Article 814-2.2. General

All land within a land use district combined with an SDHD-l slope density and hillside development combining district shall be subject to the regulations in this chapter.

(Ord. 79-8).

The board finds and declares that:

(1)

The terrain of certain areas of the county provides a unique and substantial character to the area, and forms an integral part of the county's total environment;

(2)

Due to their physical prominence in the county's landscape, development of hillside areas affects the visual and environmental character of the county;

(3)

Hillside development should preserve the natural terrain, environmental quality and aesthetic character of the county, while providing creative, innovative and safe residential development with a variety of housing types; and

(4)

Paragraph (3) can be achieved only when special consideration is given to those developments and subdivisions on and near hillsides, and to variations in conditions, design criteria and other requirements which must be flexible in order to achieve hillside development that is consistent with the foregoing findings and the objectives set forth in this article.

(Ord. 79-8).

(a)

The justifying objectives of this chapter's regulation of residential slope density and hillside development are to:

(1)

Encourage minimal grading which affects the natural contour of the land and which will round off, in a natural manner, sharp angles at the top and ends of cut-and-fill slopes;

(2)

Require retention of trees and other vegetation which stabilize steep hillsides, retain moisture, minimize erosion and enhance the natural scenic beauty, and where necessary, require additional landscaping to enhance the scenic and safety qualities of the hillsides;

(3)

Require planting wherever appropriate to maintain necessary cut-and-fill slopes, to stabilize them by plant roots, and to conceal the raw soil from view;

(4)

Require retention of natural landmarks and prominent natural features that enhance the character of a particular area of the county;

(5)

Achieve land use residential densities that are in keeping with the county's general plan, with the result that such densities will usually diminish as the slope of terrain increases, in order to retain the significant natural features of hillside area;

(6)

Minimize the water runoff and soil erosion problems incurred in adjustment of hillside terrain to meet on-site and off-site development needs;

(7)

Retain open hillsides and significant ridgelines in as near a natural state as is feasible as an important community value;

(8)

Encourage the planning, design and development of hillside area building sites so as to provide maximum safety and human enjoyment; and

(9)

Provide for the preservation and maintenance of significant ridgelines, open space and recreational lands.

(b)

The attractiveness of hillside and ridgeline areas and the other objectives specified in this article are important factors of the general welfare of the citizens of the county, and reasonable control of residential slope density and hillside development is in the public interest.

(Ord. 79-8).

Article 814-2.4. Underlying Land Use District

The SD-1 district may be combined with, and made applicable to land in, any planned unit district or agricultural district when such land is located in a general plan residential area, or with any single-family or two family residential district.

(Ord. 79-8).

The following uses are allowed in the SDHD-l combining district:

(1)

Those uses allowed by full compliance with the combined underlying residential, agricultural or planned unit district's regulations; and

(2)

A detached single-family dwelling on each legally established lot and the accessory structures and uses normally auxiliary to it (Ord. 79-8).

Where there is any conflict between the regulations of this chapter and those of the combined underlying zoning district, the requirements of this chapter shall govern, except that the required minimum lot size shall remain that of the underlying zoning district.

(Ord. 79-8).

Article 814-2.6. Residential Slope Density

The residential dwelling unit densities in the SD-1 district shall be computed in accordance with the table in Section 814-2.612, depending upon the average slope of the natural terrain proposed for development and the consideration of all other applicable county regulations, and consistent with the general plan.

(Ord. 79-8).

The average slope of a parcel of land or portion thereof shall be computed by the formula:

(Ord. 79-8).

The letters in the average slope formula have the following meanings:

(1)

AS = Average percent slope;

(2)

I = Contour interval, in feet;

(3)

L = Summation of length of contours, in feet; and

(4)

A = Area in acres of the parcel of land being considered.

(Ord. 79-8).

For the purposes of the average slope formula, percent of slope is the vertical drop in feet divided by the horizontal distance in feet multiplied by one hundred.

(Ord. 79-8).

Any portion of a proposed residential development site with an existing topographical feature, such as a cliff or deep ravine, may be excluded from the determination of allowable density and must be deleted from any lot area contribution if the remaining portion of the parcel meets the requirements of this chapter. Any area so excluded shall also be precluded from any further residential development by scenic easement, deed of development rights, or other appropriate method.

(Ord. 79-8).

The allowable density of residential dwelling units per net acre (after subtracting areas required for streets and schools) is shown on this table. The allowable density indicated on this table, however, does not preclude the zoning administrator from determining that a lower density, or larger lots, from that indicated is required in order to meet the findings, objectives and other criteria as established in this chapter.

(Ord. 79-8).

Article 814-2.8. Development Standards

The development standards in this article are the minimum necessary to insure that this chapter's intent and purpose are accomplished.

(Ord. 79-8).

Streets, buildings, and other manmade structures shall be designed and located to complement the natural terrain and landscape.

(Ord. 79-8).

Off- and on-development-site views of significant ridges shall not be substantially impaired. To determine which ridges are subject to this provision, the criteria set forth in the findings and objectives sections of this chapter shall be utilized.

(Ord. 79-8).

Hillside street standards shall reflect a rural rather than urban character. Street alignments, where feasible, should be parallel to contours. Where a street location between a valley and ridge is unavoidable, directional pavements should be separated, with the principle of grading being half cut and half fill. Intermittent widening of streets for parking and turnarounds at appropriate places shall be encouraged.

(Ord. 79-8).

Street lighting provided as part of a development in hillside areas shall be of low profile design, unobtrusive, and design to enhance a rural character of the area.

(Ord. 79-8).

When required, walkways shall be provided in accordance with a complete pedestrian circulation plan, and not rigidly appended into every street.

(Ord. 79-8).

Bicycle and equestrian trails, if required, shall be integrated into an overall circulation plan for any development.

(Ord. 79-8).

Parking shall be provided off-street, with adequate provision for at least four spaces for each dwelling unit.

(Ord. 79-8).

If necessary, exceptions to the requirements of Titles 7 and 9 may be allowed in the manner provided therein to meet the standards and to accomplish the findings and objectives of this chapter.

(Ord. 79-8).

Article 814-2.10. Grading

Any parcel of land subject to this chapter with an average slope of more than twenty-six percent and/or significant ridgelines and hilltops, regardless of their slope, shall not be graded without the specific authorization of the director of planning. Such grading shall only be done after it is shown, to the satisfaction of the director of planning (or the planning agency when it has jurisdiction), that the proposed grading development will comply with the objectives and regulations of this chapter and will not have a substantial visual impact when viewed from related community areas.

(Ord. 79-8).

Grading shall consider the environmental characteristics of that land, including, but not limited to, prominent geological features, existing stream beds and significant tree cover, and shall use the best engineering practices to avoid erosion, slides or flooding, and to have a minimal effect on this environment.

(Ord. 79-8).

To keep all graded areas and cuts and fills to a minimum, eliminate unsightly grading, preserve and maximize the natural appearance and beauty of the property, and to implement this chapter, the director of planning or the planning agency may impose requirements on the size of the areas to be graded or to be used for building, on the size, height, and angles of cut slopes and fill slopes, and the shape thereof. In appropriate cases, retaining walls may be required.

(Ord. 79-8).

Article 814-2.12. Open Areas

A portion of every proposed residential development located on a parcel of land with an average slope of more than twenty-six percent shall remain in its natural state as an undeveloped open area with no grading, tree or foliage removal, or structure or other development thereon.

(Ord. 79-8).

The undeveloped open areas required by this article shall be located primarily on the upper elevations of any particular residential development site, and shall include significant hilltops and ridges and other topographical landmarks, open exposed hillsides, recreational areas, or areas of environmental significance.

(Ord. 79-8).

Areas to remain as undeveloped open areas may be required to be offered for dedication to be part of a public open space or park system. Where such dedication offer is not to be accepted, the developer shall provide, as required, for the ownership, appropriate access, and necessary care and maintenance of the open area.

(Ord. 79-8).

Article 814-2.14. Development Plans

No development is lawful in an SDHD- 1 district until a development plan for it has been submitted to and approved by the zoning administrator.

(Ord. 79-8).

All applications for development plan approval shall include scale drawings indicating the following:

(1)

Topography;

(2)

A boundary survey of the site;

(3)

All existing and proposed structures, the height of each structure, and the number of dwelling units in each structure;

(4)

Planting and landscape area;

(5)

Automobile parking areas;

(6)

Streets, walkways and trails, with grades, widths and type of proposed improvements;

(7)

Access points providing ingress and egress for the site;

(8)

Existing and proposed utilities;

(9)

Recreation facilities, if any;

(10)

Surface drainage conditions and outlets;

(11)

Building elevations, including architectural type;

(12)

Amount of studio, one-bedroom, two-bedroom, or other sized units;

(13)

Additional information as may be required by the zoning administrator.

(Ord. 79-8).

(a)

Review. The zoning administrator shall review development plan applications, for approval, modification or denial, in public hearing pursuant to and otherwise regulated by the land use permit provisions of Chapter 26-2.

(b)

Approval. In approving the application, the zoning administrator shall find that it is consistent with the purpose of this district and that it is compatible with other uses in the vicinity, both inside and outside the district.

(c)

Changes. When any plan has been approved by the zoning administrator, it shall not thereafter be changed except with the zoning administrator's approval after review, for which the zoning administrator may schedule a public hearing under Chapter 26-2.

(d)

Conditions. The zoning administrator may impose reasonable conditions and limitations, in addition to the requirements listed in this article, to carry out the purpose of this district.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 79-8).

Where it is established to the satisfaction of the director of planning that a vacant parcel of land is a legal lot and has an average slope not exceeding thirty percent, or any significant ridgelines and hilltops, one detached single-family dwelling may be located on the lot without being subject to the application submittal, development plan review and approval provisions of this article.

(Ord. 79-8).

Article 814-2.16. Variance Permits

Variance permits to modify the provisions contained in Articles 814-2.6 through 814-2.14 may be granted in accordance with Chapters 26-2 and 82-6.

(Ord. 79-8).

For the consideration of any requested permit, the zoning administrator may require, in addition to the information and plans submitted with an application, supplemental plans and information as may be needed to properly review the request. Some examples of supplemental plans and information that may be requested are as follows:

(1)

A slope analysis prepared by a licensed architect or engineer based on a drawing having a scale of not less than one inch equals fifty feet and contour intervals not greater than ten feet;

(2)

Preliminary soils and geological reconnaissance report;

(3)

Preliminary grading plans indicating existing and proposed grades and retaining walls, on a drawing to a scale of not less than one inch equals fifty feet; and

(4)

Location of existing trees in excess of six inches in diameter, as measured four feet from the ground. Trees to be removed shall be indicated.

(Ord. 79-8).