A. Applicability. Whenever development requires a floodplain use permit to promote the protection of riparian habitat as defined by the Pima County flood control district pursuant to Chapter 16.30 of the Pima County Code, development standards may be modified in accordance with this section. Any such modification shall be consistent with the purpose of Chapter 16.30, and may only be allowed:
1. When a mitigation plan required by Chapter 16.30 would be unnecessary if the modification is granted; or
2. When development within the riparian habitat area cannot reasonably be avoided and an application for modification is submitted as part of a mitigation plan submitted pursuant to Chapter 16.30.
B. Types of Modifications. Development standards may be modified consistent with section A above, including but not limited to the following:
1. Setbacks. The zoning inspector may modify any minimum setback or distance between structures. The modification shall be processed pursuant to the procedures and standards of Section 18.07.070, except that no fee shall be charged.
2. Subdivision Lot Size. Minimum lot size requirements for subdivision lots in the CR-l, CR-2, CR-3, GR-1 and CMH-1 zones may be modified at the time of plat approval in order to promote the protection of riparian habitat and undisturbed natural areas. Additional undisturbed natural area may be included in the preserved area if at least one acre or ten percent of the total preserved area is riparian habitat as defined in Chapter 16.30 of the Pima County Code. Such lot size modifications are available only where an area of riparian habitat and undisturbed natural areas will be owned by a homeowners association and preserved from alteration by recorded covenants running with the land enforceable by the county. The sum total of square feet by which the area of each lot in the subdivision is reduced shall not exceed the square feet of the preserved area. No more lots shall be allowed by the reduction than would be allowed without the reduction.
a. Minimum lot size requirements for lots in a CR-1 or GR-1 subdivision may be reduced from thirty-six thousand square feet to eighteen thousand square feet;
b. Minimum lot size requirements for lots in a CR-2 subdivision may be reduced from sixteen thousand square feet to twelve thousand square feet;
c. Minimum lot size requirements for lots in a CR-3 or CMH-1 subdivision may be reduced from eight thousand square feet to seven thousand square feet.
3. Off-Street Parking. The subdivision and development review committee may modify off-street parking requirements, pursuant to Chapter 18.75, when it is demonstrated that such adjustment will not result in a danger to persons or property or in increased traffic.
4. Bufferyard Requirements. The number of trees in bufferyards required pursuant to Chapter 18.73 may be reduced up to fifty percent when riparian habitat in an area regulated by the Pima County flood control district pursuant to Chapter 16.30 is preserved. The number of required bufferyard trees may be reduced at the rate of one bufferyard tree per three hundred square feet of preserved riparian vegetation. Measurement of the riparian vegetation shall be done by aerial canopy coverage or an alternative means acceptable to the county. The measurement of the square footage of the riparian vegetation shall be rounded up or down to a whole number using three hundred as the base number. (For example, four hundred thirty square feet shall equal one tree, while seven hundred eighty square feet shall equal three trees.)
5. An owner or a developer may request additional development standard modifications which promote the purposes of Chapter 16.30. Any such request shall be reviewed subject to statutory or ordinance provisions, including the appeals process or a development agreement approved by the board.
(Ord. 1998-52 § 1, 1998; Ord. 1994-113 § 1, 1994)