COM 0042.001 2002-2004 - Laserfiche WebLink

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Curtis Tyler September 9, 2002 Page 2 6. The note to §3-12 says that a building with large windows could have several hundred square feet of signage, but the limit is 25% of the total area or 150 square feet whichever is greater. 7. For §3-14 "altered" and "reconstructed" should be defined. Do you want to address issues such as painting or other maintenance? 8. Section 3-16 on illuminated signs should define "electrical inspector." The note indicates that the inspector's action is advisory while the proposed ordinance language says that the inspector approves or disapproves the application. Since the inspector is actually making a recommendation of approval or disapproval the language should state recommend approval or denial and then continue on to provide that the application and the recommendation be returned to the director of public works for his action. 9. Section 3-17(b) states that a permit is not transferable unless notice is filed with the director within 90 days of transfer of premises. Generally permits which allow certain uses on land such as building permits run with the land and are not personal to the holder of the permit. What is the intended consequence if such notice is not filed? If this section is to be retained a provision should be made specifying what will happen if not complied with. 10. Division 6 transfers the variance function from the Planning Commission to the council. This is a quasi-judicial function which is not generally a function exercised by a legislative body. Is it your intention that an appeal to circuit court from the council's decision on the variance request be allowed or provided for? Based upon the case of Sandy Beach v. City Council of the City and County of the Honolulu, 70 Haw. 361, 77 3.P2d 250 (1989) which held that chapter 91 did not apply to the city council when it acted upon an SMA permit, you probably would not need to follow the procedural requirements contained within chapter 91 and applicable to administrative hearings. However, you should be prepared for arguments on whether constitutional property rights have been affected by the variance action and that therefore, an appeal should be permitted. The standard for granting a variance might lend support to this argument. Under the present code, appeals from the planning commission's decision on a variance request are taken to the Board of Appeals. Since the Board conducts a contested case hearing, it's decision is then appealable to the circuit court.