HomeMy WebLinkAboutBIL 194 Draft 02 2006-2008 ~~Y OI~
L~ ~Y
COUNTY OF HAWAII STATE OF HAWAII
~
h'b.•d~
BILL NO. 194
ORDINANCE NO. (vraft 2)
AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 1, DIVISION 6, SECTION 3-22,
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO
VARIANCES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 3, article 1, division 6, section 3-22, Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Division 6. Variances.
Section 3-22. Variances.
(a) In unique cases where strict enforcement of this chapter would result in
unnecessary hardship or practical difficulty, and where desirable relief may be
granted without detriment to the public interest, convenience or welfare, the
Hawaii County council may grant, by resolution, a request for a variance from
any provision of this chapter.
(b) Variance applications shall be submitted upon a form designated by the director
and shall include at a minimum, the following information and attachments:
(1) The sign owner's and the property owner's name, phone number, and
mailing address;
(2) The location, tax map key number, and zoning of the property upon which
the sign is located;
(3) A map showing:
(A) The location of the sign; and
(B) All streets adjacent to the lot or building where the sign is located;
(4) A photo or drawing of the relevant sign(s);
(5) A citation of the code section from which a variance is requested;
(6) A complete copy of any sign permit application or rejection of the sign
permit, if any;
(7) An explanation of any unique circumstances, in particular, those arising
from peculiar physical conditions not ordinarily found in most districts,
peculiarity of the business, or other special event or circumstance;
(8) An explanation of why granting the variance will not adversely affect the
rights of adjacent property owners or tenants, including an explanation of
alternative measures, if any, that the applicant is proposing to take in lieu
of compliance with the applicable code section;
(9) If applicable, notice of the variance application shall be mailed by the
applicant to all property owners and tenants within three hundred feet of
the affected property not less than twenty days prior to the initial hearing
by the Hawaii County council, and prior to the date of the hearing, the
applicant shall file with the council proof of service or of good faith
efforts to serve notice of the hearing on the designated property owners.
Such proof may consist of certified mail receipts, affidavits, or the like;
(10) An explanation of why the variance will not unreasonably violate the
interest, safety, convenience, or general welfare of the public;
(11) An explanation of why a strict application of the terms of this chapter
would work an unnecessary hardship and practical difficulty upon the
applicant or the community; [and]
(12) A draft resolution, that satisfies the requirements of sections 3-22 and
3-23, in both paper and electronic formats;
(13) If applicable, the Kailua Village Desien Commission's and/or any
advisory commission's written recommendation; and
~ Any fee(s), prescribed by this chapter.
(c) Upon review of a complete application, and, if applicable, the director shall
forward the application through the planning director to the Kailua Village design
commission and/or anv other applicable advisory commission for [its] review and
recommendation, then to the aupronriate council committee for its consideration
and decision."
SECTION 2. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and
underscoring need not be included
SECTION 4. This ordinance shall take effect upon approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 s` Reading:
Date of 2"d Reading:
Effective Date:
FccFr:RE:NC ; Comm: 762.2