ORD 2004-142 2002-2004 - Laserfiche WebLink

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(c) Upon review of a complete application, and, if applicable, the director shall forward the application through the planning director to the Kailua Village Design Commission for its review and recommendation, then to the Council for its consideration and decision. Section 3-23. Variances; criteria for granting. (a) Only in situations where the following conditions exist may a variance be granted: (I) Granting the variance is necessitated by peculiar physical conditions not ordinarily found in most districts, because of the peculiarity of a business, or as a result of a special event or circumstance; (2) Granting the variance will not adversely affect the rights of adjacent property owners or tenants; (3) Granting the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; (4) A strict application of the terms of this chapter would work unnecessary hardship and practical difficulty upon the applicant or the community; (5) Granting the variance will not constitute a grant of personal or special privilege inconsistent with the limitations upon other properties under identical ordinances, statutes, or rules, and (6) The application is complete. (b) In and of itself, prior construction of a sign without a permit, regardless of the cost or value of the sign, shall not be deemed to constitute sufficient reason to grant a variance. (c) Council resolutions granting variance requests shall state the underlying factual basis for the Council's findings that each of the requisite conditions to grant a variance has been satisfied. Division 7. Fees Section 3-24. Permit/Variance fees (a) Applicants for sign permits pursuant to this chapter shall pay the following non-refundable fees: (I) For a new sign permit, $25 for each sign; and (2) For a sign pernit for a sign erected prior to obtaining a sign permit $100 for each sign. (b) For sign variances, pursuant to this chapter, $100 for each sign or an amount equal to ten percent of the total value of the sign(s), excluding installation costs, whichever is greater. Section 3-25. Disposition of fees. (a) The following monies collected under this chapter shall be used exclusively to support the administration and enforcement of this chapter and efforts to educate and inform the public about the county's sign law: (I) Permit and variance application fees; and (2) Fines, minus costs of collection, that are collected pursuant to this chapter. -17-