Sec. 153.415 - Development standards.

(A)

That portion of a lot or parcel which has a ground slope in excess of 35 percent shall not be altered in any way by grading, the removal or alteration of natural features, such as streams, rock outcrops, ridgelines, drainage swales, the removal of natural vegetation, or any activity related to the preparation of the site for development purposes, except:

(1)

As may be required in the interests of public safety, such as the provision of fire trails, the removal of poisonous or noxious plants, the controlled removal or thinning of vegetation as a part of a fire protection program approved by the Town Fire Marshal, the correction or stabilization of a geologic or seismic hazard, or for other public safety purposes as approved by the Planning Commission;

(2)

The provision of trails or a portion of a trail comprising a component of the Town's trail system designated by the General Plan; and

(3)

Within the Glens, a tiered approach shall be implemented to allow for the consideration of improvements consistent with the Architectural and Site Review Evaluation Criteria contained in Section 153.911, on a ground slope in excess of 35 percent on parcels constrained by slope and/or lot size, as follows:

(a)

Minor landscape improvements and infrastructure (e.g., walking steps (up to four-feet in width), non-load bearing retaining walls, and utility pipes) shall be reviewed by the Planning Director;

(b)

Minor improvements (i.e., a new garage less than or equal to 440 square feet) shall be reviewed by the Planning Director;

(c)

Minor improvements (i.e. new building, other than a garage, ≤ 400 square feet) shall be reviewed by the Planning Director, with notification of all adjacent neighbors;

(d)

Major improvements (i.e., new building greater than 440 square feet and less than 2,000 square feet) shall be reviewed by the ASRB; and,

(e)

Major development (i.e., new building equal to or exceeding 2,000 square feet) shall be required by the Planning Commission as a Variance pursuant to Section 153.940.

(f)

The reviewing body for new work not specifically covered in (a)—(d) above, or serial work, shall be at the discretion of the Planning Director.

(B)

Sites with at least 12.5 percent net average slope are required to maintain a portion of the lot in natural state. This calculation uses the net site acreage when all areas with slopes in excess of 35 percent are removed, defined below by the variable (N). Net average slope for this calculation is defined by the formula:

S [N] = (0.00229IL)/N

Where,

S [N] = net average slope in percent

I = Contour interval in feet

L = Combined length of the contour lines in feet; and

N = The net area in acres of the parcel or lot when all areas with slopes in excess of 35 percent are removed. The following table indicates the minimum percent of the ground surface which shall remain in a natural state with no grading, terrain alteration, keeping of livestock, or removal of natural vegetation, dependent on the net average slope of the property:

TABLE P: Minimum Percent of Net Area Required to Remain in Natural State

(C)

New or replacement vegetation in areas exceeding 35 percent, including planting for erosion control or land stabilization, shall be native to the surrounding area.

(D)

No building or structure, other than a fence, may be located on a natural ground slope exceeding 35 percent.

(E)

No septic tank drainfield may be located on a natural ground slope exceeding 35 percent.

(F)

If no portion of a lot or parcel contains slopes of less than 35 percent, and the site consists of a lot of record legally created in accordance with applicable regulations of the Town at the time of the creation of the lot, one dwelling unit and those accessory uses permitted in the zoning district may be permitted on such site provided the proposed method of building and site preparation conforms with recommendations

acceptable to the Town contained in a geologic and/or soil investigation report by a qualified engineering geologist, and provided the other requirements of this chapter are met.

(G)

No building shall be located on a ridge visible from a scenic highway or road where the building will be silhouetted against the sky, unless there is no other location on the site which can accommodate a building consistent with all other regulations and constraints applicable to the district in which the site is located, and a determination of such fact is made by the Architectural and Site Review Board. The Architectural and Site Review Board shall review the design of all buildings and structures on any ridge visible from a scenic highway or road.

(1975 Code, § 9-2.505) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2012-553, effective 8-23-12; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-604, § 2(Exh. A), effective 2-27-20)