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C. Chapter 23 of the Hawaii County Code. <br /> At issue here are the following provisions of Chapter 23 ("Chapter 23") of the Hawaii <br /> County Code ("HCC"): <br /> HCC § 23-10 (Acceptance of highways; compliance with chapter): "The council shall <br /> not take over, receive by dedication, do any repair or construction work upon streets or <br /> pavements,water lines, street lighting systems, sewer lines, or in any way accept as public <br /> highways any street in any subdivision opened or platted in the County after December 21, 1966, <br /> except upon full compliance with the provisions of this chapter." <br /> HCC § 23-14 (Variances): "Variances from the provisions of this chapter may be <br /> granted; provided,that a variance shall not allow the introduction of a use not otherwise <br /> permitted within the district;and provided further that a variance shall not primarily effectuate <br /> relief from applicable density limitations." <br /> HCC § 23-17 (Procedures for variances): "(a)Notice to Owners of Property Interests. <br /> Upon receipt and acceptance of a properly filed and completed application,the department shall <br /> fix a date for the director's consideration of the application. Within three working days after <br /> receiving notice of such date, the applicant shall serve notice of the application on owners of <br /> interests in properties within three hundred feet of the perimeter boundary of the applicant's <br /> property and to owners of interests in other properties which the director may find to be directly <br /> affected by the variance sought. Such notice shall state: (1) The name of the applicant; (2) The <br /> precise location of the property involved; (3)The nature of the use sought and the proposed <br /> accompanying structures, if any; (4) The date on which the director will consider the application; <br /> and (5) That such date is the deadline for the director's actual receipt of written comments on the <br /> application. Prior to the deadline for written comment,the applicant shall submit to the director <br /> 4862-5574-8005 3 051730-00058 -10- <br /> 14 <br />