Appeal

There are two types of appeals from the Planning and Zoning Administrator's determinations. Both have a specific process and requirements outlined in the Zoning Code.

  1. Administrative Decision appeal - An administrative decision is the routine application of the zoning code. Appeals are subject to Section 22.12 of the Zoning Code.
  2. Interpretation appeal - An interpretation is a formal explanation of the zoning code. Interpretations may be considered if there is a question of clarity of any provision of the zoning code, or a determination of analogous use is required within the permitted uses of a specified zoning district. Appeals are subject to the process and requirements in Section 21.6.G. of the Zoning Code.  

Both types of appeals are considered by the Board of Adjustment. This is a quasi-judicial board with the authority to grant/deny requests and their decisions are final (Per State Law - appeals are not considered by the 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. 

Fees for appeals from an Administrative Decision or an Interpretation are as follows:

  • 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:
      • Specify if the appeal involves an administrative decision or an interpretation 
      • Address and/or parcel number of subject property, if applicable
      • Specific ordinance or regulatory requirement cited as the error
      • Description of the alleged error made in the determination 
    • 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.