18.61.080   Exceptions.
   A.   Exceptions to Development Mitigation and Performance Standards (Section 18.61.053 through and including 18.61.056).
      1.   The design review committee (DRC) (refer to Chapter 18.99) may grant exceptions to the requirements of the development mitigation and performance standards of Sections 18.61.053 through 18.61.056, if the proposed alternative complies with the intent of this chapter and if the material, method or work offered meets equivalent standards prescribed in this chapter for quality, effectiveness, durability and safety.
      2.   The decision of the DRC may be appealed to the applicable board of adjustment in accordance with the standards and procedures of Chapter 18.93 (Boards of Adjustment).
   B.   Board of Supervisors' Exceptions to Slope Density Requirements (Section 18.61.052).
      1.   The board of supervisors may grant an exception to the slope density requirements of Section 18.61.052, other than for the protected area of a peak or ridge, if the requirements prevent the reasonable development of the parcel, lot or project site.
      2.   The request for an exception shall be considered by the Supervisors at an advertised public hearing with mailed notice to owners of property within a minimum of three hundred feet (300') of the subject area.
   C.   Submittal Information. Applications for an exception shall be submitted to the planning division and shall be accompanied by at least the following:
      1.   A legal description of the project site;
      2.   A site plan depicting the location of all existing structures, if any, and the location, dimensions, design and color of all proposed development and subject to the following:
         a.   A revegetation plan (including rip-rapping) showing existing vegetation, graded areas to be revegetated, manner of revegetation and revegetation time schedule;
         b.   An HDZ variance fee payable to the Pima County treasurer in accordance with the fee schedule adopted by Pima County ordinance.
         c.   An application submitted for an HDZ exception for a property for which an exception had been previously denied by the DRC shall include a new application, submittal, and fee, and a detailed and precise response to the DRC's basis for the previous denial as confirmed by the planning official. Applications that do not include a detailed and precise response shall be considered incomplete and not placed on an agenda for the DRC's review, and the incomplete application shall be returned to the applicant without refund of the fee.
   D.   Applicant Conformance with DRC Approval of an HDZ waiver: Prior to the issuance of a brushing, clearing, grubbing or grading permit, the planning official shall certify site plan and grading plan conformance with the DRC's approval except that grading area (square footage) requirements shall be certified by the county authority that issues grading permits.
(Ord. 2003-17 § 1 (part), 2003; Ord. 2000-52 § 1 (part), 2000)