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Dunes City City Zoning Code

FRAGILE LANDS

FL OVERLAY ZONE

§ 155.130 PURPOSE.

   (A)   (1)   The city has determined as a matter of policy that significant development restraints be placed upon certain fragile lands designated Fragile Lands (FL).
      (2)   FL lands shall be further delineated according to whether they are excessive in slope (FL-S) or stabilized or active dunes (FL-D), as defined herein and by the city’s Comprehensive Plan.
   (B)   (1)   The purpose of the FL designation is to prevent irreparable ecological damage and construction upon land where development can create potential for wind and water erosion.
      (2)   In the interests of protecting the general health, welfare, and safety of the citizens of the city, the different FL sub-designations shall be defined and implemented in the following sections.
(Ord. 259, passed - -)

§ 155.131 EXCESSIVE SLOPES.

   (A)   Definition. For the purpose of this section, EXCESSIVE SLOPES are those slopes 12% or steeper, as generally identified on the City Comprehensive Plan’s geological constraints map.
   (B)   Allowed uses. All uses allowed in the underlying zone are allowed in excessive slopes, except that:
      (1)   Development on slopes 12% to 16% shall be subject to site review and approval by the City Engineer and the Planning Commission; and
      (2)   (a)   Development on slopes greater than 16% will be allowed only after the applicant has supplied proof of safety of the proposed development.
         (b)   A licensed State Engineer’s report shall satisfy proof of safety of the proposed development.
   (C)   Conditional uses. All conditional uses allowed in the underlying zone are allowed.
(Ord. 259, passed - -)

§ 155.132 STABILIZED OR ACTIVE DUNES.

   (A)   Definition. For the purpose of this section, APPLICABLE DUNES are those lands where development will destroy sand-stabilizing surface vegetation or expose loose or cemented sand to wind or water erosion.
   (B)   Allowed uses.
      (1)   All uses allowed in the underlying zone are allowed in applicable dunes, except that the city shall required the applicant to prepare a plan to re-vegetate damaged areas and to negate erosion potential caused by the proposed development.
      (2)   This shall be condition of approval for all development.
   (C)   Conditional uses. All conditional uses allowed in the underlying zone are allowed.
(Ord. 259, passed - -)