BIL 280 Draft 07 1996-1998 - Laserfiche WebLink

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(B) All streets adjacent to the lot or building where the sign is located; (4) A photo or drawing of the relevant sign(s); (5) A citation of the code section from which a variance is requested; (6) A complete copy of any sign permit application or rejection of the sign permit, if any; (7) An explanation of any unique circumstances, in particular, those arising from peculiar physical conditions not ordinarily found in most districts, peculiarity of the business, or other special event or circumstance; (8) An explanation of why granting the variance will not adversely affect the rights of adjacent property owners or tenants, including an explanation of alternative measures, if any, that the applicant is proposing to take in lieu of compliance with the applicable code section; (9) If applicable, notice of the variance application shall be mailed by the applicant to all property owners and tenants within three hundred feet of the affected property not less than twenty days prior to the initial hearing by the Hawaii County Council, and prior to the date of the hearing, the applicant shall file with the Council proof of service or of good faith efforts to serve notice of the hearing on the designated property owners. Such proof may consist of certified mail receipts, affidavits, or the like. (10) An explanation of why the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; and (1 I) An explanation of why a strict application of the terms of this chapter would work an unnecessary hardship and practical difficulty upon the applicant or the community; and (12) Any fee(s), prescribed by this chapter. (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; 16