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•,oJ�ZY OF N. . <br /> •+� `'''�` ' STATE OF HAWAI I <br /> COUNTY OF HAWAII ��-=������#• ` <br /> ••••)44. ....... ' <br /> BILL NO. 134 <br /> ,� (DRAFT 2) <br /> ORDINANCE NO. 20 1 <br /> AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 1, OF THE HAWAII COUNTY <br /> CODE 1983 (2016 EDITION,AS AMENDED),RELATING TO SIGN CODE <br /> VARIANCES. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. Purpose. The Council finds that the consideration of applications for sign <br /> variances pursuant to chapter 3, article 1, division 6, of the Code should be considered by the <br /> director of the department of public works rather than the Council. Consequently, it is the <br /> purpose of this bill to place this authority with the director of public works. <br /> SECTION 2. Chapter 3, article 1, division 2, section 3-3 of the Hawai`i County Code <br /> 1983 (2016 Edition, as amended) is amended by amending paragraph(a)(9)to read as follows: <br /> "(9) "Design commission"means [the Kailua Village special district design review <br /> commission] the appropriate board, commission, or committee established by <br /> ordinance to review the design of structures in a special district listed in chapter <br /> 25, article 7." <br /> SECTION 3. Chapter 3, article 1, division 6, of the Hawai`i County Code 1983 <br /> (2016 Edition, as amended) is amended to read as follows: <br /> "Division 6. Variances. <br /> Section 3-22. Variances. <br /> (a) In unique cases where strict enforcement of this chapter would result in unnecessary <br /> hardship or practical difficulty, and where desirable relief may be granted without detriment <br /> to the public interest, convenience,or welfare,the [Hawai`i County council] director may <br /> grant[, by resolution,] a request for a variance from any provision of this chapter. <br /> (b) If the subject parcel is located in a special district with a design commission, the director <br /> shall refer the variance application to the planning director and design commission for their <br /> respective comments and recommendations. The planning director and the design <br /> commission shall each submit comments and recommendations on the proposed variance <br /> within sixty days from the date that the proposed variance is transmitted to the planning <br /> director and the design commission. Should either the planning director or the applicable <br /> design commission, or both, fail to provide comments or recommendations within the sixty- <br /> day review period, the public works director may proceed to act on the variance application <br /> as that director deems appropriate. <br />