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Section 3-23. Variances; criteria for granting. <br /> (a) Only in situations where the following conditions exist may a variance be granted: <br /> (1) Granting the variance is necessitated by peculiar physical conditions not ordinarily <br /> found in most districts, because of the peculiarity of a business, or as a result of a <br /> special event or circumstance; <br /> (2) Granting the variance will not adversely affect the rights of adjacent property owners <br /> or tenants; <br /> (3) Granting the variance will not unreasonably violate the interest, safety, convenience, or <br /> general welfare of the public; <br /> (4) A strict application of the terms of this chapter would work unnecessary hardship and <br /> practical difficulty upon the applicant or the community; <br /> (5) Granting the variance will not constitute a grant of personal or special privilege <br /> inconsistent with the limitations upon other properties under identical ordinances, <br /> statutes, or rules; and <br /> (6) The application is complete. <br /> (b) In and of itself, prior construction of a sign without a permit, regardless of the cost or value <br /> of the sign, shall not be deemed to constitute sufficient reason to grant a variance. <br /> satisfied.]" <br /> SECTION 4. Material to be repealed is bracketed and stricken. New material is <br /> underscored. In printing this ordinance,the brackets, bracketed and stricken material, and <br /> underscoring need not be included. <br /> SECTION 5. Severability. If any provision of this ordinance, or the application <br /> thereof to any person or circumstance, is held invalid,the invalidity does not affect other <br /> provisions or applications of the ordinance which can be given effect without the invalid <br /> provision or application, and to this end the provisions of this ordinance are severable. <br /> 20. <br /> SECTION 6. This ordinance shall take effect on June 1, 2020. <br /> INT ODUCED BY: <br /> 400 oral <br /> .Tew <br /> : .'L CIL MEMBER, I ' OF H WAI`I <br /> Hilo , Hawai`i <br /> Date of Introduction: February 19, 2020 <br /> Date of 1st Reading: February 19, 2020 <br /> Date of 2nd Reading: March 11, :2020 <br /> Effective Date: June 1, 2020 <br /> REFERENCE Comm. 714.2 <br /> 3 <br />