§ 1.04.00. Findings.

1.04.01

General findings.

(1)

Statutory requirement. F.S. ch. 163, requires each state local government to enact a single land development code which implements and is consistent with the local comprehensive plan, and which contains all land development regulations for the town.

(2)

General public need. Controlling the location, design and construction of development within the town is necessary to maintain and improve the quality of life in the town as more fully described in subsection 1.04.02 of this section.

1.04.02

Specific findings relating to the various subject areas of this Land Development Code. With regard to the following specific subject areas of this Land Development Code, the town council finds:

(1)

Administration and enforcement.

a.

A single set of administrative procedures for making all land use decisions promotes efficiency, predictability and citizen participation.

b.

All development proposals should undergo a development review process to ensure compliance with the requirements of this Land Development Code.

c.

A mandatory preapplication conference requirement enhances communication and understanding between the town and the developer thereby improving the efficiency of the development review process.

d.

Concept review allows developers to modify proposals in response to early citizen and staff comment.

e.

Developments of large potential impact on the community should go through a more rigorous review process than others.

f.

Review of planning decisions should be independent of review of land development decisions to avoid ad hoc planning on a site-by-site basis.

g.

All administrative decisions should be supported by a record with written findings to ensure accountability and efficient appellate review.

h.

A quick, efficient and nonpolitical avenue of appeal should be available for all ministerial and administrative decisions.

i.

Enforcement of development orders and the provisions of this Land Development Code should be through procedures that are efficient, effective and consistent with the code enforcement procedures established by state law.

j.

Regulation of building construction, remodeling and movement of structures can be more efficiently managed, supervised and inspected by the county and the county shall collect and retain all fees required. The town shall control all activities required by this Land Development Code and after approval of a development permit, forward the application to the county for further needed actions.

(2)

Signs.

a.

The manner of the erection, location and maintenance of signs affects the public health, safety, morals and welfare of the people of this community.

b.

The safety of motorists, cyclists, pedestrians and other users of the public streets is affected by the number, size, location, lighting and movement of signs that divert the attention of drivers.

c.

The size and location of signs may, if uncontrolled, constitute and obstacle to effective firefighting techniques.

d.

The construction, erection and maintenance of large signs suspended from or placed on the tops of buildings, walls of other structures may constitute a direct danger to pedestrian and vehicular traffic below, especially during periods of strong winds.

e.

Uncontrolled and unlimited signs may degrade the aesthetic attractiveness of the natural and manmade attributes of the community and thereby undermine the economic value of tourism, visitation and permanent economic growth.

(3)

Landscaping and tree protection.

a.

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.

b.

Trees and landscaping benefit the community by:

1.

Absorbing carbon dioxide and returning oxygen to the atmosphere;

2.

Precipitating dust and other particulates from the air;

3.

Providing wildlife habitat, particularly for birds which in turn help control insects;

4.

Providing soil stabilization which reduces erosion and mitigates the effect of flooding;

5.

Providing shade which reduces energy consumption and glare, and making outdoor areas more comfortable during the warm months;

6.

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;

7.

Providing attractive buffering between incompatible land uses; and

8.

Abating noise.

c.

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.

d.

Exotic vegetation can crowd out native vegetation, use more water and damage the environment from increased use of fertilizers and pesticides.

e.

Because some trees are more beneficial than others, the public benefits of tree protection may be obtained without preserving each and every tree.

(4)

Off-street parking and loading.

a.

Off-street parking and loading of vehicles promotes the public safety and welfare by reducing traffic congestion.

b.

Well-designed off-street parking and loading areas promote the safe and efficient storage, loading and circulation of vehicles.

c.

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 expanse and hazard of controlling stormwater runoff.

d.

Allowing the use of porous paving materials and unpaved parking areas, whenever possible, will conserve water and energy, moderates the microclimate, and reduce the expense and hazards of controlling storm water runoff.

(5)

Stormwater management.

a.

The uncontrolled drainage of developed land has a significant adverse impact upon the health, safety and welfare of the town.

b.

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.

c.

Stormwater runoff often contains nutrients, such as phosphorus and nitrogen, which adversely affect flora and fauna by accelerating eutrophication of receiving waters.

d.

Erosion silts up water bodies, decreases their capacity to hold and transport water, interferes with navigation and damages flora and fauna.

e.

Installation of impervious surfaces increases the volume and rate of stormwater runoff and decreases groundwater recharge.

f.

Improperly managed stormwater runoff increases the incidence and severity of flooding and endangers property and human life.

g.

Improperly managed stormwater runoff alters the salinity of estuarine areas and diminishes their biological productivity.

h.

Degradation of groundwater and surface water impose economic costs on the community.

i.

80 to 95 percent of the total annual loading of most stormwater pollutants discharge into receiving waters are concentrated in the flush created by the first one-inch of rainwater ("first flush"), and carried off-site in the first one-half-inch of runoff.

j.

Improperly managed stormwater adversely affects the drainage of off-site property.

(6)

Floodplain protection.

a.

Flooding is a natural, recurring phenomenon in the town.

b.

Naturally floodprone lands serve the following important functions in the regional hydrologic cycle and ecological system:

1.

They provide natural storage and conveyance of floodwaters.

2.

They facilitate groundwater recharge.

3.

They provide temporary storage of surface waters that moderates flood elevations and the timing, velocity and rate of flood discharges.

4.

They reduce erosion, and filter nutrients, sediments and other pollutants from floodwaters.

5.

They export detritus and other food sources to open water bodies and are vital habitat for fish, birds, wildlife and native plant communities.

c.

Naturally occurring flooding may provide recharge to groundwater and a basic source of flow to surface waters.

d.

The uncontrolled development of floodprone lands substantially degrades the health, safety and welfare of the community in the following ways:

1.

The owners, residents, customers, guests and employees occupying homes, businesses and other structures located in floodprone areas are placed at unreasonable risk of personal injury and property damage.

2.

Expensive and dangerous search, rescue and disaster relief operations may be necessary when developed properties are flooded.

3.

Roads, public facilities and utilities associated with development may be damaged by flooding at great expense to taxpayers and rate payers.

4.

Flooding of developed properties may lead to demands that the government construct expensive and environmentally damaging projects to control floodwaters.

5.

Normally flood-free lands are placed at risk of flooding when floodwaters on natural floodprone areas are obstructed, diverted, displaced or channelized by development.

6.

Water quality is degraded, the supply of freshwater to estuaries is disrupted and habitat is lost.

7.

Property values are lowered and economic activity is disrupted by damaging floods.

(7)

Protection of environmentally sensitive lands.

a.

Protection of environmentally sensitive lands described or mapped in the comprehensive plan promotes the well being of the people of the town as described in subsection 1.04.02(7)b of this section and in the conservation element.

b.

Wetlands serve the following beneficial functions:

1.

Wetlands provide natural storage and conveyance of floodwaters, and minimize erosion and sedimentation by reducing flood flows and the velocity of floodwaters.

2.

Inland wetlands adjoining larger lakes and rivers, protect wildlife and the shoreline from destructive wave action.

3.

Wetlands filter and help decompose sediments, nutrients and other natural and manmade pollutants that would otherwise degrade surface water and groundwater.

4.

Wetlands support commercial and recreational fishing because they provide essential nutrients and hatcheries for aquatic life.

5.

Wetlands provide habitat for rare and endangered species, and provide essential breeding and protective habitats for many other birds, mammals and reptiles.

6.

Wetlands recharge groundwater and surface water.

c.

Shorelines serve the following beneficial functions:

1.

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.

2.

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.

3.

Submergent, transitional and upland vegetation zones help slow stormwater runoff flows and increase infiltration of water, nutrients and other substances.

4.

Submergent, transitional and upland vegetation zones reduce predation by domestic pets on wetland and wetland dependent wildlife species.

5.

The desire of waterfront property owners to obtain a clear area for activities and water sports and to minimize the occasional undesirable presence of snakes and alligators native to the water is recognized.

6.

Measures are needed to balance private and public interests and to protect the public health, safety and welfare and preserve the natural beauty and attractiveness of waters in the lakes and streams of the town by controlling the amount of clearing or removal of shoreline or waterfront vegetation.

7.

Shoreline vegetation is necessary for the health and viability of a lake system. Sediments and nutrients, contributed both by stormwater runoff and recirculation within the lakes' waters, are removed by shoreline vegetation and associated areas by means of filtration and recycling through the shoreline vegetation.

8.

Both wave action and stormwater runoff will cause extensive erosion of nutrient-laden soils, particularly where those soils have been destabilized by removal of shoreline vegetation.

9.

Erosion of waterfront soils not only contributes to the slow in-filling of lakes, but the soils also entrap and entrain quantities of organic materials which contribute to the nutrient load of a lake. This soil stabilization, in conjunction with the natural uptake and assimilative capacities of shoreline vegetation, reduces the quantity of nutrients available for both cultural and natural eutrophication.

10.

The end result of combined, unrestricted removal of waterfront and shoreline vegetation is to eliminate the habitat and nutrient removal that is essential for preservation of a lake's ecology and water quality.

11.

Shoreline vegetation both protects and improves lake water quality and should be protected from substantial clearing.

12.

Development activities have destroyed or impaired the beneficial functions of environmentally sensitive lands to the town.

13.

Federal, state and county regulations do not adequately protect environmentally sensitive lands, thus making local regulation necessary.

(8)

Protection of cultural resources.

a.

There are located within the town, recreation, historical, architectural and archeological districts, sites, buildings, structures and objects that are unique and irreplaceable assets to the town.

b.

In recognition of these assets, the town has adopted recreation and conservation elements as part of its comprehensive plan.

c.

The recreation and conservation elements of the comprehensive plan include a survey of resources that has been adopted as the official inventory of resources of the town.

d.

The recognition, protection, enhancement and use of these resources are public purposes promoting the economic, health, prosperity, recreational, educational, cultural and general welfare of the public by increasing property values, stabilizing neighborhoods and older areas of the town, increasing economic benefits to the town and its inhabitants, enriching human life in its recreational, educational and cultural dimensions, and fostering civic pride in the beauty and noble accomplishments of the past.

e.

The town has exerted efforts in an attempt to encourage redevelopment of the older parts of the town and continues to do so.

f.

It is the will of the Florida Legislature, as expressed in F.S. ch. 267, that the state's historic sites and properties, buildings, artifacts, treasure troves and objects of antiquity, which have scientific or historical value, or are of interest to the public, be protected and preserved.

(Ord. No. 91-6, § 3(1.04.00), 2-11-1992)

State law reference

Land development regulations requirements, F.S. § 163.3202.