Grading Exception

Grading Exceptions are reviewed on a case-by-case basis to use more cut or fill than the code allows.

Applications for grading exceptions 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 meetings. Applicants may process the grading exception concurrently with the development plan/preliminary plat package (if applicable) to minimize project timelines.

Instructions for standard Grading Permits can be found at this link. 

Fees

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

The fee for a grading exception is $1,300.00 

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: Formal submittal and 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" - "Grading Exception."

  • Submit the information in the drop-down below online. 

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. A narrative describing the proposed project, the require code standard and the proposed alternative.
  2. Findings. Explain in detail answers to each of the following Findings. It is the applicant’s responsibility to provide thorough details about the proposal, including any potential impacts to the neighborhood. Please do not include yes or no answers only. Each finding must be clearly addressed.
 Findings that must be addressed with your application:

1.

 The exception meets the intent and purpose of this code. Please see zoning code Section 27.9.A.
2. Granting the exception constitutes the minimum to allow the proposed improvement.
3. The conditions on the property are unique such that strict adherence to this section would cause an unnecessary hardship which substantially limits the preservation and enjoyment of property rights
4. The exception imposes conditions so as not to constitute a granting of special privilege
5. That the exception will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general

 

Site Plan

  1. Show the entire lot, including:
    • The lot lines for the property 
    • All streets identified and labeled
    • Location of the main house or building, including driveways and/or parking lot
    • Location of any existing accessory structures
    • Highlight areas which are the subject of the grading exception request and include the size, height, width, distance to property lines, as applicable.

Supporting Documents

  1. You may also submit any supporting documents, such as maps, photographs of the site, construction documents, etc. 

  2. A Letter of Authorization from the property owner (if applicant is acting as agent)

Step 3: Public Hearing Process

  • Grading exceptions 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 4: Decision and Next Steps

  • After the Town Council public hearing, staff will send a letter documenting their action. 

  • If approved, the applicant may proceed with submitting a development plan or preliminary plat package (if applicable and not submitted concurrently) or acquire grading permits.

Contact Us

Phone

520-229-4800

Email

planning@orovalleyaz.gov

Location

Planning Department
11000 N. La Cañada Drive
85737
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