How the shoreline setback line is set

Shoreline setback determinations shall be issued based on the following procedures:A shoreline setback determination shall be required for all structures and subdivisions proposed on lands covered by this Article, except in the following two cases:As permitted in Section 8-27.7;Where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between the shoreline and applicant's property, elevation, and the history of coastal hazards in the area.Unless otherwise provided in subsection (a) above, no shoreline setback line shall be established for any lot subject to this Article unless the application for a shoreline setback line includes a certified shoreline issued within 12 months prior to submission of the application.Lots Included in the Kaua'i Coastal Erosion Study. For all structures on lots subject to the Kaua'i Coastal Erosion Study, the setback shall be calculated as follows:For lots with an average lot depth of less than 140 feet, the setback line shall be 40 feet plus 70 times the annual coastal erosion rate as measured from the certified shoreline. In addition to the shoreline setback calculations above, for all applicable lots subject to the Kaua'i Coastal Erosion Study a mandatory 20 foot additional safety buffer shall be added to the setback area for episodic coastal events, sea level rise and other hazards.For lots with an average lot depth of 140 feet to 220 feet, the greater setback of the following shall apply:Forty feet plus 70 times the annual coastal erosion rate as measured from the certified shoreline. In addition to the shoreline setback calculations above, for all applicable lots subject to the Kaua'i Coastal Erosion Study a mandatory 20 foot additional safety buffer shall be added to the setback area for episodic coastal events, sea level rise and other hazards; orA shoreline setback determined by taking the average lot depth, subtracting 100 feet, dividing by two and adding 40 feet.For all lots with an average lot depth of over 220 feet, the greater setback of the following shall apply:Forty feet plus 70 times the annual coastal erosion rate as measured from the certified shoreline. In addition to the shoreline setback calculations above, for all applicable lots subject to the Kaua'i Coastal Erosion Study a mandatory 20 foot additional safety buffer shall be added to the setback area for episodic coastal events, sea level rise and other hazards; orA shoreline setback line of 100 feet from the certified shoreline.Table 1(This table is included for illustrative purposes only.) Lots Included in the Kaua'i Coastal Erosion Study. The distance in feet of the shoreline setback line as measured from the certified shoreline based on the average lot depth in feet.Average Lot DepthSetback LineLess than 140 feet40 feet plus (70 X annual coastal erosion rate) plus 20 feet140 feet to 220 feetGreater of: 40 feet plus (70 X annual coastal erosion rate) plus 20 feet -or- (Average Lot Depth minus 100 feet) ÷ by 2 plus 40 feetGreater than 220 feetGreater of: 40 feet plus (70 X annual coastal erosion rate) plus 20 feet -or- 100 feet from the certified shorelineLots Not Included in the Kaua'i Coastal Erosion Study. For all structures on lots that were not included in the Kaua'i Coastal Erosion Study, the setback shall be calculated by the following formula, (Average Lot Depth - 100)/2 +40), subject to the following:For all lots, the shoreline setback line shall be no less than 60 feet.The maximum setback that can be required shall be 100 feet.Non-abutting Lots. If an applicant is unable to secure permission from the abutting owner to complete a certified shoreline for a non-abutting lot within approximately 500 feet of the shoreline, the Planning Director may, pursuant to Sec. 8-4.3, impose conditions to zoning permits to increase setbacks where evidence exists that a proposed structure may be affected by coastal hazards or erosion.No subdivision which involves a lot, or any portion of a lot that would be subject to this Article, shall be approved without a coastal erosion study, a certified shoreline, and a shoreline setback line established in accordance with this Article, unless the subdivision is initiated by the County.Any subdivision with lots abutting the shoreline approved pursuant to Chapter 9 of the Kaua'i County Code, 1987, as amended, after the adoption of this Ordinance shall have a shoreline setback line of 40 feet plus 70 times the annual coastal erosion rate as measured from the certified shoreline. In addition to the shoreline setback calculations above, a mandatory 20 foot additional safety buffer shall be added to the setback area for episodic coastal events, sea level rise and other hazards.Each lot abutting the shoreline in a subdivision approved after the effective date of this ordinance shall be designed to achieve a building footprint of 5,000 square feet of buildable area mauka of the shoreline setback line established in accordance with subsections (f) and (g), above.Prior to commencement of grubbing, grading, or construction activities, the shoreline and shoreline setback line shall be identified on the ground and posted with markers, posts, or other appropriate reference marks by a surveyor licensed in the State of Hawai'i.The application of Section 8-27.3 by itself shall not make a dwelling unit nonconforming.