§ 152.074 PROTECTION OF COASTAL HEADLANDS; AREAS OF EXCEPTIONAL AESTHETIC RESOURCES.
   (A)   Application. This section’s standards shall apply to lands identified as coastal headlands and exceptional aesthetic resources found in the Comprehensive Plan inventory section entitled “open spaces, scenic and historic areas, and natural resources”, item f.
   (B)   Standards. Development in areas of exceptional aesthetic resources or coastal headlands shall substantially maintain the existing visual character of the areas. The visual character of the area is deemed to be substantially maintained if the following standards are met.
      (1)   For coastal headlands, coastal scenic areas, and the harbor area.
         (a) The coastal headlands remain in their natural state.
         (b)   The shorelands, cliffs, and immediate environs of the coastal scenic areas comply with the requirements of §§ 152.234 and 152.235 of this chapter, except that the “area of visual concern” for Whale Cove, Pirate’s Cove, and the designated faces of north and south points shall extend 40 feet rather than 25 feet landward from the top of the coastal bluff.
         (c)   In these same areas, the outer coverings of structures that will be visible from within the aesthetic resource area, including the roofing materials, are of natural wood materials or designed to look like natural wood materials or are painted or stained in subdued colors.
         (d)   Around the city harbor and adjacent park, developments are compatible with the existing character of the area and with the atmosphere of the harbor for boats, and are for water dependent uses.
         (e)   Lights from any development are shielded and directed downward so as not to illuminate or cause glare outside of their local area. External lighting on structures, streets, signage, or for other uses are restricted to low wattage ground lights less than 12 feet tall.
         (f)   All communication and utility lines and structures are either underground or not visible over or around a vegetative buffer.
         (g)   Where a permitted use of a lot existing prior to the establishment of this chapter would be precluded by strict adherence to these requirements, the applicant can ask for an exception to these standards if the applicant meets the following standards:
            1.   The request is the minimum necessary;
            2.   Disruption of the visual character of the area has been minimized; and
            3.   That options such as clustering of improvements, maximizing variance setbacks on the sides of the development away from the aesthetic resource, or other design methods to minimize impact have been exercised or are not feasible.
      (2)   For scenic view corridors.
         (a)   For the corridor along the west side of Highway 101 between Sunset Street and the bridge, the property owner, whether public or private, maintains vegetation pruned to not obstruct the view.
         (b)   Developments are to be designed to intrude into the view corridor the minimum necessary and at least 15 feet per 100 feet of frontage remains with an unobstructed view.
      (3)   For forested corridors.
         (a)   Trees six inches in diameter or greater at four feet above ground shall be retained within 40 feet either side of the Highway 101 right-of-way from South Point Street south to the city limits. This area may be considered part of the required common space provided in a planned development or land division.
         (b)   Trees within ten feet of a building may be removed providing the building meets all setback provisions. Trees may also be removed where ingress or egress to a development can only be achieved by access across the corridor. The accessway must be the minimum width allowable and designed to minimize the amount of intrusion along the corridor (such as, by alignment perpendicular to the highway).
         (c)   Within forested corridors, trees may be removed if determined to be unsafe by a registered, certified arborist. If trees are removed due to unsafe conditions, those areas shall be immediately replanted with trees that will reestablish the forested corridor.
      (4)   For forested hillsides.
         (a)   In any plan for a subdivision greater than three acres, specific measures are outlined to assure that at least 20% of the area with trees six inches or greater at four feet above ground shall be protected. These areas shall be mapped in the plan, and may be considered part of the required common space provided in a planned development.
         (b)   Where a permitted use of a lot existing prior to the establishment of this chapter would be precluded by strict adherence to these requirements, the development is the minimum necessary and the forested resource is maintained to the maximum extent possible.
(Ord. 256, passed 4-6-2004)