§ 155.230 DEVELOPMENT STANDARDS BY SENSITIVE AREA.
   These standards are provided to ensure that any development proposed wholly, or in part, within a sensitive area recognizes the physical and environmental constraints of the development site. These standards shall supplement, and are in addition to, other development standards provided by this chapter.
   (A)   Areas of steep slope.
      (1)   No building or structure (except for a required public utility and necessary public roads) shall be constructed on any areas where the rise or fall of the land is equal to or exceeds 30% (1:3) over a horizontal distance of 100 feet or greater.
      (2)   For those areas where the rise or fall of the land is equal to or exceeds 20% (1:5) over a horizontal distance of 100 feet or greater development may be permitted by the city upon the review and approval of an engineering geotechnical report (see § 155.231):
         (a)   The location and description of existing natural and human-made features on and surrounding the site, including general topography and soil characteristics and a copy of the soil conservation service soil survey for the site;
         (b)   The location and description of proposed changes to the site, including any grading and excavation, vegetation removal, the location and profiles of proposed roadways, the location of proposed utility lines, the location of existing and proposed buildings and structures, and the location of all other proposed site features;
         (c)   The identification of measures proposed for soil and sediment control, including a schedule of the sequence for the installation of planned erosion and sediment control measures, including anticipated starting and completion dates; and
         (d)   Plans for the proposed vegetation of all disturbed site areas.
   (B)   Jurisdictional wetlands. No building, structure, construction, excavation or land filling shall occur on any area determined to be a jurisdictional wetland without the approval and necessary wetlands permit(s), as required by the U.S. Army Corps of Engineers.
   (C)   Areas lying within a mapped floodplain.
      (1)   All buildings, structures, construction, excavation, or land filling proposed within a mapped floodplain, as identified on the latest maps issued by Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) or located within the city’s 100-foot buffer zone shall provide an elevation certificate from a state-certified surveyor and be approved by the city’s Floodplain Manager.
      (2)   Methods of reducing flood losses:
         (a)   Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which may result in increased erosion or in flood heights or velocities;
         (b)   Require the uses vulnerable to floods, including facilities which serve such uses, to be protected against flood damage at the time of initial construction;
         (c)   Control the alteration of natural floodplains, stream channels, and natural protective barriers which help accommodate or channel flood waters;
         (d)   Control filling, grading, dredging, and other development which may increase flood damage; and
         (e)   Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
   (D)   Natural waterways. All proposed development adjacent to a natural waterway, including all rivers, streams, creeks, and natural drainage ways, shall be subject to the following, but excluding bridges, boat ramps, culverts, dams, trestles, and similar structures.
      (1)   A minimum setback of 50 feet for all structures and 100 feet for all on-site septic systems shall be required. Additional setback may be required, if necessary, as determined by the Planning Commission to avoid the possibility of any stream or water pollution.
      (2)   The stripping of any vegetation area is prohibited within the 50-foot setback.
      (3)   The mean high water mark shall be the point of reference as to the edge of the waterway.
      (4)   The introduction of concentrated sources of pollution into the waterways is prohibited including, but not limited to, septic tanks, untreated sewage, commercial and residential garbage, manure, dead animals, waste, and other hazardous materials.
   (E)   Areas of critical wildlife habitat. No development, building, structure, construction, excavation, or land filling shall occur on any area determined to be critical wildlife habitat without review and comment being received from the state’s Division of Wildlife Resources and/or the United States Fish and Wildlife Service prior to consideration by the approving body.
   (F)   Earthquake fault areas and areas prone to landslide. For those areas identified as an active or potential mapped earthquake fault and landslide areas, development may be permitted by the city upon the review and approval of an engineering geotechnical report (see § 155.231) identifying the following:
      (1)   Accurately identifying the location of earthquake faults and landslide areas;
      (2)   The location and description of proposed changes to the site, including any grading and excavation, vegetation removal, the location and profiles of proposed roadways, the location of proposed utility lines, the location of existing and proposed buildings and structures, and the location of all other proposed site features;
      (3)   The identification of measures and actions proposed to mitigate the risks from earthquake, landslides, and soil disturbance including a schedule of the sequence for the installation of planned mitigation actions, including anticipated starting and completion dates; and
      (4)   No critical facility (excluding transportation lines or utilities which by their nature may cross active faults or structures designed for human occupancy shall be built astride an active fault. No structure designed for human occupancy shall be built on a fault scarp. Footing setbacks from a fault scarp shall meet the requirements of the International Uniform Building Code. The Planning Commission may increase footing setback requirements where information from a geotechnical report indicates a slope condition warrant a greater setback distance.
   (G)   Wildfire hazards areas.
      (1)   Requirements for construction of all developments and structures.
         (a)   All new construction and any construction expanding the size of an existing structure, shall have a “fuel break” as defined below.
         (b)   A FUEL BREAK is defined as an area which is free of dead or dying vegetation, and has native, fast-burning species sufficiently thinned so that there is no interlocking canopy of this type of vegetation. Where necessary for erosion control or aesthetic purposes, the fuel break may be planted in slow-burning species. FUEL BREAKS do not involve stripping the ground of all native vegetation.
         (c)   A primary fuel break will be installed, maintained, and shall extend a minimum of 30 feet in all directions around structures, excluding fences, on the property. The goal within this area is to remove ground cover that will produce flame lengths in excess of one foot. Such a fuel break shall be increased by five feet for each 10% increase in slope over 10%.
         (d)   A secondary fuel break will be installed, maintained, and shall extend a minimum of 100 feet beyond the primary fuel break where surrounding landscape is owned and under the control of the property owner during construction. The goal of the secondary fuel break is to reduce fuels so that the overall intensity of any wildfire is reduced through fuels control.
         (e)    All structures shall be constructed or re-roofed with Class B or better non-wood roofing materials, as determined by the building ordinance. All re-roofing of existing structures in the wildfire lands area shall be done under approval of a zoning permit. No structure shall be constructed or re-roofed with wooden shingles, shakes, wood-product material, or other combustible roofing material, as defined in the city’s Building Code.
      (2)   Fuel breaks in areas which are also erosive or slope failure lands shall be included in the erosion control measures outlined in division (A) above.
(Ord. 2008-005, passed 8-12-2008) Penalty, see § 155.999