Boulder City Zoning Code
SENSITIVE LANDS
HILLSIDE AND MESA TOPS PROTECTION OVERLAY DISTRICT
§ 153.235 PURPOSE AND INTENT.
(A) The Sensitive Lands, Hillside and Mesa Tops Overlay Protection District shall apply to all lands identified to be sensitive by this subchapter. This district identifies additional development requirements for areas identified as sensitive lands, hillside and mesa top areas. The uses allowed by the underlying or base zoning district shall still apply, except that no commercial uses shall be permitted.
(B) The purpose of the Sensitive Lands, Hillside, and Mesa Tops Protection Overlay District is to protect the health, safety and general welfare of the residents of the town and to protect the unique visual and environmental character of all sensitive lands, hillside and mesa top areas by establishing procedures for the development of these areas. These procedures are intended to:
(1) Minimize adverse soils and slope instability;
(2) Decrease the potential for erosion;
(3) Reduce the adverse effects of grading, cut and fill operations;
(4) Prevent visual intrusions on hillsides and mesa tops and preserve visually significant areas;
(5) Preserve the natural character of sensitive lands, hillsides and mesa tops and preserve the most visually significant hillsides and mesa tops in their natural state;
(6) Require the location and design of building which provide for safety and enjoyment while recognizing the existing development constraints;
(7) Minimize the effects of grading, scarring and erosion effects of cutting, filling and other development activities; and
(8) Encourage development that is sensitive to the value and amenities of these areas.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1201; Ord. 2021-2, passed - -2021)
§ 153.236 SENSITIVE LANDS, HILLSIDE AND MESA TOP AREAS.
The Sensitive Lands, Hillside and Mesa Tops Overlay District shall apply to the following areas within the town:
(A) Areas of slope exceeding 15% average grade;
(B) Flood channels as identified by a federal or state agency;
(C) Jurisdictional wetlands as identified by the U.S. Army Corps of Engineers; and
(D) Hillside and mesa top areas identified on the Hillside and Mesa Top Consideration Map, dated 2-4-2000, and incorporated herein by reference.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1202)
§ 153.237 DEVELOPMENT RESTRICTIONS.
(A) All sensitive lands, hillsides and mesa tops shall be preserved and retained in a natural state. All development proposed on mesa tops shall be sited in a manner so as not to create a silhouette against the skyline.
(B) No development shall be permitted on any land:
(1) Identified as having slope exceeding 30% average grade;
(2) Flood channels as identified by a federal or state agency; and
(3) Jurisdictional wetlands as identified by the U.S. Army Corps of Engineers.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1203)
§ 153.238 DEVELOPMENT REQUIREMENTS AND RESTRICTIONS.
(A) No building or other structure shall visually intrude into the ridgelines of a mesa top. For the purposes of this chapter and this section, VISUAL INTRUSION shall mean being visible from any point six feet high located on Utah State Highway 12 from the Utah Department of Transportation Road Shed north to the town boundaries and any point six feet high located on the Lower Boulder Road and within the boundaries of the town. Mesa top areas shall be those areas identified on the Hillside and Mesa Top Consideration Map, dated 2-4-2000, and incorporated herein by reference.
(B) It shall be unlawful to excavate or grade any area within the Sensitive Lands, Hillside and Mesa Tops Overlay District prior to final approval by the approving officer or body. In addition to the penalties outlined in this chapter, the town may enter legal proceedings to require any person who violates this subchapter to return a site to its condition prior to any disturbance.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1204)
§ 153.239 APPLICATION REQUIREMENTS.
In addition to the application requirements identified by this chapter, the following information and materials shall be provided for all areas identified as:
(A) Areas of slope exceeding 15% average grade;
(B) Flood channels as identified by a federal or state agency;
(C) Jurisdictional wetlands as identified by the U.S. Army Corps of Engineers; and
(D) Hillside and mesa top areas identified on the Hillside and Mesa Top Consideration Map, dated 2-4-2000, and incorporated herein by reference.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1205)
§ 153.240 REQUIRED INFORMATION.
(A) Proposed grading plan. A grading plan, prepared by a licensed engineer, and identifying the existing and proposed finished grades at contour intervals not exceeding two feet of the development site and adjoining property for a minimum of 100 feet outside all boundary lines of the development site.
(B) Drainage plan. A drainage plan, prepared by a licensed engineer, identifying all surface and subsurface drainage systems and facilities, walls, curbing or other erosion protection devices to be constructed in connection with or as part of the proposed work, together with a map showing the drainage area and estimated run-off of the area to be served by any drainage systems or facilities.
(C) Facilities plan.
(1) This plan, prepared by a licensed engineer, shall show any existing and proposed buildings or structures, easements, drainage channels and all proposed utilities with their location on the site.
(2) In addition, the location of any buildings or structures on adjacent property which may be affected by grading operations shall be shown.
(D) Soils report. A soils report, prepared by a licensed geotechnical engineer and identifying the following:
(1) Slope stability analysis: conclusions and recommendations concerning the effects of material removal, introduction of water, ground shaking and erosion potentials;
(2) Foundation investigation: conclusions and recommendations concerning the effects of soil conditions on foundation and structural stability, including bearing capacity, shear strength and shrink-swell potential of soils on the site;
(3) The location and yield of springs and seeps on the site, evaluation of soil permeability for septic systems if proposed; and
(4) Conclusions and recommendations regarding means to increase safety during and after construction and means to minimize any adverse effects to the development of the site.
(E) Geology report. A geology report, prepared by a licensed geotechnical engineer, identifying the following:
(1) Location and size of the subject area and its general setting, noting any wetlands, drainage areas, areas subject to high ground water, aquifers, shale units and poorly consolidated materials;
(2) The presence of any surface or subsurface hazards including potential for rock falls and toppling failures in cliffs, slopes and overhangs, and fault line; and
(3) Conclusions and recommendations regarding the effect of geologic conditions on the proposed development site and recommendations identifying the means proposed to minimize any hazard to life or property, or any adverse impact on the natural environment.
(F) Vegetation report. A vegetation plan, prepared by a licensed landscape architect, including a plan for the protection of any existing vegetation, any proposed re-vegetation of the site or modifications to existing vegetation and a plan for the preservation of existing vegetation during construction activities.
(G) Other reports.
(1) Other reports deemed necessary by the officer or body charged with the approval of a requested use to assure the health, safety and welfare of the project residents or public may be requested from the applicant by written specification.
(2) Such reports shall be submitted with the other applications materials.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1206)
§ 153.241 BONDING.
The approving officer or body may require the applicant to post a bond, approved by the Town Attorney and sufficient to ensure the development is completed according to approved plans.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1207)