14-4-101 PURPOSE AND OBJECTIVES

The Single-Family Residential Zone (R) is established to provide areas for single-family, detached dwellings on individual lots. Within the Single-Family Residential Zone are various subzones with individual criteria that have been created to address specific needs pertinent to the areas these subzones encompass. A. The Residential Foothill subzone is created to provide standards, guidelines, and criteria which permit reasonable development of private property while minimizing flooding, erosion, and other environmental hazards, and which protect the natural scenic character of the foothill areas, and which ensure the efficient expenditure of public funds. B. The goals to be achieved by the Residential Foothill subzone include but are not limited to the following: 1. The protection of the public from natural hazards of storm water runoff and erosion by requiring drainage facilities and the minimal removal of natural vegetation while still allowing reasonable use of the land. 2. The minimizing of the threat and damages of fire in foothill areas by establishing fire protection measures. 3. The preservation of natural features, wildlife habitat, and open space consistent with the provisions of this Title and State Law. 4. The preservation of legal public access to mountain areas, trails, and natural drainage channels. 5. The preservation and enhancement of visual and environmental quality by use of natural vegetation and the prohibition of excessive excavation and terracing. 6. The establishment of traffic circulation facilities that ensure ingress and egress for vehicles including emergency vehicles into all developed areas at any time of the year with minimal cuts, fills or visible scars. 7. The encouragement of a variety of a development designs and concepts which are compatible with the natural terrain of the foothill areas and which will preserve open space and natural landscape and that allow a reasonable use of the land. 8. The establishment of land use management criteria which will encourage protection of natural elements while allowing a harmonious and satisfying residential environment. 9. Encouragement of regard for the view of the foothills as well as a view from the foothills. 10. Public and individual personal safety. 11. To assure that the taxpayers of Bountiful are not burdened by extraordinary costs for services attributable solely to the development of hillside areas. C. Every subdivision, lot, or parcel within the Residential Foothill subzone shall be developed with as little disturbance to the natural ground, with the most harmony with natural conditions, and with the greatest conformity with the purposes and requirements of this Code, as possible under individual circumstances. It is the finding of the City that all possible circumstances, and the best means of dealing with them, cannot be anticipated in the preparation of these regulations. Therefore, the Land Use Authority may, unless expressly stated to the contrary in this chapter, grant a reasonable use exception to the provisions of this chapter to implement its purposes by modifying requirements in the R-F subzone as individual circumstances may merit subject to the criteria set forth below. The provisions set forth in this chapter regarding the R-F subzone shall be the standard, but when conditions merit a reasonable exception, discretion may be exercised, even where the term "shall" is used in the regulation, in accordance with such criteria. The following findings and conclusions may justify a reasonable exception and shall be included in the record of the proceedings. 1. The proposed development is located on a lot or parcel that was legally created. 2. There is no other reasonable use or feasible alternative to the proposed development with less impact on sensitive land areas including phasing or project implementation, change in timing of activities, setback or other variance, driveway relocation or placement of any structure. 3. The development cannot be located outside sensitive land areas due to topographic constraints of the parcel or size and/or location of the parcel in relation to the limits of sensitive land areas and a building setback, street width, or other possible variances have been reviewed, analyzed and rejected as feasible alternatives. 4. The proposed development does not pose a threat to the public health, safety, or welfare on or off the site, including degradation of groundwater or surface water quality, nor is it anticipated that it will damage nearby public or private property. 5. Any alteration of sensitive land areas is the minimum necessary to allow for reasonable use of the property; and the proposal reasonably mitigates impacts on sensitive land areas while still allowing reasonable use of the site. 6. The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant in unlawfully subdividing the property or adjusting a boundary line thereby creating the undevelopable condition after the effective date of this Title.