The purpose of the Development Hazard Overlay designation (DH) is to identify areas within the existing and newly annexed portions of the city characterized by development limitations and/or groundwater pollution hazards due to unstable soils as defined in this chapter. This designation applies to areas of restrictive foundation soils and groundwater pollution hazards identified in Figure 12 of the Comprehensive Plan.
(Ord. 1840, passed 22894)
In areas contained within the DH overlay, developers must comply to the following conditions in addition to those imposed by the underlying zoning. These include:
(A) Prior to the development of lots containing cemented hardpan, the city shall require a registered engineer's assessment of the design and structural techniques needed to mitigate potential hazards. In the event there are inadequate mitigation measures, the city shall prohibit development.
(B) In the case of an existing or potential groundwater pollution threat, the city shall prohibit the outdoor storage of hazardous chemicals and underground storage of gasoline and diesel fuels.
(C) Any additional requirements/prohibitions necessary to mitigate groundwater pollution problems shall be developed in conjunction with the department of Environmental Quality and Water Resources.
(D) At the discretion of the Planning Commission, an applicant whose property is located in the DH overlay area may obtain an exemption from divisions (A) through (C) above if he can demonstrate the proposed development is not constrained by development limitations and/or will not contribute to potential groundwater pollution. To obtain an exemption, the applicant must present documentation to this effect prepared by a registered engineer.
(Ord. 1840, passed 22894)