The regulations contained in this subchapter shall apply to all lands in the unincorporated county.
(A) Every legal lot of record and lot in a proposed land subdivision, within a geologic hazard study area as defined by this subchapter, must have a buildable area safe for the intended use. Each buildable area must also have access from the nearest existing public or private street which is free of unreasonable and unacceptable geologic hazards. Any geologic hazards which must be mitigated in order to provide a buildable area with acceptable and reasonable access must be mitigated prior to issuance of the final plat recordation.
The following are exempt from the provisions of this subchapter:
(1) Detached accessory buildings that are not designed for human occupancy;
(2) Remodeling of existing structures designed for human occupancy if no use change or expansion of the existing structure footprint is proposed; and
(3) Expansion of an existing structure where the structure and proposed addition:
(a) Are not in IBC Risk Category III or IV;
(b) Are not in an area where a site-specific surface fault rupture investigation is required per § 155.236(D);
(c) Are not in an area where slope stability analyses are required per § 155.236(E); and
(d) The area of the addition does not exceed 1,000 square feet or the original structure footprint, whichever is left.
(e) Demolition and replacement of a home or structure made for habitation shall be exempt from the requirements of this section. This shall include demolition due to acts of God as well.
(4) Other properties may also be exempt from certain study requirements, as identified in § 155.236 of this code.
(C) As defined in the currently statewide adopted 2018 International Building Code (IBC), Table 1604.5, the county considers IBC Risk Category III buildings and other structures to represent a substantial hazard to human life in the event of failure, except that any structure with an occupancy greater than 1,000 shall also be considered IBC Risk Category III when not meeting the criteria for IBC Risk Category IV; and IBC Risk Category IV buildings and other structures are designated as essential (critical) facilities.
(D) Individual property owners of a lot or parcel or subdivision application may use the county’s hazard webmap to determine if there are any known hazards for the subject property. If the map shows known hazards then geohazard ordinance reports are required as outlined herein. However, if there are no known hazards as defined below then the property owner may sign an affidavit for assumption of liability waiver. If an affidavit is signed and notarized waiving all county liability then no geohazards report as defined herein shall be required. If the property is developed, or split with hazards on a portion of the lot or parcel, or within the subdivision boundary, the hazard map may still be used if no structure shall be located within the hazard area and if that area will not be disturbed by construction of other infrastructure or structures.
(Prior Code, § 8-5I-3) (Ord. 10-02, passed 6-1-2010; Ord. 19-09, passed 10-15-2019; Ord. 21-07, passed 6-15-2021; Ord. 24-12, passed 5-21-2024)