The purpose of this chapter is to implement the General Plan’s policies for open space and resource conservation by establishing objective review criteria for land use applications, in order to conserve the existing scenic resources and protect the sense of community and/or neighborhood identity now afforded by the presence of the unurbanized open spaces on the ridge tops above the town by preserving them in an open and scenically attractive state.

(Prior Code, § 17.32.010) (Ord. 352, passed - -1973; Am. Ord. 476, passed - -1980; Am. Ord. 886, passed 1-24-2024)

   For the purpose of this chapter, the following definitions and terms of reference shall apply unless the context clearly indicates or requires a different meaning.

(Prior Code, § 17.32.020) (Ord. 352, passed - -1973; Am. Ord. 476, passed - -1980; Am. Ord. 764, passed 2-1-2012; Am. Ord. 886, passed 1-24-2024)

   (A)    No building, accessory building, or structure or modification thereof, shall be erected within ridgeline scenic corridors as located on General Plan Figure OS-I Map of Visual Resources, except in either of the following circumstances:

      (1)   The applicant demonstrates with submissions of photographic visual simulations and architectural drawings, plans and sections showing existing and proposed conditions and how the standards of this section apply to building elevations to the town staff and the Planning Commission that a new building, an accessory structure or addition will have minimal impact on significant views due to the proposed location of the structure in relation to existing improvements; and/or

      (2)   The Planning Commission approves or conditionally approves a permit for building in the ridgeline scenic corridor.

   (B)   If new buildings, accessory buildings or additions and modifications to existing buildings are to be approved for placement within the restricted area, they shall be designed and located to have the least impact on existing visual resources and significant view corridors.

(Prior Code, § 17.32.030) (Ord. 352, passed - -1973; Am. Ord. 476, passed - -1980; Am. Ord. 500, passed - -1982; Am. Ord. 764, passed 2-1-2012; Am. Ord. 886, passed 1-24-2024)

   (A)   (1)   In considering an application for building in the restricted area, the Planning Commission will determine the significant view corridors which are affected by the project through field observations by town officials and the Planning Commission, and by examining photographs of the project site from public gathering places, scenic highways, major roadways, and neighboring properties.

      (2)   Significant view corridors will be addressed by the applicant in the application using photographs and/or illustrations which demonstrate how the proposed project is seen from:

         (a)   Public gathering places, scenic highways, and major roadways;

         (b)   Neighboring properties and neighborhood roadways; and

         (c)   Critical points within the subject property.

   (B)   (1)   Views from public gathering places, scenic highways, and major roadways will be considered significant view corridors unless the Planning Commission makes the specific finding that a given location is not significant for a project.

      (2)   Views from neighboring properties, neighborhood roadways and points within the subject property may be significant if the Planning Commission makes the finding that regulation of views from the point is necessary to protect the general public welfare, as defined in the purpose of this chapter.

(Prior Code, § 17.32.040) (Ord. 352, passed - -1973; Am. Ord. 476, passed - -1980; Am. Ord. 764, passed 2-1-2012; Am. Ord. 886, passed 1-24-2024)

   (A)   The Planning Commission shall use the following criteria to review applications.

   (B)   These criteria must be complied with unless an exception is granted by the Planning Commission.

      (1)   Native planting shall be retained to provide screening and avoid abrupt changes in the natural, vegetative cover. Tree pruning and tree removal around structures may be allowed if needed to reduce fire hazards, accommodate low impact clustered residential development consistent with the standards of § 17.072.090 (H), and ensure emergency ingress and egress. A tree plan, including revegetation requirements and proposed locations of trees of approved suitable species, may be required pursuant to § 16.24.070.

      (2)   Additional screening and cover shall be provided, with new planting utilizing native species compatible with existing vegetation and designed to break up silhouettes, reflections and large, unnatural surfaces. If required as a condition of design review approval, a maintenance bond shall be posted for one year to ensure the vitality of essential landscaping.

      (3)   Buildings, fences and structures shall be of materials and colors compatible consistent with materials and colors in the surrounding area within 300 feet of the project site. Exterior paint colors shall be muted earth tones, consistent with a color palette of paint colors based on Pantone color standards, which have been approved by the Planning Commission. Other colors may be approved through discretionary design review by the Planning Commission.

      (4)   Cuts, fills and retaining structures will be minimized except as reguired exclusively for foundations. Major topographic features shall maintain their natural landforms.

      (5)   Roadways shall follow contours to also minimize cuts, fills and retaining structures. Disturbed areas shall be revegetated to harmonize with the surrounding environment, and retaining structures shall include planting or similar means, as necessary, to harmonize as well.

      (6)   No roads or streets shall be permitted to traverse a ridge.

      (7)   If exterior lighting is to be installed, it shall conform to the following:

         (a)   All utilities and cables shall be placed underground.

         (b)   Alternative energy sources, not including small residential rooftop solar energy systems, may be approved where their impacts are minimized. Small residential rooftop solar energy systems shall be subject to the review and approval procedures set forth in §§ 17.138.200 through 17.138.270. This provision supersedes § 17.044.020 of this title relating to public utilities.

         (a)   All structures shall be located so that the roof does not extend into a ridgeline scenic corridor when viewed from a public gathering place, including town parks, public schools, sidewalks in the Central Commercial area identified in the General Plan, or a major roadway.

         (b)   No part of a building's height shall exceed 28.5 feet on an upslope lot and 35 feet on a downslope lot, 24 feet within 20 feet of a front property line on an upslope lot, and 24 feet at a rear setback line, measured to the adjacent natural or finished grade, whichever is lower. One foot of additional building height in the front and the rear is allowed if the portion of the building above the 24-foot height limit is setback one foot, up to the maximum height limits established for upslope lots (28.5 feet) and downslope lots (35 feet).

         (c)   Where the Planning Commission approves the placement of a structure so that its roofline extends into a ridgeline scenic corridor because of a particular topographical feature or the location of the site and because there is no other suitable building location on the site, no part of the roof of the structure shall extend more than 15 feet above the lowest elevation of the adjacent ridgeline and the maximum horizontal dimension above this elevation shall not exceed 20 feet.

      (10)   In order to minimize bulk and mass, long, unbroken rooflines and large, uninterrupted wall surfaces greater than 40 feet in length shall be allowed only if there is a horizontal or vertical offset of at least five feet or dormers break up the visual mass.

      (11)   A landscape documentation package shall be provided with the development application that complies with the standards of the Model Water Efficient Landscape which applies to all new residential development with 500 square feet or more of landscape area. If the total landscaped area is 2,500 square feet or less, an applicant may use the prescriptive compliance option provided in Appendix D of the Model Water Efficient Landscape Ordinance to streamline the review process.

(Prior Code, § 17.32.050) (Ord. 352, passed - -1973; Am. Ord. 476, passed - -1980; Am. Ord. 764, passed 2-1-2012; Am. Ord. 794, passed 10-7-2015; Am. Ord. 886, passed 1-24-2024)

   (B)   The Planning Commission may approve, modify, deny or continue an application for design review of development in a ridge line scenic corridor and exceptions in accordance with the procedures, including procedures governing notice of public hearings, as set forth herein. The Planning Commission may impose reasonable conditions of approval, provided those conditions of approval are needed to ensure compliance with objective development and design standards.

(Prior Code, § 17.32.060) (Ord. 352, passed - -1973; Am. Ord. 476, passed - -1980; Am. Ord. 500, passed - -1982; Am. Ord. 628, passed - -1994; Am. Ord. 764, passed 2-1-2012; Am. Ord. 886, passed 1-24-2024)

   In approving or conditionally approving an application for design review of a structure in a ridgeline scenic corridor, the Planning Commission shall make the following findings:

   (A)   Other suitable building locations are not available on the site; and/or

   (B)   The visual impact of the proposed structure on significant view corridors has been minimized and the project substantially conforms to the criteria in § 17.060.040.

(Prior Code, § 17.32.070) (Ord. 352, passed - -1973; Am. Ord. 476, passed - -1980; Am. Ord. 764, passed 2-1-2012; Am. Ord. 886, passed 1-24-2024)

   In approving an application for an exception, the Planning Commission shall make the following findings:

   (A)   The exception is the minimum necessary for use and enjoyment of the property;

   (B)   The exception is necessary due to a particular topographical feature or location of the property; and

   (C)   Granting the exception results in a project which meets the intent of § 17.060.070.

(Prior Code, § 17.32.080) (Ord. 352, passed - -1973; Am. Ord. 476, passed - -1980; Am. Ord. 764, passed 2-1-2012; Am. Ord. 886, passed 1-24-2024)

    Notwithstanding any other provision of this chapter, any permit granted for building in the ridgeline scenic corridor shall comply with § 17.040.110 (“Permit Time Limits and Extensions”) of Chapter 17.040 (“General Zone Regulations”).

(Ord. 837, passed 10-2-2019)

   Appeals shall be in accordance with the provisions in §§ 17.020.110  of this title.

(Prior Code, § 17.32.100) (Ord. 352, passed - -1973; Am. Ord. 476, passed - -1980; Am. Ord. 764, passed 2-1-2012)