THIS IS TO NOTIFY YOU THAT THE CITY OF BANDON HAS PROPOSED A LAND USE REGULATION THAT MAY AFFECT THE PERMISSIBLE USES OF

YOUR PROPERTY AND OTHER PROPERTIES.

This notice is provided to you in order to comply with ORS 227. 186 which requires the City to print the following information:

On September 24, 2009, at 7:00 p.m., the City of Bandon, will hold a public hearing regarding the adoption of Ordinance 1580, AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN, CHAPTER 15.28, FLOODPLAIN INSURANCE, AND CHAPTER 17.76 SHORE LAND OVERLAY, OF THE BANDON MUNICIPAL CODE. The City of Bandon has determined that adoption of this ordinance may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.

Ordinance 1580 is available for inspection at City Hall located at 555 Highway 101. A copy of Ordinance 1580 is also available for purchase at a cost of $ 1.00. For additional information concerning Ordinance Number 1580, you may call the Bandon Planning Department at

541-347-2437, extension 230. Ordinance 1580 will also be posted, on the City of Bandon website Tuesday, September 8, 2009 at www.ci.bandon.or.us/departments/planning/planning notices.

Ordinance 1580 will amend the Bandon Comprehensive Plan, Chapter 17.76 and Chapter 15.28 of the Bandon Municipal Code to allow limited fill in the floodplain.

IT HAS NOT BEEN DETERMINED WHETHER THE VALUE OF YOUR PROPERTY WILL BE AFFECTED BY THE PROPOSED CODE AMENDMENT.

ORDINANCE NO. 1580

AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN, CHAPTER 15.28, FLOODPLAIN INSURANCE, AND CHAPTER 17.76 SHORE LAND OVERLAY, OF THE BANDON MUNICIPAL CODE.

WHEREAS, the Bandon Municipal Code sets forth the regulatory measures for development in the floodplain, designated by the Federal Insurance Rate Map, and

WHEREAS, the City of Bandon is committed to provide regulations for safe development in areas subject to flooding, and

WHEREAS, it is in the best interest of the citizens of The City of Bandon to limit fill in the floodplain,

NOW THEREFORE, BE IT RESOLVED, the Mayor and Council of the City of Bandon does hereby amend The Bandon Comprehensive Plan and Ordinance No. 15.28, of the Bandon Municipal Code:

COMPREHENSIVE PLAN POLICIES

AREAS SUBJECT TO NATURAL DISASTERS AND HAZARDS

The City shall continue to promote the protection of life and property from natural disasters and hazards through the following activities:

I.          Flooding. To reduce flood hazards by implementing the HUD Flood Plain Insurance Program pursuant to Resolution of the Bandon City Council an limit fill in flood prone areas:

             A.         REGULATIONS AND RESTRICTIONS

1.          Except as otherwise specifically exempted, the following regulations shall apply to any fill on any property located within the 100 year floodplain as defined by the Federal Emergency Management Agency (FEMA) or within any waterway:

a.          No fill or other means shall be used to elevate any land within a floodplain so as to remove it from the floodplain for purposes of development, construction, or improvement and/or to remove it from being subject to any regulations applicable to land within a floodplain.

b.         No fill shall be placed in any waterway.

c.          Subject to compliance with all applicable regulations, fill may be permitted within a floodplain for purposes incidental to allowed construction and development activities, such as support for foundations and floor slabs, construction of driveways, and landscaping.

d.         All fill in excess of a total of 2 cubic yards cumulative over a period of less than 10 years shall require securing a Grade & Fill Permit.

e.          All fill in excess of a total of 5 cubic yards cumulative over a period of less than 10 years shall require securing a Conditional Use Permit.

B.         EXEMPTION FOR PUBLIC INFRASTRUCTURE WORK

1.          The restrictions on fill imposed by these regulations do not apply to the repair or installation of public streets; walkways; bicycle and pedestrian facilities; water, sewer, storm drain, and electric lines and facilities; and cable television, telephone, fiber optic, and other communication lines and facilities located within the City of Bandon rights-of-way which are undertaken by, or under the specific authorization from, the City of Bandon.

2.          Coastal Erosion. To ensure that developments on the Bandon Bluff Bandon Bluff are not endangered by coastal erosion by requiring a review by the city of all development plans on the Bandon Bluff.

3.          Extreme Winds. To reduce damage caused by extreme winds, support mobile home tie down requirements established by the State Building Codes Division.

COMPREHENSIVE PLAN SHORELAND OVERLAY MATRIX