§ 6.1022. Exemptions and exceptions.

A.

The ESL regulations shall apply to all public or private development projects within the ESL district, except as provided in Sections 6.1022B. and 6.1023, exemptions. In the event of a conflict between the ESL regulations and any other provision of the Zoning Ordinance, the ESL regulations shall prevail.

B.

New construction shall comply with the requirements of this Ordinance except for development approved prior to May 21, 2004 as shown on the ESLO exemptions schedule below:

ESLO EXEMPTIONS SCHEDULE - SPECIFIC DEVELOPMENT STANDARD ₍₂₎

Stage of development as of May 21, 2004		Selection of NAOS & 50 cfs wash protection	Building Height (24 feet) for Single-family Residential (R-1) Districts	Subdivision Perimeter Walls	Individual Lot Walls (lots zoned R1-35 or larger)	Construction Envelopes	Paint LRV
	1) No approved plans	Not Exempt	Not Exempt	Not Exempt	Not Exempt	Not Exempt	Not Exempt
	2) Approved rezoning with amended development standards	Exempt if addressed in amended standards	Exempt if addressed in amended standards	Exempt if addressed in amended standards	Exempt if addressed in amended standards	Not Exempt	Not Exempt
	3) Approved Masterplan Development (1)	Exempt	Exempt	Exempt if addressed in the Master Plan	Exempt	Exempt	Exempt
	4) Approved residential Preliminary Plat	Exempt	Exempt if addressed in plat approval	Exempt if addressed in Plat Approval	Exempt if addressed in plat approval	Not Exempt	Not Exempt
	5) DRB Approval (other than single-family residential)	Exempt	N/A	N/A	N/A	Not Exempt	Not Exempt
	6) Approved Final Plat	Exempt	Exempt	Exempt if addressed in Plat Approval	Exempt if addressed in plat approval	Not Exempt	Not Exempt
	7) Rezoning and Development under Hillside District	Exempt	Exempt	Exempt	Exempt	Exempt	Exempt
	8) Building Permit	Exempt	Exempt	Exempt	Exempt	Exempt	Exempt

 

Notes:

₁₎  Masterplan Development is: At least eighty (80) acres in area, and a) contains at least two (2) zoning districts, and/or b) contains at least two (2) phases.

₂₎  Development Agreements control when they are in conflict with Zoning Ordinance standards.

C.

Development exempted by Section 6.1022.B shall comply with the standards and processes applicable to the development at the date of such approval. New applications for exempted properties are strongly encouraged to follow as closely as feasible the most recent ESL standards.

D.

Hardship/exemption provisions—Upon an application by a property owner claiming that the application of an ESL amendment causes hardship, City Council may allow a property to develop under a previously adopted requirement of ESL, upon findings that:

1.

A substantial hardship is demonstrated that would significantly reduce the ability to use a parcel(s),

2.

The exception will be consistent with the intent and purpose of the Environmentally Sensitive Lands Ordinance, and

3.

The application of the new ESL standards would not achieve significant benefit for the protection of the environment and the community.

(Ord. No. 3395, § 1, 12-11-01; Ord. No. 3540, § 1(Exh. 1), 4-20-04; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § § 148, 149), 5-6-14)