BIL 134 Draft 02 2018-2020 - Laserfiche WebLink

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-j OF COUNTY OF HAWAII •` STATE OF HAWAII ON qTF OF•H/i' BILL NO. 134 (DRAFT 2) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 1, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SIGN CODE VARIANCES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The Council finds that the consideration of applications for sign variances pursuant to chapter 3, article 1, division 6, of the Code should be considered by the director of the department of public works rather than the Council. Consequently, it is the purpose of this bill to place this authority with the director of public works. SECTION 2. Chapter 3, article 1, division 2, section 3-3 of the Hawaii County Code 1983 (2016 Edition, as amended) is amended by amending paragraph (a)(9) to read as follows: "(9) "Design commission" means [the rr,,;i,,,, Village s .,i distfiet des;- ear Ee r. slenj the appropriate board, commission, or committee established by ordinance to review the design of structures in a special district listed in chapter 25, article 7." SECTION 3. Chapter 3, article 1, division 6, of the Hawaii County Code 1983 (2016 Edition, as amended) is amended to read as follows: "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 [ ] director may grant[, ,] a request for a variance from any provision of this chapter. If the subject parcel is located in a special district with a design commission, the director shall refer the variance application to the planning director and design commission for their respective comments and recommendations. The planning director and the design commission shall each submit comments and recommendations on the proposed variance within sixth days from the date that the proposed variance is transmitted to the planning director and the design commission. Should either the planning director or the applicable design commission, or both, fail to provide comments or recommendations within the sixty- dav review period, the public works director may proceed to act on the variance application as that director deems appropriate.