The standards and procedures established by this chapter shall apply to all lands lying within the city limits of the city of LaVerkin, where hilltop or hillside conditions (as addressed herein) exist. In addition, all properties seeking annexation or preapproval of projects pending annexation to the city will be evaluated according to the standards and procedures outlined in this chapter.
A. Most Restrictive Provisions Apply: Except for any clustering provisions that are a part of this chapter, in cases of conflict between the provisions of this chapter and other established regulations, the most restrictive provisions shall apply.
B. Exemptions: The following actions and activities are exempt from the application procedure of this chapter. However, while these actions are exempt from specific requirements, the development standards necessary to accomplish the purpose and intent of this chapter shall be met (e.g., the mitigation of disturbed areas that are not planned for development in the foreseeable future). Development plans shall be submitted to city staff for review to determine possible mitigation requirements prior to any actions or activities taking place.
1. Construction or minor excavation that does not require a grading permit or a building permit.
2. The construction and installation (trenching, utility construction and backfilling) of underground utility systems.
3. The regrading of existing lots for landscape installation provided such regraded area is within the buildable area of the development.
4. Pool/spa construction that does not involve the construction of any retaining walls over four feet (4') in height, whether or not such retaining walls are part of the pool structure.
5. Additions to existing structures and/or construction of accessory structures within the buildable area of a lot unless a grading permit for establishment of same is required.
6. Any project that has received final city approval prior to the effective date of this chapter, provided that such permit or approval has not expired, is not otherwise revoked, and is in compliance with any requirements that this chapter supersedes.
7. The construction of a public street identified in the LaVerkin City general plan and/or transportation master plan that is not part of any overall development project (e.g., a street proposed primarily for improved circulation within the city and not to provide access to any particular parcel or development).
C. Hillside Classification Standards: Each slope category range delineates the relative suitability of land for development.
1. The slope categories are described as follows:
a. 0% to 20%; flat to gently rolling land: Development with grading is permitted in this slope category. Padded building sites are permitted; however, on slopes greater than fifteen percent (15%), techniques such as contour grading, split level architectural prototypes where feasible, or grading for the structure pad only, shall be used to reduce cut and fill.
b. 20.01% to 25%; moderate hillside: Special hillside architectural and design techniques that minimize grading and harmonize with the built and natural environments are required in this slope category. Architectural prototypes and infrastructure elements are expected to complement the natural landform by using techniques required herein. Impact of streets and trails is to be minimized by following natural contours where practicable.
c. 25.01% to 30%; hillside: Development within this slope category shall be limited to slopes where it can be demonstrated that safety, environmental, and aesthetic impacts can be minimized. The use of planning, and design techniques such as larger lots, and appropriate building structural techniques (e.g., stepped slabs, pole foundations, etc.) are expected. Structures shall blend with the natural environment through their shape, materials, and colors. Impact of streets and trails are to be minimized by following natural contours where practicable.
d. 30.01% to 40%; steep hillside: This is a sensitive slope condition and development is prohibited.
e. Greater than 40%; mountainous: This is a severe slope condition and development is prohibited.
2. Both restrictions on and incentives for potential development apply in order to preserve the character of the natural terrain as much as possible. (Ord. 2013-03, 4-3-2013)