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HomeMy WebLinkAboutORD 1981-725 1980-1984BILL NO. 784 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE A1O. ~~ AN ORDINANCE ANdENDING ARTICLE 5, CHAPTER 11, OF THE HAWAII COUNTY CODE, RELATING TO THE BOARD OF APPEALS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 4, Article 5, Chapter 11, of the Hawaii County Code is amended to read as follows: "SECTION 4. VARIANCES; APPEALS [AND PETITIONS. Any appeal from the decision of the Administrative Authority in the administration of the County of Hawaii Electrical Code involving any denial of the use of new or alternate materials, types of construction, ecquipment, fixtures, devices or appliances, or any petition for varying the application of the Electrical Code may be submitted to the Board of Appeals for hearing and determination as specified in Section 204, Uniform Building Code, as amended, under Section 6, Ordinance 93 of the Revised Ordinance of the County of Hawaii 1975, as amended]. "(a) Variances. Whenever strict application of a 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 derive 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 and conditions that it deems to be necessary or desirable. However, no variance from the strict application of this Chaff shall be granted by the Board of Appeals unless it finds: "(1) That there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions ar~eculiar to such land or building and do not a~ply0generally 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 buildin; and "(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 "(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 ~ropert~ 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 ad'oinin buildin s, buildin s on ad'oinin lots, and the building or land involved. -2- "(b) Appeals Regarding Alternate Materials and Methods of Construction. Any person denied the use of new or alternate materials, methods of construction, a uipment, fixtures, devices, or appliances by the Administrative Authority, may, within thirty days after the Administrative Authority's decision, 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, device, or a~~liance, and the appellant shall pay all expenses necessary for the test. The Board of Appeals may affirm the decision of the Administrative Authority, or it may reverse the decision if it finds: "(1) That the new or alternate materials, methods of construction, equipment, fixtures, devices, or a~~liances meet standards established by this Chapter; and "(2) That permitting the requested use will not jeopardize the safety of persons or property; and "(3) That the requested use will not be contrar~to the intent and purpose of this Chapter. "(c) Other Appeals. Any person aggrieved by the decision of the Administrative Authority in the administration or application of this Chapter, other than that prescribed in subsections (a) and (b), may, within thirty days after the Administrative Authority's decision, appeal the decision to the Board of Appeals. The Board of Appeals maX affirm the decision of the Administrative -3- Authority, or it may reverse or modi~ the decision if the decision is: "(1) In violation of this Chapter or other applicable law; or "(2} Clearly erroneous in view of the reliable, robative and substantial evidence on the whole record: or "(3) Arbitrary, or capricious, or characterized b~ an abuse of discretion or clearl~r unwarranted exercise of discretion. "(d) Rules. The Board of A~~eals shall adopt rules pursuant to Chapter 91, Hawaii Revised Statutes, necessary for the purposes of this section." SECTION 2. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 3. In the event any portion of this ordinance is declared invalid, such invalidity shall not affect other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~~ Hilo, Hawaii COUNCIL NfEI~IBER, COUNTY OF HAWAII Date of Introduction: October 28, 1981 Date of Adoption: Effective Date: November 4, 1981 November 17, 1981 -4- Hilo, Hawaii Date: October 28, 1981 FIRST READING AYES NOE5 A/E Dahlberg X De Luz X Domingo X Fuj ii X Hale - - Kawahara X X + "._ Lai X S ch ut to X Chr. Yamashiro X 9 0 0 Publication Date: Hilo, Hawaii Date: November 4. 1.981 SECOND & FINAL READING AYES NOES A/E Dah lbe rg X De Luz X Domingo X Fujii X Hale X Kawahara X Lai X Schutte X Chr. Yamashiro X 9 0 0 Publication Date: ~QV ~'~19~~ We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. ~+,PPR®VE~ . rt ~~~ To F~R~ rman ~,v:~a~rJC+~ CDUKTY OF atAW alI ~~ Nov ~ ~s~~ ®°~®° ••-~°•°°-°~~ County Clerk Bill No. 784 Reference: C~-487/PWC-91 M . B . N o . ~__~~~ ~_ Ord. No. "