BIL 270 Draft 07 2008-2010 - Laserfiche WebLink

Home

(1) That there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to lands or buildings in the neighborhood or surrounding property, and that the circumstances or conditions are such that the strict application of the provisions of this code would deprive the applicant of the reasonable use of the land or building; (2) That the granting of the variance is necessary for the reasonable use of the land or building and that the variance granted is the minimum variance that will accomplish this purpose; and That the granting of the variance will be consistent with the intent and purpose of this code, and will not be injurious to persons or property, will not create additional fire hazards, and otherwise will not be detrimental to the public welfare. In making its determination, the board of appeals shall take into account the character, use and type of occupancy and construction of adjoining buildings, buildings on adjoining lots, and the building or land involved. (3) Section 5 -66. Appeals regarding alternative materials and methods of construction. Any person denied the use of new or alternate materials, methods of construction, equipment, fixtures, devices, or appliances by the administrative authority, may, within thirty days after the administrative authority's decision, appeal the decision to the board of appeals. In considering an appeal, the board may require any reasonable test of the proposed material, method of construction, equipment, fixture, device, or appliance, and the appellant shall pay all expenses necessary for the test. The board of appeals may affirm the decision of the administrative authority or it may reverse the decision if it finds: (1) That the new or alternate materials, methods of construction, equipment, fixtures, devices, or appliances meet standards established by this code; (2) That permitting the requested use will not jeopardize the safety of persons or property; and (3) That the requested use will not be contrary to the intent and purpose of this code. Section 5 -67. Other appeals. Any person aggrieved by the decision of the administrative authority in the administration or application of this code, other than that prescribed in sections 5 -65 and 5 -66, may, within thirty days after the date of the administrative authority's decision, appeal the decision to the board of appeals. The board of appeals may affirm the decision of the administrative authority, or it may reverse or modify the decision if the decision is: (1) In violation of this code or other applicable law; (2) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or Arbitrary, or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. (3) Section 5 -68. Rules; Adoption by board of appeals. The board of appeals shall adopt rules pursuant to chapter 91, Hawai`i Revised Statutes, necessary for the purposes of this article. Section 5 -69. Reserved. Section 5 -70. Reserved. 21