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A. The purpose of this chapter is to establish standards for hillside areas which conserve and maintain the character, identity, and image of Pima County and promote the public health, safety, convenience and general welfare by:
1. Conserving the unique natural resources of hillside areas;
2. Permitting intensity of development (density) compatible with the natural characteristics of hillside terrain, such as steepness of slope and significant land forms;
3. Reducing the physical impact of hillside development by encouraging innovative site and architectural design, minimizing grading, and requiring more intense restoration of graded areas;
4. Minimizing disturbance of existing drainage patterns and soil erosion problems incurred in development alteration of hillside terrain;
5. Providing safe and convenient access to hillside development; and
6. Ensuring the efficient expenditure of public funds.
B. The purpose of the Hillside Development Manual, a companion document adopted by resolution of the board of supervisors, is to promote compliance with this chapter by establishing technical requirements, implementation standards, guidelines, and procedures.
(Ord. 2000-52 § 1 (part), 2000)
A. Certain terms used in this chapter shall be defined for purposes of this chapter only, as follows:
1. Development. Any human alteration to the existing state of the land, including its vegetation, soil, geology, topography or hydrology for any commercial, industrial, residential or accessory facilities, or any other use, including any and all utilities, sewers, septic systems and circulation areas, such as streets, private roads, parking areas or driveways.
2. Divide. To separate an existing land parcel into two or more land parcels.
3. Grading. The clearing, brushing, grubbing, excavating, or filling of a site.
4. Land parcel. An area of land with boundaries recorded in the Pima County recorder's office.
5. Mitigation. The replacement and/or restoration of a damaged or disturbed site feature or a high resource value element on-site to a condition that replicates the natural undisturbed condition that historically existed on-site or in the neighborhood. (See also Restoration).
6. Natural area. A land area, unimproved and not occupied by any structures or man-made elements, set aside for the conservation of permanent, undisturbed open space.
7. No practicable alternative. When used, the term means that the property owner has demonstrated to the satisfaction of the planning official that due to physical conditions existing on the property, compliance with the requirements of a section cannot reasonably be practically or functionally achieved.
8. Peak point. The single highest elevation spot of a peak from which the protected area is measured.
9. Perimeter exposed fill slope. For a development category 1 or 2 project on the grading requirements table, the outward most, outward facing exposed fill slope located on or adjacent to the project property line, or located on the perimeter of the project's mass graded area.
10. Perimeter wall. For a development category 1 or 2 project on the grading requirements table 18.71.054-1, the outward most, outward facing free standing wall which may be located on or adjacent to the project property line, within a bufferyard, on or adjacent to a perimeter exposed slope, or on the perimeter of a mass graded area.
11. Practicable alternative. When used shall mean an alternative that is functionally and environmentally acceptable, can be practically and functionally achieved, and in conformance with the purpose provisions of Section 18.61.010 as demonstrated to and confirmed by the planning official.
12. Project site. An area consisting of one or more land parcels that is planned, reviewed and developed as a unified project, including designated natural areas.
13. Protected area of a peak. The circular area defined by a 150-foot radius (map distance) from the peak point.
14. Protected area of a ridge. The oval area defined by lines running parallel to and on either side of the ridge line at a map distance of 150 feet, combined with and terminating at a 150-foot radius (map distance) from the end points. For all previously adopted ridge lines, the protected area is the area depicted on the maps.
15. Restoration. The process of repairing a previously disturbed, damaged, or graded site area or site feature and replicating its previously undisturbed, undamaged, or ungraded condition of vegetation, plant communities, geologic structures, grade, drainages, and riparian habitat that historically existed on site or in the neighborhood. Restoration of previously disturbed areas will include enhanced revegetation, and may include corrective grading, natural and artificial rock, and top dressing.
16. Ridge line. A ground line running center and parallel to the long axis of a ridge, designated by the identification of two end points.
17. Structural development perimeter. A generally contiguous area on site defined by the outer surfaces or edges of curbs, walls, paving areas, utilities, and individual septic systems.
18. Twenty-five percent (25%) or greater slope(s). When the term is used it shall apply to any twenty-five percent (25%) or greater sloped area on a parcel, lot, or project site which is both longer than 50 feet when measured in any horizontal direction and greater than 7.5 feet when measured vertically.
(Ord. 2003-17 § 1 (part), 2003; Ord. 2000-52 § 1 (part), 2000; Ord. 1998-50 § 1, 1998)
A. Applicable Lands.
1. This chapter applies to any land parcel, lot, or project site containing slopes of fifteen percent (15%) or greater, which are both longer than fifty feet (50') when measured in any horizontal direction and higher than seven and one-half feet (7.5') when measured vertically.
2. This chapter does not apply to a lot that is located within a subdivision for which a complete tentative plat was filed with the county between August 11, 1998, and July 7, 2000, and for which the final plat has been recorded within 18 months after July 7, 2000. All lots on the final recorded plat shall comply with the grading requirements of Chapter 18.61 in effect prior to July 7, 2000, except that grading on all lots in a nonmass graded subdivision are subject to the grading requirements of section 18.61.054G of this ordinance.
B. Prohibited Development.
1. A rezoning to TR, RVC, CB1, CB2, CPI, CI1, CI2 or CI3 zone is not permitted on a land parcel, lot, or project site having an average cross slope of fifteen percent (15%) or greater.
2. Nonresidential conditional uses (refer to Chapter 18.97) within a rural or residential zone are not permitted on land parcels, lots or project sites having average cross slopes of fifteen percent (15%) or greater.
3. A rezoning for residential uses with overall densities greater than 1.20 residences per acre is not permitted on land parcels with an average cross slope greater than fifteen percent (15%) prior to the exclusion of any natural area.
(Ord. 2003-17 § 1 (part), 2003; Ord. 2000-52 § 1 (part), 2000)
A. Initiation of Protection for Peaks and Ridges. The designation of protected areas for certain peaks and ridges shall be initiated by the board of supervisors or the planning and zoning commission or as part of the comprehensive plan update program (refer to Section 18.89.050).
B. Criteria for Evaluation. Peaks and ridges shall be evaluated for designation as protected areas using the following criteria:
1. The peak point or ridge line lies within one mile of a public preserve;
2. The peak point or ridge line is within 300 feet of land subject to the buffer overlay zone (Chapter 18.67);
3. The peak or ridge is a dominant feature in the surrounding landscape or constitutes a significant linking element of such geographic feature;
4. The peak or ridge is an extension of a mountain, major hill or ridge, or other significant terrain feature, from a designated public preserve.
5. The peak or ridge is visible from a scenic route or a road leading to a designated trailhead;
6. The peak or ridge is visible to the community at large.
C. Level One and Level Two Designation. The board of supervisors shall designate protected peaks and ridges as level one or level two protected areas based upon their prominence and visibility to the community at large, with level one protected peaks and ridges being the most prominent and dominant.
1. A level one peak or ridge has communitywide viewshed significance based on the criteria one through six.
2. A level two peak or ridge may meet one or more of the criteria one through six. A level two peak or ridge shall include a topographic feature that has dominance in a local neighborhood area and has some degree of local viewshed significance. However, unlike a level one peak or ridge, a level two peak or ridge does not have communitywide view-shed significance or the likelihood for future inclusion into a public preserve.
3. Development is prohibited in level one protected areas, except as permitted by this chapter.
4. View mitigation standards shall be complied with for all development in level two protected areas in accordance with this chapter.
5. All protected peaks and ridges adopted prior to the effective date of this ordinance are designated as level one protected areas.
D. Public Notice Procedure for Designation.
1. Planning and zoning commission public hearing: A minimum of fifteen (15) days prior to the hearing, the planning division shall provide notice by:
a. Publication once in a newspaper of general circulation in the county seat;
b. Posting of the property or area to be considered at the hearing; and
c. Mailing written notice to all property owners of the proposed protected peak or ridge, as defined by its proposed protected area, and all property owners within a minimum 1,000 feet of the proposed protected area.
2. Board of supervisors public hearing. As required for the commission.
3. Expansion of notice. The commission or supervisors may expand the notification area to greater than 1,000 feet, which shall be noticed prior to a public hearing.
4. Failure to provide notice. Notice is based on the ownership of the property as shown on the county assessor records. The unintentional failure to give written notice to a property owner or the unintentional omission of the name of a property owner shall not invalidate an action of the commission or supervisors.
E. Map Notation. Protected peaks and ridges, and their protected areas, shall be shown on county zoning maps by their underlying zone designation plus the suffix PR-1 for level one features and PR-2 for level two features.
(Ord. 2003-17 § 1 (part), 2003; Ord. 2000-52 § 1 (part), 2000)
A. Development Restrictions in and near Protected Areas.
1. All development is prohibited within the protected area of a peak or ridge except with a special use permit, level two permit, or addition permit as provided in this chapter.
2. On land parcels approved for rezoning after August 11, 1998, all development is further prohibited within one hundred fifty feet (map distance) from a level one protected area.
3. All development within a level two protected area must comply with the level two protected area mitigation standards as provided in this chapter.
B. Color Requirements in and near Protected Areas. All exposed exterior walls and roofs of buildings (unless a roof is screened by a parapet wall extending at least three feet above the building), retaining walls, accessory structures, roads and utility structures located within the protected area of a peak or ridge or within a horizontal radius (map distance) of three hundred fifty feet from the protected area of a peak or ridge shall be earthtone in color to blend with the natural setting. Colors shall not exceed a light-reflective value of thirty-eight percent. The earthtone color palette is below in Section 18.61.041(C)(7).
C. Level Two Protected Area Mitigation Standards. All development within the level two protected area shall be reviewed for a level two permit with the following standards:
1. Native trees and shrubs shall be planted and spaced in at most twenty foot intervals to screen all building walls. An alternative vegetation that would achieve the same results may be used if approved by the planning official or his assigned designee. In all cases, fifteen-gallon plants or larger shall be used, and they must be connected to an irrigation system;
2. Roadway edges shall be revegetated in accordance with Section 18.61.055;
3. Building height shall not exceed eighteen feet;
4. Roof mounted antennas shall not be visible above the roofline;
5. Development activity shall comply with Section 18.61.042(C)(3)(c) through (f);
6. Lighting shall be in accordance with the county outdoor lighting code (Title 15); and
7. Building wall colors shall be earthtone and selected from a color palette of browns, adobes, rusts, tans, beiges, sepias, olives, mauves, and grays.
8. The width of a private driveway that must cross the protected area of a level two protected peak or ridge shall not exceed ten feet, and the width of a private roadway providing two-way access that must cross the protected area of a level two protected peak or ridge shall not exceed eighteen feet.
9. All utilities that cross the protected area of a level two peak or ridge shall be underground, with no accessory utility structures allowed within the protected area of the peak or the ridge, and the pathway to construct and install the utilities shall be completely revegetated.
D. Development Review Adjacent to Protected Peaks or Ridges.
1. When development is proposed within three hundred fifty feet of a level one or level two protected area, the developer shall submit to the development services department a topographic map (scale no smaller than one inch equals one-hundred feet with ten-foot contour intervals) delineating the protected area of the peak or ridge, the peak point or ridge line, and elevations.
2. This map shall be submitted in conjunction with a grading plan for building permit review purposes, tentative plat or development plan. This requirement shall also apply when a road or development is proposed within a protected area, subject to the granting of a special use or an addition permit in accordance with Section 18.61.042.
E. Site Design Guidelines for Level Two Peaks and Ridges. Development within the level two protected area shall be guided by the adopted Site Design Guidelines for Level 2 Peaks and Ridges.
(Ord. 2011-2 § 14, 2011; Ord. 2004-21 § 1 (part), 2004; Ord. 2003-17 § 1 (part), 2003)
A. Special Use Permit within Level One Protected Areas of Peaks or Ridges.
1. The board of supervisors may grant a special use permit for development within the protected area of a level one protected peak or ridge when such development can be proven by the developer to serve a need that outweighs the need for the restrictions of Section 18.61.041(A).
2. No permit shall be issued that:
a. Is contrary to the purpose and intent of this chapter;
b. Allows a use not allowed on a property by other chapters of this code; or
c. Allows a use that substantially injures the use of adjacent property conforming to the restrictions of this chapter.
3. Grounds for issuing a special use permit shall not include:
a. That the issuance of the permit would allow a more profitable use; or
b. Any condition resulting from a division of land parcels made after July 1, 1976.
4. The supervisors may place conditions on the permit to carry out the purpose and intent of this chapter.
5. The permit shall be void if not used to obtain building permits within two years of its issuance. The permit shall run with the land, but only after the construction of any authorized structures.
B. Addition Permit within Level One Protected Areas of Peaks and Ridges.
1. An addition permit may be granted so long as the main use is permitted and is a legal nonconforming use within a level one protected area.
2. An addition permit applies to an addition to the property such as additions to the main use, accessory structures and uses, including guest houses, swimming pools, walls and similar structures within level one protected areas of protected peaks or ridges in accordance with the provisions of this subsection if the main structure or use is a permitted dwelling. The granting of an addition permit shall not waive or modify any applicable building or fire codes.
3. Standards. The director of the development services department or an assigned designee may grant an addition permit only after a finding is made that the visual impact can be minimized by applying all the following standards and only conditioned upon all the standards being addressed:
a. The height of the property addition shall not exceed the highest point in elevation of the main dwelling;
b. The addition shall be located in such a manner that views of the prominent land forms, unusual stands of vegetation, and public preserves are not obstructed. If the addition cannot be reasonably and practicably located as required by this section, the addition shall result in the least reasonably possible obstruction of such viewshed;
c. Drainage from the property addition shall not adversely affect adjoining properties and public rights-of-way;
d. The property addition shall not significantly interfere with the air temperature/solar radiation orientation of buildings on adjoining properties;
e. The location of the property addition shall not impose objectionable noise levels or odors on adjoining properties;
f. No additional utility poles shall be erected. All utilities shall be underground.
4. Notice to owners of affected properties.
a. Mailed notice including a sketch plan shall be sent to property owners within one thousand feet of the subject property;
b. The director of the development services department or an assigned designee may waive the giving of notice, if the applicant submits written consent of the addition permit by all property owners of affected property as defined in Section 18.61.042(C)(4)(a) above.
5. Decision by the director of development services or an assigned designee.
a. The director of the development services department or an assigned designee shall review all the submitted information and provide a written response to the applicant;
b. The response shall state the reasons for the decision if the request is denied;
c. If the director of the development services department or an assigned designee approves the permit, it may be issued for the property addition.
6. Appeals or referrals to the board of adjustment.
a. The applicant may appeal the decision of the director of the development services department or an assigned designee to the applicable board of adjustment in accordance with Section 18.93.030 to be treated as a variance request.
b. If a protest to a proposed addition within the protected area of a peak or ridge is submitted in writing within fifteen days of the date of the mailing of notice by an owner of affected property, as specified above, the director of the development services department or an assigned designee shall refer the application to the board of adjustment to be heard in accordance with Section 18.93.030. Protests shall be based solely upon characteristics of the proposed property addition.
7. The director of the development services department or an assigned designee may refer any application to the board of adjustment to be heard in accordance with Section 18.93.030.
8. A separate fee is required for appeals filed with the board of adjustment in accordance with the standard fee for variance applications (as specified in the Planning and Development Services Fee Schedule).
(Ord. 2003-17 § 1 (part), 2003)
A. Submittal Requirements. A request for a special use permit or addition permit for development within a level one protected area of a peak or ridge shall be made on an application form provided by the development services department. The application shall include the following:
1. A legal description of the subject site;
2. Signatures of the property owners of record or the authorized agent of the owner;
3. Letter of authorization if the property owner is represented by an agent;
4. A site plan showing color of proposed development, existing and proposed buildings and structures, access driveways, parking, utility easements, and distances from buildings and structures to property lines as well as to other buildings and structures;
5. An elevation drawing showing all existing and proposed buildings or structures and their building heights;
6. A revegetation plan (including rip-rapping) showing existing vegetation, graded areas to be revegetated, the manner of revegetation and revegetation time schedule;
7. A statement describing the ability and intent of the property owner to apply for necessary county permits within nine months of receiving approval of an addition and within two years of receiving a special use permit;
9. Any other information required by the development services department as reasonably necessary to evaluate the application;
10. An application fee in accordance with the planning and development services fee schedule.
B. Public Notice for Special Use or Addition Permits within Level One Protected Areas of Peaks and Ridges.
1. Public notice and meeting for level one special use permit. The request for a level one special use permit shall be considered by the board of supervisors at an advertised public hearing with mailed notice to owners of property within 1,000 feet of the subject protected area.
2. Public notice for level one addition permit. Pima County shall mail notice, including copies of the submitted sketch plan, to owners of property within 1,000 feet of the applicant's property lines. The director of the development services department or an assigned designee may waive the giving of notice if the applicant submits written consents to the modification signed by all owners of property within 1,000 feet of the applicant's property lines.
3. Failure to provide notice. Notice is based on the ownership of the property as shown on the county assessor records. The unintentional failure to give written notice to a property owner or the unintentional omission of the name of a property owner shall not invalidate an action of the committee, commission, or supervisors.
(Ord. 2003-17 § 1 (part), 2003)
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