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Klamath Falls City Zoning Code

ARTICLE 16

HAZARD OVERLAY ZONE

§ 12.541 Purpose.

The purpose of the Hazard Overlay Zone is to minimize the potential for loss of life and damage to or destruction of property in sloped areas where severe soil erosion, slumping or sliding may occur.
(Ord. 17-10, 2017; Ord. 22-13, 2022)

§ 12.542 Zone boundaries.

The provisions of this article (Hazard Overlay Zone), shall apply to all areas of special hazards, as identified by the nonbuildable lands inventory map in the Comprehensive Plan.
(Ord. 17-10, 2017; Ord. 22-13, 2022)

§ 12.543 Compliance.

No structure shall be constructed, located, extended, or altered and no land shall be developed within a Hazard Overlay Zone without full compliance with this article and all applicable provisions of Chapters 10 to 14 and all other applicable laws and ordinances.
(Ord. 17-10, 2017; Ord. 22-13, 2022)

§ 12.544 Uses permitted.

All uses permitted in the base zone are permitted without further restriction by the Hazard Overlay Zone, except that all such uses must be approved by the Director pursuant to provisions set forth in Chapter 11, Article 4 (Conditional Use Permit).
(Ord. 17-10, 2017; Ord. 22-13, 2022)

§ 12.545 Development standards.

In addition to the approval criteria in Section 11.105 and conditions of approval in Section 11.110, the following development standards apply in the Hazard Overlay Zone:
A. 
All development shall be serviced by the City's wastewater collection system.
B. 
No development shall be allowed which may result in unusually high maintenance costs of streets and parking areas, or the breaking and leaking of utility or sewage lines, due to soil limitations, slope stability, shrink-swell potential or other similar conditions.
C. 
Development shall be permitted only in such a manner that the maximum number of trees shall be preserved. No trees may be cut except those occupying the actual physical space in which a structure is to be placed or erected. Development shall be conducted in such a manner that the understory and duff (the surface layer of a forest floor, consisting of partly decomposed leaves and twigs) are preserved and in no event shall the development reduce the existing crown cover more than 50%. Prior to the granting of site approval, it shall be the duty of the developer to demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site. If trees are cut, the developer shall restore the density of trees to that which existed before development, utilizing nursery stock of a size and type acceptable to the Director as suitable for the purpose, but in no case shall the developer be compelled to raise the density above 50 trees per acre.
D. 
Development, including grading and contouring, shall take place in such a manner that the aeration of the tree root zone and the stability of existing trees shall remain substantially the same. Development shall also provide existing trees with a natural watering area equal to the dripline of mature crown.
E. 
Development of the site shall meet the grading and erosion control standards established in the Public Works Engineering Design Standards. Development shall also meet applicable State and Federal regulations related to erosion control and protection of water quality. The City may require the Developer to submit evidence that applicable permits have been obtained.
F. 
Development shall meet the requirements of the Public Works Engineering Design Standards for design of a storm water drainage system.
(Ord. 17-10, 2017; Ord. 22-13, 2022)