one side totally open o and one or more partially open sides designated or used for the parking of motor vehicles. Enclosed storage facilities may be provided as part of a carport. CELLAR shall mean that portion of a building between floor and ceiling which is 75%or more below$r ade and is not habitable space. CEMETERY: A parcel of land or structure dedicated to, and at least a portion of which is being used,for the interment of human or animal remains. A cemetery may include crematories, mausoleums,and columbaria. CHARACTER: any letter,number,logo(as defined in this Section)or symbol. CHURCH, SYNAGOGUE OR TEMPLE shall mean a permanently located building commonly used for religious worship. Churches, synagogues or temples shall conform to the Uniform Building Code and are subject to Development Review Board approval. CLASS 1 BICYCLE PARKING FACILITY means a facility designed for temporary storage of an entire bicycle and its components and accessories and to provide protection against inclement weather,the extreme heat of the desert climate, and theft. The facility may include bicycle lockers, check-in facilities, monitored parking, restricted access parking, or other means which provide the above level of security as approved PP by the Planning and Zoning Director. CLASS 2 BICYCLE PARKING FACILITY means the facility provides a stationary object to which the operator can lock the bicycle frame and both wheels with a user provided u-shaped lock or a cable and lock. CLEARING: The substantial removal of vegetation by manual or mechanical means. CLUSTER HOUSING shall mean housing which qualifies for Section 10-107B "cluster housing incentive"or is perceived as a complex of closely related structures. COIN OPERATED LAUNDRY AND CLEANING SERVICE shall mean establishmentsP rimaril engaged in the Y en gg operation of coin operated or similar self-service laundry and dry cleaning equipment for use on the premises. COLLOCATION means the use of a single mount and/or site by more than one Wireless Communications Service Provider. COMMISSION shall mean the Planning Commission of the Town of Oro Valley unless the context indicates otherwise. Oro Valley Zoning Code Revised (Rev.2/01) 2-8 CHAPTER 2 DEFINITIONS COMMUNITY RESIDENCE: A dwelling unit shared as a primary residence by the disabled, or disabled elderly persons, living together as a single housekeeping unit in which staff provides on-site care,training or support for the residents. Such residence or services provided therein shall be licensed by, certified by, approved by, registered with, funded by or through, or under contract with the State of Arizona. Community residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or a residence for a criminal offense, or a residence which provides drug and/or alcohol rehabilitation. CONDITIONAL APPROVAL shall mean an affirmative action by the Development Review Board or Town Council indicating that approval will be forthcoming upon satisfaction of certain specified stipulations. CONDOMINIUM shall mean an estate in real property consisting of an undivided interest in common in a portion of said real property together with the right of exclusive occupancy of a unit located thereon. CONSERVATION EASEMENT is an easement delineating an area that will be kept in its natural state. •. 1 • . • • ••I I • "• • •• "•- • • •• , •4. , I• I • I - • .•. I I • "I • I CONVALESCENT HOME OR NURSING HOME shall mean any place or institution which makes provisions for bed care or for chronic or convalescent care for one or more persons exclusive of relatives who, by reason of illness or physical infirmity, are unable to properly care for themselves. Alcoholics,drug addicts, persons with mental diseases and persons with communicable diseases including contagious tuberculosis, shall not be admitted or cared for in these homes licensed under the State of Arizona as a convalescent and nursing home. CONVENIENCE USE: A use is designated as a "convenience use" if the method of operation includes one or more of the following characteristics: a. Retail motor fuel is sold b. The primary business is the sale of food or drink for consumption, either on or off premises, over a counter, or from an outdoor service window or automobile service window. Of the food and drink sold,at least 20%is in disposable or carry out containers. c. Drive-in and drive-through restaurants. d_ Stores less than 7,500 square feet where food and drink, which may include packaged alcoholic beverages, are sold. Such items are sold primarily for consumption off premises. e. Drive-through liquor store, drive-through laundry/dry cleaners and drive-through video stores and all other drive-through uses. f. Banks and other financial institutions are exempt from this definition, but must comply with the conditional use regulations of Sec. 9-102. g. Delicatessens. Oro Valley Zoning Code Revised (Rev.2/01) 2-9 CHAPTER 2 DEFINITIONS CORRAL FENCE shall mean a fence-type structure consisting of vertical posts and horizontal members and so constructed that 75% or more of the vertical surface is open. Chain link or other similar types of wire fences are not intended to be included in this definition and shall be classified as a fence or wall. COUNCIL shall mean the common Council of the Town of Oro Valley. CUL-DE-SAC shall mean a street with no outlet which terminates in a circular right-of-way. Cul-de-sacs shall be developed in accordance with Sec.4-607A. CULTURAL OR HISTORIC RESOURCE means any prehistoric or historic (1690 AD, the beginning of � g Spanish exploration, to fifty years ago) site, building, object or real or personal property of historical, architectural or archaeological value. The properties may include, but are not limited to, monuments, memorials,Indian habitations,ceremonial sites,abandoned settlements,engineering works,artifacts or other objects with intrinsic historical or archaeological value, or any part thereof relating to the history, government and culture of the Town,the state,or the United States of America. CUSTOM HOME SUBDIVISION shall mean a subdivision in which all homes are designed individually and in which no model homes are constructed. CUT: Vertical removal of earthen material. DAY NURSERY shall mean a public or private establishment providing care and supervision for 5 or more children not related to the proprietor. DEDICATION: is a conveyance of fee simple or property rights to Oro Valley or another public agency. y DENSITY shall mean a ratio of the number of dwelling units to the gross land area unless otherwise stated. DENSITY BASED LAND USES shall mean those of a residential nature. DESERT VARNISH is a black or brown shiny crust on rocks, which consists mainly of iron and manganese oxides. DEVELOPER shall mean an individual, firm, corporation, partnership, association, syndication, trust or other legal entity, or representative thereof, that files the application and initiates proceedings for the development of land in accordance with the provisions of Article 3-3 and Article 4-5 of this code and the developer need not be the owner of the property. DEVELOPMENT COMMITTEE shall mean the personnel designated to meet with a developer during the development plan, subdivision and platting process. DEVELOPMENT MASTER PLAN(DMP) shall mean a preliminary master plan for the e development of a large g or complicated land area the platting of which is expected in progressive stages. A development master plan may be designated by the sub-divider and shall be subject to Development Review Board approval. DEVELOPMENT PLAN shall mean a plan of a development other than single-family detached non-cluster homes including, but not limited to,the general layout of all buildings, drives, carports, recreation facilities, , Oro Valley Zoning Code Revised (Rev.2/01) 2-10 CHAPTER 2 DEFINITIONS patios,walls, finish floor elevations and exterior elevations prepared in accordance with Sec. 4-504 through 4-508 of this code. 1 I• •Y • : ••• .. . - •'••. ." • •-• - • ••• . •. ••- • • • • • . •• DIRECT LIGHTING: A source of external illumination located a distance : : • •- • •" • - which is,itself,not visible from any normal position of view. • / /• . •,•. .. - . _-..• _ • _.. • . -.• • - •• . • . .. . : •.- . . • • - • . DISABILITY a physical or mental impairment which substantially limits one or more of a person's major life activities, impairs their ability to live independently or a record of having such an impairment, or being regarded as having such an impairment, but such term does not include current use of, nor addiction to, a controlled substance. DISTRICT shall mean any zone as shown on the Zoning Map of the Town of Oro Valley for which there are uniform regulations governing the use of buildings and premises or the height and area of buildings. DISTRICT MAP shall mean the official zoning map of the Town of Oro Valley,which is a part of the zoning ordinance of the Town of Oro Valley. DRAINAGE SWALE: A designed invert that collects site drainage and directs it to a point of discharge. DRIVEWAY: The principal access route from the roadway adjacent to a lot, to the lot's primary off-street parking area. DWELLING shall mean any building, or portion thereof, which is designed exclusively for residential purposes. DWELLING, MULTIPLE shall mean a building, or portion thereof, designed for occupancy by 3 or more families. DWELLING,SINGLE-FAMILY shall mean a building designed for occupancy by 1 family. DWELLING,TWO-FAMILY (duplex)shall mean a building designed for occupancy by 2 families. DWELLING UNIT a building, or portion of a building, arranged, designed or used as living quarters, including bathroom and kitchen facilities,sleeping and living areas, for a family. EASEMENT shall mean a grant by the owner of the use of a strip of land by the public, a corporation or persons for specific uses and purposes and is so designated. Oro Valley Zoning Code Revised (Rev.2/01) 2-11 CHAPTER 2 DEFINITIONS EFFICIENCY APARTMENT shall mean a dwelling unit which has only I combined living and sleeping room; said dwelling unit, however, may also have a separate room containing only kitchen facilities and also a separate room containing only sanitary facilities. EMERGENCY: An unforeseen event requiring prompt action. Should action required to q alleviate said unforeseen event,require a grading permit,the Town will be notified of the action within 72 hours. ENGINEERING PLAN shall mean plans, profiles, cross sections and other required q details for the construction of public improvements prepared by a registered engineer in accordance with the approved preliminary plat and in compliance with standards of design and construction approved pp by the Council. ENVELOPE,BUILDING: a. A dwelling unit and all attached roofed structures, including carports oras- atio ramadas; , b. For non-residential development, the building envelope shall be the main building and all attached roofed structures. ENVELOPE,DEVELOPMENT: The sum of the areas of the permit holder's land to beade gr d, including the building envelope, accessory buildings, and areas of related parking,driveways, swimming y � pools, walls and other accessory structures,but excluding individual sewage disposal systems. ENVIRONMENTALLY SENSITIVE LANDS: shall mean lands which have been found to contribute to the aesthetic character of the immediate area, such as unique or heavy plant, tree or cacti growth or species, including,but not limited to those lands restricted by additional overlay districts. EQUIPMENT BUILDING OR STRUCTURE is an accessory buildingor structure used to house necessary equipment used by communication providers at a facility. EROSION: The wearing away of the ground surface as a result of the movement of wind,water or ice. EXACTION is to construct a public improvement or facility or pay cash in lieu of construction of the public improvement or facility. EXCAVATION: The mechanical,manual,blasting or other such means for removal of earth h material. EXCEPTION shall mean any parcel of land that is within the boundaries of the subdivision but is not owned by the subdivider. EXPOSED: To cause to be open to view. FAIR MARKET VALUE: The fair market value shall be determined bytheTown, with a written appraisal report prepared by an appraiser acceptable to the Town. The appraisal shall be made immediatelyprior to the filing of the Final Map. The subdivider shall notifythe . Town of the expected filing date at least six (6) weeks prior to filing the final map. If more than one (1)year elapsesprior to the filing of the final map, the Town will require a new appraisal and will bill the subdivider for the cost of the reappraisal. For the Oro Valley Zoning Code Revised 2-12 (Rev.2/01) a 1 CHAPTER 2 DEFINITIONS purposes of the Chapter, the determination of the fair market value, shall consider, but not necessarily be limited to,the following: 1. approval of and conditions of the preliminary plat 2. the gen era l plan 3. conditional zoning 4. property location 5. off-site improvements facilitating use of the property 6. site characteristics of the property 7. the fair market value shall be based on the improved value of the land, without structures, but having the applicable infrastructure (roadways, drainage, water, electric, telephone and sewer) installed to the property. If the subdivider objects to the determined fair market value, he/she may appeal to the Town Council who shall hear the appeal,with the burden of proof lying with the subdivider. FAMILY a person living alone, up to but no more than ten persons unrelated to each other by blood, marriage or legal adoption, living together in a dwelling unit existing solely as a single housekeeping unit, with common access to all living,eating,kitchen and storage areas within the dwelling unit. FARM shall mean a contiguous area of 144,000 square feet or more which is used for the production of farm products such as: a_ Field crops, truck gardening, berry or bush crops, tree crops, flower gardening, nurseries, orchards. b. Grazing and raising of horses and livestock other than swine with no more than I head of livestock more than 6 months of age per 30,000 square feet of lot area. c. Raising of poultry,rabbits and similar small animals. FASCIA: A parapet-type wall used as part of the facade of a flat-roofed building and projecting from the building face immediately adjacent thereto. Such a wall shall enclose at least 3 sides of the projecting flat roof. FILL: Vertical addition of earthen'material. FILTER FABRIC: A woven or non-woven,water-permeable material generally made of synthetic products, such as polypropylene, used in storm water management and erosion and sediment control applications to trap sediment or prevent the clogging of aggregates by fine soil particles. FINAL INSPECTION: Field inspection conducted by the Town prior to project acceptance of release of assurances. FINAL PLAT APPROVAL shall mean an unconditional approval of the final plat by the Town Council, as evidenced by certification on the plat by the Mayor and constitutes authorization to record a plat. Oro Valley Zoning Code Revised (Rev.2/01) 2-13 CHAPTER 2 DEFINITIONS FITNESS CENTER shall mean a place or building where exercises and related activities areerformed for or the purpose of weight control and/or physical fitness. Fitness center shall exclude alles of equipment tYP or apparatus used for weight control or muscle building and shall exclude massage in any form. FLAG any fabric,banner, or bunting containing distinctive colors,patterns, or symbols,used as abo sym l of a government,political subdivision,or other entity. FLOODPLAIN: The relatively flat areas or low lands adjoining the channel of a watercourse, or areas where drainage is or may be restricted by man-made structures which have been or may be coveredartially or wholly by floodwater. p FLOOR AREA RATIO shall mean the ratio of gross building floor area to the net lot area of the building site. FREESTANDING shall mean any structure, which is not attached to any other structure orP ortion of a structure. Structures, which are linked by pedestrian walkways, are deemed to be freestanding. g Freestanding shall also apply to sole uses on an individual parcel. • • : • • • • • - ... :• . .•. . .• . . - FRONTAGE shall mean all property on I side of a street between 2 intersecting streets (crossingor terminating) measured along the line of the street, or, if the street is dead end, then all of thero P PAY abutting on 1 side between an intersecting street and the dead end of the street, including proPertY fronting on a cul-de-sac. - • • . .. .. .. s FUNERAL CHAPEL: An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funerals. GARAGE, PRIVATE shall mean any accessory building or portion of a main building designed ed or used for the storage of not more than 3 motor driven vehicles provided that no privatearage may be used or rented g for the storage of commercial trucks having a capacity in excess of 1 ton. GENERAL PLAN shall mean the General Plan of the Town of Oro Valley, or anyart thereof,as adopted P P by the Town Council and as hereinafter amended. GOLF COURSE,REGULATION OR PAR-THREE shall mean a facility other than a miniatureg olf course for the playing of golf at which there may be a clubhouse including restrooms and locker rooms. Ag olf course may provide additional services customarily furnished such as swimming, outdoor recreation and related retail sales that may include a restaurant and cocktail lounge if approved as a part of the permit. required use GOLF SAFETY NET shall mean a structure made of netting material supported by vertical poles, which is erected for the purposes of protecting life and property from errant golf balls. GRADE shall mean the elevation of the ground surface,paving or sidewalk. GRADE,EXISTING: The actual, current ground surface before the issuance of aadin permit. � g Oro Valley Zoning Code Revised (Rev.2101) 2-14 CHAPTER 2 DEFINITIONS GRADE,FINISHED: The final grade conforming to the approved plan. GRADE,NATURAL: The topographic configuration of land,prior to any grading or disturbance of the site. GRADE,ROUGH: The stage at which grading substantially conforms to the approved grading plan. GRADING: The initial clearing,brushing or grubbing,and subsequent excavating or filling of a site. GRADING PERMIT: An official document issued by the Town authorizing the grading activity specified by the grading permit conditions. GRADING PERMIT CONDITIONS: The specifications and requirements of the approved grading plan, soils report or other documents necessary for grading permit approval. GRAND OPENING the introduction,promotion or announcement of a new business, store, shopping center or office, or the announcement, introduction or promotion of an established business changing ownership. A GROSS FLOOR AREA is the sum of the gross areas of the several floors of a building or buildings,measured from the exterior faces of exterior walls or from the centerlines of walls separating 2 buildings. Gross floor area shall not include: a. Underground parking space b. Uncovered steps c. Exterior balconies GROSS LAND AREA shall mean the area of a parcel of land excluding all streets and alleyways in existence at the time the development plan is submitted. Those portions of such parcels which subsequently may be designated as streets or alleyways,whether dedicated or not, shall be included in the determination of gross land area. GRUBBING: The removal of trees and other large plants including their roots. GUEST HOUSE shall mean an attached or detached accessory building used to house guests of the occupants of the principal building and which is never rented or offered for rent. Any guest house providing kitchen facilities shall be considered a dwelling unit. HABITAT shall mean the place or type of site where a plant or animal naturally or normally grows and lives. HALO ILLUMINATION: illumination produced by recessing a light source inside a hollow character with an open back or within the surface to which they are mounted. An outline glow around the characters is created by this light reflecting off the background to which the characters are attached. HEALTH STUDIO OR HEALTH SPA shall mean a place or building where exercises and related activities are performed utilizing weight control or muscle building equipment or apparatus. Health studio shall also Oro Valley Zoning Code Revised (Rev.2/01) 2-15 . CHAPTER 2 DEFINITIONS mean a place or building which provides massage, exercise and related activities with or without such equipment or apparatus. Health studio or health spa shall not include massage by one person to another of the opposite gender. HELIPORT shall mean an area that is used or intended to be used for the landing and takeoff of helicopters and may include any or all of the areas of buildings which are appropriate to accomplish these functions. HIGH RISE BUILDING shall mean a building that exceeds 30 feet in height as defined herein. HILLSIDE CONSERVATION AREA shall mean the area within the Hillside District that is set aside for conservation of permanent natural open space, the conditions of which are identified in Sec. 10-102. Hillside Conservation Area designations may apply toward the natural area requirement of Sec. 10-107A• HILLSIDE DISTRICT shall mean an overlay district providing additional regulations for hillside development, the area of which is identified by the Hillside District Map adopted in Sec. 10-102 of this code. Additionally, any development outside the area so defined which requires excavation and fill in excess of 3 feet to establish grade is subject to the requirements of Sec. 10-103. HILLSIDE DISTRICT SUBDIVISION shall mean any subdivision or that portion of a subdivision located within the Town's Hillside Zoning District. HOME OCCUPATION shall mean business or commercial activity that is conducted from property zoned for residential use and which meets the standards of Article 13-4. HOSPITAL shall mean a facility for the general and emergency treatment of human ailments with bed care and shall include sanitarium and clinic but shall not include convalescent or nursing home. HOTEL shall mean an establishment that offers temporary lodging in rooms, for less than one month (30 days), that has interior common corridor access to rooms, may include a restaurant and may contain accessory uses and services, including, without limitation, newsstands, gift shops, and similar incidental uses conducted entirely within the principal building but excludes a "short-term rental property" as defined in this section. HUMAN BURIALS shall mean human remains, including human skeletal remains, cremations, and/or ceremonial objects and funerary objects. HYDROLOGICAL STUDY: A report designed to show the effects of surface water on a specific area ILLEGAL SIGN: a. Any sign except the fo1-Jowingf frrc Oro Valley Zoning Code Revised (Rev.2/01) 2-16 CHAPTER 2 DEFINITIONS 3-) :-": : : • -: :• • • • • • • " " • • • •: : • - : •: • 5) A non conforming sign. V. • • •..• •: • .•••.• • •• • - i• •i• •• : :: • : ••1 J. IMPROVEMENTS shall mean any street, sewer, electric, gas and water utilities, drainage and flood control facilities or any other improvement or structure including all necessary engineering, construction and inspection costs for the same for which the Town of Oro Valley may ultimately assume responsibility for maintenance and operation. All required improvements shall conform to current requirements and standards as established and approved by the Town Council and/or the utility. INSPECTOR: A person authorized by the Town to perform inspection on grading work. INSTITUTION shall mean a building or buildings occupied by a non-profit corporation or a non-profit establishment for public use. .Y I. . I. • =• i . • i • .. •; -. • • . • • • .• • . • . • ••; • .• ; • • • : •• • IRRIGATION FACILITY shall mean canals, laterals, ditches, conduits, gates, pumps and allied equipment necessary for the supply, delivery and drainage of irrigation water and the construction, operation and maintenance thereof. IRRIGATION SYSTEM shall mean an underground watering system,which consists of heads,valves,pipes, etc.,used for the sole purpose of sustaining and promoting plant life. KENNEL shall mean any premises where 6 or more dogs or cats are bred,boarded and/or trained. •• •••. • . - . . . . ••• . • . - •• . . '. • • '. • .. • • •' • "•-::- 11 • • • •• •• •• •• . . • . . -• • • • . • -'•: • . .• • ...• • •• . . •• • • •' • • • .• • • I • •• 1 I ; Oro Valley Zoning Code Revised (Rev.2/01) 2-17 CHAPTER 2 DEFINITIONS LANDSCAPE SCREEN shall mean an area of landscaping a minimum of 3 feet in height.g It shall consist of trees, shrubs and groundcover and may contain natural topping material such as boulders, rock, stone, granite or other approved material. The purpose of the landscape screen is to screen adjacent� nt areas. •. ; • . . . . • ma . ma. . .. . LOADING SPACE shall mean a permanently maintained space on the same lot as the main building accessible to a street or alley. L_: a graphic symbol representing an activity, use or business. Permitted logos shall be registered trademarks, or symbols commonly used by the applicant, and may include graphic designs in addition to lettering. N•• • . . - • • •; ; ••• • ;..• • ; .. • LOT is a parcel of land created by a legal subdivision bounded on all sides byproperty p p rtY lines of sufficient size to meet minimum zoning requirements for use, coverage, area, setbacks and other areas as required by this code,with legal access to a public street. LOT AREA shall mean the same as "net lot area". LOT,CORNER shall mean a lot adjoining 2 or more streets at their intersection. LOT COVERAGE shall mean the area of land that is covered by a buildingon a particular shall be the percentage of net lot area,whichis P ar site. Lot coverage P g covered by the gross floor area of the first floor. LOT,DEPTH OF shall mean the horizontal distance between the front and rear lot lines. LOT,INTERIOR shall mean a lot other than a corner lot or key lot. LOT,KEY shall mean a lot adjacent to a corner lot having its side lot line in common with the rear lot line of the corner lot and facing on the street which forms the side boundaryof the corner lot. LOT LINES shall mean the lines bounding a lot except foroses of the rear PSP yard (see definition in this Section). LOT OF RECORD shall mean a lot which is a part of a subdivision, thelat of which h has been recorded in the office of the Pima County Recorder or parcel of land, the deed of which is recorded in the office of the County Recorder. LOT,REVERSE FRONTAGE shall mean a lot having frontage on two non-intersecting ting streets. The front of the lot shall be considered facing the interior street. LOT WIDTH shall mean the width of the lot determined as follows: a. If the side property lines are parallel,the shortest distance between these side Iines b. If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the required front or rear r building Oro Valley Zoning Code Revised 2- 1 8 (Rev.2/01) CHAPTER 2 DEFINITIONS setback line whichever is the lesser. The axis of a lot shall be a line generally perpendicular to the fronting street,which divides the lot into 2 equal parts. MAINTENANCE: the replacing or repairing of a part of a sign made unusable, unsafe or unattractive by ordinary wear, tear or damage beyond the control of the owner or the repainting of an existing sign without changing the wording, location,composition or color of said sign. MANUFACTURED HOME shall mean a structure, transportable in one or more sections, which, in the traveling mode, is 8' or more wide or 40' or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent foundation and contains plumbing, heating, air cooling, and electrical systems. MANUFACTURING shall mean the fabricating or assembling of materials into finished or partially finished products by hand or by the use of machinery. MASS GRADING: Grading of the subdivision building site, in its entirety, during the initial development process,as authorized by the approved plans. MATURE ADULT RETIREMENT QUARTERS shall mean one or more residential buildings containing multiple dwelling units, each of which has sleeping quarters, a full kitchen and bath. Mature adult retirement quarters are intended for, and shall be limited to, occupancy by adults who are able to live independently and do not require skilled medical care, nor routine/ongoing assistance with the activities of daily living. A mature adult retirement facility must include areas for communal dining and group activities (see criteria/specific development standards in Sec. 9-105A and D). MATURE TREES shall mean healthy, full-bodied trees with a shape characteristic of the species and of the following minimum sizes: 10 to 12 foot height by 6 to 8 inch wide; or 2 inch single trunk caliper; or 1 inch average trunk caliper for multiple trunk trees; or 8 foot trunk height for palms. MECHANICAL EQUIPMENT: shall mean all devices,appliances, and apparatus involved in the maintenance of environmental conditions within a building or recreational structure, such as a swimming pool or spa. Mechanical equipment shall include HVAC units, air conditioners, pool heaters, pool filters, and pool circulation pumps,amongst others. MEZZANINE OR MEZZANINE FLOOR shall mean an intermediate floor placed in any room. The clear height above or below any mezzanine floor construction shall not be less than 7 feet both above and below shall be considered a story. MOBILE HOME: a structure, transportable in one or more sections, which, in the traveling mode, is 8' or more in width or 40'or more in length, or when erected on site is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling. MOBILE HOME PARK shall mean any lot, tract or parcel of land used or offered for use, in whole or in part, with or without charge, for parking of mobile homes or trailer coaches used for sleeping or household purposes. Oro Valley Zoning Code Revised (Rev.2/01) 2-19 CHAPTER 2 DEFINITIONS MOBILE HOME SPACE shall mean a plot of ground within a mobile home park designed for the e accommodation of 1 mobile home or trailer coach. MODIFIER a word describing uses and activities other than the business name. MONITORING, ARCHAEOLOGICAL means the observation after commencement of a disturbance to determine if archaeological resources exist in an area or, when such resources are known to exist, the observation, recording and incidental recovery of site features and materials to preserve a record of the affected portion of the site. Monitoring is applicable in locations where sites or features maybut occur are generally not expected to be or such importance, size or complexity as to require lengthy work project � Y or delays for archaeological investigations. MONOPOLE means a facility used exclusively for Wireless Communication Facility mounts and is self- supporting with a single shaft of steel, concrete or wood. This does not include flagpoles. MOTEL shall mean any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the garagbuilding, e g with the e or parking space located on the lot and designed,used or intended wholly, or in part,for the accommodation of automobile transients. Motel includes motor court, motor lodge and tourist court, but not a mobile home park. • • • ••; . s-urfac-es, MULTIPLE-TENANT COMMERCIAL BUILDING : a structure that houses or is intended to house a variety of separate commercial activities. NATIVE VEGETATION shall mean vegetation which is indigenous to the specific site or to areas contiguous to a parcel being developed. NATURAL CROSS SLOPE means the slope of the topographic configuration of land, grpY a hicall represented by contour lines,prior to any grading or other disturbance of the site. NATURAL GRADE means the topographic configuration of land prior to any grg adin or other human disturbance of the site. NET FLOOR AREA shall mean, for the purpose of determining parking requirements,the total floor area of a building measured from the interior faces of load bearing walls excluding air shafts, stairwells, elevator shafts,restrooms and mechanical equipment rooms. NET LOT AREA shall mean the area included within lot lines after all right-of-way dedications have been made as required by the Town of Oro Valley. NONCONFORMING BUILDING shall mean a building or portion thereof which was lawful when established but which does not conform to a subsequently established district or district regulations. NONCONFORMING LOT shall mean a parcel of land having less area, frontage or dimensions than required g q in the district in which it is located. Oro Valley Zoning Code Revised (Rev.2/01) 2-20 CHAPTER 2 DEFINITIONS • e• I. . • • • : • . 1 . • • ::• •: : • : -•• r•• •- ; • • : • 1 • 1 1• . .• 1 • 1 1 / 1 NONCONFORMING USE shall mean any building or land lawfully occupied by a use at the time of passage of this code, or amendment thereto, which does not conform after passage of this code, or amendment thereto,with the use regulations of the district in which it is located. NON-DENSITY BASED LAND USES shall mean those of a non-residential nature. NON-IONIZING ELECTROMAGNETIC RADIATION (NEER) is electromagnetic radiation primarily in the visible,infrared,and radio frequency portions of the electromagnetic spectrum. NURSERY shall mean a place where young trees or other plants are raised for transplanting or for sale and does not include commercial fertilizer yard or processing plant. OCCUPANCY shall mean the purpose for which a building, or part thereof, is used or intended to be used. OFFICE: shall mean a building or part thereof, designed, intended or used for the practice of a profession, the carrying on of a business, the conduct of public administration, or, where not conducted on the site thereof, the administration of an industry, but shall not include a retail commercial use, any industrial use, financial institution,place of amusement,or place of assembly. OFFICE PARK shall mean a group of offices planned and designed for the site on which it is built, functioning as a unit, with off-street parking and landscaping provided on the property as an integral part of the unit. The unit shall have common points of ingress and egress and occupy a land area no less than 9 acres, whether on single or multiple lots or under single or multiple ownership. All structures within the office park shall be architecturally integrated with regard to construction materials, colors, and architectural style. • • • • • • ••: i 1 1. •: *1• • • i • • 1 -• • • • . .• 1 ..• I I% -• j •: 1 . . • •• • . • OPEN HOUSE: a dwelling or office space which is for sale or for lease to which the public is invited for walk-in inspection. OPEN SPACE shall be defined as either natural open space (as defined in this Section) or landscaped open space (as defined in this Section) or the total thereof. Open space is meant to provide a natural or garden environment. a. COMMON OPEN SPACE shall mean any landscape or natural open space, other than frontage open space, intended for use by all occupants of a development. b. FRONTAGE OPEN SPACE shall mean all the landscaped or natural open space between the right-of-way line of a dedicated public street and any perimeter structure(s) within the Oro Valley Zoning Code Revised (Rev.2/01) 2-21 • CHAPTER 2 DEFINITIONS development except that this space may extend between structures or between a structure and a side property line to a depth of not more than 1/2 the width of the opening. c. LANDSCAPED OPEN SPACE shall mean an area improved through the harmonious combination of natural desert growth with the introduction of trees, shrubs andoundcov �" er which may contain natural topping material such as boulders, rock, stone oranite or other her approved material. Landscaped open space shall provide a garden atmosphere, which shall include native and/or other approved plantings. Landscaped open space shall be free of any asphalt or concrete pavement not serving as an integral and functional part of the landscape theme. Landscaped open space does not include walkways p _ P y outside of a landscaped area or parking areas. Landscaped islands within parking areas may be considered p landscaped open P space. The purpose of the landscaped open space is to enhance the visual and aesthetic quality of any structure or development. d. NATURAL OPEN SPACE shall mean any natural,completely undisturbed, desert area. OUTDOOR TYPE BUSINESS: a business, all or most of whose activities are conducted, or items displayed, in an open area. OVERLAY DISTRICT shall mean any zoning district which provides supplemental regulations to be applied pp1 ied in addition to those of the original zone or provides for density transfers or for coordinated development p of several uses and shall include the Hillside District, Planned Residential Development District and Planned Area Development District. Any applicable regulations superimposed by the Floodplain Management Code g (Ordinance No.44)shall be in addition to the requirements of this zoning code. OWNER shall mean the person or persons holding title by deed to land or holding title as vendees under land contract or holding any other title of record. • A : •: .. . . . . _. . .. . . I.. . . ... PARAPET WALL: a wall extending above the .late line of a building. g PARCEL shall mean an area within legally described boundaries under common ownershipand capable p e of being separately conveyed. A lot within a subdivision is a parcel. PARK: An area of land, designated and used by the public for active and/orassive recreation. Parks are e further defined by the size and where the user is located,as follows: PARK, COMMUNITY: Designed to provide centralized recreation facilities for a portion ortion of the Town with amenities capable of accommodating large groups,and including facilities such as tennis courts,multi- use courts,playing fields,picnic areas. May also include a community center building. Park size is from 15 to 200 acres and is intended to service a population within a three mile radius of thep ark. Oro Valley Zoning Code Revised (Rev.2/01) 2-22 CHAPTER 2 DEFINITIONS PARK, NEIGHBORHOOD: Designed to provide recreational opportunities for a neighborhood and may include such facilities as play apparatus, multi-use courts, family picnic areas, and open space areas. Park size is from 2 acres to 15 acres servicing a population within a half mile radius of the park. PARK,REGIONAL: Natural or multi-use area designed to provide recreational opportunities for the entire community. May include such amenities as picnicking, fishing, swimming, camping, trail uses and play areas. Size+200 acres. The service area is within one hour driving time. PARKING AISLE means the aisle on which vehicles are allowed access to the individual parking stalls and are characterized by slow speeds and high turning movements. PARKING AREA means any public or private land area designed and used for off-street parking. PARKING AREA,PRIVATE a. A parking area for the private use of the owners or occupants of the lot on which the parking area is located;this does not include parking on sidewalks or streets; b. This includes"reserved" designations. PARKING AREA, PUBLIC means a parking area available to the public, with or without compensation, or used to accommodate clients,customers,employees,guests or visitors. PARKING BAY means the parking module consisting of one or two rows of parking spaces and the aisle from which vehicles enter and leave the spaces. PARKING LOT shall mean a parcel of land devoted to parking spaces as set forth by the parking standards of the Town of Oro Valley. PARKING LOT,COMMERCIAL shall mean any lot upon which members of the general public operating a motor vehicle upon said lot and parking thereon may be required to pay a charge or fee for said usage to the owner of the lot or his agent. PARKING SPACE means the space for the parking of a vehicle within a public or private parking area. PARKING STRUCTURE means a building designed for temporary storage of motor vehicles. PARTY WALL shall mean a single common wall between 2 adjacent units. PATIO HOME shall mean an attached or detached single-family dwelling constructed with no side yard on I side of the lot. PEDESTRIAN WAY shall mean a public walk dedicated entirely through a block, from street to street, or providing access to a school,park,recreation area or shopping center. PENNANT any lightweight fabric or other material, whether or not containing a message of any kind, suspended from a rope,wire,or string, designed to attract attention. Oro Valley Zoning Code Revised (Rev.2/01) 2-23 CHAPTER 2 DEFINITIONS PERIMETER ROADS means the roads along the perimeter of buildings and at the ends ofarkin p g aisles where they abut property lines and provide customer drop-off and pickup as well as emergency access to thebuilding. PERMANENT SMGIY: any display of characters: b. .d•' • • •.•. • •• •- -. • • • . c. r.. . • •. : ... ; ,• • • w • • •;.; : •••; • • • • . . .. . ... • •. PERMITTED USE shall mean a use specifically permitted or a use analogous to those g specifically permitted. PLANNING COMMISSION shall mean the Planning Commission of the Town of Oro Valley. y PLAT shall mean a map of a subdivision: a. PRELIMINARY PLAT shall mean a preliminary map including supporting data indicating a proposed subdivision development prepared in accordance with Sec. 4-304 through 4-308 of this code. • b. FINAL PLAT shall mean a map of all or part of a subdivisiong rovidin substantial P conformance to an approved preliminary plat prepared by a registered civil engineer or a registered land surveyor in accordance with Sections 4-405 through 4-410 of this code. c. RECORDED PLAT shall mean a final plat bearing all of the certificates of approval required q in Sections 4-405 through 4-410 of this code and duly recorded in the Pima County Recorder's Office. PLATE LINE: the point at which the bottom of the main roof structure first touches or bears upon an external wall. • . • .^ ; • PRELIMINARY PLAT APPROVAL shall mean approval of the preliminary P lat bythe Town Council as evidenced in its meeting minutes and constitutes authorization to proceed with final engineeringplans and final plat preparation. PRESCHOOL shall mean a public or private establishment providing supervision and educational training g for 5 or more children 2 years of age or older and not related to the proprietor. Oro Valley Zoning Code Revised (Rev.2/01) 2-24 CHAPTER 2 DEFINITIONS PROHIBITED USE shall mean a use not specifically permitted or a use analogous to those not specifically permitted. PUBLIC FLOOR AREA shall mean, for the purpose of determining parking requirements, all areas of a building that are used by the public excluding restrooms. PUBLIC IMPROVEMENT STANDARDS shall mean a set of regulations setting forth the details, specifications and instructions to be followed in the planning, design and construction of certain public improvements in the Town formulated by the Town Engineer, the County or State Health Department, Pima County Wastewater Management and other departments in the Town of Oro Valley. I I . • ... .. • . • ••• • • •• • • • . • • •• • • • • • • •• . • •. • • • • • RANCH shall mean an area of 10 or more contiguous acres which is used for the raising of livestock on a commercial basis provided ranch shall include horse breeding and training, but shall not include riding stables. RECREATION AREA: Any land area that is designated for recreation or contains specific facilities such as community recreational centers, pedestrian ways, swimming pools, picnic facilities, basketball and sport courts,playground equipment and exercise equipment. RECREATIONAL AREA, ACTIVE: shall be defined as an area delineated for activities, in the form of a formal nature and that often is performed with others, which requires equipment and which take place on a prescribed field. Active Recreational Areas include but are not limited to tennis, volleyball, boccie ball and other court games, baseball, soccer and other field sports, swimming pools, track and improved playground activity areas. RECREATIONAL AREA, PASSIVE: shall be defined as areas delineated for activities that involve relatively inactive or less energetic activities, such as walking, sitting, picnicking, card games, checkers, and similar table games. Passive Recreational Areas also include natural open space, which contain nature walks and observation areas. RECREATIONAL BUILDING: shall be defined as a building whose primary use and function is for Recreational Activities. RECREATIONAL FACILITIES: shall be defined as a place designed and equipped for the conduct of sports, exercise and/or leisure-time activities. REHABILITATIVE CARE FACILITY shall mean a health care facility that provides 24 hour personal care, rehabilitation and supportive health care services, including medical supervision, for inpatients. Skilled nursing care and ongoing therapeutic treatment (excluding treatment for substance abuse), as necessary, may be provided for inpatients only inhabiting the premises for a finite period (see criteria/specific development standards in Sec. 9-105B and D). RESORT shall mean a group or groups of buildings containing more than 5 dwelling units and/or guest rooms and providing outdoor recreational activities which may include golf, horseback riding, swimming, Oro Valley Zoning Code Revised (Rev.2/01) 2-25 CHAPTER 2 DEFINITIONS shuffleboard, tennis and similar activities. A resort may furnish services customarily furnished by a hotel including a restaurant,cocktail lounge and convention facilities. RESTAURANT shall mean an establishment whose primary business is the serving of food to the public. RESTAURANT, DRIVE-IN shall mean any building or structure where food and drink are served for consumption on the premises by order from the service to a vehicular passenger outside the structure. RESTAURANT,DRIVE-THROUGH shall mean any building or structure where food and drink are served for consumption within the building or off the premises by order from vehicular passengers outside the structure including,but not limited to, services from an outdoor service window. RETAIL shall mean a sale for any purpose other than for resale in the form of tangible personal property. RETAINING WALL: A wall designed to withstand lateral and hydrostatic pressures and built to keep earth from sliding. REVEGETATION: Placement of living plant materials, including,but not limited to seed, on sites or cut and fill slopes where the natural vegetation has been removed. • r.. j,.. • . .. . . • . ... .. . . RIDGE(when used in relation to natural terrain) means a relatively narrow elevation, which is prominent on account of the steep angle at which it rises; an elongated crest or series of crests, with or without peaks, significantly higher than the adjoining ground. RING ROADS means the roads which typically provide unimpeded access to the parking aisles from the access drives and perform a collector function. Ring roads are not primarily adjacent to the buildings except in service areas. RIP-RAP: A bed or wall consisting of stones placed in an irregular fashion. RIP-RAP,GROUTED: Rip-rap that is held together with or placed in cementatious material. RIPARIAN HABITATS: biological communities occurring in association with any spring, cienega, lake, watercourse,river, stream, creek,wash, arroyo, or other body of water, either surface or sub-surface, or any channel having banks and beds through which water flows, at least periodically. Riparian habitats may be generally characterized or distinguished into three classes, hych-oriparian, mesoriparian and xeroriparian,by a difference in plant species composition, or an increase in the size and/or density of vegetation, as compared to upland areas, as follows: a. HYDRORIPAR.IAN HABITATS: Riparian habitats generally associated with perennial watercourses, with plan communities dominated by obligate or preferential wetland plant species, such as Willow and Cottonwood. Oro Valley Zoning Code Revised (Rev.2/01) 2-26 CHAPTER 2 DEFINITIONS b. MESORIPARIAN HABITATS: Riparian habitats generally associated with perennial or intermittent flows, or shallow ground water, with plant communities dominated by species that may also be found in drier habitats, but contain some preferential riparian plant species, such as Ash or Netleaf Hackberry. The Mesquite bosque and Sycamore/Ash association are examples of this community type. c. XERORIPARIAN HABITATS: Xeronparian habitats are supported by intermittent or ephemeral stream flows. Typical species associated with this habitat type include Mesquite, Blue Palo Verde, Desert Willow, Catclaw Acacia, Whitehorn Acacia, Desert hackberry and Ironwood. Actual species composition is typically a function of the extent and frequency of stream flow. Xeroriparian habitats are present along washes throughout the Town of Oro Valley. For the purposes of this classification system, xeroriparian habitats are further divided into the following subcategories: (1) HIGH XERORIPARIAN A HABITATS: generally associated with well-developed watercourses. The trees present are generally 16 feet to 20 feet tall or taller. The vegetative volume per unit area within this habitat type is approximately 0.850 M3/M2 with much of the volume present within the dense over-story. The diversity of species is relatively greater than that associated with Intermediate Xeroriparian B and Low Riparian C Habitat types. Mesquite, Desert Willow, Blue Palo Verde and Desert Hackberry are representative tree species within High Xeronparian A Habitat areas. (2) INTERMEDIATE XERORIPARIAN B HABITATS: typically occur along well developed watercourses. The principal distinction between Xeronparian A and Xeronparian B Habitats is that of plant size (height,trunk size and total vegetative volume). Trees in this habitat type generally range from 6 feet to 15 feet tall. The under-story is often more extensive than Xeroriparian A Habitats due to a more open over-story canopy. Within Intermediate Xeroriparian B Habitats, the vegetative volume per unit area is typically 0.675 M3/M2. Mesquite, Ironwood, Blue Palo Verde, Catclaw Acacia, Desert Broom and Desert Hackberry are representative of this habitat type. (3) LOW XERORIPARIAN C HABITATS: typically occur along minor watercourses and along the peripheral edges of major watercourses. The typical vegetative volume per unit area in this habitat type is between 0.500 and 0.675 M3/M2. Whitethorn Acacia, Catclaw Acacia, Desert Creosote Bush, Bunchgrasses and Bursage are typically found within Low Xeroriparian C Habitats. (4) REGIONAL DRAINAGEWAY: not a single habitat type, but rather, an aggregation of the habitat types described above distributed continuously along a regional drainageway. The Regional Drainageway is significant in that it typically extends for lengths of several miles and may extend from the urbanized portions of the Town into large tracts of undeveloped Oro Valley Zoning Code Revised (Rev.2/01) 2-27 CHAPTER 2 DEFINITIONS public lands. Within the current boundaries of Oro Valley,this habitat feature occurs along the Canada del Oro Wash and Big Wash. The regional drainageway typically consists of patches of Xeroriparian A, B and C Habitats, separated by areas of sparsely vegetated or non-vegetated wash bottom all of which is within the undeveloped floodplain. The high habitat value associated with regional drainageways stems from their length (which can be uninterrupted for lengths of several miles), their width ( h c hi wprovides habitat areas that are relatively isolated from adjacent urban developments), and their configuration(which provides connections between various tributary channels and in some instances,connections to tracts of preserved natural open space). ROOMING HOUSE, see "boardinghouse". SCHOOL OR COLLEGE shall mean, unless otherwise specified, private orublicplaces of P general instruction, but shall not include day nursery schools, dancing schools, riding academies or trade or specialized vocational schools. SCREEN an opaque barrier designed and installed to conceal areas used for storage, refuse, mechanical , equipment,parking or delivery service loading bays from street and public view,or to buffer adjacent uses. a. SCREEN WALL shall mean an opaque wall at least 6 feet in height located along the perimeter of a said use where said use abuts a residential use. The screen wall shall be constructed of masonry or other similar material recommended by the Planning Commission and/or the Development Review Board and approve by Town Council. The purpose of the screen wall is to minimize any impacts associated with contiguous or adjacent land uses. SCULPTURED ROCK is a soil stabilization treatment using a material, such as concrete or gunite,which is sculpted to resemble natural stone. SERVICE STATION, AUTOMOTIVE is considered to be a convenience use and shall mean a retail business engaged primarily in the sale of motor fuels,but also in supplying goods and servicesenerall required in g Y the operation and maintenance of automotive vehicles. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; automotive maintenance and repair and the supplying of other incidental customer services and products. Major automotive repairs, boats, trailer, trucks and any othertYP a of sales or service not specifically referred to herein are prohibited. SETBACK: the shortest straight line distance in feet from the nearest property or lot boundaryto a main or P rtY accessory building, structure, sign or the like located on the same property or lot, except as exempted by Sec. 13-106. P SHOPPING CENTER shall mean a group of stores planned and designed for the site on which it is built, functioning as a unit, with off-street parking, landscaped areas and pedestrian malls or P lazas provided on Oro Valley Zoning Code Revised (Rev.2/01) 2-28 CHAPTER 2 DEFINITIONS the property as an integral part of the unit. The unit shall have common points of ingress and egress and occupy a land area no less than 9 acres, whether on single or multiple lots or under single or multiple ownership. All structures within a shopping center shall be architecturally integrated with regard to construction materials and colors. SIGNS:See Chapter 12 for definitions and requirements. • •• • = • :•: : • . •: •.. ; : . • •• •..' ::•, ; ; : •: : • ::: .•` -• • SIGNIFICANT VEGETATION (SV): is characterized as specific plant communities, and/or unique plant occurrences and/or unique individual specimens that demonstrate, through the presence of certain criteria areas of special value to the Sonoran desert ecosystem: I. Plant Community is an area of vegetation dominated by one or more species, climate,elevation, soil types and other factors ultimately determine the limits and boundaries of particular plant communities. Examples of a plant community dominated by one species are desert grassland and creosote bush association, or a grove of trees, for example mesquite bosque. These communities can form almost pure stands of single species. Examples of co-dominate plant communities are cottonwood-willow and palo verde-saguaro association. Plant communities create an environment that is beneficial, unique and/or valuable to the desert ecosystem. 2. Unique Plant Occurrences are areas of vegetation that exist in contrast to the majority of the surrounding vegetative community due to either microclimates or availability of water sources. Examples are stands of ironwood trees or riparian areas. 3. Unique Plant refers to any native tree, shrub or cacti with extraordinary characteristics such as,but not limited to , age, size, shape, form, canopy cover or aesthetic value. An example may be crested saguaros,a rare,massive ancient tree or tree with unusual shape. SITE is a land area designated for development as a single entity, exclusive of any public right-of-way or property,which consists of one parcel or any number of contiguous parcels. SITE DELIVERED DWELLING shall mean any dwelling which is not constructed on the site which it is located. Site delivered homes include prefabricated housing, manufactured housing, and mobile homes. Site delivered homes do not include recreation vehicles. SITE PLAN shall mean a plan drawing of an individual site (see site definition) including the layout of buildings,circulation system,parking,walls,landscaping, open space and any other appropriate information as required by the Town of Oro Valley to provide adequate public review. - SITE RESOURCE INVENTORY a primary evaluative design tool upon which site design and salvage plans are based. The information contained in the Site Resource Inventory shall be utilized for purposed of site planning and design, and shall describe and identify natural characteristics of the site, including areas of significant vegetation. Preservation of protected natural characteristics of the site, including areas of Oro Valley Zoning Code Revised (Rev.2101) 2-29 CHAPTER 2 DEFINITIONS significant vegetation. Preservation of protected natural area and significant vegetation shall � g be a primary consideration. SKILLED NURSING CARE FACILITY shall mean a health care facility which provides skilled nursing and supportive care (excluding substance abuse treatment) on a 24 hour a day basis to requiring inpatients uirin P q g suc h services for extended periods(see criteria/specific development standards in Sec. 9-105C and D). SLOPE: Degree of deviation of a surface from the horizontal; measured as a numerical ratioe p rcent, or in degrees. Expressed as a ratio, the first number is the horizontal distance(run) and the second is the vertical distance(rise), as 2:1. A 2:1 slope is a 50 percent slope. Expressed in degrees, the slopei gz" s the angle from the horizontal plane, with a 90 degree slope being vertical (maximum) and 45 degrees being ing a 1:1 or 100 percent slope. SLOPE, EXPOSED, HEIGHT OF: Vertical dimension of the exposed sloe measured from slope, the top of the adjacent finished grade to the point where the cut or fill slope intercepts the natural grade. SLOPE INTERCEPTOR DRAIN: A drainage swale designed to collect and divert the flow of water. SOIL: Natural occurring deposits overlaying bedrock. SOILS ENGINEER OF RECORD: A person whose discipline is soils engineering, whohas g, prepared and sealed a geotechnical report for a specific property. SPECIAL USE shall mean a temporary use of a property for a special event, which may, or may not, be in compliance with the standards of the zoning district in which it is to be located. Said uses, which may be public or private, may include, but are not limited to, civic, philanthropic, educational, religious, Psporting and/or social events, fund-raisers or holiday sales, or any other special temporary ryuse as may be deemed analogous to these examples by the Planning&Zoning Director. SPORT COURT shall mean any surface prepared for the purpose of playing sportingactivities. Surfaces may include, but are not limited to, concrete, sand, clay, asphalt, and turf. Courtorts include tennis, croquet, shuffleboard, � basketball, volleyball, bocce, and the like. A lighted sport court shall mean any playing surface illuminated by artificial lights for nighttime play. STABILIZATION: Treatment with mitigation measures in accordance with the erosion or siltation resistance, or the structural strength,of a graded area. STABLE, COMMERCIAL shall mean an area of 10 or more contiguous acres containing a stable for horses, mules or ponies that are hired, bred, shown or boarded on a commercial basis. Commercialto s bles must meet the conditions of Section 9-103 of this ordinance. STABLE, PRIVATE shall mean a detached accessory building for the keeping of horses,g mules or ponies owned by the occupants of the premises and not kept for remuneration,hire or sale. STOCKPILE: The storage of uncompacted earth material. Oro Valley Zoning Code Revised (Rev.2/91) 2-30 CHAPTER 2 DEFINITIONS STORY shall mean thatP ortion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. STREET shall mean any street, avenue, boulevard, road, lane, parkway, place, alley easement for access, viaduct or bridge and approaches thereto. A street includes the land between the right-of-way lines whether improved or unimproved and may comprise pavements, shoulders, curbs, gutters, sidewalks, parking areas p P and lawns. a. ARTERIAL ROUTE arterial) shall mean those interstate, state or county highways, (principal freeways, expressways and major thoroughfares having regional continuity. b. COLLECTOR STREET shall mean those streets providing the traffic movement within neighborhoods of the Town and between major streets and local streets and for direct access to abutting property. c. LOCAL STREET shall mean those streets providing direct access to residential, commercial or other abutting land or for local traffic movements and connects to collector or major streets. (1) FRONTAGE STREET shall mean a local street parallel and adjacent to an arterial route which intercepts local streets and controls access to an arterial route. (2) CUL-DE-SAC shall mean a short local street permanently terminated in a vehicular turnaround. d. ALLEY shall mean a public service way used to provide secondary vehicular access to properties otherwise abutting upon a street. STREET CENTERLINE shall mean the center line of a street right-of-way as determined by the Town Engineer. STREET LINE shall mean a dividing line between a lot,tract or parcel.of land and a contiguous street(right- of-way). STRUCTURAL ALTERATIONS shall mean any change in the supporting members of a building such as bearing walls or partitions,columns,beams or girders or any complete rebuilding of a roof. STRUCTURE shall mean any piece of work constructed or erected, the use of which requires a location on the icound or attached to something having a location on the ground,but not including a tent,vehicle,trailer coach or mobile homes. STRUCTURE,TEMPORARY shall mean any piece of work,which is readily movable and used or intended to be used for aperiod not to exceed 90 consecutive days_ Such structure shall be subject to all applicable property development standards for the district in which it is located_ Oro Valley Zoning Code Revised (Rev.2/01) 2-31 1 3 CHAPTER 2 DEFINITIONS SUBDIVIDER shall mean an individual, firm, corporation, partnership, association,on, syndication, trust or other legal entity that files the application and initiates proceedings for the subdivision sion of land in accordance with the provisions of this code; and the subdivider need not be the owner of ther p operty. SUBDIVISION shall mean improved or unimproved land or lands divided for theu p rpose of financing sale or lease, whether immediate or future, into 4 or more lots, tracts orarcels of land ndor, ifanewstreetis involved, any such property which is divided into 2 or more lots, tracts orarce p l s of land or any such property, the boundaries of which have been fixed by recorded plat which is divided into more than 2 parts. "Subdivision" shall also include any condominium, cooperative, community ty apartment, townhouse or similar project containing 4 or more parcels in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, butlats of such P projects need not show the buildings or the manner in which the buildings or airspace above the property divided. p perty shown on the plat are to be SUBDIVISION shall not include the following: a. The sale or exchange of parcels of land to or between adjoiningproperty p p rty o wners if such sale or exchange does not create additional lots. b. The partitioning of land in accordance with other statutes regulating the partitioning of land held in common ownership. c. The leasing of apartments, offices, stores, or similar space within a building or trailer park, nor to mineral, oil or gas leases. SWIMMING POOL shall mean a contained body of water used for swimming or bathing purposes either above ground level or below ground level with the depth of the container inches being more than 18 inches in depth or the area being more than 38 square feet. a. PRIVATE SWIMMING POOL shall mean a pool established or maintained on any by an individual for his own or his family's use or for premises y guests of the household. b. PUBLIC SWIMMING POOL shall mean a county al, P or commercial pool, admission to which may be gained by the general public with or without payment of a fee. c. SEMI-PUBLIC POOL shall mean a membership pool or cooperative pool P� ve or a pool at an establishment such as a resort, motel, apartment building or otherlaces where re the primary business of the establishment is not the operation of swimming facilities and where admission to use the pool is included in consideration given for the primary use of theP remises. SURVEY means an activity with the purpose of locating, identifying,fying, and evaluating cultural or archaeological sites without causing any disturbance of the ground. TECHNICAL AND PROFESSIONAL STANDARDS AND GUIDELINES means that all aspects of the archaeological mitigation and data recovery efforts shall be conducted bya archaeologist professional archaeologist using accepted professional standards and practices consistent withidelines included din the Advisory Council on Historic Preservation 1980 Handbook; guidelines for Recoveryof Scientific,cc, Prehistoric, Historic, and Oro Valley Zoning Code Revised 2-32 (Rev.2/01) CHAPTER 2 DEFINITIONS Data: Methods, Standards, and Reporting Requirements (36CFR66, dated January 28, Archaeological 1977); the Standards of Research Performance of the Society of Professional Archaeologists; and the Secretary of the Interior's Standards and Guidelines for Archaeological Documentation (Federal Register, dated September 29, 1983). TEMPORARY FENCING: A light, temporary barrier, as approved by the Town, which clearly and conspicuously delineates areas designated to remain undisturbed or that are to be protected during �P y construction. • • . • • , .• .. • • �. • i • • •i i ' .' . . i'i I I I • j •• TENNIS CLUB shall mean a commercial facility for the playing of tennis at which there is a clubhouse including restrooms. A tennis facility may provide additional services customarily furnished by a club such as swimming, outdoor recreation and related retail sales that may include a restaurant and cocktail lounge if approved as a part of the required use permit. TERRACE: A relatively level step construction in the face of a graded slope surface for drainage and maintenance purposes. TESTING,ARCHAEOLOGICAL means the limited subsurface excavation or remote sensing of a proposed disturbance (or portion thereof) to determine the potential, type or extent of the archaeological site. Testing mayinclude trenching and establishing archaeological excavation units and will include the screening of excavated material for artifact recovery. TIMESHARE PLAN means any plan or program in which the use, occupancy, or possession of one or more time-share units circulates among various persons for less than a sixty-day (60) period in any year, for any occupant. The time-share plan shall include both time-share ownership plans and timeshare use plans, as P follows: a. TIMESHARE OWNERSHIP PLAN means any arrangement whether by tenancy in common, sale, deed, or other means whereby the purchaser receives any ownership interest and the right to use the property for a specific or discernible period by temporal division; and b. TIMESHARE USE PLAN means any arrangement, excluding normal hotel operations, whether by membership agreement, lease rental agreement, license, use agreement, security or other means, whereby the purchase receives a right to use accommodations or facilities,or both, in a time-share unit for a specific or discernible period by temporal division, but does not receive and ownership interest. TIMESHARE UNIT means the actual and promised accommodations, and related facilities, which are the subject of a time-share plan. Oro Valley Zoning Code Revised (Rev.2/01) 2-33 CHAPTER 2 DEFINITIONS TOWER means a facility used for Wireless Communication Facilitymounts and consists sof more than a single shaft of steel or concrete. TOWN shall mean the Town of Oro Valley. TOWN COUNCIL OR COUNCIL shall mean the Town Council of the Town of Oro Valley. Y TOWNHOUSE shall mean a single family dwelling with party walls and no sideards between tween abutting dwellings. I• I • =. • . • •. •. • =•.^ • •1 • I• • i .i ; i •.... : - • • i i• .. • .. •• •• •. : I 1 1 : TRANSPORTATION PLAN shall mean a plan which provides for the development of a system p y of streets and highways including the location and alignment of existing and proposed thoroughfares, pbicycle paths, frontage roads and limited access to Oracle Road. TURNOVER means the number of different vehicles that park in a givenace during g an average day. USABLE LOT AREA shall mean that portion of a lot usable for or adaptable to the normal 1 uses made of residential property excluding any areas which may be covered by water, excessivelyincluded steep or in certain types of easements. USE shall mean the purpose for which land or a building is occupied or maintained, arranged, designed esigned or intended. USE PERMIT shall mean a permit granted to a property owner by the Town Council to conduct a use allowed as a use in a zoning district subject to a use permit. A use ermitbe maye gr ant ed in accordance with the provisions of Sec.3-201 through 3-208 of this code. UTILITIES shall mean installations or facilities, underground or overhead, furnishing for the use of the public, electricity, gas, steam, cable TV communication, water, drainage,e, sewa a disposal g g sp 1 or flood control owned and operated by any person, firm, corporation, municipal department or board duly authorized by state or municipal regulations. Utility or utilities may also refer to such persons, firms, corporations, departments or boards as sense requires. VARIANCE shall mean a modification of the literal provisions of this zoningcode granted by the Board of Adjustment upon a finding that strict enforcement of the provisions would cause undue hardship owing to circumstances unique to the individual property for which the variance is granted and not caused bythe applicant for said variance. VOLUME shall mean the volume of building, which occupies a particular site. Volume of a building shall be determined by multiplying the gross floor area of the individual floors bytheheight of that g story_ VOLUME RATIO shall mean the ratio of building volume to the net lot area of the building site. Oro Valley Zoning Code Revised CHAPTER 2 DEFINITIONS WALL shall mean any structure or device required or allowed by this code forming a physical barrier which is so constructed that 50% or more of the vertical surface is closed and prevents the passage of light, air and vision through said surface in a horizontal plane. This shall include concrete, concrete block,wood or other materials that are solid and are so assembled as to form a screen. Where a solid wall is specified, 100%of the vertical surface shall be closed except for approved gates or other access ways. Where a masonry wall is specified, said wall shall be concrete block, brick, stone or other similar material and 100% of the vertical surface shall be closed except for approved gates or other access ways. WAREHOUSE shall mean a building or buildings used for the storage of goods of any type and where no retail operation is conducted. WHOLESALE shall mean the sale of tangible personal property for resale by a licensed retailer and not the sale of tangible personal property for consumption by the purchaser. • I. i i • . : • . :: • `', , - - •: •: • : •- :: •' : : •• . : • • .: . . . . : 1- i .. . . . . .. .. .-. . . ••. • .. •. • .• . . . .. . . . .. 9:: . . •.. •• . . -• • WIRELESS COMMUNICATIONS FACILITY means a facility for the transmission and/or reception of radio frequency signals, including over-the-air broadcasting signals. Usually consisting of antennas, equipment shelter,or cabinet, a support structure, and/or other transmission and reception devices. YARD shall mean an open space at grade level between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure from the ground upward except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used. YARD,FRONT shall mean an open,unoccupied space on the same lot with the main building extending the full width of the lot and situated between the street line and the front line of the building, projected to the side lines of the lot. The front yard of a commercial corner lot is the yard adjacent to the major street as determined by the Town Engineer. YARD, REAR shall mean an open space on the same lot with a main building between the rear line of the building and the rear line of the lot extending the full width of the lot. The rear yard lot line is opposite the most distant from the front yard lot line. The rear yard lot line of an irregular, triangular or gore Iot shall, for the purpose of this ordinance,be a line entirely within g the lot at least 10 feet long and parallel and most distant from the front yard lot line. YARD,SIDE shall mean an open, unoccupied space on the same lot with a main building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a real line or a front line shall be deemed a side lot line. An interior side yard is defined as the side yard adjacent to a common lot line. Oro Valley Zoning Code Revised (Rev.2/01) 2-35 DRAFT DEVELOPMENT REVIEW Sec.3-201 The Town Clerk shall schedule a public hearing before the Town Council at which citizens shall have an opportunity to be heard. The time and place of such hearing shall be published at Ieast once in a newspaper of general circulation in the Town of Oro Valley not less than 15 days before the Town Council hearing date. The time and place of such public hearing and the information concerning the use permit requested shall be posted within the area included in the amendment at least 15 days before such Town Council hearing. It shall be the responsibility of the applicant to maintain the posting. Sec.3-206 Decision Following the conclusion of the public hearing before the Town Council upon the application for a use permit, the Town Council may approve the use permit stipulating those conditions it feels necessary to carry out the provisions and intent of this ordinance. A copy of the use permit, stamped by the Town Clerk and encased in plastic or otherwise framed shall be posted conspicuously at all times on the premises. Sec.3-207 Development Review Board No structure or building shall be built or remodeled under the conditions of a use permit until Development Review Board approval has been obtained as outlined in Article 3-3. Sec.3-208 Violation The violation of any condition imposed by the use permit shall constitute a violation of this ordinance. Amendment or addition to any use permit is subject to the same procedures as those which apply to a new application. ARTICLE 3-3. DEVELOPMENT REVIEW Sec.3-301 Applicability The Development Review Board shall review all developments other than R1-144, R1-43, R1-36, and R1-20 Districts which are not subject to overlay. A. The Development Review Board shall make recommendations to the Council regarding subdivision plats and the development plans as provided in Chapter 4 of this code. B. The Development Review Board is authorized to approve, conditionally approve or disapprove all applications for development review not included in Subsection A above, subject to Town Council review or appeal. Such applications include architectural design, landscaping plans,use permit developments, Comprehensive Sign Programs, Sign Criteria permarien-t—signs—(net ' ' ' ' ':- •'' ' •• ••. -', :- .- . ' .to and other matters as provided in this Oro Valley Zoning Code Revised (Rev_12197) 3-29 L Sec.3-206 DEVELOPMENT REVIEW code if not required as part of subdivision plat or development plan approvals. The Development Review Board shall base its decision solely on the criteria as set down in Sec. 3-302 except within the Hillside District where the Board shall also base its decision on the provisions of Sec. 10-107(Rev. 3/86). C. Prior to the development, earthwork, construction, remodeling, change or alteration of any proposed or existing project within a zoning district subject to development review,the property owner or his designated agent shall secure approval of the Development Review Board. Staff shall be permitted to approve minor/common sense changes of architecture or landscape plans in order to avoid delay by using the normal development review process. Minor/common sense changes or alterations include those that: 1. are reasonably similar to the approved plan; 2. are not already completed; 3. benefit the town or the environment; 4. are not controversial; 5. are consistent with similarly situated property; 6. do not affect mass or streetscape; 7. do not affect pre-approved plats; and 8. are approved by the neighborhood association,if necessary. D. 11.• • P ? I I ' •• .•• • .. . •• • • • •• • • ••• • •.•• .. .• • • • • •• . • • 1 ' ! ..•.. .• • . .• • • • • •. ..• •• •. . •• . • • • • . • *.a. • I I • / I I• • - I I• ► • • I I• • I I 1 • • D. The DRB shall create a DRB Agenda Committee, which shall contain a minimum of two (2) DRB members, to review paint colors, tile colors and other building material products on a weekly basis, or as needed, to determine if the proposed building material products can be administratively approved. If there is a unanimous decision by the two (2) DRB members, along with staff's recommendation, that the building material products are in conformance, the submitted application shall be administratively approved. If the sub-committee finds the proposed building material products are not complimentary or consistent, the proposed building material products will require a majority of the full DRB for approval and shall be scheduled for the next available DRB meeting. Sec.3-302 Criteria In considering any application for development review, the Development Review Board shall be guided by the following criteria: Oro Valley Zoning Code Revised (Rev.6/98) 3 -30 DR AFT REQUIRED IMPROVEMENTS provided with a graded and surfaced temporary turning circle. Sec.4-707 Street Name Signs Signs shall be placed at all street intersections and be in place by the time the street pavement is ready for use. Specifications for design, construction, location and installation shall be in accordance with approved Town standards. If the intersection contains a public street, fabrication and installation of the completed sign unit shall be by the Town of Oro Valley. The total cost of installation shall be on record with the Town Engineer and this cost shall be borne by the sub-divider. The sub-divider may elect to have the Oro Valley Streets and Roads Department install street name signs at intersections containing only private streets at the current Town cost on file with the Town Engineer. The total cost of said installation shall be borne by the sub-divider(Rev. 11/20/91). Sec.4-708 Storm Drainage Proper and adequate provisions shall be made for disposal of storm waters. The requirements of this section shall apply equally to grading of private property and public streets. Existing major watercourses shall be dedicated as drainageways or easements. The type, extent, location and capacity of the drainage channels shall meet the approval of the Town Engineer and shall be constructed in accordance with plans approved by the Town Engineer. Sec.4-709 Sanitary Sewage Disposal Sewage disposal facilities shall be installed to serve each lot and be subject to Pima County Health Department and/or Pima County Wastewater Management standards. Sec.4-710 Water Supply Each lot shall be supplied with safe,pure and potable water in sufficient volume and pressure for domestic use and fire protection in accordance with Town standards. Fire hydrants shall be installed in accordance with current Town standards at locations designated by the Fire Department and approved by the Town Engineer at the expense of the sub-divider. ; • • . RESERVED - ♦ • 1 I I • - • • • I I • I J I • i I . •I + I I 1 f • • I• •• +• l I • . Sec.4-712 Lot Corners Iron pipe or round reinforced steel bars not less than 1/2 inch in diameter shall be set at all corners, angle points and points of curve for each lot within the subdivision prior to the recording of the plat except that the Development Committee may approve delay where topographic or construction conditions make it necessary. Oro Valley Zoning Code Revised (Rev.2/01) 4-46 DR AFT Sec. 10-004 TANGERINE CORRIDOR OVERLAY DISTRICT designated on all properties abutting arterial in the Target Area, measured from the arterial right-of-way. 3. Under special circumstances, such as restricted parcel dimensions, improved structural massing or uneven topography,ADOT and the Town may approve reduction of the tract to not less than 330 feet in length and 25 feet in width at the Tangerine tract. Crossings of arterial tracts are prohibited. • • • • •• f• •• 1/e • . I• • 1 1. • t • i • • •• e • i • i • . • • • = • • • •• • •1 • t • • • Pt. :, •• • i • i • • i r • • 5. Pathway Linkages. Locations for trails or paths may be approved for placement within the reserved area. B. Vegetation/Landscape Standards Significant vegetation is defined, for purposes of the Tangerine Corridor, as all saguaros or groupings of existing plants that are unique in the context of the Corridor (such as Ironwood forests), clusters of plant materials that provide visual screening, trees with trunk diameter greater than six inches, measured at a point two feet above the ground, or a cluster of three or more trees located within ten feet of each other with trunk diameters of more than two inches. 1. Preservation or Installation. Portions of the tract where all significant vegetation, including understory, is preserved are not subject to additional landscape requirements. Clearing of understory or trimming existing trees shall require compliance with appropriate provisions of the Oro Valley Landscape Ordinance. Re- vegetation plans may include alternative plant species (such as to provide vertical screening) as approved by the Planning and Zoning Director. Perimeter areas that are not vegetated with preserved natural landscaping shall be re- vegetated, preferably with plant materials from the adjacent property, at a minimum density of one tree per 1500 square feet and one shrub per 100 square feet. 2. Maintenance. Frontage tract areas shall be maintained by the property owner or property owners' association. C. Berms Where existing vegetation is minimal or has been disturbed, earthen berms, or portions of earthen berms, may be placed in frontage tracts for purposes of traffic noise attenuation or Section 10-005.A.4. screening requirements. Oro Valley Zoning Code Revised (Rev.12/98) 10-0.5 S Sec. 10-005 TANGERINE CORRIDOR OVERLAY DISTRICT 4. Mixtures of Use Types. Complementary land uses within planned developments that are principally intended to benefit its residents, customers or employees (such as commercial recreation, banking, retail and service establishments) may be proposed. Such uses shall be located internal to the development, buffered appropriately to be compatible with the predominant type of use. a. Density/Intensity. Acceptable, additional uses, not to exceed ten percent of the total site area, shall not alter the overall yield of dwelling units or FAR of the proposed development; however, if such uses are found to contribute positive amenities for site quality, areas devoted to such uses shall not be subtracted from the gross site area for the purpose of dwelling density or FAR calculations. b. Compatibility Assurance. Landscaping buffer-yards or walls shall be employed to separate mixed uses from areas devoted to the predominant use. Vehicular traffic shall be minimized with a preference for pedestrian access to mixed uses. c. Shared Facilities. Parking for mixed uses with differing peak activity times, open space and project amenities may be proposed in locations suitable for meeting the requirements of the Ordinance and the needs of site residents, guests, customers and/or employees. 4-0-004;-A-3, Sec. 10-006 Tangerine Road Corridor District Design Guidelines Design guidelines are intended as a flexible, regulatory supplement and complement the development standards set forth in Section 10-005 for general land development use types. The full intent of the following criteria should be met, as determined by the DRB, in order to obtain development approval. Distinctions by use type are organized according to the underlying zoning district classifications cited in Section 10-005 for Residential, Commercial and Employment/Institutional uses. A. Guidelines Applied The review of development proposals' responsiveness to design guidelines is mandatory for all properties or portions of properties located in the Corridor Target area. Review is optional for sites in the Corridor's peripheral areas. Alternative means for complying with guidelines' intent may be accepted by the Town. Oro Valley Zoning Code Revised (Rev. 12/98) 10-0.11 CHAPTER 12—SIGNS ARTICLE 12-1 SIGNS —GENERAL DRAFT * 1-* SEC. 12-101 Applicability and Objectives 12-102 Affect of Amendment on Pending Suits 12-103 Requirements for Conformity 12-104 Non Conforming and Discontinued Signs 12-105 Liability For Insurance and Damages 12-106 Prevailing Code 12-107 Signs Prohibited by Omission ARTICLE 12-2 PROCEDURES AND ENFORMENT SEC. 12-201 Sign Permits, Fees and Application Procedures 12-202 Comprehensive Sign Program 12-203 Revocation of Permit 12-204 Abandoned, Illegal, Prohibited or Inadequately Maintained Signs 12-205 Emergency Removal and/or Repair 12-206 Jurisdiction of the Town Magistrate 12-207 Severability 12-208 PAD Sign Guidelines 12-209 PAD Exemption 12-210 Variances ARTICLE 12-3 REQUIREMENTS SEC. 12-301 Construction 12-302 Illumination 12-303 Colors and Materials 12-304 Location 12-305 Inspections and Maintenance 12-306 Landscaping ARTICLE 12-4 DEFINITIONS AND SIGN TYPES ARTICLE 12-5 PERMANENT SIGNS SEC. 12-501 Identification Signs 12-502 Permitted Signs in a Commercial/Industrial District A. Awning B. Changeable Copy Sign C. Directional Sign D. Directory Sign E. Entryway Sign F. Freestanding Sign G. Kiosk Sign Program H. Menu-Board Oro Valley Zoning Code Revised 12-1 (Rev. 10/02) I. Monument Sign J. Service Station/Fuel Sign K. Tenant Directory L. Theater Sign M. Time and Temperature Sign N. Under Canopy Sign O. Wall Sign P. Window Sign SEC. 12-503 Permitted Signs in a Residential/Subdivision A. Entryway Sign B. Kiosk Sign Program ARTICLE 12-6 TEMPORARY SIGNS SEC. 12-601 Permitted Signs in a Commercial/Industrial District A. Banner B. Construction Sign C. Developer, Contractor, Sub-Contractor ID Sign D. Flags E. Real Estate, Lease, Rent and For Sale Signs F. Seasonal Signs G. Special Event Signs SEC. 12-602 Permitted Signs in a Residential/Subdivision A. Banner B. Developer, Contractor, Sub-Contractor ID Sign C. Model Home Complex, Custom Home Lot Sales Office Sign D. Model Home Flags E. On-Site Subdivision Sign F. Real Estate, Lease, Rent and For Sale Signs ARTICLE 12-7 POLITICAL SIGNS SEC. 12-701 Permitted Temporary Political Signs ARTICLE 12-8 PUBLIC AND QUASI-PUBLIC SIGNS SEC. 12-801 Permitted Temporary Signs ARTICLE 12-9 PROHIBITED SIGNS SEC. 12-901 Prohibited Permanent and Temporary Signs A. Balloon B. Billboards C. Electronic Message Sign D. Exposed Neon E. Flashing Lights F. Garage Sale Sign G. Human Sign Oro Valley Zoning Code Revised 12-2 (Rev. 10/02) H. Margue Sign I. Moving and/or Animated Sign J. Obscene Sign K. Off-Site Sign L. Portable Sign M. Posters N. Projecting Sign O. Roof Sign P. Search Lights Q. Signs Attached to Any Physical Public Property R. Vehicle Sign Article 12-10 EXEMPTED SIGNS SEC. 12-10-01 Code Limitations 12-10-02 Exempted Permanent and Temporary Signs A. Address Identification B. Government Sign C. Historical Marker D. Informational/Service Sign E. Interior Signage F. Memorial Sign G. Residential Sign H. Traffic Sign I. Warning Sign Oro Valley Zoning Code Revised 12-3 (Rev. 10/02) Sec. 12-101 SIGNS ARTICLE 12-1 GENERAL—SIGNS Sec. 12-101 Purpose A. The purpose of the Sign Ordinance is to establish reasonable regulations for the design, construction, installation and maintenance of all exterior signs in the Town of Oro Valley in order to: 1. Preserve and protect the public health, safety welfare and convenience. Protect the general public from injury or damage, which may be caused by faulty and uncontrolled construction or improper location of signs within the Town. 2. Promote the effectiveness of signs by preventing their over-concentration, improper placement, excessive clutter, size and number. Also, to direct persons, identify activities and enterprises in order to provide for the maximum public convenience. 3. Enhance the potential economic value and encourage quality development within the community, as well as, promote and aid tourist industry, which is an important part of the economy of the Town. 4. Provide for an effective form of communication while preserving the scenic beauty of the desert environment. Ensure 1;hat the signage is clear, compatible with the character of the adjacent architecture and neighborhoods and provides the essential identity of, and direction to, facilities in the community. 5. Safeguard and preserve the unique character of the Town creating an attractive and appealing community environment in which to live, work and visit. Assure that the public benefits derived from expenditures of the public funds for the improvement and beautification of streets and other public structures and spaces shall be protected by exercising reasonable controls over the character and design of sign structures. B. It is not the purpose of this Sign Ordinance to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this ordinance. Sec. 12-102 Affect of Amendment on Pending Suits The amendment of this ordinance shall not: A. Affect suits pending or rights vested immediately prior to the effective date of this ordinance, or amendments thereto, and/or B. Impair, avoid or affect any grant or conveyance made or right acquired or cause of action now existing under any such amended ordinance or amendment thereto. Sec. 12-103 Requirement For Conformity A. It shall be a misdemeanor for a sign to be installed or maintained in the Town of Oro Valley except as provided in this code.The violation of any provision of this Chapter, or failure to comply with any order or regulation made hereunder, shall be prosecuted in accordance with Article 1-10 of the Oro Valley Zoning Code. Oro Valley Zoning Code Revised 12-4 (Rev. 10/02) . t Sec. 12-104 Non-Conforming and Discontinued Signs A. Signs Rendered Non-Conforminq 1. If, at the time of the adoption of this ordinance, or amendment thereto, or of any extension of jurisdiction resulting from annexation, or of any amendment to the Oro Valley Zoning Code or any permanent sign which is being used but does not conform to the provisions of this ordinance, shall be deemed legal non- conforming. 2. Any sign which becomes legal non-conforming, shall be permitted to remain in place, provided the sign; a. is not increased in area or height b. remains structurally unchanged, except for reasonable repairs or alteration; and c. is placed in the same relative position on the remaining property that it occupied prior to the relocation d. if relocated in a manner so as to comply with applicable safety requirements, and e. is not discontinued per Section 12-104 B. 3. Notwithstanding any other provision of this Chapter, legal non-conforming signs that are located on a parcel of property which is severed from a larger parcel of property, may be relocated on the remaining parcel without extinguishing the legal non-conforming status of that sign provided that the non-conforming sign: a. is not increased in area of height b. remains structurally unchanged, except for reasonable repairs or alteration; and c. is placed in the same relative position on the remaining property that it occupied prior to the relocation d. if relocated in a manner so as to comply with applicable safety requirements, and e. is not discontinued per Section 12-104 B. After relocation pursuant to this sub-section, the legal non-conforming sign shall be subject to all provisions of this ordinance in its new location. 4. Alteration or Removal of Non-Conforming Signs a. A non-conforming sign shall not be re-erected, relocated (except as permitted above) or replaced unless it is brought into compliance with the requirements of this ordinance. b. Any building permit for proposed or existing occupied structures shall specify and require that any non-conforming sign located within the boundaries of a development site authorized by said permit shall be brought into conformance with the provisions of this ordinance, provided Oro Valley Zoning Code Revised 12-5 (Rev. 10/02) that, if the non-conforming sign is a type of sign that is prohibited under Sec. 12-9 of this ordinance, it shall be removed. c. Any non-conforming sign shall be removed or rebuilt in full conformity to the terms of this ordinance if it is damaged or allowed to deteriorate to such extent that the cost of repair or restoration is 50% or more of the costs and/or replacement of materials. B. Signs Rendered Obsolete or Discontinued 1. Except Lease, Rent and For Sale Signs, any sign, which is located on a property, which becomes vacant and unoccupied for a period exceeding three (3) months shall be deemed to have been discontinued. 2. Sign structures, which remain vacant, unoccupied, obsolete, devoid of any message or display, a message pertaining to a time, event or purpose that no longer applies for more than three (3) months, shall be deemed discontinued. 3. It shall be the responsibility of the owner of the premise to remove any sign deemed discontinued. Failure to arrange for removal in the allotted time constitutes a violation, subject to penalty as set forth in Article 1-10 of the Oro Valley Zoning Code. 4. To determine the discontinuance of any sign, a check of the business license and/or utility records will be conducted by the Town to determine when a sign shall be deemed discontinued. This date will be the starting date to determine when a sign shall be deemed discontinued. If the records do not show the license canceled, the starting date for determining when a sign has been discontinued will be the date the property on which the sign is located became vacant or unoccupied. Notifications of a violation shall be sent by registered mail or hand delivered to the owner of such sign, at which time the owner shall have ninety (90) days to cure any citations or violations. Any signs which are abandoned, illegal, prohibited or inadequately maintained, shall in addition to this section, follow the guidelines set forth in Section 12-204 A. C. Change in Business 1. When a business establishment closes, relocates, changes names, or abandons any sign or structure, the owner of the property shall remove the sign, or cause it to be removed, within thirty(30) days of the change of business. If the sign is to be immediately re-faced with a new business name, a new sign permit shall be required and applicable fees shall be paid. A permit shall be non-transferable from one to another. 2. A non-conforming sign shall be brought into compliance with the requirements of this ordinance when a business establishment closes, relocates, changes names or abandons any sign. A permit and applicable fees for the sign modifications are required. Sec. 12-105 Liability for Insurance and Damages A. The provisions of this code shall not be construed to relieve or to limit in any way, the responsibility or liability of any persons, firm or corporation which erects or owns any sign from personal injury or property damages caused by, attributed to, such sign. The provisions of this code shall not be construed to impose upon the Town of Oro Valley, its officers or its employees any responsibility or liability by reason of the approval of any sign under the provisions of this code. Oro Valley Zoning Code Revised 12-6 (Rev. 10/02) Sec. 12-106 Prevailing Code In the event a provision established in this Chapter is found to be in conflict with another provision in the Oro Valley Zoning Code Revised, or any other Town Code, the more restrictive shall prevail. If the Town-adopted sign regulations/guidelines for any development, including Planned Area Developments, do not address specifically any such sign criteria, the provisions of this Chapter shall apply. Sec. 12-107 Signs Prohibited by Omission In addition to those signs, or sign types, specifically prohibited by Article 12-9 of this Chapter, any sign, or type of sign, not specifically permitted under provisions of this code shall be prohibited. ARTICLE 12-2 PROCEDURES AND ENFORCEMENT The Planning and Zoning Administrator is responsible for enforcing this chapter pursuant to Sec. 1-302 (G)and 1-502 (J). The Planning and Zoning Administrator is, hereby authorized and empowered to ensure that all provisions of this chapter are met in fact and intent. The Planning and Zoning Administrator may appoint a designee to assure code compliance. The procedures to be followed in exercising this authority are outlined in Sec. 12-202 through 12-204. Sec. 12-201 Sign Permits, Fees and Application Procedures A sign permit shall be required in order to erect, install, relocate, modify or change any sign within the Town of Oro Valley. A. Approval of all Temporary sign permits shall be at the discretion of the Planning and Zoning Administrator or his/her designee. B. The Planning and Zoning Administrator or his/her designee shall authorize issuance of permits for permanent signs, after applications have been reviewed by staff for code compliance. Any proposed sign criteria or Comprehensive Sign Programs for a new Development are subject to review by the Development Review Board. Once a sign criteria has been approved for a new Development, any issuance of sign permits shall be at the discretion of the Town as along as the application meets the approved sign criteria set forth for that Development. C. All electrical work associated with the sign installation must conform with the currently adopted versions of the National Electrical Code and must be reflected on the application. D. Permit Fees— Upon approval of an application for the sign permit, the applicant shall be advised of the applicable fee. Permits will not be issued until all applicable fees have been collected. Fees shall be assessed according to a schedule adopted by the Town Council. Exception: -The owner of a non-conforming sign shall not be required to pay a fee for a permit to bring an existing sign into conformance with this code. E. Application Procedures The following procedure is required to obtain a sign permit. 1. A completed application shall include the following information: Oro Valley Zoning Code Revised 12-7 (Rev. 10/02) a. The address of the site for the proposed signage; b. Written consent of the owner, lessee, agent or trustee having charge of the property on which the sign is proposed, if the applicant is not the property owner. c. The applicant's name, name of business, business address and work telephone number. 2. Two (2) sets of scaled drawings of the proposed sign(s)for each sign larger than four (4) square feet, showing; a. All sign dimensions; b. Materials and colors; c. Site plan showing the proposed locations of signage along with all the required setbacks; d. Building elevations showing all proposed sign locations and overall height from grade to the top of the sign; e. The source of illumination, if any; f. Method of support and/or attachment, including structural computations for supports for any sign subject to excessive stresses, as determined by the Building Official. Additionally, a wet seal by a certified engineer may be required, and g. The"copy"to be shown on all freestanding structures and temporary signs. F. Permit Expiration 1. Every permit issued under this Chapter shall expire by limitation and become null and void if the work authorized by such permit is not completed within 180 days from the date of such permit. Prior to expiration of the permit, the applicant may request an extension of the expiration date at the discretion of the Planning and Zoning Administrator and/or his/her appointee. Once the permit has expired, before such work can recommence, a new permit shall first be obtained and the fee therefore shall be 50% of the amount required for a new permit for such work, provided no changes have been, or will be, made in the original plans and specifications. 2. Any sign, for which renewal fees have not been paid, and said remittance is delinquent for fourteen (14) days or more is deemed to be an illegal sign, and said sign must be removed in accordance with the requirements of this ordinance. Sec. 12-202 Comprehensive Sign Program A. Signs for businesses located within Commercial and/or Industrial Districts, complexes or buildings designed for multiple occupancy shall be coordinated so that a consistent design theme is established and maintained. No sign permit shall be issued to any one (1) business until a coordinated sign program has been submitted and approved. Oro Valley Zoning Code Revised 12-8 (Rev. 10/02) B. In accordance with the provisions herein, signs allowed in a Commercial and Industrial District as part of a Comprehensive Sign Program, notwithstanding that such signs do not conform to all specific regulations applicable to signs allowed pursuant to this Chapter. 1. A Comprehensive Sign Program is an alternative to the general sign regulations intended to provide latitude in order to achieve variety and good design. 2. A Comprehensive Sign Program shall be in substantial compliance with the general intent of these regulations but exceptions to general sign regulations may include, but are not limited to, the number of signs, height, location, sign area and types of signs. C. Recommendations of the Planning and Zoning Administrator regarding review of a Comprehensive Sign Program shall be guided by the following: 1. Overall presentation of the entire development, including landscaping, topography, uses and design. 2. Area of signs, colors, height and overall use of proposed signage. 3. Any other applicable information that may be useful in the overall presentation of the proposed criteria for the development. D. Application for the Comprehensive Sign Program shall be submitted as prescribed by the Town, with the required fee(s). In addition, the applicant shall submit, in duplicate, the following documents: 1. A site plan to scale delineating the site proposed to be included within the Comprehensive Sign Program. 2. Drawings and/or sketches to scale, indicating the exterior surface design details (elevations)of the buildings upon the site. 3. Drawings to scale, indicating the size, materials, method and intensity of illumination, height and location of all signs proposed to be included in the criteria. 4. Color palette, including color samples or color chips for all proposed colors to be utilized for all signs. E. The Planning and Zoning Administrator or his/her designee shall, prior to the approval of a Comprehensive Sign Program by the Development Review Board, make the following findings in regards to the design of the signs to be maintained upon the site: 1. Architectural Style: The signs are designed with the intent and purpose to relate the signs to the architectural style of the buildings upon the site. 2. Relationship To Other Signs: Each sign is related to all other signs maintained on the site by the incorporation of similar or identical elements, such as materials, sign copy, letter style, color, illumination, method of attachment and overall presentation of sign. F. The Planning and Zoning Administrator or his/her designee, may recommend appropriate and reasonable conditions to any approval of the Comprehensive Sign Program. They include, but are not limited to: Oro Valley Zoning Code Revised 12-9 (Rev. 10/02) 1. Alteration of sign configurations. 2. Reduction of the number of signs proposed. 3. Reduction of sign areas and height. 4. Color modifications. G. The recommendation of conditions by the Planning and Zoning Administrator and/or his/her designee, will then be presented to the Development Review Board for approval, conditional approval or denial. Sec. 12-203 Revocation of Permit A. The Planning and Zoning Administrator may, in writing, suspend or revoke a permit issued under provisions of this section whenever the permit is issued on the basis of a material omission or misstatement of fact, or in viollation of this ordinance or the Oro Valley Town Code. B. When the Planning and Zoning Administrator has suspended or revoke a permit, the holder of the permit may appeal the decision or the Planning and Zoning Administrator to the Board of Adjustment. The appeal must be filed within thirty(30) days of the date that the notice was served. Hearing on said appeal shall occur in accordance with Sec. 1-706 of the Oro Valley Zoning Code. C. If no appeal has been filed by the end of the thirty (;30) day appeal period, then the permit is revoked and the sign becomes illegal. If the owner fails to remove the sign, the Planning and Zoning Administrator may initiate the issuance of a civil citation to the holder of the permit. Sec. 12-204 Abandoned, Illegal, Prohibited or Inadequately Maintained Signs A. If an abandoned, illegal, prohibited, or inadequately maintained sign is located within the Town, the Planning and Zoning Administrator shall be empowered to authorize the Senior Zoning Inspector to issue a citation. The Planning and Zoning Administrator may also require removal or repair of the sign and shall advise the owner of said sign, or as an alternative, the owner of the property where said sign has been posted, to correct whatever violation or inadequacy he/she deems to exist. All actual costs and expenses of any such removal or repair shall be borne by the property owner of such sign. B. Determination of removal or discontinuance shall follow the requirements set forth under Section 12-104 B4. Sec. 12-205 Emergency Removal and/or Repair A. The Planning and Zoning Administrator is authorized to cause the immediate removal or repair of any sign or signs found to be unsafe or defective to the extent that it creates an immediate and emergency hazard to persons or property. The Planning and Zoning Administrator shall make reasonable effort to notify the property owner and/or lessee that the unsafe or defective sign must be removed or repaired immediately. The Planning and Zoning Administrator may cause any sign or advertising structure which is an immediate peril to persons or property to be removed summarily after attempt to reach the owner of the sign and the owner of the property, and without notice if the peril does not allow time for telephone notice. B. All actual costs and expenses of any sign removal or repair shall be borne by the owner of such sign and by the owner of the premises on which the sign is located. Each of them shall be jointly and severally liable thereof, and an action for recovery thereof may be Oro Valley Zoning Code Revised 12-10 (Rev. 10/02) brought by the Town upon proper documentation of such cost and/or expenses by the Planning and Zoning Administrator. The Planning and Zoning Administrator shall provide written notification of the property owner, prior to the Town placing a lien on the property with the County Assessor's Office. Sec. 12-206 Jurisdiction of the Town Magistrate Except as otherwise provided by law, the Town of Oro Valley Magistrate, shall have exclusive jurisdiction over all proceedings to enforce the provisions of this Chapter. Sec. 12-207 Severability Should any portion or provision of this Chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Chapter. Sec. 12-208 PAD Sign Guidelines In the event that a Commercial, Industrial, Residential and/or Subdivision should fall under a Zoning of a Planned Area Development(PAD), then the rules and regulations of that PAD shall apply. The following is a list of Planned Area Developments that may or may not regulate signage: El Conquistador Villages of La Canada Church of Latter Day Saints La Reserve Rancho Vistoso Rooney Ranch Melcor Vista Del Oro Mastro Catalina Shadows Monterra Hills Steam Pump Ranch In the event that there does not exist any regulations that govern signs in any of the above or future PAD Code Regulations, then the rules and regulations of this Chapter shall apply. Sec. 12-209 PAD Exemption In the event that a Planned Area Development District (PAD) has established its own sign Requirements, the owner/residents of lands within identified planning areas of the PAD, as determined by the Planning and Zoning Administrator, may elect to operate under all or a portion of Chapter 12, Sign Requirements, in accordance with the following procedures set forth below: A. A letter requesting exemption from the PAD Sign Regulations must be submitted by the property owner within the planning area of the PAD. The letter shall be accompanied by a list of all Homeowners/Master Associations within the subject planning area. Upon review by the Administrator, the request shall be scheduled for public hearing before the Development Review Board for their recommendation. B. Not less than thirty(30) days prior to the Development Review Board hearing, Town staff shall verify the list of Associations for accuracy and completeness and shall,. By first class mail, notify them of the Development Review Board hearing date. C. The Development Review Board shall consider the applicants request for exemption from the PAD Sign Regulations and shall render its decision. A favorable motion shall have the effect of applying rules and regulations set forth in this Chapter 12, Sign Regulations to Oro Valley Zoning Code Revised 12-11 (Rev. 10/02) the applicants particular project area which may include the entire PAD or a portion thereof as contained in the application. D. The Development Review Board, upon rendering a decision, could recommend that the request be forwarded for final decision by the Town Council if deemed necessary or that unusual circumstances exist that might warrant further review and final approvals. Sec. 12-210 Variances The Board of Adjustment shall review any request for a variance to the standards contained in the Oro Valley Zoning Code Revised in accordance with Article 1-7. The Development Review Board shall review any request for Comprehensive Sign Programs and any request for PAD Exemptions. ARTICLE 12-3 REQUIREMENTS Sec.12-301 Construction A. Building Code All signs shall be designed and constructed in conformity with the current Building Codes of the Town of Oro Valley. B. Electrical Code All signs requiring an electrical permit per Sec. 12-201 shall be in conformance with the current National Electrical Code adopted by the Town of Oro Valley. C. Permanent Sign Materials All permanent signs shall be constructed using structural members of materials subject to approval of the Building Official and/or Town Engineer. Non-structural trim may be wood, metal, aluminum, approved plastics, lexan and or a combination thereof. D. Temporary Sign Materials Materials proposed to be used in constructing Temporary signs shall be at the discretion of the fabricator but shall be stated in the application for the sign permit unless otherwise provided in this code. Adequacy of materials proposed from the standpoints of stability and safety and of composition and color shall be subject to approval by the Planning and Zoning Administrator, Building Official and/or his/her designee. Sec. 12-302 Illumination A. Illumination of signs may be accomplished only by the following methods: 1. Halo Illumination, white neon only, unless otherwise approved by the Planning and Zoning Administrator or the Development Review Board. 2. Area lighting, provided such lighting is in accordance with the Town of Oro Valley Lighting Code. 3. Internal illumination to the extent that only the sign characters and logos emit light. Oro Valley Zoning Code Revised 12-12 (Rev. 10/02) 4. An illuminated wall sign shall be turned off no later than one (1) hour after the closing of a business. 5. An illuminated sign placed on the interior of a business, which is visible from the outside, cannot be illuminated when the business is closed. B. Prohibited Lighting The following types of light sources are prohibited as means to illuminate or attract attention to any sign: 1. Exposed neon and/or neon type tubing except for"open" and/or"closed" signs. 2. Internal lighting other than that expressly permitted in Sec. 12-302 A. 3. Blinking, flashing, rotating and animated light sources. 4. Search lights. Sec. 12-303 Colors A. Various sign colors shall be permitted, except fluorescent or iridescent colors. B. All developments, including those within a Planned Area Development (PAD)that have an established sign criteria approved by the Development Review Board, shall be required to utilize only those colors that were approved by the DRB. C. Consistency of type face, illumination and color is preferred unless an established sign criteria has been approved, then all requirements of that criteria must be utilized. Sec. 12-304 Location and Measurement Standards A. The following shall apply for the location standards of a sign: 1. No sign shall be installed so as to obstruct any door, window or fire escape of any building. 2. No sign shall be erected in such a way as: a)to interfere with or to confuse traffic, b)to present any traffic hazard, c)to obstruct the vision of motorists. 3. No sign shall be erected in a manner which projects over any public sidewalks, street, alley or public place unless otherwise approved by the Town Engineer and/or Planning and Zoning Administrator or is allowed by any portion of this Chapter. 4. No person shall place or maintain a sign in public right-of-way, except as permitted by Sections 12-104, Non-Conforming and Discontinued Signs, 12-502 (G), 12-503 (B), Kiosk Signs, and 12-602 (F), Real Estate Lease, Rent and For Sale Signs and 12-7, Political Signs. The Planning and Zoning Administrator may cause the removal of any unauthorized signs form public right-of-way. The provisions in Section 12-204, Abandoned, Illegal, Prohibited or Inadequately maintained Signs, shall apply to this section. Such sections may be impounded as evidence or disposed of as abandoned property. 5. No sign shall be installed so as to impede any view of, or be confused with any other sign. B. The sign area shall be measured in compliance with the following guidelines: Oro Valley Zoning Code Revised 12-13 (Rev. 10/02) 1. The area of a sign that consists of individual letters, words and symbols, which are placed upon a building wall of freestanding wall and are not encompassed by a frame or boundary, shall be measured by overall height of the tallest letter by over length of the entire sign. The Planning and Zoning Administrator, along with his/her designee, shall approve the calculation of signs by measuring the sum of the smallest rectangular shape needed to enclose each letter or symbol if special circumstances arise that would warrant the need to calculate differently. 2. A sign that consists of multiple faces such as a freestanding sign shall be measured to encompass the overall height by overall length of one (1)face. 3. The sign height shall be measured as the vertical distance from the average finished grade beneath the sign to the toprnost feature of the sign. If the sign is located where the average finished grade is lower than the adjoining grade of the road, the sign height may be taken from the top of the road, curb or crown of the road nearest the property to the topmost portion of the sign. 4. Clearance is measured as the shortest distance between the underside of the sign and the average finished grade beneath the sign. 5. Setbacks for freestanding signs shall be measured from the edge of the sign structure closet to the property line. Sec.12-305 Inspections and Maintenance A. Inspections The Building Codes Administrator, Planning and Zoning Administrator, and/or Town Engineer, or any such person officially designated by them, is hereby empowered to perform inspections, as deemed appropriate, to assure the public health, safety and welfare. Signs, which have fallen into disrepair, including partially lit signs or are otherwise unsightly, are subject to inspection. Repair or removal may be required, pursuant to Section 12-205, Emergency Removal or Repair. B. Maintenance Each sign shall be maintained in a new or like new condition at all times so as not to constitute a danger or hazard to public safety or become an eyesore to the community. Sec. 12-306 Landscaping A. The base for all permanent freestanding signs shall be integrated into a landscape buffer area. B. The landscaped area shall conform to the Town's landscape requirements and shall be maintained at all times. C. The landscape design shall not permit plants that would obstruct the visibility of the sign face from the street. Oro Valley Zoning Code Revised 12-14 (Rev. 10/02) ARTICLE 12-4 DEFINITIONS AND SIGN TYPES 1. Abandoned Sign: A sign which advertises, identifies or gives notice of a business which is no longer in operation or an activity which has already occurred. 2. Advertising: A sign primarily listing products sold or services offered, or products manufactured on the premises. 3. Animation: The movement or optical illusion of movement of any part of a sign structure, design or pictorial segment, including the movement of any illumination, flashing or varying of light intensity. The automatic changing of all or part of the facing of the sign. The movement of a sign set in motion by the atmosphere. 4. Awning Sign: Refer to Article 12-5, Sec. 12-502 A. 5. Balloon Sign: An airtight bag filled with helium, gas, hot air or the like, causing it to rise, that is anchored to a building or structure with ropes, wires and/or string to attract attention to the public. 6. Banner: Refer to Article 12-6, Sec.12-601 A. 7. Billboards: An off-site sign that is pasted, painted or fastened on in a manner to allow for periodic replacement of messages that is not located on the property where the billboard is located. 8. Building Frontage: The measurement between two (2) straight lines projecting from the outermost edges of a building or tenant space wall, that are perpendicular to a straight line running along the ground level of the front of the measured wall. 9. Cabinet Sign: A three dimensional structure which includes a frame, borders and sign panel face and may include internal illumination upon which the sign logos are placed or etched, and is architecturally integrated with the building. 10. Change of Copy: A replacement face(s) or material to an existing sign without changing any structural members, sizes and/or heights. 11. Changeable Copy Sign: Refer to Article 12-5, Sec. 12-502 B. 12. Character: Any letter, number, logo and/or symbol as defined in this section. 13. Construction Sign: Refer to Article 12-6, Sec. 12-601 B. 14. Development Complex: A site, having common vehicular access points, which is subject to a development plan. 15. Development Sign: Refer to Article 12-6, Sec. 12-601 C. 16. Direct Lighting: A source of external illumination located a distance away from the sign which lights the sign, but which itself, is not visible from any normal position or view. 17. Directional Sign: Refer to Article 12-5, Sec. 12-502 C. 18. Directory Sign: Refer to Article 12-5, Sec. 12-502 D. Oro Valley Zoning Code Revised 12-15 (Rev. 10/02) 19. Double-Faced Sign: A sign having two (2) display surfaces, one (or more) support(s) of which is (are) shared by both surfaces. Hence, double-face signs include back-to-back signs as well as V-shaped signs. 20. Electronic Message Sign: A sign that permits the movement or frequent changing of messages by means of electronically controlled sign copy. 21. Entryway Sign: Refer to Article 12-5, Sec. 12-502 E, 12-503 A. 22. Fascia: A parapet-type wall used as part of the façade of a flat-roofed building and projecting from the building face immediately adjacent thereto. Such a wall shall enclose at least 3 sides of the projecting flat roof. 23. Flag: Refer to Article 12-6, Sec 12-601 D. 24. Freestanding: Shall mean any structure, which is not attached to any other structure or portion of a structure. 25. Freestanding Sign: Refer to Article 12-5, Sec. 12-502 F. 26. Garage Sale Sign: An on-site or off-site, temporary sign, made from paper, poster board, cardboard, or like material. 27. Government Sign: A sign installed or required by a public agency such as traffic, public, transit, public information or the like. 28. Grade: Shall mean the elevation of the ground surface, paving or sidewalk. 29. Grand Opening Sign: A on-site sign, advertising the opening of an establishment, expansion or change of ownership of a commercial enterprise, new business, store or office. 30. Ground or Monument Sign: Refer to Article 12-5, Sec. 12-502 I. 31. Halo Illumination: Illumination produced by recessing a light source inside a hollow character with an open back or within the surface to which the sign letters are mounted. An outline glow around the characters is created by this light reflecting off the background to which the characters are attached. 32. Historical Marker: A sign marker locating and identifying a historical interest or site. 33. Home Occupation Sign: A sign that identifies a business or commercial activity that is conducted from the property zoned for residential use. 34. Identification Sign: An on-site, permanent sign, which identifies the premise where the sign is located. 35. Illuminated Sign: A sign , whose surface is lit internally or externally. 36. Indirect Lighting: A source of external illumination located a distance away from the sign, but which is itself not visible from any normal position. 37. Internal Illumination: A source of illumination entirely within the sign wherein the source of the illumination is not visible. 38. Kiosk Sign: A structure of one or two sides.All surfaces of the sign and all the lettering shall be in colors approved by the Town Council, with the exception of Oro Valley Zoning Code Revised 12-16 (Rev. 10/02) the seal of the Town, which shall be on the"header"and will be painted in the appropriate colors. Lettering styles may be in accordance with the logo of the identified project. Each sign may contain the following information: Name of Development, Developer logo and/or directional arrow. 39. Logo: A graphic symbol representing a business. Logo's shall be registered trademarks. 40. Maintenance: The replacing or repairing of a part of a sign made usable, unsafe, or unattractive by ordinary wear, tear or damage beyond the control of the owner, or the repainting of an existing sign without changing the wording, location, composition or color of said sign. 41. Marque Sign: Any sign affixed to or constructed in a roof like structure or awning projecting over an entrance to a building such as a theater. 42. Memorial Sign: A permanent sign, table or plaque memorializing a person, event, structure or site. 43. Menu-Board: Refer to Article 12-5, Sec. 12-502 H. 44. Model Home Flags: Refer to Article 12-6, Sec. 12-602 D. 45. Modifier: A word describing uses and activities other than the business name. 46. Moving or Animated Signs: Any sign or part of a sign which changes physical position, flashes, blinks lights, rotates or conveys the illusion of movement by mechanical means, illumination and/or air movement 47. Neon Sign: An illuminated, commercial display made up of glass tubes, shaped to form letters and designs. 48. Non-Conforming Sign: Any sign which does not conform to the provisions of this code but which, when first constructed, was legally allowed by the Town of Oro Valley or political subdivision then having control over signs. 49. Obsolete: That which is no longer used. 50. Off-Site Sign: Any sign not located on the premises or site of the use identified or advertised by the sign. 51. On-Site Sign:Any sign, which is located on the premise or site of the use identified or advertised by the sign. 52. On-Site Subdivision Sign: An on-site, temporary sign, located at the entrance to a subdivision. 53. Open House: A dwelling or office space to which the public is invited for walk-in inspections. 54. Pan-Channel Letter: A dimensional character fabricated to form a pan, i.e. a back and sides. The pan is formed in the shape of a character. The sides are strips of the same material fastened to the back. The open end of the pan is usually capped by a character cut from translucent acrylic, and is known as the face. Neon or low voltage lights are then installed inside the pan to illuminate the face. 55. Parapet: The top portion of the wall which extends above the roofline. Oro Valley Zoning Code Revised 12-17 (Rev. 10/02) 56. Pennants: Any lightweight plastic, fabric or other material, containing multi-colors and whether or not containing a message of any kind, suspended from a rope, wires or string, designed to move in the wind. 57. Permanent Sign: Any display of letters, numerals, symbols and/or insignia that is intended to be displayed for an indefinite or long-lasting period and the lettering or message of which is intended to remain essentially unchanged except for the maintenance against normal effects of exposure to weather. 58. Pole Cover: Covers made from various materials which enclose or conceal a pole or other structural supports or members to the sign. 59. Political Election Sign: A sign not permanently installed in the ground or attached to a building relating to the election of a person to a public office, or relating to a public party, or relating to a matter to be voted upon at an election called by a public body. 60. Portable Sign: Any sign not permanently al:tached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be moved by means of wheels; signs converted into A-Frames; menu and sandwich board signs; balloons used as signs; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicles is used in normal day to day operations of the business. 61. Posters: A large printed display or picture often posted in a public place as a notice or advertisement. 62. Premises: All contiguous land used and occupied by an establishment, whether owned or leased from another. Included are all buildings, storage and service areas, and private roads or driveways which are an integral part of the establishment. 63. Prohibited Use: Shall mean a use not specifically permitted. 64. Public Service Sign: A sign which provides directions to a public or quasi-public location such as Community Centers, Schools, Town Facilities and Churches. 65. Projecting Sign: An on-site sign attached to and extending more than twelve (12) inches from a structure not designed exclusively for the support of the sign and/or a sign which projects from the wall of a building or structure perpendicular to the wall surface. 66. Real Estate Sign: A sign pertaining to the sale, rent or lease of the premise, or portion of the premise on which the sign is located. 67. Residential Sign: A sign on which is displayed the name and address of the occupant. 68. Reverse Channel Letter:A sign with dimensional character(s)fabricated from opaque material to form a pan, i.e. a front and sides. The pan is formed in the shape of a character. The sides are strips of material fastened to the front. The back remains open. Neon or low voltage lights may be installed inside the character which creates a halo illumination. 69. Roofline: The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette. Oro Valley Zoning Code Revised 12-18 (Rev. 10/02) 70. Roof Sign: A sign that is mounted on, above or over the roof of a building, so that is projects above the highest point of the roofline, parapet or fascia of the building. 71. Seasonal Sign: Refer to Article 12-6, Sec. 12-601 F. 72. Service Station/Fuel Sign: Refer to Article 12-5, Sec. 12-502 J. 73. Setback: The shortest straight line distance in feet from the nearest property or lot boundary to the main accessory building, structure, sign or the like, located on the same property or lot. 74. Sign: Every message, announcement, declaration, display, illustration, insignia, character, surface or space erected, maintained or attached to any structure, surface or thing and made visible for the purpose of attracting attention or to make anything known to the public. 75. Sign Area Allotment: The permitted amount of identification sign area on ratio to the linear footage of building frontage. 76. Sign Modification: Any change to an existing sign's copy, color and/or supporting structures. 77. Sign Structure: A freestanding wall, pole, pedestal or object erected for the purpose of supporting the sign. 78. Site Plan: A plan drawing of an individual site including the layout of buildings, circulation system, parking,walls, landscaping, open space and any other appropriate information as required by the Town of Oro Valley to provide adequate review. 79. Special Event Sign: Refer to Article 12-6, Sec. 12-601 G. 80. Subcontractor Sign: A temporary sign which identifies the firm, business, persons or entity responsible for work or activity in progress at the location of the sign. 81. Symbol: A letter, figure or other conventional mark designating an object, quantity, operation, function or the like. 82. Temporary Sign: Any display in public view to advertise or convey information or direction which is intended to be displayed for a limited or finite period of time only. The type, quality and materials of construction of which, although visually attractive and structurally sound, are not intended to be long-lasting. 83. Tenant Directory: Refer to Article 12-5, Sec. 12-502 K. 84. Theater Sign: Refer to Article 12-5, Sec. 12-502 L. 85. Time and Temperature Sign: Refer to Article 12-5, Sec. 12-502 M. 86. Traffic Sign: An on-site sign or off-site sign whose sole purpose and placement are solely to define and streamline the flow of vehicular traffic so as to minimize congestion and promote safety. 87. Under Canopy Sign: Refer to Article 12.5, Sec. 12-502 N. 88. Unoccupied: A premises or structure which is not occupied or being put to those uses as authorized by the last business privilege license issued by the Town for Oro Valley Zoning Code Revised 12-19 (Rev. 10/02) that address and business or a premises or structure where the public utilities are not in service. 89. Vehicle Sign: A sign mounted, painted or erected upon trucks, cars, boats, trailers or other motorized vehicles or equipment and is parked for the primary purpose of functioning as a sign. 90. Wall: Any structure or device required or allowed by the code forming a physical barrier which is so constructed that 50% or more of the vertical surface is closed and prevents the passage of light, air and vision through said surface in the horizontal plane. This shall include concrel:e, concrete block, wood or other materials that are solid and are so assembled as to form a screen.Where a solid wall is specified, 100% of the vertical surface shall be closed except for approved gates or other access ways. Where a masonry wall is specified, said wall shall be concrete block, brick, stone, or other similar material and 100% of the vertical surface shall be closed except for the approved gates and access ways. 91. Wall Sign: Refer to Article 12-5, Sec. 12-502 O. 92. Window Sign: Refer to Article 12-5, Sec. 120502 P. ARTICLE 12-5 PERMANENT SIGNS Sec. 12-501 Identification Signs A. The following sign shall be required for the purpose of identification: 1. Residential address (maximum two (2) square feet) 2. Building address for multi-building development (Refer to the current Pima County Addressing Code Regulations) 3. Names of streets, drives, circles, complexes, condominiums, etc. Sec. 12-502 Permitted Signs in a Commercial/Industrial District The following permanent sign types shall be allowed within a Commercial and/or Industrial District. A. Awning Sign: 1. Description: A sign, which is placed on, or integrated into, fabric or other material canopies, which is mounted on the exterior wall of a building. Sign copy affixed to an awning may only display the name of the business and/or address. 2. Quantity: One (1) awning allowed per business. 3. Area of Sign Copy: Twenty (20) square feet maximum. 4. Height: Not to exceed above the roofline of a building. 5. Illumination: Internal illumination, fluorescent lamps, provided only the copy emits light. The background material shall be opaque. An awning sign must be turned off one (1) hour after closing of business. Oro Valley Zoning Code Revised 12-20 (Rev. 10/02) B. Changeable Copy Sign: 1. Description: A sign or portion thereof with characters, letters or illustrations that can be changed or re-arranged without altering the face or surface of the sign. Changeable copy signs are limited to and/or restricted to Theater, Service Station/Fuel Signs, Schools and Churches. Such signs shall be integrated into freestanding and/or wall mounted type signs and may be illuminated. Changeable copy may not be changed electronically, except for those specifically called out under this ordinance. 2. Quantity: One (1) allowed as part of a freestanding or wall sign. 3. Area of Sign: To be included as a component of a freestanding or wall sign. C. Directional Sign: 1. Description: A permanent freestanding, on-site sign that is placed solely to define location and streamline the flow of vehicular and/or pedestrian traffic so as to minimize congestion and promote safety. A directional sign can only display one of the following: "exit", "enter", "name of the business and/or logo", address and/or suite #", along with an arrow directing traffic. 2. Quantity: One (1) single or double faced directional sign per individual, freestanding, business that is not part of a Comprehensive Sign Program. Businesses that have drive-thru lanes shall be allowed one (1) additional directional sign. 3. Area of Sign: Six (6) square feet. 4. Height: Not to exceed three (3)feet. 5. Location: To be located at an access point to the property and/or interior to the property of the business. 6. Setback: A zero (0)foot setback from property line unless otherwise required. 7. Illumination: Internal illumination allowed provided that the sign is turned off one (1) hour after the business has closed. D. Directory Sign: 1. Description: An on-site, freestanding sign, interior to a Development, that lists only names and locations of the businesses or activities within a building or multi- tenant complex.A directory sign shall help to direct vehicular and/or pedestrian traffic. 2. Quantity: Shall be determined and reviewed by the Town. Applicant shall follow the guidelines set forth under a Comprehensive Sign Program. (Sec.12-202) 3. Area of Sign: Not to exceed forty(40) square feet. Each business displayed on the sign shall not exceed two (2)square feet. 4. Height: Not to exceed eight (8)feet from grade. 5. Location: Interior to the property or development, such as the parking area. 6. Setback: Minimum forty (40)feet from the property line. Oro Valley Zoning Code Revised 12-21 (Rev. 10/02) 7. Illumination: Internal illumination allowed provided that the sign is turned off at 11:00pm. E. Entryway Sign: 1. Description: A permanent sign identifying the entrance to a subdivision, complex, facility, or commercial development. 2. Quantity: One (1) per entry wall per street frontage. If the linear dimension of the project exceeds 600 feet and there is more than one (1) entry point along that frontage, a second entryway sign may be permitted on that frontage, not to exceed a total of three (3) signs for any one project. 3. Area of Sign: thirty-two (32) square feet. 4. Height: Not to exceed the height of the entryway wall in which the sign is placed. 5. Location: At the main entrance in a landscaped area setting, either on the ground or in raised planters, which extends a minimum of three (3)feet from all sides of the sign visible from the street. 6. Setback: A zero (0)foot setback from property line unless otherwise required. 7. Illumination: Halo illuminated letters, (white neon or amber LED) or direct lighting that shall not project above the wall. F. Freestanding Sign: 1. Description: A permanent, freestanding style sign, supported by structures, supports, columns, uprights, and/or braces, that are placed on, or anchored in the ground and is independent of the building or business. The sign may be single or doubled-faced. The sign may contain the name of the development and a maximum of six (6) anchor tenants, along with the address of the property. No individual tenant may be displayed on more than one (1)freestanding sign per street frontage. A theater, service station/fuel, church or school sign may display their name and/or logo along with changeable copy panels. 2. Quantity: One (1) per entrance to a development. If the linear frontage of the development exceeds 600 feet and there is more than one (1) entrance to the development, a second freestanding sign shall be allowed on that frontage, not to exceed a total of three (3)signs for any one development. 3. Area of Sign: Fifty(50) square feet. 4. Height: Not to exceed eight (8)feet from grade. 5. Location: To be placed at the entrance to a development or individual property. 6. Setback: A zero (0)foot setback from property line unless otherwise required. 7. Illumination: Individual letters to be halo illuminated, (white neon or amber LED). Individual panels are to be opaque with routed copy in which the copy may be lit internally or a combination thereof. The sign shall be turned off not later than 11:00 pm. Oro Valley Zoning Code Revised 12-22 (Rev. 10/02) G. Kiosk Identification Signs: (this section is currently being reviewed and re- written by the Town of Oro Valley's Legal Dept) All kiosk signs shall be governed by the following sign program: 1. Program Coordinator: The Town shall contract with an independent contractor who will coordinate an off-site subdivision tract and apartment sign program within the Town limits. The contractor shall be responsible for the manufacture of all kiosks and tract signs. All signs shall be built in accordance with the contract, specifications of the International Building Code and specifications of the Town's Building Safety Division. 2. Quantity: Each kiosk sign shall contain no more than six (6) sign panels, and no less than three (3) sign panels, including public service signs, in addition there may be an additional sign which reads "Model Homes". In case where a kiosk has panels indicating the location of the Town facilities, those panels shall be located above the"Model Homes" panel. The letter and color of the"Model Homes" panel may be different, but must be complimentary and compatible to the adopted colors. The contractor shall provide off-site signs, in an approved kiosk, to any sub-divider, tract developer or apartment owner who requests such signs, consistent with Town approval of the appropriate kiosks. 3 Area of Sign: Each sign panel shall not exceed a maximum of eight (8) inches by four(4)feet in length. 4. Height and Width: Each kiosk shall not exceed a maximum height of eight (8) feet and five (5)feet in width. 5. Location: Off-site subdivision tract or apartment signs shall be permitted in any zone in the Town, provided that they are located an Arterial or Collector Street. 6. Form: Kiosks shall mean a structure constructed of four (4) inch by(6) inch posts, or similar structure upon which off-site subdivision, tract or apartment signs may be mounted. The"Header"of the kiosk shall be painted with the words, "Town of Oro Valley". 7. Removals: Any kiosk containing less than three (3) signs, for a period of 90 days, shall be removed by the contractor. 8. Public Service Signs: The contractor shall place Town public service signs on the kiosk, provided the kiosk has five (5) or fewer off-site signs, at no cost to the Town. No kiosk shall be required to be removed if it contains Town public service signs. 9. Standards: Planning and Public Works staff shall review applications for the location of the kiosks pursuant to the kiosk identification program. Staff shall not approve kiosks unless the following standards are met: a. There are no more than four (4) kiosks in any one application. b. An encroachment permit has been issued for any kiosk proposed in the public right-of-way. c. Any kiosk proposed on private property will have written approval from the property owner. d. Kiosks shall not obstruct the view of the traveling public. Oro Valley Zoning Code Revised 12-23 (Rev. 10/02) 10. The kiosk contractor may charge a reasonable fee for such service, as established by the Town Council. The contractor shall pay the Town a fee established by the Town Council for each approved kiosk. 11. All liabilities, costs and expenses arising out of the siting, installation, and construction of kiosks, and out of administration of the provisions of this Section, other than enforcement expenses related to violations of this Section, shall be borne by the contractor and the Town shall have no liability therefore. H. Menu-Board: 1. Description: A sign that may be freestanding or wall mounted. A menu-board is for the purpose of placing orders and providing a list of bill of fare of a drive-thru or drive-in restaurant. 2. Quantity: One (1) per individual business. 3. Area of Sign: Thirty-two (32) square feet. 4. Height: Not to exceed six (6)feet. 5. Location: To be placed within a designated drive-thru lane so as not to be readable from a street or an adjacent property. 6. Setback: Must be on private property and shall not interfere with flow of traffic or obstruct the vision of a motorist. 7. Illumination: Shall be internally illuminated provided the menu-board is turned off no later than one (1) hour after business is closed. Monument/Ground Sign: 1. Description: A monolith-type, freestanding sign attached to a freestanding masonry wall or supported by structures, supports, columns, and/or braces that are concealed by a pole cover or masonry base. The sign may be single or double-faced and shall only consist of the name of the individual business, building or building complex, along with the address of the property. 2. Quantity: One(1) per individual property. 3. Area of Sign: Thirty-two (32) square feet. 4. Height: Not to exceed a maximum of six (6)feet. 5. Location: On private property where the business is located. 6. Setback: A zero (0)foot setback from property line unless otherwise required. 7. Illumination: Halo illumination, (white neon for amber LED only), internal illumination, (provided that only the characters emit light)or a combination thereof, provided that the sign is turned off one (1) hour after business is closed. J. Service Station/Fuel Sign: 1. Description: A permanent, two-component,freestanding sign, displaying the current fuel prices, fuel types, name of the station and/or any logo's. 2. Quantity: One (1) per street frontage. Oro Valley Zoning Code Revised 12-24 (Rev. 10/02) 3. Area of Sign: Thirty-two (32) square feet. 4. Height: Not to exceed six (6)feet from grade. 5. Location: On private property on an arterial or collector street only. 6. Setback: A zero (0)foot setback from property line unless otherwise required. 7. Illumination: Name of the business along with logo's, shall be internally illuminated. Current fuel prices and fuel types may be internally illuminated or may be electronically illuminated by means of LED, provided the light is low in intensity. Any constant movement, blinking, flashing or animation caused by an LED is prohibited. K. Tenant Directory: 1. Description: An exterior, wall mounted sign, that lists only the names and locations of those residing within a complex or development and its sole purpose is for pedestrian traffic only. The sign shall consist of a uniform background color and letter styles. 2. Quantity: Shall be determined and reviewed by the Town. Applicant shall follow the guidelines set forth under a Comprehensive Sign Program. (Sec. 12-202) 3. Area of Sign: The sign shall consist of a four(4)square foot panel for the name of the complex. Each business or resident within the complex shall be allowed a maximum two (2) square foot panel. 4. Height: Should be at eye level for pedestrian traffic and shall not exceed the roof- line of a building. 5. Location: Mounted to a wall at entrance points to the complex, pedestrian walkways and the like. 6. Illumination: Sign shall be non-illuminated. L. Theater Sign: 1. Description: A freestanding or wall sign with changeable copy panels, used to display the current movies and times that are playing within the theater. 2. Quantity: One (1)wall sign and (1)freestanding sign allowed. 3. Area of Sign: Fifty (50)square feet for a freestanding sign. Sixty-four (64) square feet for a wall sign. 4. Height: Eight (8)feet for a freestanding sign. A wall sign shall not extend above the roofline of a building. 5. Location: A freestanding sign shall be located on private property and a wall sign shall be displayed at the main entrance to the building. 6. Setback: A zero (0)foot setback from property line unless otherwise required. 7. Illumination: The sign may be internally illuminated or the copy may be electronically illuminated by means of an LED. The sign may only display the current listing of movies and their times. No other advertising message is Oro Valley Zoning Code Revised 12-25 (Rev. 10/02) allowed. Any constant movement, blinking, flashing or animation is strictly prohibited. The sign shall be turned off one (1) hour after closing of theater. M. Time and Temperature Sign: 1. Description: An electronically controlled sign providing the current time and temperature. 2. Quantity: One (1) per premise. 3. Area of Sign: A time and temperature sign may be a component of a freestanding sign. Wall signs shall not exceed twenty(20)square feet. 4. Height: Not to exceed the roofline of a building. 5. Location: Shall not be located within six hundred (600)feet of another time and temperature sign, not including a analog mounted on a wall. 6. Illumination: May be electronically controlled by means of an LED. N. Under Canopy Sign: 1. Description: A wall mounted or hanging sign which identifies the name of the business and/or logo. Under canopy signs shall be consistent in color and materials within a sign criteria approved by the Town of Oro Valley. An under canopy sign is to be located entirely under a covered porch, walkway, extended roof or the like and is solely used for pedestrian traffic only. 2. Quantity: One (1) per tenant space. 3. Area of Sign: Four(4) square feet. 4. Height: A minimum clearance of seven (7)feet shall be maintained beneath the sign and shall not extend above a roofline of the building. 5. Location: The sign shall be in front of the tenant space that it is identifying and shall be suspended from a roof overhang, above a walkway or porch or may be perpendicular to the street and attached to the fascia of the building. 6. Illumination: Shall be non-illuminated. O. Wall Sign: 1. Description: Any sign which is fastened, attached, connected or supported in whole or in part by a building or structure other than a sign structure which is supported wholly by the ground with the exposed face of the sign in a plane parallel to the plane of the wall. A wall sign may consist of individual character letters (pan channel or reverse channel). Individual logos may consist of cabinets with a translucent type face.Wall signs may include the name of the business, a trademarked logo and modifiers, if needed to further clarify the goods or services available on the premise. 2. Quantity: No more than two (2) elevations may contain a wall sign. 3. Area of Sign: For building elevations containing wall signs, a sign may be twenty- four (24) square feet by right, with no single wall sign containing more than one (1) square foot of sign for each linear foot of building frontage, not to exceed a maximum sign area of 150 square feet. Wall signs for building elevations further Oro Valley Zoning Code Revised 12-26 (Rev. 10/02) than 300 feet from the street, may contain no more than 1.5 square feet of sign area for each linear foot of frontage, not to exceed a maximum sign area of 200 square feet. Where businesses do not possess individual frontages, each may maintain an individual sign; however, the maximum wall sign square footage shall not be exceeded. 4. Height: No wall sign shall extend above the roofline of a building. 5. Location: Shall only be placed on the building elevations or at the main entrance of a business, which the sign identifies, and may not project more than eight(8) inches from the wall on which the sign is mounted. 6. Illumination: May be non-illuminated, halo illuminated (white neon or amber LED) or internally illuminated for cabinet type signs. The sign shall be turned off one (1) hour after the closing of the business. P. Window Signs: 1. Description: Any form of advertisement and/or identification associated with the business that is affixed to the interior or exterior of a window, or one that is placed immediately behind a window so as to inform or attract attention to the public outside of the building and/or tenant space.Window signs shall be divided into three (3)types of signs: a. Business Name/Hours of Operations: Signs shall identify the name of the business along with hours in which the business is open and/or closed for operation. b. Sign Band:A thin band which stretches the overall length of the windows of a building front and/or tenant space and displays either the name of the business or logo in multiple succession. c. Display Area: Shall be defined as an area for the purpose of displaying miscellaneous items such as posters, menus, promotional items or the like which pertain to the business itself, in a defined location. Note: Window displays such as mannequins, three (3) dimensional figures, clothing and the like, which do not contain advertisement, shall not be considered a window type sign as described above. 2. Quantity: A maximum of one (1) sign type each for any one (1) business and/or tenant space. For businesses that are corner tenants or individual properties having two (2)street frontages, the same shall apply on both sides. Businesses and/or tenants who have a building front in excess of forty(40)feet shall be allowed one (1)additional "Display Area". 3. Area of Sign: Each sign type shall be allowed the following: a. "Business name/Hours of Operation" shall not exceed a maximum of three (3) square feet. b. A"Sign Band" shall not exceed a maximum of six (6) inches in height by the overall length of the building frontage and/or tenant space. c. A"Display Area"shall not exceed a maximum of six (6)square feet. Oro Valley Zoning Code Revised 12-27 (Rev. 10/02) 4. Height: The"Sign Band" shall be placed no higher than half the distance of the overall height of the windows from grade. No height restrictions apply for the other available sign types. 5. Location: All sign types shall be subject to the following locations: a. The "Business Name/Hours of Operation" shall be located on the entrance door to the establishment. If an entrance door cannot be utilized, then the sign may be local:ed within another area that will not interfere with any other sign types, under this provision. b. The"Sign Band' shall be located across all windows, the full length of the building frontage and/or tenant space. c. The"Display Area" shall be located on the first immediate window to the right of left of the entrance door. For tenants having a corner space, the "Display Area"shall be located so as to not interfere with visibility pertaining to safety issues or interfere with any other sign types under this provision. 6. Illumination: All window signs shall contain no illumination except for an open/closed sign. 7. Additional Requirements: All window signs shall utilize colors that are compatible with the character of the land and/or architecture. Fluorescent or iridescent colors shall not be allowed. Permits are required for all window signs. Business Name/ Hours of Operation and open/closed signs shall be exempt from obtaining a permit. No additional permits will be required to continually change the"Display Area"so long as, the location of the original permitted area did not change. Any off-site advertisement displayed in a window is strictly prohibited unless otherwise specified in this ordinance. Sec. 12-503 Permitted Signs for Residential/Subdivisions The following permanent signs shall be allowed within a Residential District. A. Entryway Signs: 1. Refer to Section 12-502 E. B. Kiosk Signs: (under review by the Legal Department) 1. Refer to Section 12-502 G. ARTICLE 12-6 TEMPORARY SIGNS Sec.12-601 Permitted Signs in a Commercial/Industrial District The following temporary sign types shall be allowed within a Commercial and/or Industrial District. Oro Valley Zoning Code Revised 12-28 (Rev. 10/02) A. Banner: 1. Description: Any sign of lightweight fabric or similar material that is temporarily mounted to a pole or building. A banner may be utilized for the purpose of"grand opening", "coming soon", or change of ownership to promote a new business. The words "grand opening" and/or"coming soon", along with other copy, shall be displayed on the banner, based on the event taking place. 2. Quantity: One (1) banner per street frontage, per business. No more than two (2) banners shall be issued to any one (1) business within one (1) calendar year. 3. Area of Sign: Maximum sixty-four(64) square feet. 4. Height: Not to exceed the roofline of a building. 5. Location: Must be installed on the site and/or tenant space in which the event is taking place. 6. Duration: Banners are good for a period of thirty(30) days. One (1) extension for an additional thirty(30) days may be granted by the Planning and Zoning Administrator, due to extenuating circumstances. A written request must be submitted prior to the first thirty(30) days expiring. No more than one (1) extension may be granted in a calendar year. 7. Additional Requirements: A banner must be removed immediately after thirty(30) days or it must be removed if permanent signage has been installed prior to the expiration on a"coming soon" banner. A banner shall be securely anchored to the wall of the business. No banner is allowed to be hung from any freestanding sign structure, utility pole or the like. B. Construction Sign: 1. Description: A construction sign shall contain the name of the architects, engineers, contractors or similar artisans, as well as, the owners, financial supporters and similar individuals or firms that are associated with the project. 2. Quantity: One (1) per street frontage. No one (1) development may have a construction sign along with a Development Sign. 3. Area of Sign: Maximum thirty-two (32)square feet. 4. Height: Not to exceed eight (8)feet from grade. 5. Location: On the property that is being developed. 6. Setback: A zero (0)foot setback from property line unless otherwise required. 7. Removal: All signs must be removed upon the completion of 95% of the development. C. Development Sign: 1. Description: A development sign shall identify the name of the Development in progress or one in prospect. The sign shall contain the name of the Development along with the words "Coming Soon" 2. Quantity: One (1) per street frontage. No one (1) development may have a development sign along with a construction sign. Oro Valley Zoning Code Revised 12-29 (Rev. 10/02) 3. Area of Sign: Maximum thirty-two (32) square feet. 4. Height: Not to exceed eight (8)feet. 5. Location: On the property that it is identifying. 6. Setback: A zero (0)foot setback from proper line unless otherwise required. 7. Removal: Sign must be removed when permanent signage has been installed on the site or when the project has been completed, whichever comes first. D. Flags: 1. Description: Any flag containing distinctive colors, patterns or symbols, used as a symbol of government, political or other entity. All National and State flags shall be allowed within a commercial and industrial district. 2. Quantity: One (1)flag pole per development and/or individual property. 3. Area of Flag: The length of the flag shall be no greater than 1/4th the height of the flag pole. 4. Height: No greater than 1.25 times the height of the nearest adjacent building. 5. Location: On private property. 6. Setback: to be located accordingly so that the flag does not overhang public right-of-way. 7. Additional Requirements: A permit for the flag pole shall be obtained through the Building Department and a site plan shall be submitted to the Zoning Department for review of location and setbacks. Any flags used for the purpose of advertising or attention to advertising, is strictly prohibi1ed unless otherwise specified by this ordinance. E. Real Estate, Lease, Rent and For Sale Signs: 1. Description: Any sign pertaining to the sale, rent or lease of the premise or portion of a premise. The sign may be freestanding or wall mounted, single and/or double-faced. 2. Quantity: One (1) sign per street frontage. 3. Area of Sign: Maximum sixteen (16)square feet. 4. Height: Not to exceed five (5)feet above grade. The height may be increased up to ten (10)feet by the Senior Zoning Inspector, if warranted. 5. Location: Upon the property that is being sold, rented or leased. 6. Setback: A zero (0)foot setback from property line unless otherwise required. 7. Removal: Must be removed within seven (7)days upon the sale, rent or lease of the property. Oro Valley Zoning Code Revised 12-30 (Rev. 10/02) F. Seasonal Signs: 1. Description: Seasonal signs may include decorations, holiday lights, garland or the like and are oriented toward a holiday type event. Holiday banners are allowed provided they are approved under a Special Use permit. Seasonal signs and decorations shall be displayed temporarily for traditionally accepted civic, patriotic or religious holidays. 2. Location: On private property and shall not be displayed in such a manner as to constitute a traffic hazard. 3. Removal: All decorations and/or signs must be removed ten (10) days after the subject holiday. 4. Additional Requirements: All signage related to the event must obtain a permit under this ordinance. Any other style decoration shall not be require a permit and shall be exempt. G. Special Event Signs: 1. Description: A special event sign shall be used to advertise a holiday sale and/or special event, including civic, public, religious, philanthropic or educational events. Such signs are permitted in any zone and are not to be used for Model Home Sales. 2. Quantity: One (1)freestanding sign per street frontage and/or one (1)wall sign. One(1) business is allowed to have a maximum of three (3) permits, per calendar year, with each permit not exceeding thirty(30) days. 3. Area of Sign: Maximum sixteen (16) square feet for a freestanding style sign. Maximum twenty-four (24)square feet for a wall sign. 4. Height: Not to exceed five (5)feet from grade for a freestanding sign. Wall signs shall not exceed the roofline of a building. 5. Location: On private property and located where the event is taking place and/or the merchandise is being sold. 6. Setback: A zero (0)foot setback from property line unless otherwise required. 7. Removal: Shall not exceed the event advertised by more than three (3)weeks, and all signs shall be removed within seven (7)working days after the event. Sec. 12-602 Permitted Signs in a Residential/Subdivision District The following temporary sign shall be allowed within a residential and/or subdivision district. A. Model Home Banners: 1. Description: Banners for a Model Home Complex shall be utilized for the sole purpose of a special sales event. 2. Quantity: One (1) banner per model home complex. The banner may be wall mounted or freestanding and shall be good for sixteen (16) days per calendar year. 3. Area of Banner: Maximum thirty-two (32) square feet. Oro Valley Zoning Code Revised 12-31 (Rev. 10/02) 4. Height: A banner attached to the model home complex shall not extend above the roofline. A freestanding banner shall not exceed five (5)feet from grade. 5. Location: Shall be on private property where the model home complex is located. 6. Setback: A zero (0)foot setback from property line for a freestanding style banner unless otherwise specified. 7. Removal: Placement or erection of the banner shall not precede the event advertised by more than one (1) day and all signs must be removed within one (1) day after the event. B. Model Home Complex, Custom Home Lot Sales Office Signs: The purpose of the Model Home Complex/Custom Home Lot Sales Office Signs is to provide specific guidelines for the size, number and location of on-site signs. Such signs shall identify and give direction to individual model home complexes or custom home lot sales offices. The following types of signs are permitted for Model Home Complexes or Custom Home Lot Sales Offices: a. On-Site Signs: 1. Description: Developer, Contractor and/or Sub-Contractor ID signs, subject to the standards of Section 12-602 A. Individual Model Units may have a single model identification sign and/or an informational sign may be provided for the model home complex or custom home lot sales office. A single parking lot directional sign may be included to direct people to available parking at, or near the model home/custom home sales office. 2. Quantity: One (1) identification sign for Model Home Units, One (1) informational sign for Model Home Complex/Custom Home lot Sales Office and one (1) parking lot directional sign. (signs may be freestanding, wall mounted or integrated into an awning type structure.) 3. Area of Signs: Individual Model units shall be four(4) square feet. Model Home Complex/Custom Home Lot Sales Office signs shall be sixteen (16) square feet and a parking lot directional sign shall not exceed a maximum of six (6)square feet. 4. Height: Individual Model Units not to exceed three (3)feet, Model Home Complex/Custom Home Lot Sales Office not to exceed five (5)feet and the parking directional sign not to exceed a maximum of three (3)feet from grade. 5. Location: Within the Model Home C:omplex/Custom Home Lot Sales Office and shall be located so as to not interfere with the flow of traffic or within a sight visibility triangle. The parking directional sign shall be located at the driveway entrance to the designated parking area. 6. Removal: All signs must be removed upon the completion of 95% of the development and/or subdivision. b. Minor Off-Site Signs: (interior and exterior) The Following off-sites signs are allowed interior to a subdivision: Oro Valley Zoning Code Revised 12-32 (Rev. 10/02) 1. Description: Signs which direct traffic to the Model Home Complex or Custom Home Lot Sales Office. 2. Quantity: The number of signs allowed is based on the number of intersections of change of direction on subdivision streets, as approved and deemed necessary by the Senior Zoning inspector. 3. Area of Sign: Maximum size allowed is 1.5 x 2.0 (3.0 square feet) 4. Height: Maximum allowable height shall not exceed 3.0 feet from grade. 5. Location: An interior, off-site sign shall be located along streets within the subdivision being developed. Such signs shall be located only at each intersection or each change of direction on subdivision streets and shall be located on private property with the written permission of the owner of that property. 6. Setback: A zero (0)foot setback from property line unless otherwise required. 7. Removal: All signs shall be removed upon the completion of 95% of the subdivision or development. C. Model Home Flags: 1. Description: Individual flags, attached to individual, freestanding poles that may be multi-colored and/or contain the corporate logo for a Model Home Complex Sales Office. 2. Quantity: A maximum of four (4) poles/flags are allowed. 3. Area of Flag: Not to exceed fifteen (15) square feet. 4. Height: The flag poles shall not exceed twenty(20)feet from grade. 5. Location: At the main drive of the parking lot to identify the vehicular entrance to the Model Home sales Office. 6. Setback: Minimum five (5) feet from the property line. 7. Additional Requirements: Flag poles shall obtain a permit from the building department and no flag is allowed to be illuminated. 8. Removal: All flags and flag poles must be removed within seven (7) days after the closing of the sales office or model home office. D. On-Site Subdivision Signs: 1. Description: The sign shall identify a development in progress, including the name of the development and/or subdivision, the name and phone number of the developer or agent, price range of units to be available and information essential to contacting the developer or agent. All agencies or firms desiring to be identified shall be displayed on the same sign, such as the developer, engineer, architects, or firms providing financing, principal contracting firms, residential type and number of units available. Oro Valley Zoning Code Revised 12-33 (Rev. 10/02) 2. Quantity: One (1)freestanding sign per subdivision. The Senior Zoning Inspector may approve a second on-site subdivision sign if deemed necessary. 3. Area of Sign: Maximum forty (40) square feet. 4. Height: Not to exceed a maximum of ten (10)feet from grade. The height may be increased to a maximum of twelve (12)feet should a wall or fence obstruct visibility of the sign. Such an increase will warrant a review by the Senior Zoning Inspector for compliance. 5. Location: Must be located at the intersection of an arterial roadway and subdivision street and on private property with the written permission from the owner of the premise. 6. Setback: A zero (0) foot setback from property line unless otherwise required. 7. Removal: Any sign that lists an individual developer, contractor and/or sub- contractor, must be removed upon completion of 95% of the subdivision or development. E. Real Estate, Lease, rent and For Sale Signs: (including off-premise open house directional signs for re-sale homes) On-Site Signs: 1. Description: Signs to advertise existing individual single family residences for sale, lease or rent. The sign may be a single or double-faced, freestanding sign. 2. Quantity: One (1)for each street frontage which abuts the property. 3. Area of Sign: Four(4) square feet. 4. Height: A maximum of five (5) feet from grade. The Planning and Zoning Administrator may approve heights up to ten (10) feet, if warranted. 5. Location: Only on the site of the dwelling offered for sale, lease or rent. 6. Setback: A zero (0)foot setback unless otherwise required. 7. Removal: Within seven (7) days upon the sale, lease or rent of the property. Off-Site Signs: 1, Description: Used only to advertise an open house event, for a re-sale home being offered for re-sale, lease or rent. The purpose and intent of the off-site signs, is to direct the public to the re-sale of individual homes, and shall not be applied to model homes. The signs may be freestanding, single or double-faced. 2. Quantity: Based on the number of each major change of direction. Different owners or realtors may place one (1)sign each at the same corner. 3. Area of Sign: A maximum of four(4) square feet. 4. Height: Not to exceed thirty(30) inches. Oro Valley Zoning Code Revised 12-34 (Rev. 10/02) 5. Location: Off-site, open house signs may be located at each major change of direction, on private property with the written permission of the owner of the premise. 6. Setback: Signs must be placed a minimum of one (1)foot from any private property line. 7. Removal: All signs are to be removed immediately after the open house event. ARTICLE 12-7 POLITICAL SIGNS Sec. 12-701 Permitted Temporary Political Signs All other provision of this Code, notwithstanding, temporary political signs, including political election signs, containing political speech are allowed under the same circumstances and in the same manner as other temporary signs as provided within this code. 1. Description: A sign not permanently installed in the ground or attached to a building relating to the election of a person to a public office, or relating to a public party, or relating to a matter to be voted upon at an election called by public body. 2. Quantity: One (1)single or double-faced sign per major arterial and/or collector street. 3. Area of Sign: The area of the sign shall not exceed a maximum of nine (9) square feet. 4. Height: Not to exceed a maximum of three (3)feet, six (6) inches from grade. 5. Location: Signs must be located on an arterial and/or collector street within a residential district and must be located on private property with the written permission of the owner of the premise. 6. Setback: A zero (0)foot setback from property line unless otherwise required, 7. Illumination: Signs shall be non-illuminated. 8. Removal: Signs shall be removed once the sign becomes obsolete. 9. Additional Requirements: All signs are required to have on file, with the Town of Oro Valley, a location map as to where the signs are to be placed along with a written approval letter(s)from the owner of the location(s)to which the sign is to be placed. No permit or fees are required to erect such signs. ARTICLE 12-8 PUBLIC AND QUASI-PUBLIC SIGNS Sec. 12-801 Permitted Temporary Signs 1. Description: Bulletin boards or announcement signs, along with special event type signs shall be allowed for churches, schools, community centers and any other public or institutional buildings within a commercial and/or residential Oro Valley Zoning Code Revised 12-35 (Rev. 10/02) district. Signs may be freestanding and/or wall mounted, made of paper, cardboard, plastic or fabric. All copy, color and design shall not adversely affect the order, amenity, or residential enjoyment of the neighborhood. 2. Quantity: Each institution is allowed one (1)wall sign and (1) bulletin board per street frontage. Each institution may also apply for one (1)wall and one (1) freestanding, special event sign per street frontage. 3. Area of Sign: A church wall sign shall not exceed thirty (30) square feet. A church bulletin board shall not exceed twenty-four (24)square feet. Other public institution signs shall be allowed a wall sign at thirty (30) square feet and a bulletin board at twenty-four (24)square feet. All institutions applying for a special event sign shall not exceed thirty (30) square feet. 4. Height: All wall signs shall not exceed the roofline of a building.All ground/freestanding signs shall not exceed eight (8)feet from grade. All special event signs shall not exceed a maximum height of six (6)feet from grade. 5. Location: All signs shall be placed on private property. Special event signs shall be located on the premise of the institution or organization having the event. 6. Setback: All signs may have a zero (0)fool; setback from property line unless otherwise specified. 7. Additional Requirements: Any sign may be single or double-faced. No sign shall be allowed to illuminate. All signs shall be soundly constructed and neat in appearance. Upon application for a special event sign, the applicant shall submit a statement and diagram noting the nature of the special event and shall indicate the location, size, copy and colors of the proposed sign. A permit for a special event sign shall be valid for no more than two (2)weeks. No more than three (3) permits shall be issued to any institution or organization in a calendar year. 8. Removal: Any signs announcing any temporary event shall be removed within one (1) day after the event is completed. ARTICLE 12-9 PROHIBITED SIGNS Sec. 12-901 Prohibited Permanent and Temporary Si ns The following permanent and temporary signs shall not be allowed on any property or public right- of-way and shall be deemed prohibited unless otherwise specified within this ordinance. A. Balloon Signs B. Billboards C. Electronic Message Centers D. Exposed Neon Sign E. Flashing Lights F. Garage Sale Signs G. Human Signs H. Marque Signs I. Moving/Animated Signs J. Obscene Sign K. Off-Site Sign L. Portable Sign M. Posters that advertise the business. N. Projecting Sign Oro Valley Zoning Code Revised 12-36 (Rev. 10/02) O. Roof Signs P. Search Lights Q. Signs attached to utility poles R. Vehicle Signs ARTICLE 12-10 EXEMPTED SIGNS Sec. 12-10-01 Code Limitations A. Nothing contained herein shall prevent the erection, construction and maintenance of the following: 1. Official traffic, street identification or roadway improvement signs. 2. Fire or police signs, signals or devices to alert the public of safety hazards. 3. Markings of the State of Arizona and/or Town of Oro Valley or other competent public authority. 4. Official notices as required by law. B. The following signs shall be exempt from the application and permit regulations of this ordinance, although an electrical or building permit may be required: 1. Address Identification Signs: Signs which display numerals, street names, drives, circles, or the like, which give direction to residents, buildings, complexes, apartments, commercial sites, tenants spaces or the like. 2. Governmental Signs: Identification for public agencies such as traffic, public transit, public information and the like. 3. Historical Marker: A sign locating and identifying a historical interest or site. 4. Informational/Service Sign: Signs which may include official notices of court or public office and legal notices posted for Town meetings, as well as, signs located on pumps at a service station. 5. Interior Signs: Signs which are displayed within a concealed area, such as a tenant space or building and cannot be seen exterior to the public. 6. Memorial Sign: A sign, table or plaque memorializing a person, event or site. 7. Repainting/Resurfacing of Signs: Maintenance of signage, such as repainting or resurfacing shall not require any permits as long as the sign is in no way altered, changed, or modified from its previous state. 8. Residential Signs: Name and address of occupants. 9. Traffic Sign: A sign used solely to define and streamline the flow of vehicular or pedestrian traffic so as to minimize congestion and promote safety. 10. Warning Signs:Warning and instructional signs such as"No Trespassing" shall be exempt from permits. Said signs shall not be installed on utility poles or the like. Oro Valley Zoning Code Revised 12-37 (Rev. 10/02) DR AFT CHAPTER ER 13 GENERAL PROVISIONS manner as to not be visible from any point lying outside the property upon which abandoned or junk vehicle is stored or parked. B. For the purposes of this section: 1. Abandoned or junk vehicle means a vehicle or any major portion thereof which is incapable of movement under its own power and will remain so without major repair or reconstruction. 2. Major repair means the removal from any vehicle of a major portion thereof including, but not limited to,the differential,transmission,head,engine block or oil pan. 3. Vehicle means any self-propelled device in, upon, or by which any person or property is or may be transported upon a public highway excepting devices moved by human power or used exclusively upon stationary rails or tracks. Sec. 13-304 Flagpoles and Flags Flagpoles shall have a maximum height no greater than 1.25 times the height of the nearest adjacent building. The length of a flag shall be no greater than 1/4th the height of the flagpole. National and state flags are permissible. - : - . -: •- • : :: .- • '•- : : •': : - • •: • : :: • • • : - prohibited in accordance with Sec. 12 603 of this code. Flags used for the purpose of advertising or attracting attention to advertising, shall follow the guidelines set forth in Chapter 12, Signs, Section 12- 601 D and 12-602 D. ARTICLE 13-4 HOME OCCUPATIONS Sec.13-401 Purpose The purpose of this chapter is to: A. Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income. B. Ensure home occupation activities are incidental to, and compatible with, the surrounding residential areas. C. Establish criteria and standards for home occupations conducted in dwelling units in residential zones. Sec. 13-402 Definitions A home occupation is defined as business or commercial activity that is conducted from property that is zoned for residential use. Home occupation uses (Type I, see Section 13-405), are allowed as authorized by Section 13-405 and regulated by Section 13-404,without a public hearing or permit requirement. Oro Valley Zoning Code Revised (Rev 2/01) 13-6 CHAPTER 13 GENERAL PROVISIONS J. Home occupation uses will be clearly incidental and subordinate to the residential use of the property. They shall not occupy more than twenty-five (25)percent of the property's living space floor area. K. The home occupation use shall not involve the use or storage of tractor trailers, semi-trucks, or heavy equipment such as contractor's, or landscaper's equipment. L. The home occupation use shall produce no noise in violation of Town Code, Chapter 10,nor shall it Podors, vibrations,sustained or obnoxious ibrations, glare, fumes, dust, heat, or electric interference which are detectable and unpleasant to normal sensory perception beyond the perimeter of the property; M. The home occupation shall have no on-site sales or public display of stock-in-trade upon the premises. N. If the home occupation requires the conversion of existing parking for business use, an equal number of off-streetp arking spaces shall be provided on-site. If the home occupation use requires additional parking beyond existing parking spaces, based on the provisions of Section 11-102.11 [parking code], the additional parking shall be provided on-site. O. No signs shall be allowed for any home occupation pursuant to Chapter 12, Article 12-9, Prohibited Signs. Sec. 13-405 Type I Home Occupation Description A. A Type I home occupation may be conducted within the primary dwelling unit, or within a detached accessory building. It has resident employees only and no discernible impact on the residential character of the neighborhood. Type I uses are primarily office or hobby-type and similar scale uses, including but not limited to: 1. Architectural service. 2. Consulting service. 3. Home base office for direct-sale product(s) with no on-site sales, display of product(s), or distribution of product(s). 4. Drafting or graphic service. 5. Dressmaking, sewing,tailoring, or contract sewing(one machine). 6. Engineering service. 7. Financial planning, investment service. 8. Home crafts(including ceramics with a single kiln up to six cubic feet),but no on-site sales. 9. House cleaning service. Oro Valley Zoning Code Revised (Rev 2/01) 13-8 r Sec. 16-101 DESIGN GUIDELINES ARTICLE 16-1 DESIGN GUIDELINES DR AFT Sec. 16-101 Purpose Design guidelines seek to implement the adopted planning goals of the community with regard to community design, public safety,health and welfare. The purpose is: 1. To ensure that the built environment is aesthetically pleasing and compatible with the natural surroundings. 2. To maintain the value of the Town's scenic and natural resources. 3. To promote the Town's quality of life. 4. To minimize disturbance to the natural environment. Sec. 16-102 Design Review & Approval Procedures The Development Review Board (DRB) is directed to promote harmonious, safe, attractive and compatible development for the Town of Oro Valley. Its role is to review development proposals to ensure a quality of life for the residents of Oro Valley. Article 3-3 of OVZCR specifies the role of the Development Review Board in reviewing subdivision plats, development plans, architectural design, landscape plans, , Comprehensive Sign Programs, Sign Criteria and other matters as provided by the Zoning Ordinance. The Development Review Board will use these guidelines in evaluating the project submittals. Guidelines are not intended as strict rules. Rather, they are intended to describe conditions to be achieved. Guiding principles have been established for Site Planning, Architectural Design, Landscape Design and -..1•-:: _:- ":•. :, _, . •: P. The principles defined in these sections apply to all types of projects subject to design review. Sections E and F contain guidelines that are specific to the type of project. Guidelines in Section E apply to Residential and Infill Projects and the guidelines Section F apply to Commercial/Office Projects. Guidelines are not intended as strict rules, they are intended to describe conditions to be achieved. Sec. 16-103 Design Guidelines A. Site Planning Intent: Individual projects should relate to the overall context of Oro Valley by incorporating natural terrain and features and promoting pedestrian usability. 1. De-emphasize visual impacts of grading. a. Use "land form" grading that reflects and blends with natural grades, contours and existing site conditions. (Figure 1) b. Locate and design buildings in a manner that is harmonious with the natural contours of the land. (Figure 2) c. Design driveways and roads that complement the natural contours. 16-1 Oro Valley Zoning Code Revised (Rev.7/99) Sec. 16-103 DESIGN GUIDELINES 7. To minimize water consumption, Hydrazone irrigation is recommended. a. Use drip irrigation to maintain trees, shrubs, accents, and native grasses. b. Use bubblers or drip irrigation to maintain annuals and groundcovers. c. Maintain turf using spray irrigation. d. Irrigation is not required on undisturbed native vegetation. f. Irrigation may rri ation be cut off gradually after establishment of native plant materials. Y f. Install alternative irrigation systems for larger turf areas. 9- Use of turf is discouraged, except as needed for active play and recreation areas. 8. Site lighting (size, height and location) should be appropriate for the use and site 9 conditions. (Figure 17) Figure 17 Lighting Fixtures No Dir ed Li Abaro H izcftol._._.lram._r_•_ I ._,'/-_._ ‘ . ! ; iI .1- ••74.- .' i ' i ii . _.__ .: ii 1: ! t, , il i. - 1 `` , li ! ,- - f„,',v,4 :, I. .-- li , Ii' "1 -; •i %� ...__' i Pedestrian Areas Parking Lds D. Signage Intent: •• • • i•• • i• • •• - • e••i • i • •• •• - .• • • • • 1 e • e • • . • • :-..e•-: • •• •-• •.•• • ;ea.:: • • • •• •• • -.:•.: • • • • • •• :...•-.. •• • • • Top rovide an effective form of communication while preserving the scenic beauty of the desert environment. Ensure that the signage is clear, compatible with the character of the architecture and adjacent neighborhoods and provide the essential identity of, direction to, facilities in the Community. Design of signage should consider the following: 16-20 (Rev.7/99) Oro Valley Zoning Code Revised t t Sec. 16-103 DESIGN GUIDELINES 1. Municipal points Entry to the Town of Oro Valley (entry monuments with landscaped features). b. Traffic control program (stop signs, street name signs, etc.). 2. Residential a. Wayfinding system within communities. b. Entry points to communities. 3. Commercial a. Integration of signage with corresponding architecture. b. Directional signs b. Comprehensive Sign Programs and/or Sign Criteria. c. Presentation of signs for the Development, including landscaping, topography, uses, and overall design. 4. Signage should be integrated into the overall design , of the project, which could be accomplished by the following: • a. Designing a sign package with the intent and purpose of relating the signs to the architecture and overall design of the property, along with the surrounding neighborhoods. b. That each sign is related to all other signs maintained on the site by the incorporation of similar or identical elements, such as materials, sign copy, letter styles, color, illumination, method of attachment and overall presentation. c. Promote the effectiveness of signs by utilizing materials that appear natural to the surroundings, colors that correspond with the buildings, ensure that the size, number and location is aesthetically pleasing and compatible as it relates to other signs and the surrounding neighborhoods. 16-20 Oro Valley Zoning Code Revised (Rev.7199) Sec_ 16-103 DESIGN GUIDELINES Figure 18 Building and Signage Compatibility Avoid 1 1--1 ----,0 I- ----i.I E ---: 1 .\A I LHARDWARE ; •" • 11...., ;r.•S•1,11,1!,:.........:r......., F.A.....X....-.4.-.......r-..e..•; py-71.. ,.. .:,p., ;,---.. —.. i f i ir•-••• ! ''1.." ' r.-..-• - - ;it...._,......... ,._,;.-s,.._.... ; 1 ! • . ! Preferred ,i... -•-,•-r..;.-r,;• —i,LT. A.—.•. --e;,•,.,..•1 ,..-,.:!.•..`•-,•-!C.'••^r_r:-a.ikt;• •....r;.:.,..,t,4i..2!'r -_ r--• - — - , 1- 2f • A. . -. .. ..--•• 7,r•-•--•/:;-- •--n;:-±7..,i :r::: le "i , il... ...-.:;' .. :.i -..41 . ,...._ ...a.,t_I tit...._.;:i._ ._--Jj :•-.C...,:_:, I-i'L__.,-_,-.!;L.',.S 1 iv xa Figure 19 Signage . . .. —. - ------,..--„,-------,............-....-4-0.---.•••-•.,.......•••—••••—•,..trumonpa.rati.am.•....a.marn......aaaaharmam WarLan aa—awrommuhikabauft.. P.......,1 a..,/,\WO'V...1.....,P.M,P,111,11.... ......WI..b......•P.111..........II 1.....•...I......,Pk 11.VAN•/•••1P0,...WY 1,11.MP'.........P.M...111....P..01,,DAYNIM.WOW YMIWIP.I.V....=,...IWO POW.0,APV.,....... . ir, , •.•Vel.et...... . , s/cm Ai_ 1 --. GKr . ir, 1-_,, .. •..• - 1 - .: 1 . • 1 ' _ 1 1 I . i . . 1 , P.. ilfir,,0 11'2? inpp tfiljftii imi hire, 1 16-20 Ore Valley Zoning Code Revised (Rev.7/99) Sec. 16-103 DESIGN GUIDELINES 5. Signage should help to enhance the potential economic value and encourage quality development within the community, as well as, promote and aid tourist industry, which is an important part of the economy of the Town. It should also help to safeguard and preserve the unique character of the Town in creating an attractive and appealing community environment in which to live, work and visit. E. Residential and lnfill Projects 1. Street character should be diverse in residential areas. Diverse is defined as providing safety, interest and variety while maintaining a harmonious context. a. Vary individual street character through the use of street trees or landscape themes, setbacks, or architectural treatment. (1) Provide additional setbacks for buildings larger than 1-story. (2) Vary lot widths. b. Limit the length of straight streets in developments with small lots. Create an overall design that incorporates focal points. (Figure 20) c. A variety of garage placements is encouraged. 2. The residential roadway network should be appropriate for a residential neighborhood. a. Flexibility should be built into the standards to allow narrower street widths, where appropriate, such as local residential streets. Street width should reflect adjacent land use. b. Provide a bikeway that ties into a community wide bikeway network. c. Encourage local streets that are non-circuitous. d. Wayfinding with directional signage, theme areas, and visual coherence should be provided. e. Limited detention may be located adjacent to major roadways. Creative design is required (no bathtub type basins). f. Encourage connections between neighborhoods. 3. Diversity in the design of homes and neighborhoods is encouraged for residential subdivisions and planned communities. a. Create a design theme identified by materials, colors, roof types, etc. for larger projects/neighborhoods. 16-20 Oro Valley Zoning Code Revised (Rev.7199) Sec. 16-103 DESIGN GUIDELINES Figure 23 Commercial Facades \ s car retes on-set every 1OO4et swrogs or windows trellis entry areas ar cad es " ter • 1,-14ihrwit;di Yechr4clues to reduce the apparent sial acid scale of I r gc buildings e. Coordinate the design of retail complexes that involve multiple buildings to achieve visual compatibility. The relationships of buildings should be considered to create open spaces and pedestrian continuity. Drive-throughs and service P areas should be oriented to face away or be adequately screened from public streets. 9. The scale and massingof multiple story office buildings should be broken up to retain visual interest. a. Clearlyarticulate building entries. Entries should be clearly articulated and a pedestrian scale maintained by the use of low level detail, textures, covered or recessed areas. b. Use a combination of geometric forms for building design, not just a single block. Expanses of glass, especially curtain wall, and unfinished surfaces are not desired. Window area should not dominate the surface area, except as may be desired on the ground level. Facades should be broken up by recesses, off-sets or other articulation. Varying roof lines or heights are encouraged. c. 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CD 0 *mi CD n .. .1 c, t.7 a ml • w , - ,-4 A., : CD CD CD e•4 cA (\ *t C P: 5"1 b 2. !II' ' o f g 7- g *t C2� 4et) up m A: .ir, � �y • 0 � � rz s1 ,..p- • c-I-- eD5et) ,-fto0 p;4 0 f54- w, yc -g n c r cA o m 2 �c V) CT ''''' Cr ::.;: t.. n n .1 . © n cD 0.. -. O O O =.MTh A: cr '-i '111 rD 0-it CD Cr c fD ::: 0 *1 ;1; 4". n �-E p el) C' °- '" .-., :- n = O rD = n CD rD O4*...3 ,-1- c = (..4 4: o W) 4 4: o CD 0 o °, I C CD `1 ° 4=.n 0-1 •-.. • o cD = OCD= O *.in0o = N... C O ° © =,_, ° a cli :- .1 :::;I: 0- et) eD : et, o A:CD Cr C tl ;3114 CD eD 0 A. cD cD bd = ei- eD Cr? 4I1 ..i.�' rD y : et) 1 MI M 00 d MO CP CD CD *I :u. if = = n --1 01 A: t* rD o O o - OM m CD 01 = •=4,1 It11 0..i• *1 ri'. p, *,-, 4 c ,25• = 'Fitr , ,..., ;I: c y :1: (-t- - -5 c CD '-'• rl: = V cD -S ~•(-4- rt) et c" AT fp )-.. 1:3 CD 01 n t• 0 A: ot *t( ON2 .7: = f-t- = oi-- . titrt.A: oel) I r �• al rip n cr = 4 oN CD A: et) : Cr? A: CA MC CA Olt 0 pi: *4* *-3 w) P:i '-i cl, = A.:.. rD, ...p Iti: v� *d cra CD •-•• . C �' �' o �- • r n 5 O o = o • n O cri p f-p- c c, f-,- rt) r-�- r.r. O el) o - I O pt .1 ;--4cD e4 O el:, 2%. '- b = c yc • -. CD r v) ..0 0 rli n 5 Cr : n : /5 eD 7' 0.i 7 Ai: P,7,, n E. 7:i = 4 4 r: 2 2 'FL ,.... rp 0 I F:t : "6 1'1O � � O O cra i.) (-I- 0. ** fig. 1:3 p, n ci) el' 4 li: z ,C-I ?' — 2" O a� � � LTJ 4r stz 4 2 A: :ii ,, .,, ,p. 0 ei 8' � � iTJ 1.... e+ oil °F1:11, g ►.t y 0 Cr " rt) g mut CD 4 2, ' PF91 rii . )—i C *1 Ei ei,. • .tz c4' — c 'So a' � cp eir = n C ..g 2.. 0, 5- 0 pzi n E . 4 o •tz f-t- ep *I: 671 : P 'F+) ow o � r 0t'll mic cA V rz vs y 5' - Pi: '4.7 0., N eD el) = t.0 n ,..,. o rg VS *ft „,:.1 0 O. g 1:1 c:::, '-c3 ocWCDft, o oc cz A-5 = , 4 rD ,_ N 144n p, ei) e*- e'D o. W• : W �• tlil © © O cA �C )-.' CD Ph: c: A' Ai: rt, 'p -... . rD -. .1 ... . ,.-i - = ,D. . n *-i et, E-4. © td A: cli 0 o ,...... ,,,--, lo" ,-ii, f_p, ( -2 1:3 = g vil ''' ri:, mit : -. , 4 ei V aro n Q N ,= Q O CD Al,= : = ::: CO I=Ul 4 A: „I. CD : o `-r = E c © 4+ 5* P-% .-1 m ,- 0. ri (4- '-'' *Imi *it eg eD !-14-: it, !1.:1 (11 Q � . yO o .9 e7D 4 _ _. „it— =1. zs...g it:. c y „ : CCD *I = cD (-4- *I C -• CD 04t �, C �" • A: 0-'• CD CD O = vs' O V = crcl et) (t)' lett 4 0-i. : = 4 -,:, I o O .• r..�. Q ? cA O O O A: :'1 (g) = & CI *i 0., is- ,q, rp VS rn't *41 0.= =6 IS'' tT1 rn ,- - •—. ,,-1, 0 =I V) 4 .4. ,n A., ,.:. -,t pi: . r, g cil rii =, vs -g �C CD • 'V n t-L, vs el). 2 mi W CD ow W c N 0 CD O CD tCei, O 00 timil cc kos O.1 . , \O n: pi, . t* N N CD =, Oc:: �—+ LeW ~ © O ' � 0.11 � O bd � � et o O ,d )-0 .4:1 I I �C t 4o — o� cD O c =-, g:, A: : � � md to ,. rt) c -1 4 - = 0 Zs CD 0 't7 ciD = '.4- O t'll A : W .1 A' 1;67 OQ cD w' ml = 4 ,D � n - w eD cA ° 0-i i•i* CI. m 00 vs ow et) t. n .. 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CD 0 1.1%c r.. ,, C t.111 CD 0 t7 et) = oft 00 CA �� � C EXHIBIT A ICMA RETIREMENT PROJECTION 25 Age 25000 Starting Salary 0.03 Salary Increase 0.07 Employer Contribution 0.05 Employee Contribution 0.06 Interest Total Employer Employee Annual Accum. Age Service Salary Contrib. Contrib. Contrib. Savings Interest 25 0 $25,000 $1,750 $1,250 $3,000 $3,000 $3,180 26 1 $25,750 $1,803 $1,288 $3,090 $6,270 $6,646 27 2 $26,523 $1,857 $1,326 $3,183 $9,829 $10,419 28 3 $27,318 $1,912 $1,366 $3,278 $13,697 $14,519 29 4 $28,138 $1,970 $1,407 $3,377 $17,895 $18,969 30 5 $28,982 $2,029 $1,449 $3,478 $22,447 $23,793 31 6 $29,851 $2,090 $1,493 $3,582 $27,376 $29,018 32 7 $30,747 $2,152 $1,537 $3,690 $32,708 $34,670 33 8 $31,669 $2,217 $1,583 $3,800 $38,471 $40,779 34 9 $32,619 $2,283 $1,631 $3,914 $44,693 $47,375 35 10 $33,598 $2,352 $1,680 $4,032 $51,406 $54,491 36 11 $34,606 $2,422 $1,730 $4,153 $58,644 $62,162 37 12 $35,644 $2,495 $1,782 $4,277 $66,439 $70,426 38 13 $36,713 $2,570 $1,836 $4,406 $74,831 $79,321 39 14 $37,815 $2,647 $1,891 $4,538 $83,859 $88,891 40 15 $38,949 $2,726 $1,947 $4,674 $93,565 $99,178 41 16 $40,118 $2,808 $2,006 $4,814 $103,993 $110,232 42 17 $41,321 $2,892 $2,066 $4,959 $115,191 $122,102 43 18 $42,561 $2,979 $2,128 $5,107 $127,209 $134,842 44 19 $43,838 $3,069 $2,192 $5,261 $140,102 $148,509 45 20 $45,153 $3,161 $2,258 $5,418 $153,927 $163,163 46 21 $46,507 $3,256 $2,325 $5,581 $168,743 $178,868 47 22 $47,903 $3,353 $2,395 $5,748 $184,616 $195,693 48 23 $49,340 $3,454 $2,467 $5,921 $201,614 $213,711 49 24 $50,820 $3,557 $2,541 $6,098 $219,809 $232,998 50 25 $52,344 $3,664 $2,617 $6,281 $239,279 $253,636 51 26 $53,915 $3,774 $2,696 $6,470 $260,106 $275,712 52 27 $55,532 $3,887 $2,777 $6,664 $282,376 $299,318 53 28 $57,198 $4,004 $2,860 $6,864 $306,182 $324,553 54 29 $58,914 $4,124 $2,946 $7,070 $331,623 $351,520 55 30 $60,682 $4,248 $3,034 $7,282 $358,802 $380,330 $87,505 $62,503 EXHIBIT B ASRS RETIREMENT PROJECTION 25 Age 25000 Starting Salary 0.03 Salary Increase 0.05 Employer Contribution / 1 0.05 Employee Contribution Employer Employee Age Service Salary Contrib. Contrib. 25 0 $25,000 $1,250 $1,250 26 1 $25,750 $1,288 $1,288 27 2 $26,523 $1,326 $1,326 28 3 $27,318 $1,366 $1,366 29 4 $28,138 $1,407 $1,407 30 5 $28,982 $1,449 $1,449 31 6 $29,851 $1,493 $1,493 32 7 $30,747 $1,537 $1,537 33 8 $31,669 $1,583 $1,583 34 9 $32,619 $1,631 $1,631 35 10 $33,598 $1,680 $1,680 36 11 $34,606 $1,730 $1,730 37 12 $35,644 $1,782 $1,782 38 13 $36,713 $1,836 $1,836 39 14 $37,815 $1,891 $1,891 40 15 $38,949 $1,947 $1,947 41 16 $40,118 $2,006 $2,006 42 17 $41,321 $2,066 $2,066 43 18 $42,561 $2,128 $2,128 44 19 $43,838 $2,192 $2,192 45 20 $45,153 $2,258 $2,258 46 21 $46,507 $2,325 $2,325 47 22 $47,903 $2,395 $2,395 48 23 $49,340 $2,467 $2,467 49 24 $50,820 $2,541 $2,541 50 25 $52,344 $2,617 $2,617 51 26 $53,915 $2,696 $2,696 52 27 $55,532 $2,777 $2,777 53 28 $57,198 $2,860 $2,860 54 29 $58,914 $2,946 $2,946 55 30 $60,682 $3,034 $3,034 $62,503 $62,503 Above yields a retirement benefit of$3389 per month 30 years of service X 2.30 multiplier = .69 X $4911 average monthly salary = $3389 monthly benefit EXHIBIT C ICMA RETIREMENT PROJECTION 55 Age 60000 Starting Salary 0.03 Salary Increase 0.07 Employer Contribution 0.05 Employee Contribution 0.06 Interest Total Employer Employee Annual Accum. Age Service Salary Contrib. Contrib. Contrib. Savings Interest 55 0 $60,000 $4,200 $3,000 $7,200 $7,200 $7,632 56 1 $61,800 $4,326 $3,090 $7,416 $15,048 $15,951 57 2 $63,654 $4,456 $3,183 $7,638 $23,589 $25,005 58 3 $65,564 $4,589 $3,278 $7,868 $32,872 $34,845 59 4 $67,531 $4,727 $3,377 $8,104 $42,948 $45,525 60 5 $69,556 $4,869 $3,478 $8,347 $53,872 $57,104 61 6 $71,643 $5,015 $3,582 $8,597 $65,702 $69,644 62 7 $73,792 $5,165 $3,690 $8,855 $78,499 $83,209 63 8 $76,006 $5,320 $3,800 $9,121 $92,329 $97,869 64 9 $78,286 $5,480 $3,914 $9,394 $107,264 $113,699 65 10 $80,635 $5,644 $4,032 $9,676 $123,376 $130,778 $53,793 $38,423 EXHIBIT D ASRS RETIREMENT PROJECTION 55 Age 60000 Starting Salary 0.03 Salary Increase 0.05 Employer Contribution 0.05 Employee Contribution Employer Employee Age Service Salary Contrib. Contrib. 55 0 $60,000 $3,000 $3,000 56 1 $61,800 $3,090 $3,090 57 2 $63,654 $3,183 $3,183 58 3 $65,564 $3,278 $3,278 59 4 $67,531 $3,377 $3,377 60 5 $69,556 $3,478 $3,478 61 6 $71,643 $3,582 $3,582 62 7 $73,792 $3,690 $3,690 63 8 $76,006 $3,800 $3,800 64 9 $78,286 $3,914 $3,914 65 10 $80,635 $4,032 $4,032 $38,423 $38,423 Above yields a retirement benefit of$1370 per month 10 years of service X 2.10 multiplier = .21 X $6526 average monthly salary = $1370 Monthly benefit V/AA During the Employee rDeus Group me,%- g F:iday 22n`, Jeff G. handed out the attached information concerning the comparison of ASRS & our Town 401. He has given package this to council and they will discuss this with him at the study session Monday. ' couple of concerns that I would hope will assist t�_e council in considering this I've a proposal / comparison. 1. His presentation of the material is conflicting. On one hand, it assumes a healthy c n m which is projected byhis figures to be 6% over a long span of time. i economy—which . "oVeral reasonable.asonable. On the other hand it reflects (the ASRS material) a continued deterioration ,4 '`economy and additional costs to the town. 2. The 401 information is hiVdn accurate reflection of the broad investment spectrum that our employees have currently, or Will have in the future. It is has& upon the PLUS fund which is basically a savings play The PLUS fund is even mora: conservative than a Bond Fund arilYl'eld s are silhilar+^—ur below those obtainable at your friendly local Credit Union via C.D.'s. 3. Most employees are not invested in one fund. Therefore, it is quite impossible to assume any kind of projection of income/earnings for a"Defined Contribution Plan" such as our 401 with multiple investment potentials that runt Cie spectrum between High Risk Funds and Savings accounts. 4. His projections on Exhibits A,B,C & D are incomplete. Exhibits A &,C (the 401) do not show what the distribution models would be, i.e. whai time period & what model of distribution does the individual request? What would be a projected monthly benefit over a chosen period of time based upon whether a joint or single or survivor benefit? IF, he were to include the "doom scenario"projected for the ASRS, the monies for ANY option would likely run out well before the recipient dies. 5. The benefit amounts quoted in Exhibits B & C (the ASRS) doesn't include a COLA, which has been granted each year regardless of economy. Any"COLA" would be dependent upon excellent investment decisions made by the employee, not the fund. 6. I do not understand the reasoning behind Exhibitions C &D. How many employees do we have starting at age 55? Are we anticipating an increase in older individuals being hired, or continued growth with entry level jobs? 7. Concerning the document he includes titled " `PROJECTED' CONTRIBUTION RATES (Total Retirement)" a. He could not tell me how those figures were assembled. b. I called Michelle at the State Retirement Office and she advised that those figures "were compiled by an actuarial firm to represent a `worst case scenario'. The question asked of the actuarial was "what if the economy doesn't recover or takes 5 or longer years to do so?" The requirement to keep the ASRS whole would include having to adapt a schedule such as this one. This is NOT their projection. It is a responsible view of an extraordinarily slim chance of total economic stagnation. Just as we do "contingency budgets" so does the state retirement system plan for the "worst case"....this chart is an answer to that.....not a "plan". c. Historically, as represented on the ASRS webpage, the rates of contribution have indeed increased and decreased based upon economic waves. They will likely continue to follow that pattern. d. If we assume the worst and the economy doesn't recover: Would it be feasible for the Town to continue to invest 7% of it's money into the hands of the average employee who doesn't know the difference between any of the funds, doesn't access their account, doesn't know when or why to change their investment portfolio and will potentially continue to lose vast amounts of both the town's contributed money and their own? He is presenting "worst case" figures for the ASRS and not for the 401 model.