§ 17.24.070. Uses to be located on lots where average slope exceeds 30%.

(a)

Purpose and intent. The purpose and intent of the regulations contained in this Section shall be to:

(1)

Protect the scenic value of hillsides from destruction of the natural topography, topographic features and vegetation;

(2)

Protect the public from potentially hazardous conditions, such as slope failure, due to steep grades;

(3)

Protect natural drainage ways and prevent the scarring of hillsides and soil erosion which result from grading, cuts and fills; and

(4)

Encourage planning, design and development of buildings and building sites so as to provide maximum safety and human enjoyment while adapting development to, and taking advantage of, the best use of the natural terrain.

(b)

Applicability.

(1)

These regulations shall apply to applications for permits to engage in development on a lot or parcel in any district where the natural terrain of the lot or parcel, or any portion thereof, has a slope of thirty percent (30%) or more, after deduction of land having a slope of forty percent (40%) or more.

(2)

In determining slope, the following formula shall be used:

		0.0023 x I x L
S	=	A
Where S	=	average percent slope of site, after deducting any portion of the site having a slope of 40% or more.
I	=	contour interval, in feet.
L	=	summation of length of contour lines, in feet.
A	=	area of parcel being considered, excluding the 40% and greater slope area, in acres.

 

(3)

The provisions of this Section shall not apply to any structure or use existing on the date of adoption of this Code, provided that, when such a use shall be discontinued for six (6) months or more, or a structure is damaged or destroyed to the extent of at least fifty percent (50%) of the appraised value, any reuse, reconstruction or replacement of such structure shall be deemed a new use and shall be subject to the provisions of these regulations.

(4)

Any alteration, addition or repair to any existing structure which involves the addition of five hundred (500) square feet or more, or one-half (½) of the existing square footage, whichever is less, to the structure shall be subject to the regulations of this Section.

(c)

Reports and studies required.

(1)

No person shall engage in any development or activity on any lot or parcel covered by these regulations without first obtaining a special use permit. Any application for a permit to conduct a development or activity on such lot or parcel shall not be considered complete or be accepted unless and until it is accompanied by the following:

a.

All applicable information concerning the site and the proposed development as listed in the Appendices to this Title;

b.

A tentative grading plan indicating the location and extent of proposed cuts and fills;

c.

A statement concerning the compliance or noncompliance of the proposed development with the applicable provisions of this Section. Such statement need not include any representations or certifications concerning potential use or structures on the site which involve actions by future users, occupants or owners of the property, which actions are not within the ability of the certifying party to attest to or control.

(2)

All engineering work prepared under the requirements of this regulation shall be prepared by or under the responsible direction of a registered professional engineer, who shall be experienced and competent in the engineering specialty required to meet the objectives of this regulation.

(d)

Guidelines for permit approval.

(1)

Any use which is allowed as a permitted use or a special use in the underlying district shall be permitted on a lot subject to the requirements of this Section, except that no use involving a structure shall be permitted on any land having a cross-slope of forty percent (40%) or more.

(2)

In no case shall the Planning Commission place restrictions on a lot which will result in the use of land with less than forty percent (40%) slope being unreasonably withheld.

(3)

The maximum building coverage on any site subject to these regulations and guidelines shall be determined by the following formula:

Percent building coverage = 80 - (2 x average slope*)

* as calculated in Section 17.24.070(b)(2)

(4)

In order to maintain the original terrain and natural features of a site, insofar as is possible, the following criteria and guidelines shall apply:

a.

Natural slope lines, as seen in profile, should be retained.

b.

Where practicable, the historic character and features of a site - old buildings, retaining walls and other signs of the past - should be respected and retained.

c.

Cuts, fills, grading and scraping of the site should be confined to the minimum area needed for construction.

d.

Topsoil should be removed and saved prior to any grading or excavation and replaced for revegetation.

e.

Natural vegetation should be retained and protected wherever feasible.

f.

Natural features, including, but not limited to, rock outcroppings, major trees and tree belts, and drainage courses, should be protected and retained wherever possible.

g.

Buildings should be stepped up or down the hillside whenever possible, rather than being placed on a building pad created by excavation or fill.

(5)

In order to control or prevent erosion of soil and destruction of natural drainage way, the following shall apply:

a.

Any necessary cuts and fills shall be adequately designed, engineered and vegetated to control runoff, erosion and the stability of the entire mass.

b.

Natural drainage patterns should be preserved and protected from increased water flows or rates of flow which could alter such patterns or subject existing channels and adjacent areas to increased erosion.

(6)

The following guidelines shall apply to roads, driveways and parking areas:

a.

Access drives, driveways and roads should follow natural topography wherever possible to minimize cutting, filling, grading and erosion;

b.

On-street parking shall not be permitted. Parking areas provided on-site should be on the uphill side of the lot, behind buildings, or enclosed.

(7)

Clustering or grouping of buildings to utilize common accessways, save open areas, and preserve the natural terrain shall be encouraged.

(8)

Buildings should be kept back from roads, away from the ends of cul-de-sacs and from the ends of streets ending at the base of the hill, and away from the direct view of motorists going around bends in the road.

(9)

Building design, materials and colors should blend with the natural surroundings. Buildings should reflect the scale and proportion of surrounding trees, and as seen on the face of the hillside, should appear higher than they are wide.

(10)

Rooftop utilities should be avoided, or should be screened or otherwise integrated into the rooftop.

(11)

Building foundations should blend with the color and texture of the hillside, and stone terracing should be used wherever such support is required.

(Ord. 320 Art. VI(F), 1981; Ord. 2 §1, 2003)