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Special Exception Land Uses are often desirable but may have detrimental effects on
properties or neighborhoods or on the surrounding community if not properly designed and controlled. Special Exception Land Uses are uses that are not allowed by right within a
but are permitted if approved through a particular review process. A special review of these
is necessary to ensure that avoidable problems or hazards are not created and that such uses are consistent with the intent of this section and the
under which they are permitted.
Depending on the proposed use, a Special Exception Land Use application is processed in accordance with the PDSD
, Zoning Examiner, or the Mayor and Council Special Exception Procedure.
A. Applicability
The PDSD
Special Exception Procedure applies to those uses identified in Section 4.8 (Use Tables) as requiring processing in accordance with the PDSD Special Exception Procedure.
B. Application
An application must be submitted to the PDSD to process the request. See the Administrative Manual for application submittal requirements. Applications shall be reviewed for completeness in compliance with Section 3.2.3.A.
C. Review and Decision
D. Appeals
A
may appeal the PDSD
’s decision to the Board of Adjustment (B/A). Appeals must be filed in accordance with Sections 3.10.1 and 3.10.2. A notice of intent to appeal must be received by the PDSD within five
of the effective date of the decision. The complete appeal materials must be filed within 30
of the effective date of the decision.
E.
Within the
Environs
(AEZ)
1. Special exception uses within the AEZ and
within the AEZ requesting to exceed the limits of the performance standards as set forth in Section 5.6.8.A, B, and C are processed in accordance with the PDSD
Special Exception Procedure; and,
2. These special exception applications shall be analyzed for:
a.
with Tucson
or DM base operations;
b. Proximity to the end of the runway;
c. Location in relationship to major flight tracks; and,
d. Compliance with the intent of the DM Joint
Study.
(Am. Ord. 11732, 2/19/2020)
A. Applicability
The following uses are processed in accordance with the Zoning Examiner Special Exception Procedure:
1. Those uses identified in Section 4.8 (Use Table) as requiring processing in accordance with the Zoning Examiner special exception procedure;
2. Expansions of
; and,
3. Substitutions of
if the proposed use is not within the same
class as the existing use.
B. Pre-Application Conference Required
A pre-application conference with
staff is required in accordance with Section 3.2.1.
C. Neighborhood Meeting Required
The applicant is required to conduct a neighborhood meeting and provide notice of the meeting in accordance with Section 3.2.2.
D. Application and Notice (Mailed and Posted) Required
Submittal of an application to the PDSD is required in order to process the request. See the Administrative Manual for application submittal requirements. Applications shall be reviewed for completeness in compliance with Section 3.2.3.A and for compliance with the neighborhood meeting requirements of Section 3.2.2. Following acceptance by the PDSD, mailed and posted notice of the application is required in accordance with Section 3.2.4.
E. Review
Review is conducted by the PDSD staff and other agencies, committees or advisory boards as required by the
, and others as may be deemed appropriate by the PDSD
.
F. PDSD
Recommendation
The PDSD
shall prepare a recommendation and forward it to the applicant and the Zoning Examiner.
G. Zoning Examiner’s Public Hearing
A public hearing must be held before the Zoning Examiner within 70
of acceptance of the application. Public hearings are held in accordance with the following and the Zoning Examiner’s rules and procedures.
1. The Zoning Examiner shall administer oaths and may compel the attendance of witnesses and the production of relevant information, including witnesses requested by any
.
2. The Zoning Examiner may impose any reasonable limitations on the number of speakers heard and may establish the nature and length of testimony by speakers.
3. Comments may be given by any
, either verbally or in writing.
4. A record of the hearing must be made and retained as a public record.
5. The Zoning Examiner may close the public hearing, or continue the public hearing to a specified time, date, and place. A continuance may not be for more than 30
.
H. Zoning Examiner’s Decision
I. Appeal
The Zoning Examiner’s decision may be appealed to the Mayor and Council by any
in accordance with Section 3.9.2 by submitting a notice of intent to appeal to the City Clerk within 14
from the effective date of the decision with a copy delivered to the PDSD. The complete appeal materials must be filed with the City Clerk within 30
of the effective date of the decision.
J. Change in Condition of Approval
An applicant may request a change in a condition of approval of a Zoning Examiner Special Exception Land Use. The request must be submitted to the PDSD and reviewed by the PDSD staff for recommendation to the Zoning Examiner. The request is then considered at a public hearing in accordance with procedures in this Section 3.4.3.
(Am. Ord. 11127, 11/6/2013)
A. Applicability
The Mayor and Council Special Exception Procedure applies to those uses identified in Section 4.8 (Use Table) as requiring processing in accordance with the Mayor and Council Special Exception Procedure.
B. Application Processing
1. Mayor and Council special exceptions applications are processed in accordance with the Zoning Examiner special exception procedure, Sections 3.4.3.B - H, and the following.
2. The Zoning Examiner shall forward a recommendation with findings, and when applicable, conditions on the proposed use to the Mayor and Council for decision.
3. Any
may request that the application be heard at a public hearing before the Mayor and Council if the request is filed with the City Clerk within 14
after the date of the Zoning Examiner’s public hearing or reconsideration public hearing. Notice of the public hearing must be provided in the same manner as the notice provided for the Zoning Examiner’s public hearing.
4. The Mayor and Council shall make a decision to approve, approve with conditions as provided in Section 3.4.6 below, or deny the application.
(Am. Ord. 11127, 11/6/2013)
A. Findings for all PDSD
and Zoning Examiner Special Exceptions
To grant a special exception the PDSD
and the Zoning Examiner must find that the requested special exception:
1. Meets the standard expressly applied by all adopted by all codes and regulations for that type of
or for the
class applicable to the proposed use;
2. Does not adversely affect
or the surrounding neighborhood or that such adverse effects can be substantially mitigated through the use of additional conditions as provided in Section 3.4.6;
3. Provides for adequate and efficient vehicular and pedestrian access and circulation and vehicular parking;
4. Can be adequately and efficiently served by public facilities and services, such as water, storm water drainage, fire and police protection, and solid and liquid waste disposal and/or collection as may be required by the various public and private agencies; and,
5. Complies with the
and any applicable sub-regional, area, or neighborhood plan.
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