Sec. 36-399. Requirements for construction of buildings.
   Unless exempted by the terms of this section, no residential or nonresidential building or manufactured home shall be erected within the area governed by this article except in compliance with the following provisions:
      (1)   Disturbance limits for single-family homes. Land disturbance associated with the development or redevelopment of a single-family home on land subject to this article shall, in addition to other applicable requirements, comply with the following provisions:
         a.   No more than 50 percent of a lot may be disturbed; provided, however, the disturbance area on any lot shall not be required to be less than 7,500 square feet, nor may the disturbance area on any lot exceed 15,000 square feet.
         b.   No lot may contain more than 6,000 square feet of impervious surface. Any impervious surfaces on a lot shall be counted as disturbed area when calculating the limits contained in subsection (1)a of this section.
         c.   No development or land disturbance activity may occur in the following areas of a parcel:
            1.   Rock outcroppings without a geotechnical analysis assessing the suitability of the site for the proposed disturbance activity.
            2.   Wetlands or buffer areas along streams.
            3.   Natural drainageways.
            4.   All sensitive natural areas.
            5.   Significant historical and archeological resource areas as defined by the National Register of Historic Places or other federal and state agencies.
         d.   The provisions of this subsection (1) shall not apply to the crossing of streams and creeks for utility corridors and roadways if construction does not exceed 1,000 square feet, does not reduce drainage, and meets all other criteria for land disturbance activities as set forth in chapter 22.
      (2)   Disturbance limits for lots intended for other than single-family homes. For lots intended for development as other than single-family homes, the building and grading envelope and impervious surfaces shall be the minimum necessary to develop the property for its intended use as authorized in the special use permit for the project and shall otherwise comply with the requirements of this section.
      (3)   Building and grading envelopes. To the extent practical, building and grading envelopes shall be sited so as to minimize the visibility of any structures to be placed thereon from public rights-of-way or public lands. This may be accomplished through natural terrain, existing vegetation or other means approved by the director.
      (4)   Setbacks. Setbacks shall be used to protect natural features of the mountain and hillside terrain. Placing structures away from the shoulder reduces the visual impact of development as well as erosion on steep slopes. All structures shall be set back a minimum of 20 feet above the shoulder of a ridge line. The shoulder is defined as the plane at which the slope of the land changes from greater than 20 percent to a ridge top of less than 20 percent. Natural vegetation shall be maintained undisturbed within the setback area except for access to a lot or limited cutting to provide a view. All other setbacks, including, but not limited to, those from streams, creeks, springheads and property lines, shall be met as required by this Code with the following exception. Often in steep-slope settings, the preferred placement of a structure is immediately adjacent to the roadway, thereby minimizing the amount of disturbance of the hillside. The community development director shall have authority to reduce the minimum front yard requirements in such circumstances.
      (5)   Outdoor lighting. While lighting outside of homes is often necessary, it can be quite obtrusive in the night skyline. Mountainous and hillside areas are generally rural in character and should be maintained as such even in the presence of development. The following shall apply to the placement of outside lights:
         a.   Except for landscaping lighting not exceeding a height of 24 inches, all lights shall have fully-shielded fixtures that direct the light downward. These shields shall eliminate scattered light and excessive glare.
         b.   Light poles shall not exceed the height of surrounding buildings.
      (6)   Landscaping. Because the mountainous and hillside areas of the town are largely valued for their natural beauty, it is the intention of these regulations to preserve this forested quality.
         a.   No construction equipment or development is permitted outside the building and grading envelope.
         b.   Revegetation is required on all disturbed areas that remain after construction, including areas around permanent structures, resurfaced areas such as driveways and areas of cuts and fills, pursuant to land disturbance regulations. Where trees have been removed due to insect damage or disease, and this tree removal increases land disturbance so that it exceeds the maximum building and grading envelope, replanting is required.
         c.   Riparian buffers act to intercept sediment, nutrients, pesticides, and other materials in surface runoff and reduce nutrients and other pollutants in shallow subsurface water flow. They also serve to provide habitat and wildlife corridors and can reduce erosion by bank stabilization. All buffers shall be protected in accordance with applicable requirements in the soil erosion and sedimentation control requirements contained in chapter 22.
         d.   Any clearing or thinning of trees or other vegetation shall be accomplished in accordance with the requirements of sections 36-234 and 36-262.
(Code 1989, § 92.207; Ord. of 11-18-2008; Ord. of 3-10-2009; Ord. No. 21-05-11, 5-11-2021)