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Hardship Exemptions

On April 20, 2004, the Scottsdale City Council adopted the third set of revisions to the Environmentally Sensitive Lands Ordinance (ESLO 2004), which became effective May 21, 2004. As a part of these revisions, a procedure was established that allows property owners to apply for a hardship exemption from the requirements of this newest version of ESLO (refer to Section 6.1022.D).

D. Hardship/exemption provisions - Upon an application by a property owner claiming that the application of an ESL amendment causes hardship, City Council may allow a property to develop, under a previously adopted requirement of ESL, upon findings that:
  1. A substantial hardship is demonstrated that would significantly reduce the ability to use a parcel (s).
  2. The exemption will be consistent with the intent and purpose of the Environmentally Sensitive Lands Ordinance, and
  3. The application of the new ESL standards would not achieve significant benefit for the protection of the environment and the community.

Hardship Exemption
Resources

Approval Process

Pre-Application

Hardship Exemption
Application Form
(pdf / 85 kb / 4 pgs / 5-20-04)

Hardship Exemption Cases


ESLO Versions

ESLO 2004
Effective 05-21-04
(pdf / 300 kb / 33 pgs / 5-05-04)

ESLO 2003
Effective 05-01-03
(pdf / 442 kb / 30 pages)

ESLO 2002
Effective 01-31-02
(pdf / 389 kb / 79 pgs)

ESLO 1991
Adopted in 1991
(pdf / 1.5mb / 47 pgs)

If an applicant can demonstrate to the City Council that a hardship is created by the requirement to comply with the new regulations and that relatively little impact will occur from the exemption, then they may be allowed to follow specific regulations of an earlier version of the ESLO. Under no circumstances will an exemption be allowed where the property owner’s proposal does not comply with that standard in a previously adopted version of the ESL Ordinance.

Hardship Exemption Approval Process:

  1. Applicant submits pre-application.
  2. Pre-application meeting is scheduled to discuss project and give the applicant all forms necessary for application.
  3. All forms are submitted and application fee is paid.
  4. Case file is set-up and staff reviews information.
  5. Staff sends out a "Heads-up" postcard to all property owners within 750 feet of the property.
  6. Staff sends 1st review letter to the applicant requesting any additional information.
  7. Applicant submits information.
  8. Staff schedules the case for a City Council meeting.
  9. Staff posts a hearing sign on the property.
  10. Staff sends a hearing postcard to all property owners within 750 feet of the property.
  11. The case is included in a legal notice to the newspaper.
  12. Staff submits a report to the City Council on this application with a recommendation based on the Zoning Ordinance findings.
  13. The case is approved or denied at the City Council hearing.

For more information on the ESLO Hardship Exemption process and procedures, call the Planning & Development Customer Relations Division at 480-312-7800 or e-mail planninginfo@scottsdaleaz.gov .