Apply for a Residential Setback Modification

A setback modification is a request by a property owner for a reduction in the setback requirement from a property line for a house or detached accessory structure on a single-family residential property.

Process

Step 1.Review the setback modification requirements 

  • Review the requirements for a setback modification in Section 23.5.C.2.h of the Zoning Code.

Step 2.Submit your application online

  • All items must be submitted online in PDF format.
  • Submit your application through the customer portal HERE with the required items from the Setback Modification Guide(PDF, 175KB). You can find the application by going to "Planning and Zoning" - "Residential Setback Modification."
  • If you are new to the Town's customer portal, you will need to sign-up first. A short instructional video about the customer portal is available HERE.
  • All fees must be paid upon submitting. Staff review will not begin until all fees are paid. Fees may be paid online.

Step 3.Staff review and recommendation

  • Town staff will review your application and send a letter within ten (10) business days, including any comments or revisions that need to be addressed

Step 4.Once a submittal is complete, the Town will notify affected property owners

  • 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 and may continue through the review process

Step 5.Upon approval of the request, the property owner may submit a building permit application

  • If a setback modification request is approved, property owners may submit a building permit application to the Town with a formal letter documenting the setback modification approval 

A decision by the Planning and Zoning Administrator may be appealed to the Board of Adjustment per Section 22.12 of the Oro Valley Zoning Code.