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Section 3-23. Variances; criteria for granting. (a) Only in situations where the following conditions exist may a variance be granted: (1) 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. [(e) Getmeil r-esoltifieiis gfanting vafianee r-eqeests shall state the tffideflying fftet" basis for-the eaiiaeil's findings that efteh of the f-equisite eendifiens te gfafA a vafianee has be satisfied.]" SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance,the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 5. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid,the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 6. This ordinance shall take effect upon its approval. INTR UCSD B..V. EMBER, COUNTY OF 14AWN'l Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 714 3