SECTION:
13.72.010: Purpose Of Provisions
13.72.020: Overlay Zone; Scope And Application; General Provisions
13.72.030: Development Standards
13.72.040: Establishment Of Limits Of Disturbance
13.72.050: Approval Procedure For Development In The Foothills And Canyons Overlay Zone
13.72.060: Administration And Enforcement
13.72.070: Definitions
13.72.080: Figures
A. The general purpose of the foothills and canyons overlay zone is to promote the health, safety, and public welfare of the residents of the city, and while being cognizant of private property rights, to preserve the natural character of the foothills and canyons by establishing standards for foothill and canyon development proposed in the city.
B. The standards for development contained herein are intended specifically to accomplish the following purposes:
1. Preserve the visual and aesthetic qualities of the foothills and canyons, including prominent ridgelines, which are vital to the attractiveness and economic viability of the city;
2. Encourage development designed to reduce risks associated with natural hazards and to provide maximum safety for inhabitants;
3. Provide adequate and safe vehicular and pedestrian circulation;
4. Encourage development that fits the natural slope of the land in order to minimize the scarring and erosion effects of cutting, filling, and grading related to construction on hillsides, ridgelines, and steep slopes;
5. Prohibit activities and uses that would result in degradation of fragile soils, steep slopes, and water quality;
6. Provide for preservation of environmentally sensitive areas and open space by encouraging clustering or other design techniques to preserve the natural terrain, minimize disturbance to existing trees and vegetation, preserve wildlife habitat, and protect aquifer recharge areas;
7. Reduce flooding by protecting streams, drainage channels, absorption areas, and floodplains from substantial alteration of their natural functions. (Ord. 2012-15, 9-20-2012)
A. Scope/Application:
1. Maps On File: Maps delineating the boundaries of the foothills and canyons overlay zone are on file with the community development department. Such maps, as amended, are a part of this title as if fully described and detailed herein.
2. Applies To All Development: The standards and regulations contained in this chapter shall apply to all development that occurs within the mapped foothills and canyons overlay zone, as the term "development" is defined at section 13.04.040 of this title, including grading, clearing and other land disturbance activities.
3. Applicability To Development On Lots Of Record: The standards and regulations contained in this chapter shall apply to all development that occurs within the mapped foothills and canyons overlay zone on legally subdivided lots that were recorded prior to the enactment of the ordinance codified herein, including subsequent additions or expansions of buildings or structures constructed prior to the enactment of said ordinance, except when a waiver or exemption expressly allowed by this chapter has been granted.
B. General Provisions:
1. Construction And Rules Of Interpretation; Delegation Of Authority: Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.
2. Recognition Of Salt Lake City Extraterritorial Jurisdiction: The city recognizes that Salt Lake City has extraterritorial jurisdiction for protection of its watershed located in the canyons east of Salt Lake City from City Creek Canyon south to Little Cottonwood Canyon. All development in the city that is also located within Salt Lake City's watershed areas shall be reviewed by Salt Lake City for compliance with the city's applicable watershed protection standards prior to city approval or final permitting. Maps delineating the boundaries of Salt Lake City's watershed areas are on file with the community development department. Such maps, as amended, are a part of this title as if fully described and detailed herein.
3. Inconsistent Provisions: When the provisions of this chapter are inconsistent with provisions found in other chapters of this title, or with provisions found in any other city ordinance or regulation, the most restrictive provision shall apply. (Ord. 2012-15, 9-20-2012)
A. Lot And Density Requirements:
1. General Rule: All development in the foothills and canyons overlay zone shall comply with the standards for minimum lot size, minimum lot width, and maximum density required in the underlying zone.
2. Exception To General Rule; When Underlying Zone Permits Smaller Than One Acre Lots:
a. Lots Created After The Effective Date Hereof: If the underlying zone permits a minimum lot size of smaller than one acre, then the minimum lot size for development in this overlay zone shall be one acre.
b. Lots Of Record That Meet Underlying Zone's Minimum Lot Size Requirement: If the underlying zone permits a minimum lot size of smaller than one acre, then a lot of record approved prior to the effective date hereof that meets the minimum lot size requirement set forth in the underlying zone district shall have a minimum lot size of one-half (1/2) acre.
3. Exception To General Rule; Lots Of Record That Do Not Meet The Underlying Zone's Minimum Lot Requirements: If a lot of record subject to this chapter:
a. Was approved prior to the effective date of said ordinance; and
b. Does not meet the minimum lot size or lot width requirements set forth in the underlying zone district; and
c. Is not subject to the substandard lot consolidation provisions set forth in subsection A4 of this section;
then the minimum lot size or lot width requirements shall be waived and development may proceed on said lot of record subject to compliance with all other applicable development standards set forth in this chapter and in the underlying zone.
4. Consolidation Of Substandard Lots:
a. General Rule; Consolidation Required: Two (2) or more lots or parcels located in the foothills and canyons overlay zone shall be considered to be a single, undivided lot or parcel for the purposes of this chapter, if all the following factors apply:
(1) The lots or parcels are contiguous;
(2) The lots or parcels are in single and common ownership and are of record on the effective date of said ordinance;
(3) No structures are located on the lots or parcels;
(4) All or part of the lots or parcels do not meet the minimum lot area or lot width requirements set forth in this section; and
(5) Such lots have not been improved with individual and separate connections to municipal water or sewer systems.
No portion of such lots or parcels subject to this consolidation provision shall be used or sold in a manner that renders compliance with the lot width and lot area requirements set forth in this section less feasible.
b. Exception To General Rule: Notwithstanding the general rule for consolidation set forth in subsection A4a of this section, if a lot or parcel that would otherwise be subject to the general consolidation rule meets the minimum lot area or lot width requirements set forth in the underlying zone district, then consolidation shall not be required.
5. Clustering: Clustering of development (see section 13.72.080, figures 5 and 6 of this chapter) is generally recommended and may be required by the planning commission to achieve the objectives of this chapter. Whether proposed by an applicant or required by the planning commission, clustering of development may only be used to reduce otherwise applicable minimum lot size requirements upon satisfaction of the following findings:
a. The clustering proposal meets all other applicable requirements set forth in this chapter or in other applicable ordinances or regulations;
b. The clustering proposal, compared with a more traditional site development plan, better attains the policies and objectives of this chapter, such as providing more open space, preserving existing trees and vegetation coverage, and preserving sensitive environmental areas such as stream corridors, slide areas, wetlands and steep slopes;
c. The clustering proposal will have no significant adverse impact on adjacent properties or development, or, if such impacts would result, the applicant has agreed to implement appropriate mitigation measures such as landscaping, screening, illumination standards, and other design features as recommended by the community development director to buffer and protect adjacent properties from the proposed clustered development; and
d. The architecture, height, building materials, building colors, and other design features of the development blend with the surrounding natural landscape and are compatible with adjacent properties or development.
6. Density Bonus For Clustering:
a. A density bonus of up to twenty five percent (25%) over the base density permitted in the underlying zone district may be available for cluster developments that satisfy the above standards taking into account the bonus density.
b. For purposes of calculating this twenty five percent (25%) cluster density bonus, the base density permitted in the underlying zone district shall be calculated based on "net developable acreage", which is defined as land with all of the following:
(1) Average slope less than thirty percent (30%);
(2) Soils of a suitable depth and type based on soil exploration and percolation tests in accordance with the regulations of the Utah department of environmental quality in order to ensure against adverse impacts on surface and ground water quality;
(3) Minimum distance from any "stream corridor", as that term is defined in section 13.04.040 of this title of one hundred feet (100'); and
(4) Free from any identified natural hazards such as flood, avalanche, landslide, high water table and similar features.
7. Planned Unit Developments:
a. Minimum Lot Area And Lot Width: Lot areas and lot widths for planned unit developments in the foothills and canyons overlay zone district shall not be subject to the minimum lot area and lot width limits set forth in this section. Instead, minimum lot areas and lot widths shall be determined on a case by case basis by the planning commission pursuant to chapter 13.78 of this title.
b. Maximum Density: Density of dwelling units per acre in a planned unit development shall be the same as that allowed in the underlying zone district in which the planning unit development is located.
B. Slope Protection Standards:
1. Prohibition Of Development On Steep Slopes: No development, including clearing, excavation, and grading shall be allowed on slopes greater than thirty percent (30%), except as expressly allowed in this chapter.
2. Structure Clearance From Steep Slopes: Structure clearance from ascending or descending slopes greater than thirty percent (30%) shall conform to the requirements set forth in applicable building code provisions.
3. Prohibition Of Development On Designated Ridgelines:
a. Except when a waiver has been granted pursuant to this chapter, no development shall intrude into any ridgeline protection area that has been identified and designated as part of an adopted city plan or has been identified and designated by the city during the development review and approval process set forth in section 13.72.050 of this chapter.
b. For the purposes of this chapter, designated ridgeline protection area shall consist of prominent ridgelines that are highly visible from public rights of way or trails, and shall include the crest of any designated hill or slope, plus the land located within one hundred feet (100') horizontally (map distance) on either side of the crest. (See section 13.72.080, figures 3 and 4 of this chapter.)
4. Steep Slopes; Open Space: One hundred percent (100%) of areas with slope greater than thirty percent (30%) shall remain in natural private or public open space, except as expressly allowed in this chapter.
C. Grading Standards:
1. Grading Prohibited Without Prior Approvals/Permits: No grading, excavation, or tree/vegetation removal shall be permitted, whether to provide for a building site, for on site utilities or services, or for any roads or driveways, prior to issuance of a building permit in accordance with a grading and excavation plan and report for the site approved by the community development director.
2. Cutting To Create Benches: Cutting and grading to create benches or pads for additional or larger building sites shall be avoided to the maximum extent feasible. (See section 13.72.080, figures 5 and 6 of this chapter.)
3. Limits On Changing Natural Grade: The original, natural grade of a lot shall not be raised or lowered more than four feet (4') at any point for construction of any structure or improvement, except:
a. The site's original grade may be raised or lowered six feet (6') if a retaining wall is used to reduce the steepness of manmade slopes; provided, that the retaining wall complies with the requirements set forth in this section.
b. The site's original grade may be raised or lowered more than six feet (6') with terracing, as specified in subsection C8b of this section.
4. Grading For Accessory Building Pads Discouraged: Separate building pads for accessory buildings and structures other than garages, such as tennis courts, swimming pools, outbuildings, and similar facilities, shall be discouraged except where the natural slope is twenty percent (20%) or less.
5. Limits On Graded Or Filled Manmade Slopes:
a. Slopes of twenty five percent (25%) or less are greatly encouraged wherever possible.
b. Graded or filled manmade slopes shall not exceed a slope of fifty percent (50%).
c. Cut manmade surfaces or slopes shall not exceed a slope of fifty percent (50%) unless it is substantiated, on the basis of a site investigation and submittal of a soils engineering or geotechnical report prepared and certified by a qualified professional, that a cut at a steeper slope will be stable and will not create a hazard to public or private property.
d. All cut, filled, and graded slopes shall be recontoured to the natural, varied contour of the surrounding terrain.
6. Revegetation Required: Any slope exposed or created in a new development shall be landscaped or revegetated pursuant to the standards and provisions of subsection H, "Tree And Vegetation Protection", of this section.
7. Excavation: Excavation for footings and foundations shall be minimized to the maximum extent feasible in order to lessen site disturbance and ensure compatibility with hillside and sloped terrain. Intended excavation must be supported by detailed engineering plans submitted as part of the application for site development plan approval.
8. Retaining Walls: Use of retaining walls is encouraged to reduce the steepness of manmade slopes and to provide planting pockets conducive to revegetation. (See section 13.72.080, figure 7 of this chapter.)
a. Retaining walls may be permitted to support steep slopes but shall not exceed six feet (6') in height from the finished grade, except where terraced as specified in subsection C8b of this section.
b. Terracing shall be limited to two (2) tiers. The width of the terrace between any two (2) 4-foot vertical retaining walls shall be at least three feet (3'). Retaining walls higher than four feet (4') shall be separated from any other retaining wall by a minimum of five (5) horizontal feet. Terraces created between retaining walls shall be permanently landscaped or revegetated pursuant to subsection H, "Tree And Vegetation Protection", of this section.
c. Retaining walls shall be faced with stone or earth colored materials similar to the surrounding natural landscape. (See chapter 13.73, "Foothills And Canyons Site Development And Design Standards", of this title.)
d. All retaining walls shall comply with the international building code, except that when any provision of this section conflicts with any provision set forth in the international building code, the more restrictive provision shall apply.
9. Filling Or Dredging Of Waterways Prohibited: Filling or dredging of watercourses, wetlands, bullies, streambeds, or stormwater runoff channels is prohibited, except that bridge construction is allowed pursuant to the standards set forth in subsection J7 of this section.
10. Detention/Stormwater Facilities: Where detention basins and other storm and erosion control facilities may be required, any negative visual and aesthetic impacts on the natural landscape and topography shall be minimized to the maximum extent feasible. (See section 13.72.080, figures 8 and 9 of this chapter.)
D. Streets/Roads And General Site Access: (See subsection E of this section regarding driveway standards.)
1. Access to a building or development site shall be by road, street, or private access road only.
2. Streets, roads, private access roads, and other vehicular routes shall not be allowed to cross slopes between thirty percent (30%) and fifty percent (50%) unless specifically authorized by the planning commission, upon the favorable recommendation of the community development director, after finding that all of the following conditions and constraints are applicable:
a. No alternate location for access is feasible or available;
b. No individual segment or increment of the street, road, private access road, or other vehicular route that will cross slopes between thirty percent (30%) and fifty percent (50%) exceeds one hundred feet (100') in length;
c. The cumulative length of individual segments or increments that will cross slopes between thirty percent (30%) and fifty percent (50%) does not exceed ten percent (10%) of the total length of the street, road, private access road, or other vehicular route; and
d. No significant adverse visual, environmental, or safety impacts will result from the crossing, either by virtue of the design and construction of the street, road, private access road, or other vehicular route as originally proposed or as a result of incorporation of remedial improvements provided by the developer to mitigate such impact.
3. Under no circumstances shall any street, road, private access road, or other vehicular route cross slopes greater than fifty percent (50%).
4. Streets, roads, private access roads, and other vehicular routes shall to the maximum extent feasible follow natural contour lines. (See section 13.72.080, figures 10 and 11 of this chapter.)
5. Grading for streets, roads, private access roads, and other vehicular routes shall be limited to the cartway portion of the right of way, plus up to an additional ten feet (10') on either side of the cartway as needed, except that when developing access on slopes in excess of twenty five percent (25%), only the cartway right of way shall be graded plus the minimum area required for any necessary curb, gutter, or sidewalk improvements. The remainder of the access right of way shall be left undisturbed to the maximum extent feasible.
6. Roads, other vehicular routes, or trails may be required to provide access or maintain existing access to adjacent lands for vehicles, pedestrians, emergency services, and essential service and maintenance equipment.
E. Driveways: Driveways shall be provided to ensure safe, convenient, and adequate access to individual buildings. Driveway access to a development shall be consistent with the city general plan and highway plan, as amended. In addition, provision of driveway access is subject to the following requirements:
1. All driveways shall comply with the city highway and fire department ordinances.
2. Driveways longer than one hundred fifty feet (150') in length shall meet the following requirements:
a. Provision of a turnaround that meets the city road/street and fire department standards; and
b. Provision of an adequate number of spaces turnouts along the length of the driveway, as determined by the community development director in consultation with the city's service providers.
3. Driveways longer than fifty feet (50') in length shall not be allowed to cross slopes between thirty percent (30%) and fifty percent (50%) unless specifically authorized by the planning commission, upon the favorable recommendation of the community development director, after finding that all of the following conditions and constraints are applicable:
a. No alternate location for access is feasible or available;
b. No individual segment or increment of the driveway that will cross slopes between thirty percent (30%) and fifty percent (50%) exceeds one hundred feet (100') in length;
c. The cumulative length of individual segments or increments of the driveway that will cross slopes between thirty percent (30%) and fifty percent (50%) does not exceed ten percent (10%) of the driveway's total length; and
d. No significant adverse visual, environmental, or safety impacts will result from the driveway crossing, either as originally proposed or as a result of incorporation of remedial improvements provided by the developer to mitigate such impacts.
4. Under no circumstance shall any driveway cross slopes greater than fifty percent (50%).
5. Driveways shall, to the maximum extent feasible, follow natural contour lines. (See section 13.72.080, figures 10 and 11 of this chapter.)
6. Driveways may be shared by no more than two (2) residential units, or by two (2) or more principal nonresidential uses, provided such nonresidential uses together do not exceed a total of twenty five thousand (25,000) square feet of gross floor area. Shared driveways are greatly encouraged.
7. Driveways to a building site shall have direct access to a public street or to a private right of way approved by the planning commission. Finished driveway grades shall comply with the following:
a. Driveways shall have a maximum grade of twelve percent (12%), or as determined by the community development director on a case by case basis based on health and safety concerns and the need for adequate access for city service providers. In no case, however, shall the community development director approve a maximum grade greater than fifteen percent (15%). Driveways shall have a maximum grade of fifteen percent (15%).
b. Driveway grades within twenty feet (20') of the roadway shall not exceed ten percent (10%). (See highway ordinance.)
F. Trail Access:
1. Dedication Required: For the purpose of providing trails necessary for public access to public lands or trails shown on the city general plan, the Salt Lake County regional trail plan, and the Salt Lake County trail access plan, all development in the foothills and canyons overlay zone shall be required to offer a dedication of an amount of land that is roughly proportional to the demand for open space, recreational facilities, trails, or public access to public lands or trails generated by the proposed development. The city shall have the sole option whether to accept a reasonable money fee in lieu of land dedication.
2. Verification Required: All land offered for dedication for trails or public access to trails shall be verified on the ground by the community development department before approval of the site plan. Land offered for dedication for trails shall be located so that:
a. Proposed trail construction and maintenance is feasible; and
b. Side slopes do not exceed seventy percent (70%); and
c. Rock cliffs and other insurmountable physical obstructions are avoided.
The city shall have the sole option of rejecting the applicant's offered land dedication and instead select more suitable land; based on the above factors, applicable plans, opportunities to link to existing or planned trails and public lands, and/or suitability of the terrain for trail use.
3. Nature Of Interest Dedicated: At the city's sole option, dedications for trails or public access may be of a fee or less than fee interest to either the city, another unit of government, or nonprofit land conservation organization approved by the city.
4. Bonus Density Allowed For Certain Dedications: The planning commission may allow up to twenty five percent (25%) of the maximum allowable density attributable to areas of the site with greater than thirty percent (30%) slope to be transferred to the developable areas of the site if the applicant shows that the offered dedication is beyond what would be roughly proportional to the demand for such trails or trail access generated by the proposed development. The planning commission may reduce the applicable minimum lot area requirement within the site's developable area if necessary to accommodate the transferred density.
5. Liability Releases: Liability releases related to dedicated lands shall be prepared for a landowner in accord with the state landowner liability act of 1987, as amended.
G. Fences:
1. No fence shall be constructed or installed unless shown on the approved site development plan.
2. No fence shall be constructed or installed outside the designated limits of disturbance on a site, except as required by the city (such as fenced corrals for horses or other animals) or along property boundaries. (See section 13.72.080, figure 12 of this chapter.)
3. Fences in the front yards and along roadways shall not exceed forty two inches (42") in height.
4. Fences in identified wildlife corridors shall be strongly discouraged, but in no case shall exceed forty two inches (42") in height.
5. Fences shall conform to the standards set forth in chapter 13.73 of this title, foothills and canyons development standards.
H. Tree And Vegetation Protection: (See section 13.72.080, figure 13 of this chapter.)
1. Purposes: Protection of existing tree and vegetation cover is intended to:
a. Preserve the visual and aesthetic qualities of the city's foothills and canyons;
b. Encourage site design techniques that preserve the natural environment and enhance the developed environment;
c. Control erosion, slippage, and sediment runoff into streams and waterways;
d. Increase slope stability;
e. Protect wildlife habitat and migration corridors; and
f. Conserve energy, in proximity to structures, by reducing building heating and cooling costs.
2. Application And Exemptions: The provisions of this section shall apply to all development on real property that is located in the foothills and canyons overlay zone, except that the following developments and activities shall be exempt from this section:
a. The removal of dead or naturally fallen trees or vegetation, or such that the city finds to be a threat to the public health, safety, or welfare;
b. The selective and limited removal of trees or vegetation necessary to obtain clear visibility at driveways, intersections, or for the purpose of performing authorized field survey work;
c. The removal of trees or vegetation on land zoned or lawfully used for agricultural and forestry activities, including tree farms and approved forestry management practices. In the event a site is substantially cleared of trees pursuant to such legitimate activities, however, no development or site plan applications for other types of development shall be accepted by the city for thirty six (36) months from the date the clearing is completed.
3. Tree/Vegetation Removal:
a. Outside Limits Of Disturbance: No trees or vegetation shall be removed outside the approved limits of disturbance except as specifically exempted in this section or chapter.
b. Within Limits Of Disturbance: "Significant trees", as defined in section 13.04.040 of this title, removed from within the limits of disturbance shall be replaced as set forth in subsection H4 of this section.
c. Wildfire Hazards And Tree/Vegetation Removal: In areas determined by fire prevention officials as being highly susceptible to fire hazards, vegetation up to thirty feet (30') from the perimeter of a structure shall be selectively pruned and thinned for fire protection purposes.
d. Tree/Vegetation Removal For Views Prohibited: No trees or vegetation shall be removed for the purpose of providing open views to or from structures on a site.
4. Replacement Of Significant Trees: When a "significant tree" or trees, as defined in section 13.04.040 of this title, are removed from either inside or outside the established limits of disturbance, the applicant or developer shall replace such trees on the lot, either inside or outside the established limits of disturbance, according to the following schedule and requirements:
a. A significant deciduous tree that is removed shall be replaced by three (3) trees with a minimum size of two and one-half inch (21/2") caliper.
b. A significant coniferous tree that is removed shall be replaced by two (2) trees with a minimum height of eight feet (8').
c. Acceptable replacement trees shall be determined by a person or firm qualified by training or experience to have expert knowledge of the subject.
d. Replacement trees shall be maintained through an establishment period of at least three (3) years, except that single-family dwellings shall have an applicable establishment period of only one year. The applicant shall post an improvement warranty bond for all public street trees guaranteeing the survival and health of all replacement street trees during the establishment period.
5. Revegetation And Land Reclamation Plan:
a. On a parcel of land that has been or will be altered from its natural condition by manmade activities, a revegetation and land reclamation plan prepared and certified by a qualified professional may be required for review and approval by the community development director.
b. The revegetation and land reclamation plan shall depict the type, size, and location of any vegetation and trees being planted and illustrate how the site will be recontoured in such a fashion and with sufficient topsoil to ensure that revegetation is feasible.
c. Any slope exposed or created in new development shall be landscaped or revegetated with native or adopted trees and other native or adopted plant material. New vegetation shall be equivalent to or exceed the amount and erosion control characteristics of the original vegetation cover in order to mitigate adverse environmental and visual effects.
d. On manmade slopes of twenty five percent (25%) or greater, plant materials with deep rooting characteristics shall be selected that will minimize erosion and reduce surface runoff. The planting basin should be kept level with a raised berm around the base of the plant to help retain moisture.
e. To the maximum extent feasible, topsoil that is removed during construction shall be conserved for later use on areas requiring revegetation or landscaping, such as cut and fill slopes.
f. The plan shall also indicate a time frame for revegetation that is acceptable to the city and that takes into account optimal seasonal growing conditions.
6. Tree/Vegetation Protection During Construction And Grading Activities:
a. Limits of disturbance as established in accordance with the provisions of section 13.72.040 of this chapter shall be shown on the final plans for development and shall be clearly delineated on site with fencing or other materials or methods approved by the community development director prior to the commencement of excavation, grading, or construction activities on the site.
b. Within the limits of disturbance, fencing, at a minimum, should be placed around each significant tree and around stands of twelve (12) or more smaller trees a distance equal to the size of the individual or outermost tree's drip zone. (See section 13.04.040 of this title, significant trees.)
(1) For purposes of this subsection, the drip zone is calculated by measuring the diameter of the tree at breast height. Every inch of tree trunk diameter, for example, equates to one foot (1') of drip zone.
(2) No construction, grading, equipment or material storage, or any other activity shall be allowed within this area, and the fencing shall remain in place until all land alteration, construction, and development activities are completed.
c. If it is necessary to fill over the root zone, compacted soils shall be avoided by sandwiching fabric, rocks and more fabric under the area to be filled.
d. Fill placed directly on the roots shall not exceed a maximum of six inches (6") in depth.
e. If fill creates a tree well or depression around a tree or shrubs, such area shall be drained so that the vegetation is not drowned by the pooling of rainfall or irrigation.
f. If a tree's roots must be cut, the branches shall be trimmed by an amount equal to the percent of roots that were lost. Roots shall be pruned cleanly prior to digging and not ripped off by heavy equipment. Cutting more than thirty percent (30%) of the roots endangers the health of the tree, and over forty percent (40%) affects the tree's stability.
g. Utility trenches near trees should be avoided. If a line must be near a tree, tunneling, auguring, or other mitigation measures shall be used.
I. Natural Hazards: All development in the foothills and canyons overlay zone shall comply with the requirements and standards set forth in chapter 13.75, "Natural Hazard Areas", of this title. A natural hazards report required by chapter 13.75 of this title may be combined with any of the plans and reports required by the provisions of this chapter, including geotechnical, slope, and grading reports. The city may have a geologist review all natural hazards reports and submit his recommendations in writing to the community development director or planning commission prior to final action on the site plan for development.
J. Stream Corridor And Wetlands Protection:
1. Purposes: The following requirements and standards are intended to promote, preserve, and enhance the important hydrologic, biological, ecological, aesthetic, recreational, and educational functions that stream corridors, associated riparian areas, and wetlands provide.
2. Boundary Delineation: Unless previously delineated by the city, boundaries for stream corridors and wetland areas shall be delineated according to the following provisions:
a. Stream corridor and wetland area delineation shall be performed by a qualified professional that has demonstrated experience necessary to conduct site analysis. Delineations shall be subject to the approval of the community development director.
b. Stream corridors shall be delineated at the "ordinary high water mark", as defined in section 13.04.040 of this title. Stream corridors shall not include ephemeral streams or ditches that are commonly known to be irrigation ditches and that do not contribute to irrigation ditches and that do not contribute to the preservation and enhancement of fisheries or wildlife.
c. Boundary delineation of wetlands shall be established using the federal manual for identifying and delineating jurisdictional wetlands, dated January 10, 1989, and jointly published by the U.S. environmental protection agency, the U.S. fish and wildlife service, the U.S. army corps of engineers, and the U.S. soil conservation service. Subsequent revisions of the federal manual shall not be incorporated into this delineation methodology. Although the federal manual may change in the future, the city will use this referenced manual as a basis for wetland determination.
3. Prohibited Activities: No person shall engage in any activity that will disturb, remove, fill, dredge, clear, destroy, or alter any area, including vegetation, within stream corridors, wetlands, and their setbacks as set forth below, except as may be expressly allowed in this chapter.
4. Minimum Setbacks: Except where Salt Lake City, pursuant to its recognized extraterritorial jurisdiction, has defined a greater setback from watershed resources (including stream corridors and wetland areas), the following minimum setbacks shall be required:
a. Stream Corridors: All buildings, accessory structures, leach fields, and parking lots shall be set back at least one hundred feet (100') horizontally (plan view) from the ordinary high water mark of stream corridors. (See section 13.72.080, figure 14 of this chapter.)
b. Wetlands: All buildings, accessory structures, leach fields, and parking areas or lots shall be set back at least fifty thousand feet (50,000') horizontally (map distance), from the delineated edge of a wetland.
c. Open Space/Landscaping Credit For Setback Areas: All setback areas shall be credited toward any relevant private open space or landscaping requirements, but shall not be credited toward trail access dedication requirements.
5. Ephemeral Streams; Prohibited Activities: Development shall not be permitted within the channel of an ephemeral stream, as defined by its ordinary high water mark, except that the planning commission upon the recommendation of the community development director may grant waivers or modifications from this prohibition upon a finding that the development will have no adverse environmental impacts, or that such impacts will be substantially mitigated.
6. Preservation Of Vegetation: All existing vegetation within the stream corridor or wetland setback area shall be preserved, and where necessary to provide adequate screening or to repair damaged riparian areas, supplemented with additional native or adopted planting and landscaping.
7. Bridges: The construction of bridges over a stream corridor and within the stream setback area is permitted, provided such bridges are planned and constructed so as to minimize impacts on the stream corridor. (See section 13.72.080, figure 15 of this chapter and subsection 13.73.080C of this title, bridges for stream crossings.)
K. Wildlife Habitat Protection:
1. Intent And Purpose: The city finds that its foothills and canyon areas provide important wildlife habitat for a wide variety of animal and bird species. As a result of past development activities, many habitat areas have been significantly impaired, altered, fragmented, and in some cases destroyed. In combination with the tree/vegetation and stream corridor/wetlands protection standards set forth above, the following requirements have been developed to promote and preserve valuable wildlife habitats and to protect them from adverse effects and potentially irreversible impacts.
2. Applicability: The requirements of this subsection shall apply to development on real property in the foothills and canyons overlay zone that contains wildlife habitats designated as "critical summer/winter [value] use", as shown on the city wildlife habitat maps, as amended, on file with the community development department.
3. Development Limitations In Areas Of Critical Habitat: All development subject to this subsection shall, to the maximum extent feasible, incorporate the following principles in establishing the limits of disturbance and siting buildings, structures, roads, trails, and other similar facilities:
a. Maintain buffers between areas dominated by human activities and core areas of wildlife habitat, with more intense human activities, such as automobile and pedestrian traffic, relegated to more distant zones away from the core habitat. (Ord. 2012-15, 9-20-2012)
b. Facilitate wildlife movement across areas dominated by human activities by:
(1) Maintaining connections between open space parcels on adjacent parcels; (Ord. 2015-02, 2-5-2015)
(2) Locating roads and recreational trails away from natural travel corridors used by wildlife such as riparian areas;
(3) Minimizing fencing types that inhibit the movement of wildlife species; and
(4) Minimizing the visual contrast between human dominated areas, including individual lots, and less disturbed terrain in surrounding areas (for example, by retaining or planting native vegetation and trees around a house or accessory structure).
c. Mimic features of the local natural landscape in developed areas by:
(1) Retaining predevelopment, high quality habitat to the maximum extent feasible, including large patches of natural, vegetated areas that have not yet been fragmented by roads or residential development;
(2) Minimizing levels of disturbance to trees, the understory, and other structural landscape features during construction;
(3) Designing house lots in a fashion consistent with local natural habitats, for example, by preserving and landscaping with natural, native vegetation; and
(4) Enhancing the habitat value of degraded predevelopment landscapes with selective plantings.
4. Referral Requirements And Planning Commission Action:
a. Site development plan applications subject to this subsection shall be referred to the Utah division of wildlife resources for review, comment, and recommendations. The Utah division of wildlife resources' comments and recommendations shall be incorporated into the staff report or in some other way transmitted in writing to the community development director (for permitted uses) or to the planning commission (for conditional uses and subdivisions) prior to final action on submitted proposals.
b. The community development director and planning commission shall give special consideration to wildlife habitats that are determined by the Utah division of wildlife resources in their review to be of unique or critical value, and may require project modifications or special conditions recommended to mitigate impacts on critical wildlife habitat.
c. The planning commission may deny a development proposal if it finds that the proposed development will have significant adverse impacts on critical wildlife habitat that cannot be adequately mitigated.
(1) Permitted Uses: If the community development director finds that a proposal for a permitted use may have significant adverse impacts on critical wildlife habitat that cannot be adequately mitigated, the site development plan shall be referred to the planning commission for final action.
(2) Definition: For purposes of this subsection, "significant adverse impact on critical wildlife habitat" means elimination, reduction, and/or fragmentation of wildlife habitat to the point that viability of an individual species is threatened in the city and the diversity of wildlife species occurring in the city is reduced.
L. Site Development And Design Standards: In addition to the development standards set forth in this section, all residential and commercial development within the foothills and canyons overlay zone shall comply with the development design standards set forth in chapter 13.73, "Foothills And Canyons Site Development And Design Standards", of this title. To the extent that standards in chapter 13.73 of this title conflict with the requirements set forth in this chapter, the more restrictive provision shall apply.
M. Traffic:
1. Impact Study Required: Unless waived, a traffic and parking impact study shall be required as part of the site development plan application for the following developments in the foothills and canyons overlay zone:
a. All residential development that creates a projected increase in traffic volumes equal to or greater than ten percent (10%) of current road/street capacity as determined by the community development director.
b. All nonresidential development that creates a projected increase in traffic volumes equal to or greater than fifty (50) trip ends per peak hour.
c. All development that affects a roadway identified by the community development director as having an unacceptable level of service (LOC).
2. Impact Study; Contents: A traffic and parking impact study shall address, at a minimum, the items specified in the submittal requirements for development proposals in the foothills and canyons overlay zone, which document is incorporated by reference.
3. Standard Of Review: All development subject to this subsection shall demonstrate that the peak hour levels of service on adjacent roadways and as impacted intersections after development shall comply with the city's current transportation and impact mitigation policies.
4. Access Management Plan Required: All development required by this subsection to submit an impact study shall also provide an overall access management plan to ensure free flowing access to the site and avoid congestion and unsafe conditions on adjacent public roads and streets. The access management plan shall be combined with the required traffic and parking impact study. (Ord. 2012-15, 9-20-2012; amd. Ord. 2023-10, 9-7-2023)
A. Establishment Of Limits Of Disturbance: For every development subject to this chapter, the community development director shall establish "limits of disturbance" that indicate the specific areas of a site in which construction and development activity must be contained. For single-family residential development, limits of disturbance shall include that area required for the principal structure, an accessory structure, utilities, services, drainage facilities, and a septic tank. Areas required for driveways and leach fields are not included. (See section 13.72.080, figures 16 through 18 of this chapter.)
B. Criteria For Establishing Limits Of Disturbance: In establishing limits of disturbance, the following criteria and standards shall be considered and applied:
1. Minimize visual impacts from the development, including, but not limited to, screening from adjacent and downhill properties, ridgeline area protection, and protection of scenic views;
2. Erosion prevention and control, including, but not limited to, protection of steep slopes and natural drainage channels (see subsections 13.72.030B, "Slope Protection Standards", and 13.72.030L, "Site Development And Design Standards", of this chapter);
3. Fire prevention and safety, including, but not limited to, location of trees and vegetation near structures (see subsection 13.72.030H3 of this chapter, wildfire hazards and tree/vegetation removal);
4. Preservation of significant trees or vegetation (see subsection 13.72.030H, "Tree And Vegetation Protection", of this chapter);
5. Conservation of water, including, but not limited to, preservation of existing native vegetation, reduction in amounts of irrigated areas, and similar considerations;
6. Wildlife habitat protection, including, but not limited to, preservation of critical wildlife habitat and identified migration corridors and routes (see subsection 13.72.030K, "Wildlife Habitat Protection", of this chapter);
7. Stream corridor and wetland protection and buffering (see subsection 13.72.030J, "Stream Corridor And Wetlands Protection", of this chapter);
8. Preservation of the maximum amount of the site's natural topography, tree cover, and vegetation.
C. Zero Lot Lines Allowed: Where appropriate to preserve or to protect steep slopes or other natural features, a structure may be located on a lot in such a manner that one or both of the side facades of a structure rest directly on a lot line. This provision shall not be interpreted to exempt a structure from any applicable building and fire code provisions or requirements.
D. Limits Of Disturbance May Be Noncontiguous: Limits of disturbance necessary to accommodate proposed development may be noncontiguous in order to best meet the criteria and standards set forth in this section. (See section 13.72.080, figures 16 through 18 of this chapter.)
E. Clustering: Clustering of building pads and parking areas within a building site is strongly encouraged and may be required to minimize the size of the limits of disturbance and to maintain the maximum amount of open space in the development. (See section 13.72.080, figures 17 and 18 of this chapter.)
F. Maximum Limits Of Disturbance:
1. Single-Family Residential Uses: For lots or parcels less than one acre in size, the limits of disturbance for an individual single-family use and any accessory structure shall not exceed ten thousand (10,000) square feet, unless:
a. Significant existing site vegetation is retained; or
b. Remedial revegetation and land reclamation improvements which substantially advance the purposes of this chapter have been proposed and will be implemented on the site in accordance with a revegetation and land reclamation plan reviewed and approved by the community development director.
In such cases, the limits of disturbance for lots or parcels less than one acre in size may be increased up to but not to exceed fifteen thousand (15,000) square feet.
For lots or parcels one acre in size or greater, the limits of disturbance for an individual single-family use and any accessory structure shall not exceed twelve thousand (12,000) square feet unless the aforementioned conditions (retention of significant existing site vegetation or submittal and implementation of an approved revegetation and land reclamation plan) are provided, in which case the limits of disturbance may be increased up to but not to exceed eighteen thousand (18,000) square feet.
2. All Other Land Uses: The maximum limits of disturbance, including parking areas and accessory buildings and structures, shall be determined on a case by case basis. Areas for leach fields constructed in connection with an on site sewer system shall not be included in the determination of limits of disturbance, but must be revegetated with native vegetation in accordance with state regulations for individual wastewater systems. (Ord. 2012-15, 9-20-2012)
A. Purposes: The purpose of the approval procedures set forth in this section is to ensure compliance with the land use standards and provisions of this chapter and all other applicable ordinances and codes, while encouraging quality development in the foothills and canyons reflective of the city's goals, policies, and objectives set forth in this chapter, and the city general plan.
B. Applicability: All development proposed in the foothills and canyons overlay zone is subject to the site development plan approval procedures set forth in this section. No development or construction activity, including tree/vegetation removal and grading, or subdivision of land, shall occur on property subject to this chapter until a site development plan has been approved.
1. Permitted Uses: Site development plans for uses permitted by the underlying zone may be finally approved by the community development director upon substantiation of compliance with the land use standards and provisions of this chapter and all other applicable ordinances and codes.
2. Conditional Uses: Site development plans for conditional uses shall be submitted in a form that satisfies the requirements of both this chapter and the conditional use provisions (section 13.08.040 of this title) and shall be subject to final approval by the planning commission pursuant to the process set forth in this section.
3. Subdivisions: Site development plans for subdivisions shall be submitted in a form that satisfies the requirements of both this chapter and the subdivision provisions of chapter 13.10 of this title and shall be subject to the same review and approval process as set forth therein.
C. Preapplication Meeting: A preapplication meeting with the community development director is required prior to submitting a site development plan application. The purposes of the preapplication meeting are:
1. To provide an opportunity for the city to explain the site development plan review and approval process;
2. To discuss the proposed development of the site and its relationship to site conditions and area characteristics;
3. To describe applicable provisions of this chapter and other codes and ordinances; and
4. To clarify the scope of submittal requirements.
a. Attendance: In addition to the community development director, other participants in the preapplication meeting may include the city geologist, representatives from the health department, and any other person or entity the city deems appropriate.
b. Request For Preapplication Meeting: To request a preapplication meeting, the applicant shall submit a request on a form approved by the community development department, together with any reasonable fee and materials that the community development department deems necessary. The materials and form submitted for the preapplication meeting shall not be considered an application for site development plan approval.
c. Scheduling: Upon submittal of the applicant's form and materials, the development proposal shall be scheduled for consideration and discussion at the next regularly scheduled preapplication meeting.
D. Application For Site Development Plan Approval:
1. Submittal Requirements: Upon conclusion of the preapplication meeting process, the applicant shall submit an application form, together with the maps, plans, and reports described in the document entitled "submittal requirements for development in the foothills and canyons overlay zone", incorporated herein by reference, and any applicable fees, to the community development department. In the event a waiver from this chapter's slope protection standards for lots of record is being requested (see subsection 13.72.060A of this chapter), then such request shall also be filed with the application. All submitted materials shall be available for public review.
a. Waiver/Modification Of Analysis And Study Requirements: If, as a result of the preapplication meeting assessment of the development proposal and any site field inspections that may have been conducted, the community development director determines that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development are such that a full and adequate analysis of the development may be conducted without requiring all of the materials referenced in subsection D1 of this section, then such materials as are determined to be unnecessary for the analysis may be waived or modified by the director.
b. Corrections And Additional Information Requirements: The community development director or, in the case of conditional uses or subdivisions, the planning commission may require correction of any submitted information found to be in error. Additional information as may be necessary to substantiate compliance with the provisions and standards of this chapter and other applicable codes and ordinances may also be required.
c. Incomplete Applications: Applications that do not meet the submittal requirements as set forth in this chapter shall not be accepted.
2. Acceptance Of Applications: The community development director shall assess submitted applications with respect to their compliance with the "submittal requirements for review of development proposals in the foothills and canyons overlay zone", either in whole or as modified as authorized herein, and notify the applicant in writing either of the adequacy and acceptance of the application or of the specific deficiencies or errors in the submitted materials that need to be provided prior to acceptance.
3. Staff Review: Upon acceptance of a complete application package, the community development director shall review the development proposal and document the assessment process and its conclusions through the preparation of a written staff report describing the extent to which the proposed development, as submitted, complies with the standards and criteria set forth in subsection E of this section and in other applicable city and state ordinances and codes. The report shall also specify all areas of noncompliance together with such modifications and conditions of approval as may be necessary to incorporate into the development to bring it into full compliance, if possible, with applicable code and ordinance requirements and to mitigate identified impacts. Inability to achieve compliance with applicable standards and criteria shall warrant denial of the proposal as submitted.
a. Technical And Outside Agency Assistance: In making a determination on a site development plan application, the community development director may seek technical and policy recommendations from other public agencies with legal jurisdiction over matters affecting or affected by the proposed development, such as, but not limited to, the health department; Utah division of wildlife resources; Utah division of forestry, fire and state lands; U.S. forest services; and U.S. soil conservation services.
b. Failure Not Deemed Approval: Failure to complete and document the assessment process regarding the development's compliance with applicable regulations and standards shall not be deemed to be approval.
4. Community Development Director Consideration And Action On Site Development Plans For Permitted Uses: Upon completion of the review and report on an application for site development plan approval for a permitted use, the community development director shall take final action on the proposal as submitted.
a. Action: The community development director shall take one of the following actions, based on application of the standards for review set forth in subsection E of this section:
(1) Approve the application, either as originally proposed or as modified by mutual agreement through the development review process;
(2) Approve the application with such reasonable conditions and safeguards as are necessary to implement the purposes of this chapter and title, subject to subsection D8, "Compliance With Conditions Of Approval", of this section; or
(3) Deny the application on the basis of specific findings communicated to the applicant in writing.
b. Notice: The community development director shall notify any applicant in writing of the final disposition on an application for site development plan approval for a permitted use.
c. Appeals From Community Development Director Action: Appeals of a decision of the community development director on an application for site development plan approval for a permitted use shall be filed in accordance with the procedures set forth in chapter 13.09 of this title.
5. Community Development Director Consideration And Recommendation On Site Development Plans For Conditional Uses And Subdivisions: Upon completion of the review and report on an application for site development plan approval for a conditional use or subdivision, the community development director shall forward the request, together with a recommendation for final action, to the planning commission. (Ord. 2012-15, 9-20-2012)
6. Planning Commission Consideration And Action On Site Development Plans For Conditional Uses And Subdivisions: Upon receipt of the community development director's staff report and recommendation, the planning commission shall review the application, site development plan, and related materials and make a final decision on the proposal.
a. Action: The planning commission shall take one of the following actions, based on application of the standards for review set forth in subsection E of this section:
(1) Approve the application, either as recommended by the community development director or as further modified by mutual agreement with the applicant during the planning commission's deliberations;
(2) Approve the application with such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and title, subject to subsection D8, "Compliance With Conditions Of Approval", of this section; or
(3) Deny the application on the basis of specific findings communicated to the applicant in writing.
b. Optional Public Hearing: Where the planning commission finds that the size, complexity, projected impacts, proximity to conflicting land uses, or any other aspects of the proposed development may raise issues of particular concern to the general public and welfare, the planning commission may hold a public hearing pursuant to "Conditional Use Permit" noticing procedures as required in Appendix C: "Noticing Requirements" of Title 13.
(1) A copy of the planning commission's agenda shall be posted as required in Appendix C: "Noticing Requirements" of Title 13.
7. Appeals From Planning Commission Action: Appeals may be made by any party aggrieved by the decision of the planning commission on an application for site development plan approval. All such appeals shall be to the city council pursuant to the procedures set forth in chapter 13.09 of this title. The city council shall apply the review standards set forth in subsection E of this section in determining an appeal.
8. Compliance With Conditions Of Approval:
a. Preliminary Approval Only: If the director of community development, planning commission, or city council on appeal, condition approval of a site development plan application upon receipt of additional information, amendments, or other actions, the decision maker's action shall only be considered a preliminary approval of the site development plan application.
b. Final Approval Upon Satisfaction Of Conditions: Except as specified in subsection D8d of this section, the community development director is authorized to grant final approval of the site development plan application only after all of the conditions and requirements of the preliminary approval have been met and satisfied. Where the conditions require the applicant to obtain necessary city or state permits, the applicant's failure to comply shall result in a denial of the site development plan. A determination that the applicant has complied with all conditions shall, together with the amended plan, constitute final site development plan approval. The community development director shall, in either event, notify the applicant in writing of the final disposition of the request.
c. Failure To Comply With Conditions Of Preliminary Approval; Appeal:
(1) If the community development director's determination is that the applicant has not substantially complied with all of the required conditions of approval for a conditional use or subdivision, the site development plan application shall be denied and any subsequent applicant revisions or modifications shall be considered a new application subject to all the requirements and procedures herein.
(2) The applicant may appeal the compliance determination of the community development director on a conditional use or subdivision to the planning commission pursuant to the procedure set forth in chapter 13.09 of this title.
d. Planning Commission Consideration Of Final Approvals: The planning commission may require as a condition of preliminary approval that a site development plan application be brought back before the commission for final consideration and approval.
E. Standards For Review: The following standards shall be utilized in the consideration of and subsequent action on applications for site development plan review and approval. Failure to comply with any of the following shall constitute sufficient grounds for denial of a development subject to the provisions of this chapter.
1. The development shall be consistent with the purposes and intent of this chapter, and with the policies, goals, and objectives of any applicable plan, including the city general plan, the county regional trails plan, as such plans are amended from time to time;
2. The development complies with the requirements set forth in section 13.72.030, "Development Standards", of this chapter, except to the extent modifications and waivers have been expressly granted;
3. The development complies with all applicable development regulations, standards, requirements, or plans adopted by the state, including, but not limited to, water quality and wastewater regulations;
4. Construction, grading, and development activities are restricted to limits of disturbance that comply with the standards and criteria set forth in section 13.72.040, "Establishment Of Limits Of Disturbance", of this chapter.
F. Time Limit And Effect Of Site Development Plan Approval:
1. Construction In Compliance With Approved Site Development Plan And Conditions Of Approval Required: A building permit issued pursuant to this site development plan approval process must reference all conditions or stipulations applicable to such approval. All development, construction, and use shall be in accordance with the approved site development plan.
2. Valid For Two Years: An approved site development plan shall be valid for a period of twenty four (24) months from the date of the community development director's or planning commission's action granting final approval.
3. Issuance Of Building Permit Within Two Year Period: A building permit may be obtained at any time within the twenty four (24) month period. If a building permit is not timely issued within the two (2) year period, approval of the site plan shall automatically lapse and be null and void.
4. Extensions Of Time:
a. Phasing: A building permit issued for any phase of a development that has received site development plan approval pursuant to this chapter shall extend the life of the site development plan for the entire development for an additional twenty four (24) months from the date of issuance of the building permit. If any successive twenty four (24) month period expires before a building permit is issued for a subsequent phase or phases, then the site development plan approval shall automatically lapse and be null and void as to all undeveloped or unbuilt phases of the development.
b. Other Extensions: A twelve (12) month extension of the life of the site development plan may be obtained subject to paying an extension fee equal to one times the original filing fee for the site plan application. (Ord. 2012-15, 9-20-2012; amd. Ord. 2021-18, 8-5-2021)
A. Waiver Of Slope Protection Standards For Lots Of Record:
1. Subject to the conditions set forth in subsection A2 of this section, the planning commission may waive or modify the following standards as applied to development on lots of record and in subdivisions that were approved prior to the effective date hereof:
a. Slope protection standards regarding prohibition of development on slopes greater than thirty percent (30%) or in ridgeline protection areas, as set forth in subsection 13.72.030B of this chapter; or
b. Limitations on the crossing of slopes greater than thirty percent (30%) with any street, road, private access road or other vehicular route, as addressed in subsections 13.72.030D3 and D4 of this chapter.
2. The planning commission may waive or modify the aforementioned standards only upon substantiation of compliance with the following findings:
a. Strict compliance with the slope protection standards in subsection 13.72.030B or 13.72.030D3 and D4 of this chapter would render the site completely undevelopable; or
b. Strict compliance with the slope protection standards in subsection 13.72.030B or 13.72.030D3 and D4 of this chapter would result in a substantial economic hardship, not created by the applicant or otherwise self-imposed; and
c. The development conforms with all other development, site design, and environmental standards set forth in this chapter, in chapter 13.73, "Foothills And Canyons Site Development And Design Standards", of this title and in all other applicable ordinances and codes.
3. Notwithstanding its discretion to grant waivers for lots of record from the slope protection standards set forth in this chapter, in no case shall the planning commission permit development other than roads on slopes greater than forty percent (40%).
4. In granting a waiver from or modification of the slope and ridgeline protection standards set forth in subsection 13.72.030B of this chapter, the planning commission may impose such conditions as are reasonable and appropriate to mitigate the impacts of the proposed development on adjacent properties and area characteristics. Such conditions may include, for example, but are not limited to, a reduction in the maximum building height otherwise permitted by the underlying zone (e.g., a reduction to 20 feet from the 30 feet maximum building height permitted in the FR zone).
B. Administrative Modification Of Standards Allowed: In establishing the limits of disturbance for developments subject to this chapter, the community development director shall have the discretion to modify the following development standards up to a maximum of twenty five percent (25%), or greater if specifically permitted by this subsection.
2. Driveway access standards, as set forth in subsection 13.72.030E of this chapter;
3. Tree and vegetation protection standards, as set forth in subsection 13.72.030H of this chapter;
a. Modifications of up to fifty percent (50%) may be allowed where strict application of these setback standards would render a site undevelopable, provided that all other federal, state, and city laws are complied with.
b. For renovations, alterations, or expansions of a building or structure legally existing on the effective date hereof, modifications exceeding twenty five percent (25%) of the required stream corridor setback may be allowed by the planning commission, provided the applicant shows the following:
(1) No alternative location for the development that is further from the stream is feasible or available; and
(2) The renovation, alternation, or expansion does not increase the gross floor area of the original, existing building or structure by more than fifty percent (50%); and
(3) The applicant shows that creative architectural or environmental solutions can be applied and used to achieve the purposes of stream corridor protection as set forth in this chapter.
5. Site and building design standards, as set forth in subsection 13.72.030L of this chapter. The community development director may only modify the aforementioned standards upon substantiation of compliance with the following findings:
a. Strict application of the standards would render a site undevelopable; or
b. Modification would result in less visual impact, more effective preservation of existing mature trees, vegetation and riparian areas, or protection of wildlife habitat.
In no case shall the modification cause the maximum limits of disturbance set forth in subsection 13.72.040F of this chapter to be exceeded. Appeals of decisions on modifications shall be addressed as set forth in chapter 13.09 of this title, as applicable.
C. Violations/Penalties For Unauthorized Land Disturbance And Tree/Vegetation Removal: Any applicant, whether as principal, agent, employee, or other, who violates the provisions of this chapter by removing trees or vegetation or exceeding the prescribed limits of disturbance shall be guilty of a misdemeanor and punishable as provided by law and/or shall be subject to civil penalties as provided by law. Such applicant who violates this chapter shall be deemed to be guilty of a separate offense for each and every day during which any violation of this chapter is committed, continued, or permitted by such person. In addition, any applicant violating the provisions of this chapter shall replace all trees/vegetation illegally removed pursuant to the standards set forth in subsection 13.72.030H of this chapter.
D. Improvement Competition Assurance: Guarantee bonds for required public improvements required under this chapter shall be subject to the provisions of the subdivision regulations set out at chapter 13.10 and section 13.01.100 of this title. (Ord. 2012-15, 9-20-2012; amd. Ord. 2023-10, 9-7-2023)
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