(A) Scope and authority.
(1) A zoning ordinance may contain provisions for conditional uses that may be allowed, allowed with conditions, or denied in designated zoning districts, based on compliance with standards and criteria set forth in this chapter for those uses.
(a) C1: The C1 designation is a staff level review. These uses are generally routine and uncontested in nature, and the impact on the surrounding properties is minimal and can be mitigated with simple, inexpensive measures. The Zoning Administrator shall be authorized to review and approve, approve with additional conditions, or deny any application for a C1 designated use. The applicant may appeal the decision of the Zoning Administrator to the Planning Commission. Further, the Zoning Administrator may, based on the potential complexity or conflict in a conditional use, forward the application to the Planning Commission/County Commission for review.
(b) C2: The C2 designation indicates that a review is required by the Planning Commission. These uses are generally more complex in nature and may involve public interest and concern. The Zoning Administrator makes a recommendation to the Planning Commission for review. The Planning Commission may approve, approve with additional conditions or deny any application for a C2 designated use. The applicant may appeal the decision of the Planning Commission to the County Commission. Further, the Planning Commission may, based on the potential complexity or conflict in a conditional use, forward the application to the County Commission for review.
(c) C3: The C3 designation indicates that a review is required by the County Commission. These uses are those which, by nature, are complex and potentially contentious. The mitigating conditions that would apply to such uses are extensive and require the approval of the governing body. The application is heard first by the Planning Commission, with a staff report and recommendation by the Zoning Administrator. The Planning Commission shall forward a recommendation to the County Commission with a positive recommendation, a positive recommendation with additional conditions or a negative recommendation. The County Commission then reviews the application and shall approve, approve with additional conditions or deny the application. Appeals to County Commission decisions are made as outlined in §§ 155.020 through 155.032 of this code.
(Prior Code, § 8-8-1)
(B) Purpose and intent. The purpose of this section and the intent of the county in its adoption is to promote the health, safety, convenience and general welfare of the present and future inhabitants of the county. This purpose includes a recognized interest in protecting the environment and environmental values. This section accomplishes the aforesaid purpose and intent by providing sufficient flexibility to allow in certain areas compatible integration of uses which are related to the permitted uses of the district or are of an interim or temporary nature only, but which may be suitable and desirable only in certain locations in that district due to conditions and circumstances peculiar to that location and/or upon certain conditions which make the uses suitable and/or only if such uses are designed, laid out and constructed on the proposed site in a particular manner. While flexibility in allowing uses which would otherwise be generally unsuitable to a given district is an important goal of this section, it is also recognized that constraints on governmental decision-making are a legal imperative. This section, therefore, also provides a framework of standards within which those governmental decisions must be made.
(Prior Code, § 8-8-2)
(C) Conditional use permit requirements.
(1) Permit required. A conditional use permit shall be required for all uses listed as conditional uses in this chapter. The County Commission is designated as the land use authority for all conditional use permit requests, after receiving a recommendation from the Planning Commission.
(2) Uses requiring permit; exceptions.
(a) The following types of uses require a conditional use permit, wherein approval of a final plan shall constitute the conditional use permit:
1. Mobile home parks;
2. Recreation vehicle parks;
3. Mobile home subdivisions;
4. Utility lines or pipelines serving two or more households or businesses for the transportation, transmission, delivery or receipt of water, natural gas, electricity, telephone, cable television or other similar uses;
5. Commercial and industrial sites;
6. Landfills;
7. Land excavations; and
8. Public and private recreation facilities (golf course, sports complexes, swimming pools, recreation trails, ski resort and the like).
(b) For all other types of conditional uses, final plan approval or a specific conditional use permit will be issued for the particular use as appropriate or as provided for in this chapter.
(c) Uses exempt from conditional use permit include private noncommercial temporary camps or campgrounds with overnight camping not exceeding 30 days per calendar year.
(3) Revocation of permit.
(a) In the event any person holding a conditional use permit pursuant to this division (C) violates the terms of the permit, or conducts or carries on said site development in such a manner as to materially adversely affect the health, welfare or safety of persons residing or working in the neighborhood of the property of the said permittee, a temporary suspension may be made effective immediately upon notification by the Zoning Administrator.
(b) No conditional use permit shall be permanently revoked or suspended until a public meeting is held by the County Commission, after receiving a recommendation from the Planning Commission at a public meeting. The permittee shall be notified in writing of such meetings and said notification shall state:
1. The grounds for complaint or reasons for the revocation or suspension, in clear and concise language;
2. The time and place such meetings are to be held. Such notice shall be served by registered mail or personal service on the permittee at least five days prior to the date set for the meeting. At any such meeting, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence. Upon conclusion of such meeting, the County Commission shall determine whether or not the permit shall be suspended or revoked; and
3. The Planning Commission shall hold a preliminary meeting to consider its recommendations to the governing body for revocation or suspension of permits which have been temporarily suspended as practicable.
(4) Expiration of permit. Every conditional use permit shall run with the land, unless specific conditions regarding time limitation are placed on the permit which are necessary to mitigate potential detrimental effects.
(5) Grounds for denial of conditional use permit application. A conditional use permit may be denied if the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards.
(6) Approval conditions. A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards.
(a) Exceptions. The County Commission, after receiving a recommendation from the Planning Commission, may authorize exceptions to any of the requirements and regulations set forth in this section. Application for any exception shall be made by a verified petition (such as a notarized document) of the applicant stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the conditional use permit application. In order for the land referred to in the petition to come within the provisions of this division (C), it is required that the County Commission find all of the following facts with respect thereto:
1. That the land is of such shape or size, or is affected by such physical conditions, or is subject to such title limitations of record that it is impossible or impractical for the developer to comply with all of the regulations of this chapter;
2. That the exception is necessary for the preservation and enjoyment of a substantial property right by the petitioner;
3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property; and
4. That granting the exception will not be detrimental to the environment.
(b) Exception process. Each proposed exception shall be processed in the same manner as is required by this chapter for conditional use permit applications.
(c) Written findings, conclusions. Any such approval or disapproval of requested exceptions shall be accompanied by written findings of fact and conclusions therefrom.
(7) Inspections for compliance. Following the issuance of a conditional use permit by the land use authority, the Zoning Administrator shall inspect such use to ensure that development is undertaken and completed in compliance with the conditional use permit. Inspection can be requested by the Zoning Administrator, the Planning Commission, the Chairperson of the Planning Commission, the governing body, the Chairperson of the governing body or any affected party.
(8) Minimum construction and improvement standards. Construction standards, including drawings, tables, charts, references and regulations, may be adopted by resolution by the governing body, and when done so shall constitute land development standards supplementing this chapter.
(9) Conflicting provisions. Where specific requirements are made or exemptions allowed under other sections of this chapter, those requirements or exemptions shall prevail over the land development standards supplementing this chapter.
(10) Improvements construction obligation of developer. Improvements required by this chapter shall be constructed at the expense of the developer and shall comply with the land development standards supplementing this chapter.
(11) Commencement of construction prior to approval prohibited. Site improvement or grading of any proposed development site prior to preliminary design plan approval by the land use authority is prohibited.
(Prior Code, § 8-8-3)
(D) Performance standards for all conditional uses. There is a need to promote healthy and visually and auditory attractive environments and to reduce conflicts between different land uses. As part of the purpose to protect the health, safety, convenience and general welfare of the inhabitants of the county, the performance standards delineated in this division (D) are intended to conserve, enhance, restore and maintain significant natural and human-made features which are of public value, including among other things, river corridors, streams, lakes and islands, domestic water supply, watersheds, flood storage areas, natural shorelines and unique vegetation, wetlands, wildlife and fish habitats, significant geological features, tourist attractions, archaeological features and sites, historic features and sites and scenic views and vistas, and to establish criteria and standards for the development, change of use or alteration of such features. As responsible parties, applicants for conditional use permits shall meet all specific requirements made in this chapter. The Planning Commission may establish additional requirements as outlined herein to meet the concerns of safety for persons and property, health and sanitation, environment, general plan and neighborhood needs, performance and administration. More specifically, and without limitation, the Planning Commission may require:
(1) Conditions relating to safety for persons and property:
(a) Building elevations and grading plans which will prevent or minimize floodwater damage, where property may be subject to flooding;
(b) The relocation, covering or fencing of irrigation ditches, drainage channels and other potential attractive nuisances existing on or adjacent to the property;
(c) Increased setback distances from lot lines where the Planning Commission determines it to be necessary to ensure the public safety and to ensure compatibility with the intended characteristics of the district as outlined in this chapter;
(d) Appropriate design, construction and location of structures, buildings and facilities in relation to any earthquake fault which may exist on the property and limitations and/or restrictions on the use and/or location of uses due to special site conditions, including, but not limited to, geologically hazardous areas; floodplains; fault zones; and landslide areas;
(e) Limitations and control of the number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and appearance and harmony with adjacent development;
(f) Plans for the location, arrangement and dimensions of truck loading and unloading facilities;
(g) Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants and street lighting;
(h) Reduction of permitted street grades for winter and storm conditions, or exposure;
(i) Fences shall not create visual nor other safety hazards;
(j) Backing movements, passing vehicles, sidewalk traffic, small children and the like, shall be considered in the location of fences and effects on circulation system;
(k) Numbers and types of vehicles per time period associated with the conditional use activities; and
(l) Time of day and days of the week conditional use may operate.
(2) Conditions relating to health and sanitation:
(a) A guarantee of sufficient water to serve the intended land use and a water delivery system meeting standards adopted by the governing body;
(b) A wastewater disposal system and a solid waste disposal system meeting standards adopted by the governing body; and
(c) Construction of water mains, sewer mains and drainage facilities serving the proposed use, in sizes necessary to protect existing utility users in the district and to provide for an orderly development of land in the county.
(3) Environmental concerns:
(a) Limitations and/or restrictions on the use and/or location of uses in sensitive areas due to soils capabilities, wildlife and plant life;
(b) Standards intended to conserve, enhance, restore and maintain significant natural and human-made features which are of public value, including among other things, river corridors, streams, lakes and islands, domestic water supply watersheds, flood storage areas, natural shorelines and unique vegetation, wetlands, wildlife and fish habitats, significant geological features, tourist attractions, archaeological features and sites, historic features and sites and scenic views and vistas and to establish criteria and standards for the development, change of use or alteration of such features;
(c) Processes for the control, elimination or prevention of land, water or air pollution; the prevention of soil erosion; and the control of objectionable odors. Processes for the control, elimination or prevention of land, water or air pollution; the prevention of soil erosion; and the control of objectionable odors:
1. These processes may include restrictions on degradation of water quality;
2. Developments which produce any discharge to any watercourse shall demonstrate compliance with all federal, state and county water quality standards as evidenced by the issuance of any permits required for their discharge by the federal government, state and/or county; and
3. Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the person, corporation or other entity causing such sedimentation to remove it from all adjoining surfaces and drainage systems prior to final approvals for the project. It is the responsibility of any person, corporation or other entity doing any act on or across a stream, watercourse or swale or upon the floodplain or right-of-way thereof, to maintain as nearly as possible in its present state the stream, watercourse, swale, floodplain or right-of-way during such activity.
(d) The planting of ground cover or other surfacing to prevent dust and erosion:
1. The proposed land disturbing activity will ensure and provide an undisturbed vegetation buffer from the top of the bank of a stream, wetland or other water body, unless a mitigation plan is approved for alterations within the buffer area;
2. Whenever feasible, natural vegetation will be retained and protected;
3. Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development; and
4. Plans will be made to accommodate increased runoff and sedimentation caused by altered soil and surface conditions during and after the proposed activity.
(e) Restructuring of the land and planting of the same as directed by the Planning Commission when the conditional use involves cutting and/or filling the land and where such land would be adversely affected if not restructured;
(f) Limitations and/or restrictions on construction and/or development on slopes in excess of 30% to control erosion;
(g) If the proposed conditional use involves hillside construction and/or development, the application will be approved only after the applicant provides:
1. Topographic information showing that the proposed activity is on land with a slope less than 30% and that it is located more than 200 feet from a known landslide;
2. A geologic/geotechnical report which shall be in form and content approved by the County Engineer, consisting of, among other things, a slope stability study, earthquake analysis and sedimentation analysis, prepared by a certified engineering geologist or geotechnical engineer approved by the County Engineer, certifying that the site or route in its entirety is suitable for the proposed development;
3. Such other engineering or technical reports as may be required by the Planning Commission or governing body; and
4. Detailed construction plans, drawings and specifications which outline all construction methods proposed to be utilized.
(h) In all cases, the applicant may be required to supply a geologic report, a geotechnical study, a hydrological study, a civil engineering study and other applicable engineering studies required by the Planning Commission or governing body acceptable in form and content to the County Engineer;
(i) The applicant’s conditional use may be limited or denied if blasting, drilling or any other construction activity involved will weaken, or cause, adjoining slopes, geologic formations and human-made improvements to become unstable or if the proposed construction or operation will result in the creation of a geologic hazard to surrounding properties, such as through slumping, sliding or drainage modifications;
(j) Standards to maintain the integrity/existence of natural drainage patterns as determined by the Planning Commission;
(k) Construction methods, specifications, drawings, plans and practices as requested by the County Engineer; and
(l) An environmental assessment and/or an environmental impact statement which includes an alternatives analysis performed by a company approved in advance by the Planning Commission may be required.
1. The environmental assessment/environmental impact statement shall identify all environmental concerns, including, but not limited to, visual and auditory aesthetics, erosion control, land, water and air pollution, and an alternatives analysis.
2. The alternatives analysis in the environmental assessment/environmental impact statement will address all reasonably possible alternatives to the proposed project. In the event the proposed use is a utility line or pipeline for the transportation, transmission, delivery or receipt of water, natural gas, electricity, telephone, cable television or any other similar use, public property or roadway rights-of-way shall be utilized to the extent possible and the least damaging practical alternative is presumed to be such public property or roadway rights-of-way; condemnation of private property for such uses is not favored and will only be allowed if there is no other reasonably practical alternative. This analysis must demonstrate that the applicant’s chosen alternative is the least environmentally damaging of those alternatives available.
3. A finding of no other practicable alternative for the proposed use may be made after demonstration by the applicant that:
a. The basic purpose of the project cannot reasonably be accomplished using another alternative;
b. The basic purpose of the project cannot be accomplished by a reduction in the size, scope, configuration or density of the project as proposed, or by changing the design of the project in a way that would result in fewer adverse effects; and
c. If the applicant has rejected other alternatives, the applicant shall show that a reasonable attempt has been made to remove or accommodate the constraints associated with the rejected alternative.
(m) Such other or additional standards as may be established by the Planning Commission or governing body as they may deem necessary for the protection of the health, safety, convenience and general welfare of the present and future inhabitants of the county and the environment.
(4) Conditions relating to compliance with intent of general plan and characteristics of vicinity (or neighborhood):
(a) The removal of structures, debris or plant materials, incompatible with the intended characteristics of the district outlined in this chapter;
(b) The screening of yards or other areas as protection from obnoxious land uses and activities;
(c) Landscaping to ensure compatibility with the intended characteristics of the district as outlined in this chapter;
(d) Limitations or controls on the location, height and materials of walls, fences, hedges and screen plantings to ensure harmony with adjacent development, or to conceal storage areas, utility installations or other unsightly development;
(e) The relocation of proposed or existing structures as necessary to provide for future streets on the major street plan of the county, adequate sight distances for general safety, groundwater control or similar problems;
(f) Provision for or construction of recreational facilities necessary to satisfy needs of the conditional use;
(g) Population density and intensity of land use limitations where land capability and/or vicinity relationships make it appropriate to do so to protect health, safety and welfare or conservation of values;
(h) Other improvements which serve the property in question and which may compensate in part or in whole for possible adverse impacts to the district from the proposed conditional use;
(i) Conservation of values; community, neighborhood and property values; and
(j) The character of the neighborhood and aesthetics of the streetscape shall be considered in the location of fences and in determining the reduction of any front yard for fencing purposes.
(5) Conditions relating to performance:
(a) Time limits on the validity of the conditional use permit. Such time limits shall be determined by the following guidelines:
1. A conditional use permit for uses which are of a temporary nature only may be issued for the intended duration of the temporary use or for two years, whichever period of time is shorter; and
2. Unless there is substantial and positive development action under a conditional use permit within a period of one year of its issuance, said permit shall expire. The Planning Commission and governing body may grant a maximum extension for one year, when deemed in the public interest.
(b) The Planning Commission and/or governing body may require the applicant to pay a performance and completion bond for 115% of the cost of construction. The Planning Commission and governing body may also require a performance bond for 115% of the cost of rehabilitation to ensure that proper rehabilitation is made over a three-year period. The rehabilitation requirements will be determined by the County Engineer;
(c) Specific short- and long-range plans of development may be required to demonstrate timeliness, feasibility and impact on the public;
(d) The applicant may be required to demonstrate that the general and specific requirements of this chapter are met. In addressing these requirements, the applicant and the Planning Commission shall give due regard to the nature and condition of adjacent uses and structures. The environmental and other concerns, including, but not limited to, visual and auditory aesthetics, erosion control, energy conservation concerns and water and air pollution listed in this division (D) under performance standards for conditional uses apply; and
(e) In connection with and as a condition of approval of any application for a conditional use, the applicant shall sign such agreements in form and content approved by the County Attorney, Planning Commission and governing body embodying any of the standards or requirements set forth herein or otherwise established by the Planning Commission and/or governing body.
(6) Energy conservation concerns:
(a) Solar orientation of buildings and uses;
(b) Use of renewable energy sources;
(c) Efficiency of exterior lighting;
(d) Shading and protection of important buildings and pavings (parking lots and the like), landscaping and trees, location of buildings and screens;
(e) Effective use of vestibules;
(f) Wind screening;
(g) Circulation (travel) efficiency;
(h) Efficiency of stormwater removal and erosion control;
(i) Maintenance efficiency for off-site improvements to be maintained by the public; and
(j) Maintenance efficiency for on site improvements to be maintained by users, occupants and owners and the like.
(Prior Code, § 8-8-4)
(E) General standards for conditional use developments. When applicable, the following general standards shall apply to all conditional use developments within the county, unless waived for good and sufficient reasons by the Planning Commission.
(1) Ownership. The development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.
(2) Landscaping, fencing and screening. Landscaping, fencing and screening within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the Planning Commission for approval, together with other required plans for the development.
(3) Signs and lighting. The size, location, design and nature of signs, if any, and the intensity and direction of area lighting or floodlighting shall be detailed in the application.
(4) Grading and drainage plan. A grading and drainage plan shall be submitted to the Planning Commission with the application.
(5) Planting plan. A planting plan showing the proposed tree, shrubbery and lawn plantings shall be prepared for the entire site to be developed, including especially the yards which abut upon public streets.
(6) Use not detrimental. It shall be shown that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety or general welfare of persons residing in the vicinity of the conditional use development.
(7) Water and sewer system. All buildings used for human occupancy when completed shall be served by a central water system and appropriate sewage disposal system which have been approved by the Building Official and which are in compliance with applicable local and state law.
(8) Bond. In order to ensure that the development will be constructed to completion in accordance with approved plans, the Planning Commission shall require the developer to render a payment, or post a performance and/or completion bond, mortgage or other valuable assurance acceptable to the governing body, in an amount equal to the estimated cost as determined by the County Engineer, plus 15% of constructing the proposed project, including, without limitation, all required landscaping, road improvements, pedestrianways, bike paths, curbs and gutters, utility lines, conduits, street lighting, hard surfacing, culinary water and sewer lines (and domestic sewage disposal facilities if sewer is not available), as shown on the final site plan. The Planning Commission and/or governing body shall also require the developer to post an adequate bond to ensure proper rehabilitation as the circumstances warrant. The Planning Commission and/or governing body may also require of the developer an additional bond to ensure against any damage to any property, buildings, improvements, structures, water wells, springs and water aquifers which may be adversely affected by the proposed project in such amounts as the Planning Commission and/or governing body determine is appropriate under the proposed project. Any such bond shall be in favor of the county and each affected third-party private property owner. Estimates of cost shall be furnished by the developer which will be checked for accuracy by the Planning Commission staff. Final determination of the amount of each required bond or other assurance shall be made by the governing body.
(a) The duration of the bond or other assurance shall be for one or more years from the date of approval of the development by the governing body and an extension of time for completion may be granted by the governing body upon application by the developers, provided such application is submitted at least 60 days prior to the expiration of the bond or other assurance, and provided the issuer of the bond is willing to extend the time of the assurance.
(b) In the event the developer defaults or fails or neglects to satisfactorily install the required improvements within one year from the date of approval of the development by the governing body, or to pay all liens in connection therewith, the governing body may declare the bond or other assurance forfeited and the county may install or cause the required improvements to be installed using the proceeds from the collection of the bond or other assurance to defray the expense thereof.
(c) The developer shall be responsible for the quality of all materials and quality of work. At the completion of the work, or not less than ten days prior to the release date of the bond or other assurance, the County Engineer shall make a preliminary inspection of the improvements to be made and submit a report to the governing body setting forth the conditions of such facilities. If all liens are paid and other conditions thereof are found to be satisfactory, the governing body shall release the bond or other assurance. If the condition of material or quality of work shows unusual depreciation or does not comply with the acceptable standards of durability, or if any outstanding liens are not paid, the governing body may declare the developer in default.
(9) Fees and costs paid by applicant. In connection with any application for a conditional use, the applicant shall pay to the county, within ten days of receipt of each invoice, all of the county’s out of pocket engineering and professional fees and costs incurred in connection with the independent professional review, inspection, testing and/or analysis of the proposed development or project, and the project during construction and upon completion of the same, including, without limitation, all plan and report review and inspections, and supervising and reviewing any required environmental assessment or environmental impact statement.
(10) Environment. Grouping and spacing of buildings and dwellings in residential areas shall provide for a restful and uncrowded environment. Landscaped areas shall be encouraged as the dominant features of the development. Areas not covered by buildings or by off-street parking space or driveways shall generally be planted into natural vegetation, lawn, trees and shrubs and otherwise landscaped and maintained in accordance with good landscape practice as approved on the final plan. Permanent automatic irrigation systems shall be installed when required by the Planning Commission to provide for maintenance of planted areas.
(11) Plans, plats and documents. Details of plans, plats and documents to be submitted showing the size of water lines, sewer lines and other domestic sewage disposal facilities, garbage and trash disposal, the quality of material and improvements, protection from adverse influences, lighting, landscaping, off-street parking, grading and other details of design and construction shall conform to standards as set forth in such resolutions pertaining to such standards as may be adopted by the Planning Commission.
(12) Standards and requirements. The development shall meet all standards and requirements of this chapter and all requirements of applicable ordinances.
(13) Character of district. The development shall be in keeping with the general character of the district within which it is to be located.
(14) Plan preparation. Depending upon the complexity of the project, the Planning Commission may require that plans for the development be prepared by a qualified professional team. In all cases, it is recommended that professional design and other assistance be obtained early in the program. It is the intent of the county that the developer solves his or her problems before approval is given and construction begins.
(15) Storm drainage facilities. Storm drainage facilities shall be so constructed as to protect residents of the development as well as adjacent property owners. Such facilities shall be of sufficient capacity to ensure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the development.
(16) Permits required. All structures required by this chapter to have building permits and all uses required to have use permits shall be inspected by the Building Official in accordance with procedures established by the Building Code, as adopted by the county and this chapter; provided, however, that no building permit for such structures or use permits shall be issued until the Planning Commission, or the Zoning Administrator if authorized by the Planning Commission and governing body, has issued a conditional use permit for the building site or use or have determined that a conditional use permit is not required by this chapter.
(Prior Code, § 8-8-5)
(F) Mobile home parks, mobile home subdivisions and recreational vehicle parks.
(1) Purpose and intent. The purpose and intent of this division (F) is:
(a) Variety; flexibility. To permit variety and flexibility in land development for residential purposes by allowing the use of mobile homes and recreational vehicles under certain conditions; and
(b) Promotion; protection. To require that mobile home and recreational vehicle developments will be of such character as to promote the objectives and purposes of this chapter; to protect the integrity and characteristics of the district contiguous to those in which mobile home parks are located; and to protect other land use values contiguous to or near mobile home or recreational vehicle developments.
(2) Location.
(a) Park, subdivision; exception. No mobile home shall be located anywhere within the corporate boundaries of the county, except in a licensed mobile home park or approved mobile home subdivision, or as temporary living quarters by conditional use permit. Emergency or temporary parking of any unoccupied mobile home outside a licensed mobile home park or mobile home subdivision will be permitted for a period not exceeding 24 hours. This limitation does not apply to unoccupied mobile homes in licensed mobile home sales areas.
(b) Recreational coaches. Recreational coaches which do not include facilities necessary to be “mobile homes,” as defined in § 155.008 of this code, shall not be used at any place within the established boundaries of the county, at any time, for living quarters, except in designated camping areas or recreational coach parks.
(c) Unoccupied recreational coaches. Recreational coaches which are unoccupied for living space may be temporarily stored on a private residential lot or larger parcel of land, provided they do not violate any required setbacks for front or side yards. Long-term storage of recreational coaches, maintenance operations, reconstruction or construction activities are permitted within enclosures only and in zoning districts allowing such uses.
(3) Standards and requirements.
(a) Review for compliance. The Planning Commission shall review the proposed development plan to determine its compliance with all portions of the county’s General Plan and, among other things, shall attempt to make sure that such development will constitute a residential environment of sustained desirability and stability, and that it will not adversely affect amenities in the surrounding area. Standards higher than the minimum standards contained in this chapter may be required if necessary for local conditions of health, safety and protection of property and to ensure that the development will mix harmoniously with contiguous and nearby existing and planned uses.
(b) Required facilities. The Planning Commission shall not approve any application for a mobile home park, recreational vehicle park or mobile home subdivision conditional use permit if the developer cannot provide required water supplies and facilities, waste disposal systems, storm drainage facilities, access or improvements or if the developer cannot assure that the development will be completed within 12 months, or if the Planning Commission or governing body determines there would be unusual danger of flood, fire or other hazard or if the proposed development would be of such character or in such a location that it would:
1. Create excessive costs for public services and facilities;
2. Endanger the health or safety of the public;
3. Unreasonably hurt or destroy the environment;
4. Cause excessive air or water pollution, or soil erosion; or
5. Be inconsistent with any adopted general or specific plan of the area in which it is to be placed.
(c) Specified standards and requirements. The development shall conform to the following standards and requirements:
1. The area shall be in one ownership, or if in several, the application for approval of the development shall be filed jointly by all owners of the property included in the plan;
2. A strip of land at least 15 feet wide surrounding the entire park shall be left unoccupied by mobile homes, recreational vehicles, storage buildings, service buildings, garages or any add-ons, and shall be planted and maintained in lawn, shrubs, trees, with an approved durable permanent wall or fence designed to afford privacy to the development;
3. All storage and solid waste receptacles outside the confines of any mobile home or recreational vehicle shall be housed in a closed structure compatible in design and construction to the mobile homes, and to any service buildings within the development; all patios, carports, garages and other add-ons shall be compatible in design and construction with the mobile home. The service buildings shall be constructed in accordance with standard commercial practice and kept in good repair as determined by the Zoning Administrator. In mobile home developments where units will be situated with long axis perpendicular to the street, streets will run in a north-south direction to the greatest extent possible. This is to promote solar orientation of the units; and
4. In addition to meeting the above requirements and conditions, and conforming to the other laws of the county, all mobile home parks, recreational vehicle parks and mobile home subdivisions shall also conform to all applicable state regulations. In the event of any conflict between said regulations and this section, this section shall take precedence where its regulations are more strict and the provisions of the state regulations shall take precedence where such regulations are more strict.
(d) Underground utilities. Every mobile home park, recreational vehicle park and mobile home subdivision shall provide underground utility service to every mobile home stand or lot as required by the Planning Commission, including, but not limited to, water, sewer, power, natural gas, telephone and television.
(e) Inspection and special regulation of mobile homes. Mobile homes are considered by the county to be less durable and less resistant to deterioration than are conventional homes; therefore, all mobile homes which are used for human habitation, whether conforming or nonconforming, and whether located in mobile home parks, in mobile home subdivisions or on bona fide farms or ranches, shall be subject to the following special regulations:
1. Permits are required for mobile home plumbing and electrical hookups, and such hookups shall be made only by licensed plumbers and electricians;
2. No mobile home may be placed on a permanent foundation without state-approved modification;
3. A certificate of compliance is required for all mobile homes within the county, whether occupied or awaiting occupancy, and may be obtained from the Building Official following an inspection wherein the mobile home is found to meet the safety, sanitary and structural standards adopted by the county. The state inspection certificate will be honored in lieu of a certificate of compliance;
4. Each mobile home may be inspected annually, or upon evidence of need, by the Building Official, to determine whether the structure is sound and being kept in a safe and sanitary condition for human habitation. During the inspection, the local Building Official may revoke the certificate of compliance or certificate in lieu thereof for cause, including, but not limited to, violation of the Fire or Sanitary Codes adopted by the county, substantial deterioration of structure so as to adversely affect the health or safety of the occupants or deterioration in appearance so as to be unsightly and to adversely affect the value of neighboring properties;
5. Upon the revocation of a certificate of compliance or certificate in lieu thereof, or a finding of noncompliance, the Building Official shall order the deficiencies corrected and a certificate of compliance obtained within 30 days; and
6. If such deficiencies are not corrected, or cannot be corrected, the mobile home shall be ordered vacated and removed from the premises upon which located and shall not thereafter be used for human habitation within the county unless all deficiencies are corrected and a certificate of compliance obtained.
(f) Compliance with other regulations. Any mobile home or recreational vehicle located in any permitted area shall comply with and conform to all other zoning laws, rules and regulations and Building, Plumbing, Electrical, Fire Prevention and all other Codes and requirements applicable to a structure or building erected within the district in which said mobile home or recreational vehicle is located.
(g) Guarantees.
1. For mobile home parks and recreational vehicle parks, adequate and reasonable guarantees must be provided as determined by the Planning Commission and governing body for permanent retention of open spaces and for the maintenance of roadways, storage facilities, service facilities and landscaping resulting from the application of these regulations. Guarantees shall be in the form of a bond, or a cash deposit, in the sum to be determined by the Planning Commission, which form must be approved by the governing body and the County Attorney. The basis for providing assurance of compliance will be a management plan developed by the applicant and approved by the Planning Commission and governing body that will outline standards of operation, remedies for failure to comply with those standards and a single responsible person or entity for its administration and dealing with the county.
2. In any case, when a mobile home park or recreational vehicle park is owned by more than one person, the developer shall establish and appoint a park manager. The manager shall be authorized to receive, process and represent fully the interests of the owners in respect to continuing management and maintenance of the park.
3. Prerequisite to the operation of any mobile home park or recreational vehicle park in the county shall be the obtaining of an annual business license from the county.
4. In the event a mobile home or recreational vehicle park is not completed according to approved plans or operated and maintained according to the approved management plan, the annual business license may be denied or revoked. The mobile homes or recreational vehicles and associated property and facilities shall be removed, and all services discontinued before any part of the land within the development planning area may be used for any other purpose or be subdivided.
5. The premises on which any mobile home is located, used or occupied shall be maintained in a clean, orderly and sanitary condition. The accumulation of any rubbish, waste, weeds, inoperative vehicles or other unsightly material thereon, shall constitute a public nuisance and a violation of this chapter. Reasonable guarantees to ensure compliance with this requirement will be required of the developer and/or owner as a condition of conditional use permit approval and ultimately the issuance of the annual county business license.
(4) Additional requirements for mobile home parks. In addition to the requirements for mobile home parks outlined in this division (F), mobile home parks shall meet the following requirements.
(a) Number; density. The number of mobile homes shall be limited to seven units per acre and may be limited to fewer units, depending on mobile home size, topography and other factors of the particular site. The mobile homes may be clustered; provided, that the total number of units does not exceed the number permitted on one acre, multiplied by the number of acres in the development. The remaining land not contained in individual lots, roads or parking shall be set aside and developed as parks, playgrounds and service areas for the common use and enjoyment of occupants of the development, and the visitors thereto.
(b) Setbacks. No home or add-on shall be located closer than ten feet from the nearest portion of any other home or add-on. All such homes and add-ons shall be set back at least ten feet from road curbs or walks. If the mobile home tongue remains attached, it shall be set back a minimum of six feet from road curbs or walks. All mobile homes, storage buildings, service buildings, garages, carports or other add-ons and the like, shall be set back at least 15 feet from any boundary of the mobile home park.
(c) Parking. Off-street parking shall be provided at the rate of two parking spaces per mobile home space, and each such parking space shall have a minimum width of ten feet and minimum depth of 20 feet. In no case shall the parking space be located farther than 100 feet from the mobile home space it is designed to serve.
(d) Security compound. A security compound for storage of vehicles, boats and other large items shall be provided equivalent to a minimum of 300 square feet of paved area per mobile home space, as approved by the Planning Commission.
(e) Bulk storage area. One-story bulk storage areas shall be provided within a mobile home park, equivalent to 60 square feet per mobile home space. The area designated for said bulk storage shall be improved, landscaped and screened as approved by the Planning Commission.
(f) Common area. Not less than 10% of the gross land area shall be set aside for the joint use and enjoyment of occupants in a park-like setting with both active and passive recreational accommodations. The land covered by vehicular roadways, sidewalks, off-street parking and required setbacks shall not be construed as part of this 10% common area required; provided, however, that in initial stages of development or special smaller developments, the minimum area shall be not less than one-half acre or 10%, whichever is greater.
(g) Lighting. Yard lighting with a minimum of 0.2 foot-candles of light shall be required for protective yard lighting the full length of all driveways and walkways.
(h) Landscaping. All areas not covered by mobile homes or recreational vehicles, hard surfacing or buildings shall be landscaped as approved by the Planning Commission, and such landscaping shall be permanently maintained.
(i) Surfacing of driveways and parking spaces. All off-street parking spaces and driveways shall be hard-surfaced before the adjacent spaces may be occupied.
(j) Roadways. The roadways shall be designed to accommodate anticipated traffic, including the following standards, unless modified by an approved planned unit development plan:
1. One-way traffic: A minimum of 15 feet in width plus extra width as necessary for maneuvering mobile homes;
2. Two-way traffic: A minimum of 30 feet in width;
3. Entrance roadways: A minimum of 36 feet in width;
4. Roadways: All roadways shall be hard-surfaced and bordered by 24-inch rolled gutters or an approved equivalent;
5. Sidewalks: 36-inch minimum width sidewalks shall be installed on all main roadways within the development, if required by the Planning Commission; and
6. Access: Each park shall have at least two accesses to public streets, unless more than one access is prohibited by a responsible public agency.
(k) Skirting. Within 45 days of occupancy, each mobile home shall be skirted or if shields are used, they are to be fireproof, well-painted or otherwise preserved.
(l) Storm drainage. Storm drainage facilities shall be so constructed as to protect residents of the development as well as adjacent property owners. Such facilities must be of sufficient capacity to ensure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the development.
(m) General appearance. The mobile home park shall:
1. Be in keeping with the general character of the district in which it is to be located;
2. Be located on a parcel of land not less than ten acres, or on two or more parcels separated by a street or alley only and totaling ten acres, unless modified by an approved planned unit development plan; and
3. Have at least 25 spaces completed, ready for occupancy, or an approved financing plan for construction and phase completion, together with approved security to ensure compliance, before first occupancy is permitted.
(n) Laundry. A laundry for convenience of park occupants, but not for the general public, may be included in mobile home parks.
(o) Term of rental. No mobile home space shall be rented for a period of less than 30 days, and occupancy shall be by written lease. Leases shall be made available for inspection by the officials of the county upon demand.
(p) Mobile home stands. Access shall be provided to each mobile home stand for maneuvering mobile homes into position. The accessway shall be kept free from trees and other immovable obstructions. Paving under mobile homes will not be required if adequate support is provided as required by state regulations. Use of planks, steel mats or other means to support the mobile home during placement shall be allowed, as long as the same are removed upon completion of placement.
(5) Additional requirements for recreational vehicle parks. In addition to the requirements for recreational vehicle parks outlined in herein, recreational vehicle parks shall meet the following requirements.
(a) Location. Recreational vehicle parks shall generally be located:
1. Adjacent to or in close proximity to a major traffic artery or highway;
2. Near adequate shopping facilities; and
3. Within or adjacent to a mobile home park.
(b) Common area. Not less than 10% of the gross land area shall be set aside for the joint use or enjoyment of occupants. The land covered by vehicular roadways, sidewalks and off- street parking shall not be construed as part of the 10% common area required for parks and playgrounds for occupants; provided, however, that in initial stages of development or in special smaller developments the minimum area shall not be less than one-half acre or 10%, whichever is greater.
(c) Lighting. Yard lighting with a minimum of 0.2 foot-candles of light shall be required for protective yard lighting the full length of all driveways and walkways.
(d) Landscaping. All areas not covered by recreational vehicles, hard surfacing or buildings shall be landscaped and permanently maintained pursuant to a plan approved by the Planning Commission.
(e) Surfacing of driveways and parking areas. All off-street parking spaces and driveways shall be hard-surfaced before the adjacent recreational vehicle spaces may be occupied.
(f) Roadways. The roadways shall be designed to accommodate anticipated traffic, including the following standards, unless modified by an approved planned unit development plan:
1. One-way traffic: A minimum of 15 feet in width, plus extra width as necessary for maneuvering recreational vehicles;
2. Two-way traffic: A minimum of 30 feet in width;
3. Entrance roadways: Minimum of 36 feet in width;
4. Roadways: All roadways shall be hard-surfaced and bordered by 24-inch rolled gutters or an approved equivalent;
5. Sidewalks: 36-inch minimum width sidewalks shall be installed on all main roadways within the development, if required by the Planning Commission; and
6. Access: Each recreational vehicle park shall have at least two accesses to public streets, unless more than one is prohibited by a responsible public agency.
(g) Term of rental. No individual space in a recreational vehicle park shall be used by one individual recreational vehicle for more than 90 days consecutively, nor shall such space be rented or leased to any one individual for a period longer than 90 days in any one calendar year.
(h) Storage areas. Recreational vehicles may be stored where permitted, but not used for permanent living quarters.
(i) Sales lots. Recreational vehicles may be stored, displayed, sold and serviced, but not used for living quarters, in a sales lot in an appropriate zoning district when such use is a permitted or a conditional use.
(j) Within mobile home parks. Recreational vehicles may be accommodated in an approved and licensed mobile home park; provided, that:
1. The recreational vehicle park portion of the development is separated by barriers, screens or otherwise from the area of mobile homes;
2. The recreational vehicle use area shall have direct access to a collector or arterial street; and
3. Separate ingress and egress shall be provided for recreational vehicles when required by the Planning Commission.
(k) Location of developments. Recreational vehicle parks may be approved by the governing body in locations permitting such use in this chapter. Before such approval is given, a report to the governing body by the Planning Commission shall find that the proposed development will:
1. Be placed on a parcel of land of not less than five acres, or within a mobile home park, unless modified by a planned unit development plan; and
2. Before first occupancy, have at least 25 spaces completed (ten if in a mobile home park), or an approved schedule of financing, construction and phase completion and approved security, to ensure compliance.
(6) Additional requirements for mobile home subdivisions. In addition to the requirements for mobile home subdivisions outlined herein, mobile home subdivisions shall meet the following requirements.
(a) Locations. Mobile home subdivisions may be approved by the governing body in locations permitting such use in this code. Before such approval may be granted, a report to the governing body by the Planning Commission shall find that the proposed development will:
1. Be located on a parcel of land containing not less than five acres;
2. Contain lots with a minimum net area of 5,000 square feet and a minimum width of 50 feet; and
3. Be organized in a homeowners’ association, if required by the Planning Commission.
(b) Security compound. The Planning Commission may require a security compound for the storage of vehicles, boats and other large items, to be provided equivalent to a minimum of 300 square feet of paved area per mobile home lot, to be maintained by a homeowners’ association in the mobile home subdivision.
(c) Skirting. Each mobile home shall be skirted or shielded within 45 days of occupancy. If shields are used, they are to be fireproof and painted, or otherwise preserved.
(d) Street width. Street widths shall be as required by the development regulations, except as may be modified by an approved planned unit development plan.
(e) Term of rental. No mobile home in a mobile home subdivision shall be rented or leased for a period of less than 90 days.
(Prior Code, § 8-8-6)
(G) Landfills and land excavations.
(1) Purpose and intent. This division (G) is adopted to promote public safety and the general public welfare; to protect property against loss from erosion, earth movement and flooding; to maintain a superior community environment; to provide for the continued orderly growth of the county; and to ensure the maximum preservation of the natural scenic character of major portions of the county by establishing minimum standards and requirements relating to land grading, excavations and fills and procedures by which these standards and requirements may be enforced. It is intended that this division (G) be administered with the foregoing purposes in mind and specifically in an attempt to:
(a) Ensure that the development of each site occurs in a manner harmonious with adjacent lands so as to minimize problems of drainage, erosion, earth movement and similar hazards;
(b) Ensure the public lands and places, watercourses, streets and all other lands in the county are protected from erosion, earth movement or drainage hazards;
(c) Ensure that the planning, design and construction of all development will be done in a manner which provides maximum safety and human enjoyment and except where specifically intended otherwise, makes such construction as unobtrusive in the natural terrain as possible; and
(d) Ensure, insofar as practicable, the maximum retention of natural vegetation to aid in protection against erosion, earth movement and other hazards and to aid in preservation of the natural scenic qualities of the county.
(2) Permit required; exceptions.
(a) No person shall commence or perform any grading or excavation, including those in gravel pits and rock quarries, in excess of the limits specified below without first obtaining a conditional use permit for such grading or excavation.
(b) In this division (G), all references to conditional use permit shall mean a conditional use permit for grading or excavation. (See also the Building Code.)
(c) A conditional use permit shall be required in all cases where development comes under any one or more of the following provisions, unless such work is otherwise exempted elsewhere in this section:
1. Excavation, fill or any combination thereof exceeding 1,000 cubic yards;
2. Fill exceeding five feet in vertical depth at its deepest point measured from the adjacent undisturbed ground surface;
3. An excavation exceeding five feet in vertical depth at its deepest point;
4. An excavation, fill or combination thereof exceeding an area of one acre; and
5. Vegetation removal from an area in excess of one acre.
(d) A conditional use permit shall not be required in the following cases:
1. Excavations below finished grade for which a building permit is required and has been issued by the county, including, but not limited to, the following:
a. Septic tanks and drainfields;
b. Tanks;
c. Vaults;
d. Tunnels;
e. Equipment basements;
f. Swimming pools;
g. Cellars; or
h. Footings for buildings or structures.
2. Excavation or removal of vegetation within property owned by public utility companies or within public utility easements by public utility companies;
3. Removal of vegetation as a part of the work authorized by an approved building permit;
4. Tilling of soil or cutting of vegetation for agricultural or fire protection purposes;
5. Commercial quarries operating with valid conditional use permits and/or in appropriate Industrial Zones as provided for in this chapter;
6. Engineered interior fills or surcharge on the property with respect to industrial development;
7. Items not covered by this section which are exempted from required permits by this chapter and the Building Code of the county; and
8. Grading and/or excavation done pursuant to an approved final subdivision plan.
(3) Responsibility. Failure of the county officials to observe or recognize hazardous or unsightly conditions, or to recommend denial of the conditional use permit, or of the Planning Commission to deny said permit, shall not relieve the permittee from responsibility for the condition or damages resulting therefrom.
(4) Retention of plans. Plans, specifications and reports for all excavation conditional use permit applications submitted to the county for approval shall be retained by the county for a minimum period of two years.
(5) Inspections.
(a) The Zoning Administrator and Building Official, with assistance from the County Engineer, shall make the inspections hereinafter required and shall either approve that portion of the work completed or shall notify the permittee wherein the same fails to comply with this section. Where it is found by inspection that conditions are not substantially as stated or shown in the conditional use permit application, the inspector may stop further work until and unless approval is obtained for a revised grading plan conforming to the existing conditions.
(b) Plans for grading work, bearing the stamp of approval of the Planning Commission, shall be maintained at the site during the progress of the grading. Until the final inspection is made, a card issued by the county indicating permission to grade has been granted shall be prominently displayed near the front property line of the property involved so as to be visible from the street on which the property fronts.
(c) In order to obtain inspections, the permittee shall notify the county at least 24 hours before said inspection is to be made.
(d) Inspections shall be made.
1. Before commencement of grading operations and after required construction stakes have been set;
2. When all rough grading has been completed; and
3. When all work, including installation of all drainage and other structures and required planting has been completed.
(6) Standards and specific requirements.
(a) Applicability. All grading and excavation shall comply with the requirements set forth in this section in addition to other requirements of this chapter.
(b) Hours and days of operation.
1. All grading and excavation in or contiguous to residential neighborhoods shall be carried on between the hours of 7:00 a.m. to 5:30 p.m. The Zoning Administrator may waive this requirement if it is shown that restricting the hours of operation would unduly interfere with the development of the property and it is shown that other properties or neighborhood values would not be adversely affected.
2. All grading and excavation in or contiguous to residential neighborhoods shall be carried on only Monday through Friday during the week.
(c) Dust and dirt control. All graded or disturbed surfaces of excavations, and all equipment materials and roadways on the site shall be dampened or suitably treated, managed or contained to prevent the deposit of debris, dust or dirt on neighboring streets and properties; all materials transported to or from the site shall be so contained during transportation as to prevent spillage on streets or other property outside of the site.
(d) Slopes. The Zoning Administrator may require the percent of slope of a cut or fill to be reduced if it is found that the cut or fill is subject to unusual or excessive erosion, or if other conditions make such requirements necessary for stability. The Zoning Administrator may permit steeper slopes where the material being cut is unusually stable.
(e) Fill material. All fill, except in publicly approved refuse disposal or other landfill operations, shall be earth, rock or other inert materials free from organic material and free of metal, and except that topsoil spread on cut and fill surfaces may incorporate humus for desirable moisture retention and plant growth properties.
(f) Drainage. Adequate provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or any portion of a fill. All drainageways and structures shall carry surface waters without producing erosion to the nearest practical street, storm drain or natural watercourse acceptable to the County Engineer as a safe place to deposit and receive such waters. The County Engineer may require such drainage structures to be constructed or installed as necessary to prevent erosion damage or to prevent saturation of the fill or material behind cut slopes.
(g) Finished cuts and slopes. The exposed or finished cuts or slopes of any fill or excavation shall be smoothly graded. All exposed slopes of any cut or fill shall be protected by approved planting, crib walls or walls and planting, terracing or combination thereof.
(h) Backfilling. Any pipe trench or other trenching or excavation made in any slope of any excavation or filled site shall be backfilled and compacted to the level of the surrounding grade.
(i) Compaction of fills. Unless otherwise directed by the Zoning Administrator, all fills governed by this chapter intended to support buildings, structures or where otherwise required to be compacted for stability, shall be compacted, inspected and tested in accordance with the following provisions:
1. The natural ground surface shall be prepared by removal of topsoil and vegetation and, if necessary, shall be graded to a series of terraces;
2. The fill shall be spread in a series of layers, each not exceeding six inches in thickness, and shall be compacted by “sheepsfoot” roller compactor (after each layer is spread) or other method acceptable to the County Engineer;
3. The moisture content of the fill material shall be controlled at the time of spreading and compaction to obtain required maximum density;
4. The fill material after compaction shall have an average dry density of not less than 95% of maximum dry density and a minimum of 90% in all portions of the fill requiring compaction as determined by the AASHO soil compaction test method T99-57 or T180-57, or other testing method acceptable to the County Engineer and Zoning Administrator;
5. A written report of the compaction, showing location and depth of test holes, materials used, moisture conditions, recommended soil bearing pressures and relative density obtained from all tests, prepared by a civil engineer or soils engineer licensed by the state, shall be submitted to the Zoning Administrator or County Engineer; and
6. The Zoning Administrator may require additional tests or information if, in his or her opinion, the conditions or materials are such that additional information is necessary and may modify or delete any of the above listed requirements that in his or her opinion are unnecessary to further the purpose of this chapter.
(j) Erosion control and landscaping. All cut and fill surfaces created by grading, except for firebreak purposes, shall be planted with a ground cover that is compatible with the natural ground covers in the county. Topsoil is to be stockpiled during rough grading and used on cut and fill slopes. When slopes too steep to support continuous ground cover have been permitted and in lieu thereof niches and ledges provided for planting, such slopes need not be planted with a continuous ground cover but may instead be screened with vines and plantings. Cuts and fills along public roads may be required to be landscaped so as to blend into the natural surroundings. All plant materials must be approved by the Planning Commission prior to issuance of a conditional use permit.
(k) Filling for agricultural and fire protection purposes. Filling of the ground for agricultural or fire protection purposes shall be accomplished with such practices as will prevent erosion and damage to natural drainage channels.
(l) Final inspection.
1. If upon final inspection of any grading it is found that the work authorized by the conditional use permit has been satisfactorily completed in accordance with the requirements of this chapter, and any other requirements imposed, the Zoning Administrator shall so record in the record.
2. The Zoning Administrator shall have the power to revoke any conditional use permit whenever it is found that the work covered by the certificate has been materially extended or altered without prior approval, or that any planting, retaining walls, cribbing, drainage structures or other protective devices as shown on the approved plans and specifications submitted with the application for a permit have not been maintained in good order and repair.
3. Before such revocation, the Zoning Administrator shall first give written notice to the owner of the property involved, specifying the defective condition and stating that unless such defective condition is remedied satisfactorily, the conditional use permit may be revoked. If the defective condition is remedied to the satisfaction of the Zoning Administrator, the certificate shall not be revoked.
(m) Special precautions. Special precautions shall be taken to preserve life, property values, stable soils conditions and aesthetics, including, but not limited to, the following:
1. Requiring a more level exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing, installation of plant materials for erosion control, and reports of a registered soils engineer and/or engineering geologist whose recommendation may be made a requirement for further work. Such requirement by the Zoning Administrator shall constitute a change order in the work; and
2. Where it appears that storm damage may result from work performed hereunder, such work may be stopped and the permittee required to take such measures as may be necessary to protect adjoining property or the public safety. On large operations or where unusual site conditions prevail, the Zoning Administrator may specify the time at which grading may proceed and the time of completion or may require that the operation be conducted in specific stages so as to ensure completion of protective measures or devices prior to the advent of seasonal rains.
(n) Excavations. All excavations shall be limited as follows:
1. No cut slope shall exceed a vertical height of 100 feet unless horizontal benches with a minimum width of 30 feet are installed at each 100 feet of vertical height. No excavation shall be made with a cut face steeper in slope than two horizontal to one vertical;
2. The land use authority may permit the excavation to be made with a cut face steeper in slope than two horizontal to one vertical if the applicant can reasonably show that the material making up the slope of the excavation and the underlying bedrock is capable of holding satisfactorily on a steeper gradient. No slopes shall be cut steeper than the bedding planes, fault or joint in any formation where the cut slope will lie on the dip side of the strike line of the fracture, bedding plane, fault or joint. No slopes shall be cut in an existing landslide, mudflow or other form of naturally unstable slope, except as recommended by a qualified geological engineer after conducting a site-specific geologic hazards study. Geologic hazards studies shall meet the minimum requirements of § 155.230 of this code. Where the excavation is exposed straight above the top of the cut which will permit the entry of water along bedding planes, this area shall be sealed with a compacted soil blanket having a minimum thickness of two feet. The soil for this blanket shall be relatively impervious and must be approved for such use by the engineering geologist. If the material of the slope is of such composition and character as to be unstable under the anticipated maximum moisture content, the slope angle shall be reduced to a stable value; and
3. No excavation for construction of new utility and telephone lines shall be made in paved streets within five years after paving. During said five-year period, tunneling under such streets may be authorized if otherwise in compliance with this section, where to do so would facilitate construction of new utility and telephone lines, or maintenance unless approved by the County Engineer.
(o) Fills.
1. All fills shall be limited as follows: No fill slope shall exceed a vertical height of 100 feet, unless horizontal benches with a minimum width of 30 feet are installed at each 100 feet of vertical height.
2. The land use authority may permit a fill to be made which creates an exposed surface steeper in slope than two horizontal to one vertical if the applicant can reasonably show that the strength characteristics of the material to be used in the fill are such as to produce an equivalent degree of slope stability and sufficient strength characteristics to support the fill within reasonable settlement values so as to produce an equivalent degree of safety.
(p) Prohibited activities.
1. The provisions of this division (G) shall not be construed as permitting the removal of topsoil solely for resale, or of permitting quarrying of any site within the limits of the county, unless in a zoning district allowing such activities.
2. This division (G) shall also not be construed as authorizing any person to maintain a private or public nuisance upon his or her property, and compliance with the provisions herein shall not be a defense in any action to abate such nuisance.
(Prior Code, § 8-8-7)
(H) Restricted lots. No building permits shall be issued for construction of any building or structure to be located on a restricted lot or parcel, unless the permit complies with all of the requirements pertaining to the specific restrictions in place on the lot or parcel and the county’s subdivision regulations.
(Prior Code, § 8-8-8)
(Ord. 10-11, passed 6-15-2010; Ord. 10-16, passed 12-14-2010; Ord. 10-17, passed 12-14-2010; Ord. 11-03, passed 3-1-2011; Ord. 12-04, passed 5-1-2012; Ord. 14-08, passed 12-4-2014)