Chapter 812-14 — USE AND LIMITS

All land or fees, or both, collected pursuant to this division and transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities, including all mandated educational programs.

(Ord. 78-10).

Where two separate school districts operate schools in an attendance area where the board concurs that overcrowding conditions exist for both school districts, the board will enter into an agreement with the governing body of each school district for the purpose of determining the distribution of revenues from the fees levied pursuant to this division.

(Ord. 78-10).

Any school district receiving funds or land pursuant to this division shall maintain a separate account for any fees paid and disposition of land received and shall file a report with the board on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1st of each year and shall be filed more frequently at the request of the board.

(Ord. 78-10).

When it is determined that overcrowding conditions no longer exist in an attendance area, the county shall cease levying any fee or requiring the dedication of any land pursuant to this division for the area.

(Ord. 78-10).

Division 814 - SLOPE AND HILLSIDE DEVELOPMENT Chapter 814-2 - SD-1 SLOPE DENSITY AND HILLSIDE DEVELOPMENT COMBINING DISTRICT

Article 814-2.2. General

814-2.202 - SD-1 Combining district.

All land within a land use district combined with an SDHD-l slope density and hillside development combining district shall be subject to the regulations in this chapter.

(Ord. 79-8).

The board finds and declares that:

(1)

The terrain of certain areas of the county provides a unique and substantial character to the area, and forms an integral part of the county's total environment;

(2)

Due to their physical prominence in the county's landscape, development of hillside areas affects the visual and environmental character of the county;

(3)

Hillside development should preserve the natural terrain, environmental quality and aesthetic character of the county, while providing creative, innovative and safe residential development with a variety of housing types; and

(4)

Paragraph (3) can be achieved only when special consideration is given to those developments and subdivisions on and near hillsides, and to variations in conditions, design criteria and other requirements which must be flexible in order to achieve hillside development that is consistent with the foregoing findings and the objectives set forth in this article.

(Ord. 79-8).

814-2.206 - Objectives.

(a)

The justifying objectives of this chapter's regulation of residential slope density and hillside development are to:

(1)

Encourage minimal grading which affects the natural contour of the land and which will round off, in a natural manner, sharp angles at the top and ends of cut-and-fill slopes;

(2)

Require retention of trees and other vegetation which stabilize steep hillsides, retain moisture, minimize erosion and enhance the natural scenic beauty, and where necessary, require additional landscaping to enhance the scenic and safety qualities of the hillsides;

(3)

Require planting wherever appropriate to maintain necessary cut-and-fill slopes, to stabilize them by plant roots, and to conceal the raw soil from view;

(4)

Require retention of natural landmarks and prominent natural features that enhance the character of a particular area of the county;

(5)

Achieve land use residential densities that are in keeping with the county's general plan, with the result that such densities will usually diminish as the slope of terrain increases, in order to retain the significant natural features of hillside area;

(6)

Minimize the water runoff and soil erosion problems incurred in adjustment of hillside terrain to meet on-site and off-site development needs;

(7)

Retain open hillsides and significant ridgelines in as near a natural state as is feasible as an important community value;

(8)

Encourage the planning, design and development of hillside area building sites so as to provide maximum safety and human enjoyment; and

(9)

Provide for the preservation and maintenance of significant ridgelines, open space and recreational lands.

(b)

The attractiveness of hillside and ridgeline areas and the other objectives specified in this article are important factors of the general welfare of the citizens of the county, and reasonable control of residential slope density and hillside development is in the public interest.

(Ord. 79-8).

Article 814-2.4. Underlying Land Use District

The SD-1 district may be combined with, and made applicable to land in, any planned unit district or agricultural district when such land is located in a general plan residential area, or with any single-family or two family residential district.

(Ord. 79-8).

The following uses are allowed in the SDHD-l combining district:

(1)

Those uses allowed by full compliance with the combined underlying residential, agricultural or planned unit district's regulations; and

(2)

A detached single-family dwelling on each legally established lot and the accessory structures and uses normally auxiliary to it (Ord. 79-8).

Where there is any conflict between the regulations of this chapter and those of the combined underlying zoning district, the requirements of this chapter shall govern, except that the required minimum lot size shall remain that of the underlying zoning district.

(Ord. 79-8).

Article 814-2.6. Residential Slope Density

The residential dwelling unit densities in the SD-1 district shall be computed in accordance with the table in Section 814-2.612, depending upon the average slope of the natural terrain proposed for development and the consideration of all other applicable county regulations, and consistent with the general plan.

(Ord. 79-8).

The average slope of a parcel of land or portion thereof shall be computed by the formula:

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----- Start of picture text -----
AS = 0.00229IL
A
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(Ord. 79-8).

The letters in the average slope formula have the following meanings:

(1)

AS = Average percent slope;

(2)

I = Contour interval, in feet;

(3)

L = Summation of length of contours, in feet; and

(4)

A = Area in acres of the parcel of land being considered.

(Ord. 79-8).

For the purposes of the average slope formula, percent of slope is the vertical drop in feet divided by the horizontal distance in feet multiplied by one hundred.

(Ord. 79-8).

Any portion of a proposed residential development site with an existing topographical feature, such as a cliff or deep ravine, may be excluded from the determination of allowable density and must be deleted from any lot area contribution if the remaining portion of the parcel meets the requirements of this chapter. Any area so excluded shall also be precluded from any further residential development by scenic easement, deed of development rights, or other appropriate method.

(Ord. 79-8).

The allowable density of residential dwelling units per net acre (after subtracting areas required for streets and schools) is shown on this table. The allowable density indicated on this table, however, does not preclude the zoning administrator from determining that a lower density, or larger lots, from that indicated is required in order to meet the findings, objectives and other criteria as established in this chapter.

(Ord. 79-8).

Article 814-2.8. Development Standards

The development standards in this article are the minimum necessary to insure that this chapter's intent and purpose are accomplished.

(Ord. 79-8).

Streets, buildings, and other manmade structures shall be designed and located to complement the natural terrain and landscape.

(Ord. 79-8).

Off- and on-development-site views of significant ridges shall not be substantially impaired. To determine which ridges are subject to this provision, the criteria set forth in the findings and objectives sections of this chapter shall be utilized.

(Ord. 79-8).

Hillside street standards shall reflect a rural rather than urban character. Street alignments, where feasible, should be parallel to contours. Where a street location between a valley and ridge is unavoidable, directional pavements should be separated, with the principle of grading being half cut and half fill. Intermittent widening of streets for parking and turnarounds at appropriate places shall be encouraged.

(Ord. 79-8).

Street lighting provided as part of a development in hillside areas shall be of low profile design, unobtrusive, and design to enhance a rural character of the area.

(Ord. 79-8).

When required, walkways shall be provided in accordance with a complete pedestrian circulation plan, and not rigidly appended into every street.

(Ord. 79-8).

Bicycle and equestrian trails, if required, shall be integrated into an overall circulation plan for any development.

(Ord. 79-8).

Parking shall be provided off-street, with adequate provision for at least four spaces for each dwelling unit.

(Ord. 79-8).

If necessary, exceptions to the requirements of Titles 7 and 9 may be allowed in the manner provided therein to meet the standards and to accomplish the findings and objectives of this chapter.

(Ord. 79-8).