Land Use & Zoning
In Hawaii, which of the following activities requires a Shoreline Setback Variance?
AA. Painting an existing house near the shoreline
BB. Building a structure within the shoreline setback area that would otherwise violate setback requirements✓ Correct
CC. Planting native vegetation near the shoreline
DD. Walking on the beach
Explanation
A Shoreline Setback Variance is required to construct improvements within the setback zone that would normally violate the required setback distance from the certified shoreline.
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Key Terms to Know
Variance
Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
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