Article 2 — Hillside Overlay District

The Hillside Overlay District is intended to protect the health, safety and welfare of the city by establishing regulations for the development of ridgeline, hillside and other rural residential areas within the city. The district is created and established to implement the goals, policies and programs of the general plan that relate to hillside and ridgeline development, development hazards and protection of open space lands and hillside residential areas.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

The Hillside Overlay District shall overlay and be combined with the principal underlying zoning district for land located within the Hillside Overlay District. The Hillside Overlay District is shown on the Hillside Overlay District map and is indicated by the letters: H-O-D.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

(a)

The regulations in this article apply in the Hillside Overlay District to (1) a residential lot existing on July 8, 2002, (2) a division of land into two or more lots and, (3) to the extent provided in Chapter 6-24, to a lot line adjustment approved after July 8, 2002. If there is a conflict between the regulations of the underlying principal zoning district and this article, this article controls.

(b)

If according to the Hillside Overlay District map, the H-O-D boundary does not correspond to a property line but instead divides a lot, the map governs the applicability of the regulations in this article. Development within the H-O-D boundary is subject to this article but development outside it is not. If any part of a proposed development is within the H-O-D boundary, the entire development is subject to this article. 6-2013

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

(a)

Permitted Uses. The uses permitted in the Hillside Overlay District are those uses permitted in the underlying principal zoning district.

(b)

Uses requiring a Land Use Permit. The planning commission may grant a land use permit for a conditional use in the Hillside Overlay District that is permitted in the underlying principal zoning district with the benefit of a land use permit.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

(a)

Development within the Hillside Overlay District requires a hillside development permit as prescribed in Article 6 of this chapter (Sections 6-2061 et seq.), except when:

(1)

The construction does not require a building or grading permit; or

(2)

The construction is entirely within the interior of an existing structure; or

(3)

The construction is routine maintenance or replacement work that does not change the exterior appearance of the existing structure.

(b)

Major landscaping within the Hillside Overlay District requires a hillside development permit as prescribed in Article 6 of this chapter (Sections 6-2061 et seq.)

(c)

All development and new vegetation within a class I or class II ridgeline setback requires a hillside development permit and grant of exception, if required, except when:

(1)

The construction is entirely within the interior of an existing structure, or

(2)

The construction is routine maintenance or replacement work that does not change the exterior appearance of the existing structure.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)