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A. Special Uses

1. Special Use Permits

a. The Planning and Zoning Administrator may approve permits for special uses (see Chapter 31, Definitions) for any temporary use of property, developed or undeveloped, within the Town of Oro Valley.

b. Approval shall account for the potential negative impacts of the proposed special use on surrounding properties with respect to:

i. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination;

ii. Hazard to persons and property from possible explosion, contamination, fire or flood;

iii. Unusual volume or character of traffic not adequately addressed through traffic control measures; and

iv. Compatibility of said special use with the surrounding area.

c. If potential negative impacts are not extant or can be mitigated, and all Town concerns are or can be satisfied, the Planning and Zoning Administrator may approve and authorize issuance of the requested special use permit. A time limit, not to exceed one (1) year, and any other conditions deemed necessary to protect the public health, safety and general welfare, may be imposed as conditions.

d. At his/her discretion, the Planning and Zoning Administrator may grant temporary modifications to Zoning Code requirements specific to the needs of a special use on a case-by-case basis. Any such modification approved shall not be construed as precedent setting, nor shall it be deemed applicable to any other special or permitted use.

2. Other Permits Required

Subsequent to approval, the applicant for the special use permit must obtain from the Town Clerk all necessary business and tax licenses required to operate within the Town and any other required permits, such as those for signs.

3. Revocation of Special Use Permit

The violation of any condition imposed by the Planning and Zoning Administrator on special use permit approval shall constitute a violation of this code and, subject to twenty-four (24) hours’ notice, said permit may be revoked. If revocation of a special use permit occurs, said special use must be curtailed at the end of the twenty-four (24) hour notification period.

B. Basement or Cellar Occupancies

No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed, and in no event shall the basement or cellar be occupied for longer than two (2) years from the time of completion of the basement or cellar.

C. Temporary Buildings

Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary buildings shall be removed upon completion or abandonment of the construction work. Absence of work on a project for sixty (60) days will constitute abandonment. Temporary buildings and trailers must be removed within thirty (30) days of project completions.

D. Temporary Mobile Home Occupancies

Upon issuance of a building permit, a mobile home/trailer may be used for dwelling purposes for not more than one hundred eighty (180) days during construction of a residence on the same premises, which period may be extended for an additional ninety (90) days upon application to the Planning and Zoning Administrator if there is evidence of special circumstances.