17.57.030 Applicability of provisions.
1. The maps showing those foothill areas which are included in the Hillside protection zone are attached to the ordinance codified in this chapter and are on file with the city planning commission. Such maps are a part of this title as if fully described and detailed herein.
2. The Hillside protection zone requirements shall also be applicable to residential development of all parcels and lots located in the city having an average slope in excess of twenty (20) percent, as defined in this chapter.
3. Request for exemption or relief. An applicant may submit a request to exempt a lot or parcel that would otherwise be subject to this Chapter under subsection 2 above or seek relief, in whole or in part, from specific provisions of this Chapter as follows.
a. The applicant provides a statement containing the proposal and an explanation of the conditions unique to the lot or parcel which provide sufficient cause for the City to grant exception or relief.
b. If seeking relief from specific provisions of this Chapter, the applicant identifies the specific provisions from which he or she is seeking relief, and the degree to which he or she is seeking relief for each.
c. The applicant provides a site plan showing the following:
i. Proposed improvements to the lot or parcel in sufficient detail to evaluate the proposal;
ii. Pre-development contours with areas of 30% and 40% slope shown; and
iii. Existing contours, if they differ from pre-development contours.
d. The applicant provides a report prepared by a geotechnical engineer licensed in the State of Utah containing the following:
i. The same site plan that was submitted by the applicant;
ii. A detailed analysis and discussion of the possible impacts of the applicant’s proposal on slope stability, erosion, drainage, and other relevant engineering considerations (during construction, short term, and long term). If the applicant is seeking relief from specific provisions of this Chapter, the analysis and discussion shall address each point on which the applicant is seeking relief;
iii. Specific measures recommended by the geotechnical engineer to mitigate the impacts of the proposal; and
iv. The geotechnical engineer’s opinion as to the effects of the applicant’s proposal on the health, safety, and welfare of the general public and nearby residents, and on safety of property and improvements in the area.
4. Granting exemption or relief. The Planning Commission may grant the requested exemption or relief if:
a. The City Engineer reviews the geotechnical engineer’s report and takes no exception to it; and
b. The Planning Commission finds that granting the requested exemption(s) or relief will not be injurious to the health, safety, and welfare of the general public or nearby residents, will not create an undue hazard to property and improvements, and will be consistent with the purposes of this Chapter identified in Section 17.57.010 above.
5. When an exemption is granted under this section, the City shall record a document describing the granted exemption with the Utah County Recorder’s Office to provide notice of the exemption to interested parties. (Ord. 2015-10, amended, 2015)