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Home My WebLink AboutORD 2008-003 2006-2008 ~<v w Nv!4, COUNTY OF HAWAII STATE OF HAWAII y~•i oi~M~+• BILL NO. 194 ORDINANCE NO. (r8 3 (Draft 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 Design Commission's and/or any advisorv 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 any other apnlicable advisorv commission for [its] review and recommendation, then to the annronriate 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 Kona , Hawaii Date of Introduction: November 20, 2007 Date of ls` Reading: November 20, 2007 Date of 2"d Reading: December 19, 2007 Effective Date: January 14, 2008 Rs'FERENC ; Comm: 762.2 OFFICE OF THE COUNTY CLERK Cotmty of Hawaii Kona, Hawaii (Draft 2) Introduced By: Brenda Ford ~~pp ~ ROLlitftCA VOTE Datelntroduced: November 20, 2007 ?VUU JAN 1~1'~Ir 1~~ ABS EX First Reading: November 20, 2007 Ford _X Published: November 30, 2007 Higa f` ~'-~,~~,°~'w- Hoffmann X REMARKS: December 5, 2007 - Postponed Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 Second Reading: December 19, 2007 To Mayor: December 28, 2007 ROLL CALL VOTE Returned: January 14, 2008 AYES NOES ABS EX Effective: January 14, 2008 Ford X Published: January 22, 2008 Higa X Hoffmann X REMARKS: Ikeda X January 14, 2008 -Mayor returned unsigned. Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 7 1 1 0 1 DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO ~ ~ a FORM AND LEGALITY: ~ COUN DEPUTY OR RATION COUNSEL COUNTY OF HAWAII COU T C RK Date i 194 (Draft 2) Bill No.: C-762.2/PWIRC-41 Approved/Disapprovedthis day Reference: Ord No.: 3 of , 20 MAYOR, COUNTY OFHAWAI'I 4pJ~SY:~" h,N. ~i. Harry Kim Dixie Kaetsu Ma or Managing Director Y rjr , • ~pc Barbara Koslow F Of `NP Deputy Managing Director ~OUlltp Of ~A~al`l 891 Ululani Street Hilo, Hawaii 96720 • (808) 961-8211 Pax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (R08) 329-5226 • Fax (808) 326-5663 v January 14, 2008 '7 ~ C~ z ..11 The Honorable Pete Hoffmann, Chairperson, and Z ~ r-• r~ s Members , , Hawaii County Council 3 - 333 Kilauea Avenue i Hilo, Hawaii 96720 ~ C' 4 -.c Re: Bill 194 Draft 2 Dear Chairperson Hoffmann and Council Members: I am returning Bill 194 Drafr 2 to take effect without my signature, as I have a major policy concern with the bill that I ask the Council to reconsider and address. It is pointed out here that to require an applicant to provide a draft resolution that "satisfies the requirements of sections 3-22 and 3-23, in both paper and electronic formats" is an unreasonable expectation of a lay person. Even members of the county's administration and council have difficulty at times properly preparing resolutions and bills for council action. Thank you for your consideration. ~Alonhn'a,A Q~n~ ~t ,~~/IY Harry Kim MAYOR Hawaii County is an equal opportunity provider and employer.