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A. Lots

1. Measurement

a. Lot Area

The same as “net lot area.”

b. Net Lot Area

The area included within lot lines after all right-of-way dedications have been made as required by the Town.

c. Lot Width

The width of the lot is determined as follows:

i. If the side property lines are parallel, the shortest distance between these side lines,

ii. If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the required front or rear building setback line whichever is the lesser. The axis of a lot shall be a line generally perpendicular to the fronting street, which divides the lot into two (2) equal parts.

d. Minimum lot width

i. Cul-de-sac lots: minimum lot width shall be measured at the front lot line or the building setback line, whichever width is greater. Street frontage for cul-de-sac lots shall meet the minimum requirements.

ii. Flaglots: the driveway, or “pole,” portion of any flag lot shall be excluded from minimum lot width measurement, using the flag portion of the lot to satisfy minimum lot width requirements.

2. Corner Lots: Special Limitations

As an aid to freer, safe movement of vehicles at and near street intersections, and in order to promote more adequate protection for the safety of children, pedestrians, operators of vehicles and for proposed construction hereafter, there shall be limitations of the height of fences, walls, gateways, ornamental structures, hedges, shrubbery and other fixture construction and planting on corner lots in all districts where front yards are required.

a. Such barriers to clear unobstructed vision at corners of intersecting streets shall be limited to a height of not over two feet above the established elevation of the nearest street line for a distance of 25 feet along both the front and side lot lines measured from the point of intersection of the said intersecting lot lines.

b. Within the isosceles triangle formed as required in subsection a. of this Section, by connecting the ends of the respective 25 foot distances, all the fixtures, construction, hedges, shrubbery and other plantings shall be limited to a height not over two (2) feet above the elevation of the street line level at the said intersecting streets.

c. Within the said triangle, and in cases where front yards are terraced, the ground elevation of such front yards shall not exceed two (2) feet above the established street line elevation at the said intersecting streets.

B. Height

1. Measurement

a. Building, Height

The vertical distance measured from the grade found along the outside walls of a building to the highest point of the building, excluding any chimney. This definition applies only to a building footprint where the natural cross-slope is less than six (6) percent.

b. Building Height (Sloped Area)

The maximum vertical distance measured from natural grade to the highest point of the building directly above, excluding any chimney. This definition applies only to a building footprint where the natural cross-slope is six (6) percent or more.

c. Building Height Contour Line

Located at the building height permitted by Oro Valley zoning above the existing pre-development grade and parallel to the contour of the existing pre-development grade.

2. Exceptions

a. Flagpoles and Flags

Flagpoles shall have a maximum height no greater than 1.25 times the height of the nearest adjacent building. The length of a flag shall be no greater than º the height of the flagpole. National and state flags are permissible. Flags used for the purpose of advertising or attracting attention to advertising are regulated in accordance with Sections 28.3.C and 28.4.B of this Code. Flags shall be located in an area of the lot or parcel where it will not be a safety hazard to adjacent properties.

b. Chimneys and Solar Equipment

Chimneys and solar equipment for heating or cooling are exempt from the height limitations of this Code.

c. Architectural Elements

Within the nonresidential districts, architectural elements such as bell towers may exceed this limitation as specified within the district standards Section 23.8.

C. Setbacks

1. Measurement

a. The shortest straight line distance in feet from the nearest property or lot boundary to the nearest element, including roof overhangs, of a main or accessory building, structure, sign or the like located on the same property or lot, except as exempted by subsection C.2 of this section.

b. For multiple frontage lots, a 20 foot setback must be maintained adjacent to any public or private street. The Town Engineer and Planning and Zoning Administrator may reduce this requirement for side setbacks, but in no case may the setback be less than that required by the zoning district.

c. For “flaglots, the driveway, or “pole,” portion of the lot shall not be used to satisfy front setback requirements. The front setback shall be measured within the area of the “flag” portion of the lot closest to any public or private street.

d. The front setback of a commercial corner lot is measured from the property line along the major street as determined by the Town Engineer.

e. For irregular, triangular or gore lots the rear setback is measured from the rear lot line, which as defined herein, is a line entirely within the lot at least ten (10) feet long and parallel and most distant from the front lot line.

2. Residential Setback Uses

Yards, established by required setbacks, shall be open and unobstructed from the ground to the sky except for the following:

a. Sills and lintels around doors or windows, bay windows and ornamental features attached to the building may extend two (2) feet into the required front, side and rear setbacks.

b. Balconies and stairs may extend four (4) feet into the required front, side and rear setbacks provided a minimum distance of five (5) feet is maintained from the side lot line.

c. Terraces, covered and uncovered porches and platforms which are not higher than three (3) feet above the adjacent natural ground level, that are attached to the house and open on three (3) sides, may extend into the required setbacks as follows:

i. Front: fifty percent (50%).

ii. Side: fifty percent (50%), provided a five (5) foot distance is maintained from the side lot line.

iii. Rear: up to ten (10) feet from the rear lot line.

d. Cornices, roof eaves and/or rafters, canopies, and awnings, not attached to porches, may extend five (5) feet into the required front, side and rear setbacks, provided three (3) feet is maintained from the side lot line.

e. Chimneys may extend two (2) feet into the required front, side or rear setbacks.

f. Mechanical equipment such as air conditioners and pool pumps may be placed in the required side and rear yard setbacks, provided a minimum three (3) foot access way is maintained along one side of the building to allow for maintenance and emergency purposes. Screening is required as referred to in Section 23.6.A.6.

g. Setbacks for an attached feature of a main or accessory building, as provided in subsections C.2.a through C.2.f of this section, may be further encroached upon by an additional twenty percent (20%) when all of the following applies:

i. The nearest property line to the attached feature abuts a property where no building or occupancy could take place such as common areas, riparian or open spaces excluding areas of ingress/egress.

ii. A minimum six (6) foot solid wall is added to obscure the view of the building.

iii. A minimum of three (3) feet is maintained from the property line.

In no case will an element of the main or accessory building be permitted to extend into, or be built above or over, an area intended to remain clear and unobstructed such as a designated environmentally sensitive area or ingress/egress.

h. Residential setback reductions may be approved by the Planning and Zoning Administrator subject to the following:

i. Applicability

This code provision shall apply to the following:

a) Single-family dwelling units.

b) Detached accessory structures.

ii. The setback reduction procedure shall not apply to any proposed setback reduction that results in:

a) Changes to a subdivision design. Setback reduction requests shall be considered individually on a parcel-by-parcel basis. In no instance shall this code provision be applied as part of the rezoning, final design review or platting process.

b) An increase in the permitted lot coverage for a detached accessory structure.

c) A change to a development standard that was previously reduced through a separate modification or variance.

d) A change to a development standard that was a condition of approval for a rezoning or conceptual site plan.

e) A modification of a requirement of an overlay zone, scenic corridor, or the environmentally sensitive lands ordinance including, but not limited to, setbacks (Section 27.10.F.3.b) and flexible design options (Section 27.10.F.2.c).

f) An additional setback encroachment than what is permitted in this subsection C.2.

g) A change to the setback requirements for multiple frontage lots as defined in subsection C.1.b of this section.

iii. All residential setback reduction requests must meet the following standards:

a) A front, rear or side yard building setback may be reduced by less than ten percent (10%) to a maximum of five (5) feet from any property line.

b) Requests may not be materially detrimental to directly affected properties including safety, views, noise, health, and general welfare as determined by the Planning and Zoning Administrator.

c) Requests are subject to conditions, as determined by the Planning and Zoning Administrator, to mitigate any potential negative impacts.

d) All requests must be unopposed by all directly affected properties as defined in subsection C.2.h.iv of this section.

iv. All directly affected property owners must be notified by mail and include:

a) All property owners adjacent to the applicant’s property for a front yard setback request.

b) All property owners abutting the applicant’s property for a side or rear yard setback request.

c) Additional properties when it is apparent they will be materially affected by the request as determined by the Planning and Zoning Administrator.

v. Determination and action if there is opposition to the request by directly affected property owners:

a) Affected property owners have fifteen (15) days after date of mailing to respond; if no response in opposition is received by Town staff, the application shall be considered unopposed.

b) If a response in opposition to a setback reduction request is received within the fifteen (15) day comment period by a directly affected property owner, the Planning and Zoning Administrator may meet with the opposing property owner and applicant to reach a consensus.

c) If opposition remains, the application must be denied.

vi. Review and Appeal Process

a) The Planning and Zoning Administrator may approve, approve with conditions, or deny the setback reduction request upon evaluation of code compliance.

b) A decision by the Planning and Zoning Administrator may be appealed to the Board of Adjustment in accordance with Section 22.12.

c) The applicant retains the ability to apply for a variance as provided in Section 22.13.

((O)20-09, 10/07/20; (O)18-15, 10/03/18)

D. Floor Area Ratio

This is the maximum ratio of gross building floor area to the net lot area of the building site.

E. Open Space

This is the minimum percentage of open space relative to the net lot area.