Residential Setback Modification

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 Residential Setback Modification is $150.00 per item/lot

The following information must be submitted in PDF format. Please name the PDF files in a self-explanatory manner such as “Document Type – Date.”

1. Narrative that provides explanatory and detailed information related to the zoning code standards below.  It is the applicant’s responsibility to provide thorough details about the proposal, including any potential impacts to the neighborhood. 
   
   • A setback modification may be allowed for a house or detached accessory structure on a single-family residential property subject to the following standards: 
     • A front, rear or side yard building setback may be reduced by less than ten (10) percent to a maximum of five (5) feet from any property line.
     • Requests may not be materially detrimental to directly affected properties including safety, views, noise, health and general welfare as determined by the Planning and Zoning Administrator.
     • Requests are subject to conditions as determined by the Planning and Zoning Administrator, to mitigate any potential negative impacts. 
     • All requests must be unopposed by all directly affected properties.
   • The setback reduction procedure shall not apply to any proposed setback reduction that results in:
     • Changes to a subdivision design. Setback reduction requests shall be considered individually on parcel by-parcel basis. In no instance shall this code provision be applied as part of the rezoning, final design review or platting process.
     • An increase in the permitted lot coverage for a detached accessory structure.
     • A change to a development standard that was previously reduced through a separate modification or variance.
     • A change to a development standard that was a condition of approval for a rezoning or conceptual site plan.
     • A modification of a requirement of an overlay zone, scenic corridor or the environmentally sensitive lands ordinance including but limited to setbacks (section 27.10.F.3.B) and flexible design options (section 27.10.F.2.C).
     • An additional setback encroachment than what is permitted in section 23.5.C.2 of the Oro Valley Zoning Code.
     • A change to the setback requirements for multiple frontage lots as defined in section 23.5.C.1.B. of the Oro Valley Zoning Code.

        

2. Site Plan of 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 variance request and include the size, height, width, distance to property lines, as applicable.
3. Letter of Authorization from the property owner (if applicant is acting as agent).
4. Supporting Documentation, such as maps, photographs, construction documents, etc.

The Town will notify all directly affected property owners by mail, which may include:

• All property owners adjacent to the applicant’s property for a front yard setback request.
• All property owners abutting the applicant’s property for a side or rear yard setback request.
• Additional properties when it is apparent, they will be materially affected by the request as determine by the Planning and Zoning Administrator.