§ 12-21-12 RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES.
   (A)   SLOPE is the gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site, or parcel which shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term “slope”. In determination of “slope” as defined herein, for use in establishing buildable area requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten-foot modules shall be superimposed on a topographic map of the subject property and the lot slope determination established by the defined method for each 100 square foot grid portion of the tract, lot or portion thereof.
   (B)   The following additional special restrictions or requirements shall apply to development on any lot in a Hillside Residential, Single-Family Residential, Two-Family Residential, or Two-Family Primary/Secondary Residential, or West Vail Multi-Family Overlay Districts where the average slope of the site beneath the existing or proposed structure and parking area is in excess of thirty percent (30%):
      (1)   A soil and foundation investigation, prepared by and bearing the seal of a registered professional engineer shall be required;
      (2)   Foundations must be designated and bear the seal of a registered professional engineer;
      (3)   A topographic survey prepared by a registered surveyor, with contour intervals of not more than two feet, shall be required;
      (4)   Structures must be designed by a licensed architect;
      (5)   Site coverage as it pertains to this chapter, as permitted by §§ 12-6A-9, 12-6B-9, 12-6C-9 and 12-6D-9 of this title, is amended as follows:
         (a)   Not more than 10% of the total site area may be covered by driveways and surface parking; and
         (b)   In order to protect the natural landform and vegetation on steep slopes, not more than 60% of the total site area may be disturbed from present conditions by construction activities. The Design Review Board (DRB) may approve site disturbance in excess of the 60% maximum if specific design criteria warrant the extent of the requested deviation.
      (6)   A site grading and drainage plan shall be required;
      (7)   A detailed plan of retaining walls or cuts and fills in excess of five feet shall be required;
      (8)   A detailed revegetation plan must be submitted;
      (9)   The Administrator may require an environmental impact report as provided in § 12-12-2 of this title;
      (10)   A minimum of one covered parking space shall be provided for each dwelling unit;
      (11)   Setbacks, as they apply to this chapter, as required by §§ 12-6A-6, 12-6B-6, 12-6C-6 and 12-6D-6 of this title, are amended as follows. There shall be no required front setback for garages, except as may be required by the Design Review Board. Garages located in the front setback, as provided for in this section, shall be limited to one story in height (not to exceed ten feet) with the addition of a pitched or flat roof and subject to review and approval by the Design Review Board; and
      (12)   Retaining walls up to six feet in height may be permitted in the setback by the Design Review Board when associated with a permitted garage as referenced in subsection (B)(11) of this section.
(Ord. 13(1994) § 1; Ord. 2(1995) § 1; Ord. 5(2001) § 3; Ord. 29(2005) § 45; Ord. 17(2006) § 1; Ord. 28(2007) § 8; Ord. 19(2023) § 7)