Article 814-2.10 — Grading

Any parcel of land subject to this chapter with an average slope of more than twenty-six percent and/or significant ridgelines and hilltops, regardless of their slope, shall not be graded without the specific authorization of the director of planning. Such grading shall only be done after it is shown, to the satisfaction of the director of planning (or the planning agency when it has jurisdiction), that the proposed grading development will comply with the objectives and regulations of this chapter and will not have a substantial visual impact when viewed from related community areas.

(Ord. 79-8).

Grading shall consider the environmental characteristics of that land, including, but not limited to, prominent geological features, existing stream beds and significant tree cover, and shall use the best engineering practices to avoid erosion, slides or flooding, and to have a minimal effect on this environment.

(Ord. 79-8).

To keep all graded areas and cuts and fills to a minimum, eliminate unsightly grading, preserve and maximize the natural appearance and beauty of the property, and to implement this chapter, the director of planning or the planning agency may impose requirements on the size of the areas to be graded or to be used for building, on the size, height, and angles of cut slopes and fill slopes, and the shape thereof. In appropriate cases, retaining walls may be required.

(Ord. 79-8).

Article 814-2.12. Open Areas

A portion of every proposed residential development located on a parcel of land with an average slope of more than twenty-six percent shall remain in its natural state as an undeveloped open area with no grading, tree or foliage removal, or structure or other development thereon.

(Ord. 79-8).

The undeveloped open areas required by this article shall be located primarily on the upper elevations of any particular residential development site, and shall include significant hilltops and ridges and other topographical landmarks, open exposed hillsides, recreational areas, or areas of environmental significance.

(Ord. 79-8).

Areas to remain as undeveloped open areas may be required to be offered for dedication to be part of a public open space or park system. Where such dedication offer is not to be accepted, the developer shall provide, as required, for the ownership, appropriate access, and necessary care and maintenance of the open area.

(Ord. 79-8).

Article 814-2.14. Development Plans

No development is lawful in an SDHD- 1 district until a development plan for it has been submitted to and approved by the zoning administrator.

(Ord. 79-8).

All applications for development plan approval shall include scale drawings indicating the following:

(1)

Topography;

(2)

A boundary survey of the site;

(3)

All existing and proposed structures, the height of each structure, and the number of dwelling units in each structure;

(4)

Planting and landscape area;

(5)

Automobile parking areas;

(6)

Streets, walkways and trails, with grades, widths and type of proposed improvements;

(7)

Access points providing ingress and egress for the site;

(8)

Existing and proposed utilities;

(9)

Recreation facilities, if any;

(10)

Surface drainage conditions and outlets;

(11)

Building elevations, including architectural type;

(12)

Amount of studio, one-bedroom, two-bedroom, or other sized units;

(13)

Additional information as may be required by the zoning administrator.

(Ord. 79-8).

(a)

Review. The zoning administrator shall review development plan applications, for approval, modification or denial, in public hearing pursuant to and otherwise regulated by the land use permit provisions of Chapter 26-2.

(b)

Approval. In approving the application, the zoning administrator shall find that it is consistent with the purpose of this district and that it is compatible with other uses in the vicinity, both inside and outside the district.

(c)

Changes. When any plan has been approved by the zoning administrator, it shall not thereafter be changed except with the zoning administrator's approval after review, for which the zoning administrator may schedule a public hearing under Chapter 26-2.

(d)

Conditions. The zoning administrator may impose reasonable conditions and limitations, in addition to the requirements listed in this article, to carry out the purpose of this district.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 79-8).

Where it is established to the satisfaction of the director of planning that a vacant parcel of land is a legal lot and has an average slope not exceeding thirty percent, or any significant ridgelines and hilltops, one detached single-family dwelling may be located on the lot without being subject to the application submittal, development plan review and approval provisions of this article.

(Ord. 79-8).

Article 814-2.16. Variance Permits

Variance permits to modify the provisions contained in Articles 814-2.6 through 814-2.14 may be granted in accordance with Chapters 26-2 and 82-6.

(Ord. 79-8).

For the consideration of any requested permit, the zoning administrator may require, in addition to the information and plans submitted with an application, supplemental plans and information as may be needed to properly review the request. Some examples of supplemental plans and information that may be requested are as follows:

(1)

A slope analysis prepared by a licensed architect or engineer based on a drawing having a scale of not less than one inch equals fifty feet and contour intervals not greater than ten feet;

(2)

Preliminary soils and geological reconnaissance report;

(3)

Preliminary grading plans indicating existing and proposed grades and retaining walls, on a drawing to a scale of not less than one inch equals fifty feet; and

(4)

Location of existing trees in excess of six inches in diameter, as measured four feet from the ground. Trees to be removed shall be indicated.

(Ord. 79-8).