Conditional Use Permit

A Conditional Use Permit (CUP) is required for all proposed land uses identified with a “C” in the Table 23-1: Table of Permitted Uses of the Zoning Code. A CUP is reviewed for conformance with the criteria in Section 22.5 of the Zoning Code.

CUP applications require consideration by the Planning and Zoning Commission (PZC) and approval by Town Council. The application must be submitted online for staff review, prior to scheduling the public hearings. Applicants are encouraged to process the CUP application concurrently with any associated General Plan Amendments or Rezoning applications to minimize project timelines.

Fees

As specified in the Oro Valley Zoning Code, all fees must be paid in full prior to approval of an application.

The fee for a Conditional Use Permit is $1,000.00.

Step 1: Pre-application 

  • A pre-application and its associated Development Review Committee (DRC) meeting, provides an opportunity for applicants to ask questions and receive feedback in the early stages of a project from various Town departments and outside agencies.
  • Pre-application meetings are held every Thursday afternoon either online or in-person. Upon receipt of your submittal, staff will reach out to coordinate a meeting time.
  • You can submit your pre-application through the customer portal under "Planning and Zoning" - "Pre-application."

Pre-application requirements

  • A narrative that provides details about the proposed project
  • Any supporting documentation such as maps, site plans, etc. 

The more information you are able to provide the more feedback staff will be able to give.

Step 2: Public Outreach 

  • Public outreach is required early and throughout the development review process. 
  • Public outreach entails recording an informational video and participating in a minimum of 2 neighborhood meetings. 

Public Outreach Plan and Report

As part of the Public Outreach process (Section 22.15.E of the Zoning Code), the Public Outreach Plan and subsequent report are required.

  • Public Outreach Plan (POP) – required following the first neighborhood meeting as part of the formal submittal. The Plan must include the following:
    • A description of the project
    • Identification of interested stakeholders, including homeowners’ associations that are affected by the proposal
    • A proposed neighborhood meeting process
    • The POP must incorporate the neighborhood meeting requirements noted in 22.15.F. The applicant may propose an alternative process if it is designed to include key stakeholders in a meaningful way, and is consistent with 22.15.A: Purpose, public participation, and notification policy. Any alternative proposal will be subject to Planning and Zoning Administrator approval. At a minimum, the POP must contain educational and issue identification and resolution elements, as defined in the public participation and notification policy.
  • Public Outreach Report – required at the conclusion of the public outreach process. The report must include:
  • A list of neighborhood meetings, noting when and where they were held; the number of people that attended; and copies of sign-in sheets.
  • A list of meeting notification methods used.
  • Copies of comment letters, petitions, and other pertinent information received from residents and other interested parties.
  • A summary of the issues and concerns that were raised.
  • A list of solutions that were agreed upon.
  • A list of issues that were not resolved, with an explanation of why solutions were not achieved.

Please note, the Public Outreach Report must be updated and resubmitted throughout the process accordingly.

Informational Video

  • The video is required prior to the 1st neighborhood meeting to provide an introduction and brief overview of the proposal.
  • The video must be posted at least 15-days prior to the neighborhood meeting. To achieve this, the recording must be done at least 1 week prior to the 15-day posting deadline.
  • Videos are recorded online via Zoom. The recording must be coordinated with Town staff. 
  • A PowerPoint (or PDF) presentation is required in widescreen format.  At a minimum, presentations should include the following:
    • Details about the proposal – including but not limited to the proposed use, number of lots/units, building square footage or lot size, access, and circulation, etc.
    • How the proposal complies with zoning requirements – this includes any applicable criteria or key standards such as setbacks, height, buffer yards, screening, use, design standards, courtyards, or rec area, etc.
    • Impacts, if any, to traffic or drainage patterns

 

Neighborhood Meetings

  • Purpose: Identify questions, comments, or concerns from the community. Goals for the first neighborhood meeting include:
  • Everyone understands the proposal, review process and applicable code requirements.
  • A list of questions, comments, or concerns from the community is identified.
  • If time permits, design solutions to mitigate concerns are discussed.
  • Schedule: The 1st neighborhood meeting is scheduled roughly 4 weeks after the pre-application meeting to allow time to record the informational video and send out the required 15-day notice.
  • Meeting format:
    • Staff Presentation: Provides a brief overview about the project, which includes the location, history of the site, key zoning requirements, proposal and review process.
    • Applicant Presentation: A description about the project and how it complies with zoning requirements. 
    • Audience questions and comments: Applicants should be prepared to answer questions and/or respond to comments. 
  • Location: Neighborhood meetings are typically held at Town Hall (11000 N. La Canada Drive) from 6-7:30 PM.
  • Presentations:
    • The presentation for the first neighborhood meeting is often similar to the one provided for the informational video. The presentation for the 2nd neighborhood meeting should incorporate any changes made to the proposal based on the 1st neighborhood meeting comments and/or staff review.
    • All presentations must be provided in "Widescreen" format in both PPT and PDF. 
    • At a minimum, presentations should include the following:
      • Details about the proposal – including but not limited to the proposed use, number of lots/units, building square footage or lot size, access, and circulation, etc.
      • How the proposal complies with zoning requirements – this includes any applicable criteria or key standards such as setbacks, height, buffer yards, screening, use, design standards, courtyards, or rec area, etc.
      • Impacts, if any, to traffic or drainage patterns
      • How the proposal addresses concerns from neighbors (only applicable for the 2nd neighborhood meeting)

Step 3: Formal submittal for staff review

  • All applicable departments will review your submittal for code compliance within 20 business days. Additional revised submittals addressing staff comments may be required until all code requirements have been satisfied. 
  • To avoid delays, applicants should review all applicable provisions of the Zoning Code and ensure the formal submittal is complete. Incomplete submittals will be returned for additional information.
  • You can submit your formal application online through the customer portal under "Planning and Zoning" - "Conditional Use Permit."
  • The following information must be submitted online in PDF format. 

Submittal requirements

All items must be submitted in PDF format. Please name PDF files in a self-explanatory manner such as “Document Type – Date.”

 

Narrative

  1. Details about the type of proposed use. Including, square footage, site improvements and general information about the business.
  2. CUP criteria in Section 22.5 responses. The criteria include:
    • That the granting of such CUP will not be materially detrimental to the public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following:
      • Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination.
      • Hazard to persons and property from possible explosion, contamination, fire or flood.
      • Unusual volume or character of traffic
    • That the characteristics of the use proposed in such use permit are reasonably compatible with the types of uses surrounding area and sufficient mitigation measures are employed to minimize impact on adjoining properties.
    • That the proposed use is consistent with the goals and policies of the general plan.
    • That the hours of operation of the proposed use will not adversely impact neighboring properties.

Site Plan

  1. Location map showing the location of the proposed site
  2. Existing zoning and proposed use
  3. Complete legal description
  4. Address
  5. Name of development
  6. Lot dimensions and net lot area
  7. All proposed buildings, structures and proposed parking
  8. Street dedications and improvement
  9. Landscape – Existing and proposed concept plan

If applicable, a Letter of Authorization from the property owner and/or a Coy of the Deed or Title Report may also be required.

Step 4: Public Hearing Process 

  • Conditional Use Permits require consideration by the Planning and Zoning Commission and approval by the Town Council. 
  • Both staff and the applicant are required to present to the Planning and Zoning Commission and Town Council. 
  • Members of the public are invited and may speak at the public hearings. 

Presentations

Staff Presentation 

  • Staff will provide a brief presentation to give an overview of the proposal and applicable code requirements.
  • Staff presentations typically include the following:
    • Quick overview of the request 
    • Location of the project
    • Background or history of the site 
    • Key zoning requirements (e.g., findings)
    • Public review process and/or neighborhood concerns
    • Summary and recommendation

Applicant Presentation 

  • The applicant and/or property owner will be expected to provide a PowerPoint presentation about their proposal and answer questions or comments during the public hearings.
  • Ultimately, it is the applicant’s responsibility to promote their proposal and show how it meets Town standards. At a minimum, presentations should include the following:
    • Details about the request
    • How the proposal complies with zoning requirements (e.g., findings) 
    • Impacts, if any
    • How the proposal addresses concerns from neighbors
  • All presentations must be provided in “Widescreen” format in PPT and PDF.

 

Step 5: Approval and Next Steps

  • After the Town Council public hearing, staff will send a letter documenting their action. 
  • The violation of any condition imposed by the use permit shall constitute a violation of the Zoning Code. Failure to maintain any of the approved conditions may result in revocation of the use permit by Town Council. Amendment or addition to any use permit is subject to the same process as a new CUP application. 
  • Upon approval, the applicant may proceed with submitting a development plan or preliminary plat package.