Chapter 27 Flood Plain Management

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§ 27-26 HAWAII COUNTY CODE Section 27-26. Storm drainage standards. The department of public works, County of Hawai`i's "Storm Drainage Standard," October 1970 edition, or latest revision, is incorporated into and made a part of this chapter. These standards have been prepared to guide County engineers and personnel, engineers for subdivision and other developers, consultants employed by the department of public works, and other interested parties in the general features required for the design of storm drainage facilities, preparation of flood hazard studies, and other related work in the County of Hawaii. (1993, ord 93-78, sec 3; am 2007, ord 07-169, sec 17.) Article 5. Variances and Appeals. Section 27-27. Criteria for variances. A variance from this chapter may be issued by the director of public works only upon the applicant meeting the variance criteria of this section. The variance criterion set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the County of Hawaii to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements of this chapter are quite rare. The variance guidelines are detailed and contain multiple provisions that must be met before a variance can be properly granted. The following criterion are designed to screen out those situations in which alternatives other than a variance are more appropriate: (a) Generally, variances may be issued for new construction, improvements to repetitive loss structures, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of articles 3 and 4 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. (b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 27-26