3.4.2. PDSD DIRECTOR SPECIAL EXCEPTION PROCEDURE

   A.   Applicability

   The PDSD Director Special Exception Procedure applies to those uses identified in Section 4.8 (Use Tables) as requiring processing in accordance with the PDSD Director 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

   PDSD Director Special Exceptions are processed in accordance with the 100' Notice Procedure, Section 3.3.4. Approval shall be granted if the PDSD Director finds the proposal is in compliance with the findings provided in Section 3.4.5. The approval may be subject to conditions as provided in Section 3.4.6.

   D.   Appeals

   A party of record may appeal the PDSD Director ’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 days of the effective date of the decision. The complete appeal materials must be filed within 30 days of the effective date of the decision.

   E.   Projects Within the Airport Environs Zone (AEZ)

      1.   Special exception uses within the AEZ and projects 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 Director Special Exception Procedure; and,

      2.   These special exception applications shall be analyzed for:

         a.   Land use  compatibility with Tucson airport 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 Land Use Study.

(Am. Ord. 11732, 2/19/2020)