Ivins City Zoning Code
CHAPTER 8
MIXED USE DEVELOPMENT OVERLAY DISTRICT MU AND SENSITIVE LANDS OVERLAY DISTRICT SL
16.08.100: SCOPE:
The following special purpose districts are provided by the city to more fully accomplish the purposes of the general plan, all city land use ordinances, including this title, and all other applicable city goals, policies and requirements. (Ord. 2005-13, 2005)
16.08.101: PURPOSE:
The mixed use development overlay district (MU) provides opportunities for a complementary and compatible mix of land uses. The mixed use development overlay district (MU) allows for the establishment of a complementary mix of residential and nonresidential uses within a convenient and pedestrian friendly development layout. The mixed use overlay district (MU) is provided to achieve the following purposes:
(1) Provide for the implementation of the general plan.
(2) Provide flexibility in the type and arrangement of uses to anticipate changes in the marketplace.
(3) Provide an opportunity for a variety and diversity of land uses that may be mixed vertically or horizontally in a unified and complementary manner.
(4) Achieve convenience for residents and promote neighborhood vitality in a compact development pattern.
(5) Provide opportunities for a variety of businesses, and reduce the need for vehicular traffic in the neighborhood and the city.
(6) Encourage efficiencies in land utilization.
(7) Strengthen the city's economic base.
(8) Ensure that the appearance and effects of buildings and uses are harmonious with each other, with natural site qualities, and with the character of the area and the City.
(9) Encourage an attractive and pedestrian friendly streetscape.
(10) Provide amenities and features that enhance the mixed use project area, the neighborhood and the City. (Ord. 2005-13, 2005)
16.08.102: USES ALLOWED WITHIN MIXED USE DEVELOPMENT OVERLAY DISTRICT; DISTRICT ESTABLISHMENT:
The Mixed Use Development Overlay District (MU) allows a combination of uses within the same building or on the same lot or parcel, according to an approved mixed use project plan, as provided herein.
The uses allowed by the establishment of a Mixed Use Development Overlay District (MU) shall be a combination of those uses allowed by one (1) of the zoning districts identified in table 8-1, column A of this section, with those uses allowed by one (1) of the zoning districts identified in table 8-1, column B of this section. The uses allowed within a Mixed Use Development Overlay District (MU) may be further restricted by the Council as identified in the required and approved mixed use project plan and development agreement, as applicable. (Ord. 2009-09, 2009)
Allowed Zoning Districts | |
A | B |
Allowed Zoning Districts | |
A | B |
Residential Agriculture (RA-5) | Neighborhood Commercial (CN) |
Residential Agriculture (RA-1) | Community Commercial (C-1) |
Residential Estates (RE-43.0) | Resort Commercial (RC) |
Residential Estates (RE-37.0) | |
Residential Estates (RE-25.0) | |
Residential Estates (RE-20.0) | |
Residential Estates (RE-17.5) | |
Residential Estates (RE-15.0) | |
Residential Estates (RE-12.5) | |
Single-Family (R-1-10) | |
Single-Family (R-1-7.5) | |
Single-Family (R-1-5) | |
Multiple Residential (R-M) | |
Twinhome (R-2-10) | |
(Ord. 2014-05, 2014; amd. Ord. 2016-06, 2016; Ord. 2017-06, 2017; Ord. 2017-17, 2017)
16.08.103: APPROVAL PROCEDURES:
The establishment of a Mixed Use Development Overlay District (MU) shall require the approval of a zoning districts map amendment application, and the approval of a mixed use project plan, with an accompanying development agreement, as may be determined necessary by the City Council, following the receipt of a commission recommendation. (Ord. 2005-13, 2005)
16.08.104: APPROVAL CRITERIA:
The establishment of a Mixed Use Development Overlay District (MU) may be approved by the City Council, following the receipt of a commission recommendation, with a finding that a Mixed Use Overlay District will:
(1) Enhance the subject property by integrated planning and design as a whole, pursuant to the provisions of this chapter.
(2) Not conflict with any policies of the General Plan.
(3) Meet the intent and purpose of this chapter.
(4) Promote economies in the provision of infrastructure, facilities and services, and promote efficiencies in the long term maintenance of open space areas and the amenities being provided.
(5) Provide a better land use pattern, site design and increased amenities than would be likely if the property were developed as separate zoning districts.
(6) Enhance the economic base of the City.
(7) Not create a burden on the infrastructure, facilities and service capacities of the city. (Ord. 2005-13, 2005)
16.08.105: MIXED USE PROJECT PLAN REQUIRED:
A mixed use project plan ("project plan") shall be presented to the commission for recommendation, and approval by the city council, as part of the application for a zoning districts map amendment to establish a mixed use development overlay district (MU). The project plan must achieve, and must identify techniques to provide, a mixed use development with uniform and compatible site and building standards when the project area is completely built out. The project plan must also demonstrate compliance with the requirements of this chapter, all provisions of this title, and all other land use ordinances, as applicable.
The project plan may be required to be accompanied by a development agreement, when deemed necessary by the city council. Regardless of the size and ownership of lands proposed to be included within a mixed use development overlay district (MU), the required project plan shall include amenities and elements to create, or complement a "walkable" mixed use area.
The project plan shall include all property proposed for a mixed use development overlay district (MU) and shall show all phases of the development (including any phasing plans). Once approved by the city council, the project plan shall be controlling for all required future approvals, permits and licenses, including, but not limited to, subdivision and use applications, and any additional procedural requirements set forth in this chapter, this title and all other land use ordinances, as applicable. (Ord. 2005-13, 2005)
16.08.106: MIXED USE PROJECT DEVELOPMENT AGREEMENT:
A mixed use project plan ("project plan") may be required to be accompanied by, or included within the provisions of a development agreement, when deemed necessary by the city council. (Ord. 2005-13, 2005)
16.08.107: DEVELOPMENT APPROVAL PROCEDURES:
Applications for any required approvals, permits or licenses for property located in a mixed use development overlay district (MU) shall be submitted, processed and considered in accordance with the requirements and procedures set forth in all land use ordinances, including this title, consistent with the approved project plan. Amendments to any existing approvals, permits or licenses shall be obtained by following the procedure required for the original approval. (Ord. 2005-13, 2005)
16.08.108: DEVELOPMENT REQUIREMENTS AND STANDARDS:
The purpose of this section is to achieve the purposes of this chapter and to ensure all allowed uses are located and conducted so as to not adversely impact adjacent uses, including, but not limited to, traffic, noise and safety. All proposed uses and activities shall be approved only if such uses and activities comply fully with the following standards, in addition to all other applicable requirements of this title. Table 8-2 of this section identifies the development requirements and standards applicable to all mixed use development overlay districts (MU).
Development Requirement | Standard |
Development Requirement | Standard |
Allowed uses | As allowed by the 2 zoning districts contained within the mixed use development overlay district. |
Required use approval procedure | A use allowed in either of the 2 zoning districts contained within the mixed use overlay district shall be reviewed and approved or denied as a class I, class II, class III, class IV, or class V use in a mixed use development overlay district, whichever is most restrictive. |
Allowed residential density | As allowed by the applicable agriculture, residential agriculture, residential estates, single-family or multiple residential zone district included in the mixed use development overlay district. |
Minimum lot size | All lots used exclusively for a residential use shall meet the minimum lot size of the applicable agriculture, residential estates, single-family or multiple residential zone district included in the mixed use development overlay district. All commercial, office or mixed use lots shall be of sufficient size to provide compliance with all building setbacks, landscaping, access, parking and other standards as specifically provided by an approved mixed use project plan, or necessary for use approval, as provided by this title. |
Required open space | A minimum open space area of 10 percent of the mixed use project plan area shall be provided. |
Open space use regulations, open space design standards, permanent open space protections and open space ownership and maintenance | |
Sensitive lands | All "sensitive lands areas", as defined by this title, and located within the boundaries of a mixed use project plan area shall comply with all requirements of the sensitive lands overlay district (SL). When any sensitive lands areas exist on any portion of a mixed use development overlay district (MU), the requirements of the sensitive lands overlay district (SL) shall prevail, or as may be specifically provided by the approved mixed use project plan to achieve the purposes of this title. |
Maximum building size | The more restrictive of the 2 zoning districts contained within the mixed use overlay district, or as specifically provided by the approved mixed use project plan. |
Maximum building height | The more restrictive of the 2 zoning districts contained within the mixed use overlay district, or as specifically provided by the approved mixed use project plan. |
Minimum required front yard setback | The more restrictive of the 2 zoning districts contained within the mixed use overlay district, or as specifically provided by the approved mixed use project plan. |
Minimum required side yard setback | The more restrictive of the 2 zoning districts contained within the mixed use overlay district, or as specifically provided by the approved mixed use project plan. |
Minimum required rear yard setback | The more restrictive of the 2 zoning districts contained within the mixed use overlay district, or as specifically provided by the approved mixed use project plan. |
Building standards | All requirements for primary and accessory buildings shall be either as required by the 2 zoning districts contained within the mixed use overlay district, or as specifically provided by the approved mixed use project plan. |
Minimum off street parking requirements | As required by the 2 zoning districts contained within the mixed use overlay district. Total required off street parking spaces may be determined by the review and acceptance by the city of a shared parking analysis, conducted using accepted information and analysis methods, and approved and accepted as part of mixed use project plan. (See section 16.20.113 of this title.) |
Location of off street parking areas | The location of all parking areas shall be considered understanding the visual and pedestrian amenity impacts of off street parking areas. The relationships and placement of buildings, open spaces, vehicle and pedestrian facilities and off street parking areas is a critical design element in mixed use areas and shall be considered by the commission and city council prior to mixed use project plan approval. |
General design principles | All mixed use project plans shall be required to include measures of design, layout and other design elements that are generally characterized as traditional neighborhood design (TND) principles, which may include residential designs that deemphasize garages which may be set back from the front line of the home or provided with side entry, street side covered front porches, balconies and decks, wrap around porches, streets designed for low vehicle speeds and which emphasize pedestrian facilities, off street parking areas hidden from public streets, extensive use of street facing windows, pedestrian facilities and connections. |
Architectural design and materials requirements | The appropriate use of materials, colors and other features indicative of the desert environment of the city. All buildings shall possess a similar architectural theme and have common architectural elements creating a unifying development character and design theme. All sides of buildings shall receive equal design consideration, particularly where exposed to pedestrian and/or vehicular traffic and adjacent properties. |
Building orientation | All buildings shall address the street and provide architectural and other design elements to create a presence and attractive and inviting building-street relationship. All buildings shall provide windows, balconies, terraces or other design features that are oriented to the street. Window shape and size shall be compatible from building to building. Tinted windows or windows with reflective film or glass are prohibited at street level. |
Signs | All mixed use project plans shall propose a consistent and unified signage scheme, such signage complying with the site and building design requirements and approval procedures, as provided by this title. Signs utilizing the same materials and colors as used on the principal buildings are preferred. |
Required landscaping and landscaping plan | A landscaping plan shall be presented accompanying the proposed mixed use project plan, such landscaping plan complying with the site and building design requirements and approval procedures, as provided and required by this title. |
Building and site lighting | A building and site lighting plan shall be presented accompanying the proposed mixed use project plan, such building and site lighting plan complying with the site and building design requirements and approval procedures, as provided and required by this title. |
Street widths | Necessary and appropriate street widths shall be determined during mixed use project plan review and approval by the city council, following the receipt of a planning commission recommendation. All streets shall be designed and constructed to provide traffic calming strategies and necessary pedestrian connections and pedestrian and traffic compatibilities. |
Other site design requirements and features | For all other building and site design elements, the building and site design plans shall comply with the site and building design requirements and approval procedures, as provided and required by this title, or as may be further identified and required by the approved mixed use project plan. |
Nuisance | No use shall be designed or operated to expose adjoining properties and uses to offensive noise, odors, dust, electrical interference and/or vibration, or create any other nuisance. |
(Ord. 2005-13, 2005)
16.08.201: PURPOSE:
The purposes of the sensitive lands overlay district (SL) are to:
(1) Protect and preserve the sensitive lands areas of the city, as defined by this chapter and this title. Such sensitive lands resources include, but are not limited to: lava fields, major hillsides, ridges and ridgelines, knolls, mesas, cuestas, escarpments, boulder outcroppings, large boulders, canyons, natural drainage areas and other areas of visual significance.
(2) Protect the health, welfare and safety of all residents, and minimize any risks to life and property.
(3) Minimize the potential for demands on the fiscal resources of the city to mitigate and correct any risks to the health, welfare and safety of the public, property owners, individuals, public infrastructure, facilities and services, and private investment.
(4) Preserve the natural setting of the city to maintain and strengthen private property values, provide a desirable environment for businesses and residents, protect and enhance the city economy, and protect the quality of life and amenities of existing and future residents.
(5) Guide and require responsible land use and development for those lands identified to have development limitations due to environmental sensitivity.
(6) Require that all development and construction located on sensitive lands areas occur in harmony with the natural features and topography of the site, thereby reducing visual and site impacts.
(7) Establish a sensitive lands development process that requires applicants to select suitable development sites on their property through the use of slope calculations, maximum land holding capacity, or development agreements to determine the appropriate density, intensity, design and location of structures and improvements.
(8) Permit the flexibility to modify or remove relatively small topographic features which may have slopes distinctly different from surrounding property in order to facilitate reasonably efficient development in a particular area. The exclusion of such features or areas shall not be contrary to the overall purpose of this chapter.
(9) Establish a sensitive lands committee as a recommending body to staff, planning commission and city council. The sensitive lands committee will review proposed projects in the sensitive lands overlay district based on this chapter.
(10) Establish a method of protecting sensitive lands by minimizing its disturbance by development while allowing for land owners to develop lands in a responsible manner and minimizing the economic impact. (Ord. 2014-08, 2014; amd. Ord. 2023-26, 2023)
16.08.202: APPLICABILITY:
The standards, guidelines and procedures established by this chapter shall apply to all lands lying within the sensitive lands overlay district as delineated on the Sensitive Lands Map attached to the ordinance codified herein or, in rare cases, in other areas deemed to meet the intent of this chapter by the city staff. In addition, all properties seeking annexation or preapproval of projects pending annexation to the city will be evaluated according to the standards and procedures outlined in this chapter. (Ord. 2023-26, 2023)
16.08.203: SENSITIVE LANDS MAP AND OVERLAY DISTRICT:
The sensitive lands overlay district is delineated on the Sensitive Lands Map attached to the ordinance codified herein.
The purpose of the sensitive lands map is to identify areas that may contain sensitive or unique geological features within the City of Ivins. The map is designed as an aid for general planning to indicate where more detailed, site-specific special studies are required. The map is not a substitute for site-specific investigations. Sensitive lands boundaries shown on the map are approximate and are subject to change with additional information. Furthermore, small, localized areas of sensitive lands may exist on a project site but their identification may be limited by data availability or map scale. (Ord. 2023-26, 2023)
16.08.204: SENSITIVE LANDS DEFINED:
For the purposes of this chapter, and this title, the following lands are hereby determined and identified to be "sensitive lands", and subject to the requirements of this chapter and this title:
(1) All areas subject to flooding, as identified by the city sensitive lands map, incorporated herein by reference.
(2) All areas of wetlands, as identified by the city sensitive lands map, or as may be identified by the U.S. Army Corps of Engineers.
(3) All areas of hillsides:
(a) In low density residential zones where the slope of the natural grade is equal to or greater than eight percent (8%) (one foot (1') of grade change for every twelve and one half feet (12½') of horizontal run) for a minimum distance of forty feet (40') measured in the predominant slope direction of a hillside meeting all of the following conditions:
(i) The hillside is conspicuously visible from major public viewing areas defined as collector streets, arterial streets and public gathering places.
(ii) The hillside rises more than thirty (30) vertical feet over a distance of three hundred seventy five feet (375') or less (greater than or equal to an eight percent (8%) slope).
(iii) Minor washes or outcrops that disrupt the contiguous hillside slope may be excluded in the analysis of the slope.
(b) Not in low density residential zones (i.e., commercial and medium-to high-density residential) where the slope of the natural grade is equal to or greater than twelve percent (12%) (one foot (1') of grade change for every six and two-thirds feet (6') of horizontal run) for a minimum distance of forty feet (40') measured in the predominant slope direction of a hillside meeting all of the following conditions:
(i) The hillside is conspicuously visible from major public viewing areas defined as collector streets, arterial streets and public gathering places.
(ii) The hillside rises more than thirty (30) vertical feet over a distance of two hundred feet (200') or less (greater than or equal to a twelve percent (12%) slope).
(iii) Minor washes or outcrops that disrupt the contiguous hillside slope may be excluded in the analysis of the slope.
(4) All ridgeline protection areas within the Sensitive Lands Overlay District defined as:
(a) Class A Ridgeline: Areas within one hundred (100) vertical feet of the ridgeline of Landhill (see Figure 8-12 for clarification), as identified on the city sensitive lands map, incorporated herein by reference; and
(b) Class B Ridgeline: Using the map as a reference and guideline, interior bluff ridgelines which are prominent bluffs, cuestas, knolls or hills where the slope abruptly changes from a very steep slope to a nearly flat slope or reverse grade slope such that it creates an interior ridge that could be viewed from multiple locations surrounding the feature and significantly impact views.
(i) To be classified as an interior bluff ridgeline sensitive lands, the ridgeline must be located adjacent to a very steep slope which is defined as a slope greater than fifteen percent (15%) over a height of at least twenty foot (20') rise over a run of 166.67 feet or less). The ridgeline must be contiguous for at least two hundred feet (200') lengthwise.
(ii) The location of the ridgeline shall be located approximately at the location where the slope becomes steeper than fifteen percent (15%). The location may be moved by the city if deemed more appropriate during a site visit to the location that seems to be most prominent from most possible viewpoints.
(iii) The sensitive lands map identifies most Class B Ridgelines; however, the city may identify additional Class B ridgelines if deemed to significantly contribute to the natural beauty of Ivins.
(c) Class C Ridgeline: Using the map as a reference and guideline, areas where there is a significant ridgeline with a unique rock outcropping and as identified by the site study and sensitive lands site visit.
(i) To be classified as an interior bluff ridgeline sensitive lands, the ridgeline must be located adjacent to a very steep slope which is defined as a slope greater than 15 percent over a height of at least fifteen foot (15') rise over a run of one hundred twenty five feet (125') or less). The ridgeline must be contiguous for at least one hundred feet (100') lengthwise.
(ii) The location of the ridgeline shall be located approximately at the location where the slope becomes steeper than fifteen percent (15%). The location may be moved by the city if deemed more appropriate during a site visit.
(5) Habitat conservation plan areas, as identified by the city sensitive lands map.
(6) Lava fields and areas of rock outcroppings defined as:
(a) Lava fields as shown in shading on the city sensitive lands map represent the area of a solidified lava flow that has frequent basalt outcroppings.
(b) Rock outcroppings shall be defined as areas where rock layers, large boulders, or a field of boulders are exposed and preservation of the feature would notably contribute to maintaining the natural beauty of the City. These features are typically four thousand (4,000) square feet and larger but may be smaller as determined by the City from site meetings.
(c) Significant Rock Outcroppings have been specifically identified on the City sensitive lands map and in the list below.
(i) Tuacahn Wash Waterfall (300 S/Tuacahn Wash).
(ii) Pickleball Trails Slickrock and Rockfall Zone.
(iii) Sage Way Rockfall Zone.
(iv) Dry Wash Rockfall Zone.
(v) Kayenta Rock (Shonto/Evening Star Drive).
(vi) Elephant Rock (Evening Star Drive/Big Soldier).
(vii) Dry Wash Slot Canyon Complex.
(7) Areas of known geologic hazard, as identified by the city sensitive lands map, or as may be identified by a county, state or federal agency with authority. Examples of geologic hazards are expansive clays, rockfall zones, landslide zones, etc. (Ord. 2014-08, 2014; amd. Ord. 2023-26, 2023)
16.08.205: ALL APPROVALS, LICENSES AND PERMITS TO COMPLY:
(1) All approvals, licenses and permits issued for any use and/or construction on any sensitive lands areas are required to recognize any requirements of the land use authority, as applicable.
(2) No approval, license or permit, including any required building permits, proposed on any sensitive lands areas, shall be issued until the sensitive lands committee has either decided the approval, license or permit, or provided a recommendation to the land use authority, with authority, for the approval, license or permit. (Ord. 2014-08, 2014; amd. Ord. 2023-26, 2023)
16.08.206: PRE-APPLICATION MEETING AND SITE VISIT:
(1) The applicant may request an optional pre-design meeting and site visit with the sensitive lands committee in order to identify and clarify the potential locations of sensitive lands as defined in 16.08.204
which may vary by application at the discretion of the sensitive lands committee.
(2) The pre-application site visit may result in a determination that the proposed project will not disturb any sensitive lands and the sensitive lands committee may determine to waive the requirement of the developer to file a sensitive lands application.
(a) The technical review committee as it reviews the development applications will further confirm that the development does not encroach on sensitive lands. If plans are modified during the approval process such that disturbance is evident, the technical review committee may pause their review process and require that the developer submit the sensitive lands application. (Ord. 2023-26, 2023)
16.08.207: APPLICATION REQUIREMENTS FOR USE APPLICATIONS AND SUBDIVISION APPLICATIONS PROPOSED IN SENSITIVE LANDS AREAS:
In addition to the other requirements of all land use ordinances for use or subdivision applications, the following additional information and materials are required at the discretion of the sensitive lands committee when such applications propose the location of a use or subdivision on any sensitive lands area:
(1) Site Plan: Digital PDF file of a site plan or subdivision layout plan, drawn at a scale of one inch equals twenty feet (1" = 20'), or as required by the zoning administrator, prepared by a licensed engineer or architect identifying the following:
(a) For use applications, the location and dimension of the property and all proposed uses and buildings, existing buildings or other structures located on the property, and existing buildings and structures located within one hundred feet (100') of the property. Existing property lines and existing fence lines shall be shown. For subdivision applications, the location and dimension of the property and all proposed lots, streets, roads and other rights of way shall be shown. Existing property lines and existing fence lines shall be shown.
(b) A calculation, identifying areas and percentages of all pervious and impervious areas.
(c) A description of all proposed uses and buildings, including the total site area and building square footage, by building.
(d) The location of all zoning district boundaries.
(e) The location and dimension of all sensitive lands areas and features, as defined herein.
(f) The proposed setbacks and exterior dimensions of all proposed buildings and structures.
(g) The location of roads and streets adjacent to the site, or proposed to serve the site, and including any permits as required by Washington County, or the state department of transportation, as applicable.
(h) The location and dimension of all proposed ingress and egress points, off street parking and loading areas, including the total number of parking and loading spaces.
(i) The location and dimension of all pedestrian and biking facilities, including sidewalks and trails, if any.
(j) All public and private rights of way and easements located on or adjacent to the property proposed to be continued, created, relocated or abandoned, shall be shown.
(k) The pdf site plan shall be georeferenced such that it can be used during the field survey with a GPS enabled device and software that will show the location where one is standing on the project site.
(2) Site Model (When Requested By City); Use Applications: A three-dimensional representation of the site (a model or a computer generated visualization/simulation), identifying the form, and massing of all proposed structures showing the relationships of all buildings, structures and proposed improvements to the site topography. The three-dimensional representation must accurately depict the proposed building lines and massing of all structures and roof forms as well as visually relating the proposed buildings and structures to the natural terrain and showing the location and appearance of the building, lot, landscaping and skyline.
(3) Site Model (When Requested By City); Subdivision Applications: A three-dimensional representation of the site (a model or a computer generated visualization/simulation), identifying the location of all existing and proposed streets and roads adjacent to the subdivision site, or proposed to be created on the subdivision site; proposed lot arrangement; and the location, form and massing of all proposed structures, showing the relationships of all buildings, structures and proposed changes to the site topography. The three-dimensional representation must accurately depict the proposed subdivision design features as well as visually relating the proposed locations of all buildings and structures to the natural terrain and showing the location and appearance of all buildings, lots, landscaping and skyline.
(4) Site Photographs: Photographs of the site looking out from the property in all directions and of the property from several different viewpoints and of any unique geologic features contained within the site.
(5) Grading And Drainage Plan: A detailed grading and drainage plan shall be provided, prepared by a registered engineer or geologist, identifying the existing topography, and the proposed finished grade of the site, shown at a maximum contour interval of two feet (2'), or as required by the zoning administrator. All areas of excavation and fill, slopes of cut and fill, total cubic yards of excavation and fill, methods of concealment for each exposed cut and fill, and calculations identifying the limits and amount of disturbance for the total site shall be shown. This plan shall show the original drainage pattern (natural course) and proposed changes, if any. If any structures or culverts are involved, it will be necessary to include an estimate of peak flows for a one hundred (100) year storm event to establish drainage facility cross sections. Any sheet flows diverted from their original drainage shall be returned to the natural course before leaving the property.
(6) Erosion Control Plan: Information and plans identifying proposed temporary and permanent erosion control measures.
(7) Landscaping And Revegetation: A landscape plan shall be provided, prepared by a registered landscape architect, identifying all proposed landscape, screening and buffering features, including the building envelope; building footprint; all accessory structures and locations; significant natural features; plant materials list with type, quantity and size; plant location; location and species of plant materials existing on the site; and methods for the revegetation of all disturbed areas. All proposed plant materials should be drought tolerant. Native vegetation shall be identified and preserved to the maximum extent possible in the landscape plan.
(8) Fences And Walls: The location of all fences and walls, identifying the proposed height, materials and colors. All fences and walls shall be located within the maximum limits of disturbance area for each lot, as applicable. No retaining wall shall exceed three feet (3') in height, measured from the immediately adjacent lowest natural or finished grade. Retaining walls shall not be terraced or stacked in any manner that increases the height of any retaining wall, or series of retaining walls, to a height greater than three feet (3') from the immediately adjacent lowest natural or finished grade.
(9) Building Plans: The exterior elevations of every side of all proposed structures, clearly showing proposed building materials and colors proposed for all exterior building facades. This information shall include a proposed building materials and colors board, including color chips and material samples, identified with the manufacturer's name, color and LRV number, where applicable. The location of all associated mechanical and ancillary equipment, if any, shall be provided, including any screening treatments proposed.
(10) Site And Building Lighting Plans: Information and plans shall be provided identifying all proposed site and building lighting, identifying the type, design, location, intensity, height and direction of all site and building lighting. A photometric plan of the site, including all site and building lighting, may be required by the sensitive lands committee and/or land use authority.
(11) Waste And Storage Areas: The location and dimensions of all proposed solid waste collection areas and storage areas, including the proposed method of screening.
(12) Construction Plans: A narrative identifying the phases of construction, a construction schedule, and a list of all permits necessary for the proposed uses, as applicable.
(13) Site Visit: An on-site meeting with the sensitive lands committee to clarify the intent and purpose of the preservation efforts as described in 16.08.201
. At their discretion, the sensitive lands committee may identify new or previously acknowledged areas or geological features as significant or insignificant and may reasonably modify the sensitive lands requirements herein in order to achieve the intent of these ordinances. (Ord. 2014-08, 2014; amd. Ord. 2023-26, 2023)
16.08.208: SENSITIVE LANDS DETERMINATION AND INVENTORY REQUIRED WITH APPLICATION:
A sensitive lands determination and inventory, complying with the requirements of section 16.08.206
of this chapter, shall be required to accompany any land use application required by this title when:
(1) The property, that is the subject of the application, is identified as being located, wholly or in part, within a sensitive land area, as identified by the city sensitive lands map.
(2) The city council, commission, sensitive lands committee or zoning administrator has information or knowledge that indicates the possibility that sensitive lands may exist. (Ord. 2014-08, 2014; amd. Ord. 2023-26, 2023)
16.08.209: SENSITIVE LANDS DETERMINATION AND INVENTORY REQUIREMENTS:
When required by section 16.08.205
of this chapter, a sensitive lands determination and inventory shall comply with the following:
(1) Be performed by qualified professionals with the necessary licensure, certification or expertise required to identify and delineate all sensitive lands areas occurring on the proposed development site.
(2) Be based on a survey of the subject property.
(3) Include necessary text and map materials sufficient to clearly identify and delineate the following site features and conditions, as may be applicable to the site:
(a) The area and boundaries of all areas subject to flooding, including the boundaries of all natural drainageways and 100-year floodplains, including a map identifying the base and 100-year floodplain elevations.
(b) The area and boundaries of all wetlands, as identified by the U.S. Army Corps of Engineers, or a wetlands delineator, as certified by the U.S. Army Corps of Engineers.
(c) A color shaded slope analysis of the site area, using a contour interval of two feet (2') or less and identifying all areas and boundaries where the slope of the natural grade of the subject property is:
(i) Less than eight percent (8%).
(ii) Equal to, or greater than eight percent (8%), but less than twelve percent (12%).
(iii) Equal to, or greater than twelve percent (12%), but less than fifteen percent (15%).
(iv) Equal to, or greater than fifteen percent (15%). These areas shall be identified as "areas of very steep slope".
(d) Cross sections of the site topography across the subject site at approximately two hundred foot (200') intervals in the predominant direction of slope with at least two (2) cross sections. The cross sections should be located in areas considered to be representative of the site slopes, have angled vertices to roughly follow the predominant slope, and may need to be placed more frequently as necessary to define the boundaries of sensitive lands.
(e) Identify the boundaries that will define the areas on the hillsides/slope where slopes are eight percent (8%) to twelve percent (12%), twelve percent (12%) to fifteen percent (15%), and greater than fifteen percent (15%) based on the analysis of the color shaded slope analysis provided with item (c) and the cross-sections provided with item (d).
(f) All areas within one hundred (100) vertical feet of the Class A Landhill Ridgeline (See Figure 8-12
for clarification), as identified on the city ridgelines sensitive lands map.
(g) All areas within one hundred fifty (150) horizontal feet of Class B interior city bluff ridgelines, in all locations as identified on the city ridgelines sensitive lands map, incorporated herein by reference, starting at the point where the slope becomes steeper than fifteen percent (15%) then extending out on uphill side as shown in Figure 8-13.
(h) All areas within twenty (20) horizontal feet both sides of a Class C interior city bluff ridgeline in all locations identified on the city sensitive lands map, incorporated herein by reference. The ridgeline is defined as the line where the ridgeline is most prominent to most observation points, approximately located at the point where the slope becomes steeper than fifteen percent (15%).
(j) Habitat conservation plan areas, as identified by the city sensitive lands map.
(l) The area and boundaries of rock outcroppings with an area of four thousand (4,000) square feet or larger per the definition in 16.08.204
.
(m) The area and boundaries of significant rock outcroppings per the definition in 16.08.204
(n) Areas of known geologic hazard, as identified by the city sensitive lands map, or as identified by a county, state or federal agency with authority.
(o) All maps showing locations of sensitive lands shall be georeferenced such that it can be used during the field survey with a GPS enabled device and software that will show the location where one is standing on the project site. (Ord. 2014-08, 2014; amd. Ord. 2023-26, 11-16-2023)
16.08.210: SENSITIVE LANDS SURVEY AND SITE VISIT:
A sensitive lands site visit shall be conducted for all properties that are located within the Sensitive Lands Overlay District to evaluate the Sensitive Lands Determination and Inventory that was conducted by the professionals hired by the developer to aid in verifying the completeness and accuracy of the inventory.
(1) The site visit shall be conducted by the Sensitive Land Committee as part of a scheduled committee meeting, but shall also invite Mayor, City Council and Planning Commission.
(2) At the discretion of the city (Sensitive Lands Committee, Planning Commission, or final approval body City Council), it may identify new or previously unacknowledged areas or geological features as significant or insignificant and may reasonably modify the sensitive lands requirements herein in order to achieve the intent of these ordinances.
other markers as appropriate) to identify the boundaries of the sensitive lands matching the Sensitive Lands Determination and Inventory documents that were submitted with the application as required per this ordinance.
(4) The following boundaries shall be surveyed:
(a) Boundary edge of lava fields, rock outcroppings, and boulder fields.
(b) Location of Class B and C Ridgelines
(c) Transition boundaries between areas of hillside designations
(i) Low Density Residential Hillsides: Transition between areas not sensitive lands with less than eight percent (8%) average slopes and areas of sensitive lands steep slope greater than eight percent (8%).
(ii) Not Low Density Residential Hillsides: Transition between areas not sensitive lands hillside with less than twelve percent (12%) average slopes and areas of sensitive lands steep slope greater than twelve percent (12%).
(iii) All Land Uses Hillsides: Transition between areas of sensitive lands steep slope with less than fifteen percent (15%) average slopes and areas of sensitive lands very steep slope greater than fifteen percent (15%).
(d) Boundary edge of delineated wetlands and floodplains.
(Ord. 2023-26, 2023)
16.08.211: SENSITIVE LANDS PROTECTION REGULATIONS; STREAMS AND FLOODPLAINS:
The following requirements and standards are provided to promote, preserve and enhance stream corridors and areas subject to flooding, to protect them from potentially irreversible impacts, and to protect private and public property from damage due to flooding. Unless modified by this section, all development standards of the zoning district in which the property is located, and any zoning district overlay provisions, shall apply.
(1) Prohibited Activities: No person shall disturb, remove, fill, dredge, clear, destroy or alter any stream corridor, except as may be expressly allowed by a valid stream channel alteration permit, as issued by the state Department of Natural Resources.
(2) Required Setbacks: Setbacks for any building, structure or improvement located within or adjacent to a stream corridor shall comply with the more restrictive setback requirements of the zoning district, including any overlay districts, in which it is located, or the requirements of the state Department of Natural Resources, or the U.S. Army Corps of Engineers, as applicable.
(3) Runoff Controls: All construction and development projects located adjacent to a stream corridor shall apply best management practices for both temporary and permanent runoff controls to minimize sediment and other contaminants, as may be required by a local, state or federal agency with jurisdiction.
(4) Management Recommendations: The sensitive lands committee, commission or city council, as applicable, may request recommendations from any local, state or federal agencies, or other professionals, prior to deciding a land use application for any required approval, permit or license.
(5) Development Or Construction Must Comply: Any development or construction within a floodplain must comply with the Ivins City flood damage prevention ordinance, title 7, chapter 11 of this code. (Ord. 2014-08, 2014; amd. Ord. 2023-26, 2023)
16.08.212: SENSITIVE LANDS PROTECTION REGULATIONS; WETLANDS:
(1) Prohibited Activities: No person shall disturb, remove, fill, dredge, clear, destroy or alter any wetland, as identified by the city sensitive lands map, or as may be identified by the U.S. Army Corps of Engineers, except as may be expressly allowed by a valid and necessary permit, as issued by the U.S. Army Corps of Engineers.
(2) Required Setbacks: Setbacks for any building, structure or improvement located within or adjacent to a wetland, as identified by the city sensitive lands map, or as may be identified by the U.S. Army Corps of Engineers, shall comply with the more restrictive setback requirements of the zoning district in which it is located, or the U.S. Army Corps of Engineers, as applicable.
(3) Runoff Controls: All construction and development projects located adjacent to a wetland shall apply best management practices for both temporary and permanent runoff controls to minimize sediment and other contaminants, as may be required by U.S. Army Corps of Engineers.
(4) Management Recommendations: The sensitive lands committee, commission or city council, as applicable, may request recommendations from any local, state or federal agency, or other professionals, prior to deciding a land use application for any required approval, permit or license. (Ord. 2014-08, 2014; amd. Ord. 2023-26, 2023)
16.08.213: SENSITIVE LANDS PROTECTION REGULATIONS; SLOPES, LOW DENSITY RESIDENTIAL:
To protect and preserve the natural beauty of the city, to avoid unnecessary excavation and grading, to preserve naturally occurring landscape features, to protect the visual quality, character and view amenities of the city, the following requirements and standards are provided for low density residential zoned areas determined to have a slope equal to, or greater than eight percent (8%) as previously defined in this chapter. Unless modified by this section, all development standards of the zoning district in which the property is located, and any zoning district overlay provisions, shall apply.
(1) Street Alignment: All street alignments shall parallel contours of the natural terrain, as practicable. Short sections of roadways that run perpendicular to contours and serve the purpose of connecting main parallel sections should follow natural drainageways, where possible, and should be curved and contoured to minimize any adverse visual impact. Public street lighting shall be in compliance with Ivins City standards.
(2) Maximum Street Grade: The maximum grade of any street or road located in areas determined to have a slope equal to, or greater than eight percent (8%), shall be eight percent (8%). Short runs may be permitted to exceed eight percent (8%) if the sensitive lands committee, commission and the city council find that such street grades are necessary and will not create significant visual, environmental or safety impacts, and the street design and alignment follows contour lines to preserve the natural character of the land, and all cut and fill slopes are minimized and revegetated, as identified in an approved landscape and revegetation plan.
(3) Street Design: In accordance with city standards (see current transportation master plan). A rural cross section may be considered if it is demonstrated to achieve a reduction of impact to sensitive lands.
(a) Drainages shall be crossed perpendicular to flow lines.
(b) Drainage crossings shall utilize sag curves to lower roadway profiles.
(c) Roadway profiles shall be designed to minimize areas of both cut and fill. Cut sections are preferred over fill sections.
(d) All cut and fills shall be minimized as much as practical and limited to conform to the street design criteria of this section, including that all street alignments conform to, and parallel the contours of the natural terrain, as practicable.
(e) All cut and fill areas shall be recontoured to the natural, varied contour of surrounding terrain with a maximum tapered slope back to natural grade of not greater than two to one (2:1).
(f) All areas of cut and fill shall be temporarily planted or otherwise protected from erosion during the period of construction and shall be permanently planted or otherwise protected from erosion within twenty (20) days after the completion of all grading or excavation, as identified by an approved landscape and revegetation plan.
(g) All streets shall be located and screened to minimize any visual impacts associated with streets, street locations and other infrastructure.
(4) Benching And Terracing Prohibited: No cutting, grading, filling, excavating, benching or terracing of any proposed lot or parcel shall be permitted or authorized to occur outside of the maximum limits of disturbance area for each lot or parcel, as provided herein.
(5) Maximum Limits Of Disturbance Area: The maximum area of any lot or parcel that may be disturbed shall be limited as determined by the average slope of the subdivision lot or parcel, as provided by table 8-3
of this section. The maximum area of any lot or parcel that may be disturbed may be increased, as further provided by table 8-3 of this section, if the lot or parcel is located in an area within a planned development overlay (PD) district. The maximum limits of disturbance area shall be identified on each lot or parcel and shall include all graded, excavated, filled or otherwise disturbed areas, the area occupied by the primary building, all accessory building areas, areas of hard surfacing, including driveways, walkways, patios, off street parking areas, and all areas of disturbance or nonnative vegetation.
FIGURE 8-2 (NOT USED)
Average Lot Slope (Column A) | Maximum Limits Of Disturbance Area (Column B) | Maximum Limits Of Disturbance Area For Lots Located In Planned Development Overlay (PD) District (Column C) |
Average Lot Slope (Column A) | Maximum Limits Of Disturbance Area (Column B) | Maximum Limits Of Disturbance Area For Lots Located In Planned Development Overlay (PD) District (Column C) |
Less than 8 percent | 100 percent | 100 percent |
Less than 8 percent but surrounded by lots on at least 3 sides with average slopes greater than 8 percent | 50 percent | 1 percent increase in the maximum limits of disturbance area (column B) for each 1 percent of open space area being provided as identified by an approved planned development project plan |
8 percent to less than 9 percent | 45 percent | 1 percent increase in the maximum limits of disturbance area (column B) for each 1 percent of open space area being provided as identified by an approved planned development project plan |
9 percent to less than 10 percent | 40 percent | 1 percent increase in the maximum limits of disturbance area (column B) for each 1 percent of open space area being provided as identified by an approved planned development project plan |
10 percent to less than 11 percent | 35 percent | 35 percent |
11 percent to less than 12 percent | 30 percent | 30 percent |
12 percent to less than 13 percent | 25 percent | 25 percent |
13 percent to less than 14 percent | 20 percent | 20 percent |
14 percent to less than 15 percent | 15 percent | 15 percent |
15 percent or greater | 10 percent | 10 percent |
For the purposes of this section, the average slope of a lot shall be the average slope of a connecting line drawn from the lowest point of the lot to the highest point following the path most nearly perpendicular to the natural grade contours.
Any areas of the lot that are excluded from disturbance with a restriction on the subdivision plat (or other equivalent method of restriction) may be excluded from the calculation of the average lot slope, provided that the revised average lot slope does not increase the disturbance area by more than two (2) times the original calculation or to more than forty five percent (45%) of the entire lot.
(6) Maximum Building/Structure Height: The maximum height of all primary buildings or structures shall not exceed eighteen feet (18') above the natural or finished grade, whichever is lower.
(7) Areas Of Cut And Fill Slope: All proposed areas of cut and fill on lots shall meet the following requirements:
(a) All cut and fill areas shall be minimized as much as practicable.
(b) All cut and fill areas shall be located within, and included in, the maximum limits of disturbance area for each lot.
(c) All cut and fill areas shall be recontoured to the natural, varied contour of surrounding terrain with a maximum tapered slope back to natural grade of not greater than two to one (2:1).
(d) All areas of cut and fill shall be temporarily planted or otherwise protected from erosion during the period of construction and shall be permanently planted or otherwise protected from erosion within twenty (20) days after the completion of all grading or excavation, as identified by an approved landscape and revegetation plan.
(e) No fill areas shall exceed three (3) vertical feet, measured from the naturally occurring grade. No retaining walls shall be used in association with any fill areas or fill slopes. All fill slopes shall be recontoured to the natural, varied contour of surrounding terrain with a maximum tapered slope back to natural grade of not greater than two to one (2:1).
(f) All cut areas shall be minimized, as much as practicable, and shall only be allowed for the purposes of siting a primary structure. All cut areas shall be screened with buildings, building walls or other screening treatments, as allowed by the sensitive lands committee, commission or city council, as applicable. All cut areas shall be included in the maximum limits of disturbance area.
(9) Topsoil Quality: All topsoil from any disturbed portion of the development site shall be preserved and utilized in revegetation. All fill soil shall be of a quality sufficient to support native plant growth.
(10) Subdivision Layout And Site And Building/Structure Design Requirements:
(a) Chapter 19 this title provides requirements for site and building design. The requirements of chapter 19 of this title shall apply to all land use application approvals, permits and licenses, including all use and subdivision application approvals and building permits for buildings or structures located in areas of steep, or very steep, slope.
(b) All provisions of chapter 19 of this title shall apply, as applicable, but specifically the color of all exterior building materials and surfaces shall blend new buildings with the natural environment. Exterior building colors that respect and enhance the natural tones of the southern Utah environment shall be used. All wall extensions from buildings, and walls and fences, shall be the same or similar color, as the main building. The light reflective value (LRV) of materials used on all exterior walls and roof areas shall be between seven (7) (darkest value of shaded vegetation) and thirty eight (38) (approximate value of red sandstone and soil in the city). Generally, the more visible the structure, the lower its LRV should be. The strength, intensity and brightness of the color selected (chroma) shall be in the range from very weak (grayish) to medium weak (neutral or earth tone). Strong chroma colors should be avoided. Stains, flat paints and matte finishes are required. High gloss paints, factory finished metals or other materials which increase visual impacts are not permitted. Chimneys, flues, vents, gutters, downspouts, mechanical and electrical equipment, railings, window shading devices and other exterior devices shall be similar in LRV and chroma to the surrounding surfaces of the building.
(11) Lighting: All street lighting, if required, shall be fully shielded and hooded and be unobtrusive in design and color. All exterior building lighting shall be shielded and hooded so no light source is visible from adjacent properties. All lighting shall be in compliance with the current Ivins City outdoor lighting ordinance, title 14, chapter 10 of this code.
(12) Additional Off Street Parking: In addition to the off street parking requirements provided by chapter 20 of this title, additional off street parking may be required or recommended by the sensitive lands committee, commission or city council, sufficient to protect public safety vehicle access. For any dwelling, a minimum of four (4) off street parking spaces shall be provided.
(13) Retaining Walls And Fences:
(a) The location of all retaining walls and fences, identifying proposed height, materials and colors, shall be shown.
(b) All walls and fences shall be located within the maximum limits of disturbance area for each lot.
(c) No retaining walls shall be used in association with any fill areas or fill slopes. All fill slopes shall be recontoured to the natural, varied contour of surrounding terrain with a maximum tapered slope back to natural grade of not greater than two to one (2:1).
(d) Retaining walls shall only be used to minimize areas of cut slopes.
(e) No retaining wall shall exceed three feet (3') in height, measured from the adjacent natural or finished grade, whichever is lower.
(f) Retaining walls shall not be terraced or stacked in any manner that increases the height of any retaining wall, or series of retaining walls, to a height greater than three feet (3') from the adjacent natural or finished grade, whichever is lower.
(g) Retaining walls shall be constructed of materials or be finished to blend the wall with the surrounding landscape colors and features. All exposed portions of any retaining walls shall be treated and finished and be a color so that no untreated concrete, concrete block or similar materials are visible.
(14) Transition Areas: For projects located in areas that transition from areas with slopes less than eight percent (8%) to areas greater than or equal to eight percent (8%). A transition area shall be defined as the area within the slope of the first twenty five feet (25') of vertical rise in residential areas and the first thirty five feet (35') of vertical rise in commercial areas. See figure 8-113 of this section for illustration.
(a) Transition areas shall be exempted from the slope restrictions of the sensitive lands ordinance except for building/structure height which shall be restricted by an interpolated building height envelope that will transition from the nonsensitive lands zone through the transition area as illustrated in figure 8-11 of this section.
(15) Management Recommendations: The sensitive lands committee, commission or city council may request recommendations from any local, state or federal agency, or other professionals, prior to deciding a land use application for any required approval, permit or license. (Ord. 2014-08, 2014; amd. Ord. 2023-26, 2023)
16.08.214: SENSITIVE LANDS PROTECTION REGULATIONS; SLOPES, NONRESIDENTIAL AND MEDIUM TO HIGH DENSITY RESIDENTIAL:
To protect and preserve the natural beauty of the city, to avoid unnecessary excavation and grading, to preserve naturally occurring landscape features, to protect the visual quality, character and view amenities of the city, the following requirements and standards are provided for nonresidential and medium to high density residential zoned areas determined to have a slope equal to, or greater than twelve percent (12%) as previously defined in this chapter.
(2) Maximum Street Grade: The maximum grade of any street or road shall be twelve percent (12%).
(5) Maximum Limits Of Disturbance: Nonresidential (i.e., commercial and industrial) or medium to high density residential lots shall identify areas where slopes are greater than twelve percent (12%) based on the predominant slope of hillsides that have a vertical rise greater than thirty feet (30') as previously defined in this chapter. No more than thirty percent (30%) of these areas shall be disturbed by building/structure construction, grading or placement of impervious surfaces.
(6) Maximum Building/Structure Height: The maximum height of all primary buildings or structures shall not exceed twenty six feet (26') above the natural or finished grade, whichever is lower. Special exceptions may be allowed per chapter 28 of this title. (Ord. 2014-08, 2014; amd. Ord. 2023-26, 2023)
16.08.215: SENSITIVE LANDS PROTECTION REGULATIONS: RIDGELINES:
The purpose of this subsection is to ensure all development and construction occurring near significant ridgelines blend with the natural topography.
(1) Class A Ridgeline Protection of Landhill: As shown on Figure 8-12
, no building or structure shall be permitted within any area identified within one hundred (100) vertical feet of the Class A Ridgeline of Landhill, as identified by the city sensitive lands map.
The finished floor elevation of all buildings/structures shall be established at least 100 feet below the Landhill ridgeline.
(2) Class B Ridgeline Protection of Interior City Bluff: As identified on the city sensitive lands map, no permanent building or structure shall be permitted within seventy five (75) horizontal feet of any interior city bluff ridgeline without a slope stability analysis performed by a qualified geotechnical engineer of the adjacent slope as defined in this chapter and identified by the city ridgelines map, and no building or structure within one hundred fifty (150) horizontal feet of the ridgeline shall rise above a projected sightline originating at the ridgeline point and projected vertically six feet (6') and then at a twelve percent (12%) slope away from the ridgeline and very steep slope. See Figure 8-13.
(a) Berming on the ridgeline is allowed to raise the site line by a maximum of four feet (4') on an individual parcel greater than five (5) acres or as a subdivision improvement when the subdivision is greater than five (5) acres.
(i) Any fills or berming on a ridgeline shall comply with strict landscaping requirements such that the fill or berming is not visible from public viewpoints.
(ii) The berming shall be no steeper than a 3:1 slope.
(iii) The landscaping shall match native landscaping, with the exception that trees and bushes may be planted to enhance vegetative screening.
(iv) Soil material used for the fill or berming shall match in color and texture the native surroundings.
(v) No part of the berm shall be closer to the defined ridgeline than twenty feet (20').
(b) Privacy fencing shall be set back from the defined ridgeline a minimum of twenty feet (20').
(3) Class C Ridgeline Protection Of Interior City Bluff: There shall be no disturbance of a Class C Ridgeline within twenty feet (20') either side unless there is roadway required by the master plan or to provide for city required connectivity for which cases disturbance shall be minimized. (Ord. 2023-26, 2023)
16.08.216: SENSITIVE LANDS DEVELOPMENT RIGHTS:
The development rights, applicable to "sensitive lands" areas, as defined herein, are provided and identified by table 8-4
of this section. The allowed development rights for a sensitive land area are dependent on:
(1) The nature and type of sensitive lands areas determined to exist on the development site; and
(2) Whether an applicant for an approval, permit or license proposes construction or development on any sensitive land area, identified as "sensitive land development rights" by table 8-4
of this section, or proposes to transfer available development rights to another area of the development site, located outside of any sensitive lands areas, determined by a sensitive lands determination and inventory, identified as "transferable sensitive land development rights" (table 8-4
of this section).
Sensitive Land | Column A Sensitive Land Development Rights | Column B Transferable Sensitive Land Development Rights |
Sensitive Land | Column A Sensitive Land Development Rights | Column B Transferable Sensitive Land Development Rights |
Areas subject to flooding, as identified by the city sensitive lands map | 20 percent of density allowed by the base district | 40 percent of density allowed by the base district, plus any density incentives that may apply through a planned development overlay district (PD) and approved planned development project plan |
Areas of wetlands, as identified by the city sensitive lands map, or as may be identified by the U.S. Army Corps of Engineers | 20 percent of density allowed by the base district | 40 percent of density allowed by the base district, plus any density incentives that may apply through a planned development overlay district (PD) and approved planned development project plan |
Areas of slope less than 8 percent | 100 percent of density allowed by the base district | 100 percent of density allowed by the base district, plus any density incentives that may apply through a planned development overlay district (PD) and approved planned development project plan |
Areas of slope equal to 8 percent, but less than 10 percent | 75 percent of density allowed by the base district | 80 percent of density allowed by the base district, plus any density incentives that may apply through a planned development overlay district (PD) and approved planned development project plan |
Areas of slope equal to 10 percent, but less than 12 percent | 55 percent of the density allowed by the base district | 65 percent of density allowed by the base district, plus any density incentives that may apply through a planned development overlay district (PD) and approved planned development project plan |
Areas of slope equal to 12 percent, but less than 14 percent | 35 percent of the density allowed by the base district | 50 percent of density allowed by the base district, plus any density incentives that may apply through a planned development overlay district (PD) and approved planned development project plan |
Areas of slope equal to 14 percent, but less than 15 percent | 15 percent of the density allowed by the base district | 35 percent of density allowed by the base district, plus any density incentives that may apply through a planned development overlay district (PD) and approved planned development project plan |
Areas of slope greater than 15 percent | 5 percent of the density allowed by the base district | 30 percent of density allowed by the base district, plus any density incentives that may apply through a planned development overlay district (PD) and approved planned development project plan |
Areas within 100 vertical feet of a ridgeline, as identified on the city ridgelines sensitive lands map | 5 percent of density allowed by the base district | 30 percent of density allowed by the base district, plus any density incentives that may apply through a planned development overlay district (PD) and approved planned development project plan |
Habitat conservation plan areas, as identified by the city sensitive lands map | 20 percent of density allowed by the base district or in compliance with an approved habitat conservation plan | 40 percent of density allowed by the base district, plus any density incentives that may apply through a planned development overlay district (PD) and approved planned development project plan or in compliance with an approved habitat conservation plan |
Areas of lava fields and rock outcroppings with an area of 8,000 square feet, or larger, as identified by the city sensitive lands map | The density allowed by the base district shall apply when a minimum of 30 percent of the lava area remains undisturbed and provided at locations to provide access and views, otherwise 5 percent of the density allowed by the base district | The density allowed by the base district shall apply when a minimum of 30 percent of the lava area remains undisturbed and provided at locations to provide access and views, plus any density incentives that may apply through a planned development overlay district (PD) and approved planned development project plan, otherwise 5 percent of the density allowed by the base district |
Areas of known geologic hazard, as identified by the city sensitive lands map, or as may be identified by a county, state or federal agency | 5 percent of density allowed by the base district | 30 percent of density allowed by the base district, plus any density incentives that may apply through a planned development overlay district (PD) and approved planned development project plan |
(Ord. 2014-08, 2014; amd. Ord. 2023-26, 2023)
16.08.217: CONSTRUCTION OR DEVELOPMENT PROJECTS PROPOSED ON SENSITIVE LANDS:
In addition to the other requirements of this chapter, the following requirements shall apply to all land use applications for any approval, permit or license required by this title, and proposing construction or development on any sensitive lands areas, as identified by the sensitive lands determination and inventory:
(1) Unless previously provided for by the provisions of an approved habitat conservation plan, a land use application for any approval, permit or license, proposing construction or development on any sensitive lands areas, shall be accompanied by an environmental and development suitability analysis, including necessary text and map materials, as may be required, performed by qualified professionals, sufficient to identify:
(a) All adverse impacts to the natural condition of the site and all adverse visual or environmental impacts to adjoining properties or the public interest because of the proposed construction or development. Impacts to soil and slope stability, visual character of slopes, flooding potential, wetlands loss, erosion potential, proposed site grading and cut and fill slopes, vegetation and wildlife habitat loss shall be identified.
(b) The areas determined to be the most suitable for construction or development that create the least impacts to sensitive lands, including the minimization of adverse visual or environmental impacts to adjoining properties or the public interest will be identified.
(c) All best management practices, mitigation actions and strategies proposed to minimize any construction or development related on site or off site sensitive land impacts.
(2) The maximum density allowed for any development or subdivision project proposed on any sensitive lands areas shall comply with the density requirements of section 6.08.213, table 8-4
, column A, "Sensitive Land Development Rights", of this chapter, as applicable.
(3) Compliance with all requirements of the zoning district in which the subject property is located, including any overlay districts, unless modified by the requirements of this chapter. (Ord. 2014-08, 2014; amd. Ord. 2023-26, 2023)
16.08.218: TRANSFER OF SENSITIVE LANDS DEVELOPMENT RIGHTS:
In addition to the other requirements of this chapter, the following requirements shall apply to all land use applications for any approval, permit or license required by this title, and proposing the transfer of development rights available to any sensitive lands areas to other areas on the development site, outside of any sensitive lands areas, as identified by the sensitive lands determination and inventory:
(1) A land use application for any approval, permit or license proposing the transfer of development rights available to any sensitive lands areas to other areas on the development site, shall be accompanied by an environmental and development suitability analysis, including necessary text and map material, as may be required, performed by qualified professionals, sufficient to identify:
(a) All adverse impacts to the natural condition of the site and all adverse visual or environmental impacts to adjoining properties or the public interest because of the proposed construction or development. Impacts to soil and slope stability, visual character of slopes, flooding potential, wetlands loss, erosion potential, proposed site grading and cut and fill slopes, vegetation and wildlife habitat loss shall be identified.
(b) The areas determined to be the most suitable for construction or development that create the least impact to sensitive lands, including the minimization of adverse visual or environmental impacts to adjoining properties or the public interest will be identified.
(c) All best management practices, mitigation actions and strategies proposed to minimize any construction or development related on site or off site sensitive land impacts.
(2) The maximum density allowed for any development or subdivision project that proposes to transfer development rights available to a sensitive lands area (section 16.08.213, table 8-4
, column A, of this chapter) to another area of the development site, located outside of any sensitive lands areas, determined by a sensitive lands determination and inventory, shall comply with the density requirements of section 16.08.213, table 8-4, column B, "Transferable Sensitive Land Development Rights", of this chapter, as applicable.
(3) Compliance with all requirements of the zoning district in which the subject property is located, unless modified or changed by the requirements of this section or the requirements of the planned development overlay district (PD) or planned development project plan, as applicable. (Ord. 2014-08, 2014; amd. Ord. 2023-26, 2023)
16.08.219: ON SITE TRANSFER OF DEVELOPMENT RIGHTS; APPLICATION TO ESTABLISH PLANNED DEVELOPMENT OVERLAY DISTRICT (PD) REQUIRED:
(1) A land use application for any approval, permit or license required by this title, and proposing the transfer of development rights, shall be accompanied by a zoning districts map amendment application to establish a planned development overlay district (PD).
(2) An application to establish a planned development overlay district (PD) shall be approved by the city council, following the receipt of a sensitive lands committee and commission recommendation, prior to any approval, permit or license authorizing any transfer of sensitive land development rights. A planned development project plan and development agreement shall be approved by the city council concurrent with the approval of a zoning districts map amendment application to establish a planned development overlay district (PD). (Ord. 2014-08, 2014; amd. Ord. 2023-26, 2023)
16.08.220: OPEN SPACE AREAS:
All matters related to open space use regulations, open space design standards, permanent open space protections and open space ownership and maintenance options shall be governed by the requirements and provisions of the planned development overlay district (PD), as provided by sections 16.07.417
through 16.07.421
of this title. (Ord. 2014-08, 2014; amd. Ord. 2023-26, 2023)
Once approved by the city council, the planned development layout plan and development agreement shall be controlling for all required future approvals, permits and licenses, including, but not limited to, the submission and approval of use and subdivision applications, and any additional procedural requirements set forth in this chapter, this title and all other applicable land use ordinances. Any amendments to an existing approval, permit or license shall be considered and approved by following the procedure required for original approval. (Ord. 2014-08, 2014; amd. Ord. 2023-26, 2023)
16.08.222: BENEFICIAL USE OF PROPERTY:
16.08.223: REASONABLE USE OF PROPERTY:
If an applicant for any approval, permit or license required by this title demonstrates that application of the requirements of this chapter would deny all reasonable use of the subject property, the city council may modify the application of these requirements to the extent necessary to provide a reasonable use of the subject property. (Ord. 2014-08, 2014; amd. Ord. 2023-26, 2023)