Town staff briefs BZA on new beachfront overlay ordinance as lawsuit is filed

Town planning staff provided a high‑level briefing on the recently adopted beachfront overlay zoning ordinance (Ordinance 2025‑21), which adds two buffer zones measured from the 2018 jurisdictional baseline to regulate development near the beachfront. The board received an overview of buffer A (the most restrictive, labeled a “no touch” zone) and buffer B (a less restrictive band), how those buffers are measured (50 feet for buffer A plus an additional 50 feet for buffer B for a combined 100 feet from the baseline in many locations), and built‑in administrative relief that can expand allowable improvements in buffer B from 20% to 30% when criteria are met.

Planning staff explained that the ordinance was predicated on the 2018 jurisdictional baseline and that new baseline studies are under state review; staff said the overlay would be re‑evaluated if the baseline changes. Town attorney Mac said an amended lawsuit challenging the ordinance has been filed and served and that the town expects to file a response in early July, which could include an answer or a motion to dismiss.

Staff emphasized that the overlay is now in effect. They told the board the overlay is intended to protect dune integrity, habitat and community character while offering administrative relief options for property owners in buffer B; variances and other appeals remain part of the process and could come to the BZA. Board members asked for case‑specific materials in future packets and requested additional training material be distributed ahead of future meetings.

Next steps: the town will respond to the amended complaint in early July; the BZA will handle variance requests affected by the overlay as they come before the board.