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



(1)  Cultivation of crops;



(2)  Aquaculture;



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



(4)  Drainage;



(5)  Boating, maritime, or watersports recreational
facilities;



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



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



(8)  Private facilities or improvements which will
neither adversely affect beach processes nor artificially fix the shoreline;
provided that the authority also finds that hardship will result to the
applicant if the facilities or improvements are not allowed within the
shoreline area;



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



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



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



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



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



(2)  To minimize risk of adverse impacts on beach
processes;



(3)  To minimize risk of structures failing and
becoming 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".