(A)   Intent. One of the primary goals in the Town's CAMA Comprehensive & Land Use Plan is to “Preserve, protect, and enhance the Atlantic Ocean Shoreline and ensure future generations are able to enjoy its beauty and bounty and can continue to use the beach and water for active and passive recreation and leisure activities.” The town intends to establish policies and regulations to keep its beaches free of erosion threatened or storm damaged structures. To further this objective, the town encourages oceanfront property owners to remove or relocate erosion threatened oceanfront structures before they negatively impact the public beach and the associated dune system. The intent of this section is to establish regulations and procedures to facilitate the relocation of oceanfront structures threatened by erosion.
      (1)   Building height. When an existing oceanfront structure is relocated westward on the same lot, the building height limit may be increased above the district height up to a maximum of 12 inches under the following circumstances:
         (a)   When the structure being relocated was originally constructed at-grade on a slab foundation and must be elevated using a raised floor system to comply with the town’s free and clear of obstruction requirements as specified in § 150.05 of the town’s Flood Damage Prevention chapter;
         (b)   When it is demonstrated that district height limit cannot be achieved using the modified floor system without further adjustment to the roof or other components of the structure; and
         (c)   Only the minimum height increase necessary shall be granted to accommodate the modified floor system.
      (2)   Special use permit for the relocation of erosion threatened structures. To facilitate the landward relocation of an erosion threatened oceanfront structure on the same lot, the Town Council may, by special use permit, modify the minimum yard and building setback requirements as well as dimensional and stacking requirements applicable to required parking spaces and drive aisles established by this chapter, in accordance with the following provisions:
         (a)   Upon application by the property owner, the town shall process the application and schedule an evidentiary public hearing by the Town Council in accordance with the procedures set forth in § 156.155 as well as the procedures set forth below;
         (b)   The Town Council may grant a special use or permit only after determining that the applicant has clearly demonstrated the following:
            1.   The requested modifications are the minimum necessary to allow for the relocation of the existing principal structure;
            2.   The applicant does not propose to increase the area of the principal structure or the number of bedrooms;
            3.   The applicant does not propose to increase size or area of the property occupied by accessory structures;
            4.   That all structures, to the extent possible, are relocated outside of the required CAMA setback;
            5.   That the principal structure is situated as far landward as possible to mitigate future damage potential; and
            6.   The requested reduction results in a development that preserves the spirit and intent of this section and will not adversely impact adjacent property or the surrounding area, will not negatively impact existing traffic flow or pedestrian and vehicular safety and will not be contrary to the objectives specified in the CAMA Comprehensive & Land Use Plan.
(Ord. 11-01, passed 2-2-2011; Am. Ord. 21-01, passed 6-2-2021)