9652.19. - Conditions.

Every conditional use permit required by this section shall be subject to the following conditions. All of the following conditions shall be deemed to be conditions of every such conditional use permit regardless of whether such conditions are set forth expressly in the permit. The planning commission, in granting a conditional use permit under this section, may impose additional conditions, but may not change or modify any of the following conditions except as otherwise provided herein;

A.

Hillside areas.

1.

Open space. Open space shall comprise not less than the area determined by application of the table in subsection 9652.13.B. Subject to the approval of the commission, such open space may include one (1) or more of the following:

a.

Undisturbed natural areas;

b.

Open space for passive recreation;

c.

Private yards, provided that all construction rights will be dedicated;

d.

Parks and open recreational areas;

e.

Riding, hiking and bicycle trails;

f.

Landscaped areas adjacent to streets and highways;

g.

Greenbelts;

h.

Areas graded for rounding of slopes to contour appearance; and

i.

Such other areas as the commission deems appropriate.

2.

Landscaping. A plan for landscaping common or open space areas not to be left in a natural state shall be submitted to and approved by the commission.

3.

Utilities. Satisfactory evidence shall be produced that the applicant has made arrangements with the serving utilities to install underground all new facilities necessary to furnish service in the development, including any necessary agreements to join any proposed assessment districts.

4.

Residential density. The commission shall designate the maximum number of dwelling units permitted in a residential development consistent with subsection 9652.13.A.

5.

Architectural features. Where not submitted to the commission as part of an application under this section, exterior elevation drawings indicating building heights and major architectural features shall be submitted to and approved by the planning commission prior to the issuance of any building permit.

B.

Significant ecological areas.

1.

Any necessary conditions to guarantee that the proposed project is highly compatible with the biotic resources present;

2.

The preservation in a natural state of any designated watercourse;

3.

The provisions of all necessary measures to preserve in a natural state any designated wildlife movement corridors;

4.

Adequate provisions to buffer any development from any designated unique resource and/or habitat area; and

Adequate requirements to prevent conflicts between any proposed roads or utilities and unique resources, habitat areas, or migratory paths.

(Ord. No. 11-388, § 56, 12-14-2011)

DIVISION 3. - TRANSFER OF DEVELOPMENT RIGHTS

9653 - Transfer of development regulations; purpose.

To provide a procedure whereby development credits may be transferred from open space parcels which, because of visibility, access, geology, slope or other factors, are desirable to retain as open space, to other parcels not located in a hillside area or SEA and, furthermore, to provide conditions for ownership and use of open space.