§205A-46  Variances.  (a)  A variancemay be granted for a structure or activity otherwise prohibited in this part ifthe authority finds in writing, based on the record presented, that theproposed structure or activity is necessary for or ancillary to:

(1)  Cultivation of crops;

(2)  Aquaculture;

(3)  Landscaping; provided that the authority findsthat the proposed structure or activity will not adversely affect beachprocesses and will not artificially fix the shoreline;

(4)  Drainage;

(5)  Boating, maritime, or watersports recreationalfacilities;

(6)  Facilities or improvements by public agencies orpublic utilities regulated under chapter 269;

(7)  Private facilities or improvements that areclearly in the public interest;

(8)  Private facilities or improvements which willneither adversely affect beach processes nor artificially fix the shoreline;provided that the authority also finds that hardship will result to theapplicant if the facilities or improvements are not allowed within theshoreline area;

(9)  Private facilities or improvements that mayartificially fix the shoreline; provided that the authority also finds thatshoreline erosion is likely to cause hardship to the applicant if thefacilities or improvements are not allowed within the shoreline area, and theauthority imposes conditions to prohibit any structure seaward of the existingshoreline unless it is clearly in the public interest; or

(10)  Moving of sand from one location seaward of theshoreline to another location seaward of the shoreline; provided that theauthority also finds that moving of sand will not adversely affect beachprocesses, will not diminish the size of a public beach, and will be necessaryto stabilize an eroding shoreline.

(b)  Hardship shall be defined in rules adoptedby the authority under chapter 91.  Hardship shall not be determined as aresult of county zoning changes, planned development permits, cluster permits,or subdivision approvals after June 16, 1989, or as a result of any otherpermit or approval listed in rules adopted by the authority.

(c)  No variance shall be granted unlessappropriate conditions are imposed:

(1)  To maintain safe lateral access to and along theshoreline or adequately compensate for its loss;

(2)  To minimize risk of adverse impacts on beachprocesses;

(3)  To minimize risk of structures failing andbecoming loose rocks or rubble on public property; and

(4)  To minimize adverse impacts on public views to,from, and along the shoreline. [L 1986, c 258, pt of §1; am L 1989, c 356, §14;am L 1993, c 258, §6]

 

Revision Note

 

  "June 16,1989" substituted for "the effective date of this Act".