17-3-6 Statutory Exceptions.
A. In accordance with ARS § 48-3609(I), unless expressly provided this and any regulations adopted pursuant to this article do not affect:
1. Existing legal uses of property or the right to continuation of such legal use. However, if a nonconforming use of land or a structure is discontinued for twelve (12) months or destroyed to the extent of fifty percent (50%) or more of its market value, as determined by a competent appraiser, or the valuation made by the Pima County Assessor’s Office, any further use shall comply with this article and regulations of the Town of Oro Valley.
2. Reasonable repair or alteration of property for the purposes for which the property was legally used on August 3, 1984, or any regulations affecting such property takes effect, except that any alteration, addition, or repair to a nonconforming structure which would result in increasing its flood damage potential by fifty percent (50%) or more shall be either flood-proofed or elevated to or above the regulatory flood elevation.
3. Reasonable repair of structures constructed with the written authorization required by ARS § 48-3613.
4. Facilities constructed or installed pursuant to a certificate of environmental compatibility issued pursuant to ARS Title 40, Chapter 2, Article 6.2.
B. Before the following types of construction authorized by ARS § 48-3613(B) may begin, the responsible person must submit grading plans and a grading permit application for review and comment. Written authorization is not required for, nor shall the floodplain board prohibit, the following pursuant to ARS § 48-3613(C):
1. The construction of bridges, culverts, dikes, and other structures necessary for the construction of public highways, roads, and streets intersecting or crossing a watercourse.
2. The construction of storage dams for watering livestock or wildlife, structures on banks of a watercourse to prevent erosion of, or damage to, adjoining land, if the structure will not divert, retard or obstruct the natural channel of the watercourse, or dams for the conservation of floodwaters as permitted by ARS Title 45, Chapter 6.
3. The construction of tailing dams and waste disposal areas for use in connection with mining and metallurgical operations. This subsection does not exempt those sand and gravel operations that will divert, retard or obstruct the flow of waters in any watercourse from complying with, and acquiring authorization from, the Town Engineer or the Floodplain Board pursuant to regulations adopted by the Floodplain Board under this article.
4. Other construction, if it is determined by the Town Engineer that a floodplain use permit is unnecessary.
5. Any flood control district, county, city, town, or other political subdivision from exercising powers granted to it under ARS Title 48, Chapter 21, Article 1.
6. The construction, by a public agency or political subdivision, of streams, waterways, lakes, and other auxiliary facilities in conjunction with development of public parks and recreation facilities.
7. The construction and erection of poles, towers, foundations, support structures, guy wires, and other facilities related to power transmission as constructed by any utility, whether a public service corporation or a political subdivision.
C. In accordance with ARS § 48-3613(D), in addition to other penalties or remedies otherwise provided by law, the State of Arizona, a political subdivision thereof, or a person who may be damaged or has been damaged as a result of the unauthorized diversion, retardation, or obstruction of a watercourse has the right to go through an administrator/board to commence, maintain, and prosecute any appropriate action or pursue any remedy to enjoin, abate, or otherwise prevent any person from violating or continuing to violate this section or regulations adopted pursuant to ARS Title 48, Chapter 21, Article 1. If a person is found to be in violation of this section, the administrator/board shall require the violator either to comply with this section, if authorized by the Floodplain Board for FEMA regulated floodplains (the Town Engineer for non-FEMA regulated floodplains), or to remove the obstruction and restore the watercourse to its original state. The court may also award such monetary damages as are appropriate to the injured parties resulting from the violation, including reasonable costs and attorney fees. ((O)21-06, 11/17/2021; (O)17-04, 04/05/2017; (O)05-35, 10/05/2005)