BANDON MUNICIPAL CODE CHAPTER 17.77
BEACHES AND DUNE OVERLAY (BDO) ZONE
Sections:
17.77.010 Purpose.
17.77.015 BDO Zone Boundaries
17.77.020 Permitted and Prohibited uses and activities.
17.77.030 Conditional uses and activities.
17.77.040 Relationship between the BDO Zone and the underlying zone.
17.77.050 Amendments to the Beaches and Dunes Overlay (BDO) Zone.
17.77.010 Purpose.
The purpose of the Beaches and Dunes Overlay (BDO) Zone is to implement the provisions of the Beaches and Dunes Section of the Coastal Resources Chapter of the City of Bandon Comprehensive Plan and Statewide Planning Goal 18 (Beaches and Dunes). The City’s coastal hazard analysis (Shoreland Solutions Report) related to dune-backed shorelines identifies Ahazard zones@ for the Bandon coastline. The report also identifies dune areas subject to wave overtopping and undercutting and areas subject to ocean flooding. The City utilized this analysis in applying the Beaches and Dune Overlay (BDO) Zone.
17.77.015 Beaches and Dunes Overlay Zone Boundaries
The Beaches and Dunes Overlay Zone is shown on the City of Bandon zoning map and the more detailed supplemental map that defines the Beaches and Dunes Overlay Zone boundary.
A. The Jetty (Bandon Jetty Dune System Map)
The Shoreland Solutions report concludes that the primary foredune at the Breakwater Addition is subject to wave overtopping and undercutting. The vulnerability of the dune is documented by observations of a healed erosion scarp at 18 to 20 ft. above mean sea level on the beach side and woody debris on the landward side of the foredune that was deposited during past overwash events. The hazard area is mapped in the Beaches and Dunes Overlay, North Bandon.
B. Johnson Creek Study Area (Johnson Creek Dune System Map)
The Shoreland Solutions report documents natural hazards on the Bandon oceanfront and identifies zones of relative risk. The Beaches and Dunes Overlay Zone Map identifies properties subject to ocean flooding or erosion along dune-backed shorelines. This hazard area begins near Whale Watch Way and continues to the south City limits at Polaris. The hazard area is mapped in the Beaches and Dunes Overlay, South Bandon.
17.77.020 Permitted and Prohibited uses and activities.
The Beaches and Dunes Overlay Zone is a limited use overlay zone. All uses and activities authorized by the underlying zone are subject to review and approval as outlined in this Chapter. Residential developments and commercial and industrial buildings are prohibited within the Beaches and Dunes Overlay Zone.
17.77.030 Conditional uses and activities.
Other development, not restricted in 17.77.020 above, shall only be allowed if the proposed development:
A. Is adequately protected from any geologic hazards, wind erosion, undercutting, ocean flooding and storm waves; or is of minimal value; and
B. Is designed to minimize erosion in beach and dune areas by limiting the destruction of desirable vegetation and the exposure of stable and conditionally stable areas to erosion; and
C. Mitigates any significant adverse environmental effects on the site and adjacent areas; and
D. Is proposed to include
1. temporary and permanent stabilization programs and the planned maintenance of new and existing vegetation; and
2. for protecting the surrounding area from any adverse effects of the development; and 3) minimizes to insignificant levels, hazards to life, public and private property, and impacts to the natural environment which may be caused by the proposed use.
17.77.040 Relationship between the Beaches and Dunes Overlay Zone and the underlying zone.
The Beaches and dunes Overlay (Beaches and Dunes Overlay) Zone is a limited use overlay zone. It identifies the location of existing Statewide Planning Goal 18 development prohibition areas within beach and dune areas. Uses and activities allowed within the underlying zone are limited as indicated in 17.77.030 above.
17.77.050 Replacement of Pre-Existing Structures:
Any lawfully existing structure constructed prior to the adoption of this ordinance which is located in the Beaches and Dunes overlay, may be replaced subject to the following:
A. The structure must be sited either within the same building footprint, or farther landward if deemed appropriate by the City and the applicant to decrease coastal hazard risk, and
B. The structure is of no greater square footage than the original structure, and
C. The structure was not substantially damaged by ocean flooding or coastal erosion.
17.77.060 Comprehensive Legislative Amendments to the Beaches and Dunes Overlay (BDO) Zone or BDO Zone Boundaries.
A. The City may amend the boundary utilizing a legislative comprehensive plan amendment process, if a future comprehensive area wide analysis, consistent with Statewide Planning Goal 18, indicates that a boundary change is warranted.
B. The analysis, and findings to develop a new boundary by the city must address Goal 18 development prohibition areas for residential and commercial/industrial structures (i.e. beaches, active foredunes, other foredunes which are conditionally stable and that are subject to ocean undercutting or wave overtopping, and on interdune areas ( deflation plains) that are subject to ocean flooding) . In addition, other development in these areas should only be permitted if it:
1. Is adequately protected from any geologic hazards, wind erosion, undercutting, ocean flooding and storm waves; or is of minimal value; and
2. Is designed to minimize adverse environmental effects.
C. Notice to DOGAMI, OPRD, and DLCD, must be provided at least 45 days prior to the first evidentiary hearing.