Ordinance 05-129 - Laserfiche WebLink

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SECTION 9. Chapter 9, article 3, section 9 -17, Hawaii County Code 1983 (updated June 2005), is amended to read as follows: "Section 9 -17. Variances. Whenever strict application of any provision of this chapter, except for the provisions relating to materials, methods of construction, equipment, fixtures, devices, or appliances, would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, the owner may petition the board of appeals for a variance from the provision. In granting a variance, the board of appeals shall prescribe any conditions that it deems to be necessary or desirable. However, no variance from the strict application of this chapter shall be granted by the board of appeals unless it finds: {{aj]LD That there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to lands or buildings in the neighborhood or surrounding property, and that the circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land or building; R-"(2) That the granting of the variance is necessary for the reasonable use of the land or building and that the variance granted is the minimum variance that will accomplish this purpose; and {{e) }(3) That the granting of the variance will be consistent with the intent and purpose of this chapter, and will not be injurious to persons or property or create additional fire hazards, and will not otherwise be detrimental to the public welfare. In making its determination, the board of appeals shall take into account the character, use, and type of occupancy and construction of adjoining buildings, buildings on adjoining lots, and the building or land involved." SECTION 10. Chapter 9, article 3, section 9 -18, Hawaii County Code 1983 (updated June 2005), is amended to read as follows: "Section 9 -18. Appeals regarding alternate materials and methods of construction. Any person denied the use of new or alternate materials, methods of construction, equipment, fixtures, devices, or appliances by the administrative authority, may appeal the decision to the board of appeals. In considering an appeal, the board may require any reasonable test of the proposed material, method of construction, equipment, fixture,