This BP, Bluff Protection Overlay District is created to protect and preserve areas in the community where bluffs and steep slopes represent an enhancement to the community and a risk of impairment to the health, safety, tax base and general welfare of the community if left unprotected. Its intent is to establish reasonable regulations related to development upon and adjacent to steep slope areas in the community.

(Prior Code, § 11-83-1) (Ord. 258, passed 5-4-2006)

   The BP District shall be applied to and superimposed upon all zoning districts as contained herein as existing or amended by the text and map of this subchapter. The regulations and requirements imposed by the BP District shall be in addition to those established for districts which jointly apply. Under the joint application of districts, the more restrictive requirements shall apply.

(Prior Code, § 11-83-2) (Ord. 258, passed 5-4-2006)

   The boundaries of the BP District shall be defined as those lots in the city which contain bluffs and/or steep slopes. The boundaries of the bluff impact zones shall be graphically represented on preliminary and final subdivision plats as slope easements.

(Prior Code, § 11-83-3) (Ord. 258, passed 5-4-2006)

   (A)   Persons desiring to construct a structure, perform grading or earth-moving activities or destroy or remove vegetation from land located within the BP District, but not within the bluff impact zone, shall only do so following review and approval by the Planning Commission.

   (B)   Persons desiring to construct a structure, perform grading or earth-moving activities or destroy or remove vegetation from land located within a bluff impact zone, shall only do so following issuance of a conditional use permit as prescribed in this section.

   (C)   The plan to be submitted for consideration with regard to Planning Commission review or the conditional use permit shall include the following information:

      (1)   Existing site conditions including all structures, shrub masses, trees and topographic conditions and site boundaries;

      (2)   Proposed structures and site improvements, grading changes, tree and vegetation removal and landscaping improvements, including trees, shrubs and ground covers;

      (3)   Height and size of any structures proposed to be constructed;

      (4)   Timetable for anticipated dates of construction;

      (5)   Location and design of any private sewage and other sanitary waste disposal systems; and

      (6)   Erosion control plan during and after construction.

   (D)   Considerations for approval or denial of the conditional use permit shall include, but not be limited to, the following:

      (1)   Degree to which the intent of this section is addressed in the proposal;

      (2)   Compliance with the bulk and setback requirements of this district;

      (3)   Degree to which tree and vegetation removal and slope alteration has been minimized in the proposed development;

      (4)   Appropriateness of the proposed plat material for the site for slope protection purposes;

      (5)   The degree to which dislocated vegetation can be relocated or replanted on the site; and

      (6)   Minimization of hard surfacing or other impervious materials within 35 feet of the bluff or steep slope.

(Prior Code, § 11-83-4) (Ord. 258, passed 5-4-2006)

   The following requirements shall be imposed on all development in the BP District.

   (A)   Structures shall not be placed within bluff impact zones, except for permissible yard setback encroachments as permitted in this chapter.

   (B)   The maximum height of any structure shall be no more than 35 feet.

   (C)   No person may conduct a mining or quarry activity or expand a mining or quarry activity within 30 feet of the toe or top of the bluff or in a BP District.

   (D)   No tower shall be located within one-quarter mile of the bluff impact zone, except for water reservoirs owned and constructed by the city.

   (E)   No grading, excavating or filling shall be allowed within the bluff impact zones.

   (F)   Grading and filling within the BP District, but not within a bluff impact zone, shall comply with the following conditions.

      (1)   No more than one-third of the surface area of a lot shall be devoid of vegetative ground cover at any time.

      (2)   Temporary ground cover such as mulch shall be used and permanent cover such as sod shall be planted as soon as possible.

      (3)   Methods to prevent erosion and trap sediment shall be employed in accordance with regulations of the State Pollution Control Agency and acceptable engineering practices.

      (4)   Fill shall be stabilized according to accepted engineering standards.

      (5)   A soil erosion control plan must be submitted to the Zoning Administrator before grading or construction begins on any lot affected by the regulations of this section.

      (6)   Methods, such as silt fences, hay bales and the like must be used to minimize soil erosion and to trap sediments before they reach any surface water features.

      (7)   Fill or excavated material must not be placed in a manner that creates an unstable slope.

      (8)   Alterations of topography will only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.

   (G)   The removal of natural vegetation shall be restricted to prevent erosion into public waters, to consume nutrients in the soil and to preserve steep slope aesthetics.

   (H)   Clearcutting is prohibited, except to remove the minimum amount of vegetation necessary for placing roads, utilities, structures and parking areas.

   (I)   Natural vegetation shall be restored insofar as feasible after any construction project.

   (J)   All stairways and lifts on bluffs shall be visually conspicuous. Stairways and lifts are the preferred alternatives to major topographic alterations for achieving access up and down bluffs and steep slopes. Stairways, lifts and landings shall meet the following design requirements.

      (1)   Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open space, recreational properties and planned unit developments.

      (2)   Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open space, recreational properties and planned unit developments.

      (3)   Canopies or roofs are not allowed in stairways, lifts or landings.

      (4)   Stairways, lifts and landings may be either constructed on posts or pilings, or placed into the ground, provided they are designed in a manner that ensures control of soil erosion.

      (5)   Stairways, lifts and landings must be located in the most visually inconspicuous portion of lots, as viewed from adjacent areas, assuming summer, leaf-on conditions whenever practical.

   (K)   Vegetation alterations necessary for the construction of structures and sewage treatment systems are exempt from the vegetation alteration standards.

   (L)   Vegetation alterations necessary for the construction of roads and parking areas are exempt from the vegetation alteration standards.

   (M)   (1)   Limited removal of vegetation is allowed subject to the following standards.

      (2)   On steep slopes, which are not located in bluff impact zones, selective clearing, cutting, pruning and trimming of trees and shrubs is allowed to provide a view from the dwelling site and to accommodate the placement of stairways, lifts, landings, picnic areas, access paths, beach and watercraft access areas and permitted water-oriented accessory structures or facilities, provided that:

         (a)   The screening of structures, vehicles or other facilities as viewed from adjacent areas, assuming summer, leaf-on conditions, is not reduced by more than 25%;

         (b)   Along waterways, existing shading of water surface is preserved; and

         (c)   The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.

(Prior Code, § 11-83-5) (Ord. 258, passed 5-4-2006)