A. Exceptions.
1. Design Review Committee (DRC). The DRC may grant exceptions to some of the large scale retail establishment, regional, neighborhood, and small shopping center development standards sections of this chapter if the DRC finds that the alternative plan provides the same or greater mitigation upon the development's impact upon surrounding properties, traffic and the community as the current standards. Examples of physical site constraints that may warrant an exception include the protection of riparian habitat, undisturbed natural area, prominent stand of vegetation, topographic features or the existence of a residence that is setback greater than the current setback standard.
a. The DRC decision accepting alternative mitigation may be appealed to the board of supervisors within 20 days of the of the committee's decision by the applicant or by property owners within 300 feet.
2. Self-storage. When a large scale retail establishment or a regional, neighborhood, or small retail center is combined with a self-storage use, the self-storage use shall not be calculated as part of the large scale retail establishment or regional, neighborhood, or small retail center's development scale standard.
3. Board of Supervisors.
a. The board of supervisors may allow a large scale retail establishment or regional retail center in the CB-1 zone after a noticed public hearing as defined in section 18.91.060B, Public Notice. Consideration should include:
1) Whether the subject property meets the development standards contained in 18.39.030C.
2) Whether the development generates traffic which causes adjacent roadways and intersections to exceed level of service "D."
4. Specific Plans. To the extent the development standards contained in the specific plan conflict with the standards in Chapter 18.39, the specific plan's development standards shall control.
5. Existing Development: The following shall be exempt from the development standards and provisions in Chapter 18.39:
a. Development for which a building permit has been issued and substantial construction commenced prior to the effective date of this chapter;
b. Development completed in compliance with a building permit; and
c. Development plans approved by Pima County or under review on or before the effective date of this Chapter 18.39.
(Ord. 2001-165 § 1 (part), 2001)