The intent of this zone is to regulate actions in beach, active dune, recently stabilized dune, some older stabilized dune, and interdune areas in order to protect the fragile nature of this landscape by ensuring that development is consistent with the natural capabilities of these land forms. When the regulations of this overlay zone conflict with the underlying basic zone criteria (or the regulations of the Clatsop County Soil and Water Conservation District) the conflicts shall be resolved by the application of the more stringent regulations.
A. 
Zone Boundaries. The boundaries of the BDO zone shall extend from the Pacific Ocean low water line landward to the east most limits of Zone One of the Clatsop County Soil and Water Conservation District. It shall also include areas to the north of Zone One which is designated in the Comprehensive Plan map, "Critical Beach and Dune Shoreland Areas." It shall also include areas to the north of Zone One which are designated in the Comprehensive Plan map "Critical Beach and Dune Shoreland Areas."
B. 
Uses Allowed, BDO Zone. The following uses are allowed in beach or upland areas located within the BDO zone as identified on the F.E.M.A. map titled "Flood Insurance Rate Map, City of Warrenton, Oregon, Clatsop County," subject to the standards of Section 16.100.030.
1. 
Pedestrian or equestrian beach access, including boardwalks.
2. 
Temporary open sided structures.
3. 
Foredune breaching.
4. 
Beachfront protective structures.
5. 
Sand fencing.
6. 
Additional uses permitted in the basic zoning district after a site specific investigated by a registered geologist determines that the proposed use is not located in an active foredune, or in a conditionally stable foredune that is subject to ocean under-writing or wave overtopping, or in an interdune area (deflation plains) that is subject to ocean flooding.
7. 
Beach uses permitted by the Parks and Recreation Division of the Transportation Department.
C. 
Uses Allowed Outside of the BDO Zone. Uses allowed in the base zoning district are allowed outside of beach and upland areas located within the A Zone as identified on the F.E.M.A. maps titled "Flood Insurance Rate Map, City of Warrenton, Oregon, Clatsop County," and "Flood Insurance Rate Map, Town of Hammond, Oregon, Clatsop County," subject to the standards referred to in the applicable base zoning district and the standards of Section 16.100.030.
D. 
Warning and Disclaimers of Liability. The degree of protection from erosion or accretion required by this chapter is considered reasonable for regulatory purposes. This does not imply that land outside the BDO zone or development permitted within such areas will be free from erosion or accretion. This chapter shall not create a liability on the part of the City of Warrenton or by any officer, employee or official thereof for any damages due to erosion or accretion that result from reliance on this chapter or any administrative decision lawfully made thereunder.
A. 
General standards for uses located in the area described by Section 16.100.020.
1. 
The use is adequately protected from any geologic hazard, wind erosion, undercutting, ocean flooding and storm waves; or is of minimal value.
2. 
The use is designed to minimize adverse environmental effects both to the site and adjacent areas.
3. 
Methods have been developed for protecting the surrounding area from any identified adverse effects of the development.
4. 
Temporary and permanent sand stabilization programs have been prepared consistent with this section.
B. 
Specific standards for foredune breaching in the area described by Section 16.100.020:
1. 
The breaching is required to replenish sand supply in interdune areas, or for an emergency on a temporary basis.
2. 
The breaching does not endanger existing development.
3. 
The breaching does not adversely impact critical wildlife habitat.
4. 
The areas affected by the breaching are restored according to an approved restoration plan.
C. 
Specific standards for beachfront protective structures in the area described by Section 16.100.020:
1. 
The structure is to protect development existing on January 1, 1977.
2. 
Visual impacts are minimized.
3. 
Public access to the beach is preserved.
4. 
Negative impacts on adjacent property are minimized.
5. 
Long-term or recurring costs to the public are avoided.
6. 
Riprap bank protection must be appropriately designed with respect to slope, rock size, placement, underlying material and expected hydraulic conditions. Project design by a licensed engineer shall meet their requirement. The Community Development Director may also find that riprap projects designed by other qualified individuals such as experienced contractors and soil conservation service personnel, meet this standard.
7. 
All riprap shall be covered with fill material such as soil clay and sand and revegetated with beach grass, with beach grass, willow, or other vegetation approved by the Community Development Director.
8. 
Emergency maintenance, for the purpose of making repairs or for the purpose of preventing irreparable harm, injury or damage to a person's property or shoreline stabilization facilities is permitted, notwithstanding the other requirements and their standards, but subject to the regulations imposed by the Corps of Engineers and the Division of State Funds.
D. 
Specific standards for sand fences in the area described by Section 16.100.020:
1. 
The need for sand fences has been established as the result of a site investigation by a registered geologist as part of an overall dune stabilization program.
2. 
No construction shall be permitted on any accreted areas.
3. 
Accrued areas shall not form the basis for reestablishing the locations of an active foredune.
E. 
If the development involves removal of vegetation in any location or combination of locations larger that 100 square feet which have sandy soils, a satisfactory wind erosion prevention plan will be submitted by the owner or developer which provides for temporary and permanent sand stabilization and maintenance of new and existing vegetation. This plan can be a simple report indicating what types of vegetation will be planted, the spacing of planting, approximately when planting will occur, how vegetation will be preserved and other relevant techniques being used to prevent wind erosion. The City may refer the report plan to the Clatsop County Soil and Water Conservation District for comments on the appropriateness of the proposed wind erosion prevention techniques.
F. 
Removal of vegetation in areas with sandy soils shall be kept to the minimum required for building placement or other valid purposes. Removal of vegetation should not occur more than 30 days prior to grading, construction or landscaping. Permanent revegetation shall be started on the site as soon as practical and should return the site to its preconstruction level of stability or further increase the area's stability.
G. 
Sand removal shall be limited to that necessary for construction of permitted structures on the site or for eliminating hazards. Adequate consideration will be given to removing sand from the least sensitive locations. Disturbed areas shall be properly revegetated unless building is done thereon.
H. 
The proposed development will not result in the drawdown of the groundwater supply in a manner that would lead to (1) the loss of stabilizing vegetation; (2) the loss of water quality; (3) saltwater intrusion into the water supply; or (4) significant lowering of interdune lake water levels.
I. 
Grazing of livestock is prohibited.
J. 
Vehicular transportation facilities and improvements (not multi-use paths or trails) that have been identified in the Warrenton TSP are permitted conditionally subject to the provisions of Chapter 16.220 of this Code. Goal findings or a goal exception that determines the proposed project to be consistent with the adopted goal finding or exception are required. When approved, vehicular traffic will be restricted to hard surfaced roads.
K. 
The City may charge the owner or developer a reasonable fee for the cost of reviewing site specific reports, wind erosion prevention plans and the methods actually used to avoid hazards associated with active dune and interdune areas.
L. 
The City may require the owner or developer to post a performance bond to assure that adverse effects which may occur as a result of a use or action can be corrected. The size of the bond shall be no larger than necessary for correcting potential adverse effects. The bond shall be released when the City determines that performance pursuant to the applicant's approved plan is satisfactory.