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Pima County Overview
Pima County, AZ Code of Ordinances
PIMA COUNTY, ARIZONA CODE
Publisher's Introduction
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 INDIGENT HEALTH CARE
Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 ENVIRONMENTAL QUALITY
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 TRAFFIC AND HIGHWAYS
Title 11 PIMA COUNTY PROCUREMENT CODE
Title 12 (RESERVED)
Title 13 PUBLIC SERVICES
Title 14 RENEWABLE ENERGY INCENTIVE DISTRICT (REID)
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 FLOODPLAIN MANAGEMENT
Title 17 AIR QUALITY CONTROL
Title 18 ZONING
Chapter 18.01 GENERAL PROVISIONS
Chapter 18.03 GENERAL DEFINITIONS
Chapter 18.05 ZONES, MAPS AND BOUNDARIES
Chapter 18.07 GENERAL REGULATIONS AND EXCEPTIONS
Chapter 18.09 GENERAL RESIDENTIAL AND RURAL ZONING PROVISIONS
Chapter 18.11 TH TRAILER HOMESITE ZONE
Chapter 18.12 IR INSTITUTIONAL RESERVE ZONE
Chapter 18.13 RH RURAL HOMESTEAD ZONE [1]
Chapter 18.14 GR-1 RURAL RESIDENTIAL ZONE
Chapter 18.15 ML MOUNT LEMMON ZONE
Chapter 18.17 SR SUBURBAN RANCH ZONE*
Chapter 18.18 SR-2 SUBURBAN RANCH ESTATE ZONE
Chapter 18.19 SH SUBURBAN HOMESTEAD ZONE
Chapter 18.21 CR-1 SINGLE RESIDENCE ZONE
Chapter 18.23 CR-2 SINGLE RESIDENCE ZONE
Chapter 18.25 CR-3 SINGLE RESIDENCE ZONE
Chapter 18.27 CR-4 MIXED-DWELLING TYPE ZONE
Chapter 18.29 CR-5 MULTIPLE RESIDENCE ZONE
Chapter 18.31 TR TRANSITIONAL ZONE
Chapter 18.33 CMH-1 COUNTY MANUFACTURED AND MOBILE HOME - 1 ZONE
Chapter 18.35 CMH-2 COUNTY MANUFACTURED AND MOBILE HOME - 2 ZONE
Chapter 18.37 MU MULTIPLE USE ZONE
Chapter 18.39 GENERAL COMMERCIAL STANDARDS
Chapter 18.40 MR MAJOR RESORT ZONE
Chapter 18.41 RVC RURAL VILLAGE CENTER ZONE
Chapter 18.43 CB-1 LOCAL BUSINESS ZONE
Chapter 18.45 CB-2 GENERAL BUSINESS ZONE
Chapter 18.47 INDUSTRIAL ZONING CLASSIFICATIONS
Chapter 18.49 CPI CAMPUS PARK INDUSTRIAL ZONE
Chapter 18.51 CI-1 LIGHT INDUSTRIAL/WAREHOUSING ZONE
Chapter 18.53 CI-2 GENERAL INDUSTRIAL ZONE
Chapter 18.55 CI-3 HEAVY INDUSTRIAL ZONE*
Chapter 18.57 AIRPORT ENVIRONS AND FACILITIES*
Chapter 18.58 HELIPORTS AND HELISTOPS
Chapter 18.59 GC GOLF COURSE ZONE
Chapter 18.61 HILLSIDE DEVELOPMENT OVERLAY ZONE*
Chapter 18.63 HISTORIC ZONE
Chapter 18.65 (RESERVED)
Chapter 18.67 BUFFER OVERLAY ZONE
Chapter 18.68 INFILL OVERLAY ZONE
Chapter 18.69 SUBDIVISION STANDARDS
Chapter 18.70 MINOR LANDS DIVISION
Chapter 18.71 DEVELOPMENT PLAN STANDARDS*
Chapter 18.72 NATIVE PLANT PRESERVATION
Chapter 18.73 LANDSCAPING, BUFFERING AND SCREENING STANDARDS*
Chapter 18.75 OFF-STREET PARKING AND LOADING STANDARDS
Chapter 18.77 ROADWAY FRONTAGE STANDARDS
Chapter 18.78 GATEWAY OVERLAY ZONE
Chapter 18.79 SIGN STANDARDS*
Chapter 18.81 GRADING STANDARDS
Chapter 18.83 ADDRESS STANDARDS
Chapter 18.85 (RESERVED)
Chapter 18.87 (RESERVED)
Chapter 18.89 COMPREHENSIVE PLAN [2]
Chapter 18.90 SPECIFIC PLANS
Chapter 18.91 REZONING PROCEDURES
Chapter 18.92 TRANSFER OF DEVELOPMENT RIGHTS
Chapter 18.93 BOARD OF ADJUSTMENT VARIANCES, TEMPORARY USE PERMITS AND INTERPRETATIONS*
Chapter 18.95 COMPLIANCE AND ENFORCEMENT*
Chapter 18.97 CONDITIONAL USE PROCEDURES
Chapter 18.99 REVIEW COMMITTEES
Chapter 18.101 ADMINISTRATORS
Title 19 ROADWAY DEVELOPMENT FEE
Title 20 THE SMALL BUSINESS ENTERPRISE PARTICIPATION PROGRAM
Title 21 PUBLIC LANDS AND FACILITIES
STATUTORY REFERENCES FOR ARIZONA COUNTIES
CROSS-REFERENCE TABLE
ORDINANCE LIST AND DISPOSITION TABLE
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18.61.041   Protected peaks and ridges standards.
   A.   Development Restrictions in and near Protected Areas.
      1.   All development is prohibited within the protected area of a peak or ridge except with a special use permit, level two permit, or addition permit as provided in this chapter.
      2.   On land parcels approved for rezoning after August 11, 1998, all development is further prohibited within one hundred fifty feet (map distance) from a level one protected area.
      3.   All development within a level two protected area must comply with the level two protected area mitigation standards as provided in this chapter.
   B.   Color Requirements in and near Protected Areas. All exposed exterior walls and roofs of buildings (unless a roof is screened by a parapet wall extending at least three feet above the building), retaining walls, accessory structures, roads and utility structures located within the protected area of a peak or ridge or within a horizontal radius (map distance) of three hundred fifty feet from the protected area of a peak or ridge shall be earthtone in color to blend with the natural setting. Colors shall not exceed a light-reflective value of thirty-eight percent. The earthtone color palette is below in Section 18.61.041(C)(7).
   C.   Level Two Protected Area Mitigation Standards. All development within the level two protected area shall be reviewed for a level two permit with the following standards:
      1.   Native trees and shrubs shall be planted and spaced in at most twenty foot intervals to screen all building walls. An alternative vegetation that would achieve the same results may be used if approved by the planning official or his assigned designee. In all cases, fifteen-gallon plants or larger shall be used, and they must be connected to an irrigation system;
      2.   Roadway edges shall be revegetated in accordance with Section 18.61.055;
      3.   Building height shall not exceed eighteen feet;
      4.   Roof mounted antennas shall not be visible above the roofline;
      5.   Development activity shall comply with Section 18.61.042(C)(3)(c) through (f);
      6.   Lighting shall be in accordance with the county outdoor lighting code (Title 15); and
      7.   Building wall colors shall be earthtone and selected from a color palette of browns, adobes, rusts, tans, beiges, sepias, olives, mauves, and grays.
      8.   The width of a private driveway that must cross the protected area of a level two protected peak or ridge shall not exceed ten feet, and the width of a private roadway providing two-way access that must cross the protected area of a level two protected peak or ridge shall not exceed eighteen feet.
      9.   All utilities that cross the protected area of a level two peak or ridge shall be underground, with no accessory utility structures allowed within the protected area of the peak or the ridge, and the pathway to construct and install the utilities shall be completely revegetated.
   D.   Development Review Adjacent to Protected Peaks or Ridges.
      1.   When development is proposed within three hundred fifty feet of a level one or level two protected area, the developer shall submit to the development services department a topographic map (scale no smaller than one inch equals one-hundred feet with ten-foot contour intervals) delineating the protected area of the peak or ridge, the peak point or ridge line, and elevations.
      2.   This map shall be submitted in conjunction with a grading plan for building permit review purposes, tentative plat or development plan. This requirement shall also apply when a road or development is proposed within a protected area, subject to the granting of a special use or an addition permit in accordance with Section 18.61.042.
   E.   Site Design Guidelines for Level Two Peaks and Ridges. Development within the level two protected area shall be guided by the adopted Site Design Guidelines for Level 2 Peaks and Ridges.
(Ord. 2011-2 § 14, 2011; Ord. 2004-21 § 1 (part), 2004; Ord. 2003-17 § 1 (part), 2003)
18.61.042   Special use permits and addition permits for protected areas of level one peaks or ridges.
   A.   Special Use Permit within Level One Protected Areas of Peaks or Ridges.
      1.   The board of supervisors may grant a special use permit for development within the protected area of a level one protected peak or ridge when such development can be proven by the developer to serve a need that outweighs the need for the restrictions of Section 18.61.041(A).
      2.   No permit shall be issued that:
         a.   Is contrary to the purpose and intent of this chapter;
         b.   Allows a use not allowed on a property by other chapters of this code; or
         c.   Allows a use that substantially injures the use of adjacent property conforming to the restrictions of this chapter.
      3.   Grounds for issuing a special use permit shall not include:
         a.   That the issuance of the permit would allow a more profitable use; or
         b.   Any condition resulting from a division of land parcels made after July 1, 1976.
      4.   The supervisors may place conditions on the permit to carry out the purpose and intent of this chapter.
      5.   The permit shall be void if not used to obtain building permits within two years of its issuance. The permit shall run with the land, but only after the construction of any authorized structures.
   B.   Addition Permit within Level One Protected Areas of Peaks and Ridges.
      1.   An addition permit may be granted so long as the main use is permitted and is a legal nonconforming use within a level one protected area.
      2.   An addition permit applies to an addition to the property such as additions to the main use, accessory structures and uses, including guest houses, swimming pools, walls and similar structures within level one protected areas of protected peaks or ridges in accordance with the provisions of this subsection if the main structure or use is a permitted dwelling. The granting of an addition permit shall not waive or modify any applicable building or fire codes.
      3.   Standards. The director of the development services department or an assigned designee may grant an addition permit only after a finding is made that the visual impact can be minimized by applying all the following standards and only conditioned upon all the standards being addressed:
         a.   The height of the property addition shall not exceed the highest point in elevation of the main dwelling;
         b.   The addition shall be located in such a manner that views of the prominent land forms, unusual stands of vegetation, and public preserves are not obstructed. If the addition cannot be reasonably and practicably located as required by this section, the addition shall result in the least reasonably possible obstruction of such viewshed;
         c.   Drainage from the property addition shall not adversely affect adjoining properties and public rights-of-way;
         d.   The property addition shall not significantly interfere with the air temperature/solar radiation orientation of buildings on adjoining properties;
         e.   The location of the property addition shall not impose objectionable noise levels or odors on adjoining properties;
         f.   No additional utility poles shall be erected. All utilities shall be underground.
      4.   Notice to owners of affected properties.
         a.   Mailed notice including a sketch plan shall be sent to property owners within one thousand feet of the subject property;
         b.   The director of the development services department or an assigned designee may waive the giving of notice, if the applicant submits written consent of the addition permit by all property owners of affected property as defined in Section 18.61.042(C)(4)(a) above.
      5.   Decision by the director of development services or an assigned designee.
         a.   The director of the development services department or an assigned designee shall review all the submitted information and provide a written response to the applicant;
         b.   The response shall state the reasons for the decision if the request is denied;
         c.   If the director of the development services department or an assigned designee approves the permit, it may be issued for the property addition.
      6.   Appeals or referrals to the board of adjustment.
         a.   The applicant may appeal the decision of the director of the development services department or an assigned designee to the applicable board of adjustment in accordance with Section 18.93.030 to be treated as a variance request.
         b.   If a protest to a proposed addition within the protected area of a peak or ridge is submitted in writing within fifteen days of the date of the mailing of notice by an owner of affected property, as specified above, the director of the development services department or an assigned designee shall refer the application to the board of adjustment to be heard in accordance with Section 18.93.030. Protests shall be based solely upon characteristics of the proposed property addition.
      7.   The director of the development services department or an assigned designee may refer any application to the board of adjustment to be heard in accordance with Section 18.93.030.
      8.   A separate fee is required for appeals filed with the board of adjustment in accordance with the standard fee for variance applications (as specified in the Planning and Development Services Fee Schedule).
(Ord. 2003-17 § 1 (part), 2003)
18.61.043   Application and public notice for special use or addition permit in protected areas.
   A.   Submittal Requirements. A request for a special use permit or addition permit for development within a level one protected area of a peak or ridge shall be made on an application form provided by the development services department. The application shall include the following:
      1.   A legal description of the subject site;
      2.   Signatures of the property owners of record or the authorized agent of the owner;
      3.   Letter of authorization if the property owner is represented by an agent;
      4.   A site plan showing color of proposed development, existing and proposed buildings and structures, access driveways, parking, utility easements, and distances from buildings and structures to property lines as well as to other buildings and structures;
      5.   An elevation drawing showing all existing and proposed buildings or structures and their building heights;
      6.   A revegetation plan (including rip-rapping) showing existing vegetation, graded areas to be revegetated, the manner of revegetation and revegetation time schedule;
      7.   A statement describing the ability and intent of the property owner to apply for necessary county permits within nine months of receiving approval of an addition and within two years of receiving a special use permit;
      8.   A statement describing how the proposal complies with the applicable standards in Section 18.61.042C for an addition permit and in Section 18.61.042A for a level one special use permit;
      9.   Any other information required by the development services department as reasonably necessary to evaluate the application;
      10.   An application fee in accordance with the planning and development services fee schedule.
   B.   Public Notice for Special Use or Addition Permits within Level One Protected Areas of Peaks and Ridges.
      1.   Public notice and meeting for level one special use permit. The request for a level one special use permit shall be considered by the board of supervisors at an advertised public hearing with mailed notice to owners of property within 1,000 feet of the subject protected area.
      2.   Public notice for level one addition permit. Pima County shall mail notice, including copies of the submitted sketch plan, to owners of property within 1,000 feet of the applicant's property lines. The director of the development services department or an assigned designee may waive the giving of notice if the applicant submits written consents to the modification signed by all owners of property within 1,000 feet of the applicant's property lines.
      3.   Failure to provide notice. Notice is based on the ownership of the property as shown on the county assessor records. The unintentional failure to give written notice to a property owner or the unintentional omission of the name of a property owner shall not invalidate an action of the committee, commission, or supervisors.
(Ord. 2003-17 § 1 (part), 2003)
18.61.050   Development mitigation and performance standards.
   Unless otherwise expressly excepted by this chapter, the development mitigation and performance standards set forth in Sections 18.61.051 to and including 18.61.057 apply to any and all development on lands subject to this chapter.
(Ord. 2000-52 § 1 (part), 2000)
18.61.051   Average cross slope calculations.
   A.   Average Cross Slope. A method of determining the cross slope of a parcel or project site, by using the following equation:
   Where:
 
I
=
Contour interval (maximum 10') in feet;
L
=
Combined length in feet of all contour lines measured on the parcel or project site;
0.0023
=
Conversion of square feet into acres × 100;
A
=
Project site or parcel area in acres.
 
   B.   The average cross slope shall be rounded off to the nearest whole number. When .5 or higher is computed, the number shall be rounded off to the next highest whole number.
   C.   The average cross slope of a parcel or project site proposed for residential purposes only may be reduced by establishing a natural area on the parcel or project site and revising the average cross slope calculation to delete the natural area from the equation.
   D.   Natural areas set aside in any division of land shall not be included in the average cross slope calculation, neither in the combined length of contour (L) nor in the project site area (A). The total acreage of the project site may be used to calculate the number of dwelling units based on allowable density, provided that all other applicable provisions of this section are met.
   E.   The average cross slope is used for determining slope density requirements for residential development only.
(Ord. 2000-52 § 1 (part), 2000)
18.61.052   Slope density requirements.
   A.   On land parcels or project sites with average cross slopes of fifteen percent (15%) or greater, dwelling unit density shall not exceed that allowed by either the existing zoning on the parcel or the following table 18.61.052-1, whichever is more restrictive.
Table 18.61.052-1
Average Cross Slope (%)
Average Area (acres) per Dwelling Unit (density)
Average Cross Slope (%)
Average Area (acres) per Dwelling Unit (density)
15
1.0
16
1.12
17
1.25
18
1.37
19
1.5
20
2.0
21
2.25
22
2.5
23
3.5
24
4.5
25
6.0
26
7.0
27
8.6
28
10.4
29
12.8
30
16.0
31
23.5
32
31.0
33 and greater
36.0
 
   B.   The provisions of Section 18.61.052A. do not apply to residential development on unsubdivided land parcels recorded in the county recorder's office prior to July 1, 1976.
   C.   If land parcels are divided or used for multifamily development after July 1, 1976, all appropriate provisions of this chapter shall apply.
   D.   Land parcels recorded with the county recorder's office after July 1, 1976, and prior to August 11, 1998, that are less in area than the required area per dwelling unit may be developed with a single dwelling unit, provided that all other applicable requirements of this chapter and code are met including the set-aside of natural area set forth in Section 18.61.053. All of the land area on the parcel outside of the allowable amount of grading shall be restricted as natural area in conformance with the requirements of 18.61.053C.
   E.   The slope density requirements shall not apply when the cluster development option (refer to Section 18.09.040) is used on land parcels with an average cross slope of less than twenty percent (20%), as calculated prior to the exclusion of natural areas.
   F.   The slope density requirements in Table 18.61.052-1 shall not apply to Conservation Subdivisions (Section 18.09.100) with an average cross slope of twenty percent (20%) or less provided that such Conservation Subdivisions have a minimum average area per dwelling unit of one (1) acre.
(Ord. 2001-22 § 2, 2001; Ord. 2000-52 § 1 (part), 2000)
18.61.053   Natural areas.
   A.   Grading or development shall not be permitted within the legally described boundaries of a natural area except as follows:
      1.   If utility or sewer trenches cannot reasonably be provided without crossing natural areas of the project site, such trenches may be permitted, provided they are revegetated in accordance with Section 18.61.055.
      2.   Development within previously disturbed parts of a natural area for the purposes of plant enhancement and mitigation is permitted in conformance with the natural area mitigation provisions in Section 18.61.055.D.5.
   B.   Natural areas are to be established as large contiguous areas, rather than small, disconnected areas scattered over the site. Natural areas are permanent, once established and recorded.
   C.   Natural areas shall be surveyed and clearly delineated in a surveyable manner on all final plats, development plans, and grading plans submitted with building permit applications, and shall be sealed by a registered land surveyor. Natural areas shall be clearly labeled "HDZ Natural Area" on final plats, development plans and grading plans, and the plat or survey shall be recorded.
   D.   Natural areas shall be incorporated into a subdivision plat as either a portion of privately owned lots or as land parcels under the ownership of a homeowners' association. Where natural areas are located adjacent to major public parks, such areas may be deeded to Pima County, subject to approval by the county parks and recreation department and acceptance by the board of supervisors.
   E.   Land parcels which include a natural area designation shall not be further divided.
(Ord. 2000-52 § 1 (part), 2000)
18.61.054   Grading requirements.
   A.   Except as otherwise provided herein, the following requirements of this Section 18.61.054 shall apply to grading on any land that is subject to this chapter, as determined by Section 18.61.030. A.1 and A.2.
   B.   Exceptions. Grading on a land parcel, lot or project site is not subject to the requirements of Section 18.61.054C., G.1., G.2., G.4., G.5., and H.1 if any one of the following apply:
      1.   Exclusion of fifteen percent (15%) slopes. When all of the fifteen percent (15%) or greater slopes are excluded from that portion of the parcel, lot or project site proposed to be graded.
      2.   Incidental encroachment. If the grading or disturbance of fifteen percent (15%) or greater slopes does not exceed 100 square feet on an individual graded residential lot or 1,000 square feet on a mass graded subdivision or a "Development Category 1" project, as shown in the Grading Requirements Table 18.61.054-1.
      3.   Vehicular access. If the grading or disturbance of fifteen percent (15%) or greater slopes is limited to grading for vehicular access as follows:
         a.   Within an unsubdivided, single residential lot or a single residential lot not located in a mass graded subdivision:
            1)   A single lane, twelve feet (12') wide driveway, with a maximum six feet (6') wide graded area on either side of the driveway, that extends from the property line to the garage or carport, and no possible practicable access alternative exists that will avoid grading slopes of fifteen percent (15%) or greater; or
            2)   A recorded vehicle access easement that provides access to two (2) or more residential lots.
         b.   For a mass graded subdivision or a Development Category 1 project as set forth in the Grading Requirements Table 18.61.054-1, grading is for an access street(s) that provides access from the property line to the mass graded area. This exception does not apply if the access street(s) encroaches into twenty-five percent (25%) or greater slopes, unless there is no practicable alternative to grading twenty-five percent (25%) or greater slopes for the access street(s).
      4.   Existing grading. When the grading or disturbance of slopes of fifteen percent (15%) or greater is limited to areas of existing, non-permitted grading and disturbance on a lot, parcel, or project site, provided that all of the following apply:
         a.   The existing grading and disturbance occurred two (2) years or more before the effective date of the ordinance that establishes this provision, and
         b.   The existing grading and disturbance was not created during the current owner's ownership of the lot, parcel, or project site.
         c.   An application for a building or grading permit on a lot that meets the preceding conditions in 1) and 2) shall be accompanied by a mitigation and revegetation plan which mitigates the existing grading and disturbance in conformance with the requirements of Section 18.61.055D.
      5.   Building envelopes delineated on a recorded plat. If a grading envelope or building envelope is described on a lot in a subdivision plat recorded prior to July 7, 2000, the platted lot is exempt from the grading requirements of Section 18.61.054C., G.1., G.2., G.4., and G.5. However, grading within a platted building envelope on a lot is subject to the six foot (6') grading limitation in Section 18.61.054G.3.e.
      6.   When a lot to be individually graded is located within a CR-1 cluster development option subdivision (Section 18.09.040) or a CR-1 lot reduction option subdivision (Section 18.09.050) recorded prior to August 11, 1998; provided, however, that grading on the lot complies with the horizontal grading limitations in Section 18.61.054G.4.
         a.   Natural open space is required by the plat; and
         b.   Such natural open space is described on the plat as a common area, or an easement or a dedication to the public, or any combination thereof; and
         c.   The natural open space so reserved has been maintained in a substantially undisturbed condition.
   C.   The total area of all grading shall conform with the grading requirements in the Grading Requirements Table 18.61.054-1 except as modified by other provisions in Section 18.61.054:
Grading Requirements Table 18.61.054-1 
Development Category
Parcel/Lot Size Per Dwelling Unit
Grading Calculation
Maximum Grading
Development Category
Parcel/Lot Size Per Dwelling Unit
Grading Calculation
Maximum Grading
1. Multiple dwellings/business offices/existing commercial and industrial (mass graded)
varies
80% of the project site
80% of the project site
2. Single attached or detached dwelling units (mass graded subdivisions)
<20,000 sq. ft.
50% of the project site *
50% of the project site *
3. Single detached dwelling units (individually graded lots)
<20,000 sq. ft.
50% of the lot
50% of the lot
4. Single detached dwelling units (individually graded lots)
20,000 sq. ft. to 43,560 sq. ft. **
10,000 sq. ft. or 40% of lot, whichever is greater
10,000 - 17,424 sq. ft.
5. Single detached dwelling units (individually graded lots)
>43,560 sq. ft. to 72,000 sq. ft.
17,425 sq. ft. or 30% of lot, whichever is greater
17,425 - 21,600 sq. ft.
6. Single detached dwelling units (individually graded lots)
>72,000 sq. ft. to 144,000 sq. ft.
21,601 sq. ft. or 17% of lot, whichever is greater
21,601 - 24,480 sq. ft.
7. Single detached dwelling units (individually graded lots)
>144,000 sq. ft. to 180,000 sq. ft.
24,481 sq. ft. or 15% of lot, whichever is greater
24,481 - 27,000 sq. ft.
8. Single detached dwelling units (individually graded lots)
>180,000 sq. ft.
27,001 sq. ft. or 10% of lot, whichever is greater.
27,001 sq. ft.
 
* Under Section 18.61.054.H.1., grading may be increased in 5% increments for each 10% of the site that is not on 15%+ slopes, up to a maximum of 70% of the site.
** Minimum lot size: cluster option and standards in riparian areas have their own set-aside calculations.
   D.   All grading shall be performed in accordance with Chapter 18.81, except as modified by this Chapter 18.61 and the Hillside Development Manual. The exceptions set forth in 18.81.020(D) do not apply to fifteen percent (15%) or greater slopes.
   E.   The portions of the parcel, lot or project site to be left ungraded are to remain undisturbed and are not to be used for stockpiling of materials or excess fill, construction vehicle access, storage of vehicles during construction, or similar uses. Temporary fencing shall be installed in conformance with the Hillside Development Manual at the perimeter of the area to be graded in order to prevent encroachment into the undisturbed area.
   F.   Cut and Fill Requirements: General Requirements:
      1.   Except as modified by Sections 18.61.054G, H, or I, the vertical distance of an exposed slope shall not exceed fifteen feet (15') as measured in:
         a.   Fill areas. Lowest adjacent finished floor elevation (F.F.E.) to bottom of slope; or
         b.   Fill areas. Lowest adjacent finished elevation of a deck, step or other non-vehicular paving area to the bottom of slope. The exposed slope shall be a minimum horizontal distance of twenty feet (20') from any building roof and not a part of another structure higher than five feet (5'); or
         c.   Cut areas. Lowest adjacent finished floor elevation (F.F.E.) to top of slope; or
         d.   Cut areas where finished floor elevation has been placed below natural grade: Natural grade (N.G.) to top of slope.
      2.   No cut and fill shall encroach upon any floodplain, except as provided for in the floodplain management regulations (Title 16) or any adjacent properties except by the mutual written consent of all parties affected. Such consent is to be filed with the development services department.
      3.   Excess cut or fill material shall not be disposed of over the sides of hills or ridges, or on a project site, but instead shall be hauled off the site in accordance with the requirements of Chapter 18.81 (Grading Standards).
   G.   Individually Graded Lots. The following provisions apply on single, unsubdivided residential lots or single residential lots not located within a mass graded subdivision:
      1.   Grading increases. Except as provided in paragraph G.2 of this section, the maximum grading area in the Grading Requirements Table 18.61.054-1 may be increased for:
         a.   Grading areas located on less than fifteen percent (15%) slopes for the following:
            1)   roof area of a dwelling and accessory buildings meant for human occupancy subject to a fifty percent (50%) area limitation for that portion of a roof overhang or cantilever that extends more than six feet (6') beyond exterior walls;
            2)   septic field, and utility areas.
         b.   Grading within a utility easement or a vehicular access easement that provides the only legal access to the subject lot and one (1) or more additional lots.
         c.   One (1) single lane, maximum twelve feet (12') wide driveway except that an increase for grading into fifteen percent (15%) or greater slopes shall be allowed only when there is no other practicable alternative to the encroachment.
      2.   Grading increases permitted under subsection G.1. above are prohibited when grading encroaches into a twenty-five percent (25%) or greater slope, except that the following grading of twenty-five percent (25%) or greater slopes does not prohibit the grading increases:
         a.   A maximum five hundred (500) square feet;
         b.   A single lane twelve foot (12') wide driveway with a maximum six foot (6') wide shoulder that encroaches into twenty five percent (25%) or greater slopes and there is no practicable alternative to the encroachment;
         c.   A utility easement, if the development services department determines that a utility trench in the driveway is not a practicable alternative;
         d.   A recorded vehicular access easements that provides the only legal access to 2 or more lots.
      3.   Cut and Fill Requirements.
         a.   The cut and fill requirements in Section 18.61.054F. apply, except that any exposed slope with a vertical distance greater than ten feet (10') shall include planting areas and terraced plant benches as follows:
            1)   a minimum six foot (6') wide planting area at the toe of the exposed slope; and
            2)   a minimum six foot (6') wide terraced plant bench at the ten foot (10') height of the exposed slope; and
            3)   planting areas and plant benches shall extend the length of the exposed slope; and
            4)   the planting areas and plant benches shall be vegetated with plants in conformance with the revegetation standards in Section 18.61.055D.5.
         b.   Exposed fill slopes shall be separated by a minimum twenty-foot (20') wide enhanced natural area buffer, except that the exposed fill slopes may be connected by a maximum six-foot (6') wide walkway in the natural area buffer.
         c.   Any combination of exposed slopes on a lot with a combined vertical distance greater than ten feet (10') shall have:
            1)   a minimum six-foot (6') wide planting area adjacent to the toe of each exposed slope; and
            2)   planting areas shall extend the length of their adjacent exposed slopes.
         d.   All planting areas shall be vegetated in conformance with the requirements of Section 18.61.055D.5.
         e.   The vertical distance of a driveway exposed slope shall not exceed six feet (6') measured from the outer edges of the driveway and shoulders cross section, except that the six foot (6') vertical limitation may be increased if the planning official confirms that there is no practicable alternative to the increase.
      4.   Grading shall not extend more than six feet (6') horizontally beyond the structural development perimeter and six feet (6') on either side of the center line of a utility trench. The six foot (6') horizontal limitation beyond the structural development perimeter may be increased to a maximum of twelve feet (12') on slopes greater than fifteen percent (15%) that extend upward and are perpendicular to the structural development perimeter.
      5.   Additions and expansions. New grading required for an addition or expansion on a lot inclusive of temporary access roads and construction roads shall comply with the requirements of Chapter 18.61 subject to the following provisions:
         a.   If new grading encroaches into 15% or greater slopes, then the grading requirements of Section 18.61.054C., G.1., and G.2. apply for the total grading area inclusive of new and existing grading.
         b.   If new grading does not encroach into 15% or greater slopes, then new grading is exempt from the requirements of Section 18.61.054C., G.1., and G.2.
      6.   Freestanding walls and retaining walls not a part of a building:
         a.   In a yard abutting a street, the total height of freestanding walls, retaining walls, or any vertical combination thereof that are separated horizontally from each other by less than six feet (6'), shall be a maximum six feet (6'); and
         b.   The total vertical distance between the highest point of a building's parapet, mansard roof, or roof ridgeline and the lowest natural grade adjacent to the building or adjacent to a freestanding wall, retaining wall, or riprap slope located less than twelve feet (12') from the building shall not exceed the maximum building height permitted by the zone.
         c.   The top of any freestanding wall or retaining wall not located in a yard abutting a street and not a part of the dwelling, shall not exceed ten feet (10') above the highest first floor elevation of the dwelling, except that a retaining wall more than ten feet (10') above the highest first floor elevation that is finished with a veneer rock facing is allowed.
         d.   All other freestanding walls and retaining walls not regulated in subsection a. through c. above shall be a maximum ten feet (10') high from existing natural grade to top of wall.
      7.   Mitigation of walls and riprap. Freestanding walls, retaining walls, and riprap allowed by sections 18.61.054G.6. and 18.61.055, that are more than four feet (4') high that face outward from a dwelling and are located in a yard abutting a street, and all other walls and riprap higher than six feet (6') located in other yards and that face outward from a dwelling shall include the following minimum plantings:
         a.   One 15-gallon can tree spaced at an average twenty five (25) horizontal feet; and
         b.   Four 5-gallon can shrubs between every two trees and all planting areas shall be hydroseeded;
         c.   These plantings shall be added within six (6) horizontal feet beyond the toe of the wall or riprap. All plantings shall be in conformance with the revegetation plants in Section 18.61.055D.5. and the requirements of the Hillside Development Manual.
      8.   Riprap placement. Riprap shall not be placed on slopes less than 3:1, except as part of an access bridge, apron, or flood control structure or channel that conveys runoff from off-site.
   H.   Mass-graded residential subdivisions. The following provisions apply to mass-graded residential subdivisions:
      1.   Grading increases. For each ten percent (10%) of a project site that is on less than fifteen percent (15%) slopes, the maximum grading area permitted in the Grading Requirements Table 18.61.054-1 on the project site may be increased in five percent (5%) increments, up to a maximum seventy percent (70%) of the project site, provided that:
         a.   The maximum amount of grading of fifteen percent (15%) or greater slopes does not exceed fifty percent (50%) of the area on the project site containing such slopes;
         b.   The five percent (5%) incremental increase does not apply to project sites on which any grading encroaches into twenty-five (25%) or greater slopes with the following exception:
            1)   When the grading and disturbance of twenty-five percent (25%) or greater slopes does not exceed five hundred (500) square feet.
            2)   The five percent (5%) incremental project site grading increases permitted above may apply to grading of twenty-five percent (25%) or greater slopes in excess of five hundred (500) square feet for internal project streets, but only if there is no practicable alternative to encroaching in excess of five hundred (500) square feet, and the encroachment into twenty-five percent plus (25%+) slopes for internal project streets is reviewed and approved by the DRC.
            3)   When the grading and disturbance of twenty-five percent (25%) or greater slopes is for access roads from the subdivision boundary to the mass graded area and there is no practical alternative to grading of 25% or greater slopes for access roads.
      2.   Cut and fill requirements for mass graded subdivisions. The cut and fill requirements in Section 18.61.054F. apply subject to the following provisions:
         a.   The vertical distance between adjacent finish floor elevations (F.F.E.) on two (2) adjoining residential lots shall be a maximum fifteen feet (15'), and
         b.   An exposed slope greater than ten feet (10') high shall include a minimum six foot (6') wide planting area running the length of the toe of the exposed slope; and
         c.   The planting area shall be planted in conformance with the vegetation requirements of Section 18.61.055D.5. and the Hillside Development Manual.
         d.   Exception. The cut and fill requirements in this Section 18.61.054H.2.a. through c. above and Section 18.61.054F. do not apply to Perimeter Exposed Slopes and Perimeter Walls.
      3.   Perimeter Exposed Fill Slopes And Perimeter Walls:
         a.   The height of a perimeter wall shall not exceed six feet (6') from finished grade;
         b.   The height of a perimeter exposed fill slope shall not exceed six feet (6') above the average natural grade, except that the height from natural grade shall not exceed eight feet (8') over a maximum eighty feet (80') horizontal section and the horizontal section shall have a minimum six foot (6') wide planting area adjacent to the bottom of the horizontal section in conformance with the vegetation requirements of Section 18.61.055D.5. and the type and amount of planting specified for a hillside bufferyard in the HDZ Manual;
         c.   The combined heights of a perimeter exposed fill slope plus a connected or adjacent perimeter wall shall not exceed twelve feet (12') above the average natural grade;
         d.   Wherever the combined height of a perimeter exposed fill slope and a connected or adjacent perimeter wall exceeds twelve feet (12') above natural grade, the perimeter exposed fill slope and the perimeter wall shall be separated by a minimum six feet (6') wide planting area in conformance with the vegetation requirements of Section 18.61.055D.5. and the type and amount of planting specified for a hillside bufferyard in the Hillside Development Manual. The planting area and the adjacent or connected perimeter exposed fill slope may be included in the required bufferyard;
         e.   Except for retaining walls, perimeter exposed fill slopes shall be no steeper than three horizontal to one vertical (3:1) and vegetated in conformance with Section 18.61.055D.5. and the type and amount of planting specified for a hillside bufferyard in the Hillside Development Manual.
      4.   A Hillside Bufferyard in conformance with the requirements of the Hillside Development Manual is required along:
         a.   The boundary of a mass graded area exposed to a down-slope view from a public or private street; and
         b.   That portion of a mass graded subdivision that fronts on a public or private street.
      5.   Riprap placement. Riprap shall not be placed on perimeter exposed slopes or within a bufferyard except that riprap may be placed:
         a.   To stabilize 3:1 or steeper slopes adjacent to streets that access the subdivision; or
         b.   As part of a bridge, apron, or flood control structure or channel.
   I.   Development Category 1 Projects. The following provisions apply to development of multiple dwellings, business offices, commercial and industrial uses, which are described as Development Category 1 projects in the Grading Requirements Table 18.61.054-1:
      1.   Cut and fill requirements. Compliance with Section 18.61.054H.2.
      2.   Perimeter exposed slopes and perimeter walls. Compliance with Section 18.61.054H.3.
      3.   Hillside bufferyard. Compliance with Section 18.61.054H.4.
      4.   Riprap placement. Compliance with 18.61.054H.5.
(Ord. 2003-17 § 1 (part), 2003; Ord. 2000-88 § 1, 2000; Ord. 2000-52 § 1 (part), 2000)
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