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HomeMy WebLinkAboutORD 1981-727 1980-1984BILL NO. 786 COUNTY OF HAWAII - STATE aO~F HAWAII ORDINANCE N0. ~~ ` AN ORDINANCE AMENDING CHAPTER 13, OF THE HAWAII COUNTY CODE, RELATING TO THE BOARD OF APPEALS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Article 2, Chapter 13, of the Hawaii County Code is amended by adding a new section to be appropriately designated and to read as follows: "SECTION 17. VARIANCES; APPEALS. "(a) Variances. Whenever strict application of any rovision of this Chapter, except for the provisions relatin~to materials, methods of construction, equipment, fixtures, devices, or a p~liances, would result in~ractical 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. Ranting a variance, the Board of Appeals shall prescribe a ~ conditions that it deems to be necessary or desirable. However, no variance from the strict application of this Chapter shall be granted bX 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 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; 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 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 add oining lots, and the building or land involved. "(b) Appeals Regarding Alternate Materials and Methods of Construction. And person denied the use of new or alternate materials, methods of construction, e~ui~ment, fixtures, devices, or alliances 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 a~P~eal, the Board may rewire any reasonable test of the proposed material, method of construction, equipment, fixture, device, or appliance, and -2- the appellant shall pay all expenses necessa~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 appliances 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 contrary to the intent and purpose of this Chapter. "(c) Other Appeals. And 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 may affirm the decision of the Administrative Authority, or it may reverse or modify 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, probative, and substantial evidence on the whole record; or "(3) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. -3- "(d) Rules. The Board of Appeals shall adopt rules pursuant to Chapter 91, Hawaii Revised Statutes, necessary for the purposes of this section." SECTION 2. Section 21, Article 5, Chapter 13, of the Hawaii County Code is repealed. ["SECTION 21. ADDING SECTION 323 "Section 323 is added to read: "Section 323. Appeals and Petitions. "Any appeal from the decision of the Administrative Authority in the administration of the County of Hawaii Plumbing Code involving any denial of the use of new or alternate materials, types of construction, equipment, fixtures, devices, or appliances, or any petition for varying the application of the Plumbing Code may be submitted to the Board of Appeals for hearing and determination as specified in Chapter 15 of the Hawaii County Code, as amended."] SECTION 3. 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 4. In the event any portion of this ordinance is declared invalid, such invalidity shall not affect other parts of this ordinance. -4- SECTION 5. approval. Hilo, Hawaii This ordinance shall take effect upon its Date of Introduction: Date of Adoption: Effective Date: INTRODUCED Y: <~ r COUNCIL' MEMBER, COUN OF HAWAI October 28, 1981 November 4, 1981 November 17, 1981 -5- Hilo, Hawaii Date: October 28, 1981 FIRST READING AYES NOES A/E Dahlberq X De Luz X Domingo X Fuj ii X Hale Kawahara X X T~ Lai X S chutte X Chr. Yamashiro X 9 0 0 Publication Date: Hilo, Hawaii Date: November 4. 1981 SECOND & FINAL READING AYES NOES A/E Dah lbe rg X De Luz X Domi nqo X Fuj i i X Hale X Kawahara X Lai X Schutte X Chr. Yamashiro X 9 0 0 Publication Date: ~}~~ ~`~ 19~' We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. APPR~VE® ~A,s To FARM C~ '`i;~t COU.<Y~ ter 4a '~~11 ~': i 1y ~ ~9~~ Approve G uncil Cha r an ~~'~~ ~ v County Clerk this ~ ~ ~ d y of C,,~ 19 . Bill No. 786 Reference: C-487/PWC~91 M.B. No. __ ~..°'. Ord. No.