BIL 280 Draft 09 1996-1998 - Laserfiche WebLink

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Division 6. Variances Section 3-22. Variances. (a) In unique cases where strict enforcement of this chapter would result in unnecessary hardship or practical difficulty, and where desirable relief may be granted without detriment to the public interest, convenience or welfare, the Hawaii County Council may grant, by resolution, a request for a variance from any provision of this chapter. (b) Variance applications shall be submitted upon a form designated by the director and shall include at a minimum, the following information and attachments: (I) The sign owner's and the property owner's name, phone number, and mailing address. (2) The location, tax map key number, and zoning of the property upon which the sign is located; (3) A map showing: (A) The location of the sign; and (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 (I 1) 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. -lb-