HomeMy WebLinkAboutBIL 134 Draft 01 2018-2020v'4Yr®FM,!y
COUNTY OF HAWAII i' s* STATE OF HAWAII
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BILL 134
ORDINANCENO.
AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 1, OF THE HAWAIJ COUNTY
CODE 1983 (2016 EDITION,ASAMENDED), LATIN TO SIGN CODE
VARIANCES.
E IT ORDAINED BY THE COUNCIL OF THE COUNTY OF AW `I:
SECTION 1. Purpose. The Council finds that the consideration of applications for sign
variances pursuant to chapter 3, article 1, division 6, of the Code should be considered by the
director of the department of public works rather than the Council. Consequently, it is the
purpose of this bill to place this authority with the director of public works.
SECTION 2. Chapter 3, article 1, division 2, section 3-3 of the Hawaii County Code
1983 (2016 Edition, as amended) is amended by amending paragraph(a)(9)to read as follows:
9) "Design commission"means [the Kailua Village speeial distfiet design f---.
i—j the appropriate board, commission, or committee established by
ordinance to review the design of structures in a special district listed in chapter
25, article 7."
SECTION 3. Chapter 3, article 1, division 6, of the Hawaii County Code 1983
2016 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, conveniences or welfare, the [Ha a `i r,,,,.Ay ,.,,tinei ] director may
grant[, by os„ltAien,] a request for a variance from any provision of this chapter.
If the subject parcel is located in a special district with a design commission,the director
shall refer the variance application to the planning director and design commission for their
respective comments and recommendations. The planning director and the design
commission shall each submit comments and recommendations on the proposed variance
within sixty days from the date that the proposed variance is transmitted to the planning
director and the design commission. Should either the planning director or the applicable
design commission, or both, fail to provide comments or recommendations within the sixty-
day review period,the public works director mayproceed to act on the variance application
as that director deems appropriate.
W-, (c) 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 ofthe 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 appheable, tee] 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 [net less dian t-weftty days pfier-to the initial heafing by the Hawai'i GeufAy
eau-neil, and pfier-to the date of the heafing, the appfiean shall file with the eetmeil
pfoof E)f sefviee of of gead faith eff-ei4s to serve natiee of the heafkig on the designated
pfepefty av%efs. Stteh Pfeef may eeiisist of eei4ified mail feeeipts, affidavits, ef the
like;-]. The notice shall designate a public comment period of not less than twenty dgys
from the date of the mailing. The director shall consider proof of service, good faith
efforts to serve notice, and any written comments received, as part of the application;
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;
12) [A draft r-esaltAien, that satisfies the feqttir-emei4s ef seefiens 3 22 aftd 3 23, iii be
paper-a-ad eleetfenie fafffiats;
4-3)]If applicable,the [Kai4ua Villa ] planning director's and design commission's [ate/
aiiy a&isefy written [r-eeoFP.-aeiid comments and
recommendations; and
04)] Any fee(s), prescribed by this chapter.
e)] Upon review of a complete application, [aftd, if app1ieabk-,] the director shall [ward
the appheation difeiigh the planaiiig dii:eetof to the Kailua Village design eeffifnissieft
and/ef afly othef applieable adviser-y ee— —n faf fev e- neiidatieii, then to
the appfapfiate eetineil eommi i-aa itsPe-Ansidefe6en a-ad deeisia ] render a final decision,
which may be preceded by a preliminary review and recommendation, and mqy be qppealed
to the board of appeals.
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Section 3-23. Variances; criteria for granting.
a) Only in situations where the following conditions exist may a variance be granted:
1) Granting the variance is necessitated by peculiar physical conditions not ordinarily
found in most districts, because of the peculiarity of a business, or as a result of a
special event or circumstance;
2) Granting the variance will not adversely affect the rights of adjacent property owners
or tenants;
3) Granting the variance will not unreasonably violate the interest, safety, convenience, or
general welfare of the public;
4) A strict application of the terms of this chapter would work unnecessary hardship and
practical difficulty upon the applicant or the community;
5) Granting the variance will not constitute a grant ofpersonal or special privilege
inconsistent with the limitations upon other properties under identical ordinances,
statutes, or rules; and
6) The application is complete.
b) In and of itself,prior construction of a sign without a permit,regardless ofthe cost or value
of the sign, shall not be deemed to constitute sufficient reason to grant a variance.
e) Getmeil r-esoltifieiis gfanting vafianee r-eqeests shall state the tffideflying fftet" basis for-the
eaiiaeil's findings that efteh ofthe f-equisite eendifiens te gfafA a vafianee has be
satisfied.]"
SECTION 4. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance,the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 5. Severability. If any provision of this ordinance, or the application
thereof to any person or circumstance, is held invalid,the invalidity does 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 severable.
SECTION 6. This ordinance shall take effect upon its approval.
INTR UCSD B..V.
EMBER, COUNTY OF 14AWN'l
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 714
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