A. General requirements for exceptions:
1. Exceptions to the requirements of the performance standards in Section 18.67.050 may be granted by the Pima County design review committee (DRC), except as otherwise noted in this section, when, due to the natural conditions of the site or other conditions beyond the control of the property owner, the performance standard would impose an undue hardship.
2. Procedure:
a. The applicant for an exception shall document and justify requested exceptions. The planning director, in consultation with the county engineer and the adjacent public preserve manager, or their authorized representatives, shall review the request and make a written recommendation to the DRC.
b. The DRC may grant exceptions to performance standards after a public hearing with notice to owners of property within 300 feet of the site.
c. The decision of the DRC may be appealed to the board of supervisors at a noticed and advertised public hearing. Written notice shall be provided to owners of property within 300 feet of the site.
3. Standards. An exception may not be granted unless:
a. The application demonstrates that the wildlife habitat value or visual quality of a land parcel is not diminished;
b. The exception will not be detrimental to the nearest public preserves; and
c. The exception is in harmony with the purpose of this code and chapter as well as the provision of this chapter from which the exception is requested.
4. Conditions. Conditions may be imposed on an exception that will:
a. Secure the purpose of this code and chapter as well as the provision of this chapter from which the exception is granted; and
b. Provide adequately for the protection of the nearest public preserves.
B. Exceptions to setback requirement (Section 18.67.050.G).
1. If a land parcel existing on August 11, 1998, and legally conforming to the development standards of the underlying zone, cannot be used because of the structure setback, then the land parcel shall be allowed a single dwelling unit, provided that all other applicable requirements of this chapter and code are met.
2. If a land parcel existing on August 11, 1998, and legally conforming to the development standards of the underlying zone, does not have reasonable access because of the setback, the private driveway or road may be located closer to the public preserve, provided that the planning director, after consultation with the manager of the nearest public preserve, determines that it is the minimum setback necessary to afford relief.
3. The property owner may appeal the decision of the planning director to a board of adjustment in the same manner as an appeal from a decision of the zoning inspector (refer to Chapter 18.93).
4. Signage within the setback shall conform to Chapter 18.79 (Sign Standards). Internally illuminated signs shall be designed to allow only the illumination of the sign copy. The source of illumination for internally illuminated signs shall not be visible from the public preserve.
5. A structure within three hundred feet of a public preserve shall have minimal visual impact and shall be designed to be in harmony with the form, line, color, texture and scale of the existing landscape.
C. Exceptions for Habitat Restoration or Enhancement.
1. Where determined to be biologically appropriate because of ecological benefits, requests for special exceptions to the performance standards of Section 18.67.050, including limited reductions in natural open space requirements, may be granted by the board of supervisors, after review by the adjacent public preserve manager, in exchange for restoration or enhancement of Class I and II riparian or upland habitat, which provides, in the opinion of the Board, an equivalent satisfaction of the purposes of this chapter.
2. Detailed plans for proposed restoration or enhancement shall be provided. The plans shall include:
a. A description of existing habitat and quantification by a standard biological technique of biological value;
b. A proposed restoration/enhancement program;
c. The quantification of biological value of the proposed plan as compared to the existing situation pursuant to paragraph a of this subdivision;
d. Short-term and long-term maintenance plans; and
e. Specific known examples of the successful application of such techniques as they relate to the species proposed for planting in a given location such as riparian or upland habitat.
3. Such requests, and a determination of appropriate incentives, if any, shall be considered pursuant to Section 18.67.060.A.
D. Variances to natural open space requirements (Section 18.67.050.N). A request for a variance may be made to the board of adjustment to reduce the minimum natural open space requirement for a single-family detached dwelling on a lot or parcel of five acres or less in accordance with the standards and procedures of Chapter 18.93 (Boards of Adjustment).
(Ord. 1998-51 § 3, 1998; Ord. 1988-116 § 1 (part), 1988)