Appeal

Administrative decisions of the Planning and Zoning Administrator may be appealed per Section 22.12 of the Zoning Code. Appeals are limited to instances where an aggrieved party can demonstrate there was an error in the decision or determination in the enforcement of a specific zoning ordinance or regulatory requirement. 

  • Aggrieved Party - The property owner or a property owner within 300 feet of the subject property.

If it is demonstrated an error occurred, the Planning and Zoning Administrator may resolve the alleged error prior to Board of Adjustment public hearing. Otherwise, the appeal will be scheduled for consideration by the Board of Adjustment. 

The Board is a quasi-judicial board with the authority to grant/deny requests and their decisions are final (not passed on to Town Council). Any person affected/aggrieved by the Board’s decision can file a complaint/appeal with the Pima County Superior Court within thirty (30) days of Board’s decision date.

Fees

As specified in the Oro Valley Zoning Code, all fees must be paid in full prior to processing your application. 

  • Individual/homeowner(s) appeal - $150.00 per item
  • Developer/corporate appeal - $600.00 per item
  • Any additional appeals - $100.00 per item

Step 1: Formal submittal for staff review

  • Town staff will review your appeal and will respond in writing within 10 business days. 
  • You can submit your formal application online through the customer portal under "Planning and Zoning" - "Zoning Appeal."
  • Submit the following information online in PDF format. Please name PDF files in a self-explanatory manner such as “Document Type – Date.”
    • A Letter detailing the nature of the appeal including:
      • Address and/or parcel number of subject property 
      • Specific ordinance or regulatory requirement cited as the error
    • Any additional supporting documentation

Step 2: Public hearing (if necessary) and decision 

  • If it is demonstrated an error occurred, the Planning and Zoning Administrator may resolve the alleged error prior to Board of Adjustment public hearing. Otherwise, the appeal will be scheduled for consideration by the Board of Adjustment. 
  • A formal letter of the Board’s decision will be sent to the applicant within two (2) business days. Any person affected/aggrieved by the Board’s decision can file a complaint/appeal with the Pima County Superior Court within thirty (30) days of Board’s decision date.