1.03.02   Specific Findings Relating to the Various Subject Areas of this Code
With regard to the following specific subject areas of this Code, the City Council finds:
   A.   Administration and Enforcement
      1.   A single set of administrative procedures for making all land use decisions promotes efficiency, predictability, and citizen participation.
      2.   All development proposals should undergo a development review process to assure compliance with the requirements of this Code.
      3.   All administrative decisions should be supported by a record with written findings to assure accountability and efficient appellate review.
      4.   A quick, efficient, and non-political avenue of appeal should be available for all ministerial and administrative decisions.
      5.   Enforcement of development orders and the provisions of this Code should be through procedures that are efficient, effective and consistent with the code enforcement procedures established by state law.
   B.   Signs
      1.   The manner of the erection, location, and maintenance of signs affects the public health, safety, morals, and welfare of the people of this community.
      2.   The safety of motorists, cyclists, pedestrians, other users of the public streets is affected by the number, size, location, lighting, and movement of signs that divert the attention of drivers.
      3.   The size and location of signs may, if uncontrolled, constitute an obstacle to effective fire-fighting techniques.
      4.   The construction, erection, and maintenance of large signs suspended from or placed on the tops of buildings, walls, or other structures may constitute a direct danger to pedestrian and vehicular traffic below, especially during periods of strong winds.
      5.   Uncontrolled and unlimited signs may degrade the aesthetic attractiveness of the natural and manmade attributes of the community and thereby undermine the economic values of tourism, visitation, and permanent economic growth.
   C.   Landscaping and Tree Protection
      1.   Landscaping and buffering development with trees and other vegetation promotes the health, safety and welfare of the community to such an extent as to justify the imposition of landscaping and buffering requirements.
      2.   Trees and landscaping benefit the community by:
         a.   Absorbing carbon dioxide and returning oxygen to the atmosphere;
         b.   Precipitating dust and other particulates from the air;
         c.   Providing wildlife habitat, particularly for birds which in turn help control insects;
         d.   Providing soil stabilization which reduces erosion and mitigates the effect of flooding;
         e.   Providing shade which reduces energy consumption and glare, making outdoor areas more comfortable during the warm months;
         f.   Making the built environment more attractive by adding a variety of color, shape, and pattern and thus increasing community pride and the value of property;
         g.   Providing attractive buffering between incompatible land uses; and
         h.   Abating noise.
      3.   Because native vegetation is adapted to local diseases, pests, soil, and climate, it is generally more economical and desirable than exotic species which require more pesticide, fertilizer and water.
      4.   Exotic vegetation can crowd out native vegetation, use more water, and damage the environment from increased use of fertilizers and pesticides.
      5.   Because some trees are more beneficial than others, the public benefits of tree protection may be obtained without preserving each and every tree.
   D.   Off-Street Parking and Loading
      1.   Off-street parking and loading of vehicles promotes the public safety and welfare by reducing traffic congestion.
      2.   Well-designed off-street parking and loading areas promote the safe and efficient storage, loading, and circulation of vehicles.
      3.   Deferring the construction of some parking areas pending determination of the actual need for parking spaces, and taking into account public demand and the size of vehicles to be parked, conserves open space and developable land, and reduces the expense and hazard of controlling stormwater runoff.
      4.   Allowing the use of porous paving materials and unpaved parking areas whenever possible conserves water and energy, moderates the microclimate, and reduces the expense and hazards of controlling storm water runoff.
   E.   Stormwater Management
      1.   Increased stormwater runoff may cause erosion and pollution of ground and surface water with a variety of contaminants such as heavy metals and petroleum products.
      2.   Stormwater runoff often contains nutrients, such as phosphorus, and nitrogen, which adversely affect flora and fauna by accelerating eutrophication of receiving waters.
      3.   Erosion silts up water bodies, decreases their capacity to hold and transport water, interferes with navigation, and damages flora and fauna.
      4.   Installation of impervious surfaces increases the volume and rate of stormwater runoff and decreases groundwater recharge.
      5.   Improperly managed stormwater runoff increases the incidence and severity of flooding and endangers property and human life.
      6.   Improperly managed stormwater runoff alters the salinity of estuarine areas and diminishes their biological productivity.
      7.   Degradation of ground and surface waters imposes economic costs on the community.
      8.   Eighty to ninety-five percent of the total annual loading of most stormwater pollutants discharged into receiving waters are concentrated in the flush created by the first one inch of rainfall (“first flush”), and carried off-site in the first one-half inch of runoff.
      9.   Improperly managed stormwater adversely affects the drainage of off-site property.
   F.   Floodplain Protection
      1.   Flooding is a natural, recurring occurrence in the City.
      2.   Naturally flood-prone lands serve the following important functions in the regional hydrologic cycle and ecological system:
         a.   They provide natural storage and conveyance of flood waters.
         b.   They facilitate groundwater recharge.
         c.   They provide temporary storage of surface waters that moderates flood elevations and the timing, velocity, and rate of flood discharges.
         d.   Flooding of developed properties may lead to demands that the government construct expensive and environmentally damaging projects to control flood waters.
         e.   Normally flood-free lands are placed at risk of flooding when flood waters on natural flood-prone areas are obstructed, diverted, displaced, or channelized by development.
         f.   Water quality is degraded, the supply of freshwater to estuaries is disrupted and habitat is lost.
         g.   Property values are lowered and economic activity is disrupted by damaging floods.
   G.   Protection of Environmentally Sensitive Lands and Other Protected Natural Resources
      1.   Protection of environmentally sensitive lands and other natural resources promote the well being of the people of the City as described below and in the Conservation Element of the Comprehensive Plan.
      2.   Wetlands serve the following beneficial functions:
         a.   Wetlands provide natural storage and conveyance of flood waters and minimize erosion and sedimentation by reducing flood flows and the velocity of flood waters.
         b.   Coastal wetlands, and inland wetlands adjoining larger lakes and rivers, protect wildlife and the shoreline from destructive wave action.
         c.   Wetlands filter and help decompose sediments, nutrients, and other natural and man-made pollutants that would otherwise degrade surface and ground waters.
         d.   Wetlands support commercial and recreational fishing because they provide essential nutrients and hatcheries for aquatic life.
         e.   Wetlands provide habitat for rare and endangered species, and provide essential breeding and protective habitats for many other birds, mammals, and reptiles.
         f.   Wetlands recharge ground and surface water.
      3.   Shorelines serve the following beneficial functions:
         a.   Land adjoining waters or wetlands, which can generally be divided into submergent, transitional, and upland vegetation zones, provides essential habitat for many plant and animal species, including species that are endangered, threatened, or of special concern.
         b.   Submergent, transitional, and upland vegetation zones serve as effective buffers against noise and other human activities which may have adverse affects on aquatic and wetland dependent wildlife.
         c.   Submergent, transitional, and upland vegetation zones help slow stormwater runoff flows and increase infiltration of water, nutrients, and other substances.
         d.   Submergent, transitional, and upland vegetation zones reduce predation by domestic pets on wetland and wetland dependent wildlife species.
      4.   Federal and state regulations mandate the protection of endangered and threatened species.
      5.   Agricultural and development activities have destroyed or impaired the beneficial functions of many environmentally sensitive lands in the City.
      6.   Federal and state regulations do not adequately protect environmentally sensitive lands, thus making local regulation necessary.
(Ord. 711, passed 2-5-2019)