Chapter 17.63
RIDGELINE PROTECTION OVERLAY ZONE
Sections:
17.63.040 Land use regulations.
17.63.050 Ridgeline development standards.
17.63.010 Purpose.
The purpose of this chapter is to establish the ridgeline protection overlay zone and related regulations in order to protect significant ridgelines from development that may result in hazardous conditions, reduced quality of life, and the visual scarring of important natural features. [Ord. O-03-2021 § 2 (Exh. A)].
17.63.020 Definitions.
A. “Ridge” means a relatively narrow elevation that is prominent because of the steep angle at which it rises; an elongated crest, or series of crests, with or without individual peaks, significantly higher than the adjoining ground.
B. “Prominent ridge” means a ridge location that is seen as a distinct and important feature in the natural environment. Prominent ridges are designated in the map of prominent ridges found in this chapter.
C. “Close proximity to prominent ridge” means any real estate that is directly adjacent to, and/or is reasonably understood to impact and/or affect, a prominent ridge either physically or visually.
D. “Ridgeline setback” means any area within 50 vertical feet of a prominent ridge.
E. “Significant buildable property” means at least 8,000 square feet of contiguous property with an average (pre-grading) slope of less than 25 percent accessible by a public street that meets all applicable development standards. [Ord. O-03-2021 § 2 (Exh. A)].
17.63.030 Applicability.
The provisions of this chapter shall apply to all lands in the city which contain or lie in close proximity to any areas designated as a prominent ridge within this chapter. The standards found in this chapter are in addition to any other applicable standards found within the city code. In the case of conflict between these standards and other applicable standards, the more restrictive provisions shall apply.
A ridgeline protection overlay zone shall be established pursuant to the procedures of rezoning property, as provided by Chapter 17.90 EMMC, and based on the criteria as outlined in EMMC 17.63.040. The overlay zone shall be applied to property that contains or lies in close proximity to designated prominent ridges.
A. Partial Coverage. If a property is located both inside and outside of the ridgeline protection overlay zone, the standards, requirements, and procedure of this chapter shall only apply to the portion of the property that is located inside the overlay zone. [Ord. O-03-2021 § 2 (Exh. A)].
17.63.040 Land use regulations.
The land use regulations shall be those of the underlining zoning with which the ridgeline protection overlay zone is combined, unless modified by the overlay zone. [Ord. O-03-2021 § 2 (Exh. A)].
17.63.050 Ridgeline development standards.
The following are standards that apply to all developments in the ridgeline protection overlay zone:
A. Ridgeline Preservation. Property within 50 vertical feet of prominent ridges may be included within private lots; however, such property shall be deemed unbuildable, and shall provide a public pedestrian easement to the city for the purpose of creating an integrated and connected system of ridgeline trails, which tie into neighboring development.
No structure, accessory structure, or ancillary structure may be built within the ridgeline setback area, with the exception of public infrastructure, public lookout towers, benches, or other public viewpoint or recreation structures. No cuts, fills, clearing, or grading shall occur within the ridgeline setback, except for public trails, structures, and infrastructure. Development within the ridgeline protection overlay zone shall comply with ridgeline design standards found within this chapter.
B. Open Space Credit/Density Transfer.
1. Developer may be awarded amenity points for public trails, observation structures, and other passive recreation improvements built within the ridgeline protection overlay zone as approved by the city.
2. Developer may be granted credit for improved open space area for significant buildable property made unbuildable by this code as approved on a case-by-case basis by the city council.
3. Developer may transfer density from the ridgeline protection overlay zone to other areas within a project or development in the case where significant buildable property is made unbuildable by this code, as approved on a case-by-case basis by the city council.
C. Existing Lots. If any portion of a lot in an existing subdivision falls within a ridgeline setback, contains a prominent ridgeline, or is in close proximity to a prominent ridge, every effort must be made to place all development on the most suitable portion of the lot. All disturbance and development shall stay out of the ridgeline setback to the maximum extent possible.
D. Hillside Site Development. All development shall comply with the standards found in Chapter 15.80 EMMC, Hillside Site Development.
E. Ridgeline Design Standards.
1. Building Materials. Reflective metals/materials and highly contrasting colors to the natural landscaping and geology are discouraged.
2. Landscape Screening. Natural landscaping and plantings shall be utilized to screen development from public rights-of-way, where possible.
3. Height Restrictions. No roofline in close proximity to a prominent ridge shall be within 15 feet of an adjacent prominent ridge.
4. Structural Design. The planning commission may require staff to approve structural design to avoid significant adverse visual impacts so that building form reflects hillside form/setting. Structural design may include: height, bulk, size, foundation, siting, and landscaping.
Building form reflects hillside form/setting.
[Ord. O-03-2021 § 2 (Exh. A)].
17.63.060 Exceptions.
The Eagle Mountain City planning commission may recommend and the city council may grant specific and limited exceptions to these standards for properties where one or more of the following limitations apply:
A. A new structure or addition is proposed within an approved and platted development, approved prior to the adoption of the ordinance codified in this chapter, where the following is found:
1. There are no feasible building sites on the parcel that avoid ridgeline development.
2. The development will avoid significant adverse visual impacts due to modifications in structural design, including: height, bulk, size, foundation, siting, and landscaping.
3. Where the planning commission and city council find that an applicant has a unique circumstance or equitable claim which makes strict enforcement of the provisions of this title unduly burdensome, it may, after a public hearing, approve a special exception to the zoning provisions of this title so that substantial justice may be done and the public interest secured; provided, that the special exception does not have the effect of nullifying the intent and purpose of this title or the general plan and is not detrimental to the public health, safety, and welfare.
B. Where the planning commission and city council find that a proposed development plan is well thought out, sensitive to ridgelines, and meets the intent of the code to protect prominent ridgelines from harmful development, while providing for integrated pedestrian connectivity. [Ord. O-03-2021 § 2 (Exh. A)].