(A) Applicability. Development on oceanfront lots in the city shall provide and maintain an undisturbed Dune Management Area in accordance with the standards in this section, unless exempted in accordance with § 166.04-04(B), Dune Management Area Exemptions.
(B) Dune Management Area exemptions. The following development shall be exempt from these standards:
(1) Beach walkovers, sand fencing, public piers, and erosion control devices, provided such features are configured to minimize the impact on beach and dune areas;
(2) Plantings of bitter panic grass, sea oats, or other beach compatible vegetation approved by the Building Official;
(3) Beach compatible sand;
(4) Temporary construction activities authorized by a building permit (See § 162.03-08); and
(5) Lawfully-established development, landscaping, or impervious surfaces in place prior to March 1, 2019. (However, any subsequent development, redevelopment, or land disturbing activities shall comply with the standards in this subsection).
(C) Standards.
(1) All development shall maintain a minimum setback of 40 feet from the perpetual easement line or, where no perpetual easement line exists, the OCRM baseline. For the purposes of this subsection, PERPETUAL EASEMENT LINE shall mean the landward edge of the federal beach renourishment project as defined by the Army Corps of Engineers.
(2) Mitigation of the Dune Management Area shall be required in the event of unauthorized disturbance of the Dune Management Area or prior to the issuance of a certificate of occupancy for new construction or substantial improvement of a structure located on a lot that is bounded by the PEL or the OCRM baseline where no PEL exists. Mitigation shall consist of:
(a) Raising any area within the first ten linear feet landward of the PEL or Baseline that is below an eight-foot NAVD88 elevation to an elevation of ten feet NAVD88; and
(b) Planting any non-vegetated area with appropriate beach compatible vegetation as approved by the Building Official.
(c) In previously-eroded areas, the Building Official is authorized to designate a more landward area of mitigation.
(3) No permit shall be issued for any new structure which proposes the use of a septic system which is located wholly or in part within Dune Management Area.
(Ord. 05-10, passed 3-23-10; Am. Ord. 16-19, passed 4-9-19)