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Chapter 25 Zoning
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Chapter 25 Zoning
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§ 25-2-12 H AWAI‘I C OUNTY C ODE <br />(d) The applicant shall file an affidavit with the planning department not more than <br />five days after posting the sign stating that a sign has been posted in compliance <br />with this section, and that the applicant and its agents will not remove the sign <br />until the application has been granted, denied, or withdrawn. A photograph of the <br />sign in place shall accompany the affidavit. <br />(2005, ord 05-136, sec 2.)25-2-12 <br />Division 2. Appeals. <br />Section 25-2-20. Persons who may appeal; procedure. <br />(a) Any person aggrieved by the decision of the director in the administration or <br />application of this chapter, may, within thirty days after the date of the director’s <br />written decision, appeal the decision to the board of appeals. <br />(b) A person is aggrieved by a decision of the director if: <br />(1) The person has an interest in the subject matter of the decision that is so <br />directly and immediately affected, that the person’s interest is clearly <br />distinguishable from that of the general public; and <br />(2) The person is or will be adversely affected by the decision. <br />(c) An appeal shall be in writing, in the form prescribed by the board of appeals, and <br />shall specify the person’s interest in the subject matter of the appeal and the <br />grounds of the appeal. Any such appeal shall be accompanied by a filing fee of $250. <br />The person appealing a decision of the director shall provide a copy of the appeal to <br />the director and to the owners of the affected property and shall provide the board <br />of appeals with the proof of service. <br />(d) The appellant, the owners of the affected property, and the director shall be parties <br />to an appeal. Other persons may be admitted as parties to an appeal, as permitted <br />by the board of appeals. <br />(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-112, sec 3.)25-2-20 <br /> <br />Section 25-2-21. Performance of permit conditions pending appeal. <br />Whenever any appeal is filed after a permit or approval has been issued and the <br />permit or approval contains conditions requiring performance within specified time <br />periods, the time for performance of any such conditions shall not commence until after <br />a final decision is rendered in the appeal by the board of appeals or by the courts. <br />(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-21 <br />Section 25-2-22. Conduct of appeal hearing; costs. <br />(a) Within twenty days after receipt of a notice of appeal, the director or commission, <br />as appropriate, shall transmit to the board of appeals the entire record or file of the <br />proceeding being appealed. The entire record or file from the director or <br />commission, as appropriate, shall be part of the board of appeals’ record in an <br />appeal, and shall be reviewed by the board of appeals in the appeal. <br />(b) A full hearing shall be held by the board of appeals, in any appeal, in accordance <br />with chapter 91, Hawai‘i Revised Statutes. <br />25-20 <br /> <br />
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