The mountains and foothills in and around the town are a valuable scenic resource which should be preserved. Dominant peaks and ridges should be protected and the intensity of development regulated according to the natural characteristics of hillside terrain such as slope, vegetation, landform, soil stability and drainage pattern.
A. Initiation of protection for peaks and ridges. The designation of protected areas for certain peaks and ridges shall be initiated by the council or the planning commission or as part of a comprehensive plan update or as a condition of rezoning of the property.
B. Criteria for consideration. Peaks and ridges that meet one or more of the following criteria may be considered for designation as protected areas under this chapter:
1. The peak point or ridge line lies within one mile of a public preserve.
2. The peak or ridge is a dominant feature in the surrounding landscape or constitutes a significant linking element of a dominant geographic feature.
3. The peak or ridge is an extension of a mountain, major hill or ridge, or other significant terrain feature, from a designated public preserve.
4. The peak or ridge is visible from a scenic route or a road leading to a designated trailhead.
5. The peak or ridge is visible to the community at large.
C. Annexation. A peak or ridge designated by the county as a protected peak or ridge prior to annexation by the town shall be designated by the town as a protected peak or ridge in the ordinance establishing original town zoning for the property.
D. Procedure. A town-initiated protected peak or ridge designation or any amendment to an existing protected peak or ridge designation shall be considered and adopted in the same manner as a rezoning of the affected property.
E. Minor modification. The council or planning commission may modify the 300 foot setback from a protected peak or ridge upon finding that the request meets all of the following conditions:
1. The proposed development is for a single family residence.
2. The only area to be graded within the protected peak and ridge setback area is for a building pad and access to the building.
3. The highest point of the structure is not higher than 20 feet below the elevation of the peak or the nearest ridge.
Any subdivision of or development on any lot or parcel containing designated protected peak or ridge areas, as described in section 17-14-2 above, or containing slopes of 15% or greater, must be reviewed for compliance with this chapter. Until approval of a plat, plan, or permit is granted, no grubbing, grading excavation or construction shall occur.
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