Development, excavation, clearcutting and other activities within the bluff impact zone may result in increased dangers of erosion, increased visibility to surrounding properties and thereby endanger the natural character of the land and jeopardize the health, safety and welfare of the citizens of the city. To preserve the character of the bluff impact zone within the city, alteration to land or vegetation within the bluff impact zone will not be permitted except as regulated by the ordinance codified in this article, and by the regulations of the underlying zoning district where the property is located.

(Ord. No. 152, § 2, 10-14-91; Ord. No. 249, § 2, 4-8-96; Ord. No. 486, § 1, 10-12-09)

1. Structures, including, but not limited to, principal buildings, decks and accessory buildings, except stairways and landings, are prohibited on the bluff and must be set back from the top of the bluff, the toe of the bluff, and the side of a bluff at least 30 feet.
2. On parcels of land on which a building has already been constructed on June 1, 1991, the setback from the top of the bluff is five feet or existing setback, whichever is more, for additions to an existing building. Any new buildings will have to meet the 30-foot setback.

(Ord. No. 152, § 2, 10-14-91; Ord. No. 249, § 3, 4-8-96)

Stairways, paths and lifts may be permitted in suitable sites where construction will not redirect water flow direction and/or increase drainage velocity. Major topographic alterations are prohibited. Stairways, paths and lifts must receive an earth work permit and must meet the following design requirements:

1. Stairways, paths and lifts may 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. Reserved.
3. Canopies or roofs are not allowed on stairways, lifts or landings.
4. Stairways, paths, lifts and landings may be either constructed above the ground on posts or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.
5. Stairways, paths, lifts and landings must be located in the most visually inconspicuous portions of lots.
6. Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed, provided that the dimensional and performance standards complied with of subsections (a) through (e).

(Ord. No. 152, § 2, 10-14-91; Ord. No. 218, § 1, 8-22-94; Ord. No. 377, § 148, 5-24-04)

1. Removal or alteration of vegetation within a bluff impact zone is prohibited except for limited pruning and trimming of trees and shrubs to provide a view from the principal dwelling site. To accommodate the placement of stairways and landings and access paths, limited clearing of trees and shrubs shall be permitted with prior city approval provided it complies with section 20-1402. Alterations that reduce the rate of runoff or minimize erosion may be exempt from the tree removal or alteration of vegetation requirement. Property located within the shoreland management district shall comply with section 20-482.
2. Removal or alteration of vegetation must receive prior approval of the community development director or designee. An on-site review will be made to determine if the removal or alteration of vegetation will require new ground cover. In no case shall clearcutting be permitted. City staff will work with the property owner to develop a means of creating a view while minimizing disturbance to the bluff impact zone.

(Ord. No. 152, § 2, 10-14-91; Ord. No. 377, § 149, 5-24-04; Ord. No. 486, § 2, 10-12-09)

1. An earthwork permit will be required for the movement of any material within bluff impact zones. The permit may be granted only if the proposed alteration does not adversely affect the bluff impact zone or other property. Permits may be granted if the proposed alteration complies with section 20-1402, and the following conditions are not present:
   1. A moderate to severe erosion hazard classification as defined and mapped by the natural resources conservation service;
   2. Existing gullies and/or escarpments are present on the subject property or in an area which the subject property is tributary to.
2. Topographic alterations/grading and filling within the bluff impact zone shall not be permitted to increase the rate of drainage and no concentrated flow conditions shall result from the alteration. The drainage from property within the bluff impact zone may not be redirected without a permit from the city. Fill or excavated material shall not be placed in bluff impact zones.

(Ord. No. 152, § 2, 10-14-91; Ord. No. 486, § 3, 10-12-09)

Roads, driveways and parking areas must meet structure setbacks and must not be placed within bluff impact zones when other reasonable and feasible placement alternatives exists. If no alternatives exist, they may be placed within these areas, and must be designed to not cause adverse impacts.

(Ord. No. 152, § 2, 10-14-91)

Editor's note(s)—Section 2 of Ord. No. 218, adopted Aug. 22, 1994, deleted former § 20-406, pertaining to the official bluff impact zone map, derived from Ord. No. 152, adopted Oct. 14, 1991.

Lawful nonconforming structures that have been damaged or destroyed may be reconstructed provided that it is reconstructed within one year following its damage or destruction and provided the nonconformity is not materially increased.

(Ord. No. 152, § 2, 10-14-91)

Lot coverage, impervious surfaces and pervious pavement, within the bluff setback may contribute to bluff instability due to increased runoff and/or erosion. Lot coverage is prohibited within the bluff setback unless specifically authorized within this article.

(Ord. No. 445, § 5, 2-12-07; Ord. No. 628, § 50, 12-11-17)