§ 8174-4. Environmentally sensitive habitat areas (ESHA).

Within an ESHA as defined in Article 2, or a buffer area, only the following uses, subject to all applicable standards and policies, are permitted:

(a)

Nature study;

(b)

Developments where the primary function is habitat enhancement or restoration;

(c)

Shoreline protective devices;

(d)

Passive recreational uses not involving structures;

(e)

Uses dependent on habitat values such as aquiculture and scientific research;

(f)

Public Works facilities in accordance with this Article and Section 8175-5.9, and all other applicable provisions of this Chapter and the LCP Land Use Plan.

Exceptions:

Within a buffer area, no new principal structures will be permitted unless prohibition of the structure from the buffer will preclude the utilization of the larger parcel for its designated use. When it is necessary to allow structures within the buffer they shall be located as far from the habitat resource as possible and mitigations shall be required to eliminate or reduce their impacts to an insignificant level. If a principal structure exists as of the adoption of this Plan, it may be rebuilt within the buffer zone if it is destroyed by fire or a natural disaster. If it is an otherwise nonconforming use it shall not be rebuilt within the buffer.

(Ord. No. 4451, § 4, 12-11-2012)