Title 18 - Unified Development Ordinance

18.365.030 Scope.

No land shall be disturbed nor structure built, located, converted or altered without full compliance with this Chapter unless development occurs as allowed by the following exceptions:

1. A.
   A preliminary plan or plat was approved prior to October 7, 2002, and the preliminary plan or plat shows elimination of all streams and all natural drainageways through the construction of a concrete piped storm sewer system or concrete ditch liner.
2. B.
   Revisions to an approved preliminary plan or plat specified in Section 18.365.030.A above which retain the storm sewer system specified in Section 18.365.030.A throughout the entire project.
3. C.
   A preliminary plan or plat was approved prior to October 7, 2002 and the City Council granted a variance from constructing an enclosed storm sewer system or concrete ditch liner prior to October 7, 2003. Revisions to the plan that was the basis of the variance will continue to qualify for an exemption from this Chapter only when both the following conditions are met:

   1. 1.
      the revisions do not constitute a “substantial or significant change” as defined by Section 18.140.200; and
   2. 2.
      paved surfaces and structures are no closer to streamways than shown on the approved plan or plat.
4. D.
   For land immediately adjacent to a stream or natural drainageway which has a drainage area in excess of 1500 acres and is within a preliminary plan or plat approved prior to October 7, 2002, the following conditions apply:

   1. 1.
      if revisions that do not constitute a “substantial or significant change” as defined by Section 18.140.200 are proposed, then such development is exempt from this Chapter only if paved surfaces and structures are no closer to streamways than shown on the preliminary plan or plat approved prior to October 7, 2002; and
   2. 2.
      if revisions are proposed to a plan or plat approved prior to October 7, 2002, and the revisions constitute a “substantial or significant change” as outlined by Section 18.140.200, the revised plan or plat no longer qualifies for an exemption from this Chapter.

(History: Ord. ZRR-2675 §7, 2008; ZRR-2382 §1, 2002)

Effective on: 1/1/1901